Agenda — Twentynine Palms City Council, May 10, 2022 (part 3 of 4)

Environmental Analysis
City of Twentynine Palms Downtown Specific Plan Final IS/MND 3-58 .
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? (Less than Significant) The City relies solely on groundwater to meet its water demands. Based on the Urban Water Management Plan, there is sufficient groundwater supplies to meet demand projected to 2040 (City 2015) during normal, single-dry, and multiple-dry years. In addition, the TPWD plans to construct a new well to assist in meeting future demand. The City’s local water quantities are adequate to support new development identified within the Downtown Specific Plan for the duration of the Plan’s time horizon, while acknowledging that water demand will likely vary among future land uses. For example, restaurants typically demand more water than the typical retail shop. Likewise, residential uses typically demand more water than office space. Future development would be required to adhere to the provisions of City ordinances regarding water demand allocations, as applicable. Future site-specific development would require further CEQA review and any new water line extensions or line size modifications would be designed in coordination with the City Engineer. A less than significant impact would occur.
c) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (Less than Significant)
The proposed Downtown Specific Plan does not include any site-specific designs or proposals, nor grant any entitlements for development. As described previously, the conceptual improvement designs envisioned in the Specific Plan are intended to serve as guidance for the City in implementing these types of improvements in the future. With regard to wastewater, the City does not provide sanitary sewer service supporting existing or future infrastructure. As previously noted, future development would need to be served by one of three options: expansion of the existing package treatment plant, construction of a new package treatment plant, or installation of individual septic tanks. Such development would require further CEQA review and any new wastewater treatment systems would be designed in coordination with the City Engineer and abide by all relevant laws and regulations governing wastewater treatment. A less than significant impact would occur.
d, e) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? (Less than Significant)
The proposed Downtown Specific Plan does not include any site-specific designs or proposals, nor grant any entitlements for development. As described previously, the conceptual improvement designs envisioned in the Specific Plan are intended to serve as guidance for the City in implementing these types of improvements in the future. Future construction activities envisioned by the Downtown Specific Plan could generate solid waste in the form of waste asphalt and structure demolition. These activities would be required to comply with federal, State, and local statutes and regulations governing solid waste.

Development would be subject to the City’s Construction and Demolition Waste Recycling Requirement, which requires a project sponsor to submit a waste reduction plan that demonstrates that at least 50 percent of the construction and demolition waste can be recycled. Therefore, the construction and demolition waste associated with future development contemplated by the Downtown Specific Plan would have less-than-significant impacts on landfills. The operation of future residential, commercial, and institutional land uses would likely generate higher volumes of solid waste than what is currently generated, due to the increase in population associated with new development; however, such increases are assumed

Page 301 of 446 ends

Environmental Analysis
City of Twentynine Palms Downtown Specific Plan Final IS/MND 3-59 .
to be captured within the City’s current General Plan. Solid waste would be collected, taken to the waste transfer station and then sent to a landfill.

The Downtown Specific Plan Area would continue to be served by Burrtec, the City’s solid waste contractor.

Trash generated by the project would be hauled to the Twentynine Palms Transfer Station, east of the City, and then transported to Landers Landfill, a regional landfill located approximately 30 miles northwest of the City. Additional capacity, if needed, could be provided by either the expansion of the Landers Landfill or the regional landfill in Barstow, approximately 100 miles north of the City. Burrtec is required to meet all local, regional, State and federal standards for solid waste disposal. Future site-specific development would require further CEQA review and would abide by relevant laws and regulations governing solid waste disposal treatment. Impacts associated with solid waste are expected to be less than significant.

Page 302 of 446 ends

Environmental Analysis
City of Twentynine Palms Downtown Specific Plan Final IS/MND 3-60 .

3.20 Wildfire
Potentially
Significant
Impact
Less-thanSignificant w/
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
Would the project:
a) Substantially impair an adopted emergency
response plan or emergency evacuation plan? 
b) Due to slope, prevailing winds, and other factors,
exacerbate wildfire risks, and thereby expose
project occupants to pollutant concentrations from
a wildfire or the uncontrolled spread of a wildfire?

c) Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power lines or
other utilities) that may exacerbate fire risk or that
may result in temporary or ongoing impacts to the
environment?

d) Expose people or structures to significant risks,
including downslope or downstream flooding or
landslides as a result of runoff, post-fire slop
instability, or drainage changes?

The Downtown Specific Plan Area is located in the City’s urban core and is not in proximity to a Very High Fire Hazard zone (City 2012). There are areas identified as having a moderate fire risk. The nearest State Responsibility Zone is located approximately 14 miles west of the Specific Plan Area. a) Substantially impair an adopted emergency response plan or emergency evacuation plan? (Less than Significant)
The proposed Downtown Specific Plan does not include any site-specific designs or proposals, nor grant any entitlements for development. As described previously, the conceptual improvement designs envisioned in the Specific Plan are intended to serve as guidance for the City in implementing various types of improvements in the future. Development under the Downtown Specific Plan could require the use of vehicles and trucks that temporarily travel along several of the City’s main roadways during construction.

However, none of the land uses proposed by the Downtown Specific Plan are anticipated to negatively impact emergency response or evacuation plans. Future development would require further CEQA review to ensure that proposed improvements do not significantly impact emergency response or evacuation plans. Impacts would be less than significant.
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? (Less than Significant)
The proposed Downtown Specific Plan does not include any site-specific designs or proposals, nor grant any entitlements for development. As described previously, the conceptual improvement designs envisioned in the Specific Plan are intended to serve as guidance for the City in implementing these types of improvements in the future. The Downtown Specific Plan Area is generally flat and is not adjacent to any

Page 303 of 446 ends

Environmental Analysis
City of Twentynine Palms Downtown Specific Plan Final IS/MND 3-61 .
mountains or hillsides that could exacerbate wildfire risks. Additionally, the types of developments proposed by the Specific Plan are mostly residential and commercial uses that would utilize typical household cleaners and other relatively minimal amounts of other hazardous materials. If a wildfire were to occur, it is unlikely that use of fertilizers, paint, and household cleaners would expose occupants to pollutant concentrations. Furthermore, future development would require further CEQA review to ensure that proposed improvements do not significantly exacerbate wildfire risks and thereby expose occupants to pollutant concentrations. Impacts would be less than significant. c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? (Less than Significant) The Downtown Specific Plan does not include any site-specific designs or proposals, nor grant any entitlements for development. As described previously, the conceptual improvement designs envisioned in the Specific Plan are intended to serve as guidance for the City in implementing these types of improvements in the future. However, future projects may require additional infrastructure to adequately serve new development. Future development would require further CEQA review to ensure that proposed improvements do not require infrastructure that would exacerbate wildfire risks. As no development is currently proposed, impacts would be less than significant. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides as a result of runoff, post-fire slop instability, or drainage changes? (Less than Significant) The Downtown Specific Plan does not include any site-specific designs or proposals, nor grant any entitlements for development. As described previously, the conceptual improvement designs envisioned in the Specific Plan are intended only to serve as guidance for the City in implementing these types of improvements in the future. The Downtown Specific Plan Area is located within a relatively flat area and is not generally at risk for downslope flooding or landslides given the topographic characteristics of the area.

However, a large portion of the Downtown Specific Plan Area is located within a FEMA flood hazard area.

Therefore, future projects may expose future people or structures to risks related to downstream flooding as a result of runoff or post-fire instability. Future development would require further CEQA review to ensure that future improvements do not require infrastructure that would exacerbate wildfire risks. As no development is currently proposed, impacts would be less than significant.

Page 304 of 446 ends

Environmental Analysis
City of Twentynine Palms Downtown Specific Plan Final IS/MND 3-62 .

3.21 Mandatory Findings of Significance
Potentially
Significant
Impact
Less-thanSignificant w/
Mitigation
Incorporated
Less-thanSignificant
Impact
No
Impact
Does the project:
a) Have the potential to substantially degrade the
quality of the environment, substantially reduce the
habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self-sustaining
levels, threaten to eliminate a plant or animal
community, substantially reduce the number or
restrict the range of a rare or endangered plant or
animal or eliminate important examples of the
major periods of California history or prehistory?

b) Have impacts that are individually limited, but
cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects
of a project are considerable when viewed in
connection with the effects of past projects, the
effects of other current projects, and the effects of
probable future projects)?

c) Have environmental effects which would cause
substantial adverse effects on human beings,
either directly or indirectly?

a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Less than Significant with Mitigation)
As described in Section 3.4, Biological Resources, the proposed Downtown Specific Plan would have no direct impact on biological resources, and future improvements envisioned in the Specific Plan would be subject to applicable federal, state, and local regulations that protect such resources, as well as to further CEQA review of project-level impacts. Mitigation Measure BIO-1 would also ensure that any trees removed during implementation of future projects would have a less than significant impact on nesting birds.

Compliance with these existing regulations and implementation of BIO-1, would ensure that the project would have a less than significant impact on plant and wildlife species and their habitat. Similarly, as described in subsection 3.5, Cultural Resources, the proposed Downtown Specific Plan would have no direct impact on prehistoric or historic resources and future improvements envisioned in the Specific Plan would be subject to mitigation measures CUL-1 through CUL-4 as well as further CEQA review of projectlevel impacts, which would ensure proper treatment of any resources unearthed during construction.

Therefore, with the incorporation of mitigation measure CUL-1, this impact would be less than significant.

Page 305 of 446 ends

Environmental Analysis
City of Twentynine Palms Downtown Specific Plan Final IS/MND 3-63 .
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (Less than Significant with Mitigation) The impacts of Downtown Specific Plan implementation may have cumulatively considerable impacts with regard to air quality, cultural resources, public services, and population and housing. Although incremental changes in certain environmental topics can be expected as a result of future improvements envisioned in the proposed Specific Plan, all foreseeable potential environmental impacts would be considered less than significant or would be reduced to a less than significant level through implementation of the mitigation measures recommended in this Initial Study/Mitigated Negative Declaration or in future CEQA review of project-level impacts. This would also ensure that any contribution to cumulative impacts would be less than cumulatively considerable.
c) Does the project have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly? (Less than Significant with Mitigation) Construction of future improvements envisioned in the proposed Downtown Specific Plan would have the potential to cause adverse environmental impacts related to air quality, hazardous materials, water quality, and greenhouse gas emissions. Although the Plan itself does not include development and construction, it would provide a guide to future development of the downtown area. This Downtown Specific Plan Initial Study/Mitigated Negative Declaration mandates compliance with all required regulations and laws that would reduce potential impacts to air quality, hazardous materials, water quality, and greenhouse gas emissions. Further, the Mitigation Measure HAZ-1 included in this Initial Study/Mitigated Negative Declaration requires the preparation of a Phase I Initial Site Assessment for sites that may encounter hazardous materials during construction. Additionally, future developments and improvements would be required to complete project-specific CEQA review that would analyze project-level impacts and would likely include mitigation measures that would address site-specific impacts. This would ensure minimization of substantial adverse effects on human beings. Therefore, with the incorporation of the proposed and future mitigation measures, the proposed Downtown Specific Plan would not result in environmental effects that would cause substantial direct or indirect adverse effects on human beings.

Page 306 of 446 ends

References
City of Twentynine Palms Downtown Specific Plan Final IS/MND 4-1 .

4. References
California Department of Conservation (DOC). 2021. California Important Farmland Finder. Available at:
https://maps.conservation.ca.gov/DLRP/CIFF/
California Department of Transportation (Caltrans). 2021. California State Scenic Highway System Highway System Map. Available at:
https://www.arcgis.com/apps/webappviewer/index.html?id=465dfd3d807c46cc8e8057116f1aacaa California Energy Commission (CEC). 2005. Energy Action Plan II. October. https://docs.cpuc.ca.gov/published/REPORT/51604.htm
City of Twentynine Palms. 2012. Twentynine Palms General Plan Update. April.

GHD. 2021. Twentynine Palms Downtown Specific Plan-Biological Reconnaissance Site Visit to Support CEQA IS/MND.

Mojave Desert Air Quality Management District. 2016. Mojave Desert Air Quality Management District California Environmental Quality Act and Federal Conformity Guidelines.

San Bernardino Associated Governments. 2014. San Bernardino County Regional Greenhouse Gas Reduction Plan. March.

State Water Resources Control Board. 2021. Geotracker. Available at:
https://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=twentnine+palms# Twentynine Palms Water District. 2015. 2015 Urban Water Management Plan for Twentynine Palms Water District. December.

Page 307 of 446 ends

Report Preparers
.

City of Twentynine Palms Downtown Specific Plan Final IS/MND 5-1

5. Report Preparers

5.1 City of Twentynine Palms
Travis Clark, Community Development Director

5.2 GHD
Charles Smith, AICP, LEED AP, Business Group Leader
Todd Tregenza, AICP, Senior Transportation Planner
Makinzie Clark, Transportation Planner

5.3 Sub-consultants
Stantec
Kristina Lindgren
Converge 2 Plan
Dean Munn

Page 308 of 446 ends

Appendix A
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendices

Page 309 of 446 ends

Appendix A
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix A
Responses to Comments
This section includes copies of the comment letters received during the 30-day public review period for the IS/MND. Responses to each comment are provided after each letter.

Page 310 of 446 ends

From: Ryan Nordness <[email protected]>
Sent: Tuesday, December 14, 2021 1:15 PM
To: Travis Clark <[email protected]>
Subject: RE: SB18 notice for the City of 29 Palms Downtown Specific Plan, California CAUTION: This email originated from outside of the City of Twentynine Palms. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you for contacting the San Manuel Band of Mission Indians (SMBMI) regarding the above referenced project. SMBMI appreciates the opportunity to review the project documentation, which was received by our Cultural Resources Management Department on November 29th. The project is located within Serrano ancestral territory, and the area for the project is of interest, but Tribe sees no conflicts with the zoning changes at this time. However, when specific projects are planned and implemented, SMBMI might have comments and/or request formal consultation with the Lead Agency pursuant to CEQA (as amended, 2015) and CA PRC 21080.3.1.

This communication concludes SMBMI’s input on this project, at this time, and no additional consultation under SB18 is required. If you should have any further questions with regard to this matter, please do not hesitate to contact me at your convenience, as I will be your Point of Contact (POC) for SMBMI with respect to this project.

Respectfully,

THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS

ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination or copying of this communication is strictly prohibited. If you have received this electronic transmission in error, please delete it from your system without copying it and notify the sender by reply e-mail so that the email address record can be corrected. Thank You
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix A-1

Page 311 of 446 ends

Appendix A
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix A-2 Letter 1 Response to Comments
Comment Letter 1 was submitted by the San Manuel Band of Mission Indians (SMBMI) in response to SB18 outreach for the project (see Section 1.6 of this IS/MND). The commenter advises that the project area is of interest given its location within Serrano ancestral territory but observes no conflicts at this time.

The commenter requests that when future specific projects are planned and implemented, SMBMI may have comments and/or request formal consultation with the Lead Agency. No revisions to the IS/MND are needed in response to this letter.

Page 312 of 446 ends

Dear Mr. Travis Clark,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Downtown Specific Plan project. The project area is not located within the boundaries of the ACBCI Reservation. However, it is within the Tribe’s Traditional Use Area. For this reason, the ACBCI THPO requests the following:
[VIA EMAIL TO:[email protected]]
City of Twentynine Palms
Mr. Travis Clark
6136 Adobe Road
Twentynine Palms, California 92277
January 24, 2022
Re: City of Twentynine Palms Downtown Specific Plan and CEQA Study Project Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760)699-6956. You may also email me at [email protected].

Cordially,
Lacy Padilla
Archaeologist
Tribal Historic Preservation Office

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
03-053-2022-001
*Copies of any cultural resource documentation (report and site records) generated in connection with this project.

City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix A-3

Page 313 of 446 ends

Appendix A
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix A-4 Letter 2 Response to Comments
Comment Letter 1 was submitted by the Agua Caliente Band of Cahuilla Indians (ACBCI). The commenter acknowledges that the project area is not located within the boundaries of the ACBCI Reservation but is within the Tribe’s Traditional Use Area. The ACBCI requested copies of any cultural resource documentation (report and site records) generated in connection with this project. The City subsequently provided this documentation. No revisions to the IS/MND are needed in response to this letter.

Page 314 of 446 ends

Dear Mr. Travis Clark,
The Agua Caliente Band of Cahuilla Indians (ACBCI) appreciates your efforts to include the Tribal Historic Preservation Office (THPO) in the Downtown Specific Plan project. The project area is not located within the boundaries of the ACBCI Reservation. However, it is within the Tribe’s Traditional Use Area. For this reason, the ACBCI THPO requests the following:
[VIA EMAIL TO:[email protected]]
City of Twentynine Palms
Mr. Travis Clark
6136 Adobe Road
Twentynine Palms, California 92277
March 09, 2022
Re: Downtown Specific Plan
Again, the Agua Caliente appreciates your interest in our cultural heritage. If you have questions or require additional information, please call me at (760)699-6956. You may also email me at [email protected].

