City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
15. Proof of insurance listing the City as an "Additionally Insured" by the submission of an "Additional Insured Endorsement" and establishing a minimum liability amount of $1 million dollars. Said policies shall provide for thirty (30) days' prior written notice to the City of cancellation or material change;
16.13. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws;
17.14. A certification that, to his or her knowledge and belief, the information contained within the application is true and correct;
18. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;
19.15. An acknowledgement that the sidewalk vendor’s use of public property is at their own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at his or her own risk;
20.16. Any other relevant information required by the Community Development Director.
D. Application and Permit Fees. Each application for a Sidewalk Vending Permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application. a. A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:
b. As provided under the California Business and Professions Code, Section 16102: “Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore.”
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
19.55.040 Issuance of Permit
A. Within thirty (30) calendar days of receiving a complete application, the Community Development Director may issue a Sidewalk Vending Permit, with appropriate conditions, as provided for herein, if he or she finds based on all the relevant information that:
1. The sidewalk vendor has paid all previous administrative fines and completed any other alternative disposition associated in any way with a previous violation of this Chapter;
2. The sidewalk vendor has not had a permit revoked within a twelve month period;
3. The sidewalk vendor’s application contains all required information;
4. The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;
5. The sidewalk vendor has satisfied all the requirements of this Chapter;
6. The sidewalk vendor has paid all applicable fees as set by City Council resolution;
7. The sidewalk vendor’s sidewalk vending receptacle and proposed activities conform to the requirements of this Chapter;
8. The vendor has satisfactorily provided all information requested by the Community Development Director to consider the vendor’s application.
B. A Sidewalk Vending Permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this Chapter.
C. All permits issued under this Chapter, regardless of when issued, are valid for a one year period.
D. The permit issued to a successful applicant shall contain the signature of the Community Development Director, the type of permit issued, the kind of goods to be sold there under, the date of issuance and the expiration date.
19.55.050 Operating Conditions
All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:
A. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in thissection.
B. While conducting sidewalk vending activities, sidewalk vendors must always carry their current Sidewalk Vending Permit, which is issued as a letter.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
C. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities. Sidewalk vending receptacles shall not be stored on public property and shall be removed when not in active use by a vendor.
D. No sidewalk vending receptacle shall be motorized.
E. If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities.
F. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. The size of the vendor’s trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle.
Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.
G. Sidewalk vendors shall maintain a minimum four (4) foot clear accessible path free from obstructions, including sidewalk vending receptacles and customer queuing area.
H. Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or vehicles illegally parked or stopped.
I. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public or private property.
J. The conduct of the sidewalk vendor shall will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
K. The conduct of the sidewalk vendor shall will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor; L. The conduct of such sidewalk vending activity shall will not constitute a fire hazard, and all proper safety precautions shall will be taken;
M. The conduct of such sidewalk vending activity shall will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;
N. The size of the sidewalk vending receptacle shall be limited to a maximum width of four feet and a maximum length of six feet.
O. No external power of plumbing is allowed. The sidewalk vending receptacle shall be completely selfcontained.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
19.55.060 Prohibited Activities and Locations
A. Sidewalk vendors shall comply with all operating conditions, including those conditions set forth in Section 19.55.050.
B. Sidewalk vendors shall not engage in any of the following activities:
1. Renting merchandise to customers;
2. Displaying merchandise or food that is not available for immediate sale;
3. Selling of adult-oriented material, cannabis, tobacco, or alcohol;
4. Using an open flame on or within any sidewalk vending receptacle;
5. In residential areas, all stationary sidewalk vending is prohibited.
6. In residential areas, roaming sidewalk vending activity is prohibited between the hours of 6:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. of the following day. All sidewalk vendors are prohibited from using any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to food or merchandise offered for sale.
7. Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has asked the vendor to leave or after the person has declined the offer to purchase food or merchandise;
8. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;
9. Blocking or impeding the path of the person(s) being offered food or merchandise to purchase; C. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:
1. Within twelve (12) inches of any curb face on all roads.
2. Within fifteen (15) feet of any entrance or exit to a building, structure or facility.
3. On any designated emergency vehicle access way.
4. Any public property that does not meet the definition of a sidewalk or pathway including without limitation any alley, street, roadway or parking lot;
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
5. Within the immediate vicinity of an area designated for a temporary use permit issued by the City, during the limited duration of the temporary use permit. If the City provides any notice, business interruption mitigation, or other rights to affected businesses or property owners under the City’s temporary special permit, such notice will also be provided to any sidewalk vendors specifically permitted to operate in the area, if applicable; or
6. Sidewalk vendors shall not engage in sidewalk vending activities within fifty (50) feet of another sidewalk vendor.
7. Sidewalk vendors shall not engage in sidewalk vending activities within one hundred (100) feet of a school, a place of worship, or a child daycare facility.
8. Sidewalk vendors shall not engage in sidewalk vending activities within two hundred (200) feet of a permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet, unless they are an approved vendor in the market or the swap meet.
9. Stationary sidewalk vending activities shall only occur on sidewalks or pathways with a minimum width of eight (8) feet or larger.
10. Sidewalk vendors shall not engage in sidewalk vending activities within twenty-five (25) feet of a:
a. Fire hydrant;
b. Curb which has been designated as yellow or red zone, or a bus zone; c. Automated teller machine;
d. Driveway, alley, or street corner;
11. Sidewalk vendors shall not engage in sidewalk vending activities that would violate provisions of this Code relating to visibility requirements for streets, alleys, driveways, and intersections.
12. Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities at any park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.
