Agenda — Twentynine Palms City Council, February 13, 2024 (part 1 of 2)

NOTICE IS HEREBY GIVEN, that the City Council will hold a WORKSHOP on Tuesday, February 13, 2024 at 5:30 p.m. in the City Hall Council Chambers, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

Community Development Block Grant (CDBG) Presentations for 2024-2025

1. Presentation from Non-Profit Organizations for Funding.

RECOMMENDATION: The City Council receive funding requests from Non-Profit organizations.

Presentation from Non-Profit Organizations for Funding. - Pdf

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Tuesday, February 13, 2024
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, February 13, 2024 at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Rev. Casey Orndorff.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

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

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation to Feathers N Fur for their Participation in the Cash for Trash and Recycling Program.

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2. Proclamation Recognizing February 2024 as American Heart Month Proclamation Recognizing February 2024 as American Heart Month - Pdf 69 - 70

3. Proclamation Recognizing February 2024 as Black History Month.

Proclamation Recognizing February 2024 as Black History Month. - Pdf 71 - 72

4. Presentation by the Public Arts Advisory Committee (PAAC).

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

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

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

6. Approval of Minutes of the City Council Meeting Held on January 23, 2024 and January 30, 2024.

City Council - Regular Meeting - 23 Jan 2024 - Minutes - Pdf City Council - Special Meeting with Closed Session - 30 Jan 2024 - Minutes - Pdf 73 - 77

7. Approval of Warrant Register Totaling $1,825,972.29.

Approval of Warrant Register Totaling $1,825,972.29. - Pdf 79 - 83

8. Material Acquisition for Road Overlay from Blue Diamond Materials.

RECOMMENDATION: The City Council approve the purchase of materials for road overlay from Blue Diamond Materials for the purpose of overlaying roads throughout the City in the amount not to exceed $935,680, plus 10% contingency.

Material Acquisition for Road Overlay from Blue Diamond Materials. - Pdf 85 - 89

9. Treasurer's Report - FY 2023-24 Quarter 2.

RECOMMENDATION: The City Council receive and approve the Treasurer's Report for the 2nd Quarter of Fiscal Year 2023-24.

Treasurer's Report - FY 2023-24 Quarter 2. - Pdf
91 - 93

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING

10. Development Code Amendment - Article 3 Administration, Permits and Procedures.

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

Development Code Amendment - Article 3 Administration, Permits and Procedures. - Pdf 95 - 193

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DISCUSSION AND POTENTIAL ACTION ITEMS

11. 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.

Designation of a Delegate and Alternate Delegate for the Southern California Association of Governments (SCAG) Annual Regional Conference and General Assembly. - Pdf 195 - 196

12. 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.

Luckie Park BallField Light Pole Replacement and Upgrade. - Pdf 197 - 203

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal/Military Banners throughout the City.

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

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

CITY MANAGER UPDATE

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

This notice of agenda is hereby certified to have been posted on or before 6:00 p.m., February 8, 2024.

Cindy Villescas CMC, City Clerk Time/Date

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STAFF REPORT
TO: City Council
FROM: Recreation Division Manager
FOR MEETING: Feb 13 2024
SUBJECT: Presentation from Non-Profit Organizations for Funding.

RECOMMENDATION:

The City Council receive funding requests from Non-Profit organizations.

ORDER OF PROCEDURE:

N/A ATTACHMENTS:
• TWEN24PS-006 Basketball
Court Rehab - Morongo Basin
Unity Home
• TWEN24PS-007 Senior
Support Services - Reach Out
Morongo Basin
• TWEN24PS-018 Community
Food Pantry & Outreach
Ministries
• TWEN24PS-026 Twentynine
Palms Branch Library
• Twentynine Palms 2024-25
Eligible Projects-1.xlsx
BACKGROUND:

The non-profit organizations providing presentations have submitted funding applications through the CDBG program. This process ensures that all organizations are in good standing with the state and federal agencies and are eligible to receive funding. All agencies have been deemed eligible and in good standing by the San Bernardino County Community Development and Housing Department.

The city chooses to fund the requests for CDBG funding through use of general fund dollars.

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Each year, the city invites the agencies to present information regarding their funding requests followed by questions from the council. Each presenter will be allotted three (3) minutes. Presentations will be provided by Reach Out Morongo Basin, Twentynine Palms Community Food Pantry, Morongo Basin Unity Home and the Twentynine Palms Public Library Adult Literacy program.

ENVIRONMENTAL:

None
ALTERNATIVES:

None
FISCAL IMPACT:

The City budgets general fund dollars each fiscal year towards contributions to non-profit agencies/organizations.

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Public Services Program Application Fiscal Year –
San Bernardino County
Fiscal Year -
PublicServices ProgramApplication
The following documents must be submitted in the order listed, please be sure to submit all attachments with your application.

Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances
Application Checklist
_______________
Log Number
(Office Use Only)
1 ✔
2024 ✔
✔
2025 ✔
✔
✔
2025 ✔
2024 TWEN24PS-006 ✔
✔

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Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:

Organization Address:

City/State/Zip:

Phone:

Fax:

Email:

Applicant Type:

Authorized Person Name:

Authorized Person’s Title:

Address:

City/State/Zip:

Phone:

Fax:

Email:

Application Contact Person’s Name:

Application Contact Person’s Title:

Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 2 Susanna Maria Barnett 2024 Executive Director 7237 Joshua Ln [email protected] 760-366-2643 2025 7237 Joshua LnYucca Valley / CA / 92284 [email protected] Morongo Basin Unity Home Inc. "To provide a safe haven for victims of domestic Violence. To educate and assist them through counseling, legal advocacy, and building their self esteem as to allow them to live their life free from the fear of abuse." Morongo Basin Unity Home purpose is to assist victims of domestic violence and their children. Escaping their abusive situation and provide them with the tools necessary to lead productive lives from Domestic violence. Since 1982, Morongo Basin Unity Home has provided services to victims of domestic violence nation wide with an emphasis in California, and focus in San Bernardino County. Unity Home provides 24 hour domestic Violence service. Including a 30 day emergency shelter and transitional housing. Unit Home provides outreach services such as counseling, individual and care group, clothing, restraining orders, housing referrals, Immigration Services.

Yucca Valley / CA / 92284 Morongo Basin Unity Home, Inc Susanna Barnett 17603669663 Executive Director 17603669663

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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:

Project Address:

County Supervisorial District where project will be located:
1 st District 2nd District 3
rd District 4th District 5th District
If you are requesting funds for an existing CDBG project, provide prior CDBG project number.

Will this project provide an opportunity to hire minority-owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project. 3 If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project? Yes
The Executive director and the project manager will be working together, obtain 3 different bids by different contactors to evaluate the price of the construction project, and give priority to minority-women owned businesses.
2024 X
Confidential Emergency DV Shelter Basket Ball Court
NA
2025

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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Create, Maintain and Grow Jobs and
Economic Value in the County.

Improve County Government Operations.

Operate in a Fiscally-Responsible and
Business-Like Manner.

Ensure Development of a Well-Planned,
Balanced, and Sustainable County.

Maintain Public Safety.

Provide for the Health and Social Services
Needs of County Residents.

Pursue County Goals and Objectives by
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:
4 2024 Yes Yes Yes Yes 2025 Yes No
The executing of the proposed program will implement the county wide vision in the following ways: this project will create jobs within the community for local contractors and for individuals thereby growing this years inflation, and increase the value within the community. It will assist MBUH providing a safer playground area for children /teens staying in the Emergency shelter, as they are able to play safely an continue to develop a sustainable and safe community by providing with a more secure playground.

Yes Yes

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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service
Needs:

Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped
Services
Low and Moderate
Households
Youth Services Abused Children
Child Care
Services
Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse
Services
Homeless Persons
Employment
Training
Migrant Farm Workers
Health Services Elderly People
Lead Hazard
Screening
Crime
Awareness
5 City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
Yes Yes2024 Yes Yes Yes Yes Yes Yes Yes 2025 Yes Yes Yes The target area will consist of Morongo Valley, Landers, Yucca Valley, 29 Palms, Joshua Tree, Wonder Valley, Johnson Valley, the whole Morongo Basin.

Yes Yes Yes Yes Yes Yes

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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population (continued) Describe the geographic boundaries of the neighborhood, community or area in which clients of the proposed program reside (attach a map if needed):

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Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.

Explain why this project is needed and what evidence can you substantiate the need.

Describe what gaps of service in the county this project fills.

Domestic Violence statistic brings us the following facts:10 million children witness some form of Domestic Violence annually, the cost of intimate partner and domestic violence in the US exceed 8.3 billion Dollars, 5.8 Billons are for direct medical and health care. While productivity losses accounts for nearly 2.5 billion.

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Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
8 $0.00 2024 $12,000.00 $0.00 $0.00 $0.00 $0.00 2025 $12,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $12,000.00 $0.00 $0.00

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Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

City Amount Requested ($):
(This amount should match the grand
total requested from CDBG Share)
9 Leveraging items may include any written commitments that will be used towards your cash match requirements in the project, as well as any written commitments for building, equipment, materials, services and volunteer time.

Source of
Funding:

Type of Funding: (Grant Name,
EFSP Money)
Amount ($): Date
Available:
(11/22/2016)
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other:

Total Leveraging Funds
2024 $0.00 0
$5,000.00 0
$0.00 0
0 2025 Twentyni $0.00 $12,000.00 08/01/2024 $0.00 Cal OES $5,000.00

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Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:

Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):

Complete the chart below with the number of Duplicated and Unduplicated Clients to be served.
• In column 1 identify activities that will be completed (e.g. intervention, counseling, and case management).
• In column 2 indicate the number of Unduplicated Clients to be served. • In column 3 identify the number of Duplicated Clients to be served.

Activities to be Completed (1) Unduplicated
Clients to be
Served (2)
Duplicated Clients
projected to be
served (3)
Performance and Outcomes, answer the following narrative questions using minimum funds request.

Indicate a timeline of services provided to client(s) in order to meet project outcome(s).

Describe how your agency determines client(s) success.

Describe your methodology to evaluate project outcomes. 10 2024 3274 798 1221 8331 Hotlines
It will keep the children safe while playing basketball, since the current court is cracked and uneven.
6116 Shelter Bed Nights 9812 2025 Crisis Counseling hours Client success is based on their ability to stay safe and move forward in their lives with a new understanding of domestic violence and the cycle of violence, its effect on the children, how to break the cycle.

Morongo Basin Unity Home has been operating and proving service to the Morongo Basin since 1982, and our service are provided to the community through our 24/7 crisis hotline and through the shelter. Page 16 of 203
Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, – June 30, ). For example, project expenditures and performance/ accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th.

Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):

Total Reimbursement:
($)
11 2024 2024 2025 2025 08/01/2024 $12,000.00 $12,000.00

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Public Services Program Application Fiscal Year –
Exhibit 6: Agency Capacity Narrative
(Non-Profit Organizations Only)
Describe the roles of key administrators, staff members, and volunteers within your agency that will implement the proposed project. In your description include experience, education, and licensing qualifications.

Describe your agency’s experience in administering government and/or public funds.

Describe your method to sustain project viability over the multi-year process if funding decreases.

Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.

Question:

Example: Have you received federal funds in the past
five years? Yes
In the past ten years, has your organization ever had its nonprofit status revoked or withheld by the IRS, the
Secretary of State, the State Attorney General, or the
Franchise Tax Board?
Has your organization been sued in the last five years? Are any of your managers or staff with fiscal
responsibilities involved in litigation presently that has any bearing on fiduciary trust or employee relations?
Have any unfavorable rulings been handed down by any
court against your organization or Executive Director the last five years?
Does your organization currently have any unresolved
fiscal, reporting, or program issues with any of its funding sources?

