Twentynine Palms City Council
February 27, 2024

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
(AMENDED AGENDA)
(Added item #3 – Presentation)
Tuesday, February 27, 2024
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Tuesday, February 27, 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 Orndorf.

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 the City 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.

2. Presentation to Reach Out Morongo Basin.

3. Presentation by Reach Out.

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.

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

5. Approval of Minutes of the City Council Meeting Held on February 7, 2024, February 9, 2024, and February 13, 2024.

City Council - Special Meeting with Closed Session - 07 Feb 2024 - Minutes - Pdf City Council - Special Meeting with Closed Session - 09 Feb 2024 - Minutes - Pdf City Council - Regular Meeting - WORKSHOP - 13 Feb 2024 - Minutes - Pdf 5 - 12

6. DCA -Article 3, Administration, Permits, and Procedures- Second Reading.

RECOMMENDATION: The City Council find the project exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment for Article 3, Administration, Permits, and Procedures
DCA -Article 3, Administration, Permits, and Procedures- Second Reading. - Pdf 13 - 111

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING- NONE

DISCUSSION AND POTENTIAL ACTION ITEMS

7. Single Audit Report on Federal Awards for Fiscal Year (FY) 2023-24.

RECOMMENDATION: The City Council receive and file.

Single Audit Report on Federal Awards for Fiscal Year (FY) 2023-24. - Pdf 113 - 132

8. Financial Report - Fiscal Year 2023-24 Mid-Year Budget Update - General Fund.

RECOMMENDATION: Staff is recommending the following actions:

1. City Council review and approve the proposed General Fund Budget amendments for FY 2023-24.

2. City Council approve the interfund transfer of $8,000 from the General Fund to the Traffic Safety Fund to close the fund.

Financial Report - Fiscal Year 2023-24 Mid-Year Budget Update - General Fund. - Pdf 133 - 185

9. Financial Report - Fiscal Year 2023-24 Mid-Year Budget Update - Capital Projects Funds and Special Funds.

RECOMMENDATION: Staff is recommending the following actions:

1. City Council review and approve the proposed Capital Projects Fund and Special Funds budget amendments for FY 2023-24.

2. City Council reallocate the funding left from closed projects to projects with unfunded balances, including IT equipment for the Luckie Park Pool, Luckie Park ballfield light poles, and project management costs for the Hatch/Sullivan bike path.

Financial Report - Fiscal Year 2023-24 Mid-Year Budget Update - Capital Projects Funds and Special Funds. - Pdf
187 - 221

10. Financial Report - Fiscal Year 2023-24 Mid-Year Budget Update - Project Phoenix Funds and Enterprise Fund.

RECOMMENDATION: Staff is recommending the following actions:

1. The City Council review and approve the proposed Project Phoenix Funds and Enterprise Fund budget amendments for FY 2023-24.

2. The City Council provide policy direction on the remaining funds from the overall Project Phoenix Project.

Financial Report - Fiscal Year 2023-24 Mid-Year Budget Update - Project Phoenix Funds and Enterprise Fund. - Pdf
223 - 243

11. Community Events Grants.

RECOMMENDATION: The Events Ad Hoc Committee is recommending the following events to be funded; $15,000 in total:

1. 29 Palms Art Gallery Gala Dinner - $10,000;

2. Sky's the Limit Observatory & Nature Center Ongoing Programs - $5,000 Community Events Grants. - Pdf
245 - 247

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.

3. General Plan Review.

4. Discussion on the possibility of moving the 29! sign from Donnell Hill to Freedom Plaza.

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

ADJOURN TO CLOSED SESSION

CLOSED SESSION
A “Closed” Session of the City Council may be held in accordance with state law which may include, but is not limited to, the following types of items: personnel matters, labor negotiations, security matters, providing instructions to real property negotiators and conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Hall Conference Room located at 6136 Adobe Road, Twentynine Palms, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 6136 Adobe Road, Twentynine Palms, California.

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

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 22, 2024.

Cindy Villescas CMC, City Clerk Time/Date

TWENTYNINE PALMS CITY COUNCIL
City Council - Special Meeting with Closed Session MINUTES 74325 Joe Davis Drive Twentynine Palms, CA 92277
www.29palms.org
February 7, 2024

CLOSED SESSION AGENDA
8:00 A.M.

