Agenda — Twentynine Palms City Council, September 26, 2023 (part 3 of 3)

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

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-7 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.

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-8 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.

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-9 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.

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-10 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.

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-11 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.

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-12 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:

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-13 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).

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-14 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.

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-15 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.

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

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-17 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

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City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.82-18 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.

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

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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Sep 26 2023
SUBJECT: DCA - Article 2, Allowable Uses - Second Reading RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance amending Article 2, Allowable Uses.

ORDER OF PROCEDURE:

Request Staff Report (Community Development
Director Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Article 2, Allowable Uses
• Article 2 Land Use Zoning
Districts draft
• Planning Commission
Resolution - Article 2, Allowable
Uses
BACKGROUND:

On July 18, 2023, The Planning Commission held a Public Hearing on a Development Code Amendment Article 2, Chapters 19.08 thru 19.26, and forwarded a recommendation to the City Council for adoption 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.

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

Program HS-9: Requires that Low Barrier Navigation Centers be added as a permitted use in the mixed use and non-residential zones. A Low Barrier Navigation Center is a facility that combines shelter for homeless individuals

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with services such as housing assistance, social services, etc. This change is reflected in Table 19.16.030-1, and in the Definitions in Chapter 19.06.

Program HS-20: Requires the addition of Employee Housing to the Development Code. This has been done in Chapter 19.12, Table 19.12.030-1 and in the Definitions in Chapter 19.06. It also requires the addition of a definition of family in Chapter 19.06, and the addition of parking requirements for emergency shelters, which has been added in Chapter 19.82, Table 19.82.050-1.

Program HS-21: Requires that the permitting process for multi-family projects in the RM and R-HD zones be amended: projects with 50 units or less will be approved by staff, and projects with more than 50 units will be processed to the Planning Commission with a Site Plan Review. These changes have been made in Chapter 19.12, Table 19.12.030-1.

Staff has also modified the Land Use Tables to define the appropriate entitlement process for each listed permitted use and has created the broad categories of General Retail and Commercial Recreation to combine similar uses into one use category.

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:

Not applicable
ALTERNATIVES:

The City Council could choose to:

1. Approve the Development Code Amendment with modifications.

2. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

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CITY OF TWENTYNINE

PALMS CITY COUNCIL
ORDINANCE NO. 307

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING ARTICLE 2 CHAPTERS 19.08 THRU 19.26,

LAND USE/ZONING DISTRICTS 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 Article 2 Chapters 19.08 thru 19.26, Land Use/Zoning Districts; 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. 307, amending Article 2 Chapters 19.08 thru 19.26, Land Use/Zoning Districts 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:

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.

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, , Article 2 Chapters 19.08 thru 19.26, Land Use/Zoning Districts, 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 approves and adopts 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 amends 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

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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. 307 was introduced by Council action on the 22nd day of August 2023.

Section 7. Effective Date. Ordinance No. 307 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 26
th day of September 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. 307, 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 26
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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Article 2: Land Use/Zoning Districts

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Article 2: Land Use/Zoning Districts
Chapter 19.08 Rural Living District (RL)

19.08.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Rural Living Land Use District, identify allowed uses and establish development standards for the district.

19.08.020 Description and Intent of Land Uses
The intent of this district is to regulate residential development of large residential parcels. The district is primarily intended for quiet and spacious single-family residential use with some areas of compatible institutional uses.

Because of the rural setting, more relaxed development standards may apply. The Rural Living Land Use District includes the following categories:

A. RL-1, which requires a minimum lot size of 1 acre.

B. RL-2.5, which requires a minimum lot size of 2.5 acres.

C. RL-5, which requires a minimum lot size of 5 acres.

19.08.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Rural Living Land Use District are listed in Table 19.08.030-1 (Allowed Land Uses and Permit Requirements). The table lists all permissible uses and 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 19.08.030-1
Allowed Land Uses and Permit Requirements
Allowed Use RL-1 RL-2.5 RL-5 Additional Requirements

RESIDENTIAL USES AND CARE FACILITIES
Single-family dwelling P P P
Gated community1 CUP CUP CUP
Planned Unit Development PUD PUD PUD
Small family day care (8 or fewer
children)
P P P Chapter 19.114 (Community Care Facilities)
Large family day care (9 to 14
children)
AUPP AUPP AUPP Chapter 19.114 (Community Care Facilities) Child day care center, commercial AUP AUP AUP Chapter 19.114 (Community Care Facilities) Residential or community care
facilities serving 6 or fewer persons
P P P
Residential or community care
facilities serving 7 or more persons
AUP AUP AUP Chapter 19.114 (Community Care Facilities)

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Congregate care facilities serving 6
or fewer persons
P P P
Congregate care facilities serving 7
or more persons
AUP AUP AUP Chapter 19.114 (Community Care Facilities)
Supportive housing/transitional
housing
P P P
Mobile home parks CUP CUP CUP Chapter 19.124 (Mobile Home and Special Occupancy Parks)
Resorts, Group Quarters and group
camps2

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

AGRICULTURAL AND RELATED USES
Row, field, and tree crops, for
noncommercial purposes3
P P P
Row, field and tree crops, for
commercial purposes3

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

CUP CUP CUP
Produce stands AUP AUP AUP
Retail nurseries CUP CUP CUP

INSTITUTIONAL USES
Cemeteries4 CUP CUP CUP
Churches, synagogues, temples
and other religious facilities4

CUP CUP CUP
Conference centers and
Organizational /Group camps4

CUP CUP CUP
Governmental facilities4 CUP CUP CUP
Hospitals4 CUP CUP CUP
School, public4 CUP CUP CUP
School, private4 CUP CUP CUP

RECREATIONAL FACILITIES
Racetracks and stadiums CUP CUP CUP
Public stables or horse boarding
facilities
CUP CUP CUP Chapter 19.102 (Animal Keeping)
Sports-oriented recreational
facilities requiring remote locations

CUP CUP CUP

TRANSIENT LODGING FACILITIES
Host home AUP AUP AUP Chapter 19.106 (Bed and Breakfast Uses)

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Bed and breakfast home AUP AUP AUP Chapter 19.106 (Bed and Breakfast Uses) Bed and breakfast inns/lodges CUP CUP CUP Chapter 19.106 (Bed and Breakfast Uses) Campgrounds and recreational
vehicle parks
CUP CUP CUP Chapter 19.124 (Mobile Home and Special
Occupancy Parks)
Vacation Home Rental VHR VHR VHR Chapter 19.41(Vacation Home Rental

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

AUP AUP AUP
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 Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1 If not reviewed as part of a subdivision application. 2Resorts, group quarters, and resort camps may only be permitted on parcels of 5 acres or more. 3For those uses which do not require large amounts of water, to be determined in consultation with the water district. 4All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.

19.08.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the Rural Living Land Use District shall be designed, constructed and established in compliance with the development standards in Table

19.08.040-1 (Development Standards).

Table 19.08.040-1
Development Standards
Standard RL-1 RL-2.5 RL-5 Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum1 0.4 0.2 0 See footnote 1.