YES/ NO
12 2024
78 % of Morongo Basin Unity Home Inc. funding comes from Federal, State and County/City Government Agencies for the last 36 years.

No No
If there is a decrease in funding for this project, Unity Home will seek private donors and or fundraising event to make up the difference to complete the project.

No 2025 No No
The current project director has been employed with Morongo Basin Unity Home for over 26 years and has been the Executive Director for 8. Page 18 of 203 Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Has your organization been a past recipient of assistance under a HUD McKinney Act program or the HUD Single Family Property Disposition Homeless Program? If you have been a recipient under either of these programs, has your agency experienced any project or construction delay, HUD finding or outstanding audit that HUD deems serious regarding the administration of HUD McKinney Act programs or the HUD Single Family Property Disposition Homeless Program?
If you answered “Yes”, please explain the circumstances and outcome below.

Applicants must be in compliance with applicable civil rights laws and Executive Orders. Applications will be rejected if your agency has any of the following: (1) Any pending civil rights lawsuit instituted by the U.S. Department of Justice; (2) Any noncompliance with civil rights statutes, Executive Orders or regulations as a result of formal administrative proceedings, unless the applicant is operating under a HUD-approved compliance agreement designed to correct the area of noncompliance or is currently negotiating such an agreement; (3) Any unresolved Secretarial charge of discrimination issues under Section 810(g) of the Fair Housing Act, as implemented by 24 CFR 103:400; (4) Any adjudication of a civil rights violation in a civil action brought against the Organization by a private individual, unless the applicant is operating in compliance with a court order designed to correct the area of noncompliance or the applicant has discharged any responsibility arising from such litigation; (5) Any deferral of the processing of applications from the sponsor imposed by HUD under Title VI of the Civil Rights Act of 1964, the Attorney General’s Guidelines (28 CFR 50.3) or the HUD Title VI regulations (24 CFR 1.8) and procedures, or under Section 504 of the Rehabilitation Act of 1973 and HUD Section 504 regulations (24 CFR 8.57). If one or more of these situations exists with your Organization, please attach a brief description.
13 2024 2025 No No

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E-Signature Authorization
San Bernardino County
Community Development and Housing Departmemt
Community Development Block Grant
- Application
In order to comply with all applicable federal grant regulations, a hard-copy of this E-Signature Authorization containing an original wet signature must be filed with the San Bernardino County Community Development and Housing (CDH) in order for the applicant to electronically sign the Community Development Block Grant (CDBG) application documents online. This authorization may only be completed by a registered owner, partner, executive officer, or authorized employee (with proof of authorization) of the applicant submitting this form and must contain an original signature to be submitted to the CDH.

Authorization Agreement
I am an owner, partner, executive officer, or duly authorized employee of the below-listed applicant and have authority to enter into agreements on behalf of the below-listed applicant. CDH may rely on the receipt of such agreements executed and delivered by facsimile or other electronic means as if the original had been received. The undersigned agrees that the electronic signatures appearing on documents submitted from the below-listed applicant are the same as handwritten signatures for the purposes of validity, enforceability and admissibility. By signing this Electronic Signature Authorization Agreement, I authorize the CDH to accept, via electronic submission, documents submitted from the below-listed applicant as required by the CDH's CDBG - Funding Application.

I understand that CDH may change the CDBG application system from time to time. I agree that the below-listed applicant will electronically sign all documents requiring a signature related to the CDBG funding application.

My signature on this form certifies that:

I agree that entering my name in the CDBG funding application system constitutes my electronic signature. I understand that any information and documents submitted using my name is electronically certifying my signature. I understand that I am legally bound, obligated, and responsible by use of my electronic signature as much as I would be by my handwritten signature. I agree that I will protect my signature from unauthorized use, and that I will contact CDH immediately, upon discovery that my electronic signature has been compromised. I certify that my electronic signature is for my own use, and that I will not delegate it or share it with any individual.

This request is effective immediately upon receipt by the CDH and will remain in effect until the end of the - CDBG funding cycle or I choose to cancel this request via written notification to the CDH. I understand that it is my responsibility to update and/or cancel this request under all circumstances, including my departure or terminated association with the below-listed applicant.

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Non-discrimination
This organization will, through all possible means, ensure equal opportunity for all persons to receive services, to participate in the volunteer structure, and to be employed regardless of age, handicap, national background, race, religion, or sex. An existing sectarian nature of the agency shall not suffer impairment under this agreement, but participation in religious observances, rituals or services will not be required as a condition of receiving food, services, or shelter paid for by this grant.

Accountability
We commit this organization, if a grant is received, to provide all reports to the County as required; to expend monies only on eligible costs; to keep complete documentation (copies of all canceled checks, invoices, receipts, etc.) on all expenditures for a minimum of three years; to spend all funds and close out the program on the required date; to return any unused funds to the County to cooperate with monitoring or site visits, and; to provide complete documentation of expenses to the County, if requested, by the required date.

We affirm that all information in this application is true and correct to the best of our knowledge and that the applicant under our authority will execute its responsibility under the proposed contract and adhere to all other applicable rules and regulations to the fullest extent possible.

Non-collusion
This proposal is genuine, and not sham or collusive, nor made in the interest or in behalf of any person not herein named; the proposer has not directly induced or solicited any other proposer to put in a sham proposal, or any other person, firm or corporation to refrain from submitting a proposal; the proposer has not in any manner sought by collusion to secure for him/herself an advantage over any other proposer.

Applicant Information
Agency Name: Federal Tax ID No.:

Mailing Address: Phone No.:

Email Address: Fax No:

Authorized Signature
Print Name: Print Title:

Signature: Date:

Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14 2024 2024 2024 Executive Director Executive Director 2025 2025 2025 (760) 366-2643 (760) 366-2643 11/30/2023 (760) 366-9663 (760) 366-9663 Susanna Barnett Executive Director Morongo Basin Unity Home Inc. PO Box 966 Yucca Valley Ca 92286 33-0126790 [email protected] Susanna Barnett

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Public Services Program Application Fiscal Year –
CDBG Application Checklist
(Non-Profit Organizations Only)
Community-based organizations are required to include one copy of the items listed below. If you are not submitting these items at this time, please notify Community Development and Housing at (909) 501-0600 to make other arrangements. The following information is required before any contract or reimbursement can be completed.
o Summary of agency’s current year General Operating Budget o List of agency’s Board of Directors, including names and addresses o Proof of existing non-profit/tax-exempt status (Letters from the Federal Internal Revenue Service and State Franchise Tax Board) o Current certificate of insurance and amounts covered
o Organizational chart
o Minutes of last Board meeting
o Non- Profit agencies must be Registered in the System of Award Management (SAM) website.

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 15 2024 2025

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Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:

Organization Address:

City/State/Zip:

Phone:

Fax:

Email:

Applicant Type:

Authorized Person Name:

Authorized Person’s Title:

Address:

City/State/Zip:

Phone:

Fax:

Email:

Application Contact Person’s Name:

Application Contact Person’s Title:

Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 2 Robin Schlosser 2024 Executive Director PO Box 2225 [email protected] Public Service 2025 PO Box 2225Twentynine Palms / CA / 92277 [email protected] 1) Network with existing social services and congregations to provide additional support, assistance, education and referral services to those with needs in the Morongo Basin. 2) Fill gaps in services of traditional providers without duplicating services. 3) Low income, senior and disabled residents of Morongo Basin. 4) Established in 1998 services have been provided for 25 years. 5)a)Family Caregiver Support - Title IIIE -DAAS 7/1/23-6/30/24; 5)b)Senior Support Services-Title IIIB-DAAS 7/1/23-6/30/24; 5)c) Transportation services -Caltrans FTA 5310, DAAS, Morongo Basin Transit Authority, City of 29 Palms7/1/23-6/30/24; SCAN Healthplan Emergency Assistance Program 7/1/23-6/30/24
Twentynine Palms / CA / 92277 Reach Out Morongo BasinRobin Schlosser 7603611410 Executive Director 7603611410

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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:

Project Address:

Will this project provide an opportunity to hire minority-owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project. 3 If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project? No
The above project does not present opportunities to hire minority and women owned businesses as it is overseen and run by a 501c3 non profit organization that provides direct services. However, Reach Out Morongo Basin has women, minorities and minority women on its Board of Directors and its staff.
2024 X
6539 Adobe Rd, Twentynine Palms, CA. 92277 New Public Service Project Senior Support Services This is not an expansion of service.
2025

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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Create, Maintain and Grow Jobs and
Economic Value in the County.

Improve County Government Operations.

Operate in a Fiscally-Responsible and
Business-Like Manner.

Ensure Development of a Well-Planned,
Balanced, and Sustainable County.

Maintain Public Safety.

Provide for the Health and Social Services
Needs of County Residents.

Pursue County Goals and Objectives by
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:
4 2024 Yes Yes Yes Yes 2025 Yes Yes
The project proposed contributes to the Countywide Vision by aiding in community health and social services needs through collaborative with county/local government agencies as well as non-profit and community organizations to identify individuals with needs to provide no-cost services to low income, senior and disabled residents of Twentynine Palms. Reach Out MB identifies clients and meets their individual and specific needs over a large geographical area through collaborative efforts between community volunteers, active duty military volunteers and organization staff. The services provided allow our vulnerable and under-served community members to access health care, activities and social services programs through our transportation services and provide socialization and age appropriate activities for seniors and care recipients of family caregivers.

Yes Yes

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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service
Needs:

Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped
Services
Low and Moderate
Households
Youth Services Abused Children
Child Care
Services
Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse
Services
Homeless Persons
Employment
Training
Migrant Farm Workers
Health Services Elderly People
Lead Hazard
Screening
Crime
Awareness
5 City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
Yes No2024 No No No Yes Yes NoYes 2025 No Yes Yes
City of Twentynine Palms and sphere of influence
Yes NoYes Yes Yes No

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HUD Demographics: (Yes/No)
 Does this project help prevent homelessness?
 Does this project help the homeless?
 Does this project help those with HIV or AIDS?
 Does this project primarily help persons with disabilities? Summarize the description of your project to include 1) priority, 2) sub-activity, 3) population(s) to be served, and 4) accomplishment level, and 5) services to be provided. 6 2024
1)Promote health, safety and activity for low income senior and disabled residents of the City of Twentynine Palms through individualized transportation services and community activities.2) Schedule and promote senior centers programs and activities and provide transportation to area residents as needed 3)Low income, senior and disabled residents of the City of Twentynine Palms.4)In 2022, 853 unduplicated residents of the City of Twentynine Palms were assisted through its programs and services. In addition, Reach Out Morongo Basin hosts and average of 50-60 unduplicated seniors per day at the Senior Center .5)a) Provide safe and reliable no-cost transportation services to medical appointments locally and out of area, social service appointments, shopping and enrichment activities .b) Provide socialization and enrichment activities at the 29 Palms Senior Center – dances; physical activities –Tai Chi and yoga; music and art events and other age appropriate activities as wells as activities for care recipients utilizing out of home respite services 2025 Yes
City of Twentynine Palms and residents of the sphere of influence communities of Wonder Valley, Desert Heights and Indian Cove
Yes Yes No

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Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.

Explain why this project is needed and what evidence can you substantiate the need.

Describe what gaps of service in the county this project fills.