13. Sidewalk vendors shall not vend in pocket parks located in residential areas. These parks are small by design and any vending or commercial activity in these pocket parks shall prevent the public from enjoying the natural resources and recreational opportunities in the pocket parks. A prohibition on sidewalk (and all other) vending in these pocket parks will prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. These parks are situated adjacent to individual residences, and sidewalk
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
vending activity will result in increased traffic, noise, and crowding, resulting in health, welfare, and safety issues.
14. On any sidewalk with a gradient in excess of ten percent (10%).
15. Within two hundred (200) feet of any public safety facility, including without limitation police stations and fire stations.
16. On any sidewalk where vending equipment and queuing patrons would restrict access requirements under the Americans with Disabilities Act.
17. On any sidewalk where vending equipment and queuing patrons would jeopardize life safety of any person.
D. Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic barriers.
19.55.070 Appeals
A. Decisions to deny an application for a permit may be appealed by any interested person. Any appeal of a decision regarding a Sidewalk Vending Permit application shall be filed in accordance with Chapter
19.28.120 (Appeals) Approval Requirements and Common Procedures) of this Code.
B. Administrative fines, assessed by means of an administrative citation, may be appealed by the recipient.
Any appeal of an administrative citation regarding a Sidewalk Vending Permit shall be filed in accordance with Chapter 19.144 (Administrative Citations) of this Code.
19.55.080 Violations
A. Violations of this Chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by administrative fines.
B. In addition to the procedures from Chapter 19.144 (Administrative Citations), the following apply to this Chapter only:
1. The enforcement officer shall provide the recipient of an administrative citation with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the City shall accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Chapter.
2. The enforcement officer may waive the administrative fine or may offer an alternative disposition.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
3. The Community Development Director, or his or her designee, may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.
19.55.090 Suspension and Revocation
A. A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).
B. Fees for revoked permits are not refunded.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,
Chapter 19.56 Transient Selling, Peddling, and Soliciting Permits
Sections:
Sections:........................................................................................................................................................1
19.56.010 Purpose..................................................................................................................................1
19.56.020 Definitions.............................................................................................................................1
19.56.030 Permit Required ....................................................................................................................1
19.56.040 Issuance of Permit.................................................................................................................4
19.56.050 Operating Conditions............................................................................................................5
19.56.060 Prohibited Activities and Locations......................................................................................6
19.56.070 Appeals .................................................................................................................................7
19.56.080 Violations..............................................................................................................................7
19.56.090 Suspension and Revocation ..................................................................................................7
19.56.010 Purpose
The purpose of this Chapter is to establish standards and a permit process for the regulation of transient selling, peddling, and soliciting activities in the City. This Chapter shall not apply to sidewalk vending activities, which are subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit), or mobile food truck vending activities, which are subject to the provisions of Chapter 19.57 (Mobile Food Truck Vending Permit).
19.56.020 Definitions
Please refer to Chapter 19.06 (Definitions) of this Code for definitions of terms and phrases used in this Chapter. If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.
19.56.030 Permit Required
A. Permit Required. No person shall engage in any transient selling, peddling, or soliciting activities within the City without first applying for and receiving a permit from the Community Development Director, or his or her designee, in accordance with this Chapter, except for the following:
1. All religious, nonprofit and charitable organizations shall be exempt from the requirements of this Chapter, provided a copy of the “Solicitation and Sale for Charitable Purposes Card” and a copy of the information requested by California Business and Professions Code Section 17510.3 is filed with the City’s Planning Department.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,
2. Sidewalk vending activities subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit).
3. Mobile food truck vending activities subject to the provisions of Chapter 19.57 (Mobile Food Truck Vending Permit).
4. Any temporary fair, show, or exhibition of arts, crafts or similar handiwork subject to the provisions of Chapter 19.110 (Farmers Market Uses), or citywide celebrations, observances or special events, or a separate event approved under a Conditional Use Permit, Temporary Use Permit or Administrative Use Permit, such as an annual sidewalk or parking lot sale, shall be exempt from this Chapter.
5. Yard and garage sales (not exceeding four per year at one location) shall be exempt from the provisions of this Chapter.
6. The sale of agricultural or food products made, raised or grown by the salesperson on his/her premises shall be exempt from this Chapter, provided that such sales take place on the premises of the salesperson, .
7. The terms of this Chapter do not include the acts of persons selling personal property at wholesale to dealers, nor to paper carriers, nor to the acts of merchants or their employees engaged solely in the act of transporting for delivery merchandise preordered from said business via the phone, Internet or at the licensed business in the regular course of business. Ancillary soliciting or peddling activities shall not be allowed prior to or following the delivery of said preordered merchandise unless in conformance to all provisions of this Chapter. Nothing contained in this Chapter prohibits any sale required by statute or by order of any court, or to prevent any person conducting a bona fide auction sale pursuant to law.
8. Vendors, merchants, exhibitors and salesmen who exhibit, demonstrate or solicit orders for goods or merchandise in conjunction with, and as part of, the organized program of conventions, professional meetings, trade association meetings, seminars or other similar meetings held at hotels, motels or public or private meeting areas in the City shall be exempt from the provisions of this Chapter.
9. Any person having a fixed place of business in the City, for which a valid Business License is held, shall not be required to obtain a permit for transient selling, peddling, or soliciting activities issued under this Chapter provided that such activity is related to or for the benefit of such place of business and is located upon the same premises as the licensed business.
10. Any commercial traveler whose business is limited to merchandise sold at wholesale to local retailers.
11. Any persons engaged in solicitation for the benefit of a political candidate or otherwise engaged in any activity protected by the First Amendment of the Constitution.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,
B. Business License Required. No person shall engage in any transient selling, peddling, or soliciting activities within the City without first applying for and receiving a valid business license issued by the City.
