Agenda — Twentynine Palms City Council, January 23, 2024

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, January 23, 2024
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, January 23, 2024 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Suzy Dick, The Church of Jesus Christ of Latter-Day Saints.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

ANNOUNCEMENTS
These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org.

You may also Live Stream this meeting by going on our website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Proclamation Recognizing January as School Board Recognition Month.

Proclamation Recognizing January as School Board Recognition Month. - Pdf 5 - 6

2. Presentation by Interim City Manager Bowden on Roads and Pedestrian Safety.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

CONSENT CALENDAR
All matters listed under the Consent Calendar are to be considered routine by the City Council and will be enacted by one motion in the form listed. Any item may be removed from the Consent Calendar and considered separately by the City Council. The public will be given an opportunity to comment on Consent Calendar items prior to the City Council action.

3. Waive the Reading of Ordinance and Approve the Reading by Title Only.

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4. Approval of Minutes of the City Council Meeting Held on January 9, 2024, and the Special Meeting held on January 17, 2024.

City Council - Special Meeting with Closed Session - 17 Jan 2024 - Minutes - Pdf City Council - Regular Meeting with Closed Session - 09 Jan 2024 - Minutes - Pdf 7 - 12

5. Youth Council Resolution Approval.

RECOMMENDATION: The City Council approve Resolution No. 24-_____ establishing a Youth Council.

Youth Council Resolution Approval. - Pdf
13 - 16

6. Fire Department Emergency Response Report - December 2023 Fire Department Emergency Response Report - December 2023 - Pdf TNP Monthly Totals - Dec 2023
17 - 19

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING

7. DCA - Article 3, Administration, Permits, and Procedures.

RECOMMENDATION: The City Council find the project exempt from CEQA, introduce the Ordinance and approve the Development Code Amendment for Article 3, Administration, Permits and Procedures.

DCA - Article 3, Administration, Permits, and Procedures. - Pdf 21 - 95

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Tourism Business Improvement District (TBID) Advisory Board Appointment RECOMMENDATION: The TBID Subcommittee (Mayor Bilderain and Mayor Pro Tem Klink) will make a recommendation to the City Council for the appointment to the TBID Advisory Board.

Tourism Business Improvement District (TBID) Advisory Board Appointment - Pdf 97 - 99

9. Self-Help Housing Project.

RECOMMENDATION: The City Council provide direction to Staff as to how to proceed with obtaining ten (10) contiguous lots for participation in the Coachella Valley Housing Coalition self-help program.

Self-Help Housing Project. - Pdf
101 - 102

10. 2024/2025 CDBG Funding Prioritization.

RECOMMENDATION: The City Council approve and prioritize the allocation of CDBG funds for Fiscal Year 2024-2025 to the City's parking lot improvement ADA rehabilitation and accessibility construction project.
2024/2025 CDBG Funding Prioritization. - Pdf
103 - 107

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal/Military Banners throughout the City.

2. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.

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PUBLIC COMMENTS
This is the time for the public to address the City Council on issues within the jurisdiction of the City Council that are NOT on this agenda. All comments are to be directed to the City Council and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the City Clerk. The City Council is prohibited by State law from taking action or discussing items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda.

CITY MANAGER UPDATE

ADJOURNMENT
It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting.

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., January 18, 2024.

Cindy Villescas CMC, City Clerk Time/Date

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STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Jan 23 2024
SUBJECT: Proclamation Recognizing January as School Board Recognition Month.

ATTACHMENTS:
• Proclamation Recognizing
January as School Board
Recognition Month.

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CITY OF TWENTYNINE PALMS

PROCLAMATION

RECOGNIZING SCHOOL BOARD RECOGNITION MONTH
WHEREAS, an excellent public education system is vital to the quality of life for all California citizens and communities; and
WHEREAS, our public education system has faced unprecedented circumstances these past three years as a result of the COVID-19 pandemic; and
WHEREAS, our local board of education continues to act to ensure children’s academic, socialemotional, physical and mental health needs are met at a time when students needed consistent services most; and
WHEREAS, board of education members continue to advocate to best serve the children in our community each and every day; and
WHEREAS, local board of education members are committed to children and believe that all children can be successful learners and that the best education is tailored to the individual needs of the child; and
WHEREAS, board of education members work closely with parents, educational professionals and other community members to create the healthiest environments possible where all students can thrive; and
WHEREAS, board of education members are responsible for building and maintaining the structure that provides a solid foundation for our school system; and WHEREAS, board of education members are strong advocates for public education and are responsible for communicating the needs of the school district to the public and the public’s expectations to the district; and
WHEREAS, the mission of the public schools to meet the diverse educational needs of all children and to empower them to become competent, productive contributors to a democratic society and an ever-changing world is more poignant than ever before; .

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby declare our appreciation to the members of the board of education and proclaim the month of January 2024, as School Board Recognition Month in the City of Twentynine Palms. We urge all community members to join us in recognizing the dedication and hard work of local school board members and in working with them to create an education system that meets the needs of our children.

DATED this 23rd day of January 2024.
______________________________
Steven Bilderain, Mayor

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TWENTYNINE PALMS CITY COUNCIL
City Council - Special Meeting with Closed Session

MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
January 17, 2024

CLOSED SESSION AGENDA
11:00 a.m.

CALL TO ORDER - Mayor Bilderain called the Closed Session to order at 11:00 a.m.

ROLL CALL - The following Councilmembers were present: Mintz, Scott, Wright, Bilderain. Mayor Pro Tem Klink arrived at 11:23 a.m.

PUBLIC COMMENT - There were no Public Comments.

ADJOURN TO CLOSED SESSION - The City Council adjourned to Closed Session at 11:02 a.m.

CLOSED SESSION

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 (B) (1) PUBLIC EMPLOYMENT -

CITY MANAGER
The City Council returned to the Council Chambers at 11:44 a.m. Mayor Bilderain announced that there was no reportable action taken. The City Attorney provided guidance on the interview process and the importance of confidentiality of the prospective applicants for the City Manager position.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 11:45 a.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer

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TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
January 9, 2024

CLOSED SESSION AGENDA
5:30 P.M.

CALL TO ORDER - Mayor Bilderain called the Closed Session to order at 5:30 p.m.

Roll Call - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.

Adjourn to Closed Session - Mayor Bilderain and the City Council adjourned to Closed Session at 5:31 p.m.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION: Initiation of litigation pursuant to Government Code Section §54956.9 (d) (4) (One Case).

REGULAR SESSION AGENDA
6:00 p.m.

CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:01 p.m.

Pledge of Allegiance - County of San Bernardino Firefighter Daniel Faland, led the Pledge of Allegiance.

Invocation - Rev. Don Thursby - Little Church of the Desert, gave the Invocation.

Roll Call - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.

Closed Session Announcements - Mayor Bilderain announced that there was no reportable action from the Closed Session.

Changes to the Agenda - None.

ANNOUNCEMENTS
Mayor Bilderain announced that these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to Morongo Basin Arch and the Twentynine Palms High School Girls Basketball Team for their Participation in the Cash for Trash and Recycling Program.

Mayor Pro Tem Klink presented checks in the amount of $300 from the City of Twentynine Palms and $300 from Burrtec Waste and Recycling to Morongo Basin Arch for their participation in the Cash for Trash and Recycling Program. The Twentynine Palms High School Girls Basketball Team was not able to attend due to having a game in Coachella this evening.

2. Presentation by Fire Chief Daniel Munsey, San Bernardino County Fire Department, on FP-5.

Chief Munsey provided a PowerPoint presentation to the City Council and the audience.

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City Council - Regular Meeting with Closed Session
January 9, 2024

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott commented that he had nothing to report.

Councilmember Wright mentioned that he did not attend any meetings.

Councilmember Mintz mentioned that he participated in the Toys for 29 Toy Giveaway. He thanked Mr. James Baskin, owner of Ground Zero, for his generous donation of toys for this Giveaway.

Mayor Pro Tem Klink commented that he attended the SBCTA meeting, and he wished everyone in Twentynine Palms and the Morongo Basin a Happy Birthday to those celebrating a birthday in January. He wished his wife a Happy 41st Anniversary.

Mayor Bilderain mentioned that he participated in the Toys for 29 Giveaway, he attended the Toys for Tots Giveaway at Copper Mountain College, he had meetings with Staff and citizens, he met with our Lobbyist, and he is participating in the interviews for the vacant TBID Board position.

CONSENT CALENDAR

3. Waive the Reading of Ordinance and Approve the Reading by Title Only.

4. Approval of Minutes of the City Council Meeting Held on December 12, 2023.

5. Approval of Warrant Register Totaling $1,158,651.07.

6. Purchase of One Off-Highway Vehicle and Outfitting by the San Bernardino County Sheriff's Department (SBCSD).

RECOMMENDATION: The City Council approve the purchase of one Off-Highway Vehicle (OHV) and outfitting by SBCSD for a total of $46,271.93 ($41,271.93 for the vehicle plus an estimated $5,000 for the outfitting).

Councilmember Scott asked to remove item #6 from the Consent Calendar for discussion.

ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Mintz, to approve the Consent Calendar as submitted, minus item #6.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, MINTZ, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

6. Purchase of One Off-Highway Vehicle and Outfitting by the San Bernardino County Sheriff's Department (SBCSD).

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City Council - Regular Meeting with Closed Session
January 9, 2024
Interim City Manager Bowden introduced Captain Robert Warrick, San Bernardino County Sheriff's Department who presented the Staff Report.

ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Scott, to approve the purchase of one Off-Highway Vehicle (OHV) and outfitting by SBCSD for a total of $46,271.93 ($41,271.93 for the vehicle plus an estimated $5,000 for the outfitting).

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, MINTZ, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

PUBLIC HEARING- NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Public Arts Advisory Appointment.

RECOMMENDATION: The City Council appoint Sara M. Lyons as a standing member of the Public Arts Advisory Committee.

Community Development Director Gardner (Director Gardner) introduced the PAAC Chair, Anna Stump, who presented the candidate, Ms. Sara M. Lyons.

ACTION: A motion was made by Mayor Pro Tem Klink, seconded by Councilmember Wright to appoint Sara M. Lyons as a standing member of the Public Arts Advisory Committee.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, MINTZ, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
.

8. Creation of a Twentynine Palms Youth Council.

RECOMMENDATION: The City Council approve the creation of a Twentynine Palms Youth Council.

Recreation Program Manager Kary Minatrea (Program Manager Minatrea) presented the Staff Report and Power Point Presentation.

ACTION: A motion was made by Councilmember Scott, seconded by Councilmember Wright to approve the creation of a Twentynine Palms Youth Council.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, MINTZ, SCOTT, WRIGHT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE

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City Council - Regular Meeting with Closed Session
January 9, 2024

9. City Council Regional Organizational Assignments.

RECOMMENDATION: The City Council review Council assignments for Regional Organizations and make appointments as appropriate.

Mayor Bilderain presented the Council Assignments from 2023 and asked if all Councilmembers wish to continue with the same assignments, with the exception of the Personnel Committee, as those members change with the new Mayor and Mayor Pro Tem each year.

All Councilmembers were in favor.

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal Banners throughout the City.

2. Identify ten lost to start a self-help construction program.

3. Discussion with the Homeless Committee on the possibility of hotels housing the homeless for short periods of time.

4. Assess and examine pedestrian and street safety around the schools.

5. Discussion on the peacock issue and creating an Ordinance to consider them wild animals and prohibiting them from being fed.

6. Discussion on dissolving the City's membership with the Solid Waste Joint Powers Authority (JPA).

Mayor Bilderain asked the Interim City Manager if items 1 and 5 could be closed out. Interim City Manager replied yes.

PUBLIC COMMENTS
LeeAnn Clarke, Twentynine Palms, announced the Martin Luther King event that will take place on Monday, January 15, 2024 and provided an update on the murals that were tagged.

Delissa Chase, Twentynine Palms, commented that after a recent incident involving Councilmember Mintz, she and Councilmember Mintz have been able to establish a great relationship and does not want the City or City Council to have a black eye about this. She thanked Councilmember Mintz for his donation to her Horse Rescue.

Pastor Nick Foley, Twentynine Palms, spoke about the new addiction recovery ranch that is getting ready begin operation.

He mentioned that there will be an Open House on February 3, 2024.

Jenn De Falco, Twentynine Palms, thanked the City Council, James Baskin, Angie from Wing-n-it, and Pastor Nick Foley for providing toys for our children this holiday season. She commented on the homeless and the upcoming cold weather.

CITY MANAGER UPDATE
Interim City Manager Bowden provided the following update: he mentioned that he met with the Federal Lobbyist and received some good information and commented that he was going to provide an update on traffic safety, but he received more information and would like to present that as well, so he will have a presentation at the next City Council meeting.

ADJOURNMENT - Mayor Bilderain adjourned the meeting with a quote from the late Dr. Martin Luther King at 6:54 p.m.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk/Public Information Officer

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STAFF REPORT
TO: City Council
FROM: Recreation Division Manager
FOR MEETING: Jan 23 2024
SUBJECT: Youth Council Resolution Approval.

RECOMMENDATION:

The City Council approve Resolution No. 24-_____ establishing a Youth Council.

ORDER OF PROCEDURE:

During the City Council meeting held on Tuesday, January 9, 2024, the City Council was presented with information regarding the benefits of establishing a Youth Council. The benefits of establishing the program are numerous, to include the opportunity for youth to be able to be the next generation of local leaders, exposure to volunteerism and giving back to the community. The City Council voted 5-0 in favor of establishing the program.

Some key points for establishing the program were discussed. Mayor Bilderain requested the first three goals for implementation of the program to be completed by the next regularly scheduled City Council meeting. The first goal is to adopt a Resolution to establish a Youth Council, which is recommended to be approved this evening.

The second goal; seeking the advice of the City Attorney has yet to be achieved.

The third goal; appointing a City staff member to act as the Youth Council Advisor has been achieved with the Recreation Division Manager, Kary Minatrea, acting as advisor until the program is fully developed.

ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

The City Council may choose not to approve the Resolution, therefore the program will not be established.

FISCAL IMPACT: Page 13 of 107
The budget for the program has not yet been established. This topic will be discussed during the budget discussions in the spring.

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CITY OF TWENTYNINE PALMS

CITY COUNCIL
RESOLUTION NO. 24-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ESTABLISHING THE CITY OF TWENTYNINE PALMS

YOUTH COUNCIL
WHEREAS, the City of Twentynine Palms is committed to engaging and empowering youth through civic engagement an participation in local government; and WHEREAS, the City of Twentynine Palms recognizes the value of public input from the City’s youth; and
WHEREAS, community service is a worthwhile endeavor and a valuable experience for the City’s youth; and
WHEREAS, in furtherance of efforts to engage the City’s youth, it is desirable to create a program to be known as the City of Twentynine Palms Youth Council; and WHEREAS, through civic engagement, the members of the Youth Council will put in place positive solutions, acquire new skills, develop a greater sense of confidence, and forge meaningful community connections; and
WHEREAS, the creation of the City of Twentynine Palms Youth Council will serve the added purpose of preparing the next generation of community leaders NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Twentynine Palms does hereby establish the City of Twentynine Palms Youth Council.

PASSED, APPROVED AND ADOPTED by the City Council of Twentynine Palms this 23rd day of January 2024.

Steven Bilderain, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk

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I, do hereby certify that the foregoing Resolution No. 24-__, was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 23rd day of January 2024, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
____________________________________
Cindy Villescas CMC, City Clerk

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STAFF REPORT
TO: City Council
FROM: Interim City Manager
FOR MEETING: Jan 23 2024
SUBJECT: Fire Department Emergency Response Report - December 2023 ATTACHMENTS:
• TNP Monthly Totals - Dec
2023

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Incident Totals
3 1
9 1
14 227
4 1
11 1
272
Traffic Collision
Totals
Incident Type
Medical
Public Service
Structure Fire
Unknown Type Fire
Railcar Incident in Amboy
Water Salvage
San Bernardino County Fire Area Incident Report
Criteria: 12/1/2023 to 12/31/2023
Division(s): South Desert
Battalion(s): 7
City(ies): Twentynine Palms
Investigation/Alarm
Small Vegetation Fire
Motorhome/Truck/Bus Fire
Printed on 1/3/2024 3:30 PM Page 1 of 1 Page 18 of 107
Incident Totals
3 1
9 1
14 227
4 1
11 1
272
Traffic Collision
Totals
Incident Type
Medical
Public Service
Structure Fire
Unknown Type Fire
Railcar Incident in Amboy
Water Salvage
San Bernardino County Fire Area Incident Report
Criteria: 12/1/2023 to 12/31/2023
Division(s): South Desert
Battalion(s): 7
City(ies): Twentynine Palms
Investigation/Alarm
Small Vegetation Fire
Motorhome/Truck/Bus Fire
Printed on 1/3/2024 3:30 PM Page 1 of 1 Page 19 of 107

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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Jan 23 2024
SUBJECT: DCA - Article 3, Administration, Permits, and Procedures.