What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
7 The Twentynine Palms Senior Center is the only center in a 15 mile radius that has activities to promote peer socialization, physical activities and mental health and well being in a supportive atmosphere. With limited access to public transportation for extreme rural residents as well as the need for individualized access and non-emergency medical transportation services this program is needed to sustain the health, safety and a basic quality of life for low income, senior and disabled residents.
2024
Targeted towards low income, senior and disabled residents this project provides needed transportation services to fill in gaps in local public transportation. In addition, the project aids informal/unpaid family caregivers as well as encourages physical and mental health through socialization and activities at the senior center.
2025
With long term staff, continuous recruitment and training of volunteers, multiple organizational vehicles and multiple funding streams for proposed projects the critical factors for continued success have been addressed. Staff and volunteers are cross trained to cover multiple duties to ensure no lapse in services and administration continually works to ensure funds are raised to cover any decrease in a particular funding stream.

As our senior population gradually begins to participate in social activities and venture out into the public after the covid pandemic we can see how social isolation affected them. Many have declined mentally and physically and the need for peer interactions and physical activities are critical to their health outcomes. This project would fulfill this need by providing funding for senior center activities and transportation.

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Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
8 2024 $4,000.00 $10,000.00 $5,000.00 $213,517.00 2025 $233,517.00 Misc - fees and goods $16,802.00 $21,915.00 $20,000.00 $169,800.00 $6,000.00

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Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

Source of
Funding:

Type of Funding: (Grant Name,
EFSP Money)
Amount ($): Date
Available:
(11/22/2016)
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other:

Total Leveraging Funds
07/01/2023 2024 $20,000.00 DAAS 07/01/2023 $213,517.00 Caltrans 5310 $67,044.00 Private Donations and Fundraising Basin Transit 2025 Twentyni 01/01/2023 $10,000.00 $20,000.00 $116,473.00 07/01/2023

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Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:

Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):

Indicate a timeline of services provided to client(s) in order to meet project outcome(s).

Describe how your agency determines client(s) success.

Describe your methodology to evaluate project outcomes. 10 2024 630 325 2500 5600 Senior Center Activities
Outcomes tracked with trip logs and data and with client surveys and sign in sheets.

Transportation 2025
Success measured by trip counts, participation in senior center activities and through surveys provided to clients to evaluate program successes or needs.

Transport is pre-scheduled with door to door service. Senior Center Activities - dances, art classes etc would be scheduled several times a month. Out home respite services at center provided twice weekly Page 31 of 203
Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, – June 30, ). For example, project expenditures and performance/ accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th.

Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):

Total Reimbursement:
($)
11 $1,818.00 03/01/2025 04/01/2025 2024 2024 $1,818.00 $1,818.00 $1,818.00 09/01/2024 12/01/2024 05/01/2025 02/01/2025 $1,818.00 06/01/2025 $1,820.00 01/01/2025 2025 2025 $1,818.00 $1,818.00 $1,818.00 08/01/2024 $1,818.00 Expenditures and performance/accomplishment of goals would reach 30% by 10/30/24; 50% by 12/31/24; 80% by 3/31/25; 100% by 6/30/25
11/01/2024 $1,818.00 10/01/2024 $20,000.00

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Describe your agency’s experience in administering government and/or public funds.

Describe your method to sustain project viability over the multi-year process if funding decreases.

Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.

Question:

YES/ NO
12 2024
ROMB has administered Federal/County/Foundation grants for 23+ years. No findings or discrepancies during annual reviews for last 12 years.

No No
Multiple funding streams of grants/grassroots fundraising have been sustained for many years.

Research/application to new funders and community fund raising efforts ensures long term success and viability.

No 2025 No No
Exec. Director Robin Schlosser has 19 yrs experience administering grant funding, programs and services. Page 33 of 203
Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Page 34 of 203 ends

My signature on this form certifies that:

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Applicant Information
Agency Name: Federal Tax ID No.:

Mailing Address: Phone No.:

Email Address: Fax No:

Authorized Signature
Print Name: Print Title:

Signature: Date:

Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14 2024 2024 2024 Executive Director Executive Director 2025 2025 2025 11/28/2023 (760) 361-1410 (760) 361-1410 Robin Schlosser - Executive Director Reach Out Morongo Basin PO Box 2225, Twentynine Palms, Ca. 92277 91-1934417 [email protected] Robin Schlosser

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Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 15 2024 2025

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Exhibit 1: Organization Information
Exhibit 2: Project Information
Exhibit 3: Community Needs and Target Population
Exhibit 4: Project Budget & Sources
Exhibit 5: Performance & Outcomes
Exhibit 6: Agency Capacity Narrative
Exhibit 7: Civil Rights Laws Compliance and HUD Good Standing Exhibit 8: Signature and Assurances
Application Checklist
_______________
Log Number
(Office Use Only)
1 ✔
✔
2025 2024 ✔
✔
✔
TWEN24PS-018 ✔
✔
✔
2024 2025 ✔

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Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:

Organization Address:

City/State/Zip:

Phone:

Fax:

Email:

Applicant Type:

Authorized Person Name:

Authorized Person’s Title:

Address:

City/State/Zip:

Phone:

Fax:

Email:

Application Contact Person’s Name:

Application Contact Person’s Title:

Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 2 The 29 Palms Community Food Pantry & Outreach Ministries, Inc. 70686 Cottonwood Drive 2025 President The 29 Palms Community Food Pantry & Outreach Ministries, Inc.was established as a nonprofit in 2004 to provide emergency food assistance to the residents of Twentynine Palms, Wonder Valley and the Marine Corps Base 29 Palms. Supported through Grants, donations, food drives and fundraisers, the Pantry offers multiple opportunities for food assistance monthly. Patrons can visit the Pantry 1 time per month, and receive approximately 50 pounds of fresh & non-perishable food items. Additionally, Patrons can participate in the Pantry sponsored USDA food distribution monthly and Senior Patrons can also participate in a Senior distribution provided through a partnership between the Pantry, FIND Food Bank and ReachOut Morongo Basin. There is no time limit to services but Patrons are asked to prove residency in the communities we serve or declare that they are unsheltered. Information is reviewed annually. The Pantry has no paid employees
760-361-3663 President Lori Jo Cosgriff PO Box 782 (6450 Stardune Ave.) Twentynine Palms / California / 92277 Public Service 2024 [email protected] 760-900-1169 Lori Jo Cosgriff Twentynine Palms / California / 92277

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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:

Project Address:

Will this project provide an opportunity to hire minority-owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project. 3 If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project? New Public Service Project 2025 No6450 Stardune Ave. Twentynine Palms, CA 92277 The 29 Palms Community Food Pantry & Outreach Ministries, Inc. 2024 X

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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Create, Maintain and Grow Jobs and
Economic Value in the County.

Improve County Government Operations.

Operate in a Fiscally-Responsible and
Business-Like Manner.

Ensure Development of a Well-Planned,
Balanced, and Sustainable County.

Maintain Public Safety.

Provide for the Health and Social Services
Needs of County Residents.

Pursue County Goals and Objectives by
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:
4 Yes 2025 No NoYes Yes
The 29 Palms Community Food Pantry & Outreach Ministries, Inc. provides a high quality of services to all of its diverse patrons, seeking to improve their quality of life in an effective and supportive manner, without reservation or judgement. Our all volunteer organization recognizes the contributions that are made from all sectors of the local population and works to seek solutions to the unique problems posed by our geographical and economic position in the county.

No 2024 Yes Yes

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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service
Needs:

Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped
Services
Low and Moderate
Households
Youth Services Abused Children
Child Care
Services
Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse
Services
Homeless Persons
Employment
Training
Migrant Farm Workers
Health Services Elderly People
Lead Hazard
Screening
Crime
Awareness
5 City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
The 29 Palms Community Food Pantry & Outreach Ministries, Inc. serves the Residents of Twentynine Palms, Wonder Valley and the Marine Corps Air Ground Combat Center Twentynine Palms who are in need of Emergency Food Assistance. 2025 Yes No NoNo Yes No Yes Yes No Yes Yes2024 Yes Yes Yes No No Yes Yes

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HUD Demographics: (Yes/No)
 Does this project help prevent homelessness?
 Does this project help the homeless?
 Does this project help those with HIV or AIDS?
 Does this project primarily help persons with disabilities? Summarize the description of your project to include 1) priority, 2) sub-activity, 3) population(s) to be served, and 4) accomplishment level, and 5) services to be provided. 6 2025 No
The 29 Palms Community Food Pantry serves the Residents of Twentynine Palms, Wonder Valley and the Marine Corps Air Ground Combat Center Twentynine Palms, located at the eastern edge of the Morongo Basin in the Southern Desert Region of the County of San Bernardino County. Yes No 2024 Yes
The 29 Palms Community Food Pantry & Outreach Ministries serves the Residents of Twentynine Palms, Wonder Valley and the Marine Corps Air Ground Combat Center Twentynine Palms who are in need of Emergency Food Assistance. Patrons who access the Pantry for services are treated with dignity and respect and the pantry volunteers are trained to provide information about other resources in our community ranging from health care to transportation as well as our monthly USDA and Senior distribution dates . The Pantry distributes the same basic staple items monthly with additional items added during the holiday seasons. The basic items distributed by the Pantry monthly, will feed a family of 5, 7 full meals with items left over to supplement other meals. Patrons participating in our partnership distributions are able to increase the number of subsidized meals.

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Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.

Explain why this project is needed and what evidence can you substantiate the need.

Describe what gaps of service in the county this project fills.

We work to be good stewards of our funds.
2024 2025
The 29 Palms Community Food Pantry is able to provide emergency food assistance to the residents of Twentynine Palms, Wonder Valley and the Marine Corps Air Ground Combat Center who request services without reservation. We are open Monday, Wednesday & Friday mornings 9:30 AM - 11:30 AM, the 1st Saturday of every month 9:30 AM - 11:30 AM, and the 2nd & 4th Wednesday evenings 5 - 6:30 PM, assuring that everyone has access.

The 29 Palms Community Food Pantry & Outreach Ministries, Inc. has been providing emergency food assistance to the food insecure in our community since 2004. We have in the past year experienced a consistent rise in the number of client/families we are serving and have documented an increase in the number of times individual client/families are using our services annually.

The Morongo Basin is geographically isolated from the rest of San Bernardino County with 29 Palms, Wonder Valley and the Marine Base located at the eastern edge of the Basin.

Unemployment in our area continues to be high and although there are numerous other agencies currently distributing food in our area, we remain the primary consistant resource for a segment of our population who lack money, transportation and access to free or low cost food resources.

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Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
8 2025 $30,000.00 $30,000.00 $2,300.00 $200.00 $30,000.00 $2,500.00 2024$300.00 $0.00 $68,000.00 $38,000.00 $2,700.00 $0.00

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Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

Source of
Funding:

Type of Funding: (Grant Name,
EFSP Money)
Amount ($): Date
Available:
(11/22/2016)
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other:

Total Leveraging Funds
$30,000.00 2025 07/01/2024 07/01/2024 $30,000.00 $25,000.00 2024 Twentyni $5,000.00 Fundraising/Local Grants/Food Donated/volunteer time Private Donations

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Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:

Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):

Indicate a timeline of services provided to client(s) in order to meet project outcome(s).

Describe how your agency determines client(s) success.

Describe your methodology to evaluate project outcomes. 10 2025 Emergency Food Services
Clients/famlies use the Pantry for services and average od 5 times per year. Services numbers are charted from January to December. Client records are maintained at the point of service. Our service statistics are gathered and maintained monthly.
572 2860 2024
The 29 Palms Community Food Pantry provides emergency food services to all residences who request assistance. Page 46 of 203
Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, – June 30, ). For example, project expenditures and performance/ accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th.

Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):

Total Reimbursement:
($)
11 2025 2025 $2,500.00 12/01/2024 $2,500.00
The 29 Palms Community Food Pantry will continue to provide emergency food services from it's current location, maintaining the currently posted hours and days of operation. This pattern of service will maintain a constant flow of food to our client/families and a steady monthly expenditure for that food.
$2,500.00 05/01/2025 02/01/2025 $2,500.00 06/01/2025 $2,500.00 2024 2024 $2,500.00 $2,500.00 $2,500.00 03/01/2025 $2,500.00 09/01/2024 11/01/2024 01/01/2025 $30,000.00 07/01/2024 10/01/2024 $2,500.00 $2,500.00 $2,500.00 04/01/2025 08/01/2024

Page 47 of 203 ends

Describe your agency’s experience in administering government and/or public funds.

Describe your method to sustain project viability over the multi-year process if funding decreases.

Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.

Question:

YES/ NO
12 No 2025 No
The 29 Palms Community Food Pantry will continue to raise funds through private and public sources, employing grant writing, various community events and the solicitation of private donations.

The 29 Palms Food Pantry board of directors represents a wide variety of community members and have volunteered an average of 5 years.
2024 No No No
The 29 Palms Food Pantry is managed by an elected Board of Directors, responsible for training, policy and the administration of funds. Page 48 of 203 Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Page 49 of 203 ends

My signature on this form certifies that:

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Applicant Information
Agency Name: Federal Tax ID No.:

Mailing Address: Phone No.:

Email Address: Fax No:

Authorized Signature
Print Name: Print Title:

Signature: Date:

Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14 2025 2025 2025 President 29 President 29 The 29 Palms Community Food Pantry & Outreach Ministries, Inc. 2024 2024 2024 Lori Jo Cosgriff 41-2137255 P.O. Box782. Twentynine Palms, CA. 92277 (760) 361-3663 (760) 361-3663 [email protected]

Page 50 of 203 ends

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 15 2024 2025

Page 51 of 203 ends

Page 52 of 203 ends

Public Services Program Application Fiscal Year –
Exhibit 1: Organization Information
Organization Name:

Organization Address:

City/State/Zip:

Phone:

Fax:

Email:

Applicant Type:

Authorized Person Name:

Authorized Person’s Title:

Address:

City/State/Zip:

Phone:

Fax:

Email:

Application Contact Person’s Name:

Application Contact Person’s Title:

Explain the Agency’s 1) Mission, 2) Purpose, 3) Population Served, 4) Number of years serving population, 5) Supportive Services, their Funding Sources, and Start/End Dates. 2 [email protected] San Bernardino County Library 268 W. Hospitality Lane 3rd Floor 2025 County Librarian The San Bernardino County Library System is a network of branch libraries that serve a diverse population over a vast geographic area. We strive to provide equal access to information, technology, programs, and services for all the people who call San Bernardino County home. Our Adult Literacy Program has been in place over 30 years, allowing us to help those struggling with illiteracy in our communities. This branch is currently funded exclusively by San Bernardino County Library but will still work towards expanding our goal to help literacy learners get one-on-one tutoring and meet their literacy goals. 909-387-2220 909-387-2288 Regional Manager Melanie Orosco 268 W. Hospitality Lane 3rd Floor San Bernardino / California / 92415 CBDG Funding 2024 [email protected] 909-387-2220 909-387-2288 Stephanie Ortiz San Bernardino / California / 92415

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Public Services Program Application Fiscal Year –
Exhibit 2: Project Information
Project Title:

Project Address:

Will this project provide an opportunity to hire minority-owned and women owned businesses? If YES, describe what actions will be completed to implement such subcontracting plans to monitor this component of the proposed project. If NO, discuss why and what actions are being taken to encourage minority-women businesses to apply for this project. 3 If this is an Expansion of Service to previously funded CDBG project, please explain how this is an expansion of service?. (i.e For 2015 we proposed 60 units of service, this year the agency is planning to serve 100 units of service)
Is this a New Public Service Project, or request to expand services to an existing CDBG project? Expansions of Service to an Existing Project 2025 No6078 Adobe Road, Twentynine Palms, CA 92277 San Bernardino County Twentynine Palms Branch Library We are expanding our services for the individuals who are in our Adult Literacy Program.

Moving forward we hope to continually increase the quality of materials and services that the Twentynine Palms Branch is able to provide. See attached document for more detailed explanation.
2024 X

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Public Services Program Application Fiscal Year –
EXHIBIT 2A: Countywide Vision
Indicate Yes/No in the table below if any of these countywide vision goals are pertinent to the proposed project.

Countywide Vision
Countywide Vision Yes/ No
Implement the Countywide Vision.

Create, Maintain and Grow Jobs and
Economic Value in the County.

Improve County Government Operations.

Operate in a Fiscally-Responsible and
Business-Like Manner.

Ensure Development of a Well-Planned,
Balanced, and Sustainable County.

Maintain Public Safety.

Provide for the Health and Social Services
Needs of County Residents.

Pursue County Goals and Objectives by
Working with Other Governmental
Agencies.

Provide a brief narrative of how your project meets the Countywide Vision:
4 Yes 2025 Yes NoYes No
By tutoring illiterate adults and providing them the tools to learn to read and write, we help them build self-confidence to accomplish many goals such as applying for jobs, being able to vote and much more. This results in them becoming more socially prepared to participate in all the County has to offer. Additionally, the Adult Literacy program supports the county’s Cradle to Career Road Map to achieve the Countywide vision. When we teach illiterate adults to read, we are not only helping them but are also helping their children, as parents who read are able to support the literacy support a child needs to succeed.

No 2024 No No

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Public Services Program Application Fiscal Year –
Exhibit 3: Community Needs and Target Population
Community Needs Target Population
Public Service
Needs:

Yes/No Proposed Community: Yes/No
Senior Services Low and Moderate Persons
Handicapped
Services
Low and Moderate
Households
Youth Services Abused Children
Child Care
Services
Handicapped Persons
Transportation
Services
Illiterate Persons
Substance Abuse
Services
Homeless Persons
Employment
Training
Migrant Farm Workers
Health Services Elderly People
Lead Hazard
Screening
Crime
Awareness
5 City/Target Area of Project Beneficiaries
Participating Cities: (i.e Redlands, Colton, Yucaipa)
Twentynine Palms
2025 No No NoNo No No No Yes No Yes No2024 No No Yes No No NoYes

Page 56 of 203 ends

Dedicated tutoring space and special Adult Literacy Program materials (leveled student readers, workbooks, dictionaries, GED Test Prep packets) are provided to participating learners at no charge. Learners are strongly encouraged to attend free Basic Computer Skills Classes taught in the library. Those with young children are encouraged to attend Early Learning and Preschool Storytime Activities to foster a love of reading and ensure school-age readiness. The Twentynine Palms Branch is dedicated in improving the literacy rates in the Twentynine Palms community.

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Public Services Program Application Fiscal Year –
Describe how this project meets the priority population and activities selected.

Explain why this project is needed and what evidence can you substantiate the need.

Describe what gaps of service in the county this project fills.

What are the critical factors for the success of your project (include both financial and human resources)? For instance, is this the only funding for this project? What happens if funding decreases? Does this project rely on only one source of leveraging? Is there adequate staff involved with the project if there is project turnover? Please address any factor that is critical to project success.
7 This program is funded primarily through the Library Department budget. Additional State and County funding helps the Library Department to expand the program and reach a larger audience than would be possible through internal funding alone. The Literacy Program is a multi-branch program, with branch staff interacting with learners and tutors while reporting is overseen by administrative staff. We have taken steps to ensure that any staff turnover will not impede the Literacy Program and that services would continue to be offered through the cross-training of staff.
2024 2025
The Adult Literacy Services Program assesses illiterate and presumed low-income adults and senior residents of Twentynine Palms, and provides those that qualify with programming, tutoring, and instruction to aid them in meeting their literacy goals.

Per recent U.S. National Assessment of Adult Literacy, one in seven adults have difficulty reading anything more challenging than a child’s picture book. It is estimated that at 3.4 million Californians fall at the “Below Basic” Literacy Level. In the County of San Bernardino alone, it is estimated that at least 500,000 adults cannot read at all. This service provides assistance to adults who fall into this category.

This program focuses on adult individuals who are illiterate or who have low literacy skills. The County Library Adult Literacy Program provides a no cost alternative for adults to gain these skills.

Page 58 of 203 ends

Public Services Program Application Fiscal Year –
Exhibit 4: Project Budget & Sources
Project Budget
SB County Share: ($) Other Source: ($)
Personnel
Equipment (Rental, Lease or Purchase)
Consultant Services
(Auditing, Accounting or Payroll)
Space Rent
Insurance
Consumable Supplies
Other
Total Costs
Total Project Budget Cost: (CDBG Share + Other Source)
8 2025 $10,000.00 2024 $0.00 $10,000.00 $0.00 $10,000.00

Page 59 of 203 ends

Public Services Program Application Fiscal Year –
Exhibit 4A: CDBG Funds Requested and Leveraging Information Indicate the amount being requested by the city.

Source of
Funding:

Type of Funding: (Grant Name,
EFSP Money)
Amount ($): Date
Available:
(11/22/2016)
Federal
Funding
State
Funding
County
Funding
Private
Funding
Other:

Total Leveraging Funds
$0.00 2025 $10,000.00 $0.00 2024 Twentyni $0.00 07/01/2024 08/01/2023

Page 60 of 203 ends

Public Services Program Application Fiscal Year –
Exhibit 5: Performance and Outcomes
Definitions:

Unduplicated Clients: The number clients/persons projected to be served during the program year (e.g. 25 clients, 50 seniors):

Duplicated Clients: The estimated yearly units of service (duplicated, e.g. 25 clients x 10 visits=250 units of service):

Indicate a timeline of services provided to client(s) in order to meet project outcome(s).

Describe how your agency determines client(s) success.

Describe your methodology to evaluate project outcomes. 10 2025 Literacy Tutoring
Learners are assessed by branch staff and matched with a tutor. They are scheduled for weekly tutoring sessions in order to meet individual goals set by the learner and plan new goals as the learner progresses.

We track the number of goals met in correlation to the number of goals set by the individual learners.
15 150 2024 0
Learners set individual goals that they want to meet and tutors help learners meet those goals.

Regular assessments of the learner’s progress are used to track improvement. Page 61 of 203 Public Services Program Application Fiscal Year –
Exhibit 5A: Proposed Goals & Milestones
Explain how the project will meet contract goals and milestones and be completed within 12 months (July 1, – June 30, ). For example, project expenditures and performance/ accomplishment goals of 40% by November 30th, 50% by December 31st, 80% by March 31st, and 100% by June 30th.

Fill-in the table below with dates for submission of reimbursement claims and the estimated amount of each.

Date of Reimbursement: Amount ($):

Total Reimbursement:
($)
11 2025 2025
As mandated by the California State Library Literacy Services (CLLS), individual adult learners are required to list one or more personal Literacy goals via the Roles & Goals Intake Form. 75% of total Twentynine Palms Adult Literacy Program learners are anticipated to achieve one or more of their person goals set during program year 23-24. We plan to meet 25% of our tutor/learner pairing goal each quarter; 25% by October 1st, 50% by January 1st, 75% by April 1st, and 100% by June 30th.
2024 2024 $2,500.00 $2,500.00 04/01/2025 $10,000.00 10/01/2024 06/30/2025 $2,500.00 $2,500.00 01/01/2025

Page 62 of 203 ends

Describe your agency’s experience in administering government and/or public funds.

Describe your method to sustain project viability over the multi-year process if funding decreases.

Instructions: Complete the table below by marking “YES” or “NO” to the questions listed below.

