Agenda — Twentynine Palms City Council, August 22, 2023 (part 3 of 4)

Blueprinting services
Exterminating service
Equipment sales and rental
General office uses:

Administrative professional,
medical, real estate, property
management, etc.

SPR
SPR
AUP
SPR
SPRP
SPRP
AUPP
SPRP
-
-
-
SPR
-
-
AUP
SPR
Photocopying/duplicating services
Photography studio
SPRP
SPRP
SPRP
SPRP
-
SPRP
SPRP
SPRp
Financial services:

Banks, credit unions, etc.

Check cashing/payday advance
Mortgage/lending
Other financial services
AUP
-
AUP
AUP
AUP
CUP
AUP
AUP
AUP
-
AUP
AUP
AUP
-
AUP
AUP
Live/ Work Development - - AUP AUP
Mixed Use Development - AUP - -
Personal services:

Barber, beauty, nail salon
Cemeteries and mausoleums
Dry cleaner
Funeral parlor, mortuary
Laundry - commercial
Laundry - self-serve
Massage Establishments
Medical marijuana
dispensaries/facilities
Pet grooming - commercial
Public/self-storage
Tailor
Tattoo/body piercing
Taxidermy
SPR
-
-
-
-
-
-
-
-
-
SPR
-
-
SPR
-
AUP
CUP
CUP
AUP
CUP
-
SPR
CUP
SPR
AUP
AUP
SPR
-
AUP
-
-
AUP
-
-
AUP
-
SPR
-
-
SPR
-
AUP
-
-
AUP
-
-
AUP
-
SPR
-
-
Recycling collection facilities: 4
Small - to 500 sq. ft. in area
Large - 500+ sq. ft. in area
-
-
AUP
-
AUP
-
AUP
-
See Chapter 19.132
(Recycling Facilities)
Repair services:

Computer, home electronics and
small home appliances
Electrical equipment, industrial
Furniture refinishing
Furniture re-upholstery
Home appliances
Jewelry/watches/clocks
Lawnmower/garden equipment
Locksmith/key shop
Shoe repair
AUP
-
-
-
-
SPR
CUP
SPR
SPR
AUP
-
AUP
AUP
AUP
SPR
AUP
SPR
SPR
-
-
-
-
-
SPR
AUP
SPR
SPR
AUP
-
-
-
-
SPR
-
-
-

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AGRICULTURAL AND RELATED USES
Plant nurseries - cultivation of plants,
indoors or outdoors
P
5 CUP CUP -

INSTITUTIONAL USES
Animal hospital:

Small animals
Large animals
-
-
AUP
-
ACUP
-
AUP
-
Churches, synagogues, temples and
other religious facilities

CUP CUP CUP CUP
Residential or community care
facilities serving 6 or fewer persons
P- P
CUP
P
AUP
PResidential or community care
facilities serving 7 or more persons
- CUP AUP - See Chapter 19.114
(Community Care Facilities)
Congregate care facilities serving 6 or
fewer persons
P- P
CUP
P
AUP
P -
Congregate care facilities serving 7 or
more persons
- CUP AUP - See Chapter 19.114
(Community Care Facilities)
Supportive housing/transitional
housing

P P - -
Community center CUP CUP CUP CUP
Convalescent hospital/care facility CUP CUP CUP -
Low Barrier Navigation Center P P - -
Governmental facilities P P AUP P
Public safety uses and facilities PCUP PCUP PCUP PCUP
Hospitals - CUP - -
Studios chools such as music
conservatories, dancing schools, and
other schools that offer training in
nonindustrial professions

AUP AUP AUP AUP
Schools, public CUP CUP CUP CUP
Schools, private CUP CUP CUP CUP

RESIDENTIAL USES AND CARE FACILITIES
Caretaker's residence AUP AUP AUP AUP
Multiple-family dwellings P P - -
Single-family residences P P AUP AUP
Single-room occupancy facilities CUP CUP CUP CUP Chapter 19.136 (Single-room Occupancy Facilities)
Mobile home parks - - - CUP See Chapter 19.124 (Mobile
Home and Special Occupancy
Parks)

COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Communication facilities CUP CUP CUP CUP See also Chapter 19.140 (Telecommunications
Facilities)

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Taxi Dispatch Service6 - AUP - AUP
Taxi Stands7 - AUP - AUP
Transportation facilities CUP CUP CUP CUP
Utility and service uses and
structures
AUP
P
AUP
P
AUP
P
AUP
P
OTHER
Marijuana dispensaries, mobile
marijuana dispensaries and
marijuana cultivation
- - - -
Commercial solar fields - - - -
TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards) ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures) - = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1 Incidental to primary tourist use only.
2CUP required if alcohol is served.
3May include outdoor nursery/plant sales up to 25% of building area. For nursery as a primary use, see Agricultural and Related Uses. 4CUP required when not accessory to a primary retail store use. 5CUP required when not accessory to a primary use.
6Up to two taxi cabs may be parked at any one time at the taxi dispatch office, and must be in operable order. Only those companies licensed by the Morongo Basin Transit Authority (MBTA) may operate a Taxi Dispatch Service. The establishment of a Taxi Stand at a Dispatch Service location is allowed, but may not cause a decrease in the established parking lot to cause a deficiency. Accessory structures for shading and shelter may be constructed, but must be requested at the time of the review of the Administrative Use Permit. No maintenance of Taxis are allowed at Taxi Dispatch Service locations.
7Taxi Stands may only be placed within an established off-street parking lot and with the permission of the property owner in an established location. Up to two taxi cabs may be parked at any one time at the taxi stand, and must be in operable order. Only those companies licensed by the Morongo Basin Transit Authority (MBTA) may operate a Taxi Stand. The establishment of such Taxi Stands may not cause a decrease in the established parking lot to cause a deficiency. Accessory structures for shading and shelter may be constructed, but must be requested at the time of the review of the Administrative Use Permit. No maintenance of Taxis are allowed at Taxi Stands. (Ord. No. 281 , 4(Exh. A), 11-14-2017)

19.16.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the commercial land use districts shall be designed, constructed and established in compliance with the development standards in Table

19.16.040-1 (Development Standards).

Table 19.16.040-1
Development Standards
Standard C-O C-G C-N C-T Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum - - - -
Maximum 2
1 81 12 12

LOT SIZE AND DIMENSIONS

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Minimum Lot Size 15,000
sq. ft.
15,000
sq. ft.
10,000
sq. ft.
20,000
sq. ft.

Minimum Lot Width 100 ft. 100 ft. 80 ft. 100 ft.

Minimum Lot Depth 150 ft. 150 ft. 125 ft. 150 ft.

Minimum Width to Depth
Ratio
1:3 1:3 1:3 1:3
MINIMUM SETBACKS (Feet)
Front 15 15 25 25 Chapter 19.68 (General
Development Standards and
Exceptions)
Side 10 10 10 10 Chapter 19.68 (General
Development Standards and
Exceptions)
Street Side 15 15 15 25 Chapter 19.68 (General
Development Standards and
Exceptions)
Rear 10 10 10 10 Chapter 19.68 (General
Development Standards and
Exceptions)
Distance Between Buildings N/A N/A N/A N/A

BUILDING FLOOR AREA RATIO
Maximum2 1.0 0.8 1.0 0.8 0.5

0.75 0.75
LOT COVERAGE - Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 60 60 60 60

FLOOR AREA RATIO
Range 0.0 -

1.0 0.0 -

0.5 0.0 -

0.75 BUILDING HEIGHT (Feet)
Maximum 45 45 35 45 Chapter 19.68 (General
Development Standards and
Exceptions)
UNIT SIZE (Square Feet)
Minimum N/A N/A N/A N/A Residential units must be a
minimum of 400 square feet.

OTHER REGULATIONS
Chapter 19.68 (General Development Standards and Exceptions) Chapter 19.73 (Commercial and Industrial Development Standards and Design Criteria) Chapter 19.78 (Lighting Standards)
Chapter 19.82 (Off-street Parking and Loading)
Chapter 19.88 (Signs)
Chapter 19.90 (Dedications and Improvements)
Chapter 19.92 (Trash Storage Facilities)
Chapter 19.94 (Utilities)

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Chapter 19.96 (Water Efficient Landscape)
City of Twentynine Palms Design Guidelines
1Limited to 2 units/parcel.
2Those portions of the lot left with a pervious surface area as identified upon a "Site Plan" reviewed by the City shall be improved as defined herein with landscaping reflecting a desert theme, including use of drought-resistant plants. Said landscaped area shall consist of at least 10% of the total lot area for parcels of 1 acre or less and 5% of the total lot area for parcels exceeding 1 acre, excluding that portion of the lot contained within the required front setback area.

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Chapter 19.18 Service Commercial (CS) and Community Industrial (IC) Districts Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:41 [EST] (Supp. No. 17, Update 1)

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Chapter 19.18 Service Commercial (CS) and Community Industrial (IC) Districts

19.18.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Service Commercial (CS) and Community Industrial (IC) land use districts, identify allowed uses and establish development standards for the districts. This Chapter includes the districts that accommodate manufacturing uses and which also allow for heavier commercial uses.

19.18.020 Description and Intent of Land Uses
A. Service Commercial (CS). The intent of the Service Commercial District is to allow for heavier commercial uses and light manufacturing uses. The CS land use allows for more intensive commercial uses, such as wholesaling operations, auto and truck repair and service, lumberyards, machine shops, light manufacturing and recycling centers. The areas in this district shall be completely separated or shielded from other incompatible land uses. High-quality design standards are encouraged to mitigate aesthetic impacts.

B. Community Industrial (IC). The intent of the Community Industrial district is to accommodate existing industrial uses and allow for new industrial uses. Commercial uses may also be permitted as a means of enhancing and augmenting industrial development. The IC land use allows industrial and limited commercial uses and serves as the City's only industrial designation. The IC designation allows uses such as mining operations, auto dismantling and contractor's storage yards.

19.18.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the CS and IC land use districts are provided in Table 19.18.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards).

Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.18.030-1
Allowed Land Uses and Permit Requirements
Allowed Use CS IC Notes

INDUSTRIAL USES

CONSTRUCTION
Contract construction service office,
may include equipment and/or
material storage yard

AUPP AUPP
Sandblasting and beadblasting AUP AUP

HAZARDOUS WASTE
Hazardous waste facilities - CUP

LIGHT INDUSTRIAL
Recyclable material salvage yards - CUP See Chapter 19.132 (Recycling Facilities)

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Recycling collection facilities:

Small - to 500 sq. ft. in area
Large - 500+ sq. ft. in area
AUPP
CUP
AUPP
CUPAUP
See Chapter 19.132 (Recycling
Facilities)
Recycling processing facilities - CUP See Chapter 19.132 (Recycling Facilities)
Research and development services
and laboratories

AUP AUPP

MANUFACTURING
Batching plant - CUP
Manufacturing processes involving
raw materials
- CUP
Manufacturing processes involving no
raw materials

AUP AUP
Food processing:

Animal slaughtering
Bakery
Industrial food catering
Meat, dog and cat food processing,
canning, packaging
All other food processing
-
AUPP
AUPP
-
CUP
CUP
AUPP
AUPP
CUP
CUP

MINING AND RELATED ACTIVITIES
Mining or quarrying - CUP
Milling and other processing needed
to render mined materials marketable
- CUP

MOTOR VEHICLE STORAGE
Motor vehicle storage:

Indoor
Outdoor - operable vehicles
Outdoor—inoperable vehicles
CUPP
CUPAUP
CUPAUP
CUPP
CUPP
CUPAUP
See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Parking: commercial lot/garage (50 or
less spaces)

AUP AUPP
Parking: commercial lot/garage (more
than 50 spaces)
AUP P
Truck and trailer rental AUPP AUPP See Chapter 19.104 (Automobile and Vehicle Related Uses)

SERVICE AND REPAIR
Automotive repair - minor (e.g.,
brakes, tires, radiators, electrical)
AUPP AUPP See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Automotive repair - major (e.g.,
engine and transmission
repair/rebuild)
CUPP CUPP See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Boat service and repair CUPP CUPP See Chapter 19.104 (Automobile and Vehicle Related Uses)
Body, paint, and upholstery shops CUPP CUPP See Chapter 19.104 (Automobile and

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Vehicle Related Uses)
Business services:

Exterminating service
Blueprinting services
SPR
SPR
SPR
SPR
Car wash - full-service CUPP CUPP
Car wash - self-service AUPP AUPP
Gas station CUPAUP CUPAUP
General household product service
and Rrepair Services:

Computer, home electronics, and
small home appliances
Furniture refinishing, re-upholstery
Jewelry, watches, clocks
Home appliances - large
Lawnmower and garden equipment
Locksmith/key shop
Shoe repair
AUP
AUP
SPRP
AUPP
AUPP
SPRP
SPRP
AUP
AUP
SPRP
AUPP
AUPP
-
-
Heavy equipment service and repair
(commercial truck, van, etc.)
CUP CUPAUP See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Industrial laundry CUP CUPAUP
Machine shop, machinery repair AUP AUPP
Personal services:

Barber, beauty, nail salon
Cemeteries and mausoleums
Crematory
Dry cleaner
Funeral parlor, mortuary
Laundry - commercial
Laundry - self-serve
Medical marijuana
dispensaries/facilities
Pet grooming - commercial
Public/self-storage
Tailor
Tattoo/body piercing
Taxidermy
SPRP
CUP
CUP
AUPP
AUPP
CUPP
AuPP
-
P
AUP
CUPP
SPRAUP
AUP
AUP
-
-
CUP
-
-
P
-
-
-
AUP
CUP-
-
-

OPEN STORAGE AND YARDS
Automobile/truck dismantling - CUP
Building materials - finished CUPAUP CUPP
Building materials - raw (excluding
concrete batching)
- CUPP
Contractor's equipment storage yard CUPP CUPP
Petroleum and similar flammable
materials (for local distribution)

CUP CUP
Salvage yard - CUP

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Sewer plant (wastewater treatment
facility)
- CUP

WAREHOUSING, STORAGE AND TRANSPORTATION FACILITIES
Bulk postal service CUPP CUPP
Freight forwarding service (truck to
truck)
- CUPAUP
Moving and storage CUPP CUPP
Warehouse/distribution facility CUPP CUPP

COMMERCIAL/OFFICE USES

ALCOHOL
Alcoholic beverage sales, on-site or
off-site
SPRCUP - See Chapter 19.138 (Special Regulated
Uses)

AUTOMOTIVE RELATED SALES AND SERVICES
Automobile rental agency AUP - See Chapter 19.104 (Automobile and Vehicle Related Uses)
Automotive parts and accessories
stores
AUPP - See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Towing service (with tow truck parking
- no auto storage)
AUPP AUPP See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Towing service (with tow truck parking
and auto storage)
CUPAUP CUPAUP See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Motor vehicle sales, new and used CUPAUP CUPP See Chapter 19.104 (Automobile and Vehicle Related Uses)
Trailer and mobile home sales and
rental
CUPAUP - See Chapter 19.104 (Automobile and
Vehicle Related Uses)

EATING/DRINKING PLACES AND FOOD SERVICES
Banquet facilities AUPP -
Bar/cocktail lounge CUP - See Chapter 19.138 (Special Regulated Uses)
Catering establishment AUPP -
Fast food/quick serve:

With drive-through
Without drive-through
CUPAUP
AUPP
-
-
See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Restaurants (sit-down/full-service) AUPP -

ENTERTAINMENT AND RECREATION
Adult-oriented business - AOBP See Chapter 19.100 (Adult-Oriented Businesses)
Amusement park (including simulated
racing, e.g., slick track, dragsters)

CUP CUP
Athletic fields AUP CUP
Auditoriums and other public
assembly facilities

AUP AUP
Commercial Recreation Batting cages:

Indoor AUP AUP

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Outdoor CUPAUP CUPAUP
Billiard parlor/pool hall AUP -
Bowling alley P -
Go-cart track CUP AUP
Golf course CUP CUP
Golf driving range AUP AUP
Health club/gymnasium - indoor P P
Live entertainment CUPAUP -
Miniature golf course AUP -
Movie theater CUPAUP -
Motorized offroad motocross facility
/off-road mini-bike course
- CUPAUP
Non-motorized bicycle motocross
facility

AUP AUP
Recording and sound studios AUPP AUPP
Shooting range - CUP
Skate park AUP CUP
Skating rink (ice/roller) AUP AUP
Stadium/sports arena CUP CUP
Tennis/swim club - outdoor AUP -
Theaters (live performance)
Indoor
Outdoor

CUPAUP -
Video/electronic/computer game
arcade
AUP -

OFFICE USES
Administrative, professional and other
offices

SPRP SPRP
Office uses associated with
manufacturing or other industrial uses

SPRP SPRP
Financial services:

Banks, credit unions, etc.

Check cashing/payday advance
Mortgage/lending
Other financial services
-
-
-
-
-
-
-
-

RETAIL/WHOLESALE SALES
Adult bookstore - AOBP See Chapter 19.100 (Adult-Oriented Businesses)
General Retail AUP -
Antique shop AUP -
Art galleries and art supply store AUP -
Auctions
Indoor
Outdoor
AUP
CUP
AUP
CUP

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Auctions, livestock - CUP
Bakeries:

Retail
Wholesale
SPRP
AUP
-
AUP
Bicycle shop (may include repair) P -
Building materials and hardware
stores (may include indoor
nursery/plant sales):

Within completely enclosed
building1
With outdoor storage1
CUPP
CUPP
CUPP
CUPP
Boat sales CUPP - See Chapter 19.104 (Automobile and
Vehicle Related Uses)
Camera and photographic supply store P -
Farmers market uses CUPAUP CUPAUP See Chapter 19.110 (Farmers Market Uses)
Computer store AUP -
Convenience store with alcoholic
beverage sales
CUP -
Feed store AUPP AUPP
Florist shop P -
Food locker (for individual home
locker rental only; no slaughtering
permitted)

AUPP AUPP
Furniture and home furnishing store P -
General merchandise stores:

Department store
Discount/variety store (new
products at a discounted price)
Warehouse club stores
AUP
AUP
AUP
-
-
-
Guns and ammunition stores CUP -
Hobby, toy and game store - -
Household appliance store AUPP - See Chapter 19.130 (Outdoor Storage) Industrial retail sales
Ancillary to a permitted use
AUP
P
AUP
P
Music and video sales and rental
stores
P -
Office supply, stationery and gift
stores
P -
Pawnbrokers/pawnshops AUPP -
Pet and pet supply stores P -
Secondhand and thrift stores2 P -
Sporting goods store P -
Swap meets:

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Indoor swap meet
Outdoor swap meet
AUPP
CUPAUP
AUPP
CUPAUP
Wholesale stores and distributors
within completely enclosed building

CUPP CUPP

AGRICULTURAL AND RELATED USES
Row, field and tree crops, which do
not require large amounts of water for
commercial purposes3

CUP CUP
Plant nurseries - cultivation of plants,
indoors or outdoors

AUP AUP
Produce stands for products primarily
grown on the same property

SPRAUP SPRAUP

INSTITUTIONAL USES
Animal hospital:

Small animals
Large animals
AUPCUP
CUP
AUPCUP
CUP
Kennel or cattery AUP AUP Chapter 19.102 (Animal Keeping) Churches, synagogues, temples and
other religious facilities

CUP CUP
Residential or community care
facilities serving 6 or fewer persons

P CUP -
Residential or community care
facilities serving 7 or more persons
CUP - See Chapter 19.114 (Community Care
Facilities)
Congregate care facilities serving 6 or
fewer persons

P CUP -
Congregate care facilities serving 7 or
more persons
CUP - See Chapter 19.114 (Community Care
Facilities)
Convalescent hospital/care facility CUP -
Governmental facilities P P
Hospitals CUP CUP
Studios Schools such as music
conservatories, dancing schools, and
other schools that offer training in
nonindustrial professions
AUPP -
Schools, public:

Preschools
K-12, Private
Universities/colleges
Vocational and trade schools
CUP
CUP
CUP
CUP
-
-
CUP
CUP
Schools, private:

Preschools
K-12, Private
Universities/colleges
Vocational and trade schools
CUP
CUP
CUP
CUP
-
-
CUP
CUP

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Public safety uses and facilities P CUP P CUP

RESIDENTIAL USES AND CARE FACILITIES
Caretaker's residence AUPP AUPP
Commercial day care, large (8 or more
children)
CUP CUP See Chapter 19.114 (Community Care
Facilities)
Commercial day care, small (less than
8 children)
AUP CUP See Chapter 19.114 (Community Care
Facilities)
Hotels/Motels /Resorts CUP -
Multiple-family dwellings, as a
component of a mixed-use
development
CUP -
Supportive and transitional housing CUP -
Recreational vehicle parks and
campgrounds, not exceeding a density
of 12 units per acre
CUP CUP See Chapter 19.124 (Mobile Home and
Special Occupancy Parks)

COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Communication facilities CUP CUPP See also Chapter 19.140 (Telecommunication Facilities)
Transportation facilities CUP CUPP
Utility and service uses and structures AU P P
OTHER
Marijuana dispensaries, mobile
marijuana dispensaries and marijuana
cultivation
- -
Commercial solar fields - -
TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards) ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures) - = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
AOBP = Adult Oriented Business Permit
Notes:
1May include outdoor nursery/plant sales up to 25% of building area. For nursery as a primary use, see Agricultural and Related Uses 2No outdoor display is permitted.
3For those uses which do not require large amounts of water, to be determined in consultation with the water district.