CALL TO ORDER - Mayor Bilderain called the meeting to order at 8:05 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 - Mayor Bilderain adjourned to Closed Session at 8:06 a.m.

CLOSED SESSION

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

The City Council returned to open session at 11:55 a.m. Mayor Bilderain announced there was no reportable action taken.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 12:06 p.m.

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

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

CLOSED SESSION AGENDA
8:00 A.M.

CALL TO ORDER - Mayor Bilderain called the meeting to order at 9:00 a.m.

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

PUBLIC COMMENTS - There were no comments from the public.

ADJOURN TO CLOSED SESSION - Mayor Bilderain adjourned the Closed Session at 9:01 a.m.

CLOSED SESSION

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

The City Council returned to open session at 11:44 a.m. Mayor Bilderain announced that there was no reportable action taken.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 12:02p.m.

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

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting - WORKSHOP MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
February 13, 2024
Community Development Block Grant (CDBG) Presentations for 2024-2025.

1. 2024/2025 CDBG Workshop Presentations.

RECOMMENDATION: The City Council open the presentations and listen to the four presenters' requests for CDBG funding for Fiscal Year 2024-2025.

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

Pledge of Allegiance - Mr. Chuck Uyeda led the Pledge of Allegiance.

Invocation - Rev. Amy Miranda gave the Invocation.

Roll Call - The following Councilmembers were present - Klink, Scott, Bilderain. Councilmembers Mintz and Wright had an excused absence.

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

This presentation was moved to the next meeting on February 27, 2024.

2. Proclamation Recognizing February 2024 as American Heart Month.

Mayor Bilderain read the Proclamation and then presented it to Ms.Kathy Alkire, Morongo Basin Healthcare District Community Outreach Nurse Educator.

3. Proclamation Recognizing February 2024 as Black History Month.

Mayor Bilderain read the Proclamation and then presented it to Mrs. Karmolette O'Gilvie, former Councilmember and Mayor.

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

Ms. Anna Stump, PAAC Chair and Mr. Paul Razzo gave a presentation on the 29! sculpture. Breanne Dusastre, TBID Marketing Director, also provided input.

City Council - Regular Meeting - WORKSHOP
February 13, 2024

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he attended the Grand Opening and Ribbon Cutting Ceremony for "Fishalicious", a new restaurant in the downtown area and he has been busy, as have the other Councilmembers, interviewing for the City Manager position.

Mayor Pro Tem Klink commented that he also did the same things that Councilmember Scott mentioned. He wished everyone in Twentynine Palms celebrating a birthday in February, a Happy Birthday, especially Councilmember Scott.

Mayor Pro Tem Klink sang Happy Birthday to Councilmember Scott.

Mayor Bilderain mentioned that like his fellow Councilmembers, he has been busy with meetings and interviews, he attended the Ribbon Cutting Ceremony for "Fishalicious,” and he attended the Community Leadership Luncheon aboard the Base.

CONSENT CALENDAR

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.

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

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.

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.

ACTION: A motion was made by Councilmember Scott, seconded by Mayor Pro Tem Klink to approve the Consent Calendar as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: KLINK, SCOTT, BILDERAIN
NOES: NONE
ABSTAIN: NONE
ABSENT: MINTZ, WRIGHT
ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION - None.

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.

Community Development Director Gardner presented the Staff Report.

City Council - Regular Meeting - WORKSHOP
February 13, 2024
Mayor Bilderain opened the Public Hearing.

Having no requests to speak, Mayor Bilderain closed the Public Hearing.

ACTION: A motion was made by Mayor Pro Tem Klink, seconded by Councilmember Scott to approve the Development Code amendment for Article 3 Administration, Permits and Procedures.

The above motion was carried by the following:

ROLL CALL VOTE:

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

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.

City Clerk Villescas presented the Staff Report.

The consensus of the City Council is to have Mayor Pro Tem Klink be the Delegate and Councilmember Scott as the Alternate Delegate. All Councilmembers were in favor.

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.

Information Services Director Eli Marshall presented the Staff Report.

ACTION: A motion was made by Mayor Pro Tem Klink, seconded by Councilmember Scott to 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. Mayor Pro Tem Klink added a stipulation requesting that Staff does not forget about the rehabilitation of the Animal Shelter.