Maximum 1 0.4 0.2

LOT SIZE AND DIMENSIONS
Minimum Lot Size 1 acre 2.5
acres
5 acres
Minimum Lot Width 100 ft. 150 ft. 200 ft.

Minimum Lot Depth 150 ft. 200 ft. 250 ft.

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

N/A N/A N/A

BUILDING FLOOR AREA RATIO
Maximum N/A N/A N/A
LOT COVERAGE- Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 25% 25% 25%
BUILDING HEIGHT (Feet)
Maximum 35 35 35 Chapter 19.68 (General Development Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum 400 400 400
OTHER REGULATIONSChapter 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 new subdivision applications received after July 1, 2016.

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Chapter 19.10 Single-Family Residential District (RS)
Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:40 [EST] (Supp. No. 17, Update 1)

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Chapter 19.10 Single-Family Residential District (RS)

19.10.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Single-Family Residential Land Use District, identify allowed uses and establish development standards for the district.

19.10.020 Description and Intent of Land Uses
The intent of this district is to regulate residential development in the single-family land use district of the City. The district is intended to create, preserve and enhance neighborhoods in a quiet neighborhood setting where permanent, one-household, residential uses are predominant. The detached dwellings and yards of single-family residential district areas allow for maximum privacy, where desired, and opportunities for outdoor living and activities. The Single-Family Residential Land Use District includes the following categories:

A. RS-4, which allows a maximum of 4 units per acre.

B. RS-3, which allows a maximum of 3 units per acre.

C. RS-2, which allows a maximum of 2 units per acre.

D. RS-1, which allows a maximum of 1 unit per acre.

E. RS-E, which allows a maximum of 1 unit per 2.5 acres.

19.10.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Single-Family Residential Land Use District are listed in Table

19.10.030-1 (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 19.10.030-1
Allowed Land Uses and Permit Requirements
Allowed Use RS-4 RS-3 RS-2 RS-1 RS-E Additional
Requirements

RESIDENTIAL USES AND CARE FACILITIES
Single-family dwelling P P P P P
Gated community1 CUP CUP CUP CUP CUP
Planned Unit
Develoment

PUD PUD PUD PUD PUD
Small family day care (8
or fewer children)
P P P P P Chapter 19.114
(Community Care
Facilities)
Large family day care (9
to 14 children)
AUP AUP AUP AUP AUP Chapter 19.114
(Community Care
Facilities)
Child day care center AUP AUP AUP AUP AUP Chapter 19.114 (Community Care

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(Supp. No. 17, Update 1)

Page 6 of 46 ends

Facilities)
Residential or
community care
facilities serving 6 or
fewer persons

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

P P P P P
Congregate care
facilities serving 7 or
more persons
AUP AUP AUP AUP AUP Chapter 19.114
(Community Care
Facilities)
Supportive and
transitional housing

P P P P P
Mobile home parks CUP CUP CUP CUP CUP Chapter 19.124 (Mobile Home and Special
Occupancy Parks)
Resorts, Group Quarters
and group camps2

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

AGRICULTURAL AND RELATED USES
Row, field, and tree
crops for
noncommercial
purposes3

P P P P P

INSTITUTIONAL USES
Cemeteries4 CUP CUP CUP CUP CUP
Churches, synagogues,
temples, and other
religious facilities4

CUP CUP CUP CUP CUP
Conference centers and
organizational camps4

CUP CUP CUP CUP CUP
Governmental facilities4 CUP CUP CUP CUP CUP
Hospitals4 CUP CUP CUP CUP CUP
School, public4 CUP CUP CUP CUP CUP
School, private4 CUP CUP CUP CUP CUP

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CULTURAL ACTIVITIES
Art galleries and studios AUP AUP AUP AUP AUP

TRANSIENT LODGING FACILITIES
Vacation Home Rental VHR VHR VHR VHR VHR Chapter 19.41 (Vacation Home Rental)

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

CUPAUP CUPAUP CUPAUP CUPAUP CUPAUP
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 Use
AUP = Administrative Use Permit
CUP = Conditional Use Permit
Notes:
1 If not reviewed as part of a subdivision application. 2Resorts, group quarters, and resort camps may only be permitted on parcels of 5 acres or more. 3For those uses which do not require large amounts of water, to be determined in consultation with the water district. 4All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.

19.10.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the Single-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.10.040-1 (Development Standards).

Table 19.10.040-1
Development Standards
Standard RS-4 RS-3 RS-2 RS-1 RS-E Additional Requirements ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum1 3 2 1 0.4 0 See footnote 1.

Maximum 4 3 2 1 0.4

LOT SIZE AND DIMENSIONS
Minimum Lot Size 7,200
sq. ft.
12,000
sq. ft.
18,000
sq. ft.
1 acre 2.5
acres
Interior lot,

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minimum
dimensions:

Width
depth
60 ft.
100 ft.
70 ft.
100 ft.
80 ft.
100 ft.
100 ft.
150 ft.
150 ft.
200 ft.

Corner lot,
minimum
dimensions:

Width
depth
70 ft.
100 ft.
80 ft.
100 ft.
90 ft.
100 ft.
150 ft.
150 ft.
150 ft.
200 ft.

Minimum Width
to Depth Ratio
1:4N/A 1:4N/A 1:4N/A 1:4N/A 1:4N/A
MINIMUM SETBACKS (Feet)
Front, First Story
and Above
25 25 25 25 25 Chapter 19.68 (General Development
Standards and Exceptions)
Side, First Story 10 10 10 15 15 Chapter 19.68 (General Development Standards and Exceptions)
Side, Second
Story and Above
20 20 20 15 15 Chapter 19.68 (General Development
Standards and Exceptions)
Street Side, First
Story
15 15 15 25 25 Chapter 19.68 (General Development
Standards and Exceptions)
Street Side,
Second Story and
Above
20 20 20 25 25 Chapter 19.68 (General Development
Standards and Exceptions)
Rear, First Story 15 20 20 20 20 Chapter 19.68 (General Development Standards and Exceptions)
Rear, Second
Story and Above
20 20 20 20 20 Chapter 19.68 (General Development
Standards and Exceptions)
Distance
Between
Buildings

N/A N/A N/A N/A N/A

BUILDING FLOOR AREA RATIO
Maximum 0.5 0.5 0.4 0.3 0.3
LOT COVERAGE - Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 40 40 40 40 40
BUILDING HEIGHT (Feet)
Maximum 35 35 35 35 35 Chapter 19.68 (General Development Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum 400 400 400 400 400

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Chapter 19.88 (Signs)
Chapter 19.90 (Dedications and Improvements)
Chapter 19.92 (Trash Storage Facilities)
Chapter 19.94 (Utilities)
1Shall only apply to new subdivision applications received after July 1, 2016.

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Chapter 19.12 Multi-Family Residential District (RM)
Twentynine Palms, California, Code of Ordinances Created: 2022-06-01 16:56:40 [EST] (Supp. No. 17, Update 1)

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Chapter 19.12 Multi-Family Residential District (RM)

19.12.010 Purpose
The purpose of this Chapter is to describe the character and intent of the Multi-Family Residential Land Use District, identify allowed uses and establish development standards for the district.