Question:

YES/ NO
12 No 2025 No
This is a multi-branch program with a network of branch and administrative staff and a portion of the overall library budget set aside to improve and continue this program. We have been funded for the Adult Literacy Program and administrating CDBG grants and funds since 1984.
2024 No No No
Regional Manager, Library Events Coordinator, Admin Librarian I, Branch Managers, Library Assistants, Volunteer Tutors. See Attachment for d Page 63 of 203 Public Services Program Application Fiscal Year –
EXHIBIT 7: Civil Rights Laws Compliance and HUD Good Standing Answer the following questions.

Page 64 of 203 ends

My signature on this form certifies that:

By signing the E- Signature Authorization Form we certify that this agency will also comply with the following:

Applicant Information
Agency Name: Federal Tax ID No.:

Mailing Address: Phone No.:

Email Address: Fax No:

Authorized Signature
Print Name: Print Title:

Signature: Date:

Please send the signed copy of this one page agreement to:

San Bernardino County Community Development and Housing Department 215 North D Street, Suite 302, San Bernardino, CA 94215-0043 Attn: CDBG Application
14 2025 2025 2025 Melanie Orosco County Librarian County Librarian County Librarian San Bernardino County Library 2024 2024 2024 Melanie Orosco 95-6002748 268 W. Hospitality Lane 3rd Floor (909) 387-2220 (909) 387-2220 [email protected] (909) 387-2288 (909) 387-2288

Page 65 of 203 ends

Agency cannot be funded if they have been debarred in the past. o Provide board minutes/letter that authorizes the executive director or program manager to run the project.

If your application is funded you will be required to provide a copy of your last audit and your Articles of Incorporation and Bylaws must be on file. 15 2024 2025

Page 66 of 203 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Yes TWEN23PS-060

Page 67 of 203 ends

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STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Feb 13 2024
SUBJECT: Proclamation Recognizing February 2024 as American Heart Month ATTACHMENTS:
• Proclamation Recognizing
February 2024 as American
Heart Month

Page 69 of 203 ends

CITY OF TWENTYNINE PALMS

PROCLAMATION

RECOGNIZING AMERICAN HEART MONTH
WHEREAS, heart disease is the leading cause of death in the United States, claiming over 700,000 lives annually. Throughout American Heart Month, we strive to heighten awareness surrounding the perils of heart disease, commemorate those we’ve lost, and emphasize the collective actions we can take to save countless lives while addressing the disproportionate impact on high-risk communities; and
WHEREAS, recent years have witnessed significant strides in understanding and treating heart disease through research and innovation. Advanced technologies enable faster and more effective diagnosis, prevention, and treatment. A clearer comprehension of risk factors, such as high blood pressure, bad cholesterol, smoking, obesity, and type 2 diabetes, has also emerged; and WHEREAS, despite notable progress, heart disease remains a poignant burden, particularly affecting Black and brown Americans, Native Americans, and Alaska Natives, and those in rural areas.

Cardiovascular diseases, encompassing heart conditions and strokes, rank among the leading causes of pregnancy-related deaths, with higher rates among women of color. Addressing these disparities gains urgency, considering individuals with heart conditions face elevated risks from COVID-19; and WHEREAS, promoting regular physical activity, adopting a healthy diet, managing stress, avoiding smoking and vaping, and ensuring quality sleep are key measures to reduce heart disease risk and enhance overall well-being. While seeking professional healthcare is crucial for symptoms for risk factors, daily commitment to a healthy lifestyle significantly improves long-term heart health; and WHEREAS, this American Heart Month, we recommit to promoting heart-healthy lifestyles and supporting the millions of Americans living with a cardiovascular condition. .

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby declare the month of February 2024, as American Heart Month in the City of Twentynine Palms. We urge all community members to join us in recognizing the importance of heart health and to take proactive steps toward improving their own heart health not just during American Heart Month but throughout the year.

DATED this 13th day of February 2024.
______________________________
Steven Bilderain, Mayor

Page 70 of 203 ends

STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Feb 13 2024
SUBJECT: Proclamation Recognizing February 2024 as Black History Month.

ATTACHMENTS:
• Proclamation Recognizing
February 2024 as Black History
Month

Page 71 of 203 ends

CITY OF TWENTYNINE PALMS

PROCLAMATION

RECOGNIZING FEBRUARY AS BLACK HISTORY MONTH
WHEREAS, During National Black History Month, we celebrate the legacy of Black Americans whose power to lead, to overcome, and to expand the meaning and practice of American democracy has helped our Nation become a more fair and just society.

WHEREAS, the continued sacrifices of Black Americans need to be honored & recognized for their endless, cultural, scientific, political, and economic contributions to the very foundation of American society that has manifested through the relentless strength and will to persevere regardless of the circumstances.

WHEREAS, Black American Descendants are one of the longest, consistent populations living in America, making Black Americans generationally one of the oldest genealogical populations on American soil after Native Americans. Black Americans have lived, toiled and collectively strived for the betterment of America dating back to the 1500s when Africans arrived to Spanish Florida and 1600s when Africans arrived to the English Colonies of North America.

WHEREAS, Black Americans have contributed an unimaginable amount of wealth to the United States economy throughout American history, while uncompensated and undercompensated, yet still willing to sacrifice everything to make America a better place.

WHEREAS, Black Americans have survived, thrived and risen to the highest ranks in all areas of American society including within local, state and federal governments, from the halls of integrated elementary schools to the halls of Congress. In addition, tens of millions of Black Americans throughout American history have served in all branches of the United States Armed Forces, defending the ideals of Life, Liberty, and the Pursuit of Justice for all.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Twentynine Palms, does hereby proclaim February 2024 to be Black History Month and encourages all residents to observe this month.

DATED this 13th day of February 2024.
_____________________________
Steven Bilderain, Mayor

Page 72 of 203 ends

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
January 23, 2024
CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:01 p.m.

Pledge of Allegiance - Twentynine Palms High School student Elisabeth Marshall led the Pledge of Allegiance.

Invocation - LeeAnn Clarke, Twentynine Palms Ministerial Association, gave the Invocation.

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

Closed Session Announcements - None.

Changes to the Agenda - None.

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Proclamation Recognizing January as School Board Recognition Month.

Mayor Bilderain read the Proclamation and then presented the Proclamation to School Board Member John Cole.

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

Interim City Manager Bowden provided an update on City Roads and Pedestrian Safety.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he participated in the Martin Luther King Jr. (MLK) Walk and Prayer Bowl.

Councilmember Wright commented that he also participated in the MLK Walk and Prayer Bowl and he complimented Ms.

Minatrea, Recreation Program Manager, and the Staff on a fantastic job with the Youth Basketball Program.

Councilmember Mintz mentioned that he also participated in the MLK Walk and Prayer Bowl and he attended the MDAQMD meeting in Victorville.

Mayor Pro Tem Klink mentioned that he did not attend any meetings.

Mayor Bilderain commented that he participated in the MLK Walk and Prayer Bowl.

CONSENT CALENDAR

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

Page 1 of 4 ends

City Council - Regular Meeting
January 23, 2024

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

5. Youth Council Resolution Approval.

RECOMMENDATION: The City Council approve Resolution No. 24-01 establishing a Youth Council.

6. Fire Department Emergency Response Report - December 2023.

ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Wright to approve the Consent Calendar as submitted minus item # 5.

Councilmember Scott asked that item #5 be pulled for discussion.

The above motion was carried by the following:

ROLL CALL VOTE:

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

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

5. Youth Council Resolution Approval.

RECOMMENDATION: The City Council approve Resolution No. 24-01 establishing a Youth Council.

Recreation Program Manager Minatrea (Program Manager Minatrea) presented the Staff Report.

ACTION: A motion was made by Councilmember Klink, seconded by Councilmember Scott to approve Resolution No. 24-01, establishing a Youth Council.

The above motion was carried by the following:

ROLL CALL VOTE:

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

PUBLIC HEARING

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

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

Community Development Director Gardner (Director Gardner) mentioned that this item will be tabled and presented at the February 13, 2024 meeting.

Page 2 of 4 ends

City Council - Regular Meeting
January 23, 2024

DISCUSSION AND POTENTIAL ACTION ITEMS

8. Tourism Business Improvement District (TBID) Advisory Board Appointment.

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

Mayor Bilderain presented the Staff Report and recommendation to the City Council.

Susan Peplow, commented that she feels Mr. Ramsey is a wonderful fit to the TBID Board.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Wright to approve the recommendation made by Mayor Pro Tem Klink and Mayor Bilderain to appoint Ashton Ramsey to the TBID Board.

The above motion was carried by the following:

ROLL CALL VOTE:

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

9. Self-Help Housing Project.

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

Director Gardner presented the Staff Report.

Susan Peplow suggested that the Staff looked at GIS and made a random pull and ask the property owners within proximity to give their feedback on interest because the property owners within the proximity would have vast knowledge of land in that area. She commented that this would be a good way to find out about flood zones, etc.

After a brief discussion, a motion was made by Councilmember Mintz, seconded by Councilmember Wright to have Director Gardner explore options 1 and 2 that he presented to the City Council. The motion was carried by a unanimous voice vote.

10. 2024/2025 CDBG Funding Prioritization.

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

Program Manager Minatrea presented the Staff Report.

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Wright to approve and prioritize the allocation of CDBG funds for Fiscal Year 2024-2025 to the City's parking lot improvement ADA rehabilitation and accessibility construction project.

The above motion was carried by the following:

ROLL CALL VOTE:

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

Page 3 of 4 ends

City Council - Regular Meeting
January 23, 2024

FUTURE COUNCIL INITIATED ITEMS

1. Seasonal/Military Banners throughout the City.

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

Councilmember Wright asked if the Interim City Manager could provide an update on the JPA. Mayor Pro Tem Klink seconded the item.

Mayor Pro Tem Klink asked if we could have "Welcome King of the Hammers Visitors" signs up along the Highway for those attending the event in the future. Councilmember Wright seconded the item.

Mayor Pro Tem Klink suggested installing "poop bag" stations along National Park Drive for those that walk along National Park Drive and walk their dogs.

PUBLIC COMMENTS
LeeAnn Clarke, thanked the City Council and Staff for attending the MLK Walk and Prayer Bowl, she thanked the Morongo Unified School District Board for their recognition at tonight's meeting, and thanked Mr. Ashton Ramsey, for being a part of the TBID Board and a part of our community and thanked him for maintaining the mural at Tin Town.

Mayor Pro Tem Klink commented that the graffiti at the Farmers Insurance building has been removed.

Mary Jane Binge mentioned that now that we have added Mr. Ramsey to the TBID Board, it would be a good time to revisit and complete the TBID Ordinance to include term limits so that the community can continue to receive new ideas and fresh insight from stakeholders.

CITY MANAGER UPDATE
Interim City Manager Bowden provided the following update: he received word today that San Bernardino County Flood Control District will begin construction on the culvert and rebuild of the new crossing bridge at El Rey Avenue. The road will be closed from January 29 to May 10, 2024.

Mayor Bilderain reminded everyone that he will be at Fan's this Friday to listen to the community's concerns and ideas.

ADJOURNMENT - Mayor Bilderain adjourned the meeting in memory of Chris Plummer at 6:56 p.m.

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

Page 4 of 4 ends

TWENTYNINE PALMS CITY COUNCIL
City Council - Special Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
January 30, 2024

CLOSED SESSION AGENDA
11:00 A.M.

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

ROLL CALL - The following Councilmembers were present: Klink, Mintz, Scott, Wright, Bilderain.

PUBLIC COMMENTS - There were no Public Comments.

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

CLOSED SESSION

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

CITY MANAGER
The City Council returned to the Council Chambers at 12:10 p.m. Mayor Bilderain announced that there was no reportable action taken.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 12:10 p.m.