19.18.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the CS and IC land use districts shall be designed, constructed and established in compliance with the development standards in Table

19.18.040-1 (Development Standards).

Table 19.18.040-1
Development Standards

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Standard CS IC Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum N/A N/A
Maximum 12 12

LOT SIZE AND DIMENSIONS
Minimum Lot Size 30,000 sq. ft. 1 acre
Minimum Lot Width 150 ft. 200 ft.

Minimum Lot Depth 200 ft. 200 ft.

Minimum Width to Depth
Ratio
1:3— 1:3—
MINIMUM SETBACKS (Feet)
Front 15 25 Chapter 19.68 (General Development
Standards and Exceptions)
Side, First Floor 10 10 Chapter 19.68 (General Development Standards and Exceptions)
Side, Second Story and Above N/A N/A Chapter 19.68 (General Development Standards and Exceptions)
Street Side 15 15 Chapter 19.68 (General Development
Standards and Exceptions)
Rear 10 10 Chapter 19.68 (General Development
Standards and Exceptions)
Rear, Second Story and
Above
N/A N/A Chapter 19.68 (General Development
Standards and Exceptions)
Distance Between Buildings N/A N/A

FLOOR AREA RATIO
Maximum Range .5 0.0 - 0.5 1.0 0.0 - 1.0
LOT COVERAGE - Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 60 70
BUILDING HEIGHT (Feet)
Maximum 45 45 Chapter 19.68 (General Development
Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum N/A N/A

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Chapter 19.96 (Water Efficient Landscape)
City of Twentynine Palms Design Guidelines

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Chapter 19.20 Open Space Residential District (OSR)
Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:41 [EST] (Supp. No. 17, Update 1)

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Chapter 19.20 Open Space Residential District (OSR)

19.20.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Open Space Residential Land Use District, identify allowed uses and establish development standards for the district.

19.20.020 Description and Intent of Land Uses
This district is intended for properties which have limited development and limited development potential. Open Space Residential-designated lands include publicly owned lands, BLM land, mountainous territory with scenic value, or other prominent land forms. The intent of this designation is to allow development of single-family dwellings, with minimal disruption of the land. Public uses are to be focused on the natural qualities of the area, keeping as much open space as reasonably possible. The Open Space Residential Land Use District includes the following categories:

A. OSR, which allows a maximum of 1 dwelling unit per 10 acres.

B. OSR-40, which allows a maximum of 1 dwelling unit per 40 acres.

19.20.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Open Space Residential Land Use District are listed in Table

19.20.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through

19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.20.030-1
Allowed Land Uses and Permit Requirements
Allowed Use OSR OSR-40 Additional Requirements

RESIDENTIAL USES AND CARE FACILITIES
Single-family dwelling P P Chapter 19.69 (Residential
Development Standards and
Design Criteria)
Small family day care (8 or fewer children) P P Chapter 19.114 (Community Care Facilities)
Large family day care (9 to 14 children) AUPP AUPP Chapter 19.114 (Community Care Facilities)
Residential or community care facilities
serving 6 or fewer persons
P P
Congregate care facilities serving 6 or
fewer persons
P P
Supportive and transitional housing P P
Mobile home parks - - Chapter 19.124 (Mobile Home and
Special Occupancy Parks)

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Caretaker housing AUP AUP
Accessory Second dwelling unit P P Chapter 19.134 (Accessory Second Dwelling Units)
Windmills and solar energy collectors,
noncommercial
P P Chapter 19.68 (General
Development Standards and
Exceptions)

AGRICULTURAL AND RELATED USES
Row, field and tree crops for property user
consumption only1
P P
Row, field and tree crops for commercial
purposes1

CUP CUP
Cultivation of ornamental or landscaping
plants, including greenhouses, for
commercial purposes

CUP CUP
Produce stands for products grown on the
same property

SPRAUP SPRAUP
Retail nurseries CUP CUP

INSTITUTIONAL USES
Cemeteries2 CUP CUP
Organizational /Group camps2 CUP CUP
Governmental facilities2 CUP CUP
Public safety uses and facilities2 CUP CUP

TRANSIENT LODGING FACILITIES
Campgrounds and recreational vehicle
parks not exceeding a density of 4 units
per acre
CUP CUP Chapter 19.124 (Mobile Home and
Special Occupancy Parks)
Vacation Home Rental VHR VHR Chapter 19.41 (Vacation Home Rental)

COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Communication facilities CUP CUP Chapter 19.140
(Telecommunication Facilities)
Utility and service uses and structures CU P CU P

MINERAL EXTRACTION
Mining3 CUP CUP See Chapter 19.58 (Surface Mining
and Land Reclamation Permits)
OTHER
Marijuana dispensaries, mobile marijuana
dispensaries and marijuana cultivation
- -
Commercial solar fields - -
TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards) ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures) - = Prohibited Use
P = Permitted

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Created: 2022-06-01 16:56:41 [EST]
(Supp. No. 17, Update 1)

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AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:1 For those uses which do not require large amounts of water, to be determined in consultation with the water district. 2All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.
3Limited to resources found in the district, only with the strictest controls that minimize land disruption.

19.20.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the Open Space Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.20.040-1 (Development Standards).

Table 19.20.040-1
Development Standards
Standard OSR OSR-40 Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum 0 0
Maximum1 0.1 0.025

LOT SIZE AND DIMENSIONS
Minimum Lot Size 10 acres 40 10
acres
Minimum Lot Width 300 ft. 300 ft.

Minimum Lot Depth 300 ft. 300 ft.

Minimum Width to Depth Ratio N/A 1:4 N/A 1:4
MINIMUM SETBACKS (Feet)
Front, First Story and Above 32 32 Chapter 19.68 (General Development Standards and Exceptions)
Side, First Story 15 15 Chapter 19.68 (General Development Standards and Exceptions)
Side, Second Story and Above 20 20 Chapter 19.68 (General Development Standards and Exceptions)
Street Side, First Story and
Above
25 25 Chapter 19.68 (General Development
Standards and Exceptions)
Rear, First Story and Above 25 25 Chapter 19.68 (General Development Standards and Exceptions)
Distance Between Buildings N/A N/A

BUILDING FLOOR AREA RATIO
Maximum 0.05 0.05

LOT COVERAGE
Maximum 20 20
BUILDING HEIGHT (Feet)
Maximum 35 35 Chapter 19.68 (General Development
Standards and Exceptions)
UNIT SIZE (Square Feet)

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Minimum N/A N/A Residential units must be a minimum of 400 square feet

OTHER REGULATIONS
Chapter 19.68 (General Development Standards and Exceptions) Chapter 19.69 (Residential Development Standards and Design Criteria) Chapter 19.78 (Lighting Standards)
Chapter 19.82 (Off-street Parking and Loading)
Chapter 19.88 (Signs)
Chapter 19.90 (Dedications and Improvements)
Chapter 19.92 (Trash Storage Facilities)
Chapter 19.94 (Utilities)
1Shall only apply to the new subdivision of property.

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Chapter 19.22 Public Land Use Districts (P and F)
Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:41 [EST] (Supp. No. 17, Update 1)

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Chapter 19.22 Public Land Use Districts (P and F)

19.22.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Public Land Use District, identify allowed uses and establish development standards for the district. The Public Land Use District includes Public (P) and Floodway (F).

19.20.020 Description and Intent of Land Uses
A. Public (P). The intent of this district is for properties which have public uses such as City and county facilities and offices, parks, public golf courses, schools, school facilities, water district operations, etc.

B. Floodway (F). The intent of this district is to serve as a means of identifying those properties in the City under ownership of the San Bernardino County Flood Control District and permitting flood control facilities and other drainage infrastructure, as deemed necessary by the Flood Control District, to protect the public safety of City residents.

19.22.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Public Land Use District are listed in Table 19.22.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards).

Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.22.030-1
Allowed Land Uses and Permit Requirements
Allowed Use P F Additional Requirements

RESIDENTIAL USES AND CARE FACILITIES
Single-family dwelling - -
Multi-family dwelling - -
Small family day care (8 or fewer
children)
P - Chapter 19.114 (Community
Care Facilities)
Large family day care (9 to 14
children)
P - Chapter 19.114 (Community
Care Facilities)
Residential or community care
facilities serving 6 or fewer
persons
P -
Congregate care facilities serving
6 or fewer persons
P -

RETAIL AND SERVICE
Art gallery, noncommercial P -
Farmers market uses CUPAUP - See Chapter 19.110 (Farmers Market Uses)

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Created: 2022-06-01 16:56:41 [EST]
(Supp. No. 17, Update 1)

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Cemetery/crematory CUP -
Government storage
yard/maintenance facility
AUP -
Hospital CU:PAUP -
Museum AUP -
Recreational facility:

Indoor
Outdoor
CUPP
CUPP
-
-
Schools, private CUP -
Schools, public P -

INSTITUTIONAL USES
Churches, synagogues, temples,
and other religious facilities
CUP
Public safety uses and facilities P -

FLOOD CONTROL FACILITIES
Flood control facilities, including
drainage channels, basins and
any other drainage
infrastructure improvements
P P

TRANSIENT LODGING FACILITIES
Campgrounds and recreational
vehicle parks operated by public
agencies not exceeding a density
of 4 units per acre
CUP - Chapter 19.124 (Mobile Home
and Special Occupancy Parks)

COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Airports, aircraft storage CUP -
Communication facilities CUP - Chapter 19.140
(Telecommunication Facilities)
Utility and service uses and
structures
CUP -
OTHER
Marijuana dispensaries, mobile
marijuana dispensaries and
marijuana cultivation
- -
Commercial solar fields - -
TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards) ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures) - = Prohibited
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit

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Created: 2022-06-01 16:56:41 [EST]
(Supp. No. 17, Update 1)

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19.22.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the Public (P) and Floodway (F) land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.22.040-1 (Development Standards).

Table 19.22.040-1
Development Standards
Allowed Use P F Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum N/A N/A
Maximum N/A N/A

LOT SIZE AND DIMENSIONS
Minimum Lot Size None None
Minimum Lot Width None None
Minimum Lot Depth None None
Minimum Width to
Depth Ratio
None None
MINIMUM SETBACKS (Feet)
Front 25 None Chapter 19.68 (General Development
Standards and Exceptions)
Side 10 None Chapter 19.68 (General Development
Standards and Exceptions)
Street Side 25 None Chapter 19.68 (General Development
Standards and Exceptions)
Rear 10 None Chapter 19.68 (General Development
Standards and Exceptions)
Distance Between
Buildings
None None

LOT BUILDING COVERAGE
Maximum 80% N/A

FLOOR AREA RATIO
Maximum Range 0.0 - 1.0 N/A
BUILDING HEIGHT (Feet)
Maximum 35 None Chapter 19.68 (General Development
Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum N/A N/A

OTHER REGULATIONS
Chapter 19.68 (General Development Standards and Exceptions) Chapter 19.78 (Lighting Standards)
Chapter 19.82 (Off-street Parking and Loading)
Chapter 19.88 (Signs)

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(Supp. No. 17, Update 1)

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Chapter 19.90 (Dedications and Improvements)
Chapter 19.92 (Trash Storage Facilities)
Chapter 19.94 (Utilities)

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Created: 2022-06-01 16:56:41 [EST]
(Supp. No. 17, Update 1)

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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Aug 22 2023
SUBJECT: DCA23-000009 Accessory Dwelling Units.

RECOMMENDATION:

The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and introduce the Ordinance amending the Development Code.

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:
• City Council Ordinance -
Accessory Dwelling Units
• Chapter 19.134 Accessory
Dwelling Units draft
• Planning Commission
Resolution - Accessory Dwelling
Units
BACKGROUND:

On July 18, 2023, the Planning Commission held a Public Hearing on a Development Code Amendment on Chapter

19.134 Accessory Dwelling Units and forwarded a recommendation to the City Council for approval of the amendment.

The City completed and adopted its Housing Element update last year. That update included revisions and additions to the Housing Plan (Chapter 7 of the Housing Element) to update the Zoning Code to address a number of changes in State law and other items required to facilitate the development of housing in the next eight years. All of the proposed changes are provided in Attachment A, and are shown in Track Changes for ease of review by the Commission. Generally, the changes relate to changes in State law, such as Density Bonus and Accessory Dwelling Unit requirements, or changes that the Housing Element analysis determined were necessary to facilitate the development of housing during the 2021-2029 planning period.

The State amended the requirements for Accessory Dwelling Units two years ago, and the City’s Development Code was not amended. Therefore, Staff took this opportunity to update this section as well, amending Chapter

19.134 as shown in Attachment A.

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Changes include reducing the minimum size of a JADU to comply with State law, identifying the process for when an application may be denied, and defining height limitations.

State law requires that the Development Code be consistent with the General Plan. Therefore, in order to assure that the City’s General Plan is properly implemented, these changes are required. Further, these changes are not substantive, and generally bring the City into conformance with current requirements of the California Government Code.

FINDINGS FOR APPROVAL
In order to make a recommendation for approval of the Development Code Amendments to the City Council, the Planning Commission must make findings, consistent with the provisions of Municipal Code Section 19.46.070. The recommended findings are provided below, and have been included in the attached Resolution.

A. The Development Code Amendment is consistent with the intent of the goals and policies of the General Plan, insofar as it directly implements the policies and programs adopted in the recent Housing Element Update.

B. The Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses, and assures that the City does not impede the development of housing during the 2021-2029 planning period for the Housing Element.

C. The Development Code Amendment provides reasonable property development rights while protecting environmentally sensitive land uses and species, insofar as the changes in the Code allow more flexibility and more clearly define land uses and simplify the entitlement process for housing.

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

ENVIRONMENTAL:

The project is exempt from the California Environmental Quality Act (CEQA). Pursuant to 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.

ALTERNATIVES:

The City Council could choose to:

1. Request additional information from Staff and postpone the hearing to a date certain.

2. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

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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 19.134 ACCESSORY DWELLING
UNITS 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, California Government Code Sectio 65580 et. Seq. requires the periodic updating of the City’s Housing Element based on a pre-determined schedule; and WHEREAS, the 6th cycle planning period and its associated Regional Housing Needs Assessment is form October 2021 to October 2029; and
WHEREAS, on December 13, 2022, the City Council approved the revisions to the Housing Element and other elements; and
WHEREAS, on July 18, 2023, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter 19.134 Accessory Dwelling Units; and WHEREAS, on August 09, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on August 22, 2023, 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, a Public Hearing was held by the City Council on August 22, 2023, at which time the Council introduced Ordinance No. ___, amending Chapter 19.134 Accessory Dwelling Units of the Development Code; and
WHEREAS, on August 22, 2023, 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 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

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may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, 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 judgment and analysis; and
WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:

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

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

Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.134 Accessory Dwelling Units, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on 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. 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 the implementation of the General Plan and State law.

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

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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.

Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 22nd day of August 2023.

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 12
th day of September 2023.

MacArthur Wright, Mayor
ATTEST:

Cindy Villescas CMA, 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 22 nd
day of August 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on 12
th day of September 2023, in Twentynine Palms, California by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

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City of Twentynine Palms Development Code Article 5, Special Use Regulations Adopted July 26, 2016
Revised December 08, 2020
Effective January 08, 2021 Page 19.134-1 Accessory Dwelling Units Chapter 19.134 Accessory Dwelling Units
Sections

19.134.010 Purpose..............................................................................................................19.134-1

19.134.020 Applicability......................................................................................................19.134-1

19.134.030 Definitions.........................................................................................................19.134-1

19.134.040 Permit Required ................................................................................................19.134-2

19.134.050 Development Standards ....................................................................................19.134-3

19.134.010 Purpose
The purpose of this Chapter is to provide regulations and criteria for the establishment and location of accessory dwelling units and junior accessory dwelling units in compliance with Government Code Sections 65852.2 and 65852.22. It is the intent of the City to protect and preserve existing neighborhoods while providing affordable housing.

19.134.020 Applicability
A. New Accessory Dwelling Units. The development standards of this Chapter shall apply to all new accessory dwelling units and junior accessory dwelling units.

B. Modification and Expansion of Existing Accessory Dwelling Units. Whenever an existing permitted accessory dwelling unit is modified or expanded such that it creates an increase of more than 10 percent in the floor space, the development standards of this Chapter shall apply.

19.134.030 Definitions
A. Accessory dwelling unit or ADU. An attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:
i. An efficiency unit, as defined by Section 17958.1 of the CaliforniaHealth and Safety Code; and
ii. A manufactured home, as defined by Section 18007 of theCalifornia Health and Safety Code.

B. Accessory Dwelling Unit, Attached. A residential dwelling attached to a primary residence by at least one wall.

Exhibit “A”

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City of Twentynine Palms Development Code Article 5, Special Use Regulations Adopted July 26, 2016
Revised December 08, 2020
Effective January 08, 2021 Page 19.134-2 Accessory Dwelling Units C. Accessory Dwelling Unit, Detached. A residential dwelling unit which does not share any portion of a wall with the primary residence but may be attached by a breezeway or roof structure that is open on at least two sides.

D. Complete independent living facilities. A dwelling unit that contains permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the proposed or existing single-family or multifamily dwelling.

E. Efficiency Unit. A residential dwelling which provides occupancy for not more than two persons, having a minimum floor area of 220 square feet.

G. Junior accessory dwelling unit or JADU. A residential dwelling unit that:

1. Is not less than 150 square feet and not more than 500 square feet in size.

2. Is contained entirely within an existing or proposed single-family structure.

3. Includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

4. Includes provisions for cooking.

5. Has exterior access that is independent from that of the primary residence.

19.134.040 Permit Required
A. Any application for an accessory dwelling unit or junior accessory dwelling units that meets the location and development standards contained in this Chapter shall be approved ministerially without discretionary review or public hearing.

1. If there is an existing dwelling on the property, the City must act on the application for the ADU or JADU within sixty (60) days of receiving the completed application.