RECOMMENDATION:

The City Council find the project exempt from CEQA, introduce the Ordinance and approve the Development Code Amendment for Article 3, Administration, Permits and Procedures.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• DCA23-000013, 17, 18 ORD
Article 3 CC on 01-09-2024
• Article 3 Administration,
Permits and Procedures draft
• Planning Commission
Resolutions
BACKGROUND:

On October 17, 2023 and December 05, 2023, the Planning Commission held Public Hearings on modifications to the following Chapters of Article 3, Administration, Permits and Procedures and forwarded a recommendation to the City Council for approval of the Development Code Amendment:

19.28 Approval Requirements - Minor changes for consistency of time limits and adding a maximum number of permit extensions.

19.29 Fees and Deposits - minor changes

19.36 Site Plan Review - Modifying the language in the Code for consistency with the revised land use tables and adding a requirement that projects over 7,500 square feet will be reviewed by the Planning Commission.

19.38 Administrative Use Permit - Modifying the language in the Code for consistency with the revised land use tables and adding a requirement that projects over 7,500 square feet will be reviewed by the Planning Commission.

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19.40 Similar Use Determination - Minor clean up language and removal of the Sections for Conditions of Approval and Findings.

19.42 Conditional Use Permit - One minor change reflecting land use tables.

19.43 Planned Development - Modifying the language for consistency with the revised land use tables.

19.48 Specific Plan - Minor changes regarding the requirement for a General Plan Amendment.

19.55 Sidewalk Vending - Removing application submittal requirements and removing the distance requirement from entrances and exits of structures.

19.56 Transient Selling, Peddling, Soliciting - Removing the application submittal requirements.

19.57 Mobile Food Truck - Removing the application submittal requirements and adding a prohibition on parking on public streets rated for 35 MPH or faster.

19.60 Historic Preservation - Minor changes regarding application submittal requirements and grammatical changes.

19.64 Hillside Grading - Minor change correcting the name of the Building Code.

ENVIRONMENTAL:

The project has been determined to be exempt from the California Environmental Quality Act (CEQA). Pursuant to Section 15061(b)(3), the activity is covered by the common-sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES:

The City Council could choose to:

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

2. Make modifications to the draft code and adopt with recommended changes.

3. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

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CITY OF TWENTYNINE

PALMS CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA, ADOPTING A DEVELOPMENT CODE
AMENDMENT AMENDING ARTICLE 3, ADMINISTRATION, PERMITS AND

PROCEDURES OF THE CITY OF TWENTYNINE PALMS DEVELOPMENT
CODE.

WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, on October 17, 2023 and December 05, 2023, the Planning Commission of the City of Twentynine Palms conducted duly noticed and advertised Public Hearings on Development Code Amendments for Article 3, Administration, Permits and Procedures; and WHEREAS, on January 10, 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 January 23, 2024, 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 January 23, 2024, at which time the Council introduced Ordinance No. ___, amending Article 3, Administration, Permits and Procedures of the Development Code, and
WHEREAS, on January 23, 2024, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, 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

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WHEREAS, the City Council, in its review of the proposed Development Code Amendment, makes the following findings:

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

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

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

Goal LU-4 - Adequately address the potential impacts of new development on the existing community and the City’s infrastructure system.

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

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

The Development Code Amendment is to make minor changes to Article 3 of the Development Code, cleaning up inconsistencies in language.

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

The Amendment is to make minor modifications to Chapter 3, Administration, Permits and Procedures.

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

The modifications to Article 3 of the Development Code will protect 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 3, Administration, Permits and Procedures, 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

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certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted by Section 36933 of the Government Code of the State of California.

Section 6. Introduction Date. Ordinance No. ___ was introduced by Council action on the 23rd day of January 2024.

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

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

PASSED, APPROVED, AND ADOPTED this 13
th day of February 2024.

Steve Bilderain, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 23 rd
day of January 2024 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 13
th day of February 2024, in Twentynine Palms, California by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

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19.28.010 Purpose ............................................................................................................... 19.28-1

19.28.020 Requirements for Development and New Land Uses ........................................ 19.28-1

19.28.030 Inspections .......................................................................................................... 19.28-1

19.28.040 Additional Approvals May be Required............................................................. 19.28-2

19.28.050 Applications and Fees ........................................................................................ 19.28-2

19.28.060 Initiation of Application ..................................................................................... 19.28-2

19.28.070 Withdrawal of Application ................................................................................. 19.28-3

19.28.080 Determination of Completeness ......................................................................... 19.28-4

19.28.090 Application Review and Report ......................................................................... 19.28-4

19.28.100 Public Hearing and Public Notice ...................................................................... 19.28-5

19.28.110 Approving Authority .......................................................................................... 19.28-7

19.28.120 Appeals ............................................................................................................... 19.28-9

19.28.130 Permit Time Limits, Expiration, and Extensions ............................................. 19.28-10

19.28.140 Amendments to Previously Approved Permits ................................................ 19.28-11

19.28.150 Violations and Enforcement ............................................................................. 19.28-13

19.28.160 Revocation or Modification .............................................................................. 19.28-14

19.28.170 Reapplications .................................................................................................. 19.28-15

19.28.180 Indemnification and Hold Harmless for Discretionary Land Use Approvals 19.28-16

19.28.010 Purpose
The purpose of this Chapter is to establish procedures necessary for the efficient processing of land use and development applications, permits and other approvals. These common procedures apply to all permits described in this Article, unless stated otherwise.

19.28.020 Requirements for Development and New Land Uses Except as otherwise provided in this Development Code, structures shall only be erected, reconstructed, structurally altered, enlarged, relocated or maintained after applying for and securing all permits and licenses required by all laws and ordinances of the City of Twentynine Palms, and any other applicable regulatory agency. Structures shall only be designed and used in a manner permitted in the applicable zone.

19.28.030 Inspections
City officials are authorized to perform inspections related to permit issuance, as follows:

A. Preapproval Inspections. Every applicant seeking a permit or any other action in compliance with this Title shall allow the City officials handling the application access to any premises or property that is the subject of the application.

Exhibit “A”
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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-2 and Common Procedures B. Post-approval Inspections. If the permit or other action in compliance with this Title is approved, the owner or applicant shall allow authorized City officials access to the premises in order to determine compliance with the approved permit and/or any conditions of approval imposed on the permit.

19.28.040 Additional Approvals May Be Required
The establishment, operation, construction or development of uses, properties and structures shall be subject to all permitting and licensing requirements imposed by other sections of this Municipal Code or applicable local, state or federal laws. All applicable permits, licenses or other approvals including, without limitation, use, building, grading or other construction permits and business licenses shall be obtained prior to the start of work or operations. This specifically includes building, grading or other construction permits and business licenses, and permits/approvals of the responsible public agencies and service districts.

19.28.050 Applications and Fees
A. All applications for a permit, as identified in Chapters 19.30 through 19.64 of this Development Code, must be submitted in writing to the Planning Division in a manner approved by the Community Development Director on a completed City application designated for the specific request.

B. Minimum submittal requirements shall be established by the Community Development Director and are listed on the application checklist. Additional information specific to the permit and necessary for the complete analysis of an application may be required by the Director. All required material, information and fees shall be provided by the applicant before the application is accepted for processing. Applications initiated by the City shall not require an application fee.

C. Except for phased developments for which the City Council or Council designee has approved phased payment of fees, no application shall be considered complete for acceptance and processing until the required fees and deposits are paid in full.

D. The City Manager may grant a waiver or reduction in fees or deposits as established by City Council Resolution or action granting such authority.

19.28.060 Initiation of Application
Applications may be initiated by any interested party, the Community Development Director, Planning Commission or City Council, except that for any application proposing the specific use or development of land, such application shall only be initiated by either of the following:

A. Property owners or all contract purchasers of a subject property, or any person authorized in writing to act as an agent of the owner or contract purchasers.

B. Public agencies or utilities that have statutory rights of eminent domain for projects they have the authority to construct.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-3 and Common Procedures

19.28.070 Withdrawal of Application
A. Request. The Director may withdraw any application upon written request by the applicant, prior to the final determination on the permit.

B. Inactive Application. A complete application that has been inactive for a period longer than one year shall be considered withdrawn unless action is initiated. The one-year time period may be extended at the discretion of the Director, provided a request for extension is filed by the applicant prior to the conclusion of the one-year period and the Director finds reasonable cause to grant the extension.

C. Incomplete Application. If additional information or submittals are required and the application is not made complete within 60 days of the completeness determination letter, the application may be deemed by the City to have been withdrawn, and no action will be taken on the application. The 60-day time period may be extended for an additional time period not to exceed one year at the discretion of the Director if the Director finds that special circumstances exist and that unusual hardship to the applicant would result from deeming the application withdrawn. If the required material has not been submitted by the specified date, the application shall be deemed withdrawn. An extension shall only be considered by the Director provided a written request for extension and the associated fee are filed by the applicant prior to the conclusion of the initial 60-day period. The written request for extension shall contain the following information:

1. A written explanation of the delay.

2. The date by which the further application material, studies or information and, when required, further fees will be submitted.

D. Notice of Withdrawal. Upon determination that an application is withdrawn, the Director shall mail a Notice of Withdrawal to the applicant within three business days to notify the applicant that the application has been withdrawn and that all processing of the application has been terminated. A copy of the notice shall be placed in the project file. When an application has been deemed withdrawn, no further application for the same use upon the same property from the same applicant shall be accepted for processing for a period of six months from the date of the withdrawal. If the applicant subsequently wishes to pursue the project, a new application, including fees, plans, exhibits and other materials, must then be filed in compliance with this Chapter.

E. Fees Refunded. Permit fees collected by the City may be refunded to the applicant as follows:

1. Partial Refund. Partial refunds may be granted, at the discretion of the City Manager, only if, prior to processing of the application, the applicant submits a written request to withdraw the application.

2. No Refund. Permit fees are not otherwise refundable unless specifically approved by the City Council.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-4 and Common Procedures

19.28.080 Determination of Completeness
A. Application Completeness. The formal processing of an application shall begin on the date the application is deemed complete. The statutory time period of 30 days, established by state law for determining completeness (California Government Code Section 65943 [Permit Streamlining Act]), shall begin the day the application is submitted and date stamped by the Community Development Department. Within 30 days of application submittal, the Director shall determine whether or not the application is complete. The Director shall notify the applicant of the determination that either:

1. All the submittal requirements have been satisfied and the application has been accepted as complete; or

2. Specific information is still necessary to complete the application. The letter may also identify preliminary information regarding the areas in which the submitted plans are not in compliance with City development standards and application requirements.

B. Application Completeness Without Notification. If the written determination is not made within 30 days after receipt, and the application includes a statement that it is an application for a land use or development permit or entitlement, the application shall be deemed complete for purposes of this Article.

C. Resubmittal. Upon resubmittal of any incomplete application, a new 30-day period shall begin during which the Director shall determine the completeness of the application. Application completeness shall be determined as specified in Subsection 19.28.080.A (Application Completeness).

D. Incomplete Applications. If additional information or submittals are required and the application is not made complete within 60 days six months of the completeness determination letter, the application may be deemed by the City to have been withdrawn in accordance with Section 19.28.070 (Withdrawal of Application).

E. Right to Appeal. The applicant may appeal the determination in accordance with Section 19.28.120 (Appeals) and California Government Code Section 65943 (Permit Streamlining Act).

19.28.090 Application Review and Report
After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). Pursuant to Government Code Section 65944(d)(1), after the Community Development Director deems a development application complete, the Director shall provide a copy of the complete application to the Marine Corps Air Ground Combat Center for comment at least 30 days prior to any action by a decision-making body. All discretionary applications shall be subject to this requirement. The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. For permit requests decided at the administrative level, the Director will prepare a report, including a decision to approve, conditionally approve or deny the application. For permit requests DRAFT

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-5 and Common Procedures to be heard by the Planning Commission and/or City Council, the Director will prepare a report to the recommending authority and designated approving authority describing the project and may include a recommendation to approve, conditionally approve or deny the application. The report shall be provided to the applicant prior to consideration of the permit request, but no later than three business days prior to the hearing. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.

19.28.100 Public Hearing and Public Notice
A. Public Hearing Required. Where required pursuant to this Title, the following procedures shall govern the public notice and public hearing for a permit or other approval.

B. Notice of Hearing – Content. The notice of public hearing shall include the following information:

1. Date, time and place of hearing.

2. Identification of the reviewing or approving authority.

3. Location of project, including the Assessor’s Parcel Number (APN) and street location.

4. Project description.

5. Identification of project proponents/applicants.

6. CEQA determination statement.

7. Statement related to appeals and challenges, if applicable.

8. Information on the availability and location of staff reports and public review materials.

C. Notice of Hearing – Delivery. Pursuant to California Government Code Sections 65090 to 65094, not less than 10 days before the scheduled date of a hearing, public notice shall be given of such hearing in the manner listed below.

1. Notice of public hearing shall be published in at least one newspaper of general circulation in the City.

2. Except as otherwise provided herein, notice of the public hearing shall be mailed, postage prepaid, to the owners of property within a radius of 300 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners as shown on the current tax assessor’s records. The radius may be increased as determined to be necessary and desirable by the Director based on the nature of the proposed project. If the number of owners exceeds 1,000, the City may, in lieu of a mailed notice, provide notice by placing a notice of at least 1/8 page in one newspaper of general circulation within the City.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-6 and Common Procedures

3. Notice of the public hearing shall be mailed, postage prepaid, to the owner of the subject real property or the owner’s authorized agent and to each local agency expected to provide water, sewerage, streets, roads, schools or other essential facilities or services to the proposed project.

4. Notice of the public hearing shall be posted at City Hall.

5. Notice of the public hearing shall be mailed to any person who has filed a written request for notice.

6. Notice of the public hearing shall be posted at other locations designated by the City Council.

7. In addition to the notice required by this Section, the City may give notice of the hearing in any other manner it deems necessary or desirable.

8. The City Clerk shall be responsible for ensuring compliance with all notice requirements.

D. Requests for Notification. Any person who requests to be on a mailing list for notice of hearing shall submit such request in writing to the City Clerk. The City may impose a reasonable fee for the purpose of recovering the cost of such notification.

E. Receipt of Notice. Failure of any person or entity to receive any properly issued notice required by law for any hearing required by this Title shall not constitute grounds for any court to invalidate the actions of a designated approving authority for which the notice was given.

F. Hearing Procedure. Hearings as provided for in this Chapter shall be held at the date, time and place for which notice has been given as required in this Chapter. The recommending authority and approving authority shall conduct the public hearing and hear testimony from interested persons. The summary minutes, together with the names and addresses of all persons testifying, shall be prepared and made part of the permanent file of the case. Any hearing may be continued to a date certain with no additional notice required. If the hearing is not continued to a specific date/time, the hearing shall be re-noticed.

G. Time Limit for Decision. Within 35 days after the conclusion of a public hearing, a decision on the matter shall be rendered by the approving authority. The failure to render such a decision shall be deemed to constitute a denial.

H. Notice of Decision. Written notice of decision of the approval authority shall be provided to the applicant and all parties requesting such notification. Notices of decisions are not required for actions of a recommending body. The notice of decision shall be provided within three business days of the determination as follows:

1. Planning Commission Determination. The written notice of decision shall include:
a. The application request as acted upon by the Planning Commission. b. Any conditions of approval or other requirements applied to the decision.

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2. City Council Determination. The written notice of decision shall include:
a. The application request as acted upon by the City Council. b. Any conditions of approval or other requirements applied to the decision. c. The action taken by the City Council.

19.28.110 Approving Authority
A. Designated Approving Authority. The approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits) shall approve, conditionally approve or deny the proposed land use or development permit in accordance with the requirements of this Title. Generally, the Director and his/her designee will make nondiscretionary and discretionary decisions at the administrative level, the Planning Commission will make quasi-judicial decisions, and the City Council will make the legislative decisions. In acting on a permit, the approving authority shall make all required findings. An action of the approving authority may be appealed pursuant to procedures set forth in Section 19.28.120 (Appeals).