19.12.020 Description and Intent of Land Uses
This district is intended to create, preserve and enhance neighborhoods where two or more dwelling units on the same lot are predominant. The district provides an additional range of housing types to meet the varying needs of different individuals and families in the City. The densities allowed in the Multi-Family Residential Land Use District may either be part of a predominantly one-family neighborhood or an independent neighborhood, normally close to public and private transportation facilities and commercial districts or other employment and service areas.

19.12.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the Multi-Family Residential Land Use District are listed in Table

19.12.030-1 (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

Table 19.12.030-1
Allowed Land Uses and Permit Requirements
Allowed Use RM Additional Requirements

RESIDENTIAL USES AND CARE FACILITIES
Single-family dwelling P Chapter 19.69 (Residential Development Standards and Design Criteria)
Multi-family residential (10 units or
less)
P Chapter 19.69 (Residential Development Standards
and Design Criteria)
Multi-family residential (Up to 49
units 11 to 24 49 units)
AUP P Chapter 19.69 (Residential Development Standards
and Design Criteria)
Multi-family residential (25 50
units or more)
CUP
SPR
Chapter 19.69 (Residential Development Standards
and Design Criteria)
Gated community1 CUP
Planned Unit Development PUD
Small family day care (8 or fewer
children)
P Chapter 19.114 (Community Care Facilities)
Large family day care (9 to 14
children)
AUPP Chapter 19.114 (Community Care Facilities)
Child day care center AUP Chapter 19.114 (Community Care Facilities) Residential or community care
facilities serving 6 or fewer persons
P
Residential or community care AUP Chapter 19.114 (Community Care Facilities)

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facilities serving 7 or more persons
Congregate care facilities serving 6
or fewer persons
P
Congregate care facilities serving 7
or more persons
AUP Chapter 19.114 (Community Care Facilities)
Mobile home parks CUP Chapter 19.124 (Mobile Home and Special Occupancy Parks)
Single-room occupancy facilities AUP Chapter 19.136 (Single-Room Occupancy Facilities) Caretaker housing AUP
Employee Housing P
Accessory Dwelling Unit Second
dwelling unit
P Chapter 19.134 (Accessory Dwelling Unit Second
Dwelling Units)
Windmills and solar energy
collectors, noncommercial
P Chapter 19.68 (General Development Standards and
Exceptions)

INSTITUTIONAL USES
Cemeteries2 CUP
Churches, synagogues, temples,
and other religious facilities2
CUP
Organizational camps2 CUP
Governmental facilities2 CUP
Hospitals2 CUP
School, public2 CUP
School, private2 CUP
Emergency shelters2 P Chapter 19.116 (Emergency Shelters) Supportive housing/transitional
housing2
P

TRANSIENT LODGING FACILITIES
Host home AUP Chapter 19.106 (Bed and Breakfast Uses)
Bed and breakfast home CUP Chapter 19.106 (Bed and Breakfast Uses) Bed and breakfast inns/lodges CUP Chapter 19.106 (Bed and Breakfast Uses) Vacation Home Rental VHR Chapter 19.41 (Vacation Home Rental)

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- = Prohibited Use
P = Permitted
AUP = Administrative Use Permit
CUP = Conditional Use Permit
SPR = Site Plan Review
Notes:
1 If not reviewed as part of a subdivision applicaton.
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.

19.12.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the Multi-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.12.040-1 (Development Standards).

Table 19.12.040-1
Development Standards
Standard RM Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum1 4 See footnote 1.

Maximum 8 du/ac or 1 unit per
5,445 sq. ft. of lot area

LOT SIZE AND DIMENSIONS
Minimum Lot Size 10,000 sq. ft.

Minimum Lot Width Lot size of less than
1 acre - 80 ft.

Lot size of 1 acre or
more - 150 ft.

Minimum Lot Depth 125 ft.

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

BUILDING FLOOR AREA RATIO
Maximum 0.75
LOT COVERAGE - Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 60
BUILDING HEIGHT (Feet)

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Maximum 35 Chapter 19.68 (General Development
Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum2 400 See footnote 2.

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)
City of Twentynine Palms Multi-Family Design Guidelines 1Shall only apply to new subdivision applications or development project applications received after July 1, 2016. 2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).

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Chapter 19.14 High Density Residential District (R-HD)
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Chapter 19.14 High Density Residential District (R-HD)

19.14.010 Purpose
The purpose of this Chapter is to describe the character and intent of the High Density Residential Land Use District, identify allowed uses, establish development standards for the District and satisfy the requirements of the adopted Housing Element.

19.14.020 Description and Intent of Land Uses
The intent of this district is to provide for higher-intensity housing opportunities, especially apartment complexes and senior housing intended to accommodate affordable housing. The district allows an additional range of housing types to meet the varying needs of different individuals and families in the City. The higher-density residential area is generally close to public and private transportation facilities and commercial districts or other employment and service areas.

19.14.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the High Density Residential Land Use District are listed in Table

19.14.030-1 (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

Table 19.14.030-1
Allowed Land Uses and Permit Requirements
Allowed Use RHDRMAdditional Requirements

RESIDENTIAL USES AND CARE FACILITIES
Single-family residential1 -P
Multi-family residential
49 units or less
50 units or more
P
2 SPR
Chapter 19.69 (Residential Development
Standards and Design Criteria)
Gated community P
3 Small family day care (8 or fewer children) P Chapter 19.114 (Community Care Facilities) Large family day care (9 to 14 children) P AUP Chapter 19.114 (Community Care Facilities) Child day care center AUP Chapter 19.114 (Community Care Facilities) Residential or community care facilities serving 6
or fewer persons
P
Residential or community care facilities serving 7
or more persons
AUP Chapter 19.114 (Community Care Facilities)
Congregate care facilities serving 6 or fewer
persons
P
Congregate care facilities serving 7 or more
persons
AUP Chapter 19.114 (Community Care
Facilities)

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Mobile home parks CUP Chapter 19.124 (Mobile Home and Special Occupancy Parks)
Single-room occupancy facilities AUP Chapter 19.136 (Single-room Occupancy Facilities)
Caretaker housing AUP
Employee Housing P
Second dwelling unit Accessory Dwelling Unit P Chapter 19.134 (Accessory Dwelling Units Second Dwelling Units)
Vacation home rental VHRP Chapter 19.41 (Vacation Home Rental) Windmills and solar energy collectors,
noncommercial
P Chapter 19.68 (General Development Standards
and Exceptions)

INSTITUTIONAL USES
Cemeteries CUP
Churches, synagogues, temples, and other
religious facilities
CUP
Organizational camps CUP
Governmental facilities CUP
Hospitals CUP
School, public CUP
School, private CUP
Emergency shelters P Chapter 19.116 (Emergency Shelters) Supportive housing/transitional housing P

COMMUNICATION FACILITIES, TRANSPORTATION FACILITIES, AND UTILITIES Communication facilities CUP Chapter 19.140 (Telecommunication Facilities) Transportation facilities CUP
Utility and service uses and facilities AUP
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
AUP = Administrative Use Permit
CUP = Conditional Use Permit
VHRP = Vacation Home Rental Permit
Notes:
1Maximum of one unit, must be on an existing lot.
2Multifamily residential development is allowed by right as a use, subject to CEQA review (when the project is otherwise not exempt). CEQA review is of other aspects of the project besides the use. 3 If not reviewed as part of a subdivision application.