2. If the application for an ADU or JADU is submitted with the application for a new single-family dwelling, the City may delay acting on the permit for the ADU or JADU until the permit for the single-family dwelling is approved. If the applicant requests a delay, the sixty (60)-day time period shall be tolled for the period of the delay.

3. If the director denies an application for an accessory dwelling unit or junior accessory dwelling unit, the director shall, within the time period described above, return in writing a full set of comments to the applicant with a list of items that are defective or deficient and a description of how the application can be remedied by the applicant.

4. The director shall not deny an application for a permit to create an accessory dwelling unit due to the correction of nonconforming zoning conditions, building code violations, or unpermitted

Page 282 of 418 ends

City of Twentynine Palms Development Code Article 5, Special Use Regulations Adopted July 26, 2016
Revised December 08, 2020
Effective January 08, 2021 Page 19.134-3 Accessory Dwelling Units structures that do not present a threat to public health and safety and are not affected by the construction of the accessory dwelling unit.

2.5. B. Accessory dwelling units shall be reviewed as part of the established Building Permit process, and compliance with the standards of this Chapter will be verified through the Planning Division.

19.134.050 Development Standards
A. Density. For the purposes of this Chapter, accessory dwelling units are not considered for the purposes of evaluating the density requirements established in the General Plan B. Accessory Dwelling Unit standards shall not be considered in the application of any local ordinance, policy or program to limit residential growth.

C. The correction of non-conforming zoning conditions shall not be a requirement for the approval of permit for the creation of an ADU or JADU.

D. The installation of fire sprinklers shall not be required in an ADU or JADU if sprinklers are not required for the primary residence. The construction of an accessory dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

E. Accessory dwelling units may be rented separate from the primary dwelling unit but shall not be sold or otherwise conveyed separate from the primary residence.

F. Location.

1. One ADU or JADU may be located on any residential lot zoned for single-family dwellings upon which an existing single-family dwelling exists or is proposed.

2. One ADU may be permitted on any lot zoned as Mixed Use on which an existing or proposed single-family dwelling exists.

3. Not more than two detached ADU’s may be located on any residential lot that allows for multifamily dwelling units upon where an existing multi-family dwelling unit exists.

4. One attached accessory dwelling unit shall be allowed within the portions of a multi-family structure that are not used for living space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements and garages. In addition, no more than two detached accessory dwelling units shall be allowed for every lot upon which a multi-family structure sits.

G. Size Requirements.

1. Accessory Dwelling Units and Junior Accessory Dwelling Units shall be a minimum of 220 square feet.

Page 283 of 418 ends

City of Twentynine Palms Development Code Article 5, Special Use Regulations Adopted July 26, 2016
Revised December 08, 2020
Effective January 08, 2021 Page 19.134-4 Accessory Dwelling Units

1.2.Junior Accessory Dwelling Units shall be a minimum of 150 square feet.

3. The maximum size of a detached or attached ADU is 850 square feet for a studio or onebedroom unit and 1,200 square feet for a unit of two or more bedrooms.

2. The total floor area for a new detached accessory dwelling unit with more than one bedroom shall not exceed one thousand two hundred (1,200) square feet.

3.4.Application of other development standards, such as FAR or lot coverage, might further limit the size of the ADU, but no application of FAR, lot coverage, or open-space requirements may require the ADU to be less than 800 square feet.

4.5.Junior Accessory dwelling units shall be a minimum of 220 square and shall not exceed 500 square feet. Junior Accessory Dwelling Units shall only be located in a primary dwelling and shall not be located within an accessory structure.

6. All Accessory dwelling Dwelling units Units and Junior Accessory Dwelling Units shall comply with the California Building Code. The construction of an accessory dwelling unit shall not constitute a Group R occupancy change under the building code, as described in Section 310 of the California Building Code (Title 24 of the California Code of Regulations), unless the building official or Code Compliance officer makes a written finding based on substantial evidence in the record that the construction of the accessory dwelling unit could have a specific, adverse impact on public health and safety. Nothing in this clause shall be interpreted to prevent the Building Official from changing the occupancy code of a space that was unhabitable space or was only permitted for nonresidential use and was subsequently converted for residential use pursuant to this section.

5.7.A demolition permit for a detached garage that is to be replaced with an accessory dwelling unit be reviewed with the application for the accessory dwelling unit and issued at the same time. The applicant shall not be required to provide written notice or post a placard for the demolition of a detached garage that is to be replaced with an accessory dwelling unit, unless the property is located within an architecturally and historically significant historic district.

H. Setbacks. Accessory dwelling units shall conform to the setbacks of the applicable land use district, except that side and rear yard setbacks may be four feet, but shall not encroach into any required nonbuildable easements. The front yard setback of the underlying zone shall apply, unless either the attached or detached unit does not permit at least an 800 square foot accessory dwelling unit with four-foot side and rear yard setbacks to be constructed in compliance with all other development standards.

I. Height. Accessory dwelling units shall not exceed 16 feet in height.

1. A height limitation of sixteen (16) feet on a lot with an existing or proposed single family or multifamily dwelling unit.

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City of Twentynine Palms Development Code Article 5, Special Use Regulations Adopted July 26, 2016
Revised December 08, 2020
Effective January 08, 2021 Page 19.134-5 Accessory Dwelling Units

2. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code.

3. An additional two feet in height to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.

4. A height of 18 feet for a detached accessory dwelling unit on a lot with an existing or proposed multifamily, multistory dwelling.

5. A height of 25 feet or the height limitation that applies to the primary dwelling, whichever is lower, for an accessory dwelling unit that is attached to a primary dwelling.

K. Parking Requirements.

1. One off-street parking space shall be provided for each ADU. These spaces may be provided as tandem parking on a driveway.

2. Exception. No off-street parking is required in the following instances:
a. The ADU is located within one-half mile walking distance of public transit. b. The ADU is located within an architecturally or historically significant housing district.
c. The ADU is part of the proposed or existing primary residence or accessory structure. d. When on-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
e. When there is a car share vehicle located within one block of the accessory dwelling unit.
e.f. When a permit application for an accessory dwelling unit is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the accessory dwelling unit or the parcel satisfies any other criteria listed in this subsection.

3.. When a garage, carport or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those offstreet parking spaces are not required to be replaced.

4. A junior accessory dwelling unit shall not require parking in addition to that required for the proposed or existing single-family residence.

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City of Twentynine Palms Development Code Article 5, Special Use Regulations Adopted July 26, 2016
Revised December 08, 2020
Effective January 08, 2021 Page 19.134-6 Accessory Dwelling Units L. Utilities.

1. Accessory dwelling units shall have a septic system per standards established by the Building Code, unless the property is served by a public sewer. All septic systems on properties with an accessory dwelling unit shall have adequate additional reserve leach area, as required by the Building Official or the San Bernardino County Department of Environmental Health, unless the property is served by a public sewer.

2. Separate utility service may be established for an accessory dwelling unit located on a portion of the lot that could legally be separated by lot division. Separate utility service may not be established for an accessory dwelling unit located on a portion of the lot that could not legally be separated by lot division.

3. All applicable county, state and federal laws will be adhered to in regard to allowing accessory dwelling units.

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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Aug 22 2023
SUBJECT: DCA23-000008 Density Bonus, Community Care, Emergency Shelters.

RECOMMENDATION:

The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment 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:
• City Council Ordinance -
Density Bonus, Comm Care,
Emergency Shelters
• Chapter 19.72 Density Bonus
draft
• Chapter 19.114 Community
Care Facilities draft
• Chapter 19.116 Emergency
Shelters draft
• Planning Commission
Resolution - Density Bonus,
Comm Care, Emergency
Shelters
BACKGROUND:

On July 18, 2023 the Planning Commission held a Public Hearing on amendments to the Development Code on Chapter 19.72 Density Bonus, Chapter 19.114 Community Care Facilities, and chapter 19.116 Emergency Shelters.

The City completed and adopted its Housing Element update last year. That update included revisions and additions to the Housing Plan (Chapter 7 of the Housing Element) to update the Zoning Code to address a number of changes in State law and other items required to facilitate the development of housing in the next eight years. All of the Page 291 of 418 proposed changes are provided in Attachment A and are shown in Track Changes for ease of review by the Commission. Generally, the changes relate to changes in State law, such as Density Bonus and Accessory Dwelling Unit requirements, or changes that the Housing Element analysis determined were necessary to facilitate the development of housing during the 2021-2029 planning period.

Specifically, the following Programs are being implemented by this Zoning Code update:

Program HS-6: Requires that the City update its Density Bonus Ordinance to comply with changes to State law.

These changes are reflected in Chapter 19.72, and update the language and requirements for Density Bonuses to reflect increases in the percentage of units that can be claimed, and requirements for different types of units (affordable, affordable senior and student housing, for example).

Program HS-14: Requires review and modification of locational standards for Congregate Care facilities in Chapter

9.114. The standards required that these facilities be located on a General Plan roadway, and that they be in transitional areas between residential and non-residential land districts. Neither of these regulations appear to be applicable, and are proposed for removal in Chapter 19.114.040.

Chapter 19.116, Emergency Shelters was amended to modify the parking requirement to one space per employee.

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

ENVIRONMENTAL:

ALTERNATIVES:

The City Council could choose to:

1. Request additional information from Staff and postpone the hearing to a date certain.

2. Deny the Development Code Amendment.

FISCAL IMPACT: Page 292 of 418
None.

Page 293 of 418 ends

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 19.72 DENSITY BONUS, CHAPTER

19.114 COMMUNITY CARE FACILITIES AND CHAPTER 19.116

EMERGENCY SHELTERS 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, California Government Code Sectio 65580 et. Seq. requires the periodic updating of the City’s Housing Element based on a pre-determined schedule; and WHEREAS, the 6th cycle planning period and its associated Regional Housing Needs Assessment is form October 2021 to October 2029; and
WHEREAS, on December 13, 2022, the City Council approved the revisions to the Housing Element and other elements; and
WHEREAS, on July 18, 2023, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter 19.72 Density Bonus, Chapter 19.114 Community Care Facilities and Chapter 19.116 Emergency Shelters; and
WHEREAS, on August 09, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on August 22, 2023, 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, a Public Hearing was held by the City Council on August 22, 2023, at which time the Council introduced Ordinance No. ___, amending Chapter 19. 19.72 Density Bonus, Chapter 19.114 Community Care Facilities and Chapter 19.116 Emergency Shelters of the Development Code, and
WHEREAS, on August 22, 2023, 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

Page 294 of 418 ends

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 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; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, 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 judgment 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 intent of the goals and policies of the General Plan, insofar as it directly implements the policies and programs adopted in the recent Housing Element Update.

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

The Development Code Amendment prescribes reasonable controls and standards to ensure compatibility with other established uses and assures that the City does not impede the development of housing during the 2021-2029 planning period for the Housing Element.

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 provides reasonable property development rights while protecting environmentally sensitive land uses and species, insofar as the changes in the Code allow more flexibility and more clearly define land uses and simplify the entitlement process for housing.

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

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

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

Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19. 19.72 Density Bonus, Chapter 19.114 Community Care Facilities and Chapter 19.116 Emergency Shelters, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on 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

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may have a significant effect on the environment, the activity is not subject to CEQA.

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

Section 4. 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.

Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 22nd day of August 2023.

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

PASSED, APPROVED, AND ADOPTED this 12
th day of September 2023.

MacArthur Wright, Mayor
ATTEST:

Cindy Villescas CMA, City Clerk
APPROVED AS TO FORM:

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vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

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Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 1 of 25 ends

Chapter 19.72 Affordable Housing Density Bonus

19.72.010 Purpose
This Chapter implements the statutory requirements set forth in Government Code Sections 65915-65918 (known as state density bonus law). To the extent practicable, the citation to the governing statutory provision is included next to the implementing Ordinance section. If any provision of this Chapter conflicts with state law, the latter shall control. Applicable statutes should be consulted for amendments prior to applying the Ordinance provision.

19.72.020 Applicability
The density bonuses and incentives contained in this Chapter shall apply to housing developments eligible for a density bonus under state density bonus law. When an applicant seeks a density bonus for a housing development within, or for the donation of land for housing within, the City's jurisdiction that meets the requirements set out in California Government Code Section 65915, the actions and procedures set out in this Chapter shall apply. The burden is on the applicant to show that the housing development meets such requirements. The density bonus provisions of California Government Code Sections 65915 et seq., as may be amended from time to time, are incorporated by reference into this chapter. The City reserves the right to review applications for a density bonus in accordance with state density bonus law.

19.72.030 Definitions
In addition to the definitions in Chapter 19.06, the following definitions in this section apply to this Chapter and shall control where there is a conflict with the definitions in Chapter 19.06. State law definitions, as they may be amended from time to time, control over the definitions in this section. Where the definitions are provided by state law, the citation to the statute follows.

A. Affordable Housing. Dwelling units with a sales price or rent within the means of a low- or moderate-income household as defined by state or federal legislation. As used in this Development Code:

1. Very low income refers to family units/household whose annual income is 50 percent or less of the area's median income as defined in Health and Safety Code Section 50105 (Government Code Section 65915(b)(1)(B)).

2. Low income refers to family units/households whose annual income is between 50 percent and 80 percent of the area's median income as defined in Health and Safety Code Section 50079.5 (Government Code Section 65915(b)(1)(A)).

3. Moderate income refers to family units/households whose annual income is between 80 percent and 120 percent of the area's median income as defined in Health and Safety Code Section 50093 (Government Code Section 65915(b)(1)(D)).

B. Affordable Housing Benefits. Means one or more of the following:

1. A density bonus pursuant to Section 19.72.070.

2. An incentive pursuant to Section 19.72.110.

3. A development standard waiver or modification pursuant to Section 19.72.140.

Exhibit “A”

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Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 2 of 25 ends

4. A parking standard modification pursuant to Section 19.72.150.

C. Affordable Housing Cost. The definition set forth in Health and Safety Code Section 50052.5 (Government Code Section 65915(c)(1)).

D. Affordable Housing Developer. The applicant or permittee of a qualified housing development and its assignees or successors in interest.

E. Affordable Rent. The definition set forth in Health and Safety Code Section 50053 (Government Code Section 65915(c)(1)).

F. Child Care Facility. A child day care facility other than a family day care home, including but not limited to infant centers, preschools, extended day care facilities, and school-age child care centers (Government Code Section 65915(h)(4)).

G. Common Interest Development. Any of the following: a community apartment project, a condominium project, a planned development, and a stock cooperative pursuant to Civil Code Section 1351(c) and pursuant to Civil Code Section 4100. All common interest development units must be offered to the public for purchase (Government Code Section 65915(b)(1)(D)).

H. Condominium Conversion Project. A residential project in which the applicant proposes to convert apartment units to condominiums pursuant to Government Code Section 65915.5(a).

I. Density Bonus. A process by which a city can increase the density within a development project by a percentage established by law or through which the city offers incentives that support economic viability in return for guarantees with respect to the preservation of the rights of use or sale for affordable housing purposes.

J. Density Bonus Units. Dwelling units granted pursuant to Section 19.72.040 which exceed the otherwise maximum allowable residential density.

K. Development Standard. A site or construction condition, including but not limited to a height limitation, a setback requirement, a floor area ratio, an on-site open-space requirement, or a parking ratio, that applies to a residential development pursuant to the Development Code, the General Plan or other City condition, law, policy, resolution, or regulation (Government Code Section 65915(o)(1)).

L. Housing Development. A development project of five or more residential units and includes a subdivision or common interest development that is approved by the City and consists of residential units or unimproved residential lots, and either a project to substantially rehabilitate and convert an existing commercial building to residential use or the substantial rehabilitation of an existing multifamily dwelling where the result of the rehabilitation would be a net increase in available residential units (Government Code Section 65915(i)).

M. Incentive. Means "incentives and concessions" as that phrase is used in Government Code Section 65915.

N. Market-rate Unit. A dwelling unit that is not an affordable unit.

O. Maximum Allowable Residential Density. The density allowed under the Development Code and the Land Use Element of the General Plan, or if a range of density is permitted, means the maximum allowable density for the specific district density range applicable to the project. If the density allowed under the Development Code is inconsistent with the density allowed under the Land Use Element of the General Plan, the General Plan density shall prevail (Government Code Section 65915(o)(2)).

P. Minimum Affordable Housing Component. A housing development project that includes a minimum of any of the following:

1. Very Low Income Minimum Affordable Housing Component - Provides at least 5 percent of the total units for very low-income household residents (Government Code Section 65915(b)(1)(B)); or

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Created: 2022-06-01 16:56:49 [EST]
(Supp. No. 17, Update 1)

Page 3 of 25 ends

2. Low Income Minimum Affordable Housing Component - Provides at least 10 percent of the total units for low-income households (Government Code Section 65915(b)(1)(A)); or

3. Moderate Income Minimum Affordable Housing Component - Provides at least 10 percent of the total dwelling units in a common interest development for moderate-income households (Government Code Section 65915(b)(1)(D)).

Q. Other Incentives of Equivalent Financial Value. The reduction or waiver of requirements which the City might otherwise apply as conditions of condominium conversion approval, but shall not be construed to require the City to provide cash transfer payments or other monetary compensation (Government Code Section 65915.5(c)).

R. Qualified Housing Development. A housing development that meets the requirements of Section 19.72.040 for density bonus.

S. Qualified Land. Land offered for donation in accordance with Section 19.72.100 that meets the criteria set forth in Subsection 19.72.100.A.

T. Senior Citizen Housing Development. A residential development that is developed, substantially rehabilitated, or substantially renovated for senior citizens and that has at least 35 senior citizen housing development units (Government Code Section 65915(b)(1)(C)).

U. Senior Citizen Housing Development Unit. A residential dwelling unit in a senior citizen housing development that is available to, and occupied by, a senior citizen as defined in Civil Code Section 51.3.

V. Specific, Adverse Impact. A significant, quantifiable, direct and unavoidable impact, based on objective, identified written public health or safety standards, policies or conditions as they existed on the date the application for the housing development was deemed complete.

Inconsistency with the Development Code or General Plan land use designation shall not constitute a specific, adverse impact upon the public health or safety (Government Code Section 65589.5(d)(2)).

W. Total Units and Total Dwelling Units. Dwelling units other than density bonus units (Government Code Section 65915(b)(3)).

19.72.040 Eligibility for Density Bonuses and Incentives A. Density bonuses are available to affordable housing developers in accordance with this Chapter for the following:

1. The city shall grant one (1) density bonus as specified in this section, and incentives or concessions as described in this section, when an applicant seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one (1) of the following:
a. Ten percent of the total units of a housing development for rental or sale to lower income households, as defined in Section 50079.5 of the Health and Safety Code. b. Five percent of the total units of a housing development for rental or sale to very low income households, as defined in Section 50105 of the Health and Safety Code. c. A senior citizen housing development, as defined in Sections 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. d. Ten percent of the total dwelling units of a housing development are for rental or sale to persons and families of moderate income, as defined in Section 50093 of the Health and Safety Code.

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e. Ten percent of the total units of a housing development for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541, or homeless persons, as defined in the federal McKinney-Vento Homeless Assistance Act (42 U.S.C.