Cordially,
Lacy Padilla
Archaeologist
Tribal Historic Preservation Office

AGUA CALIENTE BAND

OF CAHUILLA INDIANS
03-053-2022-001
*Should human remains be discovered during construction of the proposed project, the project contractor would be subject to either the State law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains.
# *Prior to any future development within the project area, a cultural resources inventory by a qualified archaeologist should be conducted.

City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix A-5

Page 315 of 446 ends

Appendix A
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix A-6 Letter 3 Response to Comments
Comment Letter 3 was submitted by the Agua Caliente Band of Cahuilla Indians (ACBCI) after the close of the public review period on the Draft IS/MND. The commenter requests: 1) that specific practices be followed should human remains be discovered during construction of the proposed project; and 2) that prior to any future development within the project area, a cultural resources inventory by a qualified archaeologist should be conducted.

Both of these items are sufficiently addressed through Mitigation Measures CUL-4 and CUL-2, respectively.

No revisions to the IS/MND are needed in response to this letter.

Page 316 of 446 ends

Appendix A
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix A-5 Appendix B
Mitigation Monitoring and Reporting Program

Page 317 of 446 ends

Appendix B
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix B-1 Mitigation Monitoring and Reporting Program
City of Twentynine Palms Downtown Specific Plan
SCH No. 2022010154
Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action
& Schedule
Monitoring
Compliance Record
(Name / Date)
Biological Resources
MM BIO-1: Protect Nesting Birds and Raptors
- Ground disturbance and vegetation clearing shall be conducted, if possible, during the fall and/or winter months and outside of the avian nesting season (generally February 1 – August 31) to avoid any direct effects to protected birds. If ground disturbance cannot be confined to work outside of the nesting season, a qualified ornithologist shall conduct pre-construction surveys within the vicinity of the Project area, to check for nesting activity of native birds and to evaluate the site for presence of raptors and special status bird species. The ornithologist shall conduct at minimum a one-day pre-construction survey within the seven-day period prior to vegetation removal and ground-disturbing activities. If ground disturbance or vegetation removal work lapses for seven days or longer during the breeding season, a qualified ornithologist shall conduct a supplemental avian pre-construction survey before Project work is reinitiated.
- If active nests are detected within the construction footprint or up to 500 feet from construction activities, the ornithologist shall flag a buffer around each nest (assuming property access). Construction activities shall avoid nest sites until the ornithologist determines that the young have fledged or nesting activity has ceased. If nests are documented outside of the construction (disturbance) footprint, but within 500 feet of the construction area, buffers would be implemented as needed (buffer size dependent on species). Buffer sizes for common species would be determined on a case-by-case basis in consultation with the CDFW and, if applicable, with USFWS. Buffer sizes would consider factors such as:
• (1) noise and human disturbance levels at the construction site at the time of the survey and the noise and disturbance expected during the construction activity;
• (2) distance and amount of vegetation or other screening between the construction site and the nest; and
Incorporate protection and
avoidance measures into
final plans or specifications
Conduct preconstruction
nesting surveys if grading
or vegetation removal
occurs during nesting
season
Implement recommended
protection measures as
necessary
City Verify that protection and
avoidance measures are
in final plans or
specifications
Verify that surveys are
conducted prior to grading
or ground disturbing
activities during nesting
season
Verify that disturbance
buffers are implemented
during construction, if
required

Page 318 of 446 ends

Appendix B
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix B-2 Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action
& Schedule
Monitoring
Compliance Record
(Name / Date)
• (3) sensitivity of individual nesting species and behaviors of the nesting birds.

If active nests are detected during the survey, the qualified ornithologist shall monitor all nests at least once per week to determine whether birds are being disturbed. Activities that might, in the opinion of the qualified ornithologist, disturb nesting activities (e.g., excessive noise), shall be prohibited within the buffer zone until such a determination is made. If signs of disturbance or distress are observed, the qualified ornithologist shall immediately implement adaptive measures to reduce disturbance.

These measures may include, but are not limited to, increasing buffer size, halting disruptive construction activities in the vicinity of the nest until fledging is confirmed or nesting activity has ceased, placement of visual screens or sound dampening structures between the nest and construction activity, reducing speed limits, replacing and updating noisy equipment, queuing trucks to distribute idling noise, locating vehicle access points and loading and shipping facilities away from noisesensitive receptors, reducing the number of noisy construction activities occurring simultaneously, and/or reorienting and/or relocating construction equipment to minimize noise at noise-sensitive receptors.

Cultural Resources
MM CUL-1: Protect Historic Resources
Future developers within the Specific Plan Area, for projects not considered exempt, shall retain a qualified architectural historian to evaluate all historicage buildings within the proposed project footprint for CRHR eligibility, to determine any potential adverse impacts to historical resources under CEQA.

A report of findings shall be prepared and submitted to the City within 30 days of completion of the evaluation, concurrent with the proposed application for development.

Complete and submit
historic resources report
concurrent with application
for development
City Verify that findings are
incorporated into final
plans or specifications
MM CUL-2: Protect Archaeological Resources
Future developers within the Specific Plan Area, for projects not considered exempt, shall retain a qualified archaeologist to prepare a site-specific cultural resource study as part of the entitlement process.

Complete and submit
cultural resources report
concurrent with application
for development
City Verify that findings are
incorporated into final
plans or specifications

Page 319 of 446 ends

Appendix B
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix B-3 Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action
& Schedule
Monitoring
Compliance Record
(Name / Date)
MM CUL-3: Conduct Archaeological Monitoring
Future developers within the Specific Plan Area, for projects not considered exempt, shall retain a qualified archaeological monitor to be present during all earth moving activities within the Plan area. The monitor shall be empowered to stop and redirect construction activities should an archaeological resource be uncovered. Resources shall be identified and documented in accordance with the Secretary of the Interior’s standards. A report of findings shall be prepared and submitted to the City within 30 days of the completion of monitoring activities.

Incorporate protection and
avoidance measures into
final plans or specifications
If archaeological resources
are discovered, halt work
and follow procedures, as
appropriate
City Verify that protection and
avoidance measures are
in final plans or
specifications
During construction
MM CUL-4: Protect Human Remains Discovered During Construction If human remains, associated grave goods, or items of cultural patrimony are encountered during construction, the City shall halt work in the vicinity of the find and notify the County Coroner immediately. The City shall follow the procedures in Public Resources Code § 5097.9 and Health and Safety Code § 7050.5. If the human remains are determined to be of Native American origin, the Coroner shall notify the Native American Heritage Commission within 24 hours of the determination. The Native American Heritage Commission shall then notify the Most Likely Descendant (MLD), who has 48 hours to make recommendations to the landowner for the disposition of the remains. A qualified archaeologist, the City and the MLD shall make all reasonable efforts to develop an agreement for the treatment, with appropriate dignity, of any human remains and associated or unassociated funerary objects. The agreement would take into consideration the appropriate excavation, removal, recordation, analysis, custodianship, and final disposition of the human remains and associated or unassociated funerary objects.

Incorporate protection and
avoidance measures into
final plans or specifications
If human remains are
discovered, halt work and
follow procedures, as
appropriate
City Verify that protection and
avoidance measures are
in final plans or
specifications
During construction
Geology and Soils
MM GEO-1: Protect Paleontological Resources During Construction Activities
In the event that fossils are encountered during construction (i.e., bones, teeth, or unusually abundant and well-preserved invertebrates or plants), the Town shall divert construction activities away from the discovery within 50 feet of the find and notify a professional paleontologist to document the discovery as needed, to evaluate the potential resource, and to assess the nature and importance of the find. Based on the scientific value or Incorporate protection and
avoidance measures into
final plans or specifications
If paleo resources are
discovered, halt work and
follow procedures, as
appropriate
City
Construction
Coordinator,
City, and
Paleontologist
Verify that protection and
avoidance measures are
incorporated into final
plans or specifications
During construction

Page 320 of 446 ends

Appendix B
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix B-4 Mitigation Measure Implementation
Procedure
Monitoring
Responsibility
Monitoring / Reporting
Action
& Schedule
Monitoring
Compliance Record
(Name / Date)
uniqueness of the find, the paleontologist may record the find and allow work to continue, or recommend salvage and recovery of the material, if it is determined that the find cannot be avoided. The paleontologist shall make recommendations for any necessary treatment that is consistent with currently accepted scientific practices. Any fossils collected from the area shall then be deposited in an accredited and permanent scientific institution where they will be properly curated and preserved.

Hazards and Hazardous Materials
MM HAZ-1: Phase I and/or Phase II Site Assessment
For projects within the Plan Area that require excavation at any of the locations where a Cortese List site was recorded, a Phase I Environmental Site Assessment (and Phase II sampling where appropriate) would be required. If the Phase I Environmental Site Assessment determines that remediation is required, the project sponsor would be required to implement all remediation and abatement work in accordance with the requirements of the Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board (RWQCB), or other jurisdictional agency.

Complete and submit
Phase I Environmental Site
Assessment (and Phase II
sampling where
appropriate) concurrent
with application for
development
If remediation and
abatement is required,
complete prior to new
development
City Verify that findings are
incorporated into final
plans or specifications
Tribal Cultural Resources
MM TCR-1: Minimize Impacts to Tribal Cultural Resources If, during construction of future development projects, potential tribal cultural resources are uncovered, the City shall halt work, and workers shall avoid altering the materials and their context. Project personnel shall not collect cultural materials. The City shall notify California Native American tribes culturally affiliated with the Project Area. The City, in coordination with Native American tribes, shall determine if the resource qualifies as a tribal cultural resource under CEQA. If it does, then all work must remain stopped in the immediate vicinity to allow evaluation of any materials. The City shall ensure that qualified resources are avoided or protected in place, in accordance with the requests of Native American tribes, to the extent feasible. Work may proceed on other parts of the project while mitigation for tribal cultural resources is being carried out.

Incorporate protection and
avoidance measures into
final plans or specifications
If tribal cultural resources
are discovered, halt work
and follow procedures, as
appropriate
City Verify that protection and
avoidance measures are
in final plans or
specifications
During construction

Page 321 of 446 ends

Appendix C
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix C-1 Appendix C
Vehicle Miles Traveled (VMT) Modeling Output

Page 322 of 446 ends

City of Twentynine Palms Downtown Specific Plan
Vehicle Miles Traveled (VMT) Modeling Results
2016 Without Project

TAZ POPULATION HOUSEHOLDS SINGLEFAM MULTIFAM RETAILEMP NRETAILEMP SERVICE POP OD VMT OD VMT/SP 53992302 657 275 89 186 89 87 833 17,910 21.50
53992501 947 376 180 196 183 148 1,278 33,995 26.60
53992502 798 373 118 255 127 186 1,111 26,664 24.00
53992601 714 303 86 217 110 311 1,135 25,651 22.60
53992603 42 12
0 12 1 113 156 6,895 44.20
4,513 111,115 24.62
2016 With 29 Palms Downtown Specific Plan

TAZ POPULATION HOUSEHOLDS SINGLEFAM MULTIFAM RETAILEMP NRETAILEMP SERVICE POP OD VMT OD VMT/SP 53992302 721 299 89 210 92 98 911 19,005 20.86
53992501 1011 400 180 220 186 159 1,356 35,199 25.96
53992502 897 410 118 292 170 227 1,294 32,732 25.30
53992601 1363 545 86 459 164 596 2,123 42,413 19.98
53992603 42 12
0 12 12 155 209 15,081 72.16
5,893 144,430 24.51
TotalTotal
City of Twentynine Palms Downtown Specific Plan Final IS/MND Appendix C-1

Page 323 of 446 ends

Page 324 of 446 ends

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: May 10 2022
SUBJECT: Acceptance of Work, Notice of Completion and Release of Retention for the Project Phoenix Community Center
RECOMMENDATION:

The City Council approve the following:

1. Accept the Project Phoenix Community Center for a total cost of $7,230,039;

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release retained funds thirty (30) days after the filing of the Notice of Completion, provided no claims are filed against the contractor and punch list items are addressed.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Questions of Staff
Request Public Comment
Council Discussion
Motion/Second Discussion of Motion
Call the Question
ATTACHMENTS:
• Notice of Completion (NOC) -
Project Phoenix (15 NOCs)
BACKGROUND:

On January 21, 2021, bid openings for the Community Center and Visitor Center buildings were conducted. With over 90 submissions of proposals, the cost of the project came below $1M less than anticipated. The costs include the two main buildings, Community Center and Joshua Tree National Park Cultural Center. The Community Center includes a gymnasium, offices, reception area, restrooms, and kitchen at 11,685 square feet. The Joshua Tree National Park Cultural Center which is a visitor center, gift shop, and museum, along with support space (offices and restrooms) at 4,269 square feet.

Then on February 24, 2021, the City awarded 17 Prime Contracts for a total contract value of $7,540,039 to provide necessary labor, equipment, and materials to construct the Project Phoenix Community Center. Said Prime Contractors satisfactorily completed the work under this contract. The total contract cost is $7,230,039. There are only 15 NOCs presented today with the remaining two Prime Contracts having unresolved issues.

Staff recommends Council accept all of the work constructed under this Contract and authorize Staff to record a Notice of Completion with the County Clerk for San Bernardino County and release all withheld retention funds thirty (30) days after recordation AND completion of punch items.

ENVIRONMENTAL:

The City approved a Mitigative Negative Declaration for the entire Project Phoenix project on February 12, 2019. Page 325 of 446 ALTERNATIVES:

The City Council could choose to provide alternative direction to Staff.

FISCAL IMPACT:

Community Center and
Visitor Center Only
Total Authorized Contract Amount 7,581,439.00
Change Orders $ (310,703.00)
Total Contract after COs 7,270,736.00
Total Project Cost through March 25, 2022 6,864,845.31
Balance $ 405,890.69

Page 326 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: City of Twentynine Palms, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address is 6136 Adobe Road, Twentynine Palms, California 92277.

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with RND Contractors, Inc. whose address is 14796 Jurupa Ave, Unit A, Fontana, CA 92336, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

4. That all of the said work or improvement was located at: 6547 Yucca Avenue, Twentynine Palms, CA 92277 and 6533 Yucca Avenue, Twentynine Palms, CA 92277, APN: Lots 0617-112-04 through 0617-112-09, 0617-113-16 through 0617-113-19, 0617-113-24 and 0617-113-25.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $238,000 and $238,000.

The undersigned states: That the City of Twentynine Palms, the political subdivision of the State of California conducted the proceedings for the improvement located at 6136 Adobe Road, in said City, described or referred to in the foregoing "Notice of Completion”.

I certify under penalty of perjury that the foregoing is true and correct. __________________________________________________ DATE: May 10, 2022 City Manager of the City of Twentynine Palms, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 327 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Caston, Inc. whose address is 354 S. Allen Street, San Bernardino, CA 92408, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

4. That all of the said work or improvement was located at: 6847 Yucca Avenue, Twentynine Palms, CA 92277 and 6533 Yucca Avenue, Twentynine Palms, CA 92277, APN: Lots 0617-112-04 through 0617-112-09, 0617-113-16 through 0617-113-19, 0617-113-24 and 0617-113-25.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $798,585 and $798,585.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 328 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Danny Letner, Inc. dba Letner Roofing Company. whose address is 1490 N.

Glassell, Orange, CA 92867, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $453,800 and $453,800.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 329 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with PGC Construction, Inc. whose address is 42309 Winchester Road, Suite C, Temecula, CA 92590, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $280,000 and $280,000.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 330 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Montgomery Hardware Co. whose address is 8777 Lanyard Court, Rancho Cucamonga, CA 91730, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $91,600 and $91,600.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 331 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with McKernan, Inc. whose address is P.O. Box 8984, Redlands, CA 92375, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $204,700 and $204,700.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 332 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Bogh Engineering, Inc. whose address is 401 W. Fourth Street, Beaumont, CA 92223, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $777,100 and $777,100.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 333 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Donald M. Hoover Company. whose address is 10130 Redwood Avenue, Fontana, CA 92335, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $166,080 and $166,080.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 334 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Floored Tile and Stone. whose address is 7200 Helena Place, Fontana, CA 92336, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $91,000 and $91,000.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 335 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with S.C. Coatings Corporation, whose address is 41775 Elm Street, Suite 302, Murrieta, CA 92562, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $165,648 and $165,648.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 336 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with CG Acoustics, Inc. whose address is 31110 Busby Road, Winchester, CA 92596, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $200,477 and $200,477.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 337 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with World Fire Protection. whose address is 41-905 Boardwalk, Suite B, Palm Desert, CA 92211, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $119,500 and $119,500.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 338 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Continental Plumbing, Inc. whose address is 11165 Thurston Lane, Jurupa Valley, CA 91752, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $464,573 and $464,573.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 339 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Holtville Air Conditioning and Electrical, Inc. dba Vic’s Air Conditioning and Electrical whose address is 317 E. 5th Street, Holtville, CA 92250, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $354,770 and $354,770.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 340 of 446 ends

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Work)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Frank Luckino, is the duly appointed and qualified City Manager of the owner of interest or estate stated below in the property hereinafter described:

3. That on the 24th day of February 2021 and pursuant to approval of the City Council of the said City, the City entered into a contract with Construction Electric, Inc. whose address is 18885 Van Buren Blvd 4C, Riverside, CA 92508, to perform and complete all work required in connection with Project Phoenix Community Center in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

5. That all of the said work or improvement contemplated in and under said contract was completed on April 13, 2022, and accepted by Council action on May 10, 2022.