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19.14.040 Development Standards
All new land uses and structures or alterations to existing land uses and/or structures in the High Density Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.14.040-1 (Development Standards).

Table 19.14.040-1
Development Standards
Standard RM R-HD Additional Requirements
ALLOWED DENSITY (Dwelling Units per Gross Acre)
Minimum1 20 See footnote 1.

Maximum 24

LOT SIZE AND DIMENSIONS
Minimum Lot Size 10,000 sq. ft.

Minimum Lot Width Lot size of less
than 1 acre
- 80 ft.

Lot size of 1
acre or more -
150 ft.

Minimum Lot Depth 125 ft.

Minimum Width to Depth Ratio N/A
MINIMUM SETBACKS (Feet)
Front, First Story and Above 20 Chapter 19.68 (General Development Standards and Exceptions)
Side, First Story 10 Chapter 19.68 (General Development Standards and Exceptions)
Side, Second Story and Above 20 Chapter 19.68 (General Development Standards and Exceptions)
Street Side, First Story and Above 20 Chapter 19.68 (General Development Standards and Exceptions)
Rear, First Story 10 Chapter 19.68 (General Development Standards and Exceptions)
Rear, Second Story and Above 20 Chapter 19.68 (General Development Standards and Exceptions)
Distance Between Buildings 20

BUILDING FLOOR AREA RATIO
Maximum 0.75
LOT COVERAGE - Maximum percentage of the total lot area that may be covered by structures and impervious surfaces
Maximum 70
BUILDING HEIGHT (Feet)
Maximum 35 Chapter 19.68 (General Development
Standards and Exceptions)
UNIT SIZE (Square Feet)
Minimum2 400 See footnote 2.

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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)
City of Twentynine Palms Multi-Family Design Guidelines 1Shall only apply to new subdivision applications or development project applications received after April 24, 2015.2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).

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Chapter 19.16 Commercial Districts (CO, CG, CN and CT)
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Chapter 19.16 Commercial Districts (CO, CG, CN and CT)

19.16.010 Purpose
The purpose of this Chapter is to describe the character and intent of the commercial land use districts, identify allowed uses and establish development standards for the districts. The commercial land use districts are Office Commercial (CO), General Commercial (CG), Neighborhood Commercial (CN) and Tourist Commercial (CT).

The Service Commercial (CS) district is included in Chapter 19.18 with the Community Industrial (IC) district because of the nature of services and uses allowed in the district.

19.16.020 Description and Intent of Land Uses
A. Office Commercial (CO). The CO district allows for single- and multi-tenant offices, including legal, design, engineering, medical, real estate and government services. Ancillary commercial uses to support these services may be permitted, including cafes, copying services and newsstands. The CO district permits limited residential uses as means of providing opportunities for mixed-use developments.

B. General Commercial (CG). The CG land use serves as the City's primary commercial designation, allowing a broad range of commercial, retail, professional office and service-oriented businesses, including supermarkets, restaurants, hotels/motels and specialty retail stores. The Downtown commercial corridor is designated General Commercial to provide for retail and service uses in a pedestrian-friendly setting, and is subject to the requirements as set forth in the Downtown Economic Revitalization Specific Plan.

C. Neighborhood Commercial (CN).The CN land use allows limited commercial uses, typically goods aend services housed in relatively small commercial centers that serve residents of the neighboring community.

Typical uses include beauty salons, coffee shops and dry cleaners. Uses within this district are required to be compatible with their surrounding residential district(s).

D. Tourist Commercial (CT). The CT land use allows tourism-oriented uses, such as resorts, RV parks, golf courses, restaurants, gift shops, art galleries, hotels/motels and entertainment facilities, primarily intended to serve visitors of the Joshua Tree National Park and the Marine Corps Base.

19.16.030 Allowed Uses and Permit Requirements
Allowed uses and permit requirements for the commercial land use districts are provided in Table 19.16.030-1 (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 19.16.030-1
Allowed Land Uses and Permit Requirements
Use CO CG CN CT Notes

COMMERCIAL/OFFICE USES

ALCOHOL RELATED USES
Alcoholic beverage sales - Retail (Offsite consumption)all types- AUP SPR
AUP
SPR
AUP
SPR
See Chapter 19.138 (Special
Regulated Uses)

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Alcoholic beverage sales - Retail (Onsite consumption) (ABC types 42, 48)- CUP CUP CAUP See Chapter 19.138 (Special Regulated Uses)

AUTOMOTIVE RELATED SALES AND SERVICES

CO CG CN CT
Automobile rental agency AUP1 AUP - AUP1 See Chapter 19.104 (Automobile and Vehicle
Related Uses)
Automotive parts and accessories
stores
- AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Automotive repair - minor (e.g.,
brakes, tires, radiators, electrical)
- AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Automotive repair - major (e.g.,
engine and transmission
repair/rebuild)
- CUP - CUP See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Automotive stereo and sound system
installation
- AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Body, paint and upholstery shops - CUP - - See Chapter 19.104 (Automobile and Vehicle
Related Uses)
Car wash - full-service - CAUP - CUP
Car wash - self-service - AUP ACUP ACUP
Gas station CUP CUP CUP CUP
Motorcycle sales/service - CAUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Motor vehicle sales, new and used - CAUP - - See Chapter 19.104 (Automobile and Vehicle
Related Uses)
Motor vehicle storage:

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

AUP AUP AUP AUP
Parking: commercial lot/garage
(more than 50 spaces)

AUP AUP - AUP
Towing service (with tow truck
parking; no auto storage)
- AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Trailer and mobile home sales and
rental
- CAUP - - See Chapter 19.104
(Automobile and Vehicle

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Related Uses)
Truck and trailer rental - AUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)

DAY CARE FACILITIES
Commercial day care, large (8 or
more children)
AUP AUP AUP AUP1 See Chapter 19.114
(Community Care Facilities)
CO CG Cn CT
Commercial daycare, small (fewer
than 8 children)
AUP
SPR

P SPR P SPR P
1 SPR
See Chapter 19.114
(Community Care Facilities)

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

With drive-through
Without drive-through
CUP
AUP
AUP
SPR
CAUP
AUP
CAUP
AUP
See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Restaurants (sit-down/full-service) AUPP P
AUP
P
AUP
P
AUP

ENTERTAINMENT AND RECREATION
Adult-oriented business - - - - See Chapter 19.100 (AdultOriented Businesses) Amusement park (including
simulated racing, e.g., slick track,
dragsters)
- CUP - CUP
Athletic fields CUP CAUP CUP CUP
Auditoriums and other public
assembly facilities