Sec. 11301 et seq.). The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years and shall be provided at the same affordability level as very low income units.
f. Twenty percent of the total units for lower income students in a student housing development that meets the following requirements:
i. All units in the student housing development will be used exclusively for undergraduate, graduate, or professional students enrolled full time at an institution of higher education accredited by the Western Association of Schools and Colleges or the Accrediting Commission for Community and Junior Colleges. In order to be eligible under this subclause, the developer shall, as a condition of receiving a certificate of occupancy, provide evidence to the city, county, or city and county that the developer has entered into an operating agreement or master lease with one or more institutions of higher education for the institution or institutions to occupy all units of the student housing development with students from that institution or institutions. An operating agreement or master lease entered into pursuant to this subclause is not violated or breached if, in any subsequent year, there are not sufficient students enrolled in an institution of higher education to fill all units in the student housing development. ii. The applicable 20-percent units will be used for lower income students. iii. The rent provided in the applicable units of the development for lower income students shall be calculated at 30 percent of 65 percent of the area median income for a single-room occupancy unit type.
iv. The development will provide priority for the applicable affordable units for lower income students experiencing homelessness. A homeless service provider, as defined in paragraph (3) of subdivision (e) of Section 103577 of the Health and Safety Code, or institution of higher education that has knowledge of a person’s homeless status may verify a person’s status as homeless for purposes of this subclause.

For purposes of calculating a density bonus granted pursuant to this subparagraph, the term “unit” as used in this section means one rental bed and its pro rata share of associated common area facilities.

The units described in this subparagraph shall be subject to a recorded affordability restriction of 55 years.
g. 100 percent of all units in the development, including total units and density bonus units, but exclusive of a manager’s unit or units, are for lower income households, as defined by Section 50079.5 of the Health and Safety Code, except that up to 20 percent of the units in the development, including total units and density bonus units, may be for moderate-income households, as defined in Section 50053 of the Health and Safety Code
Housing developments which include a minimum affordable housing component (Section 19.72.070 and Section 19.72.190A).

2. Housing developments which include a minimum affordable housing component and a child care facility (Section 19.72.080).

3. Senior citizen housing developments (Section 19.72.090).

4. Land donations for very low income housing (Section 19.72.100).

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B. For the purpose of calculating a density bonus, the residential units must be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels (Government Code Section 65915(i)).

19.72.050 Application and Required Fees
A. Application Filing and Processing. When an applicant seeks a density bonus for a housing development that meets the criteria in Section 19.72.070, the affordable housing developer must comply with all the following requirements:

1. File an application for a density bonus in accordance with this Section that includes a minimum affordable housing component, whether or not the project also requires or has been granted a Conditional Use Permit or other permits or approvals (Government Code Section 65915(d)(1)).

2. State in the application the specific minimum affordable housing component proposed for the housing development (Government Code Section 65915(b)(2)).

3. Enter into an agreement with the City or its designee pursuant to Section 19.72.180 (Affordable Housing Agreement and Equity Sharing Agreement) to maintain and enforce the affordable housing component of the housing development (Government Code Section 65915(c)).

B. Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

1. If an application for a density bonus requires an unusual amount or specialized type of study or evaluation by City staff, consultant or legal counsel, City staff shall estimate the cost thereof and require the applicant to pay an additional fee or make one or more deposits to pay such cost before the study or evaluation is begun. On completion of the study or evaluation, and before the City Council decides the application, City staff shall determine the actual cost of the work and the difference between the actual cost and the amount paid by the applicant, and shall require the applicant to pay any deficiency or shall refund to the applicant any excess.

19.72.060 Effect of Proposal for Waiver or Reduction of Development Standards A. In no case may the city apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted by this section. An applicant may submit to the city a proposal for the waiver or reduction of development standards that will have the effect of physically precluding the construction of a development meeting the criteria of subsection C at the densities or with the concessions or incentives permitted under this section, and may request a meeting with the city. If a court finds that the refusal to grant a waiver or reduction of development standards is in violation of this section, the court shall award the plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards if the waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subsection (d) of Section 65589.5, upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require the city to waive or reduce development standards that would have an adverse impact on any real property that is listed in the California Register of Historical Resources or to grant any waiver or reduction that would be contrary to state or federal law.

B. A proposal for the waiver or reduction of development standards pursuant to this subdivision shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to subsection C.

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A proposal for the waiver or reduction of development standards shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Government Code Section 65915(d).

19.72.070 Density Bonus Allowance for Housing Development with Affordable Housing Component
A. The amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable housing units exceeds the percentage established in 19.72.040.

1. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(a), the density bonus shall be calculated as follows:

Percentage Low-Income Units Percentage Density Bonus
10 20
11 21.5
12 23
13 24.5
14 26
15 27.5
16 29
17 30.5
18 32
19 33.5
20 35
21 38.75
22 42.5
23 46.25
24 50

2. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(b), the density bonus shall be calculated as follows:

Percentage Very Low Income Units Percentage Density Bonus 5 20
6 22.5
7 25

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8 27.5
9 30
10 32.5
11 35
12 38.75
13 42.5
14 46.25
15 50

3. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(c) and (e), the density bonus shall be twenty percent (20%).

4. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(f), the density bonus shall be thirty-five percent (35%).

5. For housing development meeting the criteria of subsection 19.72.040(A) (1)(g), the following shall apply:
i. The density bonus shall be 80 percent of the number of units for lower income households. ii. If the housing development is located within one-half mile of a major transit stop, the city shall not impose any maximum controls on density.

4. For housing developments meeting the criteria of subsection 19.72.040(A)(1)(d), the density bonus shall be calculated as follows:

Percentage Moderate Income Units Percentage Density Bonus 10 5
11 6
12 7
13 8
14 9
15 10
16 11
17 12
18 13
19 14
20 15

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21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 29
35 30
36 31
37 32
38 33
39 34
40 35
41 38.75
42 42.5
43 46.25
44 50
If the requirements of Section 19.72.040 (Eligibility for Density Bonus and Incentives) are met, then the affordable housing developer is entitled to a density bonus pursuant to Government Code Section 65915(f) as follows:

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Table 19.72.070-1
Density Bonus Allowance for Housing Development Projects with Affordable Housing Component
Household Income
Category
Minimum
Percent of
Affordable
Units
Minimum
Density
Bonus
Additional
Density
Bonus for
Each 1%
Increase
in
Affordable
Units
Maximum
Percent of
Affordable
Units
Maximum
Possible
Density
Bonus
Affordable Housing Development
Very Low Income 5% 20% 2.50% 11% 35%
Low Income 10% 20% 1.50% 20% 35%
Moderate Income
(Common
Interest
Developments)
10% 5% 1% 40% 35%
B. As demonstrated in Table 19.72.070-1, the amount of density bonus to which the applicant is entitled shall vary according to the amount by which the percentage of affordable units offered by the applicant exceeds the percentage of the minimum affordable housing component; the applicant may also elect to accept a lesser percentage of density bonus (Government Code Section 65915(f)).

C. All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(f)(5)).

19.72.080 Density Bonus for Housing Development with Affordable Housing Component and Child Care Facility
A. When an applicant proposes to construct a housing development that includes affordable units as specified in subsection C and includes a child daycare facility that will be located on the premises of, as part of, or adjacent to such housing development, the city shall grant either of the following if requested by the developer.
a. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child daycare facility. b. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the child daycare facility.

2. A housing development shall be eligible for the density bonus or concession described in this subsection if the city, as a condition of approving the housing development, requires all of the following to occur:
a. The child daycare facility will remain in operation for a period of time that is as long as or longer than the period of time during which the affordable housing units are required to remain affordable pursuant to subsection D.

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b. Of the children who attend the child daycare facility, the percentage of children of very low income households, lower income households, or moderate income households shall be equal to or greater than the percentage of affordable housing units that are proposed to be affordable to very low income households, lower income households, or moderate income households. c. Notwithstanding any requirement of this subsection, the city shall not be required to provide a density bonus or concession for a child daycare facility if it finds, based upon substantial evidence, that the community already has adequate child daycare facilities.

3. The application and review process for the provision of child daycare facilities and related density bonus or concessions or incentives is set forth in subsection L of this section.

Criteria. For a density bonus to be granted pursuant to Subsection 19.72.080.B for including a minimum affordable housing component with a child care facility in a housing development, all of the following must be satisfied:

1. Compliance with Section 19.72.040 (Government Code Section 65915(h)(1)).

2. The housing development must include a child care facility that will be located on the premises of, as part of, or adjacent to, the housing development (Government Code Section 65915(h)(1)).

3. Approval of the housing development must be conditioned to ensure that both of the following occur:
a. The child care facility must remain in operation for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable pursuant to Section 19.72.180 (Government Code Section 65915(h)(2)(A)). b. Of the children who attend the child care facility, the children of very low-income households, low-income households, or moderate-income households must equal a percentage that is equal to or greater than the percentage of dwelling units that are required under the respective minimum affordable housing component income category for which the density bonus is sought (Government Code Section 65915(h)(2)(B)).

4. The City has not made a finding based upon substantial evidence that the community has adequate child care facilities (Government Code Section 65915(h)(3)).

B. Density Bonus Allowance. If the requirements of Subsection 19.72.080.A are met, then an applicant for a housing development with a affordable housing component and child care facility is entitled to:

1. A density bonus pursuant to Section 19.72.070 (Density Bonus Allowance for Housing Development with Affordable Housing Component); and

2. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility (Government Code Section 65915(h)(1)(A)).

19.72.090 Density Bonus for Condominium Conversions
developer converting condominiums of a housing development of five (5) units or more who seeks a density bonus, shall make such application in conjunction with its tract map application pursuant to the Subdivision Map Act, and consistent with Government Code Section 65915.5. Any appeal of any concession or incentive or review by the planning commission or city council shall automatically require an appeal of the underlying map to that body. An applicant shall be ineligible for a density bonus or other incentives under this section if the apartments proposed for conversion constitute a housing development for which a density bonus or other incentives were provided under Government Code Section 65915.

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19.72.090 Density Bonus for Senior Citizen Housing Development An applicant for a senior citizen housing development or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Civil Code Sections 798.76 or 799.5 is entitled to a density bonus of 20 percent of the number of senior citizen housing development units and up to a maximum of 50 percent (Government Code Section 65915(b)(1)(C)&(f)(3)).

19.72.100 Density Bonus for Land Donations
A. When a developer of a housing development donates land to the city as provided for in this subsection, the applicant shall be entitled to a fifteen percent (15%) increase above the otherwise maximum allowable residential density under the applicable zoning ordinance and land use element of the general plan for the entire housing development, as follows:

Percentage Very Low Income Units Percentage Density Bonus 10 15
11 16
12 17
13 18
14 19
15 20
16 21
17 22
18 23
19 24
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34

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30 35
This increase shall be in addition to any increase in density mandated by subsection C, up to a maximum combined mandated density increase of thirty-five percent (35%), if an applicant seeks both the increase required pursuant to this subsection and subsection C. All density calculations resulting in fractional units shall be rounded up to the next whole number. Nothing in this subsection shall be construed to enlarge or diminish the city's authority to require an applicant to donate land as a condition of development.

1. An applicant shall be eligible for the increased density bonus described in this section if the city is able to make all the following findings:
a. The applicant donates and transfers the land no later than the date of approval of the final subdivision map, parcel map, or residential development application. b. The developable acreage and zoning classification of the land being transferred are sufficient to permit construction of units affordable to very low income households in an amount not less than ten percent (10%) of the number of residential units of the proposed development. c. The transferred land is at least one (1) acre in size or of sufficient size to permit development of at least forty (40) units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. No later than the date of approval of the final subdivision map, parcel map, or development application for the housing development, the transferred land shall have all of the permits and approvals, other than building permits, necessary for the development of very low income housing units on the transferred land, except that the city may subject the proposed development to subsequent design review to the extent authorized by subdivision (i) of Government Code Section 65583.2 if the design is not reviewed by the local government prior to the time of transfer.
d. The transferred land and the very low income units constructed on the land will be subject to a deed restriction ensuring continued affordability of the units consistent with this section, which restriction will be recorded on the property at the time of dedication. e. The land is transferred to the city or to a housing developer approved by the city. The city may require the applicant to identify and transfer the land to such city-approved developer. f. The transferred land shall be within the boundary of the proposed development or, if the city agrees in writing, within one-quarter (¼) mile of the boundary of the proposed development. g. A proposed source of funding for the very low income units shall be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application.

Criteria. For a density bonus for a qualified land donation to be granted pursuant to Subsection 19.72.100.B, all the requirements of this Section must be met.

1. The applicant must be applying for a tentative subdivision map, parcel map, or other residential development approval (Government Code Section 65915(g)(1)).

2. The application must include at least a 10 percent minimum affordable housing component for very low-income households (Government Code Section 65915(g)(1)).

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3. The applicant must agree to donate and transfer qualified land which is land that meets both the following criteria:
a. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of units affordable to very low-income households in an amount not less than 10 percent of the number of residential units of the proposed development pursuant to Section 8116-2.5.1(a) (Government Code Section 65915(g)(2)(B)). b. The transferred land must be at least 1 acre in size or of sufficient size to permit development of at least 40 units, have the appropriate General Plan land use designation, be appropriately zoned with appropriate development standards for development at the density described in Government Code Section 65583.2(c)(3), and is or will be served by adequate public facilities and infrastructure (Government Code Section 65915(g)(2)(C)).

4. The qualified land must be transferred to the City or to a housing developer approved by the City. The City may require the applicant to identify and transfer the land to an approved housing developer (Government Code Section 65915(g)(2)(F)).

5. The qualified land must have all of the permits and approvals, other than Building Permits, necessary for the development of the very low-income housing affordable units on the qualified land, not later than the date of approval of the final subdivision map, parcel map, or residential development application filed. However, the City may subject the proposed development to subsequent design review to the extent authorized by Government Code Section 65583.2(i) if the design is not reviewed by the City prior to the time of transfer (Government Code Section 65915(g)(2)(D)).

6. The qualified land must be donated and transferred no later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(A)).

7. The qualified land and the affordable units must be subject to a deed restriction ensuring continued affordability of the units consistent with Section 19.72.180 (Density Bonus for Housing Development with Affordable Housing Component and Child Care Facility), which must be recorded against the qualified land at the time of the transfer (Government Code Section 65915(g)(2)(E)).

8. The qualified land must be within the boundary of the proposed development or, if the City agrees, within .25 mile of the boundary of the proposed development (Government Code Section 65915(g)(2)(G)).

9. A proposed source of funding for the very low-income household units must be identified not later than the date of approval of the final subdivision map, parcel map, or residential development application (Government Code Section 65915(g)(2)(H)).

B. Density Bonus Allowance for Qualified Land Donation for Very Low Income Housing. If the requirements of Subsection 19.72.100.A are satisfied, the applicant shall be entitled to at least a 15 percent increase above the otherwise maximum allowable residential density for the entire development, as follows (Government Code Section 65915(g)(1)):

Table 19.72.100-1
Density Bonus Allowances for Qualified Land Donation Projects Household Income
Category
Minimum Percent
of Very Low Income
Units
Density Bonus Additional Density
Bonus for Each 1%
Increase in Very
Low Income Units
Maximum Possible
Density Bonus
Very Low
Income Housing
10% of entire
development
15% 1% 50% (max.
combined)

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CB. All density calculations resulting in fractional units shall be rounded up to the next whole number (Government Code Section 65915(g)(2)).

19.72.110 Affordable Housing Incentives
A. Government Code Subsections 65915(d), (j), (k) and (l) govern the following provisions regarding affordable housing incentives.

B. Qualifications for Incentives. Subject to Section 19.72.130 (Criteria for Denial of Application for Incentives), all of the following applicable requirements must be satisfied to be granted an incentive(s) pursuant to Subsection 19.72.110.B and Section 19.72.120 (Number of Incentives Granted):

1. The applicant for an incentive must also be an applicant for a density bonus and qualify for a density bonus pursuant to Section 19.72.040 (Government Code Section 65915(d)(1)).

2. A specific written proposal for an incentive(s) must be submitted with the application for density bonus (Government Code Section 65915(b)(1) and (d)(1)).

3. If an incentive(s) pursuant to Sections 19.72.110 and 19.72.120 is sought, the applicant must establish that each requested incentive would result in identifiable, financially sufficient, and actual cost reductions for the qualified housing development (Government Code Section 65915(k)(1) & (3)).

4. If an incentive(s) pursuant to Subsection 19.72.110.B(2) is sought, the applicant must establish that requirements of that section are met (Government Code Section 65915(k)(2)).

5. If an additional incentive for a child care facility is sought pursuant to Subsection 19.72.120.B, the applicant must establish that requirements of that section are met (Government Code Section 65915(h)(1)(B)).

6. The granting of an incentive shall not be interpreted, in and of itself, to require a General Plan Amendment, Zoning Change, or other discretionary approval (Government Code Section 65915(j)). An incentive is applicable only to the project for which it is granted. An applicant for an incentive may request a meeting with the Community Development Director (Director) and, if requested, the Director will meet with the applicant to discuss the proposal (Government Code Section 65915(d)(1)).

C. Types of Incentives. For the purposes of this Chapter, incentive or consession means any of the following:

1. A reduction in site development standards or a modification of Development Code requirements or design guidelines that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions (Government Code Section 65915(k)(1)).

2. Approval of mixed-use zoning in conjunction with the qualified housing development if commercial, office, industrial or other land uses will reduce the cost of the qualified housing development and if the commercial, office, industrial or other land uses are compatible with the qualified housing development and the existing or planned development in the area where the proposed qualified housing development will be located (Government Code Section 65915(k)(2)).

3. Other regulatory incentives proposed by the affordable housing developer or the City that result in identifiable, financially sufficient, and actual cost reductions (Government Code Section 65915(k)(3)).

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4. For purposes of this section, the parking ratios set forth in Government Code Section 65915 for qualified affordable housing projects shall be deemed a concession or incentive available to the applicant.

45. Nothing in this section limits or requires the provision of direct financial incentives by the City for the qualified housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements (Government Code Section 65915(l)).

19.72.120 Number of Incentives Granted
A. Subject to Section 19.72.130 (Criteria for Denial of Application for Incentives), the applicant who meets the requirements of Subsection 19.72.110.A shall receive the following number of incentives described below and as shown in Table 19.72.120-1.

1. One incentive for qualified housing development projects that include at least 5 percent for very lowincome households, at least 10 percent of the total units for low-income households, or at least 10 percent for persons and families of moderate-income households in a development in which the units are for rental or salecommon interest development (Government Code Section 65915(d)(2)(A)).

2. Two incentives for housing developments that include: At least seventeen percent (17%) of the total units affordable to lower income households; or at least ten percent (10%) of the total units affordable to very low income households; or at least twenty percent (20%) of the total units affordable to persons and families of moderate income in a development in which the units are for rental or sale.qualified housing development projects that include at least 10 percent for very low-income households, at least 20 percent of the total units for low-income households, or at least 20 percent for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(B)).

3. Three incentives for housing developments that include: At least twenty-four percent (24%) of the total units for lower income households; or at least fifteen percent (15%) for very low income households; or at least thirty percent (30%) for persons and families of moderate income in a development in which the units are for rental or sale.

4. Four (4) incentives of concessions if the project includes 100% affordable housing units, excluding the manager’s unit. If the project is within one-half mile of a major transit stop, the applicant shall also receive a height increase of up to three additional stories, or 33 feet.

5. One incentive or concession for projects that include at least twenty (20) percent of the total units for lower income students in a student housing development. qualified housing development projects that include at least 15 percent for very low-income households, at least 30 percent of the total units for low-income households, or at least 30 percent for persons and families of moderate-income households in a common interest development (Government Code Section 65915(d)(2)(C)).

B. A qualified housing development proposal that includes a child care facility shall be granted an additional incentive that contributes significantly to the economic feasibility of the construction of the child care facility (Government Code Section 65915(h)(1)(B)).