Table 19.28.110-1
Approving Authority for Land Use Permits
Permit Type Development
Code Section Notice Public Hearing
Approval
Authority
Appeal
Authority
Administrative Use Permit (AUP) 19.38 Yes No CDD PC
Conditional Use Permit (CUP) 19.42 Yes PC PC CC
Development Agreement (DA) 19.52 Yes PC/CC CC NA
General Plan Amendment (GPA) 19.50 Yes PC/CC CC NA
Home Occupation Permit (HOC) 19.32 Yes No CDD PC
Minor Exception 19.37 No No CDD PC
Planned Development 19.43 Yes PC PC CC
Reasonable Accommodation 19.54 No No CDD PC
Sign Permit 19.88 See Chapter 19.88 (Signs) for requirements by sign type Similar Use Determination 19.40 Yes PC PC CC
Site Plan Review (SPR) 19.36 No No CDD PC
Specific Plan 19.48 Yes PC/CC CC NA
Surface Mining and Land Reclamation Permit 19.58 Yes PC/CC CC NA DRAFT

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-8 and Common Procedures Permit Type Development
Code Section Notice Public Hearing
Approval
Authority
Appeal
Authority
Temporary Use Permit (TUP) 19.34 No No CDD PC
Transient Seller’s Permit or Sidewalk
Vending Permit

19.56 No No CDD PC
Vacation Home Rental Permit (VHRP) 19.41 Yes No CDD PC
Variance 19.44 Yes PC PC CC
Zone Change or Development Code
Amendment

19.46 Yes PC/CC CC NA
Zoning Clearance (ZC) 19.30 No No CDD NA
CC = City Council
PC = Planning Commission
CDD = Community Development Director
NA = Not Applicable
B. Multiple Entitlements. When a proposed project requires more than one permit or entitlement with more than one approving authority, all project permits and entitlements shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all such requested permits and entitlements. Projects that require legislative approvals (e.g., Zone Change, General Plan Amendment) may go to the City Council as stand-alone items with the associated discretionary or nondiscretionary approvals stopping at the Director and the associated quasi-judicial approvals stopping at the Planning Commission.

C. Referral to the Planning Commission. At any point in the review process, the Director may transfer decision-making authority to the Planning Commission at his/her discretion because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the Planning Commission shall be considered at a public hearing. Public notice of hearing shall be provided pursuant to Section 19.28.100 (Public Hearing and Public Notice)., when notice to surrounding property owners is required by state law or local ordinance. The public hearing shall be conducted pursuant to Section 19.28.100. A referral to the Planning Commission is not an appeal and requires no appeal application or fee.

D. Referral to the City Council. At any point during the Planning Commission hearing, the Planning Commission may, by simple majority, transfer decision-making authority to the City Council because of policy implications, unique or unusual circumstances, or the magnitude of the project. Decisions referred to the City Council shall be considered at a noticed public hearing. Public notice shall be provided and a public hearing conducted pursuant to Section 19.28.100 (Public Hearing and Public Notice). A referral to the City Council is not an appeal and requires no appeal application or fee.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-9 and Common Procedures

19.28.120 Appeals
A. Appeal Authority. Any discretionary action of the Director or Planning Commission made pursuant to this Title may be appealed to the designated appeal authority listed in Table 19.28.120-1 (Appeal Authority). Nondiscretionary decisions by the Director may not be appealed. Actions taken by the Planning Commission as appeal authority may be further appealed to the City Council. Decisions by the City Council are final and may not be appealed.

Table 19.28.120-1
Appeal Authority
Approval Authority for Action Being Appealed
Appeal Authority
Planning Commission City Council
Director of Community Development X
Planning Commission X
B. Right to Appeal. Any aggrieved person may file an appeal pursuant to this Chapter. An aggrieved person shall be any person who, in person or through a representative, appeared at a public hearing of the City of Twentynine Palms in connection with the decision or action being appealed; or who, by other appropriate means prior to the hearing, informed the approving authority of the nature of his/her concern(s); or who, for good cause, was unable to do either.

C. Filing an Appeal. Appeals shall be submitted to the Community Development Director with the appropriate fees, as determined by the City’s fee schedule adopted by Council resolution, on forms provided by the Community Development Department and shall include at a minimum:

1. The date the action was taken.

2. Specific condition, standard(s) or action being appealed.

3. The Development Code or other standard applicable to matter(s) being appealed.

4. A written statement specifying the basis or grounds of the appeal by stating why the decision of the approving authority is not in accord with the standards and regulations of the City’s Municipal Code, Development Code, or other policy or regulation and/or why it is believed that there was an error or an abuse of discretion by the approving authority.

5. Appeals shall only be considered if filed within 10 consecutive calendar days following the date of action for which the appeal is made. If the last day to act falls on a nonbusiness day, the following business day shall be deemed to be the last day to act.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-10 and Common Procedures D. City Council Member Appeal. Any member of the City Council may initiate an appeal of any action of the Planning Commission based on the requirements of Section 19.28.120.C (Filing an Appeal).

Appeals filed by the City Council, as set forth herein, shall be exempt from payment of fees that would otherwise apply.

E. Notice and Schedule of Appeal Hearings. Unless otherwise agreed upon by the person filing the appeal and the applicant, appeal hearings should be conducted within 30 days from the date of appeal submittal. Notice of hearing for the appeal shall be provided pursuant to the noticing requirements of Section 19.28.100 (Public Hearing and Public Notice).

F. Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. If the appeal authority finds that the approving authority did not misinterpret any policy or ordinance or did not err in exercising its discretion, the appeal shall be denied. If the appeal authority finds that the approving authority did misinterpret a policy or ordinance and/or err in exercising its discretion, the appeal authority shall provide written findings for its decision prior to taking action to approve the appeal. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. Written notice of decision shall be issued in accordance with Section 19.28.100.H (Notice of Decision).

19.28.130 Permit Time Limits, Expiration and Extensions A. Time Limits. Any permit not exercised within the specified time limit from the date of approval shall expire and become void, except where an extension of time is approved pursuant to this Section.

B. Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the Director and the Building Official and incurred substantial liabilities in good faith reliance upon such permit(s). A permit may be otherwise exercised pursuant to a condition of the permit or corresponding legal agreement that specifies that other substantial efforts or expenditures constitutes exercise of the permit. Following are the criteria for determining if a permit has been exercised and therefore would not expire:

1. A Building Permit is issued, construction commenced on the primary building on site, at least one building inspection has been requested and passed, and the Building Permit remains active for any approved phase of the project.

2. A Certificate of Occupancy is issued for the use or structure.

3. The site is occupied in accordance with the approved permit.

4. The site is occupied in accordance with an approved phase of a phased development.

5. An extension of time is approved in accordance with Section 19.28.130.C (Permit Extensions), if applicable.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-11 and Common Procedures C. Permit Extensions. The approval of an extension extends the expiration date for up to two years from the original permit or entitlement expiration date. A maximum of three extensions are permitted.

1. Process. Extension of time requests for projects shall be considered if submitted in writing to the Community Development Department at least 30 days prior to the expiration date of the permit or approval, along with appropriate fees and application submittal materials. The same approving authority that granted the original permit may extend the period within which the exercise of a permit must occur. Notice and/or public hearing shall be provided in the same manner as for the original permit, as applicable.

2. Conditions. The permit, as extended, may be conditioned to comply with any development standards that may have been enacted since the permit was initially approved. Extensions may be granted only if it is found that there have been no significant changes in the General Plan, Development Code or character of the area within which the project is located that would cause the approved project to become nonconforming and that the granting of an extension will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

3. Permit Extension Findings. The extension may be granted only when the designated approving authority finds that the original permit findings can still be made and there are no changed circumstances, or there has been diligent pursuit to exercise the permit or entitlement that warrants such extension.

D. Permit Expiration. If the time limits are reached with no extension requested, or a requested extension is denied or expires, the permit shall expire.

E. Permit Expiration for a Closed Business. 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.

19.28.140 Amendments to Previously Approved Permits
A. Applicability. Any person holding a permit granted under this Title may request an amendment to that permit. For the purpose of this Section, the amendment of a previously approved permit may include modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.

B. Request for Amendment. An applicant may request an amendment to a permit after the effective date of the permit.

C. Review Process. A permit amendment may be granted only when the designated approving authority makes all findings required for the original approval. The designated approving authority for amendment to a previously approved permit shall be determined as follows:

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-12 and Common Procedures

1. Substantial Conformance. The Director may approve minor changes to a previously approved permit at the administrative level if the proposed changes are in substantial conformance with the existing permit, as determined by the Director. Such proposed changes shall not significantly affect the design, intensity or intent of the approved project or reduce any requirement intended to mitigate an environmental effect. No notice of decision is required.

2. Minor Amendment. Minor amendments to a previously approved permit shall be processed as follows:
a. Applicability. A minor amendment is a non-substantive change of a previously approved permit. Minor amendments include:
i. Changes to residential projects which result in a change in total number of units equal to or less than 10 percent of the existing number of units or equal to or less than 10 units, whichever is less.
ii. Floor plan changes which result in a change in total square footage equal to or less than 10 percent of the existing square footage or equal to or less than 2,500 square feet, whichever is less.
iii. Modifications to parking and circulation configurations which do not change the basic parking areas or circulation concept and do not reduce the number of required parking spaces by 10 percent or less of the otherwise required parking spaces. iv. Building placements which do not change the general location of the building or layout of the site.
v. Landscape modifications which do not alter the general concept or reduce the effect or amount of landscaping originally approved.
vi. Changes to allow fulfillment of a condition of approval in a manner that may vary from that specified in the original conditions, provided that the intent and purpose of such original condition is fully met.
vii. Other requests similar to the above-listed minor amendments, as determined by the Director.
b. Review Process. The Director is the designated approval authority for minor amendments. No public hearing shall be required. A written notice of decision shall be issued in the same manner as the original permit. Minor amendments may be appealed.

3. Major Amendment. Major amendments to a previously approved permit shall be processed as follows:

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Major amendments include:
i. Changes to residential projects which result in a change in total number of units of more than 10 percent of the existing number of units or more than 10 units, whichever is less. ii. Floor plan changes which result in a change in total square footage of more than 10 percent of the existing square footage or more than 2,500 square feet, whichever is less. iii. Modifications to parking and circulation configurations which change the basic parking areas or circulation concept or result in a reduction of the number of required parking spaces exceeding 10 percent of the otherwise required parking spaces. iv. Building placements which change the general location of the building or layout of the site. v. Landscape modifications which alter the general concept or reduce the effect or amount of landscaping originally intended.
vi. Changes to a condition of approval in a manner that changes the effect of the condition from its original form and intent.
vii. All amendments to an approved Development Agreement. viii. Other requests similar to the above-listed major amendments, as determined by the Director.
b. Review Process. The original approving authority shall be the designated approving authority for major amendments. A major amendment shall be processed in the same manner and subject to the same standards as the original application.

19.28.150 Violations and Enforcement
A. Violations.

1. Upon violation of any applicable provision of this Title or, if granted subject to conditions, upon failure to comply with conditions of approval, or due to a change in site conditions occurring after the original grant of permit which change in conditions makes the continuation of said permit incompatible with the general welfare of the surrounding neighborhood, said permit shall be suspended automatically.

2. A public hearing shall be held in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).

B. Enforcement. Enforcement of this Title shall be as provided in Article 6, Code Compliance Regulations, or other applicable sections of the Municipal Code.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-14 and Common Procedures

19.28.160 Revocation or Modification
A. Purpose. Notwithstanding the provisions of Section 19.28.140 (Amendments to Previously Approved Permits), this Section provides procedures for the revocation or modification of previously approved permits or entitlements as follows:

1. Revocations. The City’s action to revoke a permit or entitlement shall have the effect of terminating the permit or entitlement and denying the privileges granted by the original approval.

2. Modifications. The City may choose to allow the modification of the operational characteristics instead of revoking a permit or entitlement. These modifications may include operation aspects related to buffers, duration of the permit or entitlement, hours of operation, landscaping, lighting, parking, performance guarantees, property maintenance, signs, surfacing, traffic circulation, etc.

B. Applicability. Revocation proceedings for any permit or entitlement granted in accordance with this Title may be initiated by the City if any of the following apply:

1. A violation of conditions of approval or applicable development standards exists.

2. The permit or entitlement was obtained by misrepresentation or fraud.

3. The use has become detrimental to the public health or safety or constitutes a nuisance.

4. Circumstances under which the permit or entitlement was granted have changed to a degree that affects the validity of the findings contained in the original permit or entitlement.

C. Notice of Intent to Initiate Revocation or Modification Proceedings. Such revocation may be initiated by adopting a Resolution of Intention, which is a resolution indicating the City’s intent to revoke the approval or permit. Such resolution may be adopted by either the Planning Commission or the City Council. The Resolution shall allow reasonable opportunity for the permittee to correct the noncompliance to the satisfaction of the City. Such reasonable opportunity for correction may be provided by scheduling a hearing on the revocation, for a date which will allow reasonable time for correction.

D.C. Approving Authority.

1. The Planning Commission shall be the designated approving authority for consideration of a revocation or modification of a permit or entitlement where the Director or Planning Commission was the original approving authority.

2. The City Council shall be the designated approving authority for consideration of a revocation or modification of a permit or entitlement where the City Council was the original approving authority.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-15 and Common Procedures E.D. Noticed Public Hearing. The decision to revoke or modify a permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing, as applicable. Public notice shall be provided and a public hearing conducted pursuant to Section 19.28.100 (Public Hearing and Public Notice), except that a special notice shall also be delivered in writing to the applicant and/or owner of the property for which the permit was granted.

F.E. Findings. A land use permit may be revoked or modified by the designated approving authority that originally approved the permit if any of the following findings can be made:

1. Circumstances under which the permit was granted have been changed to a degree that one or more of the findings contained in the original permit can no longer be met.

2. The permit was issued, in whole or in part, on the basis of a misrepresentation or omission of a material statement in the application, or in the evidence presented during the public hearing, for the permit.

3. One or more of the conditions of the permit have not been substantially fulfilled or have been violated.

4. The use or structure for which the permit was granted has ceased to exist or has lost its legal nonconforming use status.

5. The improvement authorized in compliance with the permit is in violation of any applicable code, law, ordinance, regulation or statute.

6. The improvement or use allowed by the permit has become detrimental to the public health, safety and general welfare, or the manner of operation constitutes or is creating a public nuisance.

19.28.170 Reapplications
A. Applicability. An application shall not be accepted or acted upon if within the past one year the City has denied an application for substantially the same project on substantially the same real property, unless the Director finds one or more of the following circumstances to exist:

1. New Evidence. There is new evidence that would support approving the project that was not presented at the previous hearing and could not have been previously discovered in the exercise of reasonable diligence by the applicant.

2. Substantial and Permanent Change of Circumstances. There has been a substantial and material change of circumstances since the previous hearing that affects the applicant’s real property.

3. Mistake at Previous Hearing. A mistake was made at the previous hearing that was a material factor in the denial of the previous application.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-16 and Common Procedures

19.28.180 Indemnification and Hold Harmless for Discretionary Land Use Approvals
A. Applicability. At the time of submitting an application for a discretionary land use approval, and as a condition of approval, all applicants requesting such an approval agree, as a part of the required application, to defend, indemnify and hold harmless the City from any claim, action or proceeding brought to attack, set aside, void or annul any subsequent approval by the City which is brought within the applicable statute of limitations. The indemnification shall include damages awarded against the City, costs of suit, attorneys’ fees and other costs and expenses incurred in connection with any such claim, action or proceeding. The City Attorney shall draft, and the approving authority shall approve, such language as may be included as a condition of approval of any entitlement or discretionary land use approval granted by the City. The provisions of this Section shall apply in all cases whether or not such language is reflected in the approval of any entitlement or discretionary land use approval granted by the City.

B. Notification. In the event that a claim, action or proceeding referenced in Subsection 19.28.180.A is brought, the City shall promptly notify the applicant thereof. Nothing set forth in this Section shall prohibit the City from participating in the defense of any claim, action or proceeding if the City elects to bear its own attorneys’ fees and costs and defends the action in good faith.

C. As used in this Section, the following words and phrases are used and defined as follows:

1. City. The City of Twentynine Palms City Council, the Planning Commission, the Planning Department, the Public Works Department and all advisory agencies, appeals boards, officers, agents, consultants, contractors and employees of the City of Twentynine Palms.