6. That the Surety on the Payment Bond of said Contractor and the surety on the Performance Bond of said Contractor, under said contract, was and is $1,058,500 and $1,058,500.

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTYNINE PALMS )ss.

Page 341 of 446 ends

Page 342 of 446 ends

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: May 10 2022
SUBJECT: Adopt a Resolution of Intention to Initiate an Amendment to the California Public Employees’ Retirement System (CalPERS) to Provide Partial Service Retirement for the Miscellaneous Retirement Group.

RECOMMENDATION:

Staff recommends the following actions:

1. City Council adopt the attached Resolution of Intention to declare the City's intent to approve an amendment to the contract between the City and CalPERS to provide Partial Service Retirement for full-time local Miscellaneous members who meet the normal retirement age and service requirements pursuant to Government Code Section 21118 (Partial Service Retirement).

2. Upon adoption of the Resolution of Intention, City Council authorize the City Clerk to certify a copy of the Resolution.

3. Authorize the City Clerk to sign the Certification of Compliance with Government Code Section 7507.

4. Conduct first reading of the Ordinance, which may be held on the same day the Resolution of Intention is adopted.

ORDER OF PROCEDURE:

Request Staff Report (City Manager
Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Resolution of Intention
[Amendments]
• Attachment A - Cert. of
Governing Body's Action
[CON12]
• Attachment B - Amendment to
Contract
• Attachment C - Section 7507
CON12-A
• Attachment D - Ordinance

Page 343 of 446 ends

• Publication 14 - CalPERS
Partial Service Retirement
BACKGROUND:

The Partial Service Retirement Program (PSRP) was developed in 1983 as a means of giving State employees the opportunity to reduce their work time and ease into retirement. This program offers voluntary partial service retirement to eligible employees, where feasible.

In order to offer this program, the City will need to amend its enhanced benefits contract with CalPERS.

Adding the Partial Service Retirement benefit will enable departments to approve qualified employees to work reduced hours and receive proportionately reduced concurrent retirement pension compensation.

This provision will provide departments with an alternative option to assist in transitions to retirement, including allowing departments to retain employees who would otherwise retire when the departments need more time to recruit or train replacement employees, and/or when the needs of the department can be satisfactorily met by a part-time employee. The City must approve the request to reduce an employee’s work time for partial retirement. Each request will be consider on a case-by-case basis and will be granted at the discretion of the department head and City Manager. A draft copy of the amended CalPERS contract is included for reference (see Attachment B).

Subject to the City’s approval, an eligible employee may reduce his/her work time by at least 20%, but no more than 60%. An eligible employee will receive partial retirement allowance based on the reduction of the employee’s work time. For example, if the employee’s work time is reduced by 30%, the allowance will be 30% of what the employee would receive if he/she took a full-service retirement. The employee will maintain his/her health, dental, vision, Short-term and Long-term care coverage, but will earn only partial service credit based on the employee's work time. Vacation/Sick time accruals will also be based on actual work time. To be eligible for partial service retirement, the employee must meet the following (for more details about this program and eligibility requirements, please see attached Publication 14):
• The employee works full-time in one of the following CalPERS membership categories: state miscellaneous, state industrial, or public agency member (if the public agency contracts for this benefit).
• The employee has reached the normal retirement age for his/her benefit formula (normal retirement age is 55 if benefit formula is 2% at 55, and 60 if benefit formula is 2% at 60). • The employee has accrued the minimum number of years of service credit to be eligible for service retirement, which is usually a minimum of five years of CalPERS-credited service.

The effective date of this amendment may be as early as the day following the effective date of the final Ordinance.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to amend the CalPERS benefit contract or provide other direction.

FISCAL IMPACT:

CalPERS has confirmed that there are no costs associated with the approval of this contract amendment.

CalPERS has also confirmed that that no actuarial study is required. Page 344 of 446

RESOLUTION OF INTENTION

TO APPROVE AN AMENDMENT TO CONTRACT

BETWEEN THE

BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL

CITY OF TWENTYNINE PALMS
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:

To provide Section 21118 (Partial Service Retirement) for local miscellaneous members.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this reference made a part hereof.

By:_________________________________
Presiding Officer
_________________________________
Title
________________________________
Date adopted and approved
(Amendment)
CON-302 (Rev. 3/9/2016 rc)

Page 345 of 446 ends

California Public Employees’ Retirement System
Financial Office | Pension Contracts and Prefunding Programs Division P.O. Box 942703, Sacramento, CA 94229-2703
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov Certification of Governing Body’s Action
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the ____________________________________________________________________ of the (governing body)
_________________________________________________________________________ (public agency)
on ________________________.
(date)
_______________________________________
Clerk/Secretary
_______________________________________
Title
PERS-CON12 (rev. 1/22/19)

Page 346 of 446 ends

The Board of Administration, California Public Employees‘ R et
ir
e
m
e
nt
System, hereinafter
referred to as Board, and the governing body of the above publi c
ahereinafte referred
gr
e
n
c
y,
to as Public Agency, having entered into a contract effect ive
Feb 22, 1989, and
ruar
y
witnessed January 18, 1989, and as amended effective July 15 ,
1Octobe 27,004 and
9r
9 8
,
September 28, 2005 which provides for participation of Public said System, inBoard and Public Agency hereby agree as follows:

A. Paragraphs 1 through 12 are hereby stricken from said asexecuted effective September 28, 2005, and hereby replaced by the follo
wing
para numbered 1
grap
hs
through 14 inclusive:

1. All words and terms used herein which are defi
ned
the inPublic Employees‘
Retirement Law shall have the meaning as defi
ned
ther unless othrwise
ein specifically provided. "Normal retirement age” s
h
a
l
l
mea age 55for classic
n local miscellaneous members and age 62 f
o
r
nelocal miscellaneous
w members.

Public Agency shall participate in the Public E
m
pl
oy
ee
s‘
Retireme System
nt from and after February 22, 1989 making its emplo
yees
ashereinaft provided,
er members of said System subject to all provisio
ns
of the Public Employees‘
Retirement Law except such as apply only on ele
cti
on
of acontractin agency
g and are not provided for herein and to all amend
ments
tosaid Law hereafter
enacted except those, which by express provisio
ns
the apply only the
re
of,
election of a contracting agency.

EXHIBIT
Califo
rnia Public Employees’ R
e
ti
r
e
System

AMENDMENT C
O
N
T
R
A
C
T
Betwee
n
t
h
e
Board of Ad
min
istra
tion
California Public Employ
ees’
Ret System
ire
me
nt
and t
City Co
un
cil City of Twent
ynine
Palm
s
CalP
ERS

Page 347 of 446 ends

Public Agency agrees to indemnify, defend and hold harmless the California Public Employees’ Retirement System (Ca|PERS) and its trustees, agents and employees, the CalPERS Board of Administration,and the California Public Employees’ Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorney fees that may arise as a result of any of the following:
(a) Public Agency’s election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency’s prior non-CalPERS retirement program.
(b) Any dispute, disagreement, claim, or proceeding (including without limitation arbitration, administrative hearing, or litigation) between Public Agency and its employees (or their representatives) which relates to Public Agency’s election to amend this Contract to provide retirement benefits, provisions or formulas that are different than such employees’ existing retirement benefits, provisions or formulas. (c) Public Agency’s agreement with a third party other than Ca|PERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for underthe California Public Employees’ Retirement Law.

Employees of Public Agency in the followingclasses shall become members of said Retirement System except such in each such class as are excluded by law or this agreement:
a. Employees other than local safety members (herein referred to as local miscellaneous members).
not of said Retirement System: a. SAFETY EMPLOYEES. The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment before and not on or after October 27, 2004 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). The percentage of final compensation to be provided for each year of credited prior and current service as a classic local miscellaneous member in employment on or after October 27, 2004 shall be determined in accordance with Section 21354.4 of said Retirement Law (2.5% at age 55 Full).

Page 348 of 446 ends

10. 12.

The percentage of final compensation to be provided for each year of credited prior and current service as a new local miscellaneous member shall be determined in accordance with Section 7522.20 of said Retirement Law (2% at age 62 Full).

Public Agency elected and elects to be subject to the following optional provisions:
a. Section 20938 (LimitPrior Service to Members Employed on Contract Date).
b. Section 21573 (Third Level of 1959 Survivor Benefits). c. Section 20903 (Two Years Additional Service Credit). d. Section 21022 (Public Service Credit for Periods of Lay-Off). e. Section 21024 (MilitaryService Credit as Public Service). f. Section 21027 (MilitaryService Credit for Retired Persons). g. Section 20042 (One-Year Final Compensation) for classic members only.
h. Section 21118 (Partial Service Retirement).

Public Agency, in accordance with Government Code Section 20834, shall not be considered an "employer" for purposes of the Public Employees’ Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Government Code Section 20834, and such contributions hereafter made shall be held by the Board as provided in Government Code Section 20834.
with respect to local miscellaneous members of said Retirement System. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilitiesof Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members.

Page 349 of 446 ends

BOARDOF ADMINI

PUBLICEMPLOY RETIREMENTSYSTEM
B
P

13. 14.

MEL ENAVIDES, CHIEF

N CONTRACTSAND PREFUNDING
This amendment shd\|
b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law.

Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees‘ Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law.

Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.
effective on the day of ,

ION CITYCOUNCIL
CITYOF TWENTYNINEPak?é
BY
PRESIDINGgee:ER
Witness Date Attest:

AM
EN
DM
EN
T
Ca|PERS 597942884230 ID
PE
FIS
-CO
N702
A
C
le

Page 350 of 446 ends

California Public Employees’ Retirement System
Financial Office | Pension Contracts and Prefunding Programs Division P.O. Box 942703, Sacramento, CA 94229-2703
888 CalPERS (or 888-225-7377) | TTY: (877) 249-7442 | www.calpers.ca.gov PERS-CON-12A (rev. 12/11/18)
Certification of Compliance with
Government Code Section 7507
I hereby certify that in accordance with Government Code section 7507, the future annual costs as determined by the California Public Employees’ Retirement System for the increase or change in retirement benefit(s) have been made public at a public meeting of the _______________________________ of the _________________________________________ (governing body) (public agency)
on ________________ which is at least two weeks prior to the adoption of the Resolution / (date)
Ordinance. Adoption of the retirement benefit increase or change will not be placed on the consent calendar.
___________________________________
Clerk/Secretary
___________________________________
Title
Date ___________________

Page 351 of 446 ends

CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYINE

PALMS, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE

CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALMS AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
(CALPERS) TO PROVIDE PARTIAL SERVICE RETIREMENT FOR

FULL-TIME LOCAL MISCELLANEOUS MEMBERS PURSUANT TO
GOVERNMENT CODE SECTION 21118.

The City Council of the City of Twentynine Palms does ordain as follows:

Section 1.

That an amendment to the contract between the City Council of the City of Twentynine Palms and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.

Section 2.

The Mayor of the City of Twentynine Palms is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency.

Section 3.

This Ordinance shall take effect thirty (30) days after the date of its adoption, and prior to the expiration of fifteen (15) days from the passage thereof shall be published at least once in The Desert Trail, a newspaper of general circulation, published and circulated in the City of Twentynine Palms and thenceforth and thereafter the same shall be in full force and effect.

PASSED, APPROVED and ADOPTED this _______ day of ___________, 20__.

_____________________________
Karmolette O’Gilvie, Mayor
ATTEST:
______________________________
Cindy Villescas CMC, City Clerk

Page 352 of 446 ends

APPROVED AS TO FORM:
______________________________
A. Patrick Muñoz, City Attorney

I hereby certify that the foregoing is a true copy of Ordinance No. ____, introduced on the ___ of__________, 20__ and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on _____ day of _______, 20__, in Twentynine Palms, California by the following vote, to wit.

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
________________________________
Cindy Villescas CMC, City Clerk
PERS-CON11A (Rev. 1/28/19) (Amendment)

Page 353 of 446 ends

Page 354 of 446 ends

Page 355 of 446 ends

Page 356 of 446 ends

Page 357 of 446 ends

RESOLUTION OF INTENTION

TO APPROVE AN AMENDMENT TO CONTRACT

BETWEEN THE

BOARD OF ADMINISTRATION

CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM

AND THE

CITY COUNCIL

To provide Section 21118 (Partial Service Retirement) for local miscellaneous members.

By:_________________________________
Presiding Officer
_________________________________
Title
________________________________
Date adopted and approved
(Amendment)
CON-302 (Rev. 3/9/2016 rc)

Page 358 of 446 ends

A Guide to Your CalPERS
Partial Service Retirement

Page 359 of 446 ends

This page intentionally left blank to facilitate double-sided printing.

Page 360 of 446 ends

www.calpers.ca.gov 1

TABLE OF CONTENTS
Introduction ............................................. 2 How It Works ............................................ 2 Eligibility Requirements .................................. 3 How to Apply ............................................ 3 Estimating Your Allowance ................................ 4 Service Credit ......................................... 4 Benefit Factor ......................................... 4 Final Compensation .................................... 4 Allowance Estimates ..................................... 5 Example I: State First Tier and Public Agency Members
Coordinated With Social Security ........................ 5 Example II: State First Tier and Public Agency Members
Not Coordinated With Social Security ..................... 5 Example III: State Second Tier Members ..................... 5 Estimate Your Case ..................................... 5 Other Considerations ..................................... 6 Annual Member Statement ............................... 6 Allowance Adjustments .................................. 6 Changing Jobs......................................... 6 Separating From Employment ............................. 6 Full Service Retirement .................................. 6 Important Tax Information ............................... 8 Mailing of Warrants or Direct Deposit Authorization ............ 8 Payroll Deductions ..................................... 9 Health, Dental, and Long-Term Care Coverage ................. 9 Social Security ......................................... 9 Injury, Illness, or Leaves of Absence ......................... 9 Provisions for Beneficiaries ................................ 9 Become a More Informed Member ........................ 10 CalPERS Website ..................................... 10 my|CalPERS ......................................... 10 CalPERS Education Center .............................. 10 Experience CalPERS Through Social Media .................. 10 Reach Us by Phone .................................... 10 Visit Your Nearest CalPERS Regional Office .................. 11 Privacy Notice .......................................... 12

Page 361 of 446 ends

2 888 CalPERS (or 888 225-7377)

INTRODUCTION
Partial service retirement is a benefit available to full-time state miscellaneous, state industrial, and public agency members (if your employer contracts for this benefit) who meet the normal retirement age and service requirements.

With partial service retirement, you can reduce your work time, continue working, and receive a “partial” service retirement allowance.

HOW IT WORKS
If you are eligible, you may reduce your work time by at least 20 percent, but not more than 60 percent. In other words, you must work at least 40 percent of full time, but not more than 80 percent. Your agency must approve your request to reduce your work time for partial retirement.

Your allowance is based on the reduction of your work time. For example, if you reduce your work time by 30 percent (working 70 percent of full time), your allowance would be 30 percent of what you would receive if you took a full service retirement.

Once your partial service retirement begins, you may decrease your alreadyreduced work time once each fiscal year. You may increase your work time only once every five years.

With your employer’s approval, you may end your partial service retirement at any time and return to full-time employment. Once you withdraw, you cannot reapply for five years.

Page 362 of 446 ends

www.calpers.ca.gov 3

ELIGIBILITY REQUIREMENTS
You are eligible for partial service retirement if you meet the following requirements:
• You work full time in one of the following CalPERS membership categories:
state miscellaneous, state industrial, or public agency member (if the public agency employer contracts for this benefit).
• You have reached the normal retirement age for your retirement benefit formula. The normal retirement age is the age at which you can retire without a reduction for retiring early. If your benefit formula is 2% at 55, your normal retirement age is 55. If your benefit formula is 2% at 60, your normal retirement age is 60.
• You have accrued the minimum number of years of service credit to be eligible for service retirement in your membership category. For most state miscellaneous, state industrial, and public agency members, you must have a minimum of five years of CalPERS-credited service.