Table 19.72.120-1
Incentive Allowances for Qualified Housing Developments Income Category Minimum % of Affordable Units
Very Low Income 5% 10% 15%

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Low Income 10% 20% 30%
Common Interest Development (Moderate Income) 10% 20% 30% Incentives Allowed 1 2 3

19.72.130 Criteria for Denial of Application for Incentives A. Except as otherwise provided in this Chapter or by state law, if the requirements of Subsection 19.72.110.A are met, the City shall grant the incentive(s) that are authorized by Subsection 19.72.110.B and Section

19.72.120 unless a written finding, based upon substantial evidence, is made with respect to any of the following, in which case the City may refuse to grant the incentive(s):

1. The incentive is not required in order to provide affordable housing costs or affordable rents for the affordable units subject to the qualified housing development application (Government Code Section 65915(d)(1)(A)).

2. The incentive would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the development unaffordable to low- and moderate-income households (Government Code Section 65915(d)(1)(B); Government Code Section 65915 (d)(3)).

3. The incentive would be contrary to state or federal law (Government Code Section 65915(d)(1)(C)).

4. The community has adequate child care facilities, in which case the additional incentive for a child care facility pursuant to Subsection 19.72.120.B may be denied (Government Code Section 65915(h)(3)).

19.72.140 Waiver or Modification of Development Standards A. Requirements for Waiver or Modification of Development Standards.

1. Application. To qualify for a waiver or reduction of one or more development standards, the applicant must submit a written application (together with an application for a qualified housing development) that states the specific development standard(s) sought to be modified or waived and the basis of the request (Government Code Section 65915(e)(1)). An applicant for a waiver or modification of development standard(s) pursuant to this Section may request a meeting with the Director to review the proposal. If requested, the Director shall meet with the applicant (Government Code Section 65915(e)(1)). An application for the waiver or reduction of development standard(s) pursuant to this Section shall neither reduce nor increase the number of incentives to which the applicant is entitled pursuant to Section 19.72.110 (Government Code Section 65915(e)(2)).

2. Findings. All of the following findings must be made for each waiver or reduction requested:
a. The development standard for which a waiver or reduction is requested will have the effect of physically precluding the construction of the proposed qualified housing development at the densities or with the incentives permitted under this Chapter (Government Code Section 65915(e)(1)).
b. The requested waiver or reduction of a development standard will not have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2), upon the health, safety and/or physical environment or, if such a specific, adverse impact exists, there is a feasible method to

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satisfactorily mitigate or avoid the specific, adverse impact (Government Code Section 65915(e)(1)).
c. The requested waiver or reduction of a development standard will not have an adverse impact on any real property that is listed in the California Register of Historical Resources (Government Code Section 65915(e)(1)).
d. The requested waiver or reduction of a development standard is not contrary to state or federal law (Government Code Section 65915(e)(1)).

3. Granting Application for Waiver or Modification of Development Standards. If the requirements of Subsection 19.72.140.A are satisfied, the application for waiver or modification of development standard(s) shall be granted, and the City shall not apply a development standard that will have the effect of physically precluding the construction of a qualified housing development at the densities or with the incentives permitted by this Chapter (Government Code Section 65915(e)(1)).

19.72.150 Parking Standard Modifications for Qualified Housing Developments A. Requirements for Parking Standard Modifications. Parking standard modifications pursuant to Subsection

19.72.150.B are available only for qualified housing developments. An application for parking standard modifications stating the specific modification requested pursuant to Subsection 19.72.150.B must be submitted with the qualified housing development application (Government Code Section 65915(p)(3)).

B. Parking Standard Modifications. If the requirements of Subsection 19.72.150.A are met, the vehicular parking ratio, inclusive of handicapped and guest parking, shall not exceed the following ratios (Government Code Section 65915(p)(1)), except where noted under Subsection 19.72.150.C (Exceptions):

1. Zero to one bedroom: one on-site parking space.

2. Two to three bedrooms: two one and one-half (1 ½) on-site parking spaces.

3. Four and more bedrooms: two and one-half on-site parking spaces.

If the total number of spaces required results in a fractional number, it shall be rounded up to the next whole number.

C. Exceptions. Upon request of the applicant, the following maximum parking standards shall apply, inclusive of handicap and guest parking, to the entire housing development subject to this Chapter, as required by Government Code Section 65915(p)(2):

1. A maximum of 0.5 parking spaces per bedroom shall apply when all the following conditions apply:
a. The development includes at least 20 percent low-income units or at least 11 percent very low income unitsthe maximum percentage of low- or very low-income units provided for Section

19.72.070 (Density Bonus Allowance for Housing Development with Affordable Housing Component).
b. The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

2. A maximum of 0.5 parking spaces per unit shall apply when all the following conditions apply:

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a. The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.
b. The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

3. A maximum of 0.5 parking spaces per unit shall apply when all the following conditions apply:
a. The development includes at least 40 percent moderate income units, exclusive of a manager's unit or units.
b. The development is located within .5 mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code.
c. There is unobstructed access to the major transit stop from the development. A development shall have unobstructed access to a major transit stop if a resident is able to access the major transit stop without encountering natural or constructed impediments.

4. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, then, upon the request of the developer, the city shall not impose vehicular parking standards if the development meets either of the following criteria:
a. The development is located within one-half mile of a major transit stop and there is unobstructed access to the major transit stop from the development. b. The development is a for-rent housing development for individuals who are 62 years of age or older that complies with Sections 51.2 and 51.3 of the Civil Code and the development has either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

5. If a development consists solely of rental units, exclusive of a manager’s unit or units, with an affordable housing cost to lower income families, and the development is either a special needs housing development, as defined in Section 51312 of the Health and Safety Code, or a supportive housing development, as defined in Section 50675.14 of the Health and Safety Code, then, upon the request of the developer, the city shall not impose any minimum vehicular parking requirement. A development that is a special needs housing development shall have either paratransit service or unobstructed access, within one-half mile, to fixed bus route service that operates at least eight times per day.

A maximum of 0.5 parking spaces per unit shall apply when all the following conditions apply:
a. The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.
b. The development is for individuals who are 62 years of age or older and which complies with Sections 51.2 and 51.3 of the Civil Code.
c. The development shall have either paratransit service or unobstructed access, within .5 mile, to fixed bus route service that operates at least eight times per day.

4. A maximum of 0.3 parking spaces per unit shall apply when all the following conditions apply:

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a. The development consists solely of rental units, exclusive of a manager's unit or units, with an affordable housing cost to lower-income families, as provided in Section 50052.5 of the Health and Safety Code.
b. The development is a special needs housing development, as defined in Section 51312 of the Health and Safety Code.
c. The development shall have either paratransit service or unobstructed access, within .5 mile, to fixed bus route service that operates at least eight times per day.

D. If the total number of parking spaces required for the qualified housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, "on-site parking" may be provided through tandem parking or uncovered parking, but not through on-street parking (Government Code Section 65915(p)(2)).

E. Except as otherwise provided in this section, all other provisions of Chapter 19.82 (Off-Street Parking and Loading) applicable to residential development apply.

F. An applicant may request additional parking incentives beyond those provided in this Section if applied for pursuant to Section 19.72.110 (Government Code Section 65915(p)(3)).

G. Notwithstanding allowances in Subsection 19.72.150.C above, if the City or an independent consultant has conducted an area-wide or jurisdiction-wide parking study in the last seven years, then the City may impose a higher vehicular parking ratio not to exceed the ratio described in Subsection 19.72.150.B above, based on substantial evidence found in the parking study that includes, but is not limited to, an analysis of parking availability, differing levels of transit access, walkability access to transit services, the potential for shared parking, the effect of parking requirements on the cost of market-rate and subsidized developments, and the lower rates of car ownership for low- and very low-income individuals, including seniors and special needs individuals. The City shall pay the costs of any new study. The City shall make findings, based on a parking study completed in conformity with this paragraph, supporting the need for the higher parking ratio.

19.72.160 Density Bonus and Affordable Housing Incentive Program A. Project Design and Phasing. Projects seeking an affordable housing benefit pursuant to this Chapter must comply with the following requirements, unless otherwise specified in writing by the Director:

1. Location/Dispersal of Units. Affordable units shall be reasonably dispersed throughout the development where feasible and shall contain on average the same (or greater) number of bedrooms as the market-rate units.

2. Phasing. If a project is to be developed in phases, each phase must contain the same or substantially similar proportion of affordable units and market-rate units.

3. Exterior Appearance. The exterior appearance and quality of the affordable units must be similar to the market-rate units. The exterior materials and improvements of the affordable units must be similar to, and architecturally compatible with, the market-rate units.

B. Application Requirements. An application for one or more affordable housing benefits must be submitted as follows:

1. Each affordable housing benefit requested must be specifically stated in writing on the application form provided by the City.

2. The application must include the information and documents necessary to establish that the requirements of this Chapter are satisfied for each affordable housing benefit requested, including:
a. For density bonus requests, that the requirements of Section 19.72.040 are met;

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b. For incentive requests, that the requirements of Section 19.72.110 are met; c. For development standard waiver or modification requests, that the requirements of Section

19.72.140 are met; and/or
d. For parking standard modification requests, that the requirements of Section 19.72.150 are met.

3. The application must be submitted concurrently with a complete application for a qualified housing development.

4. The application must include a site plan that complies with and includes the following:
a. For senior citizen housing development projects, the number and location of proposed total units and density bonus units.
b. For all qualified housing development projects other than senior citizen housing development projects, the number and location of proposed total units, affordable units, and density bonus units. The density bonus units shall be permitted in geographic areas of the qualified housing development other than the areas where the affordable units are located (Government Code Section 65915(i)).
c. The location, design, and phasing criteria required by Subsection 19.72.160.A, including any proposed development standard(s) modifications or waivers pursuant to Section 19.72.140.

5. The application for a qualified housing development must state the level of affordability of the affordable units and include a proposal for compliance with Section 19.72.180 for ensuring affordability.

6. If a density bonus is requested for a qualified land donation pursuant to Section 19.72.100, the application must show the location of the qualified land in addition to including sufficient information to establish that each requirement in Section 19.72.100 has been met.

7. If an additional density bonus or incentive is requested for a child care facility pursuant to Section

19.72.080 and/or Subsection 19.72.120.B, the application shall show the location and square footage of the child care facility in addition to including sufficient information to establish that each requirement in Section 19.72.080 and/or Subsection 19.72.120.B has been met.

C. An application for an affordable housing benefit under this Chapter will not be processed until all of the provisions of this Section are complied with as determined by the Director and shall be processed concurrently with the application for the qualified housing development project for which the affordable housing benefit is sought. Prior to the submittal of an application for a qualified housing development, an applicant may submit to the Director a preliminary proposal for affordable housing benefits. The Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the Director's preliminary response.

19.72.170 Determination on Density Bonus and Affordable Housing Incentive Program Requirements
A. The decision-making body for the underlying qualified housing development application is authorized to approve or deny an application for an affordable housing benefit in accordance with this Chapter.

1. Affordable Housing Benefit Determinations. An application for an affordable housing benefit shall be granted if the requirements of this Chapter are satisfied unless:
a. The application is for an incentive for which a finding is made in accordance with Section

19.72.130; or

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b. The underlying application for the qualified housing development is not approved independent of and without consideration of the application for the affordable housing benefit.

2. Affordable Housing Benefit Compliance Provisions. To ensure compliance with this Chapter and state law, approval of an application for an affordable housing benefit may be subject to, without limitation:
a. The imposition of conditions of approval to the qualified housing development, including imposition of fees necessary to monitor and enforce the provisions of this Chapter; b. An affordable housing agreement and, if applicable, an equity sharing agreement pursuant to Section 19.72.180; and
c. Recorded deed restriction implementing conditions of approval and/or contractual or legally mandated provisions.

3. A decision regarding an affordable housing benefit application is subject to the appeal provisions of Section 19.28.120 (Appeals).

19.72.180 Affordable Housing Agreement and Equity Sharing Agreement A. General Requirements. No density bonus pursuant to Section 19.72.040 (Eligibility for Density Bonuses and Incentives) shall be granted unless and until the affordable housing developer, or its designee approved in writing by the Director, enters into an affordable housing agreement and, if applicable, an equity sharing agreement, with the City or its designee pursuant to and in compliance with this section (Government Code Section 65915(c)). The agreements shall be in the form provided by the City, which shall contain terms and conditions mandated by, or necessary to implement, state law and this Article. The Director may designate a qualified administrator or entity to administer the provisions of this section on behalf of the City. The affordable housing agreement shall be recorded prior to, or concurrently with, final map recordation or, where the qualified housing development does not include a map, prior to issuance of a Building Permit for any structure on the site. The Director is hereby authorized to enter into the agreements authorized by this section on behalf of the City upon approval of the agreements by City Attorney for legal form and sufficiency.

B. Low- or Very Low-Income Minimum Affordable Housing Component or Senior Citizen Housing Development.

1. The affordable housing developer of a qualified housing development based upon the inclusion of lowincome and/or very low-income affordable units must enter into an agreement with the City to maintain the continued affordability of the affordable units for 55 years (for rental units) or 30 years (for for-sale units), or a longer period if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, as follows (Government Code Section 65915(c)(1)). The agreement shall establish specific compliance standards and specific remedies available to the City if such compliance standards are not met. The agreement shall, among other things, specify the number of lower-income affordable units by number of bedrooms; standards for qualifying household incomes or other qualifying criteria, such as age; standards for maximum rents or sales prices; the person responsible for certifying tenant or owner incomes; procedures by which vacancies will be filled and units sold; required annual report and monitoring fees; restrictions imposed on lower-income affordable units on sale or transfer; and methods of enforcing such restrictions.

2. Rental Units. Rents for the low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 19.72.040 shall be set and maintained at an affordable rent (Government Code Section 65915(c)(1)). The agreement shall set rents for the lowerincome density bonus units at an affordable rent as defined in California Health and Safety Code Section 50053. The agreement shall require that owner-occupied units be made available at an affordable housing cost as defined in the Health and Safety Code Section 50052.5.

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3. For-Sale Units. Owner-occupied low-income and very low-income affordable units that qualified the housing development for the density bonus pursuant to Section 19.72.040 shall be available at an affordable housing cost (Government Code Section 65915(c)(1)). The affordable housing developer of a qualified housing development based upon a very low- or low-income minimum affordable component shall enter into an equity sharing agreement with the City or developer. The agreement shall be between the City and the buyer or the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
a. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote homeownership.
b. For purposes of this Section, the City's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.
c. For purposes of this subdivision, the City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the home at the time of initial sale.

4. Senior Units. At least 35 senior citizen housing development units are maintained and available for rent or sale to senior citizens as defined in Civil Code Section 51.3.

C. Moderate Income Minimum Affordable Housing Component.

1. The affordable housing developer of a qualified housing development based upon the inclusion of moderate-income affordable units in a common interest development must enter into an agreement with the City ensuring that:
a. The initial occupants of the moderate-income affordable units that are directly related to the receipt of the density bonus are persons and families of a moderate-income household. b. The units are offered at an affordable housing cost (Government Code Section 65915(c)(2)).

2. The affordable housing developer of a qualified housing development based upon a moderate-income minimum affordable component shall enter into an equity sharing agreement with the City or developer (Government Code Section 65915(c)(2)). The agreement shall be between the City and the buyer or the developer and the buyer if the developer is the seller of the unit. The City shall enforce the equity sharing agreement unless it is in conflict with the requirements of another public funding source or law (Government Code Section 65915(c)(2)). The equity sharing agreement shall include at a minimum the following provisions:
a. Upon resale, the seller of the unit shall retain the value of improvements, the down payment, and the seller's proportionate share of appreciation. The City shall recapture any initial subsidy, as defined in subparagraph (b), and its proportionate share of appreciation, as defined in subparagraph (c), which amount shall be used within five years for any of the purposes described in Health and Safety Code Section 33334.2(e) that promote homeownership (Government Code Section 65915(c)(2)(A)).

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b. The City's initial subsidy shall be equal to the fair market value of the unit at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value (Government Code Section 65915(c)(2)(B)).
c. The City's proportionate share of appreciation shall be equal to the ratio of the City's initial subsidy to the fair market value of the unit at the time of initial sale (Government Code Section 65915(c)(2)(C)).

D. Minimum Affordable Housing Component and Child Care Facility. If an additional density bonus or incentive is granted because a child care facility is included in the qualified housing development, the affordable housing agreement shall also include the affordable housing developer's obligations pursuant to Subsection

19.72.080.A(3) for maintaining a child care facility, if not otherwise addressed through conditions of approval.

19.72.190 Density Bonus or Incentives for Condominium Conversion Projects A. Requirements for Density Bonus or Incentive for Condominium Conversion Projects.

1. Applicant to convert apartments to a condominium project agrees to provide at least:
a. Thirty-three (33) percent of the total units of the proposed condominium project to persons and families of moderate-income households, or
b. Fifteen (15) percent of the total units of the proposed condominium project to persons and families of low-income households.

2. If applicant agrees to pay for the reasonably necessary administrative costs incurred by the City pursuant to this section, the City shall either:
a. Grant a density bonus, or
b. Provide other incentives of equivalent financial value (Government Code Section 65915.5(a)).

B. Definition of Density Bonus for Condominium Conversion Projects. If the requirements of Subsection

19.72.190.A are met, then the condominium conversion project will be entitled to an increase in units of 25 percent over the number of apartments, to be provided within the existing structure or structures proposed for conversion from apartments to condominiums (Government Code Section 65915.5(b)).

C. Presubmittal Preliminary Proposals for Density Bonus or Incentive for Condominium Conversion Projects.

Prior to the submittal of a formal request for subdivision map approval or other application for necessary discretionary approvals, an applicant to convert apartments to a condominium project may submit to the Director a preliminary proposal for density bonus or other incentives of equivalent financial value. The Director shall, within 90 days of receipt of a written proposal, notify the applicant of the Director's preliminary response and schedule a meeting with the applicant to discuss the proposal and the Director's preliminary response (Government Code Section 65915.5(d)).

D. Application for Density Bonus or Incentives for Condominium Conversion Projects. An applicant must submit a completed application provided by the City for a density bonus or for other incentives of equivalent financial value. The application must be submitted concurrently with the application for the condominium conversion project. The application must include the following:

1. All information and documentation necessary to establish that the requirements of Subsection

19.72.190.A are met.

2. The proposal for a density bonus or the proposal for other incentives of equivalent financial value.

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3. Site plans demonstrating the location of the units to be converted, the affordable units, the marketrate units, and the density bonus units in the condominium conversion project.

4. Any other information and documentation requested by the City to determine if the requirements of Subsection 19.72.190.A are met.

E. Both the application for a density bonus or other incentives of equivalent financial value and the application for the condominium conversion must be complete before the application for a density bonus or other incentives of equivalent financial value will be considered.

F. Granting Density Bonus or Incentive for Condominium Conversion Projects.

1. Approval
a. If the requirements of Subsection 19.72.190.A are met, the decision-making body for the condominium conversion project application is authorized to grant an application for a density bonus or other incentives of equivalent financial value, subject to Subsection 19.72.190.F(2). b. Reasonable conditions may be placed on the granting of a density bonus or other incentives of equivalent financial value that are found appropriate, including but not limited to entering into an affordable housing agreement pursuant to Section 19.72.180 (Affordable Housing Agreement and Equity Sharing Agreement) which ensures continued affordability of units to subsequent purchasers who are persons and families of moderate-income households or low-income households (Government Code Section 65915.5(a)).

2. Ineligibility. An applicant shall be ineligible for a density bonus or other incentives of equivalent financial value if the apartments proposed for conversion constitute a qualified housing development for which a density bonus as defined in Section 19.72.040 (Eligibility for Density Bonuses and Incentives) or other incentives were provided (Government Code Section 65915.5(f)).

3. Decision on Condominium Conversion Project. Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums (Government Code Section 65915.5(e)).