CAUP CAUP CUP CAUP
Batting cages:Commercial Recreation
Indoor
Outdoor
-
-
AUP
CAUP
AUP
CUPAUP CUPNon-motorized Bicycle Motocross
Facility (BMX)

P - AUP P
AUP
P
AUP
Billiard parlor/pool hall2 - AUP - AUP
Bowling center2 - CUP - P
CUP
Go-cart track - CUP - CUP
Golf course - CUP - CUP
Golf driving range - AUP - AUP
Health club/gymnasium - indoor AUP P
AUP
P
AUP
P
AUP
Live entertainment AUP AUP ACUP AUP
Miniature golf course - CUP P P

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CUP CUP
Movie theater - CUP CUP- CUP
MotorizedMotocross/off-road
motocross mini-facility bike course
- - - CUP
Recording and sound studios AUP AUP AUP AUP
Recreational facilities (as part of a
mixed-use development)

P P CUP AUP
Simulated shooting games - indoor
(laser tag, etc.)
- CUP CUP CUP
Shooting range:

Outdoor
Indoor
-
-
-
CUP
-
-
-
CUP
Skate park - AUP CUP CUP
Skating rink (ice/roller) - P P P
Stadium/sports arena - CUP - CUP
Tennis/swim club - outdoor AUP AUP CUP AUP
Theaters (live performance):

Outdoor
Indoor
-
CUP
CUP
CUP
-
CAUP
CUP
CUP
Video/electronic/computer game
arcade

CUP AUP AUP AUP

LODGING
Bed and Breakfast - - - AUP Chapter 19.106 (Bed and Breakfast Uses)
Hotels/Motels /Resorts CUP CUP CUP CUP
Recreational vehicle parks and
campgrounds, not exceeding a
density of 12 units per acre
- CUP CUP CUP See Chapter 19.124 (Mobile Home
and Special Occupancy Parks)
Vacation Home Rental VHR VHR VHR VHR Chapter 19.41 (Vacation Home Rental)

RETAIL/WHOLESALE SALES
Adult book store - - - - See Chapter 19.100 (Adult
Oriented Businesses)
General Retail AUP AUP AUP AUP
Antique shop P P P P
Art galleries and art supply store P P P P
Auctions:

Outdoor
Indoor
CUP
P
CUP
P
-
-
CUP
P
Auctions, livestock - - - -
Bakeries:

Retail Only
Wholesale
SPR
-
SPRP
AUPP
SPR
AUPP
P
SPR
AUPP
P
Bicycle shop (may include repair) P P P P

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Building materials and hardware
stores:

Within completely enclosed
building3
With outdoor storage3
-
-
CUP
CAUP
-
-
-
-
Boat sales - CAUP - - See Chapter 19.104
(Automobile and Vehicle
Related Uses)
Camera and photographic supply
store

P P P P
Farmers market uses CUP CAUP CUP CAUP See Chapter 19.110 (Farmers Market Uses)
Computer, radio, television and small
electrical appliance shop (including
repair when incidental to retail sales)

P P AUP AUP
Feed store - AUP - AUP
Florist shop P P P P
Food locker (for individual home
locker rental only; no slaughtering
permitted)
- AUP - AUP
Furniture and home furnishing store P P P P
General merchandise stores:

Department store
Discount/variety store (new
products at a discounted price)
Warehouse club stores
-
-
-
P
P
CUP
-
-
-
AUP
AUP
CUP
Grocery store CUP P CUP AUP
Guns and ammunition stores - AUP ACUP AUP
Hobby, toy and game store P P P P
Household appliance store - P AUP AUP
Music and video sales and rental
stores

P P P P
Office supply, stationery and gift
stores

P P P P
Pawnbrokers/pawnshops - AUP - CUP
Pet and pet supply stores - P AUP -
Secondhand and thrift stores - P AUP AUP
Sporting goods store - P P P
Swap Meet:

Indoor swap meet
Outdoor swap meet
-
-
AUP
CUP
-
-
AUP
CUP
Wholesale stores and distributors - CUP - -

SERVICES
Business services:

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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

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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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)

Page 245 of 300 ends

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

Page 41 of 46 ends

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

Page 246 of 300 ends

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)

Page 42 of 46 ends

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)

Page 247 of 300 ends

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

Page 43 of 46 ends

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

Page 248 of 300 ends

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

Page 44 of 46 ends

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)

Page 249 of 300 ends

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

Page 45 of 46 ends

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

Page 250 of 300 ends

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

Page 46 of 46 ends

Page 251 of 300 ends

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Page 252 of 300 ends

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Page 254 of 300 ends

STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Sep 26 2023
SUBJECT: DCA - Accessory Dwelling Units - Second Reading.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance amending Chapter 19.134 Accessory Dwelling Units.

ORDER OF PROCEDURE:

Request Staff Report (Community Development
Director)
Council Questions of Staff
Receive Public Comment
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 August 22, 2023, the City Council held a Public Hearing on a Development Code Amendment for Chapter 19.134 Accessory Dwelling Units. 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.

Page 255 of 300 ends

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.

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.

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 Protection 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:

2. Approve the Development Code Amendment with modifications.

3. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

Page 256 of 300 ends

CITY OF TWENTYNINE

PALMS CITY COUNCIL
ORDINANCE NO. 308

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. 308 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

Page 257 of 300 ends

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

Page 258 of 300 ends

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. 308 was introduced by Council action on the 22nd day of August 2023.

Section 7. Effective Date. Ordinance No.308 becomes effective thirty (30) days after the second reading by City Council.

PASSED, APPROVED, AND ADOPTED this 26
th day of September 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. 308, 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 26
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 259 of 300 ends

Page 260 of 300 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 19.134-1 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”

Page 261 of 300 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 19.134-2 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 262 of 300 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.

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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 19.134-4 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.

Page 266 of 300 ends

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STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Sep 26 2023
SUBJECT: Second Reading - Conflict of Interest Code Update.

RECOMMENDATION:

The City Council adopt Ordinance No. ____ amending the City's Conflict of Interest Code. (Attachment A) 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:
• Conflict of Interest Code
Ordinance
BACKGROUND:

The Political Reform Act (PRA), and in particular, Government Code Sections 87300 and 87306, requires that the City of Twentynine Palms (City) adopt and periodically amend its Conflict of Interest Code.

In 1994, the City Council adopted Resolution No. 94-16, which enacted by reference, the model Conflict of Interest Code set forth in California Code of Regulations, Title 2, Section 18730, including any amendments as may be duly adopted by the Fair Political Practices Commission. At that time, the City Council also designated employees under an Appendix of Designated Positions and formulated disclosure categories under an Appendix of Disclosure Categories.

State law identifies categories of persons who, by statute, have "decision making authority" or are "public officials". For instance, City Councilmembers, City Managers, City Attorneys, City Treasurers, Planning Commissioners and similar executive staff are considered public officials because they are specified as such in Government Code Section 87200. These persons are subject to the PRA's conflict of interest provisions.

Staff and the City Attorney's office have reviewed the current Conflict of Interest Code and have determined that minor revisions are needed to eliminate certain Designated Positions and to clarify certain Designated Positions.