2. Discretionary Land Use Approval. Any decision of the City approving a request of an applicant including but not limited to the following: a General Plan amendment, rezoning, tentative map, vesting tentative map, parcel map, final map, final map modification or amendment, time extension, boundary line adjustment, certificate of compliance, conditional use permit, administrative use permit, use permit modification, use permit extension, variance or variance modification, minor exception, vacation home rental permit, temporary use permit, reclamation plan, site plan review permit, or any other land use, public works or engineering entitlement requiring the City's exercise of judgment in the imposition of or a decision not to impose conditions of approval, and any accompanying CEQA determination pertaining to any such approval.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.29-1 Fees and Deposits Chapter 19.29 Fees and Deposits
Sections:

19.29.010 Purpose ........................................................................................................................ 19.29-1

19.29.020 Applicability ............................................................................................................... 19.29-1

19.29.030 Definitions ................................................................................................................... 19.29-1

19.29.040 Application Deposits ................................................................................................... 19.29-3

19.29.050 Project Account ........................................................................................................... 19.29-4

19.29.060 Required Payments ..................................................................................................... 19.29-4

19.29.070 Costs, Expenses and Fees ............................................................................................ 19.29-5

19.29.080 Attorney’s Fees ........................................................................................................... 19.29-5

19.29.090 Objections/Appeal Procedures .................................................................................... 19.29-5

19.29.100 Change of Ownership.................................................................................................. 19.29-5

19.29.110 Agreement to be Bound by this Chapter ..................................................................... 19.29-6

19.29.010 Purpose
This Chapter establishes procedures to assess and collect fees, deposits, costs, and expenses relating to or pertaining to the processing of development-related applications pursuant to this Code. Processing fees are intended to defray the administrative costs and third party charges to the City connected with the processing and conducting of hearings associated with the review of land use and property development applications to ensure consistency with state law and local ordinances. Such fees do not constitute a tax or other revenueraising program.

19.29.020 Applicability
The Director is authorized to assess and collect fees, deposits, costs, and expenses relating to or pertaining to the processing of development-related applications pursuant to this Chapter and state law. Payment of a processing fee and deposit(s) in the amount(s) established by City Council Resolution is required prior to the commencement of processing of any application requiring such fee and/or deposit.

19.29.030 Definitions
The following words, terms and phrases, when used in this Chapter shall have the meanings ascribed to them in this Chapter, except where the context clearly indicates a different meaning.

A. Applicant. An owner or an owner’s authorized agent who submits an Application, proposal, petition, or project to the City.

B. Application. Any application, petition or proposal for which the City’s approval is required , that is submitted to the City pertaining to the development of real property involving one or more of the following:

1. Development Agreements
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Effective August 25, 2016 Page 19.29-2 Fees and Deposits

2. Zoning Map and Development Code Amendments

3. General Plan Amendments

4. Zone Change (Rezone)

5. Parcel Maps and/or Subdivision Maps

6. Specific Plans and Amendments

7. Planned Developments

8. Site Plan Review

9. Conditional Use Permits

10. Administrative Use Permits

11. Variances

12. Minor Exceptions

13. Surface Mining and Land Reclamation Permits

14. Development-Related Activities described in Section 19.29.040(b).

C. Application Deposit. A deposit of money, as established by this Chapter, to be paid by an Applicant at the time of filing an Application.

D. Application Fee. The basic fee established by City Council resolution required for the processing of all applications for land use entitlement or other approval as may be required by this Code, which is designed to cover the City’s internal administrative costs in processing such applications.

E. City. The City of Twentynine Palms.

F. City Consultant. Those third party individuals or entities under contract with the City to provide services to or for the City, or who provide technical or legal expertise to or for the City, including but not limited to attorneys, biologists, geologists, engineers, surveyors, planners, architects, and environmental specialists with expertise in the requirements of the California Environmental Quality Act (CEQA).

G. Owner. An owner or group of owners to a particular lot, tract, or parcel of real property that is the subject of an Application.

H. Owner’s Authorized Agent. An agent of the Owner who is duly authorized to submit and process an Application.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.29-3 Fees and Deposits I. Project Account. The individual account established by the Director or his or her designee upon receipt of an Application and Application Deposit.

19.29.040 Application Deposits
A. Application Deposit Required. After filing an Application, an Owner or Owner’s Authorized Agent shall be required to submit an Application Deposit, payable to the City by money order, personal or company check, credit card or cashier’s check, which shall be delivered to and collected by the City within 10 days of receiving a request to make said Application Deposit. Said Application Deposit shall be utilized to reimburse the City for the actual costs incurred by the City (including but not limited to the cost of third party professionals to serve as City Consultants) to process the Application as required by this Code. The Director or his or her designee shall determine the amount of the Application Deposit based upon the complexity and scope of the Application, the expected involvement of City Consultants, and the expected processing-related costs and fees to be incurred by the City as a result of its processing of the Application. No review of any Application shall commence, and no application shall be deemed complete, until the Application Fee and Application Deposit, if applicable, is paid. The Applicant shall execute a written reimbursement agreement at the time of Application submittal to ensure the Applicant’s responsibility for all of the City’s actual costs in processing the Application as set forth herein. The form of the reimbursement agreement shall be approved by the City Attorney.

B. Other Types of Development-Related Activities. Upon good cause shown, the Director or his or her designee may require an Application Deposit, paid as set forth in Subsection (a) above to be delivered to and collected by the City at the time of submission of a development-related application. , other than those specifically identified in the definition of Application set forth in Section 19.29.030, subparagraphs a. through m., above. The Director, or his or her designee, shall determine the appropriate amount of the Application Deposit and whether an Application Deposit is required based upon the factors listed in Subsection (a) above.

C. Deferral of Requests for Application Deposits. The Director or his or her designee may choose to not initially require an Application Deposit if he or she believes the amount of the fees, costs, and expenses relating to the Application are not likely to exceed the Application Fee. Should the Director or his or her designee thereafter determine, in his or her sole and absolute discretion, that requiring an Application Deposit is in the City’s best interests, he or she may require one at that time, and the Owner or Owner’s Authorized Agent shall be required to submit an Application Deposit, payable to the City by money order, personal or company check, credit card or cashier’s check, which shall be delivered to and collected by the City within 10 days of receiving a request to make said Application Deposit. If the Application Deposit is not paid within that time period, the City will have no obligation to process the Application until and unless the Application Deposit is made.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.29-4 Fees and Deposits

19.29.050 Project Account
A. Creation. Once an Application has been submitted to the City and the Application Deposit has been collected, the Finance Director or his or her designee shall establish an individual Project Account, which shall contain the Application Deposit and any and all subsequent deposits required by the City of the Applicant. All fees, expenses and costs incurred by the City in association with the processing of the Application shall be charged to and deducted from the Project Account.

B. Invoices. The Director or his or her designee shall, on a monthly basis, submit to the Applicant an invoice showing all of the costs, expenses and fees deducted from the Project Account.

C. Replenishment. In the event the Director or his or her designee determines that the balance remaining in the Project Account is insufficient to cover the anticipated expenses remaining in the Application process, he or she shall request that the Applicant replenish the Project Account before additional work on the relevant Application continues. The deposit replenishing the Project Account shall be made in the same form and its amount shall be based upon the same factors listed in Section 19.29.040(a) above.

If payment is not received, the Director or his or her designee shall send a written notice to the Applicant, City Staff, and City Consultants instructing them to cease all work relating to the project unless and until further notice from the Director or his or her designee. Work shall not re-commence unless and until all outstanding fees, costs and expenses due under this Chapter are paid in full and all required account replenishment is made.

D. Termination; Refund. The Project Account shall be maintained throughout the entire review, processing, inspection, and regulation process, until the later of: (i) final action (after all appeals periods have run) by the City Council has occurred with respect to the Application; (ii) no further significant involvement of the City Staff or City Consultants is expected to occur and all outstanding invoices have been accounted for; (iii) the City has been paid all of the amounts due under this Chapter and the Municipal Code; or (iv) the expiration of any warranty period associated with the conveyance or dedication of improvements to the City. Unexpended proceeds in the Project Account shall be returned to the Application within 30 days of the termination.

E. Deficiency and Liens. If the expenses incurred by the City exceed the Application Deposit, and the Project Account is not replenished within the required time, the City may take legal action to collect the deficiency, including but not limited to retaining a collection agency or attorney and/or recording and foreclosing a notice of lien. The Applicant shall be personally liable for any expenses incurred by the City that exceed the total sum of all Project Account deposits. The Applicant shall not escape liability by abandoning or withdrawing the Application.

19.29.060 Required Payments
Payment for any outstanding costs, expenses and fees incurred by the City under this Chapter is a requirement before the Application will be considered for the City’s final approval.

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Effective August 25, 2016 Page 19.29-5 Fees and Deposits

19.29.070 Costs, Expenses and Fees
All costs, expenses and fees incurred by the City that relate directly to the processing of an Application, including but not limited to expenses incurred by third party City Consultants acting at the direction of the City, shall be assessed to the Applicant, deducted from the Project Account, and reimbursed to the City.

Assessable expenses shall not include the cost of City Staff time in reviewing an Application, as such time shall be deemed to have been reimbursed by the Application Fee.

City Consultants shall submit records of their time, fees, costs and expenses to the Director or his or her designee and such fees, costs and expenses shall also be forwarded to the Applicant upon request except that all materials or communications deemed by the City to consist of Attorney-Client privilege and Attorney-Client Work products shall not be provided.

19.29.080 Attorney’s Fees
In the event the City is required to enforce this Chapter, the City shall be entitled to recover from the Applicant all costs and expenses incurred, including but not limited to its reasonable attorneys’ fees, paralegal fees and other costs and expenses, whether incurred prior to, during or subsequent to court proceedings or on appeal, and/or in any bankruptcy proceedings involving the Applicant, the real property and/or the project being reviewed.

19.29.090 Objections/Appeal Procedures
Any objection to any expense, fee or cost charged to a Project Account or to any matter set forth in this Chapter must be set forth in writing and addressed and delivered to the Director on or before the tenth day after the date of the relevant invoice. In the event the Director denies the objection, the Applicant shall have 10 days after the date of the Director’s written decision to file an appeal of such decision with the City Clerk or his/her designee, which appeal shall be heard by the City Council. All objections and appeals shall set forth in detail the reasons and evidence upon which the objection and appeal are based.

19.29.100 Change of Ownership
An Applicant shall provide prompt written notice to the Director in the event of a change in ownership of all or a portion of a lot, tract, or parcel of real property with respect to which an Application is pending before the City. Such notice shall be on a form approved by the City and shall include the name, address and phone number of the new owner and a legal description of the lot, tract or parcel of real property now owned by the new owner. Any such new owner (i) shall not be entitled to utilize or draw upon any Application Deposit previously paid to the City by the original Applicant, (ii) shall be liable to the City for all fees, costs and expenses related to the lot, tract or parcel of real property which arise subsequent to the date the new owner acquires title to such real property, and (iii) may be required by the City to submit a separate Application Deposit in the same manner as the original Application Deposit, in which case a separate Project Account will be opened in the name of the new owner or the new owner’s authorized agent.

If a separate Application Deposit is required, no work shall be undertaken by the City or its Consultants with respect to the lot, tract or parcel of real property under control of the new owner until a separate Application Deposit is paid to the City. Until such time as the City receives such written notice of a change in ownership, the original Applicant and the new owner shall be jointly and separately severally liable to DRAFT

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.29-6 Fees and Deposits the City for all fees, costs and expenses associated with the Application. Additionally, the original applicant shall be entitled to a refund of any Application Deposit balance as of the date said change of ownership notice is received by the City, provided all assessable costs, expenses and fees incurred to that date are paid in full and a substitute Application Deposit has been received from the new owner.

19.29.110 Agreement to be Bound by this Chapter
Submission of an Application shall constitute the consent and agreement for the Applicant and the Owner to be bound by the provisions of this Chapter.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.36-1 Site Plan Review Chapter 19.36 Site Plan Review
Sections

19.36.010 Purpose ............................................................................................................... 19.36-1

19.36.020 Applicability ....................................................................................................... 19.36-1

19.36.030 Application and Required Fees .......................................................................... 19.36-2

19.36.040 Approving Authority .......................................................................................... 19.36-2

19.36.050 Public Hearing and Notice ................................................................................. 19.36-2

19.36.060 Conditions of Approval ...................................................................................... 19.36-3

19.36.070 Findings for Approval ........................................................................................ 19.36-3

19.36.080 Notice of Decision .............................................................................................. 19.36-3

19.36.090 Effective Date ..................................................................................................... 19.36-3

19.36.100 Appeals ............................................................................................................... 19.36-3

19.36.110 Expiration ........................................................................................................... 19.36-5

19.36.120 Extension of Time .............................................................................................. 19.36-5

19.36.130 Amendments ....................................................................................................... 19.36-5

19.36.010 Purpose
The purpose of this Chapter is to define the procedures for Site Plan Review and the types of permitted uses and projects that are subject to the Site Plan Review process. Site Plan Review is a process that enables the City to ensure the quality and compatibility of proposed development in a timely and efficient manner; ensure conformance with all applicable local standards, ordinances, design guidelines and other applicable plans and policies; allow City departments to review new development proposals and place reasonable conditions to ensure that the public health, safety and welfare is maintained; and promote the goals and policies of the adopted General Plan.

19.36.020 Applicability
A. Site Plan Review Required. A Site Plan Review is required prior to establishment or construction of any permitted use so designated with a “P” in the applicable land use tables (Chapters 19.08 thru 19.22) district, subject to the following: and which meet the following qualifications:

1. All projects for multi-family residential development, including new construction and additions/alterations, in the R-HD district regardless of size or scope of project.

2. Construction of a multi-family residential project of 4 to 10 units.

3. Additions or alterations to existing residential projects that result in 4 to 10 additional units.

4. New construction of commercial, industrial or institutional projects of 500 square feet to 2,500 square feet of floor area.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.36-2 Site Plan Review

5. Structural additions less than of 500 square feet do not require land use entitlement to 2,500 square feet to existing nonresidential facilities.

6. New construction or expansion of parking lots with 50 or fewer parking spaces.

7. Modifications to parking and circulation configurations which change the basic parking areas or circulation patterns, with a reduction in parking spaces.

8. The establishment and/or construction of an outdoor storage area, regardless of size.

9. Placement/construction of accessory uses or structures of 500 square feet to 2,500 square feet in size for multi-family, commercial, industrial or public uses and which are visible from public rightof-way.

10. Placement or construction of windmills or solar energy collectors for noncommercial use in residential districts meeting the height limits established in Chapter 19.68 (General Development Standards and Exceptions).

11. Reciprocal parking agreements in conformance with Section 19.82.080 of this Code (Reciprocal Parking Facilities).

B. Administrative Use Permit or Conditional Use Permit Required. Allowed uses that exceed the qualifications identified in Subsection 19.36.020.A (Site Plan Review Required), except where specifically modified by the particular land use district where the use or activity is proposed, shall require an Administrative Use Permit or Conditional Use Permit in accordance with the qualifications identified in Chapter 19.38 (Administrative Use Permit) or Chapter 19.42 (Conditional Use Permit).

19.36.030 Application and Required Fees
A. Application Filing and Processing. Applications for a Site Plan Review shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

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

19.36.040 Approving Authority
Site Plan Review shall be approved by the specified approving authority as designated in Table 19.28.110- 1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a Site Plan Review application.

19.36.050 Public Hearing and Notice
No public hearing is required for review and processing of a Site Plan Review.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.36-3 Site Plan Review A. Any proposed project that is 7,500 square feet or larger shall be reviewed by the Planning Commission at a public hearing noticed in accordance with Section 19.28.100 (Public Hearing and Public Notice).

19.36.060 Conditions of Approval
In approving an application for a Site Plan Review, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

19.36.070 Findings for Approval
Prior to approving a Site Plan Review as prescribed by this Chapter, the approving authority shall make all the following findings:

A. The proposal meets the standards of the Development Code and will result in an appropriate and desirable development.

B. The site is suitable in size, shape, and topography for the proposed development.

C. The site improvements are appropriate and will result in a safe, well-designed facility.

D. Approval of the project is consistent with the goals and policies of the adopted General Plan.

19.36.080 Notice of Decision
Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:

A. The application request as acted upon by the Director.

B. The action taken by the Director.

C. Findings as listed for the permit.

D. The deadlines, criteria and fees for filing an appeal.

19.36.090 Effective Date
Site Plan Reviews shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

19.36.100 Appeals
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

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Effective August 25, 2016 Page 19.36-4 Site Plan Review DRAFT

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.36-5 Site Plan Review

19.36.110 Expiration
A. Site Plan Reviews shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

B. Exceptions. A Site Plan Review for a public utility installation may be valid for a longer period if specified by the approving authority.

19.36.120 Extension of Time
The expiration date of a Site Plan Review may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

19.36.130 Amendments
An applicant may request an amendment to a Site Plan Review after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 19.28.140 (Amendments to Previously Approved Permits).

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.38-1 Administrative Use Permit Chapter 19.38 Administrative Use Permit
Sections

19.38.010 Purpose ............................................................................................................... 19.38-1

19.38.020 Applicability ....................................................................................................... 19.38-1

19.38.030 Application and Required Fees .......................................................................... 19.38-2

19.38.040 Approving Authority .......................................................................................... 19.38-2

19.38.050 Public Hearing and Notice ................................................................................. 19.38-2

19.38.060 Conditions of Approval ...................................................................................... 19.38-2

19.38.070 Findings for Approval ........................................................................................ 19.38-3

19.38.080 Notice of Decision .............................................................................................. 19.38-3

19.38.090 Effective Date ..................................................................................................... 19.38-3

19.38.100 Appeals ............................................................................................................... 19.38-5

19.38.110 Expiration ........................................................................................................... 19.38-5

19.38.120 Extension of Time .............................................................................................. 19.38-5

19.38.130 Amendments ....................................................................................................... 19.38-5

19.38.010 Purpose
This Chapter establishes procedures for approval, conditional approval, and denial of Administrative Use Permits. The Administrative Use Permit provides for Director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of the specific development proposal for a specific site. Uses qualifying for an Administrative Use Permit are generally minor in nature, only have an impact on immediately adjacent properties and can be modified and/or conditioned to ensure compatibility with surrounding uses and the requirements of this Code.