19.72.200 Enforcement Provisions
A. Occupancy. Prior to occupancy of an affordable unit, the household's eligibility for occupancy of the affordable unit must be demonstrated to the City. This provision applies throughout the restricted time periods pursuant to Section 19.72.180 (Affordable Housing Agreement and Equity Sharing Agreement) and applies to any change in ownership or tenancy, including subletting, of the affordable unit.

B. Ongoing Compliance. Upon request, the affordable housing developer must show that the affordable units are continually in compliance with this Chapter and the terms of the affordable housing agreement. Upon 30-day notice, the City may perform an audit to determine compliance with this Chapter and the terms of any agreement or restriction.

C. Enforcement. The City has the authority to enforce the provisions of this Chapter, the terms of affordable housing agreements and equity sharing agreements, deed restrictions, covenants, resale restrictions, promissory notes, deed of trust, conditions of approval, permit conditions, and any other requirements placed on the affordable units or the approval of the qualified housing development. In addition to the enforcement powers granted in this Chapter, the City may, at its discretion, take any other enforcement action permitted by law, including those authorized by City ordinances. Such enforcement actions may include, but are not limited to, a civil action for specific performance of the restrictions and agreement(s), damages for breach of contract, restitution, and injunctive relief. The remedies provided for herein shall be

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cumulative and not exclusive and shall not preclude the City from seeking any other remedy or relief to which it otherwise would be entitled under law or equity.

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Chapter 19.114 Community Care Facilities

19.114.010 Purpose
The purpose of this Chapter is to implement the applicable state regulations in a manner that allows for the establishment of community care facilities while preserving the character of the land use district in which the uses are located.

19.114.020 Applicability
This Chapter provides application requirements and development criteria for the following types of community care facilities:

A. Child day care center
B. Residential care facility serving seven or more persons C. Congregate care facilities serving seven or more persons

19.114.030 Application Requirements
The following application requirements shall apply to residential care facilities serving seven or more persons, congregate care facilities serving seven or more persons, and child day care centers:

A. Preinspection. Prior to an application to use a single-family dwelling as a residential care facility, congregate care facility, or child day care center, the applicant shall request an inspection of the property by the City's Building and Safety Division to determine the property's compliance with the City's current building and zoning standards. The inspector shall file a written report indicating compliance or, if the property and structures are not in compliance, the nature of any violations. The approving authority, in approving the required permit, shall include conditions as are necessary to ensure that all corrections are completed prior to beginning operation of the requested use.

B. Additional Application Materials Required. Following the required preinspection, the applicant shall submit an application for the required permit which shall include (in addition to the materials typically required), but not be limited to, the following:

1. Floor plans and a site plan, fully dimensioned, indicating the type, use and location of all rooms, buildings, structures, parking and landscape areas.

2. Proof of compliance with standards of the State Fire Marshal as adopted in Title 24 of the California Code of Regulations.

19.114.040 Development Standards
All residential care facilities serving seven or more persons, congregate care facilities serving seven or more persons, and child day care centers shall comply with the development standards for the land use district in which they are located. In addition, the following standards shall apply:

A. An outdoor play area for day care centers, or a recreation or amenity area for residential care facilities or congregate care facilities, not less than 75 square feet per child or person receiving services, but in no case

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less than 450 square feet in area, shall be provided. The play or amenity area shall be provided in the rear yard area. Stationary play equipment shall not be located in required street side or front setback areas.

B. A 6-foot-high solid fence or wall shall be provided surrounding the play or recreation/amenity area. In the front setback, an open fence not exceeding 4 feet in height shall be provided. Materials, textures, colors, and design of the fence or wall shall be compatible with on-site structures and development of adjacent properties. All fences or walls shall provide for safety with controlled points of entry.

C. On-site landscaping shall comply with the requirements in Chapter 19.96 (Water Efficient Landscape).

D. All on-site parking shall comply with the provisions of Chapter 19.82 (Off-Street Parking and Loading).

Separate entrance and exit points shall be provided to allow vehicles to enter the street in a forward motion.

Adequate off-street parking for residents and employees and passenger loading spaces shall be provided where necessary to avoid on-street passenger drop-off and pickup, and parking.

E. All on-site lighting shall comply with the provisions of Chapter 19.78 (Lighting Standards).

F. All on-site signage shall comply with the provisions of Chapter 19.88 (Signs).

G. Day care centers, residential care facilities, and congregate care facilities shall be state-licensed and shall be operated according to all applicable state and local health and safety regulations.

H. The residential characteristic of the neighborhood in which the use is located shall be maintained. This shall be done by incorporating single-story and human scale/single-family residential architectural elements (doors, windows, offsets or reveals) and hardscape treatments typical of adjacent residential areas.

I. Residential care facilities serving more than six persons shall comply with all of the following locational criteria:

1. The facilities shall have frontage and access from an expressway or an arterial, collector or local street, as designated on the Circulation Plan of the City's General Plana public street.

2. Facilities in residential zones shall be located at transition areas between residential and nonresidential land use districts. Properties located adjacent to nonresidential districts shall be deemed to be in such transition areas for purposes of this section.

J. Proximity.

1. Residential care facilities shall be separated by a distance of not less than 300 feet from one another.

2. Congregate care facilities shall be separated by a distance of not less than 1,000 feet from one another.

K. Child day care centers shall comply with all of the following locational criteria:

1. Facilities located in residential zones shall not be located within 1,000 feet of one another.

2. Facilities located in single-family residential neighborhoods shall have frontage and access from an expressway or an arterial, collector, or local street, as designated on the Circulation Plan of the General Plan.

3. Facilities in single-family residential neighborhoods shall be located at transition areas between the single-family residential zone and nonresidential land use districts. Properties located adjacent to nonresidential districts shall be deemed to be in such transition areas for purposes of this Section, except that small family day care homes may be located in non-transition areas.

19.114.050 Conditions of Approval
The following conditions of approval shall apply to residential care facilities serving seven or more persons, congregate care facilities serving seven or more persons, and child day care centers located in residential districts:

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Created: 2022-06-01 16:56:53 [EST]
(Supp. No. 17, Update 1)

Page 3 of 3 ends

A. Outdoor activities may only be conducted between the hours of 8:00 a.m. and 8:00 p.m.

B. Facilities that do not provide 24-hour-a-day care may operate up to 14 hours per day.

C. The applicant shall provide proof of state license to the Planning Division within 60 days of the approval.

Page 326 of 418 ends

Created: 2022-06-01 16:56:52 [EST]
(Supp. No. 17, Update 1)

Page 1 of 2 ends

Chapter 19.116 Emergency Shelters

19.116.010 Purpose.

The purpose of this Chapter is to regulate the development, establishment and operation of emergency shelters in order to provide opportunities for the development of permanent year-round emergency shelter for homeless individuals and others in need of emergency shelter in the Multi-Family Residential (RM) and High Density Residential (R-HD) land use districts, and to establish standards for emergency shelters that will help ensure that the location and operation of such facilities provide for the health, safety and general welfare of all City residents.

19.116.020 Applicability
The requirements contained in this Chapter shall apply to all emergency shelter uses located in the RM and R-HD land use districts.

19.116.030 Definitions
A. Emergency Shelter. Housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less. No individual or households may be denied access to such emergency shelter because of an inability to pay (California Health and Safety Code Section 50801).

19.116.040 Permit Required
The following permit requirements shall be applicable to all emergency shelter uses:

A. All emergency shelters shall be subject to approval of the specified permit as designated in Table 19.12.030-1 (Allowed Land Uses and Permit Requirements) and 19.14.030-1 (Allowed Land Uses and Permit Requirements).

19.116.050 Operating Standards
The following requirements apply to the operation of emergency shelters, as authorized by Government Code Section 65583(a)(4):

A. The maximum number of beds or persons to be served nightly by an emergency shelter shall be 25.

B. Off-street parking shall be based upon demonstrated need, provided that parking for an emergency shelter shall not be more than that required for other commercial or industrial uses permitted in the RM or R-HD land use districtslimited to one space per employee.

C. Appropriately sized and located exterior and interior on-site waiting and intake areas shall be provided.

D. Appropriate exterior lighting shall be provided.

E. On-site management shall be provided.

F. Security shall be provided during the hours that the emergency shelter is in operation.

G. The maximum length of stay by a homeless person in an emergency shelter shall be six months.

H. An emergency shelter shall not be located within 300 feet of another emergency shelter.

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Created: 2022-06-01 16:56:54 [EST]
(Supp. No. 17, Update 1)

Page 2 of 2 ends

I. No individual or household shall be denied emergency shelter because of an inability to pay.

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Page 332 of 418 ends

STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Aug 22 2023
SUBJECT: DCA 23-000006 Off Street Parking and Loading
RECOMMENDATION:

The City Council conduct the Public Hearing, consider public comment, find the project exempt from CEQA and adopt the Ordinance amending the Development Code.

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:
• City Council Ordinance - Off
Street Parking and Loading
• Chapter 19.82 Off Street
Parking and Loading draft
• Planning Commission
Resolution - Parking
BACKGROUND:

At the meeting of February 21, 2023, the Planning Commission held a study session and at the meeting of June 20, 2023, the Planning Commission held a Public Hearing on revisions to Chapter 19.82, Off-Street Parking and Loading of the Development Code.

The Citys General Plan requires that single family residential development construct a two-car garage. Chapter

19.82 of the Development Code requires "2 spaces/dwellling".

Staff posed the following questions to the Commission:
1) Does the definition of a garage need to be revisited? Staff has revised the definitions as follows:

Carport - A permanent roofed structure, enclosed on not more than two (2) sides, used or intended to be used for vehicle storage for the occupants of the residence.

Garage, private - A building, fully enclosed, and used primarily for the parking of automobiles belonging to the occupants of the property.

Garage, public - A building other than a private garage, used for the maintenance or temporary storage of motor vehicles.

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2) Do all new residential units need to have a garage, or can parking spaces be uncovered? Commission consensus was that parking for single-family residences need not be covered. Multi-family shall have covered and uncovered parking.
3) Do structures converted to residential use need to construct a garage? Commission consensus was that covered parking does not need to be replaced upon conversion of an existing garage.
4) Do multi-family residential parking spaces need to be contiguous? Or can the uncovered space be in a driveway? Commission consensus was that uncovered parking spaces for multi-family can be accommodated on the driveway.

Staff has also revised Table 19.82.050-1Off-Street Parking Requirements, adding additional land uses and defining the required number of spaces, to be consistent with the commercial and industrial land use tables.

ENVIRONMENTAL:

ALTERNATIVES:

The City Council could choose to:

1. Request additional information from Staff and postpone the hearing to a date certain.

2. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

Page 334 of 418 ends

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 19.82 OFF STREET PARKING AND

LOADING 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, on February 21, 2023, the Planning Commission held a study session regarding regulations for Off Street Parking and Loading; and WHEREAS, on June 20, 2023, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter 19.82 Off Street Parking and Loading; and WHEREAS, on August 09, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on August 22, 2023, 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, a Public Hearing was held by the City Council on August 22, 2023, at which time the Council introduced Ordinance No. ___, amending Chapter 19.82 Off Street Parking and Loading of the Development Code, and
WHEREAS, on August 22, 2023, 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.

Page 335 of 418 ends

the proposed CEQA determination reflected the City Council's independent judgment 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-4 - Adequately address the potential impacts of new development on the existing community and the City’s infrastructure system.

Implementation Policy LU-4.3 – Maintain parking requirements that adequately meet the needs of commercial and industrial land uses and protect adjacent residential neighborhoods from overflow parking encroachment.

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

The Development Code Amendment is to amend the parking regulations to further define the parking requirements for commercial and residential uses.

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

The Amendment is to Chapter 19.82, Off-Street Parking and Loading, expanding the Development Code table to include a more comprehensive list of parking requirements.

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

The Off-Street Parking and Loading requirements are being revised to define the requirements for parking for certain land uses and will not be detrimental to the health, safety or welfare of the community

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

Section 1. Based upon the review of the proposed amendment of the Development Code, Chapter 19.82 Off Street Parking and Loading, the City Council finds that the proposed amendment does not have the potential to have an adverse impact on 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 3. The City Council approve and adopt the "Findings" required for approval of the Development Code update as set forth above.

Page 336 of 418 ends

Section 6. Introduction Date. Ordinance No.___ was introduced by Council action on the 22nd day of August 2023.

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

PASSED, APPROVED, AND ADOPTED this 12
th day of September 2023.

MacArthur Wright, Mayor
ATTEST:

Cindy Villescas CMA, 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 22 nd
day of August 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 12
th day of September 2023, in Twentynine Palms, California by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

Page 337 of 418 ends

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-1 Off-Street Parking and Loading Chapter 19.82 Off-Street Parking and Loading
Sections

19.82.010 Purpose................................................................................................................19.82-1

19.82.020 Applicability........................................................................................................19.82-1

19.82.030 Permit Required ..................................................................................................19.82-1

19.82.040 Exemptions........................................................................................................19.82-22

19.82.050 Number of Parking Spaces Required..................................................................19.82-2

19.82.060 Shared or Unspecified Uses ..............................................................................19.82-97

19.82.070 Design and Construction of Facilities...............................................................19.82-98

19.82.080 Reciprocal Parking Facilities ........................................................................19.82-1513

19.82.090 Loading Space Requirements........................................................................19.82-1513

19.82.100 Parking in Private Driveway or on Private Property.....................................19.82-1715

19.82.010 Purpose
The intent and purpose of this Chapter is to ensure that all uses shall have the minimum required off-street motor vehicle parking spaces installed and maintained in a manner which will ensure adequate and safe parking (temporary storage), ingress and egress, and parking facility design which will provide for safe and convenient use of such facilities.

19.82.020 Applicability
A. Unless specifically exempted within this Chapter, parking spaces, loading spaces or areas, and other facilities required by the provision of this Chapter shall be provided for each of the following:

1. The construction or reconstruction of any building or structure hereinafter specified.

2. A change in use of a lot or building site which requires a greater number of parking or loading spaces than was provided for the previous use or activity.

B. All improvements required by this Chapter, or any previously effective regulations governing same, shall henceforth be made available and maintained for the use for which they were designed. Every lot or building site, or portion thereof, used as a public or private parking area shall be improved and maintained in accordance with the standards set forth in this Chapter.

19.82.030 Permit Required
All new, modified or altered uses requiring the provision of additional off-street parking spaces as required by this Chapter shall require an amendment to the previously approved permit issued for the primary use where such permit is Exhibit “A”

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-2 Off-Street Parking and Loading required by this Code, and shall be processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures). In the absence of a previously approved permit for the primary use, a Site Plan Review shall be required in accordance with Chapter 19.36 (Site Plan Review), except where such requirement is modified pursuant to Section 19.82.040 of this Chapter.

19.82.040 Exemptions
Any existing building, structure, or change in use of property is exempt from the provisions of this Chapter, unless it is altered in any of the following ways:

A. Increases the floor area by more than 25 percent or 1,000 square feet, whichever is more restrictive.

B. Changes the use to one requiring a number of parking spaces 25 percent greater than the existing use or requiring more than 10 additional parking spaces, whichever is more restrictive pursuant to this Chapter.

C. Increases the number of dwelling units or guest rooms, requiring an increase in the number of parking spaces pursuant to this Chapter, of two spaces for residential uses or 10 spaces for transient occupancy uses within a commercial land use district.

Those buildings or structures existing as of November 23, 1987, on lots fronting Adobe Road from Cactus Drive to Two Mile Road with a General Commercial zoning designation shall continue to be exempt from the provisions of this Chapter under any change in use.

Uses in the downtown commercial core that are zoned General Commercial or Public shall be exempt from providing off-street parking per the requirements of this Chapter. The exemption area for the offsite parking requirements shall be defined as those properties zoned General Commercial or Public and located between Desert Queen Avenue to the west, Adobe Road to the east, Joshua Drive to the north, and Cactus Drive to the south.

19.82.050 Number of Parking Spaces Required
A. Except as exempted in Section 19.82.040, and/or as specified in Subsection 19.82.050.B, the number of parking spaces required for a use shall be as set forth in Table 19.82.050-1 (Off-street Parking Requirements). Any resulting fraction shall be rounded up to the next successive whole number.

Where mixed-use or multiple-tenant commercial or office developments are proposed, the baseline parking requirement shall be calculated as the sum of the requirements for each use, subject to the requirements of Section 19.82.060 (Shared or Unspecified Uses).

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-3 Off-Street Parking and Loading A.B.

Table 19.82.050-1
Off-street Parking Requirements
Use Spaces Required
Automotive Uses
Auto and/or vehicle sales with or without
service department (includes all motorized
vehicles, e.g., trucks, motorcycles,
recreational vehicles, boats)
1 space/300 square feet GFA (minimum 3) +
1 space/5,000 square feet outdoor display area
Required spaces cannot be used for display or sales
Automobile Rental Agency 1 space per 300 square feet of GFA plus 1 space per rental vehicle Automotive Repair 3 spaces per bay
Automobile / RV Storage Yard 1 space per 400 square feet of GFA plus 1 per 5,000 square feet of storage area Auto body, paint, and upholstery 3 spaces per bay
Truck and Trailer Rental 1 space per 300 square feet of GFA plus 1 per truck/trailer Commercial and Retail
Animal Hospital/Boarding/Grooming 1 space per 400 square feet of GFA Art Gallery 1 space per 300 square feet of GFA
Auctions 1 space per 300 square feet of GFA
Auctions - Livestock 1 space per 300 square feet of GFA All retail/commercial uses, unless otherwise
specified herein1
1 space/300 square feet GFA
Barber, Beauty , Nail Salon 2 spaces per station
Carwash – Full Service
1 space per 300 square feet of sales, office, or waiting area, plus a 5-space stacking lane per washing station
Carwash – Self Service 1 space per vacuum station or wash stall Dry Cleaner /Tailor 1 space per 300 square feet of GFA
Contractor’s yard or equipment storage yard 1 space/2,000 square feet of lot or building site area Farmers Market / Swap Meet 1 space per 1,000 square feet of lot area Food Locker 1 space per 500 square feet of GFA
Furniture, hardware and household appliance
sales
1 space/400 square feet GFA
General Retail 1 space per 300 square feet of GFA
Gas Station/ Convenience Store 1 space per 300 square feet of GFA Hotels and motels
1 space/guest room +
2 additional spaces if resident manager’s quarters are provided Laundry – Commercial 1 space per 250 square feet of GFA

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-4 Off-Street Parking and Loading Use Spaces Required
Laundry – Self Serve 1 space per 3 washing machines
Lumber yards
1 space/400 square feet retail sales floor area +
1 space/5,000 square feet storage yard area, including storage buildings Mobile Home Sales
1 space/300 square feet GFA (minimum 3) +
1 space/5,000 square feet outdoor display area
Plant Nursery 1 space per 500 square feet of GFA
Recreational vehicle storage yard
1 space/400 square feet GFA +
1 space/10,000 square feet of yard area
Restaurants, bars and other establishments
for the sale and on-site consumption of food
and/or beverage1,2
1 space/80 square feet of dining/open customer area +
1 space/200 square feet of all remaining floor area +
1 space/200 square feet outdoor dining or customer area Repair Services-small appliances 1 space/300 square feet GFA Shopping center (a commercial development
with 3 or more separate businesses utilizing a
shared parking area)
1 space per 300 square feet of GFA up to 20,000 square feet + 1 space per 1000 square feet of GFA over 20,000 square feet Tattoo Parlor /Body Piercing 2 spaces per station
Food and Beverage Uses
Banquet Facility /Event Center 1 space per 200 square feet of GFA Bar/Nightclub/Lounge
Greater of: 1 space/3 seats or 10 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf
Brewpub/Taproom/Wine Bar/Micro
Distillery
Greater of: 1 space/3 seats or 6 spaces/1,000 sf, plus 1 per 150 sf of outdoor dining and seating area over 450 sf
Catering Facility 1 space per 400 square feet of GFA
Restaurant, Dine-In and Take-Out2
1 space/80 square feet of dining/open customer area +
1 space/200 square feet of all remaining floor area +
1 space/200 square feet outdoor dining or customer area Restaurant, Drive-Thru Only 1 space per 300 square feet of GFA Industrial
Commercial Solar Field A minimum of 4 spaces
Communication Facility 3 spaces/1,000 sf of office space, plus 1 space/service or fleet vehicle Contractor’s yard or equipment storage yard 1 space/2,000 square feet of lot or building site area Hazardous Waste Facility 1 space/employee, plus space to accommodate all service trucks/ vehicles Heavy Equipment Repair 2 spaces per bay
Manufacturing, general

1.5 space/1,000 square feet GFA - first 40,000 square feet 1 space/2,500 square feet GFA over 40,000 square feet
Includes up to 15% GFA office - parking for office area greater than 15% GFA

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-5 Off-Street Parking and Loading Use Spaces Required
shall be provided at 1 space/300 square feet
Mine or Quarry
A minimum of 4 spaces
Mini /Self-Storage
Mini-storage office: 1 for each 250 sq. ft. of office area with 4 minimum Additional requirements:
• A parking lane shall be provided adjacent to the storage structure’s openings that is a minimum of 9 feet in width and outlined (painted). The parking lane is for temporary parking only (30 minutes maximum) and this time restriction shall be clearly marked with signs.
• Driveways adjacent to the parking lane shall be a minimum width of 15 feet for one-way and 26 feet for two-way.