The above motion was carried by the following:

ROLL CALL VOTE:

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

City Council - Regular Meeting - WORKSHOP
February 13, 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 Scott asked that the City Council take a look at the General Plan. Mayor Pro Tem Klink seconded the item.

Councilmember Scott asked that the City Council take a look at the 29! Sign and the possibility of moving it to Freedom Plaza. Mayor Pro Tem Klink seconded the item.

PUBLIC COMMENTS
Susan Peplow, Joshua Tree, commented that she hopes the City Council considers adding reworking the TBID Ordinance to an agenda.

Mary Jane Binge, Twentynine Palms, commented on the graffiti on business walls all around the City. She also mentioned an abandoned home on Gorgonio that is boarded up and an eye sore. She commented on the 29! sign and how many residents are in favor of keeping the sign where it is, and she is one of them.

Chuck Uyeda, Twentynine Palms, commented on his concern on Two Mile Road between Adobe Road and Encelia Avenue. He mentioned that there are people that pass other vehicles by using the turn lane at a high rate of speed. He asked that the City Council consider putting some markings in the turn lane which say "No Passing".

CITY MANAGER UPDATE
Interim City Manager Bowden commented that the Church of Jesus Christ of Latter-Day Saints out of Utah donated 27,000 pounds of food to our city and City Staff assisted in unloading the truck and storing the food at the Public Works yard before distribution the next day. This food was distributed throughout the Morongo Basin.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 6:48 p.m.

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

STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Feb 27 2024
SUBJECT: DCA -Article 3, Administration, Permits, and Procedures- Second Reading.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance, approving 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
Receive Public Comment
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 February 13, 2024, the City Council held a public hearing on and approved the following modifications to Article 3, Article 3, Administration, Permits and Procedures. On October 17, 2023 and December 05, 2023, the Planning Commission held Public Hearings on modifications to the following Chapters of Article 3 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.

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 adoption to a date certain.

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

3. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

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

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

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:

COUNCILMEMBER:

COUNCILMEMBER:

COUNCILMEMBER:

Cindy Villescas CMC, City Clerk

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-1 and Common Procedures Chapter 19.28 Approval Requirements and Common Procedures Sections

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”

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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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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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

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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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.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
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d. The deadlines, criteria and fees for filing an appeal.

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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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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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.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
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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.

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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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:

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016 Approval Requirements
Effective August 25, 2016 Page 19.28-13 and Common Procedures a. Applicability. A major amendment is a substantive change of a previously approved permit.

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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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.

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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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.

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

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
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.

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.

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

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

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

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

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

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

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

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

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
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

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.

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.

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.

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).

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

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).

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.

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.

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

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.

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).

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).

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.

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.

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.

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.

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).

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).

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.

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.

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.

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.

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.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
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.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
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).

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Effective August 25, 2016 Page 19.48-4 Specific Plan

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

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

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

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

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

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

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

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

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

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

Chapter 19.55 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”

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

C. 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;

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

15. Proof of insurance listing the City as an "Additionally Insured" by the submission of an "Additional Insured Endorsement" and establishing a minimum liability amount of $1 million dollars. Said policies shall provide for thirty (30) days' prior written notice to the City of cancellation or material change;

16.13. An acknowledgment that the sidewalk vendor will comply with all other generally applicable local, state, and federal laws;

17.14. A certification that, to his or her knowledge and belief, the information contained within the application is true and correct;

18. An agreement by the sidewalk vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s sidewalk vending activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;

19.15. An acknowledgement that the sidewalk vendor’s use of public property is at their own risk, the City does not take any steps to ensure public property is safe or conducive to the sidewalk vending activities, and the sidewalk vendor uses public property at his or her own risk;

20.16. Any other relevant information required by the Community Development Director.

D. Application and Permit Fees. Each application for a Sidewalk Vending Permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application. a. A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:
b. As provided under the California Business and Professions Code, Section 16102: “Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore.”