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

Page 1 of 1 ends

Page 78 of 203 ends

STAFF REPORT
TO: City Council
FROM: Office Assistant
FOR MEETING: Feb 13 2024
SUBJECT: Approval of Warrant Register Totaling $1,825,972.29.

ATTACHMENTS:
• Warrant Register 021324

Page 79 of 203 ends

Check Date
Warrant Register
PPBI Gen Chkng

CITY OF TWENTYNINE PALMS
Vendor
WARRANT DATE: 02-13-24
Check / Payment
0017790 1/03/2024 [3581] ADVANCED IMAGING SOLUTIONS 466.52 0017791 1/03/2024 [2680] AIS 83.29
0017792 1/03/2024 [3121] AMERICAN EXPRESS 1,154.47
0017793 1/03/2024 [3591] AVCOM SERVICES 585.00
0017794 1/03/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 160.62 0017795 1/03/2024 [3709] CA STATE DISBURSEMENT UNIT 85.00 0017796 1/03/2024 [1052] CHARLES ABBOTT ASSOCIATES INC 56,057.86 0017797 1/03/2024 [1053] CINTAS CORPORATION (8315) 1,156.69 0017798 1/03/2024 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0017799 1/03/2024 [1081] STEPHEN F DAVIS 400.00
0017800 1/03/2024 [2194] DIVISION OF THE STATE ARCHITECT 128.00 0017801 1/03/2024 [1106] FRONTIER 123.10
0017802 1/03/2024 [1106] FRONTIER 6.55
0017803 1/03/2024 [2793] GARCIA SERVICES (8895) 425.00
0017804 1/03/2024 [2934] I-BANK US BANK 18,147.66
0017805 1/03/2024 [3776] JUSTFOIA, INC. 4,950.00
0017806 1/03/2024 [3660] KIMBERLY K. JOHNSON 1,415.00
0017807 1/03/2024 [1149] LLOYD PEST CONTROL CO INC (8202) 515.00 0017808 1/03/2024 [1182] NV5 INC (8793) 7,390.00
0017809 1/03/2024 [2231] PAYCHEX INC 1,152.85
0017810 1/03/2024 [1214] SAN BERNARDINO CO OFFICE OF THE ASSESSOR 20.00 0017811 1/03/2024 [2268] SAN BERNARDINO COUNTY-RADIO 107.16 0017812 1/03/2024 [1230] SCE 2,549.67
0017813 1/03/2024 [1231] SPARKLETTS 540.65
0017814 1/03/2024 [1249] SPECTRUM 119.99
0017815 1/03/2024 [1249] SPECTRUM 149.98
0017816 1/03/2024 [1249] SPECTRUM 119.99
0017817 1/03/2024 [1249] SPECTRUM 119.98
0017818 1/03/2024 [1249] SPECTRUM 1,179.00
0017819 1/03/2024 [1249] SPECTRUM 189.99
0017820 1/03/2024 [1243] THE GAS COMPANY 2,178.85
0017821 1/03/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 4,646.63 0017822 1/03/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0017823 1/03/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 165.87 0017824 1/03/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 151.00 0017825 1/03/2024 [1273] VERIZON WIRELESS 672.61
0017826 1/03/2024 [3727] BREAKPOINT POOL AND SPA 1,650.00 0017827 1/04/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 35.00 0017828 1/10/2024 [3581] ADVANCED IMAGING SOLUTIONS 198.62 0017829 1/10/2024 [2680] AIS 60.37
0017830 1/10/2024 [1008] ANIMAL ACTION LEAGUE INC 1,058.00 0017831 1/10/2024 [1015] ASCAP 500.00
0017832 1/10/2024 [1017] AUTOZONE (0842) 230.67
Run: 2/06/2024 at 5:55 PM Page: 1

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0017833 1/10/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 625,805.30 0017834 1/10/2024 [3598] CANON SOLUTIONS AMERICA 82.23
0017835 1/10/2024 [3735] CAROLINE PARTAMIAN 1,960.00
0017836 1/10/2024 [0488] CLINKSCALES, SCOTT 1,177.95
0017837 1/10/2024 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0017838 1/10/2024 [2785] COPY CENTER PLUS INC. (8893) 103.43 0017839 1/10/2024 [3693] DANNI'S DEN DESIGNS 9,135.29
0017840 1/10/2024 [1087] DESERT HARDWARE (0301) 914.02
0017841 1/10/2024 [1100] FEDEX 38.01
0017842 1/10/2024 [1102] FORENSIC DTS INC 507.70
0017843 1/10/2024 [1106] FRONTIER 79.23
0017844 1/10/2024 [1106] FRONTIER 258.88
0017845 1/10/2024 [2793] GARCIA SERVICES (8895) 150.00
0017846 1/10/2024 [1125] HDL COMPANIES 1,515.07
0017847 1/10/2024 [2164] INNOVATIVE FEDERAL STRATEGIES LLC 3,800.00 0017848 1/10/2024 [3777] INSTITUTE OF INQUIRY LLC 512.50 0017849 1/10/2024 [1155] SYLVIA MATTHEWS 300.00
0017850 1/10/2024 [1162] MOJAVE DESERT & MOUNTAIN 5,327.00 0017851 1/10/2024 [1167] MORONGO UNIFIED SCHOOL DISTRICT 3,581.53 0017852 1/10/2024 [1175] AARON NEVEU 919.00
0017853 1/10/2024 [0001] ONE TIME VENDOR - FRANCES REINOSO 375.70 0017854 1/10/2024 [2582] OREILLY 94.73
0017855 1/10/2024 [1036] PARKER'S BUILDING SUPPLY 29 PALMS (8036) 1,054.54 0017856 1/10/2024 [2499] RACKSPACE US, INC 1,102.22
0017857 1/10/2024 [1230] SCE 16,022.53
0017858 1/10/2024 [2997] SESAC 1,159.00
0017859 1/10/2024 [3700] SIMPLEVIEW 1,950.01
0017860 1/10/2024 [1226] RON (2706) SOMMER 300.00
0017861 1/10/2024 [3186] STILES ANIMAL REMOVAL INC. 1,800.00 0017862 1/10/2024 [1246] THE VAN DYKE CORP (0750) 37,835.00 0017863 1/10/2024 [2201] TRANSUNION RISK AND ALTERNATIVE 75.00 0017864 1/10/2024 [1254] TROPHY EXPRESS 119.66
0017865 1/10/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 32.05 0017866 1/10/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0017867 1/10/2024 [1270] VALLEY INDEPENDENT PRINTING 157.69 0017868 1/10/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 748.00 0017869 1/10/2024 [1133] VISUAL EDGE IT, INC 110.91
0017870 1/17/2024 [1005] AFLAC 648.86
0017871 1/17/2024 [2996] AMERIGAS 102.77
0017872 1/17/2024 [1014] ARROWHEAD CREDIT UNION 9,218.63 0017873 1/17/2024 [0055] CALSCAPE LANDSCAPING, INC 4,500.00 0017874 1/17/2024 [1280] CHRISTIAN BROTHERS GLASS (0325) 261.00 0017875 1/17/2024 [1053] CINTAS CORPORATION (8315) 1,008.42 0017876 1/17/2024 [1307] DESERT FIRE EXTINGUISHER CO INC (0133) 798.24 0017877 1/17/2024 [1709] DOKKEN ENGINEERING (3504) 86,080.27 0017878 1/17/2024 [1588] DS LOCKSMITHING (2787) 617.00
0017879 1/17/2024 [2898] ENVIROMINE, INC 3,588.65
0017880 1/17/2024 [1106] FRONTIER 45.33
0017881 1/17/2024 [1122] GOLD MOUNTAIN CA NEWS MEDIA 974.75 0017882 1/17/2024 [1122] GOLD MOUNTAIN CA NEWS MEDIA 95.00 0017883 1/17/2024 [1890] KOSMONT COMPANIES (8271) 2,847.00 Run: 2/06/2024 at 5:55 PM Page: 2

Page 81 of 203 ends

0017884 1/17/2024 [1145] LEAGUE OF CALIFORNIA CITIES 40.00 0017885 1/17/2024 [1145] LEAGUE OF CALIFORNIA CITIES 11,672.00 0017886 1/17/2024 [1164] MORONGO BASIN BROADCASTING CORP 117.00 0017887 1/17/2024 [1184] OFFICE DEPOT CREDIT PLAN 609.15 0017888 1/17/2024 [3780] PHILIP BERNARDEZ III 160.00
0017889 1/17/2024 [1216] SAN BERNARDINO CO FIRE DEPARTMENT 5,785.41 0017890 1/17/2024 [1213] SAN BERNARDINO CO SHERIFFS DEPT 522,197.29 0017891 1/17/2024 [1230] SCE 8,133.13
0017892 1/17/2024 [3596] RICARDO SORIANO 375.00
0017893 1/17/2024 [1249] SPECTRUM 144.03
0017894 1/17/2024 [3681] TANKO LIGHTING 1,001.50
0017895 1/17/2024 [1267] UTILITY COST MANAGEMENT LLC 1,875.70 0017896 1/17/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 508.15 0017897 1/17/2024 [0482] MARIO G VILLESCAS 300.00
0017898 1/17/2024 [1284] WONDER ELECTRIC COMPANY (0052) 1,078.44 0017899 1/17/2024 [1744] YUNEX LLC 550.00
0017900 1/18/2024 [2408] ACCUFUND, INC 7,670.00
0017901 1/22/2024 [2316] MORONGO BASIN ARCH (8596) 500.00 0017902 1/24/2024 [2809] ACTION INDUSTRIAL SUPPLY 135.72 0017903 1/24/2024 [3585] ANIMAL SAMARITANS 59.00
0017904 1/24/2024 [1020] B & B AUTO PARTS / TOWING 400.00 0017905 1/24/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 19,344.34 0017906 1/24/2024 [0488] CLINKSCALES, SCOTT 20.41
0017907 1/24/2024 [1070] CNTY SAN BERDO CLERK BRD SUPERVISORS 50.00 0017908 1/24/2024 [1079] DATA TICKET INC 475.00
0017909 1/24/2024 [1101] FIDELITY NATIONAL TITLE COMPANY 500.00 0017910 1/24/2024 [1106] FRONTIER 135.84
0017911 1/24/2024 [3781] GRAHAM KOLBEINS 400.00
0017912 1/24/2024 [3743] HOME DEPOT CREDIT SERVICES 627.54 0017913 1/24/2024 [0516] MATTHEW C KLINK 80.38
0017914 1/24/2024 [1182] NV5 INC (8793) 787.50
0017915 1/24/2024 [0001] ONE TIME VENDOR - DONALD LAUER 18.00 0017916 1/24/2024 [2355] RELIANCE STANDARD LIFE INSURANCE CO. 2,032.05 0017917 1/24/2024 [1213] SAN BERNARDINO CO SHERIFFS DEPT 2,661.71 0017918 1/24/2024 [1230] SCE 1,172.26
0017919 1/24/2024 [1249] SPECTRUM 12.53
0017920 1/24/2024 [1249] SPECTRUM 129.99
0017921 1/24/2024 [1249] SPECTRUM 159.98
0017922 1/24/2024 [1178] T-MOBILE 89.22
0017923 1/24/2024 [1269] VALIC C/O JP MORGAN CHASE 1,971.66 0017924 1/24/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 40.00 0017925 1/24/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 36.00 0017926 1/24/2024 [2528] WELLS FARGO VENDOR FIN SERV 121.71 0017927 1/31/2024 [2680] AIS 63.96
0017928 1/31/2024 [3121] AMERICAN EXPRESS 834.80
0017929 1/31/2024 [1008] ANIMAL ACTION LEAGUE INC 1,286.00 0017930 1/31/2024 [3729] ATRIUM APOTHECARY INC 250.00
0017931 1/31/2024 [1037] BURRTEC WASTE & RECYCLING (2692) 8,405.39 0017932 1/31/2024 [1052] CHARLES ABBOTT ASSOCIATES INC 38,311.43 0017933 1/31/2024 [3568] CV STRATEGIES 7,831.25
0017934 1/31/2024 [0520] MICAH ALLEN DEIBERT 210.00
Run: 2/06/2024 at 5:55 PM Page: 3