19.38.020 Applicability
An Administrative Use Permit is required prior to establishment or construction of any use so designated in the applicable land use tables (Chapters 19.08 thru 19.22) district, including, but not limited to the following:

A. Construction or establishment of a new administrative use as established in the applicable land use district.

B.A. Expansion or modification of any existing administrative use, not previously approved by the City.

C.B. Construction of a multi-family residential project of 10 to 24 units in the RM District.

D.C. Additions or alterations to existing residential projects that result in 10 to 24 additional units.

E. New construction of commercial, industrial or institutional projects of more than 2,500 square feet of floor area.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.38-2 Administrative Use Permit F. Structural additions of more than 2,500 square feet to existing nonresidential facilities.

G. New construction or expansion of parking lots of more than 50 parking spaces.

H.D. Placement/construction of accessory uses or structures of more than 2,500 square feet in size for multi-family, commercial, industrial or public uses and which are visible from public right-of-way.

I.E. Placement or construction of windmills or solar energy collectors for noncommercial use in residential districts exceeding the height limits in accordance with Chapter 19.68 (General Development Standards and Exceptions).

J.F. Deviations from development standards, as specified by this Code.

19.38.030 Application and Required Fees
A. Application Filing and Processing. Applications for an Administrative Use Permit shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

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

19.38.040 Approving Authority
Administrative Use Permits shall be approved by the specified approving authority as designated in Table

19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny an Administrative Use Permit application.

19.38.050 Public Hearing and Notice
No public hearing is required for review and processing of an Administrative Use Permit.

A. Any proposed project that is 7,500 square feet or larger shall be reviewed by the Planning Commission at a public hearing noticed in accordance with Section 19.28.100 (Public Hearing and Public Notice).

19.38.060 Conditions of Approval
In approving an application for an Administrative Use Permit, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

Conditions may include, but shall not be limited to:

A. Requirements for special building setbacks, open spaces, buffers, fences, walls and screening.

B. Requirements for installation and maintenance of landscaping, and erosion control measures.

C. Requirements for street and other infrastructure improvements and related dedications.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.38-3 Administrative Use Permit D. Regulation of vehicular ingress, egress, and traffic circulation.

E. Regulation of hours of operation or other characteristics of operation.

F. Requirements for increased security.

G. Requirements for periodic review.

H. Requirements for special building design and features to enhance the visual impact and integrate the use into the community.

I. Other conditions as may be deemed necessary by the approving authority to make the findings required by this Chapter.

19.38.070 Findings for Approval
Prior to approving an Administrative Use Permit as prescribed by this Chapter, the approving authority shall make all the following findings:

A. That the design and location of the proposed use and the conditions under which it will be operated are in accordance with the purpose of this Development Code, the zoning regulations applicable to the site, Design Guidelines applicable to the proposed use, the goals and policies of the adopted General Plan, and other applicable development policies and standards of the City.

B. That the design and location of the proposed use and the conditions under which it will be operated will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity.

C. That the site is adequate in size and shape to accommodate the proposed use and integrate it with the existing and planned uses in the vicinity.

19.38.080 Notice of Decision
Written notice of decision shall be provided within five business days of the date of decision to the applicant, interested parties having requested notices in writing, and record owners of real property within 300 feet of the subject parcel as measured from the property line. The notice shall include:

A. The application request as acted upon by the Director.

B. The action taken by the Director.

C. Findings as listed for the permit.

D. The deadlines, criteria and fees for filing an appeal.

19.38.090 Effective Date
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Effective August 25, 2016 Page 19.38-4 Administrative Use Permit Administrative Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.38-5 Administrative Use Permit

19.38.100 Appeals
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

19.38.110 Expiration
A. Administrative Use Permits shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

B. Exceptions. An Administrative Use Permit for a public utility installation may be valid for a longer period if specified by the approving authority.

19.38.120 Extension of Time
The expiration date of an Administrative Use Permit may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

19.38.130 Amendments
An applicant may request an amendment to an Administrative Use Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section

19.28.140 (Amendments to Previously Approved Permits).

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.40-1 Similar Use Determination Chapter 19.40 Similar Use Determination
Sections

19.40.010 Purpose ............................................................................................................... 19.40-1

19.40.020 Applicability ....................................................................................................... 19.40-1

19.40.030 Application and Required Fees .......................................................................... 19.40-1

19.40.040 Approving Authority .......................................................................................... 19.40-2

19.40.050 Public Hearing and Notice ................................................................................. 19.40-2

19.40.060 Conditions of Approval ...................................................................................... 19.40-2

19.40.070 Findings for Approval ........................................................................................ 19.40-2

19.40.080 Notice of Decision .............................................................................................. 19.40-2

19.40.090 Effective Date ..................................................................................................... 19.40-3

19.40.100 Appeals ............................................................................................................... 19.40-3

19.40.110 Expiration ........................................................................................................... 19.40-3

19.40.120 Extension of Time .............................................................................................. 19.40-3

19.40.130 Amendments ....................................................................................................... 19.40-3

19.40.140 Record of Determinations .................................................................................. 19.40-3

19.40.010 Purpose
The land use table may not include all possible uses. When a specific use is not listed and it is unclear whether the use is permitted, permitted with a permit or site plan review, or not permitted, the Similar Use Determination establishes a process for the review and possible addition of new uses to the land use table.

19.40.020 Applicability
A Similar Use Determination is required when a use is not specifically listed in this Development Code but may be permitted if it is determined to be similar in nature to a use that is permitted, permitted with a Site Plan Review, n Administrative Use Permit, or permitted with a Conditional Use Permit.

19.40.030 Application and Required Fees
A. Application Filing and Processing. Applications for a Similar Use Determination shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

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

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.40-2 Similar Use Determination

19.40.040 Approving Authority
In cases where a specific land use or activity is not defined, the Director shall initially assign the land use or activity to a classification that is substantially similar in character. Use classifications not listed or not substantially similar to the uses in a specified land use district are prohibited in that district. Similar Use Determinations shall be approved by the specified approving authority responsible for the permit approval as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify, or deny a Similar Use Determination application.

19.40.050 Public Hearing and Notice
The Planning Commission shall hold a public hearing to make a decision on Similar Use Determinations when such determinations are referred to the Commission by the Director. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

19.40.060 Conditions of Approval
In approving an application for a Similar Use Determination, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings.

19.40.070 Findings for Approval
Prior to approving a Similar Use Determination as prescribed by this Chapter, the approving authority shall make all the following findings:

A. The characteristics of and activities associated with the proposed use are equivalent to one or more of the listed uses and will not involve a higher intensity of activity, environmental impact, or population density than the uses permitted in the district.

A. The proposed use will be consistent with the purposes of the applicable district.

B. The proposed use will be consistent with the goals and policies of the adopted General Plan, any applicable specific plan, and the Development Code.

19.40.080 Notice of Decision
Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties who have requested notices in writing. The notice shall include:

A. The application request as acted upon by the approving authority.

B. The action taken by the approving authority.

C. Findings as listed for the approval.

D. The deadlines, criteria and fees for filing an appeal.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.40-3 Similar Use Determination

19.40.090 Effective Date
Similar Use Determinations shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

19.40.100 Appeals
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

19.40.110 Expiration
Approved Similar Use Determinations do not expire.

19.40.120 Extension of Time
No extensions of time are necessary as an approved Similar Use Determination does not expire.

19.40.130 Amendments
Any amendments affecting an approved Similar Use Determination shall be handled as a new application.

19.40.140 Record of Determinations
The Community Development Department shall maintain all such determinations on record for review by the general public upon request.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.42-1 Conditional Use Permit Chapter 19.42 Conditional Use Permit
Sections

19.42.010 Purpose ............................................................................................................... 19.42-1

19.42.020 Applicability ....................................................................................................... 19.42-1

19.42.030 Application and Required Fees .......................................................................... 19.42-1

19.42.040 Approving Authority .......................................................................................... 19.42-1

19.42.050 Public Hearing and Notice ................................................................................. 19.42-2

19.42.060 Conditions of Approval ...................................................................................... 19.42-2

19.42.070 Findings for Approval ........................................................................................ 19.42-2

19.42.080 Notice of Decision .............................................................................................. 19.42-3

19.42.090 Effective Date ..................................................................................................... 19.42-3

19.42.100 Appeals ............................................................................................................... 19.42-3

19.42.110 Expiration ........................................................................................................... 19.42-3

19.42.120 Extension of Time .............................................................................................. 19.42-3

19.42.130 Amendments ....................................................................................................... 19.42-3

19.42.010 Purpose
This Chapter establishes procedures for approval, conditional approval, and denial of Conditional Use Permits. Conditional Use Permits are required for land use classifications typically having unusual site development features or operating characteristics requiring special consideration. Conditions ensure that conditional uses are designed, located and operated compatibly with uses on adjacent and nearby properties.

19.42.020 Applicability
A Conditional Use Permit is required prior to establishment or construction of any use so designated in the applicable land use tables (Chapter 19.08 thru 19.22). district.

19.42.030 Application and Required Fees
A. Application Filing and Processing. Applications for a Conditional Use Permit shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

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

19.42.040 Approving Authority
Conditional Use Permits shall be approved by the specified approving authority as designated in Table

19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a Conditional Use Permit application.

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Effective August 25, 2016 Page 19.42-2 Conditional Use Permit

19.42.050 Public Hearing and Notice
The Planning Commission shall hold a public hearing prior to taking action on a Conditional Use Permit.

A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

19.42.060 Conditions of Approval
In approving an application for a Conditional Use Permit, the approving authority may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the adopted General Plan, and justify making the necessary findings. Conditions may include, but shall not be limited to:

A. Requirements for special building setbacks, open spaces, buffers, fences, walls and screening.

B. Requirements for installation and maintenance of landscaping, and erosion control measures.

C. Requirements for street and other infrastructure improvements and related dedications.

D. Regulation of vehicular ingress, egress, and traffic circulation.

E. Regulation of hours of operation or other characteristics of operation.

F. Requirements for security.

G. Requirements for periodic review.

H. Requirements for special building design and features to enhance the visual impact and integrate the use into the community.

I. Other conditions as may be deemed necessary to make the findings required by this Chapter.

19.42.070 Findings for Approval
Prior to approving a Conditional Use Permit as prescribed by this Chapter, the approving authority shall make all the following findings:

A. That the proposed design and location of the conditional use and the conditions under which it will be operated are in accordance with the purpose of this Development Code, the zoning regulations applicable to the site, the City of Twentynine Palms General Plan, and other applicable development policies and standards of the City.

B. That the proposed design and location of the conditional use and the conditions under which it will be operated will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.42-3 Conditional Use Permit C. That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity.

19.42.080 Notice of Decision
Written notice of decision shall be provided within five business days of the date of decision to the applicant, interested parties having requested notices in writing, and record owners of real property within 300 feet of the subject parcel as measured from the property line. The notice shall include:

A. The application request as acted upon by the Planning Commission.

B. The action taken by the Planning Commission.

C. Findings as listed for the permit.

D. The deadlines, criteria and fees for filing an appeal.

19.42.090 Effective Date
Conditional Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

19.42.100 Appeals
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

19.42.110 Expiration
A. Conditional Use Permits shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

B. Exceptions. A Conditional Use Permit for a public utility installation may be valid for a longer period if specified by the approving authority.

19.42.120 Extension of Time
The expiration date of a Conditional Use Permit may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

19.42.130 Amendments
An applicant may request an amendment to a Conditional Use Permit after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section

19.28.140 (Amendments to Previously Approved Permits).

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.43-1 Planned Development Chapter 19.43 Planned Unit Development
Sections

19.43.010 Purpose ............................................................................................................... 19.43-1

19.43.020 Applicability ....................................................................................................... 19.43-1

19.43.030 Application and Required Fees .......................................................................... 19.43-1

19.43.040 Approving Authority .......................................................................................... 19.43-2

19.43.050 Public Hearing and Notice ................................................................................. 19.43-2

19.43.060 Conditions of Approval ...................................................................................... 19.43-2

19.43.070 Findings for Approval ........................................................................................ 19.43-3

19.43.080 Notice of Decision .............................................................................................. 19.43-3

19.43.090 Effective Date ..................................................................................................... 19.43-3

19.43.100 Appeals ............................................................................................................... 19.43-4

19.43.110 Expiration ........................................................................................................... 19.43-4

19.43.120 Extension of Time .............................................................................................. 19.43-4

19.43.130 Amendments ....................................................................................................... 19.43-4

19.43.140 Implementation ................................................................................................... 19.43-4

19.43.150 Nonconforming Uses .......................................................................................... 19.43-5

19.43.010 Purpose
The purpose of a planned unit development is to provide a flexible vehicle for realizing the goals and policies of the adopted General Plan and securing amenities and broad community value greater than would otherwise be achieved through application of the primary zone regulations. The planned development provides a flexible method whereby land may be designed and developed by taking advantage of modern site planning techniques in order to produce an environment of stable, desirable character which will be in harmony with existing or potential development in the surrounding area. Development within a planned development shall be demonstratively superior to the development that could occur under any other zone or combination of zones authorized by this Title that are consistent with the General Plan land use category applicable to the subject property. This Chapter describes the process for adopting planned developments and approving subsequent development under a planned development.

19.43.020 Applicability
A planned development overlay is required concurrent with the establishment of a Planned Development (PD) Overlay Zone. Planned developments shall be processed, subject to the requirements of this Chapter.

All planned developments shall be enumerated in Article 8 of the Development Code.

19.43.030 Application and Required Fees
A. Application Filing and Processing. Applications for a Planned Unit Development Rezoning and Conditional Use Permit shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.43-2 Planned Development B. Application Fees. Application fees shall be collected in accordance with Section 19.28.050 (Applications and Fees).

19.43.040 Approving Authority
Planned developments shall be approved by the specified approving authority as designated in Table

19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve or deny a Planned Unit Development Conditional Use Permit application for a planned development.

19.43.050 Public Hearing and Notice
The Planning Commission shall hold a public hearing prior to taking action on a planned unit development.

A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

19.43.060 Conditions of Approval
A. In approving a planned unit development project, the approving body shall require that the use and development of the property conform with a site plan, architectural drawings, and statements submitted in support of the application or with such modifications thereof as may be deemed necessary to protect the public health, safety or general welfare and to secure the objectives of the General Plan. The approving body may impose such conditions as may be necessary to achieve these purposes, including but not limited to the following matters:

1. Setbacks, yard areas and open spaces.

2. Fences, walls and screening.

3. Building materials, building scale, built-in fire protection and architectural treatments.

4. Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 19.82 (Off-Street Parking and Loading).

5. Common and private open space, landscape, and maintenance of landscape and grounds.

6. Such other conditions as may be determined to ensure that development will be in accordance with the intent and purposes of this chapter and the General Plan.

B. Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the City, shall be required. The City shall may also require that proposed homeowners association documents be submitted for review and approval of the City Attorney prior to submittal to the California Bureau of Real Estate.

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Effective August 25, 2016 Page 19.43-3 Planned Development

19.43.070 Findings for Approval
Prior to approving a planned unit development as prescribed by this Chapter, the approving authority shall make all the following findings, which shall be in addition to those findings required in accordance with

19.42 (Conditional Use Permit):

A. The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land use character of the surrounding area. The standards of development applicable to the planned development are clearly designated.

B. The uses allowed within the planned development are clearly designated.

C. The proposed development will be well integrated into its setting.

D. The plan will make an overall contribution to the enhancement of the surrounding environment.

E. The plan incorporates creativity in design and use of land.

F. There is reasonable assurance that the applicant intends to and will be able to proceed with the execution of the project without undue delay.

G. There is substantial compliance with the spirit and intent of this Title.

H. The proposed development is consistent with the General Plan.

19.43.080 Notice of Decision
Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:

A. The application request as acted upon by the Planning Commission.

B. The action taken by the Planning Commission.

C. Findings as listed for the permit.

D. The deadlines, criteria and fees for filing an appeal.

19.43.090 Effective Date
Planned unit developments shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

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Effective August 25, 2016 Page 19.43-4 Planned Development

19.43.100 Appeals
Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals).

19.43.110 Expiration
Planned unit developments shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

19.43.120 Extension of Time
The expiration date of a planned unit development may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

19.43.130 Amendments
An applicant may request an amendment to a planned unit development after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section

19.28.140 (Amendments to Previously Approved Permits).