Several current Designated Positions have been eliminated and have been recommended for deletion.

Additionally, several positions have changed names; therefore, Staff recommends that the list of Designated Positions reflect the current name of decision-making positions.

ENVIRONMENTAL:

N/A Page 271 of 300
ALTERNATIVES:

The City Council could choose not to adopt the amended Conflict of Interest Code and keep the current code.

FISCAL IMPACT:

None.

Page 272 of 300 ends

CITY OF TWENTYNINE PALMS

CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALMS ADOPTING A CONFLICT OF INTEREST

CODE WHICH SUPERSEDES ALL PRIOR CONFLICT OF

INTEREST CODES AND AMENDMENTS PREVIOUSLY

ADOPTED, IN ACCORDANCE WITH THE POLITICAL REFORM
ACT
WHEREAS, the Political Reform Act of 1974, Government Code Section 81000 et. seq. and regulations adopted pursuant to the Political Reform Act of 1974 (FPPC Regs; 2 Cal. Code of Regs. 18700, et seq.) (“the Act”), requires a local government agency to adopt a Conflict of Interest Code pursuant to the Act; and
WHEREAS, the City of Twentynine Palms (“City”) has previously adopted a Conflict of Interest Code by Resolution No. 10-45 but not via ordinance; and WHEREAS, amendments to the Act have in the past and foreseeably will in the future require conforming amendments to be made to the Conflict of Interest Code; and WHEREAS, on or about March 2023, the City Attorney’s Office conducted a review of the City’s Conflict of Interest Code in accordance with Government Code section 87306.5 and determined that the City’s Conflict of Interest Code needed to be amended and readopted in order to incorporate recent changes made to the Fair Political Practices Commission (“FPPC”) Regulations and additional positions added to the City; and WHEREAS, the FPPC has adopted a regulation, Title 2, California Code of Regulations, section 18730, which contains terms for a standard model Conflict of Interest Code, which, together with amendments thereto, may be adopted by public agencies and incorporated by reference to save public agencies time and money by minimizing the actions required of such agencies to keep their codes in conformity with the Act; and
WHEREAS, to fulfill its obligations under the Act and FPPC Regulations, the City Council has determined that it is in the best interest of the City to repeal all previous resolutions and Conflict of Interest Codes, and adopt a new Conflict of Interest Code as set forth below.

NOW, THEREFORE, the City Council of the City of Twentynine Palms hereby ordains as follows:

SECTION 1. Findings. The above recitals are true and correct and incorporated herein.

SECTION 2. Municipal Code Amendment. Pursuant to FPPC Regulation 18730, the City of Twentynine Palms hereby repeals its existing Conflict of Interest Code and adopts a superseding Conflict of Interest Code to read as follows:

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CHAPTER 2.28

CONFLICT OF INTEREST CODE

2.28.010 Adoption; Incorporation of Model Conflict of Interest Code

2.28.020 Definitions

2.28.030 Designated Positions; Disclosure Categories

2.28.040 Interpretation

2.28.050 Severability

2.28.010 Adoption; Incorporation of Model Conflict of Interest Code Pursuant to the Political Reform Act of 1974, Government Code Section 87300 et seq., and Section 18730 of Title 2 of the California Code of Regulations, the city adopts the model conflict of interest code promulgated by the Fair Political Practices Commission of the State of California as set forth in Section 18730 of Title 2 of the California Code of Regulations, which model conflict of interest code is incorporated herein by reference, and which, together with the list of designated positions and the disclosure categories applicable to each designated position to be adopted by resolution of the city council as provided in section 2.28.030 of this chapter, collectively constitutes the city’s conflict of interest code. As the model conflict of interest code set forth in Section 18730 of Title 2 of the California Code of Regulations is amended from time to time by State law, regulatory action of the Fair Political Practices Commission, or judicial determination, the portion of the city’s conflict of interest code comprising the model conflict of interest code shall be deemed automatically amended without further action to incorporate by reference all such amendments to the model conflict of interest code so as to remain in compliance therewith. Nothing in this chapter or in the resolution referred to in Section 2.28.030 shall supersede the independent applicability of Government Code Section 87200.

2.44.020 Definitions
The definitions contained in the Political Reform Act of 1974 and in the regulations of the Fair Political Practices Commission, and any amendments to either of the foregoing, are incorporated by reference into this conflict of interest code.

2.44.030 Designated Positions; Disclosure Categories
The city council from time to time, by resolution, shall designate those positions, the holders of which shall be required to file statements of economic interests, and shall further designate the disclosure categories applicable to each designated position. The resolution adopted by the city council shall constitute the Appendix referred to in subdivision (b)(2) of Section 18730 of Title 2 of the California Code of Regulations. It shall be determined in such resolution that the persons holding such positions make or participate in the making of decisions which may foreseeably have a material effect on financial interests. Statements of economic interests shall be filed with the city clerk who shall receive said statements on behalf of the code reviewing body.

2.44.040 Interpretation
Nothing contained in this chapter is intended to modify or abridge the provisions of the Political Reform Act of 1974, Government Code Section 81000 et seq., or the regulations of the Fair Political Practices Commission, Title 2 California Code of Regulations Section 18109 et seq. The provisions of this chapter are additional to the Political Reform Act and regulations of the Fair Political Practices Commission. This chapter shall be interpreted in a manner consistent with the Political Reform Act and the regulations of the Fair Political Practices Commission. In the event of any inconsistency between the provisions of this chapter, on the one hand, and the Political Reform Act and/or the regulations of the Fair Political Practices Commission, on the other hand, the provisions of the Political Reform Act and regulations of the Fair Political Practices Commission shall govern.Page 274 of 300

2.44.050 Severability
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more section, subsection, sentence, clause, or phrase be declared invalid.

SECTION 3. This Ordinance amends the City’s existing Conflict of Interest Code and supersedes all conflict of interest codes previously adopted by the City Council, whether previously adopted by ordinance or resolution.

SECTION 4. Severability. If any section, subsection, sentence, clause phrase or portion of this Ordinance is for any reason, held to be invalid or unenforceable by a court of competent jurisdiction, then the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The People of the City of Twentynine Palms, California, hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 5. Effective Date. This Ordinance shall become effective thirty (30) days after its passage and adoption by the City Council.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Twentynine Palms, California, held on this 26 day of September, 2023.

McArthur Wright, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Muñoz, City Attorney

Page 275 of 300 ends

I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 12 day of September, 2023 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 26 day of September, 2023 in Twentynine Palms, California by the following vote, to wit:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

Page 276 of 300 ends

STAFF REPORT
TO: City Council
FROM: City Manager
FOR MEETING: Sep 26 2023
SUBJECT: Wastewater Treatment Plant Location - Future Agenda Item Request.