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0017935 1/31/2024 [1106] FRONTIER 123.33
0017936 1/31/2024 [1107] FULTON DISTRIBUTING 363.02
0017937 1/31/2024 [3749] JENICA ROSE SILVAS 120.00
0017938 1/31/2024 [2183] JOE A GONSALVES & SON 3,000.00 0017939 1/31/2024 [1145] LEAGUE OF CALIFORNIA CITIES 600.00 0017940 1/31/2024 [1149] LLOYD PEST CONTROL CO INC (8202) 515.00 0017941 1/31/2024 [1150] MARK SPEER AUTOMOTIVE (2109) 205.75 0017942 1/31/2024 [2507] MERRELL JOHNSON 1,068.00
0017943 1/31/2024 [3588] METLIFE SMALL BUSINESS CENTER 4,442.91 0017944 1/31/2024 [1164] MORONGO BASIN BROADCASTING CORP 117.00 0017945 1/31/2024 [3782] MRC SMART TECHNOLOGY SOLUTIONS 510.77 0017946 1/31/2024 [1175] AARON NEVEU 880.00
0017947 1/31/2024 [3680] NOAH BARBER 255.00
0017948 1/31/2024 [0001] ONE TIME VENDOR - SUNFIRE CONSTRUCTION 43.01 0017949 1/31/2024 [0001] ONE TIME VENDOR - ASHLYNGREY HAIR 106.87 0017950 1/31/2024 [0001] ONE TIME VENDOR - DUSTIN GREGG 144.05 0017951 1/31/2024 [3780] PHILIP BERNARDEZ III 220.00
0017952 1/31/2024 [2268] SAN BERNARDINO COUNTY-RADIO 107.16 0017953 1/31/2024 [1230] SCE 7,072.45
0017954 1/31/2024 [3056] SOAP SUDS CLEANING SERVICE (9049) 2,627.00 0017955 1/31/2024 [3596] RICARDO SORIANO 300.00
0017956 1/31/2024 [1231] SPARKLETTS 400.05
0017957 1/31/2024 [1249] SPECTRUM 119.99
0017958 1/31/2024 [1249] SPECTRUM 149.98
0017959 1/31/2024 [1249] SPECTRUM 119.99
0017960 1/31/2024 [1249] SPECTRUM 1,179.00
0017961 1/31/2024 [1249] SPECTRUM 189.99
0017962 1/31/2024 [3783] TALA'AVE MOOSO'I TUIVAITI 240.00 0017963 1/31/2024 [1259] TWENTYNINE PALMS WATER DISTRICT 4,874.62 0017964 1/31/2024 [1270] VALLEY INDEPENDENT PRINTING 618.79 0017965 1/31/2024 [1271] VCA 29 PALMS ANIMAL HOSPITAL (0319) 140.00 0017966 1/31/2024 [1273] VERIZON WIRELESS 672.70
0017967 1/31/2024 [0482] MARIO G VILLESCAS 300.00
0017968 1/31/2024 [1274] VSP 667.44
0017969 1/31/2024 [3610] RYAN M WADDELL 700.00
0017970 1/31/2024 [1277] WATERLINE TECHNOLOGIES INC 1,018.24 0017971 1/31/2024 [1284] WONDER ELECTRIC COMPANY (0052) 3,129.00 0017972 2/05/2024 [1300] TRIAD REALTORS (0101) 333.15
EFT 1/26/2024 90,693.78
EFT 1/12/2024 85,760.93
EFT 1/12/2024 8,472.73
WIREHRA01172 1/17/2024 [2367] MIDAMERICA 7,020.06
Approved by: Date:

Total Checks: 1,825,972.29
Run: 2/06/2024 at 5:55 PM Page: 4

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STAFF REPORT
TO: City Council
FROM: Public Works Superintendent
FOR MEETING: Feb 13 2024
SUBJECT: Material Acquisition for Road Overlay from Blue Diamond Materials.

RECOMMENDATION:

The City Council approve the purchase of materials for road overlay from Blue Diamond Materials for the purpose of overlaying roads throughout the City in the amount not to exceed $935,680, plus 10% contingency.

ORDER OF PROCEDURE:

Request Staff Report (Public Works Superintendent
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Senate Bill 1 Road
Maintenance and Rehabilitation
Account Project List Approval
and Budget Amendment
BACKGROUND:

Public Works Road Staff is seeking approval from the City Council to utilize funding from SB1, Measure I, and Article 8 Funds to overlay 14 roads in the City of Twentynine Palms, which consists of thirteen residential streets and one major arterial street. These sections of roadway have warranted an increase in repair procedures over the preceding year due to accelerated deterioration of the road surface. Many complaints have been received in reference to these sections which has led Staff to prioritize these projects to complete this fiscal year. These sections also meet the criteria to be resurfaced due to their rating on the Project Management System (PMS), which is referred to as PCI. These projects will help ensure safe travel in several residential areas of the City.

The Project generally consists of providing the necessary labor, equipment, and materials to overlay the fourteen street segments. The streets to be overlayed and corresponding funding sources are as follows:

MEASURE I
Street Tons Cost
Baileya Ave. 779 $104,675
Roberts Ave. 302 $ 38,404
Saladin Ave. 283 $ 34,925
Maude Adams Ave. 18 $ 28,575
Desert Queen Ave. 195 $ 24,500
Joshua Dr. 43 $ 5,750
TOTAL 1,777 $236,829

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ARTICLE 8
Street Tons Cost
Joshua Dr 207 $28,000
250 $28,000
SB1
Tons Cost
4969 $670,851
6996 $935,680
SB1 road list is included in the approved Resolution from June 2023.

Blue Diamond Materials is the only company that can deliver cold mix to the City for these projects within Staff's specified time frame and quantity.

ENVIRONMENTAL:

Categorically exempt.

ALTERNATIVES:

The City Council could choose to deny the purchase of the overlay material.

FISCAL IMPACT:

The entire purchase will be funded by SB1 ($670,851), Measure I ($236,829), and Article 8 ($28,000) funding sources.

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RESOLUTION NO. 23-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

TWENTYNINE PALMS, CALIFORNIA, ADOPTING A LIST OF
PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1:

THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Twentynine Palms are aware of the projects proposed for funding in the community and which projects have been completed each fiscal year; and WHEREAS, the City of Twentynine Palms must adopt by Resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City of Twentynine Palms, will receive an estimated $670,851.00 in RMRA funding in Fiscal Year 2022-2023 from SB 1; and
WHEREAS, this is the seventh year in which the City of Twentynine Palms is receiving SB 1 funding and will enable the City of Twentynine Palms to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City of Twentynine Palms has undergone a robust public process to ensure public input into our community’s transportation priorities/project list; and WHEREAS, the City of Twentynine Palms used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City of Twentynine Palms maintain and rehabilitate residential, collector, and arterial roads throughout the City of Twentynine Palms this year with similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found that the City of Twentynine Palms’ streets and roads are in an “at-risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and

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WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS AS FOLLOWS:

1. The foregoing recitals are true and correct.

2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:

Project 1: 2023-2024 Street
The Project generally consists of providing the necessary labor, equipment, and materials to overlay 538,128 SF of asphalt pavement street segments. The project will commence in July 2023 and be completed no later than June 2024. The useful life of the project area is estimated to be 7-10 years.

Street___________________From_____________________To______________________SQF________ Mariposa Ave. Sunnyslope El Paseo 22,880
Morongo Rd. Sunnyslope South of Joshua 72,600
La Buena Tierra Two Mile Rd. Larrea 57,000
Indian Trail Mesquite Springs Rd. Adobe Rd. 165,188
Pine Spring Ave. Sullivan Rd. Outer Hwy. 68,580
Sullivan Rd. Indian Cove Rd. Copper Mountain 39,680
Chia Ave. Two Mile Rd. Samarkand 83,500
Cholla Ave. Joshua Dr. Buena Vista 28,700
Total SF 538,128
Total Cost $670,851.00

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PASSED, APPROVED AND ADOPTED by the City Council of Twentynine Palms this 13th day of June 2023.

______________________________
McArthur Wright, Mayor
ATTEST:
______________________________________
Cindy Villescas CMC, City Clerk
I, do hereby certify that the foregoing Resolution No. 23-__ was duly adopted by the City Council of the City of Twentynine Palms at a regular meeting thereof held on 13th day of June 2023, by the following vote:

AYES: COUNCILMEMBER:

NOES: COUNCILMEMBER:

ABSENT: COUNCILMEMBER:

ABSTAIN: COUNCILMEMBER:
_________________________________
Cindy Villescas CMC, City Clerk

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STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Feb 13 2024
SUBJECT: Treasurer's Report - FY 2023-24 Quarter 2.

RECOMMENDATION:

The City Council receive and approve the Treasurer's Report for the 2nd Quarter of Fiscal Year 2023-24.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• TREASREP 12.31.23
• Securities Report 12.31.23
ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to accept this report as is.

FISCAL IMPACT:

N/A

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City of Twentynine Palms
Treasurer's ReportDecember 31, 2023
Average Interest Market Percent
Depository Term Matures Rate Amount Value of TotalPetty Cash and Cash on Hand On Hand N/A $750 $750 0.00%PPBI Bank Checking Account Demand 0.00% $3,796,043 $3,796,043 21.98%PPBI Bank - Successor Agency Demand 0.00% $275,656 $275,656 1.60%Local Agency Investment Fund Demand 4.00% $5,802,080 $5,764,617 33.37%Cash with MBS Demand 0.00% $17,951 $17,951 0.10%U.S. Treasury Bills 5.203% $1,492,957 $1,497,161 8.67%Cerfificate of Deposit 3.53% $5,418,000 $5,254,334 30.42% Total City Funds $16,803,437 $16,606,512 96.14%Funds Held in Trust:Cash With Fiscal Agent (Project Phoenix) $665,880 $665,880 3.86%Total Funds in the Treasurer's Custody $17,469,317 $17,272,392 100.00%NOTES:1) All the above investments are in compliance with the City's Investment Policy.2) The City has sufficient funds to meet its expenditure requirements for the next six months.Prepared by: Abigail Hernandez CondeDate: 1/26/24