Recycling Facility
1 space for each 4,000 square feet of outdoor storage of material or 1 space for 250 square feet of office space or 1 space for each 500 square feet of indoor storage, whichever is greater
Research and Development
1 space per 500 square feet of GFA
Salvage Yard
1 space per 5,000 square feet of lot area
Transportation Facility
1 space per 1,000 square feet of
Warehouses
1 space/1,000 square feet GFA for first 20,000 square feet + 1 space/5,000 square feet GFA for 20,001 to 40,000 square feet + 1 space/10,000 square feet GFA for over 40,000 square feet Includes up to 15% GFA office - parking for office area greater than 15% GFA shall be provided at 1 space/300 square feet
C. Institutional
Funeral Home, Cemeteries and Mausoleums 1 space per 50 square feet of GFA, Colleges and universities3
1 space/employee maximum shift +
1 space/every 2 students +
supply loading and unloading area
Community Center 1 space/4 fixed seats, or 1 space/40 sf of assembly area if no fixed seats Day care centers and nursery schools
1 space/employee +
1 space/6 children enrolled
Hospitals
1 space/patient bed +
1 space/employee on maximum shift +
Low Barrier Navigation Center 1 space per 1,000 square feet of GFA Residential /Community care facilities
1space per two patient/resident beds plus 0.5 space/patient or resident bed + 1 space per /employee +
Supportive /Transitional Housing 1 space per two resident beds

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-6 Off-Street Parking and Loading Use Spaces Required
Elementary and junior high3
1 space/employee +
10 visitor spaces (minimum)+
designated drop-off area and
supply loading/unloading area
High school3
1 space/employee on maximum shift +
1 space/every 4 students (enrollment capacity) +
10 visitor spaces (minimum) +
designated drop-off area and
supply loading/unloading area
Vocation/trade schools
1 space/employee on maximum shift +
1 space/every 1.6 students over 16 years of age
D. Office and Professional
General business offices including
government offices (unless otherwise
specified herein)
1 space/300 square feet GFA (4 minimum)
Medical and dental offices including
chiropractic and osteopathic offices and
massage establishments
1 space/250 square feet GFA (4 minimum)
Photo Studio 1space per 300 square feet of GFA
E. Public Assembly
Auditoriums, and stadiums and sports arena
1 space/4 fixed seats.

If no fixed seating, 1 space/40 square feet of principal assembly area Religious Facilities, Churches, lodges (not
containing sleeping quarters), mortuaries and
funeral homes
1 space/4 fixed seats.

If no fixed seating, 1 space/40 square feet of principal assembly area Theaters, motion picture and live
performance
1 space/4 fixed seats.

If no fixed seating, 1 space/40 square feet of principal assembly area F. Public Facilities
Library 1 space/500 square feet GFA
Museums 1 space/500 square feet GFA
G. Recreational Facilities
Amusement centers
1 space/300 square feet GFA +
1 space per 1,000 square feet of outdoor amusement area Athletic and health clubs 1 space/250 square feet GFA
BMX, Motocross, Go Carts 1 per 6 seats of 1 per 30 sf of GFA if no permanent seats Bowling alleys
2 spaces/lane +
1 space/40 square feet of principal assembly area

Page 344 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-7 Off-Street Parking and Loading Use Spaces Required
Campground 1 space per campsite
Dance hall or assembly area
1 space/4 fixed seats +
1 space/75 square feet seating area without fixed seats Golf courses, full-size
5 spaces/hole +
1 space/200 square feet of pro shop floor area
Miniature golf course 3 spaces/hole
Park, Skate Park 5 spaces per acre
Pool hall
2 spaces/pool table +
1 space/250 square feet of public assembly area
Recording and Sound Studios 1 space per 300 square feet of GFA Recreational Vehicle Park 1 space per RV site
Shooting Range 1 space per shooting station
Skating Rink – Ice or Roller
1 for each 3 fixed seats and for each 20 sq. ft. of seating area where there are no fixed seats; and 1 for each 250 sq. ft. of skating area Swimming Pool 2 spaces per 1,000 square feet of pool area Tennis Courts 3 spaces per court
H. Residential
Bed and Breakfast 1 per guest room
Clubs and boarding houses
1 space/guest room or suite, OR
1 space/each 2 beds, whichever is greater +
1 space/employee on maximum shift
Live/Work
1 space per 500 square feet of non-residential area plus 1 space per dwelling unit
Multi-Family dwellings4
1 covered space/dwelling unit +
1 open space/dwelling unit
Mobile Home Park See Chapter 19.124 (Mobile Home and Special Occupancy Parks) Single Family dwelling 2 paved spaces per /dwelling
Single Room Occupancy 1 space per two units
GFA = Gross floor area
Notes:
1 Additional parking shall not be required for restaurants, theaters, physical fitness centers (health clubs) and establishments for the sale and on-site consumption of food and beverages, or group assembly, if they are established within a commercial complex which meets the parking requirements established in Table 19.82.050-1, and they occupy no more than 33 percent of the gross floor area of said complex. Where such facilities exceed 33 percent of commercial complex floor area, or where the required number of parking is not otherwise provided, additional on-site parking shall be provided per the requirements of Table

19.82.050-1.

Page 345 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-8 Off-Street Parking and Loading 2 Where drive-through service is provided, the number of required parking spaces may be reduced by one parking space for each four stacking spaces provided in the drive-through lanes. A stacking space is defined as an unobstructed space measuring 10 feet by 20 feet in a drive-through lane intended as a motor vehicle waiting space that does not block other driveway access. 3 Where such uses include facilities for public assembly, such as gymnasiums, sports arenas or stadiums, additional parking spaces shall be required in the amount of one space for each five fixed seats or 40 square feet of assembly area, whichever results in the greater number of parking spaces. Such additional parking may be temporary, e.g., athletic fields or other on-site open areas suitable for parking. Also see Section 19.82.080 (Reciprocal Parking Facilities). 4 One recreational vehicle (RV) storage space must be provided for each 20 dwelling units, or fraction thereof, or for each 20 guest rooms, or fraction thereof, located on a lot or building site. Projects of 10 or fewer dwelling units or 10 or fewer guest rooms are exempt from this requirement. Such spaces shall be not less than 12 x 36 10 feet by 20 feet in size. At least one of the RV spaces shall be not less than 10 feet by 30 feet in size.

Page 346 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-9 Off-Street Parking and Loading

19.82.060 Shared or Unspecified Uses
A. When any use or the number of parking spaces required therefore is not specified herein, the number of parking spaces required for any such use shall be determined in accordance with the conditions imposed as a result of project review. To implement this Section, the applicant shall provide analyses as part of a Site Plan Review to demonstrate that the proposed uses are noncompeting uses, competing uses, and/or unspecified uses as set forth below.

1. Noncompeting Uses. In mixed-use or multiple-tenant commercial and office developments, applicants may request a reduction in parking requirements based on an analysis of peak demands for noncompeting uses. Up to 75 percent of the requirements for the primary use (based on floor area and/parking demand), may be waived by the Planning Commission if the applicant can demonstrate that the peak demands for two uses do not overlap. An applicant may use the latest peak demand analyses published by the Institute of Traffic Engineers (ITE) or other source acceptable to the Planning Commission.

2. Competing Uses. In mixed-use or multiple-tenant developments, applicants may propose a reduction in parking requirements where peak demands for the proposed and/or existing uses overlap. In these cases, the approving authority may reduce the combined parking requirements by no more than 30 percent.

3. Unspecified Uses. Calculations for required off-street parking as set forth in this Subsection shall involve the following calculations. First, a baseline number of parking spaces shall be calculated in accordance with the parking schedule in Table 19.82.050-1 for specified uses, or as determined acceptable by the approving authority based on a parking study prepared by the applicant. The approving authority shall then establish a final number of spaces required for the project or use based on the information provided and the approving authority’s review of the specific use(s) and the ability of the site to adequately accommodate the required number of spaces. Proposed reductions in the baseline number of spaces to be provided may be approved by the approving authority subject to the review and approval of a Site Plan Review Permit. Alternately, the number of spaces required may be approved through any individual requirement or combination of requirements found in 19.82.050 (Number of Parking Spaces Required).

B. Approving modifications, as set forth in Subsection 19.82.060.A, shall require the approving authority to make at least one of the following findings:

1. A surplus of spaces on a particular site will benefit the land use district in which the subject property is located as a whole by providing off-site sharing opportunities for other sites in the land use district.

2. The techniques for reduction of the number of off-street or on-site parking spaces available to the applicant are infeasible or would impose an undue hardship on the applicant.

3. Approval of the requested reduction will facilitate the implementation of the policies of the General Plan, or any affected Specific Plan or Planned Development.

Page 347 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-10 Off-Street Parking and Loading

19.82.070 Design and Construction of Facilities
The design and construction of all parking facilities shall be in conformance with the criteria set forth herein unless specifically exempted from the provisions of this Chapter.

A. Parking Stall Dimensions. Parking stall dimensions shall be as set forth in Table 19.82.070-1 (Parking Stall Dimensions).

Table 19.82.070-1
Parking Stall Dimensions
Type of Stall Minimum Size Notes

1. Standard
Open Parking 9' x 19'
Garage or Carport 10' x 20'
Parallel Parking 8' x 22'

2. Handicapped 14' x 19' As required by Title 24, California Code of Regulation

3. Recreational Vehicle 12' x 36'
Note: Parking stalls which abut a wall or curb more than 8 inches in height on one side shall be increased in stall width by 2 feet.

B. Dimensions for Various Parking Configurations. Dimensions for parking lots shall be as set forth in Table 19.82.070-2 (Dimensions for Parking Configurations) and Exhibit A (Dimensions for Parking Configurations).

Table 19.82.070-2
Dimensions for Parking Configurations
Aisle Width (A) Single Bay (N) Double Bay (P)
Angle of
Parking
Stall
Width1
(W)
Stall
Length
(L)
Stall
Depth (D) one way two way one way two way one way two way 45 Degrees 9.0 12.7 19.8 13 2624 32.8 43.8 52.6 63.6
60 Degrees 9.0 10.4 21 18 2624 39 45 60 66
90 Degrees 9.0 9.0 19 24 26 43 45 62 64
1Parking stall width of 10 feet is recommended for 35 percent of required spaces.

Page 348 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-11 Off-Street Parking and Loading Exhibit A
Dimensions for Parking Configurations
C. Required Access Drive Widths. Access drive widths shall be as set forth in Table 19.82.070-3 (Required Access Drive Widths).

Table 19.82.070-3
Required Access Drive Widths
Land Use or Type of Access Minimum Driveway Width
Single-family dwelling or duplex1,2 16 feet
Detached garage or parking located in rear yard for single-family dwelling 12 feet One-way access drive (for all uses other than single-family dwelling and duplex) 20 feet Two-way access drive (for all uses other than single-family dwelling and duplex) 2625 feet Two-way truck access for commercial and industrial sites3 30 feet 1Driveway access to residences which are over 150 feet in length shall provide a minimum 20-foot-wide drive aisle to accommodate emergency vehicles for the length of the driveway. 2Where a garage entrance is located more than 100 feet from a paved roadway, an alternate driveway surface may be allowed between the garage and/or parking area and a point 100 feet from the edge of the paved right-of-way. Where no driveway surface or a driveway using an alternate surface is allowed, a permanent concrete/asphaltic surface at least 20 feet by 20 feet shall be installed adjacent to the entrance to the garage. When a property fronts an unpaved right-of-way, no permanent driveway surface is required.
3A wider driveway standard may be required by the City Engineer during project review where determined necessary for the protection of the public health and safety.

Page 349 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-12 Off-Street Parking and Loading D. Marking.

1. All paved parking stalls shall be clearly marked by painted (or other easily distinguished and durable material) pavement striping or other easily distinguished and durable material.

2. Entrances, exits, and aisles shall be clearly marked with arrows painted on the parking lot surface and/or with appropriate signage.

E. Wheel Stops. For all parking spaces/stalls located at the outside border of a parking area and not separated by a fence, wall, or concrete curb from any abutting property line, drive aisle, street, alley or undeveloped area by a landscape planter, a minimum of 4 feet in width shall be protected by either a raised concrete curb or permanent wheel stops.

F. Driveway Slopes. No driveway, or portion thereof, shall have a slope exceeding 20 percent. No driveway, or portion thereof, shall have a dip, hump or other surface irregularity that has an angle of approach or departure exceeding 10 percent.

G. Location.

1. All off-street parking required by this Chapter shall be located on the same lot as the use it is designed to serve, unless otherwise approved as follows:
a. Off-site parking shall be subject to Site Plan Review. b. Each off-site parking space shall be no more than 300 feet from an entrance to the use it serves, except where otherwise approved by the Planning Commission based on the nature of the specific use and its location.
c. The applicant shall provide a recordable instrument guaranteeing use of such parking facility for the benefit of the property and its use(s) for the duration of the use(s) for which the parking is provided. Said instrument shall be approved by the City Attorney and, upon approval, shall be recorded in the County Recorder’s Office as a deed restriction on all subject properties.

2. Each parking space must be accessible from a street or alley, provided that no parking space shall be designed to require that vehicles back into a street, except for parking spaces that serve a oneor two-family dwelling unit in the RL, RS, RM or OSR land use districts.

3. Each parking space required for a residential use is to be located within 150 feet of the entrance to the dwelling unit, excluding the vertical distance required to reach the entrances of dwelling units on upper floors.

4. Any garage accessory to the following uses which is required to provide the number of mandatory spaces for the use must be located in a manner as to provide a clear space of at least 20 feet between the garage entrance and the front or street-side property line:

Page 350 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-13 Off-Street Parking and Loading a. One- or two-family dwellings.
b. Multiple dwellings where the garage faces a street.

H. Parking for the Physically Handicapped. Parking spaces specifically designated and conveniently located for the use of the handicapped shall be provided in accordance with current regulations administered by the Building Department.

I. Screening. Parking areas shall be located and screened as follows:

1. Adjacent to a residential land use district. Wherever a parking lot for a commercial, industrial or institutional development abuts or is adjacent to the side or rear property line of a residential zone, the parking lot shall be screened by a solid masonry wall not less than 6 feet in height. If the parking lot abuts or adjoins the front property line in a residential zone, the wall shall be reduced in height to 4 feet.

2. Wall design. All required screen walls shall incorporate pilasters set at a maximum separation of 30 feet, caps, and a painted or plastered finish. The colors and style of the wall shall be compatible with related on-site buildings and shall be designed and constructed to require minimal maintenance.

3. Exemptions.
a. No such wall or berm need be provided wherever the elevation of that portion of the parking area abutting property located in a residential district is 6 feet or more below the elevation of the abutting property at the common property line.
b. No such wall or berm need be provided along a side property line when the side yard is used for access to a parking area in the same zoning district as the primary use. A landscaped area not less than 4 feet in width shall be provided abutting the property line in lieu thereof. Such a landscaped area shall be planted with trees and shrubs of a size and in such a manner that they will provide a screening effect in compliance with the provisions of this Section.

J. Landscaping. For newly created parking lots or parking areas adjacent to a public right-of-way in the commercial districts (CG, CO, CT and CN), a minimum 6-foot-wide landscaped area shall separate parking areas from the street or public sidewalk.

K. Sight Distance.

1. To prevent the hood of a vehicle from obscuring the driver’s view of pedestrians and vehicles as illustrated in Exhibit B, a driveway on a slope rising up to a public right-of-way shall have a transition section not less than 16 feet in length with a slope not exceeding 5 percent ending at the property line (or ultimate right-of-way line if established by the General Plan or a Specific Plan).

Page 351 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-14 Off-Street Parking and Loading

2. Landscaping, cut banks, fences, walls, and other man-made improvements which exceed a height of 30 inches shall not be permitted or maintained within the clear sight triangle.

L. Lighting Requirements.

1. Lighting shall be provided in accordance with Chapter 19.78 (Lighting Standards).

2. Light standards shall have a design compatible with the architectural style of related building.

M. Paving Standards.

1. All parking areas, including access ways thereto, for the following, shall be paved:
a. All development in the General Commercial (CG), Office Commercial (CO), Neighborhood Commercial (CN), Tourist Commercial (CT), Service Commercial (CS) and Community Industrial (IC) land use districts.
b. Single-family residential development in the RS-4, RS-3 and RS-2 land use districts. c. All development in the Multi-family (RM) and High Density (RH) Residential land use districts.

Page 352 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-15 Off-Street Parking and Loading d. All institutional and public uses, regardless of zoning designation, except as otherwise determined appropriate pursuant to a Site Plan Review approved by the Planning Commission.

2. Paving shall not be required for projects in the following land use districts if it can be demonstrated that the area will be appropriately treated to contain wind and soil erosion with a durable and easily distinguishable material, and if appropriate facilities are provided to safely and adequately accommodate handicap access, traffic and circulation:
a. Commercial development in the Tourist Commercial (CT) land use district. b. Residential development in the Rural Living (RL), Open Space Residential (OSR), RS-1 and RS-E land use districts. Paving shall not be required for RV parking spaces, where required. c. In any land use district, subject to approval by the Planning Commission, which is subject to approval of a Site Plan Review, the Planning Commission finds that an alternative surface is allowed, will provided that it is an equivalent durable and easily distinguishable surface ing material. In all instances the parking area shall be separated from adjacent landscaped or natural areas by a vehicle barrier, concrete curb or wheel stop. All such parking areas shall meet the minimum standards for parking space and drive aisle dimensions as set forth in this Chapter. Where such parking area access is directly upon a paved public street, the parking lot shall provide a minimum 10-foot deep concrete or asphalt apron at all entrances to the lot from the street.

19.82.080 Reciprocal Parking Facilities
Joint use of parking facilities for two or more uses may only be allowed with approval of an Site Plan Review application, pursuant to Chapter 19.36 (Site Plan Review) or other discretionary approval where required when the parties sharing the parking facility provide a recordable document which demonstrates that:

A. The hours of parking demand for the uses do not overlap pursuant to Section 19.82.060 (Shared or Unspecified Uses).

B. The parking facility provides a total number of spaces sufficient to meeting the peak parking demand of any combination of simultaneous uses.