C. Application Required. An application for a Transient Selling, Peddling, and Soliciting permit shall be filed with the Community Development Director, or his or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees).A written application for a permit shall be filed with the Community Development Director, or his or her designee, at least thirty (30) days prior to the date upon which the applicant desires to begin his/her business, on a form provided by the City and shall contain the following information:
C.
1. The name, address, and telephone number of the applicant;
2. The name, address, and telephone number of all persons involved in the activity;
3. The general location in which the applicant intends to do business (if the location is to change during the permit period, the applicant must so state on the application) and, if any one or more vehicles are to be used, a description of the same, together with license number and other means of identification;
4. A brief description of the nature of the business and goods shown for sale or for future delivery;
5. The particular manner and means by which he/she intends to sell his/her goods or take orders;
6. The start date, end date, and the length of time, day(s), and hours of operation for which the individual or corporation intends to conduct the business activity;
7. If employed, the name, address and telephone number of the employer, together with credentials establishing the exact relationship between the employer and employee;
8. The most recent cities and/or towns, not to exceed three, where the applicant carried on business immediately preceding date of City application and the address from which such business was conducted in those municipalities;
9. Copy of current driver’s license for applicant and all persons involved in the activity;
10. If selling or offering for sale any produce or other food item for which a County food handler card and/or County health permit are required, a copy of the card and/or permit;
11. Copy of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, or a statement explaining why the applicant is exempt from such permit requirement, which shall be maintained during the pendency of the permit;
12. Proof of insurance listing the City as an "Additionally Insured" by the submission of an "Additional Insured Endorsement" and establishing a minimum liability amount of $1 million dollars. Said policies shall provide for thirty (30) days' prior written notice to the City of cancellation or material
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,
change;
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,
13. A certification that, to his or her knowledge and belief, the information contained within the application is true and correct;
14. An agreement by the applicant to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the applicant’s activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;
15. Any other information deemed by the Planning Department to be necessary to protect the health, safety and welfare of the City.
D. Application and Permit Fees. Each application for a permit issued under this Chapter shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application.
1. A discount of 50 percent shall be applied to the permit fee for the issuance of a permit to the following:
a) Any person who is physically disabled or blind. (A physician’s statement certifying the applicant’s condition shall be submitted with the application.)
2. A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:
a) As provided under the California Business and Professions Code, Section 16102: “Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore.”
19.56.040 Issuance of Permit
A. The Community Development Director, or his or her designee, is authorized to approve or deny applications for a permit issued under this Chapter, as set forth herein:
1. The applicant has paid all previous administrative fines and completed any other alternative disposition associated in any way with a previous violation of this Chapter;
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,
2. The applicant has not had a permit revoked within the past twelve months;
3. The applicant’s application contains all required information;
4. The applicant has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;
5. The applicant has satisfied all the requirements of this Chapter;
6. The applicant has paid all applicable fees as set by City Council resolution;
7. The applicant’s proposed activities conform to the requirements of this Chapter;
8. The applicant has satisfactorily provided all information requested by the Community Development Director to consider the applicant’s application.
9. The permittee shall inform the City in writing of any change in the information listed on the permit application.
10. Transient selling activities on any private property requires the express written consent of the owner.
B. Permits issued under this Chapter are non-transferrable.
C. All permits issued under this Chapter shall be issued for a period of one year, subject to the applicable requirements of this Chapter and shall be renewable for successive periods of one year upon the payment of the annual permit fee.
D. The permit issued to a successful applicant shall contain the signature of the Community Development Director, the type of permit issued, the kind of goods to be sold there under, the date of issuance and the expiration date.
19.56.050 Operating Conditions
All permittees are subject to the following operating conditions when conducting transient selling, peddling, and soliciting activities:
A. Permits issued under this Chapter for transient sellers may be used for a period not to exceed 90 days total within any twelve month period. Permits under this Chapter for peddling and soliciting may be used for a period not to exceed 180 days within any twelve month period.
B. If operating from a fixed location, a restroom facility shall be available on-site.
C. A permit will authorize the permittee to sell, peddle, or solicit only at the location(s) specified and only during the time(s) designated in the application.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,
D. The conduct of the transient selling, peddling, or soliciting activities shall not interfere with the free flow of vehicular or pedestrian traffic.
E. The permittee and all agents of the permittee engaging in the activity shall carry a copy of the permit, which is issued as a letter, on his/her person at all times while engaged in the peddling, transient selling, or soliciting activity, and shall present it upon request by any authorized officer or inspector.
F. Nothing within the content of this Code shall prohibit or preclude a property owner (whether a business or residential property) from requesting that any permittee engaging in the peddling or soliciting activity immediately leave their premises.
G. The conduct of the applicant shall not unduly interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
H. The conduct of the applicant shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the permittee; I. The conduct of the applicant’s activity shall not constitute a fire hazard, and all proper safety precautions will be taken;
J. The conduct of the applicant’s activity shall not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;
19.56.060 Prohibited Activities and Locations
A. All permittees shall comply with all operating conditions, including those conditions set forth in Section
19.56.050.
B. Permittees shall not engage in any of the following activities:
1. Selling of adult-oriented material, cannabis, tobacco, or alcohol.
2. It shall be unlawful for any person, regardless of age, to peddle, solicit, or conduct transient selling activities between the hours of 8:00 p.m. and 8:00 a.m. each day unless such person has, between the hours of 8:00 a.m. and 8:00 p.m. of each day, obtained advance consent from a person residing at such residence or business.
3. All permittees are prohibited from using any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to goods, services, or merchandise offered for sale.