Note: University of California and California State University employees are not eligible for partial service retirement.

HOW TO APPLY
Your personnel office has the necessary Partial Service Retirement Application form. This form is also available from the California Department of Human Resources at www.calhr.ca.gov. To ensure timely processing, submit your completed application to CalPERS at least 60 days before the effective date of partial retirement. The effective date must be the same date of your work time reduction and must be the first day of any pay period.

Remember, you must receive employer approval before you can apply.

Note: When corresponding with CalPERS, be sure to include your Social Security number or CalPERS ID and daytime telephone numbers on all written inquiries and documents.

Page 363 of 446 ends

4 888 CalPERS (or 888 225-7377)

ESTIMATING YOUR ALLOWANCE
The easiest way to estimate your partial service retirement allowance is to use the Retirement Estimate Calculator at www.calpers.ca.gov to determine your full service retirement Unmodified Allowance benefit. Then, multiply your partial retirement percentage times the Unmodified Allowance.

To manually estimate your partial service retirement allowance, you will need to know your years of service credit, benefit factor, and final compensation.

Examples and space to estimate your allowance are on page 5.

Service Credit
This is the amount of CalPERS-covered service you have earned. Your most current service credit will be reflected on your my|CalPERS account.

You can view your current service credit by logging in to my|CalPERS at my.calpers.ca.gov or you can refer to your latest CalPERS Annual Member Statement and add any service credit you have earned since that time.

Benefit Factor
Your benefit factor, also known as “age factor,” is the percentage of pay you’ll receive for each year of service credit earned. It is determined by your age at partial service retirement. Benefit factor charts are located in your CalPERS member benefit publication.

Final Compensation
Your final compensation is your highest average annual compensation during any consecutive 12- or 36-month period of employment, depending on your employer’s contract with CalPERS. If you are not sure, ask your personnel office. If your CalPERS employer(s) withheld Social Security taxes, your final compensation is reduced by $133.33 when computing your allowance.

If your employer(s) did not withhold Social Security taxes, your final compensation is not reduced.

Member benefit
publications for each
membership category
are available on
our website at
www.calpers.ca.gov.

You can also order
publications through
your my|CalPERS
account or call us
at 888 CalPERS
(or 888-225-7377).

Page 364 of 446 ends

www.calpers.ca.gov 5

ALLOWANCE ESTIMATES
We have used the following information for our examples:

Retirement formula = 2% at 55
Age at partial service retirement = 55
Years of service credit = 25
Final compensation = $3,000
Reduction of work time = 40%
Example I: State First Tier and Public Agency Members
Coordinated With Social Security

Example II: State First Tier and Public Agency Members
Not Coordinated With Social Security

Example III: State Second Tier Members (1.25% at 65)

Estimate Your Case

* If your employer(s) withheld Social Security taxes, you are subject to a one-time Social Security offset.

This means your final compensation is reduced by $133.33 when calculating your allowance.

Page 365 of 446 ends

6 888 CalPERS (or 888 225-7377)

OTHER CONSIDERATIONS
Annual Member Statement
A portion of your contributions and interest will be used to fund your partial service retirement. This portion is equal to the percentage of your reduced work time. For example, if you reduce your work schedule by 20 percent, we set aside 20 percent of your total contributions and interest during the time you are partially retired. Your Annual Member Statement will reflect the amount of contributions and interest remaining on your member account.

If you return to full-time employment, any remaining contributions will be returned to your member account.

Allowance Adjustments
Your partial service retirement allowance will be based on your age, salary, and service at the date of your initial entry into the program. A salary increase after entering the program will not change your partial service retirement allowance.

If you increase or decrease your work time, your new allowance will be based on the original allowance calculation. There are no provisions for cost-of-living increases for partial service retirement allowances.

Changing Jobs
You may transfer from one agency to another and continue your partial service retirement, with employer approval, as long as you remain a state miscellaneous, state industrial, or contracting public agency member.

Separating From Employment
If you permanently separate from state or public agency employment, you cannot continue your partial service retirement. You may, however, apply for a full service retirement (see your CalPERS member benefit publication), terminate your CalPERS membership and receive a refund of your contributions plus interest, or leave your contributions on deposit with CalPERS and apply for retirement or a refund at some time in the future.

Full Service Retirement
You may apply for full service retirement at any time. However, it is to your advantage to earn at least one year of service credit under partial retirement before doing so. If you have earned at least one year of service credit after entering partial service retirement, we will provide you with a brand new retirement calculation when you go to full service retirement. This is based on your age, final compensation, and total years of service as of the full service retirement effective date.

If you have earned less than one year of service credit before going to full service retirement, your retirement will be calculated differently. The new When you’re ready to fully
retire, apply for service
retirement online through
my|CalPERS or submit the
retirement application in
the publication A Guide to
Completing Your CalPERS
Service Retirement
Election Application
(PUB 43).

Page 366 of 446 ends

www.calpers.ca.gov 7
service earned will be calculated based on your age and final compensation as of the full service retirement effective date. That amount will be added to the original full service retirement Unmodified Allowance used for the partial retirement calculation to get your full service retirement allowance. Members who earn less than a full year of service credit during their partial service retirement may see a substantial reduction in their full service retirement allowance compared to members who have earned at least one full year of service credit.

Note: The less than one year of service calculation also applies if you ended your partial retirement, returned to full-time employment, and earned less than one year of service credit before applying for retirement.

Your full service retirement will be based mainly on the initial partial service retirement calculation if you have earned less than one year of service credit under partial service retirement.

Percent of
Partial Retirement
Required Months to Earn
One Year of Service Credit
20 25
30 40
50 60
13 14
15 17
20 25
If you are within one year of your expected retirement date, you may request a CalPERS-generated retirement estimate by completing a Retirement Allowance Estimate Request form and mailing it to the address on the form.

You can find this form on our website at www.calpers.ca.gov.

A CalPERS-generated retirement estimate uses your most current CalPERS account information, but does not include projections of salary increases, special compensation, or other job-related changes. It allows you to make informed retirement decisions and verify that our records properly reflect or match yours.

You are limited to two CalPERS-generated estimate requests in a 12-month period and must be within one year of retirement.

Note: Since your work time under partial service retirement is less than full time, it will take more than one fiscal year to earn one year of CalPERS service credit.

Page 367 of 446 ends

8 888 CalPERS (or 888 225-7377)
Important Tax Information
Partial service retirement allowance is taxable income and must be reported to the tax authorities annually. A partial retiree remains in active member status.

Distributions received by active members prior to age 59½ from a qualified retirement plan such as CalPERS are considered “early” distributions under Section 72(t) of the Internal Revenue Code. Early distributions from a qualified retirement plan are subject to an additional 10 percent federal tax and 2½ percent California state tax on the taxable portion of the distribution, plus any income tax due on the distribution.

Only federal and California state taxes can be deducted from your partial service retirement allowance. You may elect not to have tax withholding.

However, if we do not receive a signed withholding election, CalPERS is required to withhold taxes based on the tax tables for a married person with 3 exemptions. California residents who do not file a tax withholding election will have an additional 2 percent withheld for state taxes when early distributions apply. For individuals who reside outside of California, no California state tax will be withheld unless specifically requested.

You will receive an annual Form 1099-R that reports the gross amount of partial service retirement allowance you have received and the amount of federal and/or California state tax deductions for each tax year in which you participate. The Form 1099-R filed by CalPERS will report your partial service retirement allowance as an early distribution until you attain age 59½ as of December 31 of the tax year being reported.

While CalPERS can provide you with information on some tax laws that relate to your partial retirement, you should request additional information regarding the taxability of your partial service retirement allowance from the Internal Revenue Service (IRS), California Franchise Tax Board, or your tax advisor.

You may contact the IRS by calling toll free (800) 829-1040 or by visiting their website at www.irs.gov. If you have California state tax questions, please call the California Franchise Tax Board at (800) 852-5711 or visit their website at www.ftb.ca.gov.

Mailing of Warrants or Direct Deposit Authorization
Direct deposit electronically transfers your partial retirement benefit allowance directly into your checking or savings account, avoiding the need for you to sign and deposit your benefit check at your bank. You can establish and maintain your direct deposit online through my|CalPERS at my.calpers.ca.gov or download the Direct Deposit Authorization form from our website at www.calpers.ca.gov. You may also call us toll free at 888 CalPERS (or 888-225-7377) and ask us to mail you a copy. Your financial institution must be a member of the Automated Clearinghouse Association to accept a direct deposit from CalPERS.

Page 368 of 446 ends

www.calpers.ca.gov 9
Payroll Deductions
Any payroll deductions you have (health and life insurance premiums, union dues, credit union payments, deferred compensation, etc.) must be taken from your salary. If you have any questions regarding payroll deductions, contact your personnel office.

Health, Dental, and Long-Term Care Coverage
Your health, dental, and long-term care coverage (if enrolled) is not affected by partial service retirement. Remember, though, that any premium payments will be deducted from your salary and not from your partial retirement allowance.

Social Security
You may draw Social Security benefits while receiving your partial service retirement allowance; however, your earnings — salary and partial retirement allowance combined — may cause an offset to your Social Security benefits.

Contact your local Social Security office for information.

Injury, Illness, or Leaves of Absence
If you are unable to perform your job because of an injury or illness, you may be eligible for disability retirement. For more information see the publication A Guide to Completing Your CalPERS Disability Retirement Election Application (PUB 35).

If your injury or illness requires that you take a leave of absence or go on non-industrial disability leave, you can continue your partial service retirement with your employer’s consent. You may also remain in the program if you require other types of leave. Contact your personnel office for information.

Provisions for Beneficiaries
There is no provision under partial service retirement to provide benefits to someone after your death. All death benefits payable will be paid in the same manner as active member pre-retirement death benefits. See your CalPERS member benefit publication for more information.

Page 369 of 446 ends

10 888 CalPERS (or 888 225-7377)

BECOME A MORE INFORMED MEMBER
CalPERS Website
Visit www.calpers.ca.gov for information on all our benefits and services.

You can also sign up to receive email newsletters and alerts. my|CalPERS
Log in at my.calpers.ca.gov to access real-time details and balances of your CalPERS accounts. With my|CalPERS you can:
• View, print, and save current and past statements.
• Select mailing preferences for your statements, newsletters, and retirement checks. • Search for medical premium rates and health plans available in your area and confirm which dependents are covered on your health plan. • Estimate your future retirement benefit and save estimates to view later. • Send and receive secure messages.
• Order and download publications.
• Send account information to third parties, such as banks. • Apply for service retirement.
• Change your beneficiary designation.
• Retirees can update contact information, set up direct deposit, change tax withholdings, and view annual tax statements.

CalPERS Education Center
Whether you’re in the early stages of your career or getting ready to retire, visit the CalPERS Education Center in my|CalPERS to:
• Take online classes that help you have a better understanding of your CalPERS benefits.
• Register for instructor-led classes and download class materials. • Register to attend a CalPERS Benefits Education Event at a location near you. • Schedule a one-on-one appointment with a representative at your nearest CalPERS Regional Office.

Experience CalPERS Through Social Media
Facebook: www.facebook.com/myCalPERS
Twitter: www.twitter.com/CalPERS
Instagram: www.instagram.com/CalPERS
YouTube: www.youtube.com/CalPERS
LinkedIn: www.linkedin.com/company/CalPERS
Reach Us by Phone
Call us toll free at 888 CalPERS (or 888-225-7377).

Monday through Friday, 8:00 a.m. to 5:00 p.m.

TTY: (877) 249-7442

Page 370 of 446 ends

www.calpers.ca.gov 11
Visit Your Nearest CalPERS Regional Office
Fresno Regional Office
10 River Park Place East, Suite 230
Fresno, CA 93720
Glendale Regional Office
Glendale Plaza
655 North Central Avenue, Suite 1400
Glendale, CA 91203
Orange Regional Office
500 North State College Boulevard, Suite 750
Orange, CA 92868
Sacramento Regional Office
Lincoln Plaza East
400 Q Street, Room 1820
Sacramento, CA 95811
San Bernardino Regional Office
650 East Hospitality Lane, Suite 330
San Bernardino, CA 92408
San Diego Regional Office
7676 Hazard Center Drive, Suite 350
San Diego, CA 92108
San Jose Regional Office
181 Metro Drive, Suite 520
San Jose, CA 95110
Walnut Creek Regional Office
Pacific Plaza
1340 Treat Boulevard, Suite 200
Walnut Creek, CA 94597
Visit the CalPERS website for directions to your local office.

Regional Office hours are Monday through Friday, 8:00 a.m. to 5:00 p.m.

Page 371 of 446 ends

12 888 CalPERS (or 888 225-7377)

PRIVACY NOTICE
The privacy of personal information is of the utmost importance to CalPERS. The following information is provided to you in compliance with the Information Practices Act of 1977 and the Federal Privacy Act of 1974.

Information Purpose
The information requested is collected pursuant to the Government Code (sections 20000 et seq.) and will be used for administration of Board duties under the Retirement Law, the Social Security Act, and the Public Employees’ Medical and Hospital Care Act, as the case may be. Submission of the requested information is mandatory. Failure to comply may result in CalPERS being unable to perform its functions regarding your status. Please do not include information that is not requested.

Social Security Numbers
Social Security numbers are collected on a mandatory and voluntary basis.

If this is CalPERS’ first request for disclosure of your Social Security number, then disclosure is mandatory. If your Social Security number has already been provided, disclosure is voluntary. Due to the use of Social Security numbers by other agencies for identification purposes, we may be unable to verify eligibility for benefits without the number.

Social Security numbers are used for the following purposes:

1. Enrollee identification

2. Payroll deduction/state contributions

3. Billing of contracting agencies for employee/employer contributions

4. Reports to CalPERS and other state agencies

5. Coordination of benefits among carriers

6. Resolving member appeals, complaints, or grievances with health plan carriers Information Disclosure
Portions of this information may be transferred to other state agencies (such as your employer), physicians, and insurance carriers, but only in strict accordance with current statutes regarding confidentiality.

Your Rights
You have the right to review your membership files maintained by the System.

For questions about this notice, our Privacy Policy, or your rights, please write to the CalPERS Privacy Officer at 400 Q Street, Sacramento, CA 95811 or call us at 888 CalPERS (or 888-225-7377).

CalPERS is governed by the Public Employees’ Retirement Law and the Alternate Retirement Program provisions in the Government Code, together referred to as the Retirement Law. The statements in this publication are general. The Retirement Law is complex and subject to change. If there is a conflict between the law and this publication, any decisions will be based on the law and not this publication. If you have a question that is not answered by this general description, you may make a written request for advice regarding your specific situation directly to the CalPERS Privacy Officer at 400 Q Street, Sacramento, CA 95811.

Page 372 of 446 ends

This page intentionally left blank to facilitate double-sided printing.

Page 373 of 446 ends

2018.8.1
California Public Employees’ Retirement System
400 Q Street
P.O. Box 942701
Sacramento, California 94229-2701
888 CalPERS (or 888-225-7377)
www.calpers.ca.gov
PUB 14
August 2018
Printed at CalPERS

Page 374 of 446 ends

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: May 10 2022
SUBJECT: Amendments to the Development Code Chapter 19.41, Vacation Home Rental.

RECOMMENDATION:

The City Council approve the Ordinance amending Chapter 19.41, Vacation Home Rental of the Development Code, and find the project categorically exempt from CEQA.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• Ordinanace Vacation Home
Rental CC on 05-10-2022
• 19.41_Vacation Home
Rental_Draft - clean version -
Exhibit A
• 19.41_Vacation Home Rental
Draft - track changes
• Ad Hoc VHR Committee
Ordinance Markup (1-24-2022)
• 19.41_Vacation Home
Rental_Adopted
BACKGROUND:

The Planning Commission conducted a Public Hearing on April 5, 2022 to consider changes to Section

19.41 of the Development Code, Vacation Home Rental after conducting a Study Session on March 1, 2022. The Commissioners voted 2-1 to approve the changes proposed, but because a majority of the Planning Commission did not approve the changes (two Commissioners were not present), the changes come before the City Council without a recommendation.

Page 375 of 446 ends

The City Council established an Ad Hoc Committee to review the existing regulations governing vacation home rentals (Section 19.41 of the Development Code) and make recommendations for changes. The seven member committee consisted of 2 Councilpersons, 2 Planning Commissioners, and 3 community members.