C. Upon approval, the document shall be recorded in the County Recorder’s Office as a Deed Restriction on all properties subject to the agreement.

19.82.090 Loading Space Requirements
A. All office, commercial and industrial uses (activities) shall provide a loading space as specified in Table 19.82.090-1 (Required Number of Loading Spaces) and 19.82.090-2 (Minimum Loading Space Dimensions). If, during project review, it can be determined that a loading area can reasonably be shared by more than one use, a shared loading area shall be approved in lieu of one per use.

Page 353 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-16 Off-Street Parking and Loading

Page 354 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-17 Off-Street Parking and Loading Table 19.82.090-1
Required Number of Loading Spaces
Required Number of Loading Spaces
per Use
Required Loading Spaces
Type
(see Table 19.82.090-2)
Automobile or vehicle sales and service 1 space Tractor trailer Automobile or vehicle parts and service 1 space Truck
Hospital, residential care, nursing home from 10,000–50,000 square feet, 1 space Van over 50,000 square feet, 1 space Truck
Hotels and motels from 10,000–50,000 square feet, 1 space Van over 50,000 square feet, 1 space Truck
Manufacturing, warehousing, industrial uses from 5,000–30,000 square feet, 1 space; and Truck 1 additional space for each additional 30,000
square feet
Tractor trailer
Medical or dental office, clinic or laboratory over 5,000 square feet GFA, 1 space Van Professional office from 5,000 to 50,000 square feet, 1 space Van over 50,000 square feet, 1 space Truck
Public buildings, schools, colleges, theaters,
similar public assembly uses
1 space, plus additional spaces as required by
project review
Van
Day care centers 1 space Van
up to 10,000 square feet, 1 space Truck
10,001–30,000 square feet, 1 space Tractor trailer
30,001–90,000 square feet, 2 spaces Tractor trailer
Retail and service commercial use
over 90,000 square feet, 2 spaces plus 2
additional space for each additional 50,000
square feet
Tractor trailer
Restaurants/bars 1 space Truck
Gasoline service stations 1 space Tractor trailer

Page 355 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-18 Off-Street Parking and Loading B. Loading zone bays shall be located as close as possible to loading doors.

C. Supermarkets, hardware stores, building supplies, and similar uses may have specific requirements.

D. If individual uses on the same site or lot have a floor area less than that for which loading spaces would be required, then the total gross floor area of all uses on the site or lot shall be used to determine the required number of loading spaces.

E. Variations in the size, number and/or location of required loading spaces may be reviewed and approved by the approval authority on a case-by-case basis following the submission of supporting traffic, parking or loading information, study or analysis. On-site parking drive aisles, parking bays, and/or driveways may be utilized for the required loading area when determined by the approving authority that the hours of business operations and the availability of the required loading space will not conflict, and the loading/unloading activity can be conducted in a safe manner. In no case shall such loading area be utilized for a period exceeding two hours. Such space(s) shall be signed identifying the dual use purpose of the space.

Table 19.82.090-2
Minimum Loading Space Dimensions
Type of Loading Space Width Length Overhead Clearance
Van 12 feet 19 feet 10 feet
Truck 12 feet 45 feet 14 feet
Tractor trailer 12 feet 70 feet 14 feet

19.82.100 Parking in Private Driveway or on Private Property A. It shall be unlawful for any person to park or stand a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading or unloading, in or upon a private driveway (paved or unpaved) or in or upon private property (paved or unpaved) without the express or implied consent of the property owner or person in lawful possession of such driveway or property.

B. Vehicles parked upon a property without the property owner’s permission or vehicles considered to be illegally parked on any parking lot or any private parking area shall be reported by the owner or manager of such parking lot or private parking area to the sheriff’s office or the City’s Code Enforcement Division for issuance of an appropriate parking citation. Any sheriff’s officer, any employee of the City or any person designated by the City Manager to give such notices as part of their official duties is hereby empowered to issue an appropriate parking citation or summons and complaint under this Code.

Page 356 of 418 ends

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-19 Off-Street Parking and Loading

Page 357 of 418 ends

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Page 360 of 418 ends

STAFF REPORT
TO: City Council
FROM: City Clerk
FOR MEETING: Aug 22 2023
SUBJECT: Designation of Voting Delegate and Alternate for the League of California Cities' Annual Conference.

RECOMMENDATION:

The City Council designate a Delegate and Alternate Delegate for the League of California Cities' Annual Conference.

ORDER OF PROCEDURE:

Request Staff Report (City Clerk Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of the Motion
Call the Question (roll call or voice vote)
ATTACHMENTS:
• Annual Conference General
Assembly
BACKGROUND:

The Cal Cities' Annual Conference and Expo is scheduled to be held in Sacramento September 20-22, 2023.

Every year, the League of California Cities convenes a member-driven General Assembly. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. The General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. The appointed voting delegate plays an important role during the General Assembly by representing our City and voting on Resolutions. The City Council must officially select a delegate and an alternate delegate in order for Twentynine Palms to vote on the Resolutions presented during the General Assembly.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to select a delegate or alternate to vote on the Resolutions at the business meeting.

FISCAL IMPACT:

N/A Page 361 of 418

LEAGUE OF

CALIFORNIA
CITIES
How it works: Cal Cities
Resolutions and the General Assembly
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policythat erodes local control.

The resolutions process and General Assembly is one way that city of?cials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes of?cial Cal Cities policy. Here's how Resolutions and the General Assembly works.

Prior to the Annual Conference and Expo
General Resolutions
1 Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence of at least ?ve additional member cities or individual members.

Policy Committees
...TheCat Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
—->
During the Annual Conference and Expo 1
Resolutions Committee
... The Resolutions Committee
considers all resolutions.

General Resolutions approved‘
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disquali?ed?
General Assembly 1
During the General Assembly, voting delegates
debate andconsider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Petitioned Resolutions
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from lO% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

What's new in 2023?
- Voting delegates willreceive increased communications to prepare «
them for their role dun'ng the General Assembly.
- The General Assembly willtake place earlier to allow more time for debate and discussion.
‘ ‘
- Improvements to the General Assembly process willmake it easier for voting delegates to discuss and debate resolutions.
‘The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 7 Petitioned Resolutions may be disqualified by the ResolutionsCommittee according to Cal Cities Bylaws Article VI.Sec. Slf).

For more information visit www.calcities.org/general-assembly Who's who
Cal Cities policy
development is a member-informed
process, grounded
in the voices and
experiences of city
of?cials throughout
the state.

The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee. as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the ‘
collective body of
all voting delegates ——
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on billsand regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division.
municipal department,
as well as individuals
appointed by the Cal
Cities president.

Page 362 of 418 ends

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Aug 22 2023
SUBJECT: Portable Shower Facilities.

RECOMMENDATION:

The Housing/Homeless Advisory Committee recommends the City Council authorize the City Manager to purchase a portable shower unit, and to enter into an agreement with non-profit agencies within the City for its use to serve the homeless population.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Mobile Shower Proposal
BACKGROUND:

Pastor Mike Maddy, of the Shadow Mountain Community Church, made a request of the City Manager to purchase a mobile shower to service the homeless population of the City of Twentynine Palms. This proposal was brought before the Housing and Homeless Committee on August 1st, and the Committee voted in the affirmative to refer this proposal to the City Council with a recommendation to purchase the mobile shower units.

According to the proposal, the City would own the shower units, and Shadow Mountain Community Church would 'manage and organize the shower outreach for the homeless population within City limits.' The shower units would then be transported to other churches within the City on a weekly basis.

Staff has concerns on this proposal, particularly with regards to maintenance, supplies, insurance, effluent disposal, and creating a homeless gathering spot which will be addressed in the agreement. Should the City Council vote to proceed with this proposal, it would then authorize the City Manager to address these concerns and any other concerns that are brought up during discussion.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

Page 363 of 418 ends

The City Council could choose not to move forward with the purchase of the mobile shower facilities.

FISCAL IMPACT:

Mobile shower facilities will have an upfront cost of $15,000, with unknown maintenance, supply, and insurance costs, which will be the responsibility of the operator.

Page 364 of 418 ends

Pastor Mike Maddy
Twentynine Palms Campus
6414 Split Rock Ave,
Twentynine Palms, CA 92277
Aten�on City Manager Frank Luckino
City of Twentynine Palms
6136 Adobe Rd,
Twentynine Palms, CA 92277

Proposal to purchase a mobile shower for the homeless population in Twentynine Palms.

Shadow Mountain Community Church (SMCC) is offering to manage and organize the mobile shower outreach for the homeless population in the city limits. It will house and secure the mobile unit on campus when not in use. SMCC will arrange for the shower to be offered to the homeless population once a week. SMCC will manage and coordinate the schedule for other churches to participate in serving the homeless population.

The mobile shower will be transported to different church locations and places where homeless people congregate. The schedule will be shared with any city agency that chooses to have the schedule.

The expectation from the city of Twentynine Palms is to purchase the mobile unit. At any time that SMCC does not feel it can fulfill the weekly schedule, it will inform the city and advise what should be done with the shower.

Churches in the city of Twentynine Palms that will be contacted to assist in this venture are Set Free Church, Palms Baptist, The Sanctuary, and Little Church of the Desert.

Please feel to contact Pastor Mike Maddy with any ques�ons. 805-748-5500 [email protected]
Warm Regards,
Mike Maddy

Page 365 of 418 ends

Page 366 of 418 ends

STAFF REPORT
TO: City Council
FROM: Director of Marketing
FOR MEETING: Aug 22 2023
SUBJECT: Tourism Business Improvement District (TBID).

RECOMMENDATION:

The City Council:

1. Approve the TBID's Annual Report and Marketing Plan & Budget for Fiscal Year 2023-2024

2. Adopt Resolution No. ____ confirming the intention to levy an assessment for Fiscal Year 2023-2024 ORDER OF PROCEDURE:

Request Staff Report (TBID Marketing Director
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• Visit 29 Palms TBID Annual
Report FY 22-23
• Visit 29 Palms TBID Marketing
Plan & Budget FY 23-24
• Ord No 00278
• Resolution No. 23- ___ TBID
• TOT analysis
BACKGROUND:

The Parking and Business Improvement Area Law of 1989 (Section 36500 et. seq., of the California Streets and Highways Code) authorizes cities to establish business improvement areas for the purposes of promoting tourism. In accordance with the Parking and Business Improvement Area Law of 1989, City Staff established the Twentynine Palms Tourism Business Improvement District (TBID) to levy and collect assessments from all hotels, motels, and vacation home rentals, and any other business providing transient occupancies and subject to the City's Transient Occupancy Tax (TOT), within the boundaries of the City, to raise funds to promote tourism within the City.

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The TBID is managed by an Advisory Board, which was appointed by City Council. The Advisory Board is required to submit an annual report to Council, along with a tourism marketing plan and budget to outline the efforts to be undertaken by the TBID for the ensuing fiscal year. Activities funded by the levy of assessments generally include marketing programs to promote Twentynine Palms as an overnight tourism destination, including marketing, advertising, public relations and other related activities as determined by the Advisory Board. The City Manager is authorized to make expenditures that are consistent with the annual budget approved by the Advisory Board and City Council.

The assessment is proposed to be levied on all existing and future hotel businesses within the City at a rate of 1.5% per occupied room night rate. The "room night rate" is calculated as the base room rate charged to the occupant prior to the application of the City's Transient Occupancy Tax (TOT). Note, the assessment will only apply to transient occupancies that are already subject to Transient Occupancy Tax and will be in addition to the City's TOT. For instance, a hotel room with a base room rate of $100 (not including any other taxes or fees), the TBID assessment would be 1.5% or $1.50, and the TOT would be an additional 9% or $9.00, so the total room rate with TBID assessment and TOT would be $110.50 plus any other applicable taxes and fees.

The TBID is anticipated to collect $350,000 in its seventh year of operation. Staff will spend funds raised as directed by the Advisory Board to promote tourism to Twentynine Palms as well as continue operating the City of Twentynine Palms Visitors Center. Any funds remaining at the end of any term would be used in subsequent years, subject to the requirements of the attached TBID Ordinance No. 278 which was adopted by City Council on May 23, 2017.

The City, Advisory Board, Hospitality, and City Stakeholders are planning a strategic planning session in early October to review the current marketing plan and recommend a pathway forward in marketing our destination.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to support the continuation of the TBID and the TBID assessment collections.

FISCAL IMPACT:

The proposed TBID Assessment of 1.5% on short-term stays is anticipated to be $350,000 annually.

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AUGUST
2023
Prepared and presented by the City of Twentynine Palms
Tourism Business Improvement District

ANNUAL REPORT
FY 22-23

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RAKESH MEHTA
Chair
NALINI "ASH" MAHARAJ
Vice Chair

BREANNE DUSASTRE
Director of Marketing
Visit29.org 1
The City of Twentynine Palms Tourism Business
Improvement District (TBID) was established and
branded as Visit 29 Palms in 2017 under the
Parking and Business Improvement Area Law of
1989, with the goal and objective of promoting
growth in travel and tourism in 29 Palms.

Formed through a public-private partnership
between the City of Twentynine Palms and
lodging operators and owners, Visit 29 Palms is
funded entirely through revenue generated by
the self-assessed 1.5% tourism assessment fee
that is applied to all overnight room rates at the
hotels, motels, RV resort, and vacation rentals
within the TBID’s district. The Visit 29 Palms
TBID’s district is defined by the 58 square-mile
boundary of the incorporated City of Twentynine
Palms and includes all of the lodging properties
within it, with the exception of the hotels aboard
the Twentynine Palms Marine Corp Base.

The City of Twentynine Palms’ TBID is
administered by a 5-member Advisory Board
made up of lodging owners and operators whose
members are appointed by City Council.

The TBID Advisory board oversees the
development and implementation of an annual
tourism marketing plan and budget and provides
strategic guidance and direction to the TBID staff.

TBID staff also oversee and manage the daily
operation of the 29 Palms Visitor Center.

HEIDI GRUNT
Boardmember

PATRICIA KNIGHT
Boardmember

MARIA QUINTEROS
Boardmember
TBID

ADVISORY BOARD
TBID
STAFF

VISITOR CENTER
STAFF

D'ANNE ALBERS
ABOUT VISIT 29 PALMS

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Visit29.org 2
Boasting the largest and most diverse lodging
market in the Morongo Basin, 29 Palms
welcomes over 800,000 annual overnight
visitors. From nationally branded hotels to
historic inns and motels, vacation home rentals
and the largest recreation vehicle resort, 29
Palms continues to be well positioned to meet
the needs of leisure, business, and group
travelers, offering something for every type of
traveler, on any type of budget.

Visit 29 Palms TBID
District Overview
Hotel Rooms
590+
RV Spaces
175+
480+
Permitted
vacation rentals
www.visit29.org/lodging

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Visit29.org 3

STRATEGIC GOALS
+ Increase awareness and build interest in 29 Palms
as a tourism destination in order to drive overnight
room demand for lodging partners.
+ Support the growth of local and regional
signature events and seek partnership
opportunities to bring new events to the city.
+ Establish the city as a destination that supports
sustainability that cares for, supports, and protects
people and the planet.
+ Leverage partnership opportunities and exposure
with regional and state tourism partners.

ARTS, CULTURE, HISTORY
Unmatched access to stunning wilderness
areas and opportunities to connect with the
natural world

HEALTH AND WELLNESS
Oasis of Murals, vibrant art galleries and
studios, rich history and culture

CULINARY
Extraordinary dark night skies and astronomy
opportunities

STARGAZING & ASTRONOMY

OUTDOOR RECREATION
Joshua Tree National Park, Mojave Trails
National Monument, Mojave National Preserve
All creative tourism marketing efforts
are themed and focused around the
city's five key destination pillars:

Diverse culinary scene with growing number of
new restaurants and bars

TARGETED MARKETING
Strengthen in-state drive markets (LA, SD, OC, SF)
Grow out-of-state drive markets (AZ, NV)
Build short-haul domestic markets (OR, WA, TX)
Develop international markets (CAN, MX)

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VISIT29.ORG
Continuing to serve as Visit 29 Palms' most
powerful marketing tool, Visit29.org serves as
the one-stop site for inspiration and
information for travelers planning their visit
to 29 Palms. Backed by the power of ongoing
and targeted Google campaigns, the site
continues to see year-over-year growth in use
and engagement and continues to drive
significant referral traffic to the booking sites
of lodging properties within the district.

While use of the site continues to grow, so
too has the urgency to improve the mobile
user experience, visual storytelling
capabilities, tools for lead generation, and
digital branding style. Visit 29 Palms received
a very strong response to its RFP for
professional web agency services and is
proud to be partnering with Simpleview for
the development of a fully redesigned
tourism website.
88,885
Visit29.org 4
203,358
9,121

UNIQUE SITE USERS

PAGEVIEWS

OUTBOUND LODGING

LINK CLICKS
+12.5% Q3 YTD vs 21-22 FY
+14.4% Q3 YTD vs 21-22 FY
+20.5% Q3 YTD vs 21-22 FY

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Visit29.org 5

PAID SEARCH & SMART DISPLAY CAMPAIGNS
The deployment of paid search and smart display campaigns with Google continue to be instrumental in catapulting the visibility of Visit29.org and channeling a steady stream of engagement and targeted, timely traffic to the site.

Search engine marketing efforts with Google accounts for nearly 25% of site traffic. 36,600 2.41%

CLICKS CTR
+3% vs previous year +29% vs previous year
CPC
$0.33
-8% vs previous year

SOCIAL MEDIA

ORGANIC REACH
480,210
+14% vs previous year
360,085

PAID REACH
+7% vs previous year

3.36%
CTR
-3.7% vs previous year
Leveraging Facebook, Instagram, Twitter, and TikTok, Visit 29 Palms crafts a dynamic connection with travelers, inspiring them to explore. Social media's expansive reach and visual appeal offer an unparalleled canvas to showcase the allure of the destination and its attractions and experiences.

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Visit29.org 6

EARNED PRINT MEDIA
1M
printed copies
29 Palms businesses
and attractions have
earned tremendous
exposure the newly
published 2022/2023
Visit California Road
Trips Guide which
features the desert
region in one of eight
road trip itineraries.

E-NEWSLETTERS
39%

OPEN RATE
4%
CTR Delivering inspirational content and travel
planning resources to over 3,500 active
subscribers. YTD, Visit 29 Palms' subscriber
base has grown by 12% over previous year.
8% above industry avg 3% above industry avg

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Visit29.org 7
62,662
VIEWS

VIDEO DEVELOPMENT
Visit 29 Palms YouTube
YouTube Channel Trailer
:30 second destination overview
Freedom Plaza
Freedom Plaza Grand Opening
New Joshua Tree National Park Visitor Center
Adventure Itineraries
Summer Adventure
Stargazing Adventure
Mojave Trails NM - Amboy Crater
Mojave Trails NM - Cadiz Dunes Wilderness
Mojave Trails NM - Desert Training Center
Signature Events
Joshua Tree 55
Night Sky Festival
Visit 29 Palms proudly continued its sponsorship of the region's annual signature events including Night Sky Festival, Hwy 62 Open Studio Art Tours, Joshua Tree National Park Art Exposition, Vacation Races Joshua Tree Half Marathon, Joshua Tree Music Festival (Spring & Fall), Climb Smart, Joshua Tree 55 Community Cycling Event, and Pride 29.

Twentynine Palms City CouncilAugust 22, 2023

Twentynine Palms City Council
August 22, 2023