RECOMMENDATION:

The City Council provide for direction.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call The Question
ATTACHMENTS:
• Exhibit A - Prelim Phase 1
System
• 29P Wastewater Presentation
BACKGROUND:

Wastewater generated in Twentynine Palms is currently treated in septic tanks or leach fields and discharged in the ground. The exceptions to this are the Mainside area of MCAGCC and some of the new subdivisions and businesses which contain on-site wastewater collection and treatment systems. The City is concentrated around commercial areas which run along State Highway 62, also known as Twentynine Palms Highway and Adobe Road, which runs north to the Military Base. These areas contain the majority of multifamily and relatively dense single family land uses. Less dense single family and rural living are located in the majority of the remainder of the City. As population growth continues and more lands are urbanized, water usage, and therefore, septic loading within the District service area is anticipated to increase.

So, with the above, the City is moving forward with obtaining funding from State Water to fund a phased approach to sewering the City, along with a Treatment Plant to treat the effluent. The City has requested $158M for this project, however due to limited funds from the State and multiple funding requests, the City is expecting to receive $50M for our project which means we will need to scale the plant and the collection system.

The current location of the plant as proposed is on APN# 0623-17-111, however there has been alot of public dialogue about this location being too close to residential. The Wastewater Advisory Committee has recommended the plant to move to the East on either APN# 0623-17-105 or APN# 0623-21-129. The first would be outside of the flood plain, and the other is within the flood plain. This specific future agenda item request is to move the treatment plant to the industrial zone. Moving the plant away from connections WILL increase the cost of the project that will take away from the plant and collection system funding. To get an accurate cost estimate to move the plant, we would need to reallocate dollars to the engineers and environmental consultants. NV5 gave a high-level guestimate, which did NOT have any studies associated with it at approximately $9M. As for the recommended relocations by the Advisory Board has cost increases, the level of effort by the engineers and Page 277 of 300 environmental consultants are minimal because the locations are close to the currently proposed plant so access/right of ways, environmental studies, topography studies are within those areas.

ENVIRONMENTAL:

Mitigated Negative Declaration (MND) is complete, but depending on action more studies and reports maybe needed.

ALTERNATIVES:

The City Council's could choose to move the plant or stay at the current location.

FISCAL IMPACT:

To be determined depending on action.

Page 278 of 300 ends

ASSUMED

LOCATION

OF WWTP
TWENTYNINE PALMS HIGHWAY (SR-62)

DESERT KNOLL AVE

UTAH TRAIL UTAH TRAIL

JOE DAVIS DR

TWO MILE RD

DESERT KNOLL AVE

ADOBE RD ADOBE RD
TWENTYNINE PALMS HIGHWAY (SR-62)

BUENA VISTA DR

MESQUITE SPRINGS RD

MORONGO RD

EL PASEO DR

LARREA AVE

SULLIVAN RD

MESQUITE SPRINGS RD

TWO MILE RD

MORONGO RD

ASSUMED

LOCATION OF

LIFT STATION
PHASE 1E
PHASE 1A
PHASE 1B
PHASE 1D
PHASE 1C
DATE SUBMITTED: JAN 2023 227521-0000132

JOB NUMBER

EXHIBIT
A
SCALE
15092 AVENUE OF SCIENCE, SUITE 200
SAN DIEGO, CA 92128
P: 858.385.0500 WWW.NV5.COM

CITY OF TWENTYNINE PALMS - SEPTIC TO SEWER
1 inch = 1,200 feet
PRELIMINARY PHASE 1 SEWER SYSTEM
¹ Legend
Trunk Sewer
Force Main
Collector Sewer
Phase 1 Service Area
0 1,000 Feet
DRAFT

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TWENTYNINE PALMS

WASTEWATER PROJECT
Frank J. Luckino
City Manager
November 8, 2022

Page 280 of 300 ends

PROJECT OVERVIEW
• The City is, with the exception of 6 package treatment plants, on septic tanks to process wastewater;
• The wastewater project is a forward-thinking, sustainability driven project; not a result of any water quality issues; • The impetus of the project is the opportunity to access state funding ($350M) with the ability to pay 100% of the initial phase(s) of the project;
• The initial phase(s) of the project will be collecting and treating approximately 35% of the City’s usage;
• The initial treatment plant will treat approximately an average daily flow of 0.56 MGD (Million Gallons a Day) Plant or 20% of what is needed by 2050.
2

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PROJECT TEAM
• City and Water District Staff (Oversight and Direction) • Carollo Engineering (Owners Representative and Wastewater Design)
• NV5 Engineering (Collection System Designer)
• Terra Nova - Environmental
• Wildan Financial
• CV Strategies (Outreach)
3

Page 282 of 300 ends

TWENTYNINE PALMS WASTEWATER PROJECT
What money do we have for planning?
4 Funded Agency Amount
Clean Water State Revolving Fund $983,000
Clean Water State Revolving Fund (USGS) $1,000,000
Olbernolte Earmark (21/22 STAG funding) $663,224
Olbernolte Earmark (22/23 STAG Funding) $1,275,000
City Surplus $500,000
County ARPA $1,000,000
Water District Contribution (USGS) $100,000
TOTAL PLANNING $5,521,224

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TWENTYNINE PALMS WASTEWATER PROJECT
What money do we need for completing design and construction (big picture)? 5 Funding Task Amount
Hard Construction (Plant and Collection) +/- $137M
Add Advanced Treatment $20M
Land Acquisition TBD
Additional Planning Dollars needed $1.5M
Private Lateral Connection ($12K average per
connection)
Included in Hard Cost
TOTAL PLANNING $158.5M

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Page 285 of 300 ends

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BEING GOOD NEIGHBORS
8 • Wide array of architectural
treatments to match your
community
• High tech approaches to
manage odor or impacts
• Proven technology with
example communities and
installations

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• USGS Study that will begin in 2023; the study will give us the specificity of how Nitrates are traveling in the unsaturated zone and where they occur in the City;
• The study will predict when density levels may create nitrate levels that pose a heath risk within the groundwater,
• Wastewater Treatment and Sewers are a tried-and-true piece of infrastructure to protect groundwater supply. Dating back to the Romans;
• The City suggests a proactive approach to groundwater proteciton; acting before a required order while there is significant funding available for the community.
9 TWENTYNINE PALMS WASTEWATER PROJECT
WHY ARE WE DOING THE PROJECT?

Page 288 of 300 ends

• Money is here and now; State has allocated $350M for septic to sewer conversions. From a California only perspective, in my 18 years searching for Wastewater grant dollars, this is the single highest amount (Hi-Desert Water District, Blythe, and Twentynine Palms);
• In a public professional poll by Probosky Research (attached), 90% of people polled support infrastructure that benefits the residents; (p 40, Q #10)
• In addition, 77% of the people polled support sewering the City, however the percentage drops when money is discussed, suggesting cost is the barrier; (p 100, Q#20)
10 TWENTYNINE PALMS WASTEWATER PROJECT
WHY ARE WE DOING THE PROJECT?

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•No current water quality issues;
•Limited growth and density may reduce and/or limit the threat •The ultimate USGS report (5 years out) may show Nitrates NOT traveling into our water source in significant levels;
•As per the SNMP, we have not done the monitoring and analysis to determine we need it
•Some cannot afford it and/or no public support.
11 TWENTYNINE PALMS WASTEWATER PROJECT
WHY NOT TO DO THE PROJECT?