The committee met nine times over five months to review the existing ordinance:

1. September 10, 2021, Friday

2. September 17, 2021, Friday

3. October 1, 2021, Friday

4. October 21, 2021, Friday

5. October 29, 2021. Friday

6. November 5, 2021 Friday

7. December 3, 2021 Friday

8. January 21, 2022 (Webinar) Friday

9. January 31, 2022 (Webinar) Monday
The changes proposed to the Code include recommendations from the Ad Hoc Committee as reviewed and modified by the Planning Commission. The changes have been reviewed by the City Attorney. The changes are presented in track changes mode in Microsoft Word of the attached document. The changes can be classified as major and other changes.

Major Changes

1. Overall cap on the number of vacation home rental licenses. The revised Ordinance places a cap on the overall number of licensed vacation home rentals within the City. The cap is established at 12% (recommended by the planning commission, but NOT formally approved) of detached, single-family houses. Presently, the City has 5,833 houses (2020 Census). If the 36 houses on the Marine Corps base are removed (since they cannot be rented), that leaves 5,797 houses of which 12% is 695 houses. This number of houses would be adjusted when new Census data is available. As of March 29, the City had 240 issued licenses, 129 pending licenses, and 50 closed licenses.

2. Fines have been increased.

A separate and increased amount has been established for disturbance and safety violations:
a.For the first violation within any 12-month period, the penalty shall be $500.00. b.For a second violation within any 12-month period, the penalty shall be $1,000. c.For a third violation within any 12-month period, the penalty shall range be $2,000.

A separate and increased amount has been established for operating a vacation home rental without a license:
a.For the first violation, a warning to the Owner shall be issued. b.For a second violation, the penalty shall be $2,500.
c.For a third violation, the penalty shall be $5,000, followed by a fine of $5,000 per day if rental operations do not cease.

Other procedural and minor violations would be treated like other violations in the Development Code.

3. The Community Development Director has been given the authority to suspend a vacation home rental license based upon the severity of the violations. The owner can appeal this decision to the Planning Commission at a Public Hearing.

Other Changes

1. Language concerning signage on a vacation home rental property was deleted as it was seen as duplicative of the requirements of the sign code, Section 19.88: Signs.

2. The language on animals was deleted as those regulations are covered under the Section

19.102: Animal Keeping of the Development Code.

3. The language concerning parking of vehicles on-site was modified to specify overnight parking. Page 376 of 446

4. A new requirement was added to require that a vacation home rental is to be rented for at least one day in a year in order to for the license to remain active.

5. A new requirement was added to require a noise mitigation plan.

6. A new requirement was added to require each owner or agent to attend a class (live or virtual) on how to be a responsible vacation home rental host.

7. A new requirement was added to perform a safety and compliance inspection of the house every three years.

8. A clarification was made to limit the number of vehicles parking on-site to the on-site parking spaces available.

9. Definitions were added to define Procedural and Nuisance Violation, Disturbance and Safety Violations, and a Noise Mitigation Plan.

10. The terms "maintain residential character" was stricken since it could not be objectively defined (recommended by the Planning Commission but NOT formally approved).

11. The term "tenant" was changed to "guests".

12. The term "permit" was changed to "license".

13. Staff added a requirement to provide a floor plan with the rooms labeled.

Items suggest by the Ad Hoc Committee that were not included in the Planning Commission's recommendation (recommended but, NOT formally approved) include:

1. A minimum of a one night rental within a year for the license to remain active. A majority of the Planning Commission opted to maintain the current minimum of a two night rental.

2. A limit on the number of VHRs a person or entity could own. A majority of the Planning Commission opted not to include this limitation. The following data represents owners that own multiple VHRs as of 1/24/2022:
• 28 owners with multiple VHR license (2 with 4 VHRs, 3 with 3 VHRs, and the rest are 2 with 2 VHRs)
• 9 of those have ADUs on the same parcel
• 9 VHRs are owned by LLCs
• 3 are owned by corporations
ENVIRONMENTAL:

Pursuant to the State Guidelines to Implement the California Environmental Quality Act (CEQA), the proposed zoning text amendment has been reviewed for its potential to impact the environment. The adoption of the amendment is an activity that has the potential for only minimal impacts upon the environment and, therefore, pursuant to Section 15305 of the State Guidelines to Implement the California Environmental Quality Act, a minor alteration in land use limitations is Categorically Exempt from further environmental review.

ALTERNATIVES:

The City Council could choose to:

1. Request revisions from Staff and postpone to a date certain.

2. Not adopt the revised Ordinance.

FISCAL IMPACT:

Adoption of this amended Ordinance will increase the costs of administering vacation home rentals within the City. These costs could be off-set by increased fees for VHR licenses.

Page 377 of 446 ends

1 CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE AMENDMENT, AMENDING CHAPTER 19.41 VACATION HOME RENTAL, OF THE CITY OF TWENTYNINE PALMS DEVELOPMENT CODE.

WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, the City Council established an Ad Hoc Committee to review to the Vacation Home Rental regulations and propose amendments; and
WHEREAS, the Ad Hoc committee consisted of two Councils members, two Planning Commission members and three citizens; and
WHEREAS, the Ad Hoc Committee held a total of nine meetings and made recommendations for changes and passed on some open questions to the Planning Commission for consideration; and
WHEREAS, on March 1, 2022, the Planning Commission reviewed the proposed changes and considered the open questions from the Ad Hoc Committee, and made recommendations to amend the ordinance; and
WHEREAS, on March 23, 2022, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and WHEREAS, in accordance with California Government Code Section 65350 et seq. and California Government Code Section 65853 et seq., the Planning Commission held a Public Hearing pursuant to the notice required by law for this amendment; and WHEREAS, on April 05, 2022, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter 19.41 Vacation Home Rental and considered the proposed amendment as reflected in “Exhibit A” to this resolution: and
WHEREAS, on April 05, 2022, at the above noted Public Hearing for the Development Code Amendment, the Planning Commission considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment, and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in

Page 378 of 446 ends

2 question may have a significant effect on the environment, the activity is not subject to CEQA; and
WHEREAS, on April 05, 2022, at the above noted Public Hearing, the Planning Commission voted to approve the amended ordinance but since two Commission members were absent, the vote did not include a majority of the Planning Commission and thus the ordinance is sent to the City Council without a recommendation; and WHEREAS, on April 27, 2022, the Development Code Amendment for Chapter 19.41 Vacation Home Rental, was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms: and
WHEREAS, on May 10, 2022, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in “Exhibit A” in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, on May 10, 2022, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA: and
WHEREAS, a Public Hearing was held by the City Council on May 10, 2022, at which time the Council introduced Ordinance No. ___, adopting the amendments to the Vacation Home Rental regulations of the Development Code, and
WHEREAS, the City Council found that on the bases of the whole record before it, including any public comments received, that there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council’s independent judgement and analysis; and
WHEREAS, the City Council in its review of the proposed Development Code Amendment, makes the following findings:

A. That the Zone Change or Development Code Amendment is consistent with the intent of the goals and policies of the General Plan.

The Development Code Amendment is consistent with the following policies of the General Plan:

Goal LU-1 – Encourage orderly growth and development as envisioned by community residents.

Implementation Policy LU-3.3 - Provide opportunities for a variety of residential densities to accommodate rural and suburban lifestyles, and housing types for all

Page 379 of 446 ends

3 economic and demographic segments of the City’s population, with convenient access to public facilities, employment, and shopping.

Goal LU-10 - Promote a high quality of life for Twentynine Palms residents by developing and sustaining a strong and diverse local economy.

B. The Zone Change or Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses.

The Development Code Amendment modifies the Vacation Home Rental regulations, including but not limited to, establishing a cap on the number of permits issued and increasing the fines for violations.

C. The Zone Change or Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species.

The Development Code Amendment modifies the Vacation Home Rental regulations to allow for a limited number of permits issued within the City limit the overabundance of short-term rentals and preserve housing opportunities for owners and renters.

D. The Zone Change or Development Code Amendment ensures protection of the general health, safety and welfare of the community.

The Vacation Home Rental regulations are being revised to implement increased fines for violations, especially those deemed disturbance or safety violations, to protect neighboring properties from being negatively affected by short term rentals.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, TAKES THE FOLLOWING ACTIONS:

Section 1. Based upon review of the proposed amendment of the Development Code, Chapter 19.41 Vacation Home Rental, that the City Council finds that the proposed amendment does not have the potential to have an adverse impact upon the environment and in accordance with the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Section 2. That the City Council finds that the proposed amendment is consistent with the City’s adopted General Plan Goals and Policies as the proposal will support implementation of the General Plan and State law.

Section 3. That the City Council approve and adopt the “Findings” required for approval of the Development Code update as set forth above.

Section 4. That the City Council of the City of Twentynine Palms amend the Development Code as reflected in Exhibit “A.”
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.

Page 380 of 446 ends

4 Section 6. Introduction Date. Ordinance No. ___ was introduced by Council action on the _____ day of ______, 2022.

Section 7. Effective Date. Ordinance No. ___ becomes effective thirty (30) days after the second reading by City Council.

Section 8. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications and, to this end, the provisions of this Ordinance are declared to be severable.

PASSED, APPROVED AND ADOPTED this ______ day ________, 2022.

Karmolette O’Gilvie, Mayor
ATTEST:

Cindy Villescas, CMC City Clerk
APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the _____ day of _______, 2022 and duly adopted by the City Council of the City of Twentynine Palms in a regular meeting held on the _____ of ______, 2022 in Twentynine Palms, California, by the following vote, to wit.

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

ATTEST:

Dated this 26th day of _______, 2022.

Page 381 of 446 ends

5 ________________________________________
Cindy Villescas CMC, City Clerk

Page 382 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-1 Vacation Home Rental Chapter 19.41 Vacation Home Rental
Sections

19.41.010 Purpose................................................................................................................19.41-1

19.41.015 Definitions...........................................................................................................19.41-1

19.41.020 License Required.................................................................................................19.41-2

19.41.025 Application Fee...................................................................................................19.41-3

19.41.030 Owner’s Agent ....................................................................................................19.41-3

19.41.035 Application..........................................................................................................19.41-3

19.41.040 Findings for Approval.........................................................................................19.41-4

19.41.045 Notice..................................................................................................................19.41-4

19.41.050 Denial of License ................................................................................................19.41-4

19.41.055 Appeal .................................................................................................................19.41-4

19.41.060 License Renewal .................................................................................................19.41-4

19.41.065 License Issuance .................................................................................................19.41-4

19.41.070 Operating Standards............................................................................................19.41-6

19.41.080 Noncompliance ...................................................................................................19.41-9

19.41.010 Purpose
A. The purpose of this Chapter is to establish the regulations governing the use of a residential dwelling unit as a vacation home rental, as defined herein. The owner of a vacation home rental shall apply for and secure a license authorizing such use in the manner provided for by this Chapter in order to safeguard the peace, safety and general welfare of the residents of Twentynine Palms by eliminating excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and the accumulation of refuse related to vacation home rentals.

B. Prior to the adoption of the provisions contained in this Chapter, there were no provisions in the City’s Development Code or the County’s applicable Land Use Regulations that identified or allowed the establishment of a “vacation home rental” as a legally licensed land use. Accordingly, nothing in this Chapter shall be construed to identify or allow an existing use to be classified or considered a legal nonconforming vacation home rental land use subject to the provisions and allowances of Chapter 19.142 (Nonconforming Buildings and Uses).

19.41.013 Total Limit on Vacation Home Rentals Established A. The total number of vacation home rental licenses within the City of Twentynine Palms shall be limited to 12% of the total detached, single-family houses located within the City. The number of detached, single-family houses shall be established by the U.S. Census and adjusted each year as new data is available.

19.41.015 Definitions
For the purpose of this Chapter, the following definitions shall apply:

Page 383 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-2 Vacation Home Rental A. Agent. The representative, if any, designated by the owner in accordance with Section 19.41.030 (Owner’s Agent).

B. Occupant (Guest). Any person who occupies or is entitled to occupy by reason of concession, license, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a vacation home rental is a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this Chapter may be considered.

C. Owner. The person(s) or entity(ies) that hold(s) legal and/or equitable title to the residence for which the vacation home rental license is sought.

D. Vacation Home Rental. A licensed short-term rental of any detached, single-family dwelling or any portion of any detached single-family dwelling for occupancy, dwelling, lodging or sleeping purposes for a minimum of two consecutive nights, but no more than 30 consecutive calendar days in duration. “Short-term rental” is included in the definition of “hotel” for purposes of collecting transient occupancy tax pursuant to Chapter 3.24 of the Municipal Code. A vacation home rental shall be considered a short-term rental for purposes of Chapter 3.24 of the Municipal Code.

E. Procedural and Minor Nuisance Violations. These are violations that violate the City’s rules and regulations but do not typically disturb or endanger the public at large and include improper placement of notification signage, trash cans left along the roadside after the required removal time, unattended pets, and an excessive number of vehicles parked on site.

F. Disturbance and Safety Violations. These are violations that endanger the occupants of the vacation home rental or the surrounding area and residents or create unreasonable noise or disturbances, and include loud parties, disorderly conduct, overcrowding, the use of illegal drugs, unattended fires, fireworks, or illegal vehicle parking in a manner that constricts the roadway.

G. Noise Mitigation Plan. A noise mitigation plan shall at a minimum consist of a sign placed adjacent to the evacuation map and a good neighbor brochure listing the rules and requirements including the prohibition of excessive noise and loud parties.

19.41.020 License Required
No owner of a vacation home rental shall rent, offer to rent, or advertise for rent the vacation home rental to another person without a valid vacation home rental license approved and issued in the manner provided for by this Chapter.

A. Vacation home rental use shall be limited to only those dwelling units that are physically separate, “stand-alone”, detached single-family residential units, not attached to or sharing a common wall, with any other residential unit being considered for the vacation home rental.

Page 384 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-3 Vacation Home Rental B. A vacation home rental use may be established on any parcel within any land use/zoning district when such property is occupied by one or more physically separated structures built as individual single-family residential homes. Subject to the requirements and standards established in this Chapter, and approval of a Conditional Use Permit in compliance with the procedures and findings established in Chapter 19.42 (Conditional Use Permit), the Planning Commission may approve the use of attached residential units that the Planning Commission determines warrant consideration based upon their historic character or community value.

19.41.025 Application Fee
An application for a Vacation Home Rental license shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter.

19.41.030 Owner’s Agent
An owner may retain an agent or a representative to comply with the requirements of this Chapter, including, without limitation, the filing of an application for a license that has been signed and notarized by the owner and the management of the vacation home rental, and in compliance with the conditions to the license. The license shall be issued only to the owner of the vacation home rental. The owner is responsible for compliance with the provisions of this Chapter and the failure of an agent to comply with this Chapter shall be deemed noncompliance by the owner.

19.41.035 Application
The owner or owner’s agent shall submit an application for a Vacation Home Rental license to the Community Development Director (Director). The application for a Vacation Home Rental license shall be upon forms provided by the City and shall contain at a minimum the following information:

A. The name, address and telephone number of the owner of the vacation home rental for which the license is to be issued.

B. The name, address and telephone number of the agent, if any, for the vacation home rental.

C. Evidence of a valid transient occupancy tax registration certificate and business license issued by the City for the vacation home rental.

D. Proof of general liability insurance in the amount of $1 million combined single limit and an executed agreement to indemnify, defend and hold the City harmless from any and all claims and liabilities of any kind whatsoever resulting from or arising out of the vacation home rental use.

E. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a vacation home rental in the City.

F. A floor plan of the structure identifying each room.

Page 385 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-4 Vacation Home Rental G. Such other information as the Director may deem reasonably necessary to administer this Chapter.

19.41.040 Findings for Approval
Prior to approving an application for a Vacation Home Rental license, the Director shall find that all of the following are true:

A. That the site upon which the vacation home rental use is to be established is adequate in size and shape to accommodate said use.

B. That the issuance of the license will not be detrimental to the public health, safety and welfare of the residents in the neighborhood or injurious to the community within the vicinity and the district in which the use is located.

19.41.045 Notice
Prior to approval of a Vacation Home Rental license, the Director shall notify all owners of property within 300 feet of the site by first-class mail that a license application has been received and is pending approval. The notice shall be mailed at least 10 days prior to making a final determination on the application. The notice shall provide a brief description of the use requested by the applicant, shall indicate the date the license will be issued, and shall indicate where information regarding the application may be obtained.

19.41.050 Denial of License
No application for a license, or a subsequent renewal, shall be denied if it meets the conditions of license issuance pursuant to this Chapter. No license or renewal of a license may be issued to the same owner if a license for the vacation home rental location has been revoked within one year of the application date, or is in the process of being revoked pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

19.41.055 Appeal
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals), except that the appeal shall be filed within 10 days of the date of notice, as required in Section

19.41.045 (Notice). If no appeal is filed in a timely fashion, the decision of the Director shall be final.