19.43.140 Implementation
A. Final Development Plan. Following approval of the planned unit development and prior to exercising the planned development, a final development plan shall be submitted for administrative review to verify conformance with the planned unit development. The final development plan shall include the following:

1. All buildings to scale.

2. Off-street parking facilities.

3. Landscaping.

4. Finished grades.

5. Other details to demonstrate conformance with all the features, conditions and characteristics upon which the planned unit development was adopted.

B. Compliance. No permit shall be issued for any building or use except in full compliance with the planned unit development and final development plan. Compliance shall be determined through the zoning clearance process, unless additional entitlements are required. The Director may require additional information to be submitted to demonstrate compliance.

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Effective August 25, 2016 Page 19.43-5 Planned Development

19.43.150 Nonconforming Uses
Any legally permitted and actual use of property within the Planned Unit Development Overlay District, existing at the time of adoption of an ordinance adopted pursuant to this Chapter and rendered nonconforming solely by virtue of the adoption of said ordinance, shall be entitled to continue as a legal nonconforming use so long as there is no enlargement, extension, or discontinuation of such use for any continuous period of 180 days or more. Discontinuation shall include termination of a use regardless of intent to resume the use.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.48-1 Specific Plan
Chapter 19.48 Specific Plan
Sections:

19.48.010 Purpose ............................................................................................................... 19.48-1

19.48.020 Intent................................................................................................................... 19.48-1

19.48.030 Applicability ....................................................................................................... 19.48-2

19.48.040 Consistency with General Plan ........................................................................... 19.48-2

19.48.050 Density Bonus .................................................................................................... 19.48-2

19.48.060 Specific Plan Content ......................................................................................... 19.48-2

19.48.070 Application and Required Fees .......................................................................... 19.48-3

19.48.080 Approval Authority ............................................................................................ 19.48-3

19.48.090 Public Hearing and Notice ................................................................................. 19.48-3

19.48.100 Findings .............................................................................................................. 19.48-4

19.48.110 Adoption ............................................................................................................. 19.48-4

19.48.120 Amendments ....................................................................................................... 19.48-4

19.48.130 Relationship to the Development Code .............................................................. 19.48-4

19.48.010 Purpose
A. The purpose of this Chapter is to establish procedures for adoption, maintenance and administration of specific plans in accordance with the provisions of Sections 65450 through 65457 of the California Government Code, and as may be required for the implementation of the General Plan.

B. The purpose of a specific plan is to establish policies and development standards that address areaspecific issues. Specific plans are intended to carry out the General Plan in one of three ways:

1. By providing clearer definition of planning policy applicable to the specific plan area; and/or

2. Regulating land use for a particular geographic area in greater detail than that provided by the Development Code; and/or,

3. Bringing together detailed policies and regulations into a focused development scheme.

19.48.020 Intent
Specific plans are intended to:

A. Provide a planning framework to guide future public and private developments and promote flexibility while ensuring a coherent community design.

B. Encourage creative approaches to the use of land, through variation in the location of buildings and the appropriate mix of land use activities and dwelling types.

C. Promote and create public and private open space as an integral part of land development design.

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Effective August 25, 2016 Page 19.48-2 Specific Plan
D. Provide development regulations for an area without changing citywide ordinances.

E. Provide the ability to respond to changing conditions in the specific plan area without the need for a Zone Change or Development Code Amendment.

19.48.030 Applicability
The following shall serve as a guide for the appropriate use of specific plans:

A. Where unique results or treatments are desired or in areas having sensitive environmental qualities; and/or
B. Where there is a complicated mixture of conditions such as new development, deteriorated structures, underutilized land and mixed uses; and/or
C. Where there is a need to incorporate considerable detail in a proposed development project which would justify its approval; and/or
D. Where it is more cost-effective to include, with the proposed project, a Master Environmental Impact Report so that subsequent projects within the specific plan area would require no further environmental documentation or require only focused environmental reports.

19.48.040 Consistency with General Plan
Specific plans shall be consistent with the General Plan.

19.48.050 Density Bonus
A. Specific plans shall be consistent with the density standard prescribed by the General Plan. Transfer of density may occur in the specific plan provided that the total density attributable to the specific plan area shall not be exceeded, except as specified in Subsection 19.48.050.B.

B. As an incentive to preserving large areas of protected open space, preserving historically and culturally significant resources, and/or developing inclusionary housing programs for the provision of affordable housing, the City Council may approve a density bonus of up to 5 percent within medium and high density residential land use areas. This bonus may be over and above any other housing bonus incentives provided in this Code.

19.48.060 Specific Plan Content
A specific plan may include written text, maps, diagrams, and descriptions of allowable uses. At a minimum, specific plans shall include:

A. A statement of the relationship of the specific plan to the General Plan.

B. A map indicating the distribution, location, and extent of land uses, including open space, within the area covered by the plan.

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Effective August 25, 2016 Page 19.48-3 Specific Plan
C. All permitted uses and land use densities.

D. Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable.

E. A map and/or text specifying the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, energy and other essential facilities in the specific plan area.

F. Public works projects, programs and implementation measures necessary to carry out the specific plan’s stated purpose.

G. A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out the above noted provisions of the specific plan.

19.48.070 Application and Required Fees
A. Application Filing and Processing. Applications for a specific plan shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures). Additionally, for all specific plan applications, including amendments to existing Specific Plans, a General Plan Amendment may shall be requiredprocessed. The General Plan Amendment application shall be processed concurrently with the specific plan application and shall be subject to the processing and noticing requirements outline in Chapter 19.50 (General Plan Amendment).

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

19.48.080 Approval Authority
Specific plans shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, conditionally approve, modify or deny a specific plan application.

19.48.090 Public Hearing and Notice
The Planning Commission shall hold a public hearing to make a recommendation on specific plan applications. The Planning Commission’s recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on a specific plan application. Public hearings shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

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Effective August 25, 2016 Page 19.48-4 Specific Plan

19.48.100 Findings
Prior to approving a specific plan as prescribed by this Chapter, the approving authority shall make all of the following findings:

A. The specific plan is consistent with the intent of the goals and policies of the General Plan as a whole, and is not inconsistent with any element thereof.

B. The specific plan prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.

C. The specific plan provides reasonable property development rights while protecting environmentally sensitive land uses and species.

D. The specific plan provides for the protection of the health, safety, and/or general welfare of the community.

19.48.110 Adoption
A. Upon approval of the final specific plan by the City Council, the Land Use Map shall be amended to identify the area covered by the plan. The City Council’s approval of the final specific plan and the establishment of Specific Plan (SP) zoning shall be by Ordinance.

B. The approved final specific plan shall be filed in the office of the City Clerk and in the Community Development Department.

19.48.120 Amendments
Specific plans may be amended or repealed in the same manner as originally adopted.

19.48.130 Relationship to the Development Code
Development standards, procedural regulations and other provisions of this Code shall apply within a specific plan except where they conflict with provisions of the specific plan.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-1 Historic Preservation Chapter 19.60 Historic Preservation
Sections:

19.60.010 Purpose ............................................................................................................... 19.60-1

19.60.020 Definitions .......................................................................................................... 19.60-2

19.60.030 Acquisition of Property ...................................................................................... 19.60-2

19.60.040 Power and Duty of Planning Commission ......................................................... 19.60-2

19.60.050 Landmark and Structures of Merit ..................................................................... 19.60-3

19.60.060 Preservation District ........................................................................................... 19.60-5

19.60.070 Permits for Restoration, Rehabilitation, Alteration, and Demolition ................. 19.60-7

19.60.080 Irreversible Action Noticing ............................................................................... 19.60-9

19.60.090 Landmark or Preservation District Markers ....................................................... 19.60-9

19.60.100 Historical Property Contracts ............................................................................. 19.60-9

19.60.010 Purpose
The purpose of this Chapter is to provide for the identification and preservation of cultural, architectural and historical structures, sites and areas:

A. To safeguard the City’s heritage, as embodied and reflected in such resources.

B. To encourage public knowledge, understanding and appreciation of the City’s past.

C. To foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources.

D. To promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the City.

E. To preserve diverse and harmonious architectural styles and design preferences reflecting phases of the City’s history.

F. To enhance property values and to increase economic and financial benefits to the City and its inhabitants.

G. To protect and enhance the City’s attraction to tourists and visitors, thereby stimulating business and industry.

H. To identify as early as possible potential conflicts between preservation of cultural resources and alternative land uses.

I. To integrate the preservation of cultural resources and the extraction of relevant data from such resources into public and private land management and development processes.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-2 Historic Preservation J. To provide a mechanism for the City and owner to enter into contracts for qualified historical properties for tax benefits.

K. To designate “historical property” under Health and Safety Code Section 37602 and Government Code Section 8875.

The purpose of this Chapter is also to establish flexibility in the development standards for properties designated as architecturally or historically significant when specific findings can be met.

19.60.020 Definitions
Except as specifically defined in this section, words and phrases used in this chapter shall be interpreted to give them the meaning they have in common usage.

A. Landmark. Any site, including significant trees or other significant permanent landscaping located thereon, place, building, structure, street, improvement, natural feature, or other object having a special historical, archaeological, paleontological, cultural, architectural or community value in the City and which has been designated a landmark pursuant to this chapter.

B. Neighborhood Conservation Area. Any legally described geographic area having structures of historical, archaeological, paleontological, cultural, architectural, community or aesthetic value which has not been designated as a preservation district but is deserving of recognition and has been designated a neighborhood conservation area pursuant to this Chapter.

C. Preservation District. Any legally described geographic area having historical significance or special character, cultural or aesthetic value; serving as an established neighborhood or architectural period or style typical in the history of the City; or constituting a distinct section of the City, and which has been designated a preservation district by the Planning Commission or by the City Council on appeal.

D. Structure of Merit. Any structure having historical, archaeological, paleontological, cultural architectural, community or aesthetic value which has not been designated as a landmark but is deserving of recognition and has been designated a structure of merit pursuant to this Chapter.

19.60.030 Acquisition of Property
In carrying out the purposes of this Chapter, the City may acquire property by such means as are available to it for the acquisition of property for other proper purposes.

19.60.040 Power and Duty of Planning Commission
The Planning Commission shall have the following additional powers and duties:

A. Designate landmarks, preservation districts, structures of merit, and neighborhood conservation areas pursuant to the provisions of this Chapter.

B. Review restoration, rehabilitation, alteration and demolition proposals for landmarks and preservation districts pursuant to the provisions of this Chapter.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-3 Historic Preservation C. Compile and maintain a current register of all landmarks, preservation districts, structures of merit and neighborhood conservation areas.

D. Educate the citizens of Twentynine Palms about the heritage of the City and the landmarks, preservation districts, structures of merit and neighborhood conservation areas designated pursuant to this Chapter.

E. Seek means for the protection, retention and preservation of any landmark, preservation district, structure of merit or neighborhood conservation area, including but not limited to suggesting appropriate legislation, seeking financial support from individuals and local, state and federal governments, and establishing a private funding organization.

F. Coordinate its activities with the Twentynine Palms Historical Society, the San Bernardino County Museum, and the state and the federal governments.

G. Receive applications and recommend to the City Council designations as qualified historical properties under Government Code 50280 et seq.

H. Prepare and adopt plans for the preservation of landmarks, preservation districts, structures of merit and neighborhood conservation areas.

I. Recommend to the City Council the acquisition of interests in real property for the purposes of cultural resources preservation.

J. Act in an advisory capacity to the City Council in all other matters pertaining to the preservation of the heritage and culture of the City.

19.60.050 Landmark and Structures of Merit
A. Initiation. The designation, repeal or modification of a landmark may be initiated by the City Council, the Planning Commission, the Twentynine Palms Historical Society or the property owner of record.

Application for such designation, repeal or modification shall be submitted in a manner approved by made to the Community Development Director (Director) upon such forms and accompanied by such data date and information as may be required for that purpose by the Planning Commission so as to assure the fullest practical presentation of the facts for proper consideration of the request.

B. Hearing Date. Upon acceptance by the Director of an application, the matter shall be set for public hearing thereon before the Planning Commission. The date of such hearing shall be not more than 45 days from the date of acceptance of the completed application.

C. Hearing Notice. Notice of the date, time, place and purpose of the hearing before the Planning Commission shall be given by at least one publication of a notice, in a newspaper having general circulation in the City, not less than 10 days prior to the date of such hearing and by depositing in the United States mail, at least 10 days prior to the date of the hearing, a notice addressed to the owner of the property being considered. When the real property is not owner-occupied, notice shall also be given to the occupant. The last known name and address of each owner as shown on the records of the County DRAFT

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-4 Historic Preservation Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

D. Hearing. At the time and place so fixed and noticed, a public hearing shall be conducted before the Planning Commission. The Planning Commission may continue such hearing to a time and place certain when such action is deemed necessary and desirable.

E. Investigation. The Director shall cause to be made such investigation of facts bearing upon the application set for hearing as in the Director’s opinion that will provide sufficient information to permit the Planning Commission to take action consistent with the intent and purpose of this Chapter. The Director shall determine if any structure proposed to be designated as a landmark is a potentially hazardous building as set out in Government Code Section 8875 et seq. In the event that such is the case, he/she shall recommend that the Planning Commission adopt a mitigation plan for such property at the same time as the designation is granted. The provisions of any such plan shall be in accord with the requirements of the City Ordinance requiring mitigation of potentially hazardous buildings as well as the state historical building code.

F. Findings. The Planning Commission may designate a landmark in whole or in part if, from the facts presented in the application, at the public hearing, or by investigation, the Planning Commission finds that the site, landscaping, place, buildings, structure, street, improvement, natural feature or other object has special historical, archaeological, paleontological, cultural, architectural or community value in the City and that the purposes of this Chapter are furthered by such designation.

G. Resolution. A landmark shall be designated by Resolution of the Planning Commission. Rescission or modification of such designation shall be accomplished in the same manner.

H. Notice of Designation. Notice of the designation, rescission or modification shall be transmitted by the Director to the affected property owner, City Council, City Manager, City Clerk, the Assessor, the Recorder of San Bernardino County, the Twentynine Palms Historical Society and any other interested departments and governmental and civic agencies. Each City department and division shall incorporate the notice of designation, rescission or modification into its records, so that future decisions or permissions regarding or affecting any landmark made by the City will have been made with the knowledge thereof, and in accordance with the procedures set forth in this Chapter.

I. Appeal. Any person aggrieved or affected by a decision of the Planning Commission in designating, repealing or modifying landmark status may appeal to the City Council from such decision at any time within 10 days after the date upon which the notice is received. An appeal may be made to the City Clerk, together with the appeal fee as prescribed from time to time by City Council resolution. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within five days after the letter of appeal has been filed, the City Clerk shall notify the Planning Commission and the Director of such filing. Within five working days after such notice is given, the Director shall lodge with the City Clerk copies of the application and all other papers constituting the record upon which the action of the Planning Commission was taken. The City Clerk shall give notice of hearing upon the appeal in the DRAFT

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-5 Historic Preservation same manner and for the same time as is required in Subsection 19.60.050.C (Hearing Notice) for a hearing in connection with an application before the Planning Commission. The date of such hearing upon the appeal shall be not more than 30 days from the date of filing of the appeal. Upon the hearing of such appeal, the City Council may by resolution affirm, reverse or modify the determination of the Planning Commission. The decision of the City Council is final and conclusive.

J. Effective Date. The provisions of this Chapter regulating landmarks shall be applicable to a particular landmark on the 11th day after designation, modification of designation, or rescission of designation of landmark by the Planning Commission unless such designation, modification or rescission had been duly appealed to the City Council pursuant to Subsection 19.60.050.I (Appeal), in which case the designation, modification or rescission shall become effective on the date on which the City Council affirms, modifies or rescinds such designation.

K. Duty to Maintain. Every owner of a landmark and any appurtenant premises shall maintain and keep in good repair the exterior of such landmark and premises. Good repair is defined as that level of maintenance and repair which clearly ensures the continued availability of such structure and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of such structures and premises.

L. Structure of Merit. The Planning Commission may encourage the protection, enhancement, appreciation and use of a structure in order to emphasize its importance in the past, present and future of the City by the adoption of a Resolution designating it as a structure of merit. A structure of merit need not be subject to Section 19.60.050 subsections A through K.

19.60.060 Preservation District
A. Initiation. The designation, repeal or modification of a preservation district may be initiated by the City Council, the Planning Commission, the Twentynine Palms Historical Society, or the property owners of record or agents of 25 percent of the real property. Application for such designation, repeal or modification shall be submitted in a manner approved by made to the Director upon such forms and accompanied by such data and information as may be required for that purpose by the Planning Commission so as to assure the fullest practical presentation of the facts for proper consideration of the request.