4. Knowingly making false statements or misrepresentations during the course of offering goods, services, or merchandise for sale.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,
5. Blocking or impeding the path of the person(s) being offered goods, services, or merchandise to purchase.
6. Making any statements, gesture, or other communication which a reasonable person in the situation of the person(s) being offered goods, services, or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out.
7. Touching the person(s) being offered to purchase goods, services, or merchandise without that person(s)’ consent.
19.56.070 Appeals
A. If the Community Development Director refuses to issue a permit pursuant to provisions of this Chapter, the applicant may appeal the refusal to the Planning Commission. If the Planning Commission refuses to issue a permit pursuant to provisions of this Chapter, the applicant may appeal the refusal to the City Council.
B. Any appeal of any decision regarding a permit issued under this Chapter shall be filed in accordance with Chapter 19.28.120 (Appeals) Approval Requirements and Common Procedures) of this Code.
19.56.080 Violations
Conduct of any peddling, transient selling, or soliciting activity by persons not obtaining a permit shall constitute a violation. The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors. Response to violations shall be in accordance with Section 19.28.150 (Violations and Enforcement).
19.56.090 Suspension and Revocation
C. A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).
D. Fees for revoked permits are not refunded.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Chapter 19.57 Mobile Food Truck Vending Permit
Sections:
Sections:........................................................................................................................................................1
19.57.010 Purpose..................................................................................................................................1
19.57.020 Definitions.............................................................................................................................1
19.57.030 Permit Required ....................................................................................................................1
19.57.040 Issuance of Permit.................................................................................................................3
19.57.050 Operating Conditions............................................................................................................4
19.57.060 Prohibited Activities and Locations......................................................................................6
19.57.070 Appeals .................................................................................................................................6
19.57.080 Violations..............................................................................................................................6
19.57.090 Suspension and Revocation ..................................................................................................7
19.57.010 Purpose
The purpose of this Chapter is to establish a permitting and regulatory program for mobile food truck vending in the City. Mobile food trucks are intended to vend at various locations and events and not intended to operate in a permanent location in lieu of a permanent structure. This Chapter shall not apply to sidewalk vending activities, which are subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit).
19.57.020 Definitions
For this Chapter, the definition for “Person” means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the City. Please refer to Chapter 19.06 (Definitions) of this Code for all other definitions of terms and phrases used in this Chapter.
If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.
19.57.030 Permit Required
A. Permit Required. No person shall engage in mobile food truck vending within the City without first applying for and receiving a Mobile Food Truck Vending Permit from the Community Development Director, or his or her designee, in accordance with this Chapter, except when:
1. The mobile food truck is associated with the operation of a City-permitted special event, subject to the conditions thereof.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
2. The mobile food truck is limited to a single mobile food truck located temporarily on private property operating solely for private catering purposes.
B. Business License Required. No person shall engage in any mobile food truck vending within the City without first applying for and receiving a valid business license issued by the City.
C. Application Required. An application for a Mobile Food Truck Vendor permit shall be filed with the Community Development Director, or his or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees)A written application for a Mobile Food Truck Vending Permit shall be filed with the Community Development Director, or his or her designee, on a form provided by the City and shall contain the following information:
1. The name, address, and telephone number of the person applying to become a mobile food truck vendor;
2. The name, address, and telephone number of the person who will oversee and/or be responsible for the person(s) working at the mobile food truck;
3. The name, address, and telephone number of all persons that will be employed at the mobile food truck;
4. Description of the type of food to be sold and the food preparation methods;
5. The location(s) in the City where the vendor intends to operate;
6. The day(s) and hours of operation the vendor intends to operate at such location(s);
7. The dimensions of the mobile food truck, including a picture of the mobile food truck;
8. Copy of current driver’s license and vehicle registration;
9. Proof of his or her possession of a valid County health permit;
10. Proof of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, which shall be maintained during the pendency of the permit;
11. Proof of insurance listing the City as an "Additionally Insured" by the submission of an "Additional Insured Endorsement" and establishing a minimum liability amount of $1 million dollars. Said policies shall provide for thirty (30) days' prior written notice to the City of cancellation or material change;
12. An acknowledgment that the vendor will comply with all other generally applicable local, state, and federal laws;
13. A certification that, to his or her knowledge and belief, the information contained within the application is true and correct;
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
14. An agreement by the vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s mobile food truck activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;
15. An acknowledgement that the vendor’s use of public property is at their own risk, the City does not take any steps to ensure public property is safe or conducive to the mobile food truck vending activities, and the vendor uses public property at his or her own risk;
16. Any other relevant information required by the Community Development Director.
D. Application and Permit Fees. Each application for a Mobile Food Truck Vending Permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application. a. A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:
b. As provided under the California Business and Professions Code, Section 16102: “Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore.”
19.57.040 Issuance of Permit
A. Within thirty (30) calendar days of receiving a complete application, the Community Development Director may issue a Mobile Food Truck Vending Permit, with appropriate conditions, as provided for herein, if he or she finds based on all the relevant information that:
1. The vendor has paid all previous administrative fines associated in any way with a previous violation of this Chapter;
2. The vendor has not had a permit revoked within a twelve-month period;
3. The vendor’s application contains all required information;
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
4. The vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;
5. The vendor has satisfied all the requirements of this Chapter;
6. The vendor has paid all applicable fees as set by City Council resolution;
7. The vendor’s vehicle and proposed activities conform to the requirements of this Chapter;
8. The vendor has satisfactorily provided all information requested by the Community Development Director to consider the vendor’s application.
B. A Mobile Food Truck Vending Permit is non-transferable. Any change in ownership or operation of a mobile food truck requires a new permit under this Chapter.
C. All permits issued under this Chapter, regardless of when issued, expire within one year of the date they were issued.