19.41.060 License Renewal
The owner(s) shall renew a Vacation Home Rental license annually prior to the license issuance anniversary date, and shall include in the renewal application any changes to the information requirements set forth in Section 19.41.035 (Application), a renewal fee, and current proof of general liability insurance pursuant to Subsection 19.41.035.D.

Every three years a safety and compliance inspection of the house shall occur before the anniversary date of renewal.

19.41.065 License Issuance

Page 386 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-5 Vacation Home Rental Licenses issued pursuant to this Chapter are subject to the following standard conditions:

A. Prior to issuance of the Vacation Home Rental license, the owner(s) shall request, and pay the applicable fee for, an inspection from the City’s Building & Safety Division to confirm that the required fire and safety protection measures are in place and functioning, including but not limited to smoke detector(s), carbon monoxide detector(s), and fire extinguisher(s).

B. Prior to issuance of the initial Vacation Home Rental license for a property, the owner/agent shall provide certification dated within one year of application for the license, from a state-licensed and certified septic inspector or inspection service that each septic system located upon the site of the vacation home rental is functioning properly and conforms to all applicable city, county and state health and safety regulations and requirements.

C. The owner shall provide a valid 24-hour emergency contact telephone number for the owner and/or agent of a vacation home rental. Failure to provide and maintain a valid 24-hour contact telephone number(s) for the owner and/or agent responsible for a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved license for a vacation home rental.

No portion of any such required parking stall shall be located within either a required front or street side yard setback area. All required parking spaces shall comply with the location and design standards established by the provisions of Chapter 19.82 (Off-Street Parking and Loading).

E. The vacation home rental must have a visible house number easily seen from the street, day or night.

F. All advertising for the short-term rental shall include the City-issued license number.

G. A minimum stay of two consecutive nights shall be required.

H. The maximum overnight occupancy of the vacation home rental shall be limited to two persons per bedroom, plus two additional persons, excluding persons 5 years of age or younger.

I. No on-site exterior signs are to be posted advertising a vacation home rental, except that a single sign no smaller than 1 square foot in size and no larger than 2 square feet in size shall be displayed in a location clearly visible from the adjacent street. The sign shall only contain a 24-hour contact number for the owner or agent, and the license number.

J. Prior to commencement of the use, the owner shall register the property with the City Finance Department for transient occupancy tax reporting and payment.

Page 387 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-6 Vacation Home Rental K. Each vacation home rental use shall register with the City Finance Department and pay the applicable fee to obtain a business license.

L. The Director shall have the authority to establish additional standard conditions, as necessary to achieve the objectives of this Chapter.

M. The Planning Commission shall have the authority to impose additional conditions on any license in the event of any violation of the conditions to the license or the provisions of this Chapter subject to compliance with the procedures specified in Section 19.41.080 (Noncompliance).

N. The owner or agent shall sign an acknowledgement of the requirements for operation of the vacation home rental as set forth in this Chapter.

O. A vacation home rental that is inactive for twelve (12) months or longer shall be withdrawn from the City’s list of permitted vacation home rentals and not counted towards the City-wide limit. An active vacation home rental shall be rented for at least one day in a year from beginning with license issuance or renewal anniversary.

P. Each permitted Vacation Home Rental shall include a Noise Mitigation Plan which shall be kept on file with the City of Twentynine Palms.

Q. Prior to receiving a license to operate a vacation home rental each Owner and/or Agent shall provide evidence that they have completed a live or virtual class that has been certified by the City on how to be a responsible vacation home rental host.

19.41.070 Operating Standards
Vacation home rentals shall comply with the following operating standards. A failure to comply and/or conform to the following standards shall constitute a violation of the City’s Municipal Code, and shall be grounds to revoke an approved Vacation Home Rental license.

A. Structural and Design Features.

1. Each dwelling used as a vacation home rental shall maintain an operational fire extinguisher, smoke detector(s) and carbon monoxide detector(s) (one per bedroom plus one in each hallway) conforming to the Uniform Building Code Standards (UBC No. 43-6). Exit/egress and an emergency evacuation map must be displayed in a prominent location in each room used for sleeping purposes.

2. Alterations or modifications made to any structure(s) and to the site used for a vacation home rental use shall be compatible with the character of a single-family residence and the surrounding residential neighborhood. Alterations and modifications shall also comply with all applicable provisions, requirements and standards of the City’s Municipal Code. Vacation Home Rental licenses will not be

Page 388 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-7 Vacation Home Rental issued to structures that have been previously altered or modified without obtaining a building permit for the alteration or modification.

3. Any lights used to illuminate a site used for a vacation home rental purpose shall be designed so as to reflect away from adjoining properties and all public rights-of-ways and shall comply with Chapter

19.78 (Lighting Standards).

4. The home used for a vacation home rental shall not be modified to allow or contain more than one kitchen/cooking facility.

5. The owner/agent shall ensure that the occupants of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners are expected to take measures necessary to abate disturbances, including, but not limited to, directing the guest, calling for law enforcement services or City code enforcement officers, evicting the guest, or any other action necessary to immediately abate the disturbance.

6. The owner/agent, upon notification that occupants or guests of the rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the Municipal Code or state law, shall take immediate action within one hour of notification to prevent a recurrence of such conduct by the occupants and/or guests.

B. Contact Information. The owner shall maintain a valid 24-hour contact telephone number for the owner/agent of a vacation home rental. Failure to maintain a valid 24-hour contact telephone number(s) for the owner and/or responsible individual of a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved license pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

C. Records, Business License, Transient Occupancy Tax and Performance Deposit.

1. Records of all guests who patronize the vacation home rental unit shall be preserved for a minimum period of three years before such records are discarded. Such records shall be made available to the City within five working days upon written request from the City. Failure to preserve patronage records or failure to present patronage records when requested by the City to do so shall be grounds to revoke the Vacation Home Rental license.

2. A valid Business License shall be maintained for each vacation home rental.

3. Each vacation home rental use shall report and remit to the City Finance Department all transient occupancy tax due and required by Chapter 3.24 of the Municipal Code.

D. Rental Agreement.

Page 389 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-8 Vacation Home Rental

1. A rental agreement shall be required for each rental of an approved vacation home rental unit prior to occupancy.

2. Prior to occupancy, the owner shall obtain the name, address and driver’s license number or a copy of the passport of the primary responsible adult occupant of the vacation home rental.

3. The rental agreement shall disclose that riding off-road vehicles is restricted to approved OHV areas only. The rental agreement shall also inform the guest that they are subject to the local Noise Control Ordinance.

4. The rental agreement shall disclose that all animals under the renter’s control shall be cared for in a manner consistent to Subsection 19.41.070.F (Animals), and in conformance with all City and County animal standards.

5. Each lease or rental agreement shall include the following notifications and disclosures, which shall also be posted in a conspicuous location inside the vacation home rental:
a. The maximum number of occupants that are licensed and notification that failure to conform to the maximum occupancy is a violation of this Chapter. b. The number of parking spaces provided, and the location of assigned parking and the maximum number of vehicles that are permitted.
c. The trash pickup day(s) and applicable regulations pertaining to leaving or storing trash on the exterior of the property.
d. Notification that the occupant may be subject to citation and fines for violating applicable ordinances and laws.
e. The name of the managing agency, agent, rental manager, local contact person or owner of the unit, a telephone number at which that party may be reached at all times, and 911 emergency information.

E. Parking, Access and Driveways.

1. The maximum number of vehicles parking overnight shall in no case exceed the number of available on-site parking spaces.

2. The property owner of each vacation home rental shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants’ use at all times.

3. Parking of commercial vehicle(s), excluding pickup trucks and vehicles weighing less than 10,000 pounds gross vehicle weight, anywhere on a site approved for a vacation home rental, except temporarily for durations of less than four hours when actively being loaded or unloaded, is prohibited.

Page 390 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-9 Vacation Home Rental F. Property Maintenance.

1. The owner/agent shall keep or cause to be kept the vacation home rental property including landscaping in a neat, clean and orderly manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property to its required neat and clean manner, pursuant to the requirements of Chapter 19.146 (Nuisance Abatement). A failure to return the property to a neat, clean, and orderly manner within 30 days of a notice to do so shall be grounds for revocation of the Vacation Home Rental license pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

2. In accepting the right to operate a vacation home rental as approved under a Vacation Home Rental license, if the property owner fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner declares and provides an express permission and consent to the City, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean and orderly manner as prescribed in Chapter 19.146 (Nuisance Abatement).

3. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler. The owner of the short-term rental shall provide sufficient trash collection containers and service to meet the demand of the occupants.

4. All pools and/or spas on-site shall be maintained in a neat, clean and healthy manner at all times.

Each and every pool and/or spa shall conform to the requirements of the City’s Building & Safety Codes and all applicable codes of the San Bernardino County and the state of California.

19.41.080 Noncompliance
The approval authority may revoke or void any license for a vacation home rental use for noncompliance with the conditions and standards set forth in this Chapter and pursuant to the procedures established in Section 19.28.160 (Revocation or Modification).

A. Violations. The following conduct shall constitute a violation for which the penalties specified in Subsection 19.41.080.B (Penalties) may be imposed, or the license revoked:

1. The owner/agent has failed to comply with the standard and/or operational conditions specified in Sections 19.41.065 (License Issuance) and 19.41.070 (Operating Standards).

2. The owner/agent has failed to comply with conditions imposed by the Director pursuant to the provisions of Section 19.41.065 (License Issuance).

3. The owner/agent has failed to comply and pay any fines imposed pursuant to Section 19.41.080 (Noncompliance) within 30 days of the date of notification.

4. The owner/agent has failed to comply and pay the transient occupancy tax or submit a report as required by Chapter 3.24 of the Municipal Code within the required time limit.

Page 391 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Licenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-10 Vacation Home Rental B. Penalties. The penalties for violations specified in Subsection 19.41.080.A shall be the responsibility of the owner per event (day) as follows. An event (day) may include more than one violation but shall only count as one step towards a revocation:

1. Operating without a valid Vacation Home Rental License:
a. For the first violation, a warning to the Owner shall be issued. b. For a second violation, the penalty shall be $2,500. c. For a third violation, the penalty shall be $5,000, followed by a fine of $5,000 per day if rental operations do not cease.

2. Procedural and Minor Nuisance Violations:
a. Nuisance Violations shall be cited and fined per Chapter 19.144 - Administrative Citations of the Development Code. Chapter 6.

3. Disturbance and Safety Violations. If the owner/agent has not abated the disturbance or safety violation within one hour per Section 19.41.070. A. 6 above the penalties shall be as follows:
a. For the first violation within any 12-month period, the penalty shall be $500.00. b. For a second violation within any 12-month period, the penalty shall be $1,000. c. For a third violation within any 12-month period, the penalty shall range be $2,000.

C. In lieu of the fines as set forth above, the Community Development Director, at his/her sole discretion, and based upon the severity of the violations may suspend the Vacation Home Rental license and the associated right to use a property as a vacation home rental for a specified period, not to exceed 12 months. The Owner can appeal this decision at an advertised revocation hearing in conformance to Section 19.28.160 (Revocation or Modification).

Page 392 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-1 Vacation Home Rental Chapter 19.41 Vacation Home Rental
Sections

19.41.010 Purpose................................................................................................................19.41-1

19.41.015 Definitions...........................................................................................................19.41-1

19.41.020 PermitLicense Required......................................................................................19.41-2

19.41.025 Application Fee.................................................................................................19.41-32

19.41.030 Owner’s Agent ..................................................................................................19.41-32

19.41.035 Application........................................................................................................19.41-33

19.41.040 Findings for Approval.......................................................................................19.41-43

19.41.045 Notice................................................................................................................19.41-43

19.41.050 Denial of PermitLicense....................................................................................19.41-44

19.41.055 Appeal ...............................................................................................................19.41-44

19.41.060 PermitLicense Renewal.....................................................................................19.41-44

19.41.065 PermitLicense Issuance.....................................................................................19.41-44

19.41.070 Operating Standards..........................................................................................19.41-65

19.41.080 Noncompliance .................................................................................................19.41-99

19.41.010 Purpose
A. The purpose of this Chapter is to establish the regulations governing the use of a residential dwelling unit as a vacation home rental, as defined herein. The owner of a vacation home rental shall apply for and secure a permitlicense authorizing such use in the manner provided for by this Chapter in order to safeguard the peace, safety and general welfare of the residents of Twentynine Palms by eliminating excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and the accumulation of refuse related to vacation home rentals.

B. Prior to the adoption of the provisions contained in this Chapter, there were no provisions in the City’s Development Code or the County’s applicable Land Use Regulations that identified or allowed the establishment of a “vacation home rental” as a legally permitlicenseted land use. Accordingly, nothing in this Chapter shall be construed to identify or allow an existing use to be classified or considered a legal nonconforming vacation home rental land use subject to the provisions and allowances of Chapter 19.142 (Nonconforming Buildings and Uses).

19.41.015 Definitions
For the purpose of this Chapter, the following definitions shall apply:

Page 393 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-2 Vacation Home Rental A. Agent. The representative, if any, designated by the owner in accordance with Section 19.41.030 (Owner’s Agent).

B. Occupant (Guest). Any person who occupies or is entitled to occupy by reason of concession, permitlicense, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a vacation home rental is a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this Chapter may be considered.

C. Owner. The person(s) or entity(ies) that hold(s) legal and/or equitable title to the residence for which the vacation home rental permitlicense is sought.

D. Vacation Home Rental. A permitlicensedted short-term rental of any detached, single-family dwelling or any portion of any detached single-family dwelling for occupancy, dwelling, lodging or sleeping purposes for a minimum of two consecutive nights, but no more than 30 consecutive calendar days in duration. “Short-term rental” is included in the definition of “hotel” for purposes of collecting transient occupancy tax pursuant to Chapter 3.24 of the Municipal Code. A vacation home rental shall be considered a short-term rental for purposes of Chapter 3.24 of the Municipal Code.

D.G. Noise Mitigation Plan. A noise mitigation plan shall at a minimum consist of a sign placed adjacent to the evacuation map and a good neighbor brochure listing the rules and requirements including the prohibition of excessive noise and loud parties.

19.41.020 PermitLicense Required
No owner of a vacation home rental shall rent, offer to rent, or advertise for rent the vacation home rental to another person without a valid vacation home rental permitlicense approved and issued in the manner provided for by this Chapter.

Page 394 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-3 Vacation Home Rental B. A vacation home rental use may be established on any parcel within any land use/zoning district when such property is occupied by one or more physically separated structures built as individual single-family residential homes. Subject to the requirements and standards established in this Chapter, and approval of a Conditional Use Permit in compliance with the procedures and findings established in Chapter 19.42 (Conditional Use Permit), the Planning Commission may approve the use of attached residential units that the Planning Commission determines warrant consideration based upon their historic character or community value.

19.41.025 Application Fee
An application for a Vacation Home Rental Permitlicense shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter.

19.41.030 Owner’s Agent
An owner may retain an agent or a representative to comply with the requirements of this Chapter, including, without limitation, the filing of an application for a permitlicense that has been signed and notarized by the owner and, the management of the vacation home rental, and in compliance with the conditions to the permitlicense. The permitlicense shall be issued only to the owner of the vacation home rental. The owner is responsible for compliance with the provisions of this Chapter and the failure of an agent to comply with this Chapter shall be deemed noncompliance by the owner.

19.41.035 Application
The owner or owner’s agent shall submit an application for a Vacation Home Rental Permitlicense to the Community Development Director (Director). The application for a Vacation Home Rental Permitlicense shall be upon forms provided by the City and shall contain at a minimum the following information:

A. The name, address and telephone number of the owner of the vacation home rental for which the permitlicense is to be issued.

B. The name, address and telephone number of the agent, if any, for the vacation home rental.

C. Evidence of a valid transient occupancy tax registration certificate and business license issued by the City for the vacation home rental.

E. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a vacation home rental in the City.

E.F. A floor plan of the structure identifying each room.

Page 395 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-4 Vacation Home Rental F.G. Such other information as the Director may deem reasonably necessary to administer this Chapter.

19.41.040 Findings for Approval
Prior to approving an application for a Vacation Home Rental Permitlicense, the Director shall find that all of the following are true:

A. That the site upon which the vacation home rental use is to be established is adequate in size and shape to accommodate said use.

B. That the residential character of the neighborhood in which the use is located will be maintained and preserved and that the issuance of the permitlicense will not be detrimental to the public health, safety and welfare of the residents in the neighborhood or injurious to the community within the vicinity and the district in which the use is located.