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City of Twentynine Palms RMB033895
Account eCD70981
Report Name Position Report Export
Executed 12/31/2023Certificates of Deposit
Issuer Settle Date Maturity Date Principal Payment Frequency Rate Interest Earned Redeemed AMERICAN EXPRESS 6/29/2022 6/29/2027 $245,000.00 Monthly 3.40% $707.48AUSTIN TELCO FED CR 9/21/2022 9/21/2027 $249,000.00 Monthly 3.80% $803.62 BEAL BK USA LAS 3/2/2022 2/24/2027 $245,000.00 Semi Annual 2.05% $426.57 CAPITAL ONE BK USA 5/11/2022 5/11/2027 $246,000.00 Semi Annual 3.20% $668.58 CAPITAL ONE NATL 4/27/2022 4/27/2027 $245,000.00 Semi Annual 2.90% $603.44 COBALT FED CR UN 9/15/2022 9/15/2027 $249,000.00 Monthly 3.60% $761.33 CREDIT UN OF TEX 9/14/2022 9/15/2025 $245,000.00 Semi Annual 3.60% $759.50 DISCOVER BK 5/18/2022 5/19/2027 $246,000.00 Semi Annual 3.20% $668.58 DORT FINL CR UN 6/20/2023 6/20/2028 $247,000.00 Quaterly 4.50% $944.01 FIRST INTERNET BK 9/28/2022 9/25/2025 $249,000.00 Monthly 4.00% $845.92 FIRST TECHNOLOGY FED 7/15/2022 7/15/2027 $249,000.00 Monthly 3.60% $761.33 GREENSTATE CR UN 9/26/2023 9/26/2028 $248,000.00 Monthly 5.00% $1,053.15 LAFAYETTE FED CR UN 5/25/2022 5/25/2027 $245,000.00 Monthly 3.25% $676.27 MAINE SVGS FCU 7/21/2023 7/21/2028 $248,000.00 Monthly 4.80% $1,011.02 METRO CR UN CHELSEA 7/13/2022 1/12/2024 $240,000.00 Monthly 3.10% $631.89 MORGAN STANLEY 10/3/2019 10/3/2024 $245,000.00 Semi Annual 1.95% $405.76 MORGAN STANLEY BK N 9/15/2022 9/15/2026 $245,000.00 Semi Annual 3.60% $749.09 MOUNTAIN AMER FED CR 10/14/2022 10/15/2024 $248,000.00 Monthly 4.75% $1,000.49 QUORUM FED CR UN PUR 9/30/2022 9/30/2026 $249,000.00 Monthly 4.15% $877.64 STATE BK INDIA NEW 3/10/2022 3/10/2027 $245,000.00 Semi Annual 2.20% $457.78 SYNCHRONY BK RETAIL 7/29/2022 7/29/2025 $245,000.00 Semi Annual 3.40% $707.48 TOYOTA FINL SVGS BK 9/16/2022 9/16/2027 $245,000.00 Semi Annual 3.60% $749.10 Totals $5,418,000.00 3.53% $16,270.03 $0.00United States Treasury Bills TSRYS5570126 10/26/2023 4/18/2024 $249,622.76 At Maturity 5.343% $0.00 TSRYS5596016 6/9/2023 12/7/2023 $0.00 At Maturity $0.00 $250,000.00 TSRYS5601985 6/22/2023 12/21/2023 $0.00 At Maturity $0.00 $1,000,000.00 TSRYS5709806 12/7/2023 6/6/2024 $243,747.01 At Maturity 5.159% $0.00 TSRYS5598351 12/21/2023 6/13/2024 $999,587.56 At Maturity 5.108% $0.00 Totals $1,492,957.33 5.343%Cash, Money Funds, and Bank Deposits Cash Balance $17,950.70

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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Feb 13 2024
SUBJECT: Development Code Amendment - Article 3 Administration, Permits and Procedures.

RECOMMENDATION:

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

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• DCA23-000013, 17, 18 ORD
Article 3 CC on 02-13-2024
• Article 3 Administration,
Permits and Procedures draft
• Planning Commission
Resolutions
BACKGROUND:

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

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

19.29 Fees and Deposits - minor changes

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

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

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

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

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

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

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

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

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

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

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

ENVIRONMENTAL:

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

ALTERNATIVES:

The City Council could choose to:

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

2. Make modification to the code and adopt with recommended changes.

3. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

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CITY OF TWENTYNINE

PALMS CITY COUNCIL
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

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

PROCEDURES OF THE CITY OF TWENTYNINE PALMS DEVELOPMENT
CODE.

WHEREAS, the City of Twentynine Palms General Plan was adopted by the City Council on April 24, 2012; and
WHEREAS, the City of Twentynine Palms Development Code was adopted by the City Council on July 26, 2016; and
WHEREAS, on October 17, 2023 and December 05, 2023, the Planning Commission of the City of Twentynine Palms conducted duly noticed and advertised Public Hearings on Development Code Amendments for Article 3, Administration, Permits and Procedures; and WHEREAS, on January 10, 2023, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on February 13, 2024, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on February 13, 2024, at which time the Council introduced Ordinance No. ___, amending Article 3, Administration, Permits and Procedures of the Development Code, and
WHEREAS, on February 13, 2024, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines Section, the proposed zoning text amendment has been reviewed for its potential to impact the environment. Pursuant to Section 15061(b)(3) of the State Guidelines to Implement the California Environmental Quality Act, the activity is covered by the commonsense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and WHEREAS, the City Council found that on the basis of the whole record before it, including any public comments received, there is no substantial evidence that the Development Code Amendment would have a significant effect on the environment and that the proposed CEQA determination reflected the City Council's independent judgment and analysis; and

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

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

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

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

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

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

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

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

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

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

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

The modifications to Article 3 of the Development Code will protect the general health, safety, and welfare of the community.

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

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

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

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

Section 4. The City Council of the City of Twentynine Palms amends the Development Code as reflected in Exhibit "A."
Section 5. Notice of Adoption. The City Clerk of the City of Twentynine Palms shall

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

Section 6. Introduction Date. Ordinance No. ___ was introduced by Council action on the 13th day of February 2024.

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

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

PASSED, APPROVED, AND ADOPTED this 27
th day of February 2024.

Steve Bilderain, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

A. Patrick Munoz, City Attorney
I hereby certify that the foregoing is a true copy of Ordinance No. ___, introduced on the 13 th
day of February 2024 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 27
th day of February 2024, in Twentynine Palms, California by the following vote, to wit.

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Exhibit “A”

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

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

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

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

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

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

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

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

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

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

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

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

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

1. A written explanation of the delay.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Date, time and place of hearing.

2. Identification of the reviewing or approving authority.

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

4. Project description.

5. Identification of project proponents/applicants.

6. CEQA determination statement.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. The date the action was taken.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

E. Permit Expiration for a Closed Business. All permits shall expire when a business or use is closed or discontinued for more than one calendar year. Approval of new permits based on current requirements shall be required prior to any business activity or use on the site.

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

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

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

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

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

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

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

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

19.28.150 Violations and Enforcement
A. Violations.

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

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

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

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Effective August 25, 2016 Page 19.28-14 and Common Procedures

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

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

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

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

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

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

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

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

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

D.C. Approving Authority.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Development Agreements

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Effective August 25, 2016 Page 19.29-2 Fees and Deposits

2. Zoning Map and Development Code Amendments

3. General Plan Amendments

4. Zone Change (Rezone)

5. Parcel Maps and/or Subdivision Maps

6. Specific Plans and Amendments

7. Planned Developments

8. Site Plan Review

9. Conditional Use Permits

10. Administrative Use Permits

11. Variances

12. Minor Exceptions

13. Surface Mining and Land Reclamation Permits

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

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

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

E. City. The City of Twentynine Palms.

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

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

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

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

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

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

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

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Effective August 25, 2016 Page 19.29-4 Fees and Deposits

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B. The action taken by the Director.

C. Findings as listed for the permit.

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

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

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

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.36-4 Site Plan Review

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

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

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

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

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

Page 128 of 203 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Conditions may include, but shall not be limited to:

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

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

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

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

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

F. Requirements for increased security.

G. Requirements for periodic review.

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

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

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

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

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

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

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

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

B. The action taken by the Director.

C. Findings as listed for the permit.

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

19.38.090 Effective Date

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.38-4 Administrative Use Permit Administrative Use Permits shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

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

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

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

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

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

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

19.28.140 (Amendments to Previously Approved Permits).

Page 133 of 203 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

B. The action taken by the approving authority.

C. Findings as listed for the approval.

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

Page 135 of 203 ends

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

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

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

19.40.110 Expiration
Approved Similar Use Determinations do not expire.

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

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

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

Page 136 of 203 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.42-2 Conditional Use Permit

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

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

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

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

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

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

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

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

F. Requirements for security.

G. Requirements for periodic review.

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

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

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

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

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

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

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

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

B. The action taken by the Planning Commission.

C. Findings as listed for the permit.

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

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

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

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

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

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

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

19.28.140 (Amendments to Previously Approved Permits).

Page 139 of 203 ends

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. Setbacks, yard areas and open spaces.

2. Fences, walls and screening.

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

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

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

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

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

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

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

19.42 (Conditional Use Permit):

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

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

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

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

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

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

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

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

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

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

B. The action taken by the Planning Commission.

C. Findings as listed for the permit.

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

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

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.43-4 Planned Development

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

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

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

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

19.28.140 (Amendments to Previously Approved Permits).

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

1. All buildings to scale.

2. Off-street parking facilities.

3. Landscaping.

4. Finished grades.

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

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

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.43-5 Planned Development

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.48.020 Intent
Specific plans are intended to:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

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Chapter 19.55 Sidewalk Vending Permit
Sections:

Sections:........................................................................................................................................................1

19.55.010 Purpose..................................................................................................................................1

19.55.020 Definitions.............................................................................................................................1

19.55.030 Permit Required ....................................................................................................................1

19.55.040 Issuance of Permit.................................................................................................................3

19.55.050 Operating Conditions............................................................................................................4

19.55.060 Prohibited Activities and Locations......................................................................................6

19.55.070 Appeals .................................................................................................................................8

19.55.080 Violations..............................................................................................................................8

19.55.090 Suspension and Revocation ..................................................................................................9

19.55.010 Purpose
The purpose of this Chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public’s health, safety and welfare.

19.55.020 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.

19.55.030 Permit Required
A. Permit Required. No person shall engage in any sidewalk vendor activities within the City without first applying for and receiving a Sidewalk Vending Permit from the Community Development Director, or his or her designee, in accordance with this Chapter.

B. Business License Required. No person shall engage in any sidewalk vendor activities within the City without first applying for and receiving a valid business license issued by the City.

EXHIBIT “A”

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Revised March 10, 2020
Effective April 10, 2020

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C. Application Required. An written application for a Sidewalk Vending Permit shall be filed with the Community Development Director, or his or her designee, in a manner approved on a form provided by the City in accordance with Chapter 19.28.050 (Applications and Fees). and shall contain the following information:

1. The name, address, and telephone number of the person applying to become a sidewalk vendor;

2. The California driver’s license or identification number, individual taxpayer identification number, or municipal identification number (which shall not be available to the public for inspection, is confidential, and shall not be disclosed except as required to administer the permit or comply with a state law or state or federal court order);

3. The name, address, and telephone number of the person who will oversee any roaming sidewalk vendors, sidewalk vending activity and/or be responsible for the person(s) working at the sidewalk vending receptacle;

4. The name, address, and telephone number of all persons that will be employed as roaming sidewalk vendors or at a sidewalk vending receptacle;

5. The number of sidewalk vending receptacles the sidewalk vendor will operate within the City under the permit;

6. Whether the vendor intends to operate as a stationary sidewalk vendor or a roaming sidewalk vendor;

7.6. The location(s) in the City where the stationary sidewalk vendor intends to operate;

8. The day(s) and hours of operation the stationary sidewalk vendor intends to operate at such location(s);

9.7. The dimensions of the sidewalk vendor’s sidewalk vending receptacle(s), including a picture of each sidewalk vending receptacle operating under the permit;

10.8.Whether the sidewalk vendor will be selling food, merchandise, or both;

11.9.If the vendor is selling merchandise, a description of the merchandise to be sold;

12.10. If the sidewalk vendor is selling food, a description of the type of food to be sold, whether such foods are prepared on site, and whether the vendor requires a heating element to prepare the food;

13.11. If the vendor is 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, proof of the card and/or permit;

14.12. 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;

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Twentynine Palms City CouncilFebruary 13, 2024

Twentynine Palms City Council
February 13, 2024