D. The permit issued to a successful applicant shall contain the signature of the Community Development Director, or his or her designee, the type of permit issued, the kind of food to be sold there under, the date of issuance and the expiration date.
19.57.050 Operating Conditions
All mobile food truck vendors are subject to the following operating conditions when conducting mobile food truck vending:
A. The Mobile Food Truck Vending Permit, which is issued as a letter, shall be displayed conspicuously at all times on the food truck.
B. Mobile food trucks shall not idle vehicle engines more than five minutes during any one-hour time period.
C. Mobile food truck operators shall be responsible for controlling smoke and odors caused by food preparation.
D. Mobile food trucks may operate in legal parking spaces located adjacent to Commercial and Industrial Zoning Districts, or in active construction sites, provided they comply with all the following minimum standards and conditions:
1. Mobile food trucks shall be parked directly adjacent to a sidewalk, free and clear for pedestrian passage, or within a parking lot with adequate pedestrian clearance.
2. The mobile food truck shall be in full compliance with all parking and vehicle Code provisions which apply to the location at which it is parked, including the maximum allowed parking time limit for the parking space(s) occupied.
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
3. The mobile food truck operations shall not obstruct pedestrian or vehicular traffic.
4. The mobile food truck operator shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required trash receptacles, provided they maintain a clear four-foot pedestrian walkway.
5. No mobile food truck operator shall conduct business unless he or she maintains a clearly designated trash receptacle(s) in the immediate vicinity of the vehicle. Such receptacles shall be marked with a sign requesting use by patrons. Prior to leaving the location, the mobile food truck operator shall pick up, remove and dispose of all trash generated by the mobile food truck operations within 100 feet of the truck. Mobile food truck operators shall not empty their trash into public trashcans.
6. No mobile food truck shall operate in such a way that would violate provisions of this Code relating to visibility requirements for streets, alleys, driveways, and intersections.
E. Mobile food trucks may operate on private properties in Commercial and Industrial Zoning Districts pursuant to the following minimum standards and conditions:
1. Separate trash containers shall be provided on site during all hours of mobile food truck operations.
All litter generated within a minimum of a 100-foot radius of the site shall be collected prior to closure of the mobile food truck operations.
2. A maximum 200-square-foot uncovered seating area may be provided to serve patrons of the mobile food truck. All seating areas shall be removed prior to close of business for the day. The seating shall be located in an area of the site that is not landscaped, reserved, encumbered, or designated to satisfy the off-street parking of a business or activity that is operating at the same time as the mobile food truck, and shall not obstruct any pedestrian or vehicular traffic.
F. No temporary lighting shall be provided on the site where the mobile food truck is operating, except that localized lighting may be used on or in the mobile food trucks for the purpose of inside food preparation and menu illumination, except as otherwise permitted for a special event.
G. The conduct of such vending shall not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
H. The conduct of such vending shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor; I. The conduct of such vending shall not constitute a fire hazard, and all proper safety precautions will be taken;
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
J. The conduct of such vending shall not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;
19.57.060 Prohibited Activities and Locations
A. Mobile food truck vendors shall comply with all operating conditions, including those conditions set forth in Section 19.57.050.
B. Mobile food truck vendors shall not engage in any of the following activities:
1. Selling of adult-oriented material, cannabis, tobacco, or alcohol;
2. Mobile food trucks shall not use any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to the food truck, except for ice cream trucks between the hours of 9:00 a.m. and 8:00 p.m., provided that said amplified sound is turned off during sales.
C. Mobile food truck vendors shall not engage in mobile food truck vending at the following locations:
1. No mobile food truck shall operate within two hundred (200) feet of a permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet, unless the food truck is an approved vendor in the market or swap meet.
2. No mobile food truck shall operate within two hundred (200) feet of any off-street mobile food truck event, City-permitted special or reoccurring event. Exceptions to this prohibition are allowed when consent is provided within the special event permit.
2.3. No mobile food truck shall operate on public parking spaces on streets rated for 35 MPH or faster.
3.4. In residential areas, mobile food truck vending is prohibited, with the exception of ice cream trucks.
19.57.070 Appeals
A. If the Community Development Director refuses to issue a permit pursuant to provisions of this Chapter, the applicant may appeal the refusal to the Planning Commission. If the Planning Commission refuses to issue a permit pursuant to the provisions of this Chapter, the applicant may appeal the refusal to the City Council.
B. Any appeal of any decision regarding a Mobile Food Truck Vending Permit shall be filed in accordance with Chapter 19.28.120 (Appeals) Approval Requirements and Common Procedures) of this Code.
19.57.080 Violations
Conduct of any mobile food truck vending by persons not obtaining a permit shall constitute a violation.
The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors.
Response to violations shall be in accordance with Section 19.28.150 (Violations and Enforcement).
City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
19.57.090 Suspension and Revocation
A. A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).
B. Fees for revoked permits are not refunded.
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.
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.
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
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
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.
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, 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
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.
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 or desirable. The Planning Commission may establish rules for the conducting of such public hearings.
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
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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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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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.
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.
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.
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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STAFF REPORT
TO: City Council
FROM: City Clerk
FOR MEETING: Feb 13 2024
SUBJECT: Designation of a Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly.
RECOMMENDATION:
The City Council select two Councilmembers to serve as Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual General Assembly.
ORDER OF PROCEDURE:
Request Staff Report (City Clerk Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of the Motion
Call the Question
BACKGROUND:
The Southern California Association of Governments (SCAG) was established in 1965 and is the nation's largest metropolitan planning organization and council of governments representing six counties and more than 19 million residents. SCAG is a joint powers authority established under California law, which means that it is an association of local governments and agencies that voluntarily comes together on issues of common concern.