19.41.045 Notice
Prior to approval of a Vacation Home Rental Permitlicense, the Director shall notify all owners of property within 300 feet of the site by first-class mail that a permitlicense application has been received and is pending approval. The notice shall be mailed at least 10 days prior to making a final determination on the application. The notice shall provide a brief description of the use requested by the applicant, shall indicate the date the permitlicense will be issued, and shall indicate where information regarding the application may be obtained.

19.41.050 Denial of PermitLicense
No application for a permitlicense, or a subsequent renewal, shall be denied if it meets the conditions of permitlicense issuance pursuant to this Chapter. No permitlicense or renewal of a permitlicense may be issued to the same owner if a permitlicense for the vacation home rental location has been revoked within one year of the application date, or is in the process of being revoked pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

19.41.045 (Notice). If no appeal is filed in a timely fashion, the decision of the Director shall be final.

19.41.060 PermitLicense Renewal
The owner(s) shall renew a Vacation Home Rental Permitlicense annually prior to the permitlicense issuance anniversary date, and shall include in the renewal application any changes to the information requirements set forth in Section 19.41.035 (Application), a renewal fee, and current proof of general liability insurance pursuant to Subsection 19.41.035.D.

Page 396 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-5 Vacation Home Rental Every three years a safety and compliance inspection of the house shall occur before the anniversary date of renewal.

19.41.065 PermitLicense Issuance
PermitLicenses issued pursuant to this Chapter are subject to the following standard conditions:

A. Prior to issuance of the Vacation Home Rental Permitlicense, the owner(s) shall request, and pay the applicable fee for, an inspection from the City’s Building & Safety Division to confirm that the required fire and safety protection measures are in place and functioning, including but not limited to smoke detector(s), carbon monoxide detector(s), and fire extinguisher(s).

B. Prior to issuance of the initial Vacation Home Rental Permitlicense for a property, the owner/agent shall provide certification dated within one year of application for the permitlicense, from a statelicensed and certified septic inspector or inspection service that each septic system located upon the site of the vacation home rental is functioning properly and conforms to all applicable city, county and state health and safety regulations and requirements.

E. The vacation home rental must have a visible house number easily seen from the street, day or night.

F. All advertising for the short-term rental shall include the City-issued permitlicense number.

G. A minimum stay of two consecutive nights shall be required.

H. The maximum overnight occupancy of the vacation home rental shall be limited to two persons per bedroom, plus two additional persons, excluding persons 5 years of age or younger.

Page 397 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-6 Vacation Home Rental J. Prior to commencement of the use, the owner shall register the property with the City Finance Department for transient occupancy tax reporting and payment.

K. Each vacation home rental use shall register with the City Finance Department and pay the applicable fee to obtain a business license.

L. The Director shall have the authority to establish additional standard conditions, as necessary to achieve the objectives of this Chapter.

M. The Planning Commission shall have the authority to impose additional conditions on any permitlicense in the event of any violation of the conditions to the permitlicense or the provisions of this Chapter subject to compliance with the procedures specified in Section 19.41.080 (Noncompliance).

N. The owner or agent shall sign an acknowledgement of the requirements for operation of the vacation home rental as set forth in this Chapter.

P. Each permitted Vacation Home Rental shall include a Noise Mitigation Plan which shall be kept on file with the City of Twentynine Palms.

A. Structural and Design Features.

2. Alterations or modifications made to any structure(s) and to the site used for a vacation home rental use shall be compatible with the character of a single-family residence and the surrounding

Page 398 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-7 Vacation Home Rental residential neighborhood. Alterations and modifications shall also comply with all applicable provisions, requirements and standards of the City’s Municipal Code. Vacation Home Rental Permitlicenses will not be issued to structures that have been previously altered or modified without obtaining a building permit for the alteration or modification.

19.78 (Lighting Standards).

4. The home used for a vacation home rental shall not be modified to allow or contain more than one kitchen/cooking facility.

5. The owner/agent shall ensure that the occupants of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners are expected to take measures necessary to abate disturbances, including, but not limited to, directing the tenantguest, calling for law enforcement services or City code enforcement officers, evicting the tenantguest, or any other action necessary to immediately abate the disturbance.

6. The owner/agent, upon notification that occupants or tenantguests of the rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the Municipal Code or state law, shall take immediate action within one hour of notification to prevent a recurrence of such conduct by the occupants and/or guests.

B. Contact Information. The owner shall maintain a valid 24-hour contact telephone number for the owner/agent of a vacation home rental. Failure to maintain a valid 24-hour contact telephone number(s) for the owner and/or responsible individual of a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved permitlicense pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

C. Records, Business License, Transient Occupancy Tax and Performance Deposit.

2. A valid Business License shall be maintained for each vacation home rental.

3. Each vacation home rental use shall report and remit to the City Finance Department all transient occupancy tax due and required by Chapter 3.24 of the Municipal Code.

D. Rental Agreement.

Page 399 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-8 Vacation Home Rental

1. A rental agreement shall be required for each rental of an approved vacation home rental unit prior to occupancy.

2. Prior to occupancy, the owner shall obtain the name, address and driver’s license number or a copy of the passport of the primary responsible adult occupant of the vacation home rental.

3. The rental agreement shall disclose that riding off-road vehicles is restricted to approved OHV areas only. The rental agreement shall also inform the tenantguest that they are subject to the local Noise Control Ordinance.

5. Each lease or rental agreement shall include the following notifications and disclosures, which shall also be posted in a conspicuous location inside the vacation home rental:
a. The maximum number of occupants that are permitlicensedted and notification that failure to conform to the maximum occupancy is a violation of this Chapter. b. The number of parking spaces provided, and the location of assigned parking and the maximum number of vehicles that are permitted.
c. The trash pickup day(s) and applicable regulations pertaining to leaving or storing trash on the exterior of the property.
d. Notification that the occupant may be subject to citation and fines for violating applicable ordinances and laws.
e. The name of the managing agency, agent, rental manager, local contact person or owner of the unit, a telephone number at which that party may be reached at all times, and 911 emergency information.

E. Parking, Access and Driveways.

1. The maximum number of vehicles parking overnight allowed at the vacation home rental shall be limited to one vehicle per one bedroom unit in the rental, but in no case shall in no case the number of vehicles exceed the number of available on-site parking spaces.

Page 400 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-9 Vacation Home Rental

F. Animals. Occupants are prohibited from allowing animals under their control to roam freely outside of the vacation rental home at any time. Animals may not be restrained and left unattended outside at any time. All animals under the occupant’s control shall be restrained and cared for in a manner consistent with all City and County animal control standards.

G.F. Property Maintenance.

1. The owner/agent shall keep or cause to be kept the vacation home rental property including landscaping in a neat, clean and orderly manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property to its required neat and clean manner, pursuant to the requirements of Chapter 19.146 (Nuisance Abatement). A failure to return the property to a neat, clean, and orderly manner within 30 days of a notice to do so shall be grounds for revocation of the Vacation Home Rental Permitlicense pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

2. In accepting the right to operate a vacation home rental as approved under a Vacation Home Rental Permitlicense, if the property owner fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner declares and provides an express permission and consent to the City, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean and orderly manner as prescribed in Chapter 19.146 (Nuisance Abatement).

4. All pools and/or spas on-site shall be maintained in a neat, clean and healthy manner at all times.

Each and every pool and/or spa shall conform to the requirements of the City’s Building & Safety Codes and all applicable codes of the San Bernardino County and the state of California.

H. Miscellaneous Conditions.

1. No signage of any type or nature shall be placed upon the site to identify the property as a vacation home rental or to solicit rental of such residence, except as set forth in Section 19.41.065 (Permit Issuance).

2. Any advertisement in any media format shall not identify the street address of the vacation home rental.

19.41.080 Noncompliance

Page 401 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-10 Vacation Home Rental The approval authority may revoke or void any permitlicense for a vacation home rental use for noncompliance with the conditions and standards set forth in this Chapter and pursuant to the procedures established in Section 19.28.160 (Revocation or Modification).

A. Violations. The following conduct shall constitute a violation for which the penalties specified in Subsection 19.41.080.B (Penalties) may be imposed, or the permitlicense revoked:

1. The owner/agent has failed to comply with the standard and/or operational conditions specified in Sections 19.41.065 (PermitLicense Issuance) and 19.41.070 (Operating Standards).

2. The owner/agent has failed to comply with conditions imposed by the Director pursuant to the provisions of Section 19.41.065 (PermitLicense Issuance).

3. The owner/agent has failed to comply and pay any fines imposed pursuant to Section 19.41.080 (Noncompliance) within 30 days of the date of notification.

4. The owner/agent has failed to comply and pay the transient occupancy tax or submit a report as required by Chapter 3.24 of the Municipal Code within the required time limit.

B. Penalties. The penalties for violations specified in Subsection 19.41.080.A shall be the responsibility of the owner per event (day) as follows. An event (day) may include more than one violation but shall only count as one step towards a revocation:

2. Procedural and Minor Nuisance Violations:
a. Nuisance Violations shall be cited and fined per Chapter 19.144 - Administrative Citations of the Development Code. Chapter 6.

3. Disturbance and Safety Violations. If the owner/agent has not abated the disturbance or safety violation within one hour per Section 19.41.070. A. 6 above the penalties shall be as follows:. a. For the first violation within any 12-month period, the penalty shall be $500.00. b. For a second violation within any 12-month period, the penalty shall be $1,000.

5.c. For a third violation within any 12-month period, the penalty shall range be $2,000.

Page 402 of 446 ends

City of Twentynine Palms Development CodeArticle 3, Administration, PermitLicenses and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-11 Vacation Home Rental C. In lieu of the revocation or fines as set forth above, the Planning Commission Community Development Director, at his/herits sole discretion, and based upon the severity of the violations may suspend the Vacation Home Rental license and the associated right to use a property as a vacation home rental for a specified period, not to exceed 12 months. The Owner can appeal this decision proven at an advertised revocation hearing in conformance to Section 19.28.160 (Revocation or Modification)., may suspend the Vacation Home Rental Permit and the associated right to use a property as a vacation home rental for a specified period, not to exceed 12 months.

Page 403 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 1 Draft Amended Vacation Home Rental Ordinance
City of Twentynine Palms
January 24, 2022
Words eliminated by Committee on 12/10/2021= Words eliminated (orange type with cross-out) Words added by Committee on 12/10/2021 = Words added (green type) Words added by Committee on 1/21/2022 = Words added (brown type) • Chapter 19.41 - Vacation Home Rental
• 19.41.010 - Purpose
A. The purpose of this Chapter is to establish the regulations governing the use of a residential dwelling unit as a vacation home rental, as defined herein. The owner of a vacation home rental shall apply for and secure a permit authorizing such use in the manner provided for by this Chapter in order to safeguard the peace, safety and general welfare of the residents of Twentynine Palms by eliminating excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and the accumulation of refuse related to vacation home rentals.

B. Prior to the adoption of the provisions contained in this Chapter, there were no provisions in the City's Development Code or the County's applicable Land Use Regulations that identified or allowed the establishment of a "vacation home rental" as a legally permitted land use. Accordingly, nothing in this Chapter shall be construed to identify or allow an existing use to be classified or considered a legal nonconforming vacation home rental land use subject to the provisions and allowances of Chapter

19.142 (Nonconforming Buildings and Uses).
• 19.41.015 - Definitions
For the purpose of this Chapter, the following definitions shall apply:

A. Agent. The representative, if any, designated by the owner in accordance with Section

19.41.030 (Owner's Agent).

B. Occupant. Any person who occupies or is entitled to occupy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a vacation home rental is a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this Chapter may be considered.

C. Owner. The person(s) or entity(ies) that hold(s) legal and/or equitable title to the residence for which the vacation home rental permit is sought.

D. Vacation Home Rental. A permitted short-term rental of any detached single-family dwelling or any portion of any detached single-family dwelling for occupancy, dwelling, lodging or sleeping purposes for a minimum of two consecutive nights, but no more than 30 consecutive calendar days in duration. "Shortterm rental" is included in the definition of "hotel" for purposes of collecting transient occupancy tax

Page 404 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 2 pursuant to Chapter 3.24 of the Municipal Code. A vacation home rental shall be considered a short-term rental for purposes of Chapter 3.24 of the Municipal Code. • 19.41.020 - Permit Required
No owner of a vacation home rental shall rent, offer to rent, or advertise for rent the vacation home rental to another person without a valid vacation home rental permit approved and issued in the manner provided for by this Chapter.

A. Vacation home rental use shall be limited to only those dwelling units that are physically separate, "stand-alone" single-family residential units, not attached to or sharing a common wall, with any other residential unit being considered for the vacation home rental.

19.42 (Conditional Use Permit), the Planning Commission may approve the use of attached residential units that the Planning Commission determines warrant consideration based upon their historic character or community value.
• 19.41.025 - Application Fee
An application for a Vacation Home Rental Permit shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. • 19.41.030 - Owner's Agent
An owner may retain an agent or a representative to comply with the requirements of this Chapter, including, without limitation, the filing of an application for a permit that has been signed and notarized by the owner, the management of the vacation home rental, and compliance with the conditions to the permit. The permit shall be issued only to the owner of the vacation home rental. The owner is responsible for compliance with the provisions of this Chapter and the failure of an agent to comply with this Chapter shall be deemed noncompliance by the owner. • 19.41.035 - Application
The owner or owner's agent shall submit an application for a Vacation Home Rental Permit to the Community Development Director (Director). The application for a Vacation Home Rental Permit shall be upon forms provided by the City and shall contain at a minimum the following information:

A. The name, address and telephone number of the owner of the vacation home rental for which the permit is to be issued.

B. The name, address and telephone number of the agent, if any, for the vacation home rental.

C. Evidence of a valid transient occupancy tax registration certificate and business license issued by the City for the vacation home rental.

Page 405 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 3 D. Proof of general liability insurance in the amount of $1 million combined single limit and an executed agreement to indemnify, defend and hold the City harmless from any and all claims and liabilities of any kind whatsoever resulting from or arising out of the vacation home rental use.

E. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a vacation home rental in the City.

F. Such other information as the Director may deem reasonably necessary to administer this Chapter. • 19.41.040 - Findings for Approval
Prior to approving an application for a Vacation Home Rental Permit, the Director shall find that all of the following are true:

A. That the site upon which the vacation home rental use is to be established is adequate in size and shape to accommodate said use.

B. That the residential character of the neighborhood in which the use is located will be maintained and preserved and that the issuance of the permit will not be detrimental to the public health, safety and welfare of the residents in the neighborhood or injurious to the community within the vicinity and the district in which the use is located.
• 19.41.045 - Notice
Prior to approval of a Vacation Home Rental Permit, the Director shall notify all owners of property within 300 feet of the site by first-class mail that a permit application has been received and is pending approval. The notice shall be mailed at least 10 days prior to making a final determination on the application. The notice shall provide a brief description of the use requested by the applicant, shall indicate the date the permit will be issued, and shall indicate where information regarding the application may be obtained.
• 19.41.050 - Denial of Permit
No application for a permit, or a subsequent renewal, shall be denied if it meets the conditions of permit issuance pursuant to this Chapter. No permit or renewal of a permit may be issued to the same owner if a permit for the vacation home rental location has been revoked within one year of the application date, or is in the process of being revoked pursuant to Section 19.41.080 (Noncompliance) of this Chapter. • 19.41.055 - Appeal
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section

19.28.120 (Appeals), except that the appeal shall be filed within 10 days of the date of notice, as required in Section 19.41.045 (Notice). If no appeal is filed in a timely fashion, the decision of the Director shall be final.
• 19.41.060 - Permit Renewal

Page 406 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 4 The owner(s) shall renew a Vacation Home Rental Permit annually prior to the permit issuance anniversary date, and shall include in the renewal application any changes to the information requirements set forth in Section 19.41.035 (Application), a renewal fee, and current proof of general liability insurance pursuant to Subsection 19.41.035.D. • 19.41.065 - Permit Issuance
Permits issued pursuant to this Chapter are subject to the following standard conditions:

A. Prior to issuance of the Vacation Home Rental Permit, the owner(s) shall request, and pay the applicable fee for, an inspection from the City's Building & Safety Division to confirm that the required fire and safety protection measures are in place and functioning, including but not limited to smoke detector(s), carbon monoxide detector(s), and fire extinguisher(s).

B. Prior to issuance of the initial Vacation Home Rental Permit for a property, the owner/agent shall provide certification dated within one year of application for the permit, from a state-licensed and certified septic inspector or inspection service that each septic system located upon the site of the vacation home rental is functioning properly and conforms to all applicable city, county and state health and safety regulations and requirements.