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

19.55.040 Issuance of Permit
A. Within thirty (30) calendar days of receiving a complete application, the Community Development Director may issue a Sidewalk Vending Permit, with appropriate conditions, as provided for herein, if he or she finds based on all the relevant information that:

1. The sidewalk vendor has paid all previous administrative fines and completed any other alternative disposition associated in any way with a previous violation of this Chapter;

2. The sidewalk vendor has not had a permit revoked within a twelve month period;

3. The sidewalk vendor’s application contains all required information;

4. The sidewalk vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;

5. The sidewalk vendor has satisfied all the requirements of this Chapter;

6. The sidewalk vendor has paid all applicable fees as set by City Council resolution;

7. The sidewalk vendor’s sidewalk vending receptacle and proposed activities conform to the requirements of this Chapter;

8. The vendor has satisfactorily provided all information requested by the Community Development Director to consider the vendor’s application.

B. A Sidewalk Vending Permit is non-transferable. Any change in ownership or operation of a sidewalk vendor or sidewalk vending receptacle requires a new permit under this Chapter.

C. All permits issued under this Chapter, regardless of when issued, are valid for a one year period.

D. The permit issued to a successful applicant shall contain the signature of the Community Development Director, the type of permit issued, the kind of goods to be sold there under, the date of issuance and the expiration date.

19.55.050 Operating Conditions
All sidewalk vendors are subject to the following operating conditions when conducting sidewalk vending activities:

A. All food and merchandise shall be stored either inside or affixed to the sidewalk vendor receptacle or carried by the sidewalk vendor. Food and merchandise shall not be stored, placed, or kept on any public property. If affixed to the sidewalk vendor receptacle, the overall space taken up by the sidewalk vendor receptacle shall not exceed the size requirements provided in thissection.

B. While conducting sidewalk vending activities, sidewalk vendors must always carry their current Sidewalk Vending Permit, which is issued as a letter.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

C. Sidewalk vendors shall not leave their sidewalk vending receptacle unattended to solicit business for their sidewalk vending activities. Sidewalk vending receptacles shall not be stored on public property and shall be removed when not in active use by a vendor.

D. No sidewalk vending receptacle shall be motorized.

E. If a sidewalk vending receptacle requires more than one (1) person to conduct the sidewalk vending activity, all sidewalk vendors associated with the sidewalk vending receptacle shall be within five (5) feet of the sidewalk vending receptacle when conducting sidewalk vending activities.

F. Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. The size of the vendor’s trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle.

Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.

G. Sidewalk vendors shall maintain a minimum four (4) foot clear accessible path free from obstructions, including sidewalk vending receptacles and customer queuing area.

H. Sidewalk vendors shall not vend to or otherwise conduct transactions with persons in moving vehicles or vehicles illegally parked or stopped.

I. Sidewalk vendors shall immediately clean up any food, grease or other fluid or item related to sidewalk vending activities that falls on public or private property.

J. The conduct of the sidewalk vendor shall will not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
K. The conduct of the sidewalk vendor shall will not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor; L. The conduct of such sidewalk vending activity shall will not constitute a fire hazard, and all proper safety precautions shall will be taken;
M. The conduct of such sidewalk vending activity shall will not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;
N. The size of the sidewalk vending receptacle shall be limited to a maximum width of four feet and a maximum length of six feet.

O. No external power of plumbing is allowed. The sidewalk vending receptacle shall be completely selfcontained.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

19.55.060 Prohibited Activities and Locations
A. Sidewalk vendors shall comply with all operating conditions, including those conditions set forth in Section 19.55.050.

B. Sidewalk vendors shall not engage in any of the following activities:

1. Renting merchandise to customers;

2. Displaying merchandise or food that is not available for immediate sale;

3. Selling of adult-oriented material, cannabis, tobacco, or alcohol;

4. Using an open flame on or within any sidewalk vending receptacle;

5. In residential areas, all stationary sidewalk vending is prohibited.

6. In residential areas, roaming sidewalk vending activity is prohibited between the hours of 6:00 p.m. or sunset, whichever is earlier, and 9:00 a.m. of the following day. All sidewalk vendors are prohibited from using any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to food or merchandise offered for sale.