SCAG is mandated by Federal and State law to develop regional plans for transportation, growth, management, housing development, air quality, and other issues of regional significance. Through the SCAG adopted plans, the Regional Councilmembers, acting through SCAG, have kept Southern California eligible for billions of Federal and State dollars to assist with city and county programs.
The annual SCAG General Assembly will be held on Thursday and Friday, May 2-3, 2024, at the JW Marriott Desert Springs Resort & Spa in Palm Desert. Each year, SCAG's member cities select a delegate and an alternate delegate to represent their city at the annual meeting.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could choose not to select a delegate or alternate delegate and have no representation at the Annual General Assembly.
FISCAL IMPACT:
None.
STAFF REPORT
TO: City Council
FROM: Information Services Director
FOR MEETING: Feb 13 2024
SUBJECT: Luckie Park BallField Light Pole Replacement and Upgrade.
RECOMMENDATION:
The City Council award a contract to Qualite in the amount of $778,328.00 for the purchase of steel light poles and LED light fixtures and $316,900.00 for the installation of poles and fixtures. Total contract award is $1,095,228.00 plus an additional contingency of $254,155.00 for potential wiring replacement should issues arise.
The project cost should not exceed $1,349,383.00.
ORDER OF PROCEDURE:
Request Staff Report (IS Director Presenting)
Council Questions of Staff
Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• QL22278 Twentynine Palms -
Luckie Park with Installation
Options - Quote
BACKGROUND:
Luckie Park houses multiple fields used by community members for softball, baseball, football, soccer, and special events. The existing wood poles are well past their service life and are plagued by issues typical of wood poles. The existing light fixtures are Nickel Metal Hallide which are roughly 1/3 the efficiency of the proposed LED light fixtures. The existing light fixtures are also increasingly expensive to maintain. The Qualite Q-LED light fixtures are a proprietary fixture allowing for better lighting with less poles. This will provide a better lighting experience with less operating cost. The additional benefit of LED lighting is extended service life without additional maintenance costs.
At the direction of the City Manager, Tanko Lighting was brought in as a consultant/project manager for this project. Staff passed on information previously received from Qualite regarding lighting options. Tanko conducted meetings with Staff, assessed existing lighting and prepared a bid package. The formal bid was conducted and the only bid received was Qualite. Local bidders were individually notified of the bid opportunity, they declined to bid due to current work volume. The City has prior experience with Qualite at Knott's Sky Park and these lights have performed well.
Qualite Quote:
Equipment: $778,328.00 with discount applied for 50% payment when order is placed Installation: $316,900.00 Adder Option 1
Contingency: $254,155.00 Adder Option 2
Adder option 1 includes Installation of 22 poles and 137 related fixtures • Removal of 22 existing wooden poles (to be left on site for owner disposal) • Foundation size to be determined
• Typical soil/no casing included
• Proposal includes offloading, assembly and installation of lighting equipment. • If geo-tech soil reports are not available from the owner, Qualite can offer these services at an additional cost. If geo-tech is not
desirable, the owner will be required to execute a typical soil disclaimer. • Foundations priced into this proposal are based off of normal soils. No rock, debris, high water table or impassable materials are
included in this cost. If rock or soil that requires casing or mudding is encountered, an additional $6,500 per pole will be charged.
If rocks are encountered, an additional $500 per foot will be charged. • All necessary labor, equipment, insurance and miscellaneous materials are included. • Labor is non-union and is based off Fair Labor Rates. • Price based on site access sunrise to sundown, 7 days a week, with no work stoppage. • Price based off one mobilization.
• Owner to provide adequate access to site.
• Due to size and weight of construction equipment, any damage to site due to construction is not included.
This includes but is
not limited to sod/grass, landscaping, irrigation, curbs, asphalt and concrete. • Site electrical, Conduit, distribution panels by others. • Pole wiring harness and pole disconnects are included and installed under this agreement. • No permits, license or utility costs are included.
Adder Option 2 Electrical Installation per field quote includes all labor, equipment, new conduit, wire and minor
material.
• Two Baseball Fields: $106,536
• Two Softball Fields: $82,963
• Soccer Field: $64,656
• All necessary labor, equipment, insurance and miscellaneous materials are included. • Labor is non-union and is based off Fair Labor Rates. • Price based on site access sunrise to sundown, 7 days a week, with no work stoppage. • Price based off one mobilization.
• Owner to provide adequate access to site.
• Due to size and weight of construction equipment, any damage to site due to construction is not included.
This includes but is
not limited to sod/grass, landscaping, irrigation, curbs, asphalt and concrete. • Pole wiring harness and pole disconnects are included and installed under this agreement. • No permits, license or utility costs are included.
• Site electrical and conduit are included. Power Service Point is assumed to be within 150 feet of the field. • Power is assumed to be 480v, 3P, 4W.
• Pole wiring harness and pole disconnects are included and installed under this agreement. • Concrete cutting is not included in the cost.
ENVIRONMENTAL:
N/A
ALTERNATIVES:
The City Council could choose to decline the contract, rebid the project, or cancel the project.
FISCAL IMPACT:
$1,349,383.00 with contingencies.
Project: Twenty Nine Palms Sports Complex
Date: 2/1/2024
Location: California
QL#: 22278D1-3-SF8620
Quotation
Qualite Lighting GAMECHANGER™ Q-LED System Price, As Detailed Below Sales tax is not included as part of this quotation.