D. The vacation home rental must have a minimum of two off-street, on-site parking spaces. When the unit consists of more than four bedrooms, each additional bedroom or sleeping area beyond the first four shall be provided with one dedicated parking stall measuring 19 feet in length and 9 feet in width. No portion of any such required parking stall shall be located within either a required front or street side yard setback area. All required parking spaces shall comply with the location and design standards established by the provisions of Chapter 19.82 (Off-Street Parking and Loading).

D. The maximum number of vehicles parking overnight allowed at the vacation home rental shall be limited to one vehicle per one bedroom unit in the rental, but in no case shall the number of vehicles exceed the number of available on-site parking spaces. [repeated from 19.41.070 – E.1. Operation Standards.]
E. The vacation home rental must have a visible house number easily seen from the street, day or night.

F. All advertising for the short-term rental shall include the City-issued permit number.

G. A minimum stay of two consecutive nights shall be required.

H. The maximum overnight occupancy of the vacation home rental shall be limited to two persons per bedroom, plus two additional persons, excluding persons 5 years of age or younger.

Page 407 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 5 J. Prior to commencement of the use, the owner shall register the property with the City Finance Department for transient occupancy tax reporting and payment.

K. Each vacation home rental use shall register with the City Finance Department and pay the applicable fee to obtain a business license.

L. The Director shall have the authority to establish additional standard conditions, as necessary to achieve the objectives of this Chapter.

M. The Planning Commission shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions to the permit or the provisions of this Chapter subject to compliance with the procedures specified in Section 19.41.080 (Noncompliance).

N. The owner or agent shall sign an acknowledgement of the requirements for operation of the vacation home rental as set forth in this Chapter.

O. The City shall respond to operating VHRs without a permit by issuing the owner a warning for the first violation, followed by a $2,500 fine for the second violation, then a $5,000 fine for the third violation, followed by a $5,000 fine per day if not abated.

P. Vacation Home Rental Ownership shall not exceed a specific number. The maximum number of VHRs permitted within the City of Twentynine Palms shall be determined by the Planning Commission.

Q. The total number of Vacation Home Rentals within the community will be limited to a number which shall not exceed a percentage of all single-family homes within the City of Twentynine Palms. The total number of Vacation Home Rentals permitted within the City of Twentynine Palms will result from the Planning Commission determining the maximum percentage of VHRs permissible as a percent of all single family homes within the City.

R. A Vacation Home Rental Unit that is inactive for twelve (12) months or longer shall be withdrawn from the City’s list of permitted VHRs and not counted towards the cap. • 19.41.070 - Operating Standards
Vacation home rentals shall comply with the following operating standards. A failure to comply and/or conform to the following standards shall constitute a violation of the City's Municipal Code, and shall be grounds to revoke an approved Vacation Home Rental Permit.

A. Structural and Design Features.

2. Alterations or modifications made to any structure(s) and to the site used for a vacation home rental use shall be compatible with the character of a single-family residence and the surrounding residential neighborhood. Alterations and modifications shall also comply with all applicable provisions, requirements and standards of the City's Municipal Code. Vacation Home Rental Permits will not be issued to structures that have been previously altered or modified without obtaining a building permit for the alteration or modification.

Page 408 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 6

19.78 (Lighting Standards)., as well as adherence to the provisions of the Night Sky Ordinance.

4. The home used for a vacation home rental shall not be modified to allow or contain more than one kitchen/cooking facility.

5. The owner/agent shall ensure that the occupants of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners are expected to take measures necessary to abate disturbances, including, but not limited to, directing the tenant, calling for law enforcement services or City code enforcement officers, evicting the tenant, or any other action necessary to immediately abate the disturbance. Each permitted VHR shall include a Noise Mitigation Plan which shall be kept on file with the City of Twentynine Palms.

6. The owner/agent, upon notification that occupants or tenants guests of the rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the Municipal Code or state law, shall take immediate action within one hour of notification to prevent a recurrence of such conduct by the occupants and/or guests.

B. Contact Information. The owner shall maintain a valid 24-hour contact telephone number for the owner/agent of a vacation home rental. Failure to maintain a valid 24-hour contact telephone number(s) for the owner and/or responsible individual of a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved permit pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

C. Records, Business License, Transient Occupancy Tax and Performance Deposit.

2. A valid Business License shall be maintained for each vacation home rental.

3. Each vacation home rental use shall report and remit to the City Finance Department all transient occupancy tax due and required by Chapter 3.24 of the Municipal Code.

D. Rental Agreement.

1. A rental agreement shall be required for each rental of an approved vacation home rental unit prior to occupancy.

2. Prior to occupancy, the owner shall obtain the name, address and driver's license number or a copy of the passport of the primary responsible adult occupant of the vacation home rental.

3. The rental agreement shall disclose that riding off-road vehicles is restricted to approved OHV areas only. The rental agreement shall also inform the tenant that they are subject to the local Noise Control Ordinance.

Page 409 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 7

4. The rental agreement shall disclose that all animals under the renter's control shall be cared for in a manner consistent to Subsection 19.41.070.F (Animals), and in conformance with all City and County animal standards.

5. Each lease or rental agreement shall include the following notifications and disclosures, which shall also be posted in a conspicuous location inside the vacation home rental:
a. The maximum number of occupants that are permitted and notification that failure to conform to the maximum occupancy is a violation of this Chapter.
b. The number of parking spaces provided, and the location of assigned parking and the maximum number of vehicles that are permitted.
c. The trash pickup day(s) and applicable regulations pertaining to leaving or storing trash on the exterior of the property.
d. Notification that the occupant may be subject to citation and fines for violating applicable ordinances and laws.
e. The name of the managing agency, agent, rental manager, local contact person or owner of the unit, a telephone number at which that party may be reached at all times, and 911 emergency information.

E. Parking, Access and Driveways.

1. The maximum number of vehicles parking overnight allowed at the vacation home rental shall be limited to one vehicle per one bedroom unit in the rental, but in no case shall the number of vehicles exceed the number of available on-site parking spaces.

F. Animals. Occupants are prohibited from allowing animals under their control to roam freely outside of the vacation rental home at any time. Animals may not be restrained and left unattended outside at any time. All animals under the occupant's control shall be restrained and cared for in a manner consistent with all City and County animal control standards.

G. Property Maintenance.

1. The owner/agent shall keep or cause to be kept the vacation home rental property including landscaping in a neat, clean and orderly manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property to its required neat and clean manner, pursuant to the requirements of Chapter 19.146 (Nuisance Abatement). A failure to return the property to a neat, clean, and orderly manner within 30 days of a notice to do so shall be grounds for revocation of the Vacation Home Rental Permit pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

Page 410 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 8

2. In accepting the right to operate a vacation home rental as approved under a Vacation Home Rental Permit, if the property owner fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner declares and provides an express permission and consent to the City, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean and orderly manner as prescribed in Chapter 19.146 (Nuisance Abatement).

4. All pools and/or spas on-site shall be maintained in a neat, clean and healthy manner at all times. Each and every pool and/or spa shall conform to the requirements of the City's Building & Safety Codes and all applicable codes of the San Bernardino County and the state of California.

5. Prior to receiving a permit allowing a Short Term Vacation Home Rental each Owner and/or Agent shall provide evidence that they have completed certified (live or virtual) classes with instructions on how to be a responsible Vacation Home Rental Host.

H. Miscellaneous Conditions.

2. Any advertisement in any media format shall not identify the street address of the vacation home rental.
• 19.41.080 - Noncompliance
The approval authority may revoke or void any permit for a vacation home rental use for noncompliance with the conditions and standards set forth in this Chapter and pursuant to the procedures established in Section 19.28.160 (Revocation or Modification).

A. Violations. The following conduct shall constitute a violation for which the penalties specified in Subsection 19.41.080.B (Penalties) may be imposed, or the permit revoked:

1. The owner/agent has failed to comply with the standard and/or operational conditions specified in Sections 19.41.065 (Permit Issuance) and 19.41.070 (Operating Standards).

2. The owner/agent has failed to comply with conditions imposed by the Director pursuant to the provisions of Section 19.41.065 (Permit Issuance).

3. The owner/agent has failed to comply and pay any fines imposed pursuant to Section

19.41.080 (Noncompliance) within 30 days of the date of notification.

4. The owner/agent has failed to comply and pay the transient occupancy tax or submit a report as required by Chapter 3.24 of the Municipal Code within the required time limit.

B. Penalties. The penalties for violations specified in Subsection 19.41.080.A shall be the responsibility of the owner per event (each event may include more than 1 violation but shall only count as one step toward a revocation) as follows:

Page 411 of 446 ends

City of Twentynine Palms VHR Committee –Draft Amended Vacation Home Rental Ordinance - 1/24/2022 - page 9

1. For the first violation within any 12-month period, the penalty shall be $500.00. range from a notice of violation to a fine not to exceed $250.00.

2. For a second violation within any 12-month period, the penalty shall be $1,000.00. range from a notice of violation to a fine not to exceed $500.00.

3. For a third violation within any 12-month period, the penalty shall be $2,000.00 range from a notice of violation to a fine not to exceed $1,000.00 to and /or revocation of the permit with the provisions of Section 19.28.160 (Revocation or Modification).

Violations will be categorized as follows:

Priority Violations (violations that will require an immediate higher fine.) Procedural Violations: This would be a violation of the City’s rules regarding the application process along with signage placement. These types of violations would be renting the VHR without first being issued a license, advertising a VHR on any short term rental platform prior to license issuance. This type of violation does not typically disturb the public at large but goes against the City’s policies.

Disturbance Violation: These would be unattended trash or trash cans, verified noise violations, disorderly behavior, amplified music, loud parties, etc.

Safety Violations: Any violation that endangers the occupants of the VHR or the surrounding area and residents. Examples would be overcrowding a VHR. Parking in a manner that constricts a roadway, untended fires, fireworks or any other activity that could potentially negatively impact the safety and well being of tenants or members of the community.

Disturbance and Safety Violations are punitive, include operating without a permit. These violations count toward “three strikes and you are out” or toward cancelling a permit in the event of a third violation.

C. In lieu of revocation or fines as set forth above, the Planning Commission Community Development Director, at its his/her sole discretion, and based upon the severity of the violations proven at an advertised revocation hearing in conformance to Section 19.28.160 (Revocation or Modification), may suspend the Vacation Home Rental Permit and the associated right to use a property as a vacation home rental for a specified period, not to exceed 12 months.

Page 412 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-1 Vacation Home Rental Chapter 19.41 Vacation Home Rental
Sections

19.41.010 Purpose ...............................................................................................................19.41-1

19.41.015 Definitions..........................................................................................................19.41-1

19.41.020 Permit Required..................................................................................................19.41-2

19.41.025 Application Fee ..................................................................................................19.41-2

19.41.030 Owner’s Agent ...................................................................................................19.41-2

19.41.035 Application.........................................................................................................19.41-3

19.41.040 Findings for Approval ........................................................................................19.41-3

19.41.045 Notice .................................................................................................................19.41-3

19.41.050 Denial of Permit .................................................................................................19.41-4

19.41.055 Appeal ................................................................................................................19.41-4

19.41.060 Permit Renewal ..................................................................................................19.41-4

19.41.065 Permit Issuance ..................................................................................................19.41-4

19.41.070 Operating Standards...........................................................................................19.41-5

19.41.080 Noncompliance...................................................................................................19.41-9

19.41.010 Purpose
A. The purpose of this Chapter is to establish the regulations governing the use of a residential dwelling unit as a vacation home rental, as defined herein. The owner of a vacation home rental shall apply for and secure a permit authorizing such use in the manner provided for by this Chapter in order to safeguard the peace, safety and general welfare of the residents of Twentynine Palms by eliminating excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and the accumulation of refuse related to vacation home rentals.

B. Prior to the adoption of the provisions contained in this Chapter, there were no provisions in the City’s Development Code or the County’s applicable Land Use Regulations that identified or allowed the establishment of a “vacation home rental” as a legally permitted land use. Accordingly, nothing in this Chapter shall be construed to identify or allow an existing use to be classified or considered a legal nonconforming vacation home rental land use subject to the provisions and allowances of Chapter 19.142 (Nonconforming Buildings and Uses).

19.41.015 Definitions
For the purpose of this Chapter, the following definitions shall apply:

A. Agent. The representative, if any, designated by the owner in accordance with Section 19.41.030 (Owner’s Agent).

Page 413 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-2 Vacation Home Rental is a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this Chapter may be considered.

C. Owner. The person(s) or entity(ies) that hold(s) legal and/or equitable title to the residence for which the vacation home rental permit is sought.

D. Vacation Home Rental. A permitted short-term rental of any detached single-family dwelling or any portion of any detached single-family dwelling for occupancy, dwelling, lodging or sleeping purposes for a minimum of two consecutive nights, but no more than 30 consecutive calendar days in duration. “Short-term rental” is included in the definition of “hotel” for purposes of collecting transient occupancy tax pursuant to Chapter 3.24 of the Municipal Code. A vacation home rental shall be considered a short-term rental for purposes of Chapter 3.24 of the Municipal Code.

19.41.020 Permit Required
No owner of a vacation home rental shall rent, offer to rent, or advertise for rent the vacation home rental to another person without a valid vacation home rental permit approved and issued in the manner provided for by this Chapter.

A. Vacation home rental use shall be limited to only those dwelling units that are physically separate, “stand-alone” single-family residential units, not attached to or sharing a common wall, with any other residential unit being considered for the vacation home rental.

B. A vacation home rental use may be established on any parcel within any land use/zoning district when such property is occupied by one or more physically separated structures built as individual single-family residential homes. Subject to the requirements and standards established in this Chapter, and approval of a Conditional Use Permit in compliance with the procedures and findings established in Chapter 19.42 (Conditional Use Permit), the Planning Commission may approve the use of attached residential units that the Planning Commission determines warrant consideration based upon their historic character or community value.

19.41.025 Application Fee
An application for a Vacation Home Rental Permit shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter.

Page 414 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-3 Vacation Home Rental responsible for compliance with the provisions of this Chapter and the failure of an agent to comply with this Chapter shall be deemed noncompliance by the owner.

19.41.035 Application
The owner or owner’s agent shall submit an application for a Vacation Home Rental Permit to the Community Development Director (Director). The application for a Vacation Home Rental Permit shall be upon forms provided by the City and shall contain at a minimum the following information:

A. The name, address and telephone number of the owner of the vacation home rental for which the permit is to be issued.

B. The name, address and telephone number of the agent, if any, for the vacation home rental.

C. Evidence of a valid transient occupancy tax registration certificate and business license issued by the City for the vacation home rental.

E. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a vacation home rental in the City.

F. Such other information as the Director may deem reasonably necessary to administer this Chapter.

19.41.040 Findings for Approval
Prior to approving an application for a Vacation Home Rental Permit, the Director shall find that all of the following are true:

A. That the site upon which the vacation home rental use is to be established is adequate in size and shape to accommodate said use.

19.41.045 Notice
Prior to approval of a Vacation Home Rental Permit, the Director shall notify all owners of property within 300 feet of the site by first-class mail that a permit application has been received and is pending approval. The notice shall be mailed at least 10 days prior to making a final determination on the application. The notice shall provide a brief description of the use requested by the applicant, shall indicate the date the permit will be issued, and shall indicate where information regarding the application may be obtained.

Page 415 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-4 Vacation Home Rental

19.41.050 Denial of Permit
No application for a permit, or a subsequent renewal, shall be denied if it meets the conditions of permit issuance pursuant to this Chapter. No permit or renewal of a permit may be issued to the same owner if a permit for the vacation home rental location has been revoked within one year of the application date, or is in the process of being revoked pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

19.41.045 (Notice). If no appeal is filed in a timely fashion, the decision of the Director shall be final.

19.41.060 Permit Renewal
The owner(s) shall renew a Vacation Home Rental Permit annually prior to the permit issuance anniversary date, and shall include in the renewal application any changes to the information requirements set forth in Section 19.41.035 (Application), a renewal fee, and current proof of general liability insurance pursuant to Subsection 19.41.035.D.

19.41.065 Permit Issuance
Permits issued pursuant to this Chapter are subject to the following standard conditions:

A. Prior to issuance of the Vacation Home Rental Permit, the owner(s) shall request, and pay the applicable fee for, an inspection from the City’s Building & Safety Division to confirm that the required fire and safety protection measures are in place and functioning, including but not limited to smoke detector(s), carbon monoxide detector(s), and fire extinguisher(s).

Page 416 of 446 ends

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.41-5 Vacation Home Rental street side yard setback area. All required parking spaces shall comply with the location and design standards established by the provisions of Chapter 19.82 (Off-Street Parking and Loading).