C. Hearing Notice. Notice of the date, time, place and purpose of the hearing before the Planning Commission shall be given by at least one publication of a notice, in a newspaper having general circulation in the City, not less than 10 days prior to the date of such hearing and by depositing in the United States mail, postage prepaid, at least 10 days prior to the date of such hearing, a notice addressed to the owner of each property, or occupant, if different, being considered for inclusion in a preservation district. The last known name and address of each owner as shown on the records of the County DRAFT

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-6 Historic Preservation Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

E. Investigation. The Director shall cause to be made such investigation of facts bearing upon the application set for hearing as in the Planning Commission’s opinion thatwill provide sufficient information to take action consistent with the intent and purpose of this Chapter. The Director shall determine if any structure proposed to be included in a preservation district is a potentially hazardous building as set out in Government Code Section 8875 et seq. In the event that such is the case, he/she shall recommend that the Planning Commission adopt a mitigation plan for such property at the same time as the designation is granted. The provisions of any such plan shall be in accord with the requirements of the City Ordinance requiring mitigation of potentially hazardous building as well as the state historical building code.

F. Findings. The Planning Commission may designate a preservation district in whole or in part if, from the facts presented in the application, at the public hearing, or by investigation, the Planning Commission finds that the area has historical significance; special character or aesthetic value; serves as an established neighborhood or community center; represents one or more architectural periods or styles typical in the history of the City; or constitutes a distinct section of the City and that the purposes of this Chapter are furthered by such designation.

G. Resolution. A preservation district shall be designated by Resolution of the Planning Commission.

Rescission or modification of such designation shall be accomplished in the same manner.

H. Notice of Designation. Notice of the designation or modification shall be transmitted by the Director occupants, if different, to the affected property owner, City Council, City Manager, City Clerk, the Assessor, the Recorder of San Bernardino County, the Twentynine Palms Historical Society and any other interested departments and governmental and civic agencies. Each City department and division shall incorporate the notice of designation, rescission or modification into its records, so that future decisions or permissions regarding or affecting any preservation district made by the City will have been made with the knowledge thereof, and in accordance with the procedures set forth in this Chapter.

I. Appeal. Any person aggrieved or affected by a decision of the Planning Commission in designating, repealing or modifying preservation district status may appeal to the City Council from such decision at any time within 10 days after the receipt of notice. An appeal may be taken from the inclusion of a lot or parcel within the district. An appeal to the City Council shall be taken by filing a letter of appeal with the City Clerk, together with the appeal fee as prescribed from time to time by City Council Resolution. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within five days after the letter of appeal has been filed, the City Clerk shall notify the Planning Commission and DRAFT

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-7 Historic Preservation the Director of such filing. Within five working days after such notice is given, the Director shall file with the City Clerk copies of the application and all other papers constituting the record upon which the action of the Planning Commission was taken. The City Clerk shall give notice of hearing upon the appeal in the same manner and for the same time as is required in Subsection 19.60.060.C (Hearing Notice) for a hearing in connection with an application before the Planning Commission. The date of such hearing upon the appeal shall be not more than 30 days from the date of filing of the appeal. Upon the hearing of such appeal, the City Council may by Resolution affirm, reverse or modify the determination of the Planning Commission. The decision of City Council is final and conclusive.

J. Effective Date. The provisions of this Chapter regulating preservation districts shall be applicable to such district or area status on the 11th day after designation, modification of designation, or rescission of such district or area status by the Planning Commission unless, in respect to preservation area only, such designation, modification or rescission has been duly appealed to the City Council pursuant to Subsection 19.60.060.I (Appeal) of this Chapter, in which case the designation, modification or rescission shall become effective on the date on which, respectively, the City Council affirms, modifies or rescinds such designation.

K. Duty to Maintain. Every owner of property within a designated preservation district shall maintain and keep such property in good repair, including the exterior of all structures and premises located upon such property. Good repair is defined as that level of maintenance and repair which clearly ensures the continued availability of such structure and premises for lawful reasonable uses and prevents deterioration, dilapidation and decay of such structures and premises.

L. Neighborhood Conservation Areas. The Planning Commission may encourage the protection, enhancement, appreciation and use of certain areas that are deserving of recognition by designating them by Resolution as neighborhood conservation areas so as to emphasize their importance in the past, present, and future of the City. Neighborhood conservation areas need not be subject to Section

19.60.060 subsections A through K.

19.60.070 Permits for Restoration, Rehabilitation, Alteration, and Demolition
No person, owner or other entity shall restore, rehabilitate, alter, develop, construct, demolish, remove or change the appearance of any landmark, landmark structure, landmark site or any structure or site within a preservation district, without first having applied for and been granted permission to do so by the Planning Commission, or by the City Council on appeal from a decision of the Planning Commission denying an application for such a permit.

A. Application and Fees.

1. The permit application shall be submitted in a manner approved by made to the Director on a form and in the manner approved by the Planning Commission. Unless the fee has been partially waived in accordance with this Section, the application shall be accompanied by such fee as is required by resolution of the City Council.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-8 Historic Preservation

2. City building permit fees which would otherwise be payable pursuant to this Section for structural restoration, rehabilitation or repair of a designated landmark or structure within a designated preservation district shall be reduced by 30 percent.

B. Review and Standards.

1. The Planning Commission shall review the following when applicable to the permit applications. a. Architectural design
b. Scale and proportion
c. Construction materials
d. Color and texture
e. Signs
f. Public areas
f.g. Other applicable requirements by the State Historical Code

2. Findings. The Planning Commission shall apply the following findings in determining whether to grant or deny a permit:
a. The proposed change shall be consistent or not incompatible with the architectural period of the building.
b. The proposed change shall be compatible with existing adjacent or nearby landmark structures and preservation district structures.
c. The colors, textures, materials, fenestration, decorative features and details proposed shall be consistent with the period and compatible with adjacent structures. d. The proposed changes shall not destroy or adversely affect an important architectural feature or features.
e. Other applicable requirements by the State Historical Code.

C. Decision Time Limit. The application shall be considered by the Planning Commission within 45 days following its acceptance.

1. When the application is for permission to restore, rehabilitate, alter, develop, construct or change the appearance or any landmark, landmark structure, landmark site or any structure or site within a preservation district, the Planning Commission may approve, conditionally approve or deny the application.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.60-9 Historic Preservation

2. When the application is for permission to demolish or remove any landmark, landmark structure, landmark site or any structure or site within a preservation district, the Planning Commission may approve, conditionally approve or disapprove the proposed demolition or removal.

D. Approval Required. No City permit shall be issued for any purpose regulated by this Chapter for a landmark, structure or site in a preservation district unless and until the proposed work or development has been approved or conditionally approved by the Planning Commission, and then shall be issued only in conformity with such approval or conditional approval. For purposes of this Section, and notwithstanding Subsections 19.60.050.J and 19.60.060.J, landmarks and preservation districts shall be deemed to have been so designated as of the date upon which the Planning Commission made such designation.

E. Adoption of Preservation Plan. The Planning Commission may adopt a plan for the preservation of a landmark or preservation district by following the procedures set forth in Sections 19.60.050 (Landmark and Structures of Merit) and 19.60.060 (Preservation District) of this Chapter. Such a plan shall set forth specific standards and requirements for the development, rehabilitation, restoration or repair. Such standards may include, but are not limited to, those set forth in Subsection 19.60.070.B above. Such plan may be adopted concurrently with the designation of a landmark or preservation district. The preservation plan shall address any mitigation required under local ordinance or the provisions of Government Code Section 8875 et seq.

19.60.080 Irreversible Action Noticing
Whenever any project may be approved by the City within 300 feet of a designated landmark or preservation district which may have an impact on a designated landmark or preservation district, written notice shall be provided to the Planning Commission and to the City Council prior to taking any irreversible action to carry out such project.

19.60.090 Landmark or Preservation District Markers
Where a landmark or preservation district has been established and with the consent of the directly affected property owner, landmark or preservation district markers may be erected or mounted on structures indicating the designation, significance and related information concerning the landmark or preservation district by the Twentynine Palms Historical Society or City.

19.60.100 Historical Property Contracts
Where a landmark has been designated under this Chapter and is owned by a private property owner and is not exempt from property taxation, the owner or his/her agent may request that the Planning Commission recommend to the City Council the execution of a historical property contract between the owner and the City as set out in Government Code Section 50280 et seq. Such contract and its provisions may be designed to meet the requirements for beneficial tax treatment under Revenue and Taxation Code Section 439.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.64-1 Hillside Grading, Clearing and Plant Removal Chapter 19.64 Hillside Grading, Clearing and Plant Removal Sections:

19.64.010 Purpose ............................................................................................................... 19.64-1

19.64.020 Hillside Grading ................................................................................................. 19.64-1

19.64.030 Clearing and Plant Removal ............................................................................... 19.64-2

19.64.010 Purpose
The purpose of this Chapter is to establish regulations to preserve and protect desert plants, regulate clearing of native vegetation as a means of minimizing wind and water erosion, provide appropriate storm drainage containment and control, minimize disturbance to fragile desert ecosystems, reduce the amount of fugitive dust, and protect natural hillside formations when graded and developed.

19.64.020 Hillside Grading
A. Hillside grading regulations shall be applied to the following:

1. Foothill areas having a predominant slope of 30 percent or greater.

2. Foothill watershed areas.

3. Geologically unstable hillside areas.

B. Hillside Grading Guidelines. The following guidelines shall be applied to hillside grading areas:

1. Avoid a manufactured appearance by creating smooth flowing contours with varying gradients.

2. Avoid sharp cuts and fills and long linear slopes that have a uniform grade.

3. Slope banks should be softened by contoured grading at the top and toe of slopes.

4. Terracing should be designed with small incremental steps, avoiding side step terracing.

5. Grading should be minimized within 20 feet of all perimeter property lines of the development, unless the grading is similar to the existing adjacent slopes.

6. Landscaping should be planted to break up long linear elements and reflect irregular forms, as well as provide erosion control and stability for the slope.

C. Slope Analysis. A slope analysis shall be submitted with all development permits and land use applications that would result in the construction of structures or the division of land on which hillside grading regulations apply, pursuant to Subsection 19.64.020.A.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.64-2 Hillside Grading, Clearing and Plant Removal

1. Slope percentages shall be calculated by dividing the vertical rise between the contours as shown on the required topographic map by the horizontal distance between such contours multiplied by 100.

2. The slope analysis shall be in compliance with Appendix Chapter 33, of the latest edition of the California Uniform Building Code and any amendments, as adopted by the City, and shall include:
a. A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than 1 inch to 200 feet. The contour interval shall be not more than 2 feet, except where the predominant slope is more than 10 percent the contour interval may be no more than 5 feet. Contour lines are to be obtained by aerial or field survey, done under the supervision of a land surveyor, registered engineer or registered landscape architect. b. Contours of the finished slope shown at intervals similar to that on the topographic base map. c. Street grades, pad elevations, maximum heights of those slopes and approximate total cubic yard of cut and fill.

D. Geologic Report. A detailed report shall be filed with all development permits and land use application that would lead to the construction of roads or structures or the division of land where the area to be developed contains slopes of 30 percent or greater.

E. Approval Authority and Findings. The Building Official may approve, approve with conditions or deny applications for hillside grading. Prior to taking action to approve an application for hillside grading, the Building Official shall make the following findings:

1. The proposed grading complies with the general standards for grading and the hillside grading guidelines.

2. The site is suitable in size, shape and topography for the proposed development.

3. The grading will not adversely affect or be materially detrimental to the adjacent properties or uses.

F. Grading Permits shall be issued and otherwise administered pursuant to Appendix Chapter 33 of the latest edition of the California Uniform Building Code as adopted by the City.

19.64.030 Clearing and Plant Removal
A. On parcels of 1 acre or greater in size, land may only be cleared of natural vegetation in order to provide for the installation of building pads, driveways, landscaping, agriculture or other use allowed in the underlying zone. Such clearing may only occur after issuance of a Building Permit, where required, or a Grading Permit, issued by the City’s Building Official in conformance with the Building Code. The purpose of this regulation is to reduce disturbances to fragile desert soils as much as practical and reduce the amount of fugitive dust that can for long periods of time adversely affect residents on the subject parcel and those residents and land uses downwind of the subject parcel.

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.64-3 Hillside Grading, Clearing and Plant Removal B. Approval Authority. The Planning Commission may approve further grading or clearance of vegetation subject to the requirements of Chapter 19.36 (Site Plan Review). In submitting an application for a Site Plan Review, the applicant shall pay a permit fee as established by City Council resolution. The Site Plan Review application shall include, but shall not be limited to, the following:

1. A Site Plan of sufficient detail to show the area to be cleared.

2. A Soil Erosion and Sediment Control Plan sufficient to control dust, soil, and water erosion during and after the clearing activity. The Erosion Control Plan shall identify revegetation and/or other measures to adequately control or prevent such erosion on a long-term basis, and shall be prepared and maintained to control erosion and to establish vegetative growth compatible with the area. This control may consist of any one or a combination of the following:
a. Effective temporary planting such as a fast-germinating native seed, and/or mulching with straw, pine needles, chippings, embankment retention netting, and other slope and/or stabilization material.
b. Permanent planting of compatible drought-resistant species of ground cover, shrubs, trees, embankment retention netting or other vegetation.
c. Mulching, fertilizing, watering or other methods necessary to establish new vegetation. d. The protection required by this Section shall be installed prior to calling for final approval of the project. Such protection shall be maintained for at least one year or until permanent protection is established.

C. Findings. Prior to taking action to approve a Site Plan Review for plant removal, the Planning Commission shall make the following findings:

1. The proposed clearing and/or plant removal complies with the general standards for grading.

2. The clearing and/or plant removal will not adversely affect or be materially detrimental to the adjacent properties or uses.

3. Appropriate measures have been taken, or planned for, to control storm drainage, soil erosion and sedimentation.

D. Upon completion of the clearing/plant removal activity, the applicant or contractor shall call for a final inspection to demonstrate that approved erosion control measures have been completed.

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Page 96 of 107 ends

STAFF REPORT
TO: City Council
FROM: Interim City Manager
FOR MEETING: Jan 23 2024
SUBJECT: Tourism Business Improvement District (TBID) Advisory Board Appointment RECOMMENDATION:

The TBID Subcommittee (Mayor Bilderain and Mayor Pro Tem Klink) will make a recommendation to the City Council for the appointment to the TBID Advisory Board.

ORDER OF PROCEDURE:

Request Staff Report (Interim City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• AR Resume
BACKGROUND:

The City and its hotelier partners have created a Tourism Business Improvement District (TBID). The goal of the TBID is to promote tourism within our community. The TBID is financed by a 1.5% assessment on a short term overnight stay within our lodging industry. The marketing plan and expenditures are directed by the advisory board appointed by the City Council. The TBID Advisory Board received the resignation of one of its members.

The City received nine (9) applications/resumes for this position.

ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES:

The City Council could choose not to approve the recommended applicant and choose another candidate.

FISCAL IMPACT:

Not Applicable.

Page 97 of 107 ends

Ashton Grant Ramsey
Ramsey 29 Motel / Best Nest Living
Twentynine Palms, CA 92277 - - [email protected]
Education:

Metro Christian Academy, Tulsa OK | High School
UNIVERSITY OF Arkansas | Business x: z Marketing
Job History:
2001-2014: Reality Television
- 2001- 2002 Survivor Thailand, challenge department
- 2002-2005 Fear Factor, casting director
- 2005-2008 Extreme Makeover: Home Edition , casting director - 2008-2014 Relativity Productions, Casting multiple cable shows 2008- 2010: associate producer
- Disney’s, “Lone Ranger”
- Warner Brother’s “Man from UNCLE”
2018: Producer: Query: Short Film: Accepted to Tribeca Film Festival 2013- current: Best Nest Living
- Co-founded Best Nest with my business partner in 2013 out of Los Angeles - Created a high end corporate housing brand in Los Angeles, Best Nest Living - Managed over 130 homes on Airbnb & bestnestliving.com 30 homes currently active - Hosted many top actos, directors, and business people including a founder of Airbnb 2017-2021: Zorro Homestead: Vacation Home Company
- Co-founded a company to build large exceptional vacation homes - Launched our first property in Rancho Mirage in 2017
- Launched our second property in Yucca Valley in 2020
- Renovating our third house in Yucca Valley in 2020
2018- current: 29 Palms Motel Project: Tin Town/ Ramsey 29/ Kitchen in the Desert - 2018 Purchased Tin Town to create an exceptional Motel experience in 29 Palms - 2019 Purchased Mojave Trails
- 2020 obtained a liquor license for The Kitchen in the Desert - Currently renovating and curating the the space
- Creating an identity that attracts adventures from around the world

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Page 99 of 107 ends

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STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Jan 23 2024
SUBJECT: Self-Help Housing Project.