Early Payment Discount
(50% payment due
within 7 business days
of issuance of PO)
$791,778
- $13,450
___________
$778,328
System Includes
1 - GameChanger Gen 3 Full fixtures pre-aimed, pre-wired and fully assembled on light stanchion. UL-Listed driver/distribution cabinet - containing a surge protector and power line filter - that is fully-assembled, fully-wired and to be mounted 10' above grade. (2F-2 Fixtures) One on Pole A1 of the baseball fields. 3 - GameChanger Gen 3 Full fixtures pre-aimed, pre-wired and fully assembled on light stanchion. UL-Listed driver/distribution cabinet - containing a surge protector and power line filter - that is fully-assembled, fully-wired and to be mounted 10' above grade. (4F - 3 Fixtures) One on Poles A2-4 of the baseball fields. 5 - GameChanger Gen 3 Full fixtures pre-aimed, pre-wired and fully assembled on light stanchion. UL-Listed driver/distribution cabinet - containing a surge protector and power line filter - that is fully-assembled, fully-wired and to be mounted 10' above grade. (4F - 4 Fixtures) One on Pole C2 of the baseball fields; two on Pole A5 of the softball fields; and one on Poles A6-7 of the softball fields.
4 - GameChanger Gen 3 Full fixtures pre-aimed, pre-wired and fully assembled on light stanchion. UL-Listed driver/distribution cabinet - containing a surge protector and power line filter - that is fully-assembled, fully-wired and to be mounted 10' above grade. (7F - 5 Fixtures) One on Poles S1-4 of the multipurpose field.
QUALITE.COM 215 West Mechanic Street • Hillsdale, MI 49242 800-933-9741 Request for Proposals for Design, Materials & Installation Adder Options for Luckie Park Ballfield LED Lighting Conversion - LPLC 2024 Twentynine Palms, California
Project: New poles and lights on 2 baseball fields, 2 softball fields and 1 multipurpose field Light Levels:
285' X 300' X 246' Baseball Field: A 52 Foot Candle (FC) average LED design on the infield and a 30FC average LED design on the outfield
280' X 300' X 275' Baseball Field: A 53FC average LED design on the infield and a 30FC average LED design on the outfield
215' R Softball Field #1: A 53FC average LED design on the infield and a 31FC average LED design on the outfield
215' R Softball Field #2: A 52FC average LED design on the infield and a 31FC average LED design on the outfield
300' X 180' Multipurpose Field: A 31FC average LED design Poles: 8 60' MH and 3 70' MH galvanized steel sports lighting poles on the baseball fields; 3 60' MH and 4 70' MH galvanized steel sports lighting poles on the softball fields; and 4 70' MH galvanized steel sports lighting poles on the multipurpose field Installation: This proposal includes adder options for Poles in the Air and Electrical Installation 3 - GameChanger Gen 3 Full fixtures pre-aimed, pre-wired and fully assembled on light stanchion. UL-Listed driver/distribution cabinet - containing a surge protector and power line filter - that is fully-assembled, fully-wired and to be mounted 10' above grade. (7F - 6 Fixtures) One on Poles C1 and C3-4 of the baseball fields.
8 - GameChanger Gen 3 Full fixtures pre-aimed, pre-wired and fully assembled on light stanchion. UL-Listed driver/distribution cabinet - containing a surge protector and power line filter - that is fully-assembled, fully-wired and to be mounted 10' above grade. (7F - 7 Fixtures) Two on Pole B1 of the baseball fields; and one on Poles E1-4 of the softball fields. 4 - On/Off GameChanger™ Switch
4 - The QLED GameChanger™ Silver Dynamic Lighting Package includes two (2) preset scenes: Chaser and Score. 5 - Field Audit
125 - GameChanger Half Visor
1 - 25-Year, Maintenance-Free Warranty
1 - Project Design & Engineering Services
1 - QLED Wireless GameChanger™ Control System
10 - 70' MH Galvanized steel, exposed, above-grade, concrete-encased sports lighting poles. EPA of 14. 85 MPH per DSA. Poles S1-4 on multipurpose field; Poles B2-3 on the baseball fields; and Poles E1-4 on the softball fields. 7 - 60' MH Galvanized steel, exposed, above-grade, concrete-encased sports lighting poles. EPAs of 6 and 8. 85 MPH per DSA. Pole A1-4 and C2 on the baseball fields; and on Poles A6-7 of the softball fields. 1 - 70' MH Galvanized steel, exposed, above-grade, concrete-encased sports lighting poles. EPA of 21. 85 MPH per DSA. Pole B1 of the baseball fields.
4 - 60' MH Galvanized steel, exposed, above-grade, concrete-encased sports lighting poles. EPAs of 12 and 14. 85 MPH per DSA.
Poles C1 and C3-4 of the baseball fields; and Pole A5 of the softball fields. 2 - Foundation Design
1 - $13,450 - EARLY PAY DISCOUNT AVAILABLE, when 50% deposit is paid at time purchase order is issued to Qualite. 6 - 43W Type IV Cobrahead - AR13-10M2-MV-NW-4-BK-350-PCR7 6 - 86W Type IV Cobrahead - AR13-10M2-MV-NW-4-BK-700-PCR7 QUALITE.COM 215 West Mechanic Street • Hillsdale, MI 49242 800-933-9741 Project: Twenty Nine Palms Sports Complex
Date: 2/1/2024
Location: California
QL#: 22278D1-3-SF8620
1 - Adder Option 1: Pole-In-Air Installation of GameChanger and Cobrahead Lighting and Lighting Poles at $316,900 (not included in this proposal)
• Installation of 22 poles and 137 related fixtures
• Removal of 22 existing wooden poles (to be left on site for owner disposal) • Foundation size to be determined
• Typical soil/no casing included
• Proposal includes offloading, assembly and installation of lighting equipment. • If geo-tech soil reports are not available from the owner, Qualite can offer these services at an additional cost. If geo-tech is not desirable, the owner will be required to execute a typical soil disclaimer. • Foundations priced into this proposal are based off of normal soils. No rock, debris, high water table or impassable materials are included in this cost. If rock or soil that requires casing or mudding is encountered, an additional $6,500 per pole will be charged.