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TWENTYNINE
PALMS

WASTEWATER

PROJECT
12 Conventional Secondary
Treatment schematic Page 291 of 300
Membrane Bioreactor (MBR)
technology can be substituted
for conventional treatment to
give a higher quality tertiary
treated effluent (Title 22 -
current treatment process for
Hi-Desert WD). This process
provides a membrane filtration
step followed by UV light
disinfection.
13 TWENTYNINE PALMS WASTEWATER PROJECT

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Tertiary treated effluent
(Title 22) can be:

1. Used for purple pipe reuse
applications

2. Recharged to the
groundwater basin for
storage in an isolated subbasin – must have no
potable wells present
14 TWENTYNINE PALMS WASTEWATER PROJECT

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Advanced Water Treatment can be added to tertiary effluent to provide higher quality for IPR without the need for diluent water.

Most well-known local example is Orange County Water District’s GWR System.
15 TWENTYNINE PALMS WASTEWATER PROJECT

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16 TWENTYNINE PALMS WASTEWATER PROJECT
Relative
Cost
Conventional
Secondary
Conventional Tertiary
MBR Tertiary
Tertiary + Advanced Treatment
Treatment Level for
Recharge

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DISCUSSION
Questions?
17

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Sep 26 2023
SUBJECT: APN 0621-051-12
RECOMMENDATION:

That the City Council adopt Resolution 23-__ and find that the land use entitlements on APN 0621-051-12 are expired and thus null and void, and that any legal non-conforming use status to operate a mobile home park (MHP) has also expired.

ORDER OF PROCEDURE:

The property in question (Property) was previously used as a Mobile Home Park (MHP) since before the City's incorporation. After the City’s incorporation, the Property was subsequently zoned for Service Commercial (C-S) uses, which does not allow for MHPs. The City never formally determined the use of the Property as a MHP was permitted as a legal non-conforming use, but allowed such use to continue on the presumption it was a legal non-conforming use.

By 2018, the MHP at the Property ceased complying with all applicable laws. It became a public nuisance and was subject to abatement efforts by the City. The MHP use at the Property ultimately ceased, and the Property has not been operated as an MHP for at least twelve (12) months. Per Section 19.28.130(E) of the Municipal Code, all permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

Additionally, Section 19.142.040(B) states, in part, that: "Any building, or part thereof, or land occupied by a land use that is not listed as a permitted use in the current Land Use Tables of the underlying land use district, and which use shall cease for a period of 12 consecutive months or more, shall thereafter be used or occupied only by a use listed as a permitted use in the current Land Use Tables of the underlying land use district."

Page 297 of 300 ends

Since this property has been deemed vacant, and all uses on this property have ceased, Staff has concluded that no land use entitlements currently exist on this property, and any former land uses have ceased and are no longer valid. In essence, to the degree the former MHP on the Property was a legal nonconforming use, such status has expired. A dispute has arisen with the current owner which maintains it is entitled to continue to operate a MHP on the Property. The California Department of Housing and Community Development (HCD) has authority over the regulation of MHPs, but such authority is limited by a City’s zoning and other land use regulations. HCD has advised the City that it will respect its zoning, but requires a formal action by the Council concluding that any the legal nonconforming use status at the Property, by which a MHP could previously operate, has expired. Staff recommends that the Council adopt the accompanying Resolution 23-__ for this purpose.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

The City Council could determine that a MHP on this property is still valid.

FISCAL IMPACT:

None.

Page 298 of 300 ends

CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, FINDING THAT ALL LAND USE ENTITLEMENTS ON ASSESSOR’S PARCEL NUMBER 0621-051-12 ARE EXPIRED AND THUS

NULL AND VOID, AND THAT ANY LEGAL NON-CONFORMING USE

STATUS TO OPERATE A MOBILE HOME PARK (MHP) WHICH MAY HAVE EXISTED HAS EXPIRED.

WHEREAS, the property currently designated as Assessor’s Parcel Number 0621-051-12 (the “subject property”) was previously occupied by an MHP commonly known as Shady Elms Mobile Home Park since before the City’s incorporation in 1987.

WHEREAS, subsequent to incorporation in 1987, the City of Twentynine Palms (“City”) zoned the subject property Service Commercial (C-S).

WHEREAS, , the City’s current General Plan was adopted by the City Council on April 24, 2012 and retained the C-S zoning for the subject property.

WHEREAS, MHP is not a use permitted or conditionally permitted by the City’s zoning or General Plan in the C-S zone.

WHEREAS, the City never formally determined that the MHP use at the subject property was legally established and hence a so called “legal non-conforming use,” it nevertheless treated the MHP as a legal non-conforming use while it was in operation.

WHEREAS, on or before 2018, the MHP at the subject property ceased complying with all applicable laws. It became a public nuisance and was subject to abatement efforts by the City. The MHP use at the subject property ultimately ceased, and a MHP has not operated on the subject property for at least twelve (12) months.

WHEREAS, per Section 19.28.130(E) of the City’s Municipal Code, all permits shall expire when a business or use is closed or discontinued for more than one calendar year.

Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

WHEREAS, Section 19.142.040(B) of the City’s Municipal Code also states, in part, that:
"Any building, or part thereof, or land occupied by a land use that is not listed as a permitted use in the current Land Use Tables of the underlying land use district, and which use shall cease for a period of 12 consecutive months or more, shall thereafter be used or occupied only by a use listed as a permitted use in the current Land Use Tables of the underlying land use district." WHEREAS, the current owner of the subject property has asserted that it is entitled to reestablish and operate a MHP at the subject property, despite the fact such use is not permitted in the C-S zone by the City’s zoning or General Plan, and the City Council wishes to formally declare that such use at the subject property is not authorized either expressly or as a legal nonconforming use.

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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS FINDS AND RESOLVES AS FOLLOWS:

Section 1. The subject property is determined to be vacant, all uses on the property have ceased, and the former MHP use at the subject property ceased over 12 months ago.

Section 2. No land use entitlements currently exist on the subject property that would enable a MHP use to exist thereon, and operation of a MHP at the subject property as formerly occurred is not authorized by, and in rather is prohibited by, the City’s zoning and General Plan.

Section 3. If and to the degree a MHP was formerly permitted to operate at the subject property as a result of having qualified as a legal non-conforming use, such legal nonconforming use status has expired, and is no longer valid.

APPROVED AND ADOPTED THIS 26th DAY OF SEPTEMBER, 2023.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT:COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
________________________________________
McArthur Wright, Mayor
ATTEST:
______________________________________
Cindy Villescas, City Clerk
I hereby certify that the foregoing is a true copy of City Council Resolution No. 23-__ duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 20th day of September 2023, in Twentynine Palms, California.

Dated this 20th DAY OF SEPTEMBER 2023.
________________________________________
Cindy Villescas, City Clerk

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Twentynine Palms City CouncilSeptember 26, 2023

Twentynine Palms City Council
September 26, 2023