RECOMMENDATION:

The City Council provide direction to Staff as to how to proceed with obtaining ten (10) contiguous lots for participation in the Coachella Valley Housing Coalition self-help program.

ORDER OF PROCEDURE:

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

The Coachella Valley Housing Coalition (CVHC) administers a Mutual Self-Help Program whereas potential homeowners essentially build their own homes that they must live in for a certain amount of time. Currently, this program is constructing homes in the Cities of Brawely, Salton City, and Imperial. Participants must meet certain income and credit score requirements, and must dedicate at least 40 hours a week in labor.

In order for the program to be successful, there needs to be least ten contiguous buildable lots in which to construct the houses, and the City must own those homes at the outset. Procedurally, the City would own the lots at the beginning of the process, then deed those lots over to the CHVC.

There is more than one way for the City to own the several contiguous lots, each with their own sets of costs associated with them. City Staff is asking for direction from the Council as to which option to pursue. Staff would then bring back a more detailed estimate of the costs and procedures associated with each option. In general, the options are:
1) The City would purchase at least 10 (ten) existing contiguous lots. This would mean negotiating to purchase these lots with each individual lot owner for the sale of their property, but it probably means that the appropriate infrastructure (roads, electric lines, water lines, etc) may be already installed or nearby. There are several locations within the City that might fit this scenario. 2) There are several approved but not yet recorded tentative tract maps within the City Limits. The City could purchase the land associated with a tentative tract map, finalize the subdivision and install the requisite

Page 101 of 107 ends

infrastructure. Accordingly, the City would be negotiating with one entity for the land but would be responsible for paying the associated costs with recording the subdivision, as well as the installation of the infrastructure. There are four approved, but not recorded, subdivisions in the City. 3) Finally, the City could subdivide land it already owns. This would eliminate the need to negotiate with a landowner, but the City would be responsible for environmental, engineering, and other costs. There is a very limited number of properties that the City owns that could be used for such purposes.

Each of these scenarios would take at least several months to achieve. The cost for each scenario is unknown at this time, and is highly dependent on the particulars of the property or properties chosen.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

The Council could choose to initiate the process with any of these options.

FISCAL IMPACT:

Depending on the method chosen, each option will come with different direct and indirect costs.

Page 102 of 107 ends

STAFF REPORT
TO: City Council
FROM: Recreation Division Manager
FOR MEETING: Jan 23 2024
SUBJECT: 2024/2025 CDBG Funding Prioritization.

RECOMMENDATION:

The City Council approve and prioritize the allocation of CDBG funds for Fiscal Year 2024-2025 to the City's parking lot improvement ADA rehabilitation and accessibility construction project.

ORDER OF PROCEDURE:

Request Staff Report (Recreation Programs Manager
Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
• 2024-25 CDBG NOFA
NOTICE-1
• Twentynine Palms 2024-25
Eligible Projects-1.xlsx
• Twentynine Palms FY 2024-25
CDBG Funding Form-1
BACKGROUND:

In November 2023, the County of San Bernardino requested funding applications for the use of Community Development Block Grant (CDBG) funds for use within the City of Twentynine Palms. Notices were sent via email to local non-profit organizations who have participated in the past. The application notification of funding was also posted on the City's web site.

The City and four non-profit organizations submitted funding applications. During the months of December and early January, the Community Housing Development Department (CDH) reviewed all application proposals for their eligibility and conformance to federal requirements. The department has since forwarded the list of eligible project proposals to the City for funding recommendation and prioritization.

The City is expected to receive approximately $160,078 +/- in CDBG funds for Fiscal Year 2024/2025. The requests for funding submitted by all agencies total $242,000.

In past years, the City Council agreed to allocate future CDBG funds towards City construction projects and to back-fill non-profit requests for funding with general fund dollars. The reason behind this decision is due to the county's grant process and funding thresholds. A 15% public service cap applies for cities that receive $150,000 or more in CDBG funding allocation. This equates to a total of only $24,012 available to share among all eligible Page 103 of 107 non-profits who have submitted an application. Furthermore, CDBG funds are "reimbursement based" which equates to organizations potentially missing out on receiving CDBG funds due to lack of or a shortfall of spendable funds within their budget.

The city's process of funding non-profits allows for greater funding opportunities and flexibility.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

None. The City has agreed to continue in the County's Consortium as a CDBG program participant through 2027.

FISCAL IMPACT:

None, as the City will be reimbursed for the authorized project up to the amount allocated by the county.

Page 104 of 107 ends

NOTICE OF FUNDING AVAILABILITY (NOFA)

SAN BERNARDINO COUNTY

DEPARTMENT OF COMMUNITY DEVELOPMENT AND HOUSING (CDH)

CONSOLIDATED HUD COMMUNITY PLANNING AND DEVELOPMENT (CPD) GRANTS PROGRAM Program Year 2024-25
San Bernardino County is a direct recipient of federal community development and housing funds provided by the United States Department of Housing and Urban Development (HUD) and uses these funds to provide decent housing, suitable living environments, and expanded economic opportunities, principally for low- to moderate-income persons.

The County is seeking applications for Community Development Block Grant (CDBG) funding from applicants (Cities and Non-Profit Agencies) who are capable of providing eligible public service and/or capital improvement activities that will help the County meet the needs of its community and achieve the goals and objectives listed in the County’s Hud Five Year Consolidated Plan.

For the 2024-25 Program Year, beginning July 1, 2024, it is anticipated that the County will receive approximately $2.7 million in CDBG funds to support eligible activities for the County’s CDBG Participating Cities. Eligible activities for CDBG funding must meet one of the following national objectives: 1) principally benefit low- to moderate-income persons, 2) eliminate slums and blight, and 3) meet an urgent need. These funds are available to service the following CDBG program Participating Cities: Adelanto, Barstow, Big Bear Lake, Colton, Grand Terrace, Highland, Loma Linda, Montclair, Needles, Redlands, Twentynine Palms, Yucaipa, Yucca Valley, and the surrounding communities. All interested applicants within these jurisdictions are encouraged to apply.

Examples of eligible activities include but are not limited to:

Public Service Activities (Capped at 15%) Capital Improvement Activities • Child Care Services
• Senior Services (e.g., daycare programs
or subsidized meal programs)
• Handicapped Services
• Health and Mental Health Services
• Services to Battered and Abused Spouses
• Legal Services
• Employment Training
• Food Banks
• Transportation Services
• Infrastructure Improvements (e.g., street
paving, sidewalk, curb and gutter, or
water/sewer lines)
• Neighborhood Facility Improvements (e.g., parks,
libraries, recreational facilities, community centers,
or senior centers)
• Special Needs Facilities (e.g., homeless, domestic
violence shelters, nursing homes, or group homes)

HOW TO APPLY
CDBG funding applications will be released on Monday, November 6, 2023. To obtain instructions and guidelines for the application for CDBG funding, please refer to the Community Development and Housing website:
https://sbcountycdha.com/community-development-and-housing-department/nofas-notices-rfps/. The deadline for submitting applications is Monday, December 11, 2023, by or before 4:00 P.M.. Applications must be submitted through the online Web Application Management System (WAMS): https://sbc.hdsoftware.net/login. Any applications received after the deadline will not be accepted.

Should you have a question regarding the CDBG application process please contact Bryan Anderson, Supervising ECD Analyst by telephone at (909) 501-0625 or by email at [email protected]. Also, it is our intention to comply with the requirements of the Americans with Disabilities Act (ADA) in every way. Should you require assistance please contact Bryan Anderson at the telephone number or email listed above.

NOTE
The following cities are NOT part of the County‘s CDBG Participating Cities Program: Chino, Chino Hills, Fontana, Hesperia, Ontario, Rancho Cucamonga, Rialto, San Bernardino, Upland, Victorville, and the Town of Apple Valley. However, they are direct recipients of HUD federal funds. To apply for funding in these cities, you are encouraged to contact each city directly.

Page 105 of 107 ends

New/Cont. District Location Applicant Application # Project Title Project Description Amount Requested Comments Eligible: Yes/NO Supervising ECD Analyst Initials Accomplishment # 23-24 Project #
New First District Twentynine Palms
Kary Minatrea, Recreation Division Manager
City of Twentynine Palms
74362 Joe Davis Drive
Twentynine Palms, CA 92277
[email protected]
760-367-7563 Ext. 1027
TWEN24CN-006 Twentynine Palms: Parking Lot Improvements - ADA Rehabilitation Project Construction - Twentynine Palms will manage the parking lot rehabilitation project for Americans with Disabilities Act (ADA) compliance, including but not limited to 2 parking spaces and path of travel. This project will benefit approximately 4,294 disabled persons in the City of Twentynine Palms and surrounding communities. $170,000.00
Eligibility is contingent upon the project scope being limited to only the bare minimum required to remove barriers that keep people with mobility issues from enjoying the park and attending the Parks and Recreation Office.

Removing an existing non-ADA compliant standard feature and replacing it with an ADA compliant feature is NOT in and of itself eligible activity under CDBG rules and regulations.

Only the aspects of the project that actually remove a material/architectural barrier that restricts accessibility of persons with mobility issues are eligible.

Any and all improvements that do not directly and primarily benefit persons with disabilities are not eligible.

Davis-Bacon Act and other labor standards apply and may add up to 20% to the estimated cost of construction.

Contracts with contractors (and subcontractors) greater than $200,000 require the contractor/subcontractor to be in adherence with Section 3 regulations.

City of Twentynine Palms 2023 population is 28,065 of that amount, 15.3% or 4,294 persons are disabled. City Disability Percentage – 15.3% per 2022 ACS data – Disability Characteristics. (www.data.census.gov).

Yes N/A
New First District Twentynine Palms
Susanna Barnett, Executive Director
Morongo Basin Unity Home, Inc.
7237 Joshua Lane
Yucca Valley, CA 92284
[email protected]
760-366-9663
TWEN24PS-006 Twentynine Palms: Morongo Basin Unity Home Inc. - DV Shelter Basketball Court Public Service - 29 Palms Community Food Pantry & Outreach Ministries, under contract with the City of Twentynine Palms, will provide Food Distribution to approximately 572 low-and moderate-income households in Twentynine Palms and the surrounding areas.
$12,000.00
Eligible Construction - Morongo Basin Unity Home, a domestic violence shelter near the City of Twentynine Palms will rehabilitate a basketball court for use by youth of victims of domestic violence. Approximately 3,274 shelter beds will be provided annually.

Victims of Domestic Violence are a presumed 51% low-to moderate-income population. However, documentation is still required.

A maintenance and operation (M&O) agreement is also required. Should the City wish to fund this construction activity, this is a third party owned facility, the City must agree to enter into a M&O agreement with Morongo Basin Unity Home. Also, the City must sign a “General Fund Guarantee” to ensure that the City will repay the HUD CDBG program administered by the County should Morongo Basin Unity Home, not satisfy the M&O requirements. The environmental review, the M&O agreement and the General Fund Guarantee must be completed prior to the design of the improvements and subsequent advertisement for bids process can start. Federal Davis Bacon wages must be paid on this project and may increase cost.

Yes N/A
New First District Twentynine Palms
Robin Schlosser, Director
Reach Out Morongo Basin
P.O. Box 2225
Twentynine Palms, CA 92277
[email protected]
760-361-1410
TWEN24PS-007 Twentynine Palms: Reach Out Morongo Basin - Senior Programs Public Service - Reach Out Morongo Basin, through a contract with City of Twentynine Palms, will provide transportation and senior center activities (including dances and art classes) to 630 low-and-moderate- income senior citizens. $20,000.00
Eligible Public Service - Reach Out Morongo Basin, through a contract with City of Twentynine Palms, will provide transportation and senior center activities (including dances and art classes) to 630 low-and-moderate- income senior citizens.

Public Services are limited to low-and moderate-income persons and require monthly documentation that at least 51% of the persons served qualify as low-and moderate-income.

Elderly Persons are a presumed 51% low-to moderate-income population. However, documentation is still required. A quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding.

Yes N/A
New First District Twentynine Palms
Lori Jo Cosgriff, President
29 Palms Community Food Pantry and Outreach Ministries, Inc.

P.O. Box 782
Twentynine Palms, CA 92277
[email protected]
760-900-1169
TWEN24PS-018 Twentynine Palms: Food Distribution - 29 Palms Community Food Pantry Public Service: The City of Twentynine Palms will contract with 29 Palms Community Food Pantry and Outreach Ministries, Inc. to distribute food to persons from low to moderate income households.
$30,000.00
Eligible Public Service - Public Service - 29 Palms Community Food Pantry & Outreach Ministries, under contract with the City of Twentynine Palms, will provide Food Distribution to approximately 572 low-and moderate-income households in Twentynine Palms and the surrounding areas. Public Services are limited to low-and moderate-income persons and require monthly documentation that at least 51% of the persons served qualify as low-and moderate-income. Also, a quantifiable increase in the level of service or a new additional service is required in order to continue to be eligible for CDBG funding.

Yes TWEN23PS-016
Cont First District Twentynine Palms
Melanie Orosco, County Librarian
268 W. Hospitality Lane, 3rd Floor
San Bernardino, CA 92415
[email protected]
909-387-2220
TWEN24PS-026 Twentynine Palms: Adult Literacy Program
Public Service - The San Bernardino County Library (SBCL), Twentynine Palms Branch Adult Literacy Services Program will provide programming and instruction for low-to-moderate income illiterate adults and senior residents of Twentynine Palms. Individualized tutoring and one-on-one Literacy instruction (reading, spelling, and basic computer skills) will be provided to a minimum of 15 qualifying adult participants during Fiscal Year 24-25. Library Adult Literacy Services are provided free of charge to all learners participating in the program. Direct services and assistance are provided by Library staff as well as a team of trained Literacy Tutors.
$10,000.00
Eligible Public Service - Services are limited to low- and moderate-income clients and requires documentation of at least 51% of the clients are low- to moderate-income. Client eligibility (for all clients including illiterate adults) must be evidenced by documentation and data concerning beneficiary family size and income. CDBG funds will be used to pay for personnel services. Services are provided by San Bernardino County Library Department staff and volunteers. Service Location: 6078 Adobe Road, Twentynine Palms, CA 92277.

Yes TWEN23PS-060

Page 106 of 107 ends

City (1): City Council Hearing Date (2): 23-Jan-24
$ 160,078 Public Service Limit (15%) (4): $ 24,012 $15,349.59 Public Service YIN
(8)
Applicant's Requested
Amount (9)
City's 2024-2025
Recommended
Allocation Amount (10)
Available
Unprogrammed
Funds to Commit to
Activity
(11)
Public Service
Amount
(12)
Activity
Total
(13)
N $ 170,000 $ 15,350 $ -
Y $ 12,000 $ - $ - $ - $ -
Y $ 20,000 $ - $ - $ - $ -
Y $ 30,000 $ - $ - $ - $ -
Y $ 10,000 $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
$ - $ - $ - $ - $ -
Totals (14) $ 242,000 $ - $ 15,349.59 $ - $ -
Public Service Calculation (15):
$ 24,012
Less Total Public Service
Activity Amount: $ - $ 24,012
$ -
Signature Date (18)
The City agrees to enter into a "General Fund Guarantee" in order for the County to recommend activity funding.

Remaining Balance of Unprogrammed Funds (16):

Public Service Limit:

Authorized City Representative (17):

General Fund Guarantee Certification (19)
For Third-Party capital improvement activities, the City understands that reimbursements received from the County for which no measurable outcome is achieved may subsequently be required to be repaid by the City (using non-federal funds) to County. Measurable outcomes are defined as providing benefits to low- to moderate-income individuals, families, organizations, and communities and are derived from the project or program.

Amount Available to Program to Public
Service Activities:

Project Title
(* indicates project requires a "General Fund Guarantee") (7)
Parking Lot Improvements ADA Rehabilitation Project
Morongo Basin Unity Home DV Shelter Basketyball Court
Reach Out Morongo Basin Senior Programs
Twentynine Palms Community Food Pantry Food Distribution Twentynine Palms Library Adult Literacy Program
TWEN24PS-007
TWEN24PS-006
TWEN24PS-018
TWEN24PS-026
COUNTY OF SAN BERNARDINO
Community Development and Housing Department
2024-2025 Community Development Block Grant (CDBG) Program Cooperating City Recommended Projects Form
CDH Application Log #
(6)
TWEN24CN-006
City's 2024-2025 Allocation (3):

Available Unprogrammed Funds From
Prior Years (5):

City of Twentynine Palms
YES

Page 107 of 107 ends

Twentynine Palms City CouncilJanuary 23, 2024

Twentynine Palms City Council
January 23, 2024