If rocks are encountered, an additional $500 per foot will be charged. • All necessary labor, equipment, insurance and miscellaneous materials are included. • Labor is non-union and is based off Fair Labor Rates. • Price based on site access sunrise to sundown, 7 days a week, with no work stoppage. • Price based off one mobilization.
• Owner to provide adequate access to site.
• Due to size and weight of construction equipment, any damage to site due to construction is not included. This includes but is not limited to sod/grass, landscaping, irrigation, curbs, asphalt and concrete. • Site electrical, Conduit, distribution panels by others. • Pole wiring harness and pole disconnects are included and installed under this agreement. • No permits, license or utility costs are included.
1 - Adder Option 2: Electrical Installation per field quote includes all labor, equipment, new conduit, wire and minor material (not included in this proposal)
• Two Baseball Fields: $106,536
• Two Softball Fields: $82,963
• Soccer Field: $64,656
• All necessary labor, equipment, insurance and miscellaneous materials are included. • Labor is non-union and is based off Fair Labor Rates. • Price based on site access sunrise to sundown, 7 days a week, with no work stoppage. • Price based off one mobilization.
• Owner to provide adequate access to site.
• Due to size and weight of construction equipment, any damage to site due to construction is not included. This includes but is not limited to sod/grass, landscaping, irrigation, curbs, asphalt and concrete. • Pole wiring harness and pole disconnects are included and installed under this agreement. • No permits, license or utility costs are included.
• Site electrical and conduit are included. Power Service Point is assumed to be within 150 feet of the field. • Power is assumed to be 480v, 3P, 4W.
• Pole wiring harness and pole disconnects are included and installed under this agreement. • Concrete cutting is not included in the cost.
QUALITE.COM 215 West Mechanic Street • Hillsdale, MI 49242 800-933-9741 Project: Twenty Nine Palms Sports Complex
Date: 2/1/2024
Location: California
QL#: 22278D1-3-SF8620
Controls/Warranty/Shortages/Freight Damage/Replacement Parts • Controls: If the invoice is not paid in full in 30 days, the controls will be deactivated and there will be a $1,900 reactivation fee. • Warranty: Outstanding invoices, in excess of 90 days, shall temporarily void all warranties until invoice is paid in full unless other terms are agreed upon by all parties. Damage or misalignment caused by vandalism, abuse, adverse weather conditions, twisting or improper installation of poles will not be warrantied.
• Shortages/Freight Damage: In the event there is a piece shortage or damage at the time of delivery, the Bill of Lading or Freight Receipt must be signed short/damaged or Qualite Sports Lighting, LLC cannot guarantee that parts can be replaced on a no-charge basis. Any hidden shortages will be handled directly from Qualite Sports Lighting, LLC. Hidden shortages must be reported within 10 days, in written form, after receipt of shipment.
Replacement parts will be shipped by common carrier only. Expedited delivery is the responsibility of the customer. Qualite Sports Lighting, LLC cannot be responsible for back-charges due to damages, delays, construction schedules, shortages or expedited delivery service. • Replacement Parts: Any damaged or shortage parts will be replaced directly from Qualite Sports Lighting, LLC. Back-charges for locally-purchased replacement parts will not be honored without prior Qualite Sports Lighting, LLC written authorization.
Cooperative Purchasing
• COSTARS: The Commonwealth of Pennsylvania's Cooperative Purchasing Program. www.costars.state.pa.us. Contract: COSTARS-14-216. • TIPS: The Interlocal Purchasing System. www.tips-usa.com. Contracts: Trades, Labor and Materials (JOC), 170201; Lighting Systems, Parts and Installations, 18060201; and Lighting Systems, Parts and Installations (JOC), 18060202.
Design Disclaimer
• This information is confidential and proprietary to Qualite Sports Lighting, LLC and is not to be revealed or distributed to others without the permission of Qualite Sports Lighting, LLC or used in any manner detrimental to the interest of Qualite Sports Lighting, LLC. • Guaranteed for the rated life of the lamp within +/- 10% of the light level indicated. Based on the proper installation, voltage +/- 3%, pole placement and mounting height within 3 feet of specified location and height. Poles to comply with current AASTHO Standards. • Individual points may vary from predictions. Uniformities guaranteed to meet the IESNA's recommendation (unless shown higher due to design criteria).
Quote and Payment Terms/Delivery of Products
This quote is valid for 30 days.
The price of concrete poles is also good for 90 days, however the price of steel poles is good for 30 days because of changing steel and tariff charges.
Fifty percent (50%) of the purchase price will be required at the time of order placement. Forty percent of the contract balance is due before shipment and the balance is due 30 days from date of the invoice. A late payment fee of 1.5% per month or 18% annual interest will be charged on accounts 30 days or more past due.
All invoices are due within payment terms, regardless of construction schedules or other delays, unless prior arrangements have been made in writing. For orders outside the United States of America, payment terms are fifty percent (50%) down in U.S. dollars via wire transfer and balance is to be paid in full prior to shipping.
Any order under $10,000 must be paid in full prior to shipment of products.
Delivery of Qualite Sports Lighting products should be expected eight (8) to ten (10) weeks from signed submittal release unless prior arrangements have been made.
QUALITE.COM 215 West Mechanic Street • Hillsdale, MI 49242 800-933-9741 Project: Twenty Nine Palms Sports Complex
Date: 2/1/2024
Location: California
QL#: 22278D1-3-SF8620