7. Continuing to offer food or merchandise for sale, following, or accompanying any person who has been offered food or merchandise after the person has asked the vendor to leave or after the person has declined the offer to purchase food or merchandise;

8. Knowingly making false statements or misrepresentations during the course of offering food or merchandise for sale;

9. Blocking or impeding the path of the person(s) being offered food or merchandise to purchase; C. Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

1. Within twelve (12) inches of any curb face on all roads.

2. Within fifteen (15) feet of any entrance or exit to a building, structure or facility.

3. On any designated emergency vehicle access way.

4. Any public property that does not meet the definition of a sidewalk or pathway including without limitation any alley, street, roadway or parking lot;

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

5. Within the immediate vicinity of an area designated for a temporary use permit issued by the City, during the limited duration of the temporary use permit. If the City provides any notice, business interruption mitigation, or other rights to affected businesses or property owners under the City’s temporary special permit, such notice will also be provided to any sidewalk vendors specifically permitted to operate in the area, if applicable; or

6. Sidewalk vendors shall not engage in sidewalk vending activities within fifty (50) feet of another sidewalk vendor.

7. Sidewalk vendors shall not engage in sidewalk vending activities within one hundred (100) feet of a school, a place of worship, or a child daycare facility.

8. Sidewalk vendors shall not engage in sidewalk vending activities within two hundred (200) feet of a permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet, unless they are an approved vendor in the market or the swap meet.

9. Stationary sidewalk vending activities shall only occur on sidewalks or pathways with a minimum width of eight (8) feet or larger.

10. Sidewalk vendors shall not engage in sidewalk vending activities within twenty-five (25) feet of a:
a. Fire hydrant;
b. Curb which has been designated as yellow or red zone, or a bus zone; c. Automated teller machine;
d. Driveway, alley, or street corner;

11. Sidewalk vendors shall not engage in sidewalk vending activities that would violate provisions of this Code relating to visibility requirements for streets, alleys, driveways, and intersections.

12. Stationary sidewalk vendors shall not sell food or merchandise or engage in any sidewalk vending activities at any park where the City has signed an agreement for concessions that exclusively permits the sale of food or merchandise by a concessionaire.

13. Sidewalk vendors shall not vend in pocket parks located in residential areas. These parks are small by design and any vending or commercial activity in these pocket parks shall prevent the public from enjoying the natural resources and recreational opportunities in the pocket parks. A prohibition on sidewalk (and all other) vending in these pocket parks will prevent an undue concentration of commercial activity that unreasonably interferes with the scenic and natural character of the park. These parks are situated adjacent to individual residences, and sidewalk

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

vending activity will result in increased traffic, noise, and crowding, resulting in health, welfare, and safety issues.

14. On any sidewalk with a gradient in excess of ten percent (10%).

15. Within two hundred (200) feet of any public safety facility, including without limitation police stations and fire stations.

16. On any sidewalk where vending equipment and queuing patrons would restrict access requirements under the Americans with Disabilities Act.

17. On any sidewalk where vending equipment and queuing patrons would jeopardize life safety of any person.

D. Sidewalk vending receptacles shall not touch, lean against or be affixed at any time to any building or structure including, but not limited to lampposts, parking meters, mailboxes, traffic signals, fire hydrants, benches, bus shelters, newsstands, trashcans, or traffic barriers.

19.55.070 Appeals
A. Decisions to deny an application for a permit may be appealed by any interested person. Any appeal of a decision regarding a Sidewalk Vending Permit application shall be filed in accordance with Chapter

19.28.120 (Appeals) Approval Requirements and Common Procedures) of this Code.

B. Administrative fines, assessed by means of an administrative citation, may be appealed by the recipient.

Any appeal of an administrative citation regarding a Sidewalk Vending Permit shall be filed in accordance with Chapter 19.144 (Administrative Citations) of this Code.

19.55.080 Violations
A. Violations of this Chapter shall not be prosecuted as infractions or misdemeanors and shall only be punished by administrative fines.

B. In addition to the procedures from Chapter 19.144 (Administrative Citations), the following apply to this Chapter only:

1. The enforcement officer shall provide the recipient of an administrative citation with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. If the person meets the criteria described in subdivision (a) or (b) of Government Code Section 68632, or any successor section, the City shall accept, in full satisfaction, twenty percent (20%) of the administrative fine imposed pursuant to this Chapter.

2. The enforcement officer may waive the administrative fine or may offer an alternative disposition.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

3. The Community Development Director, or his or her designee, may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations.

19.55.090 Suspension and Revocation
A. A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).

B. Fees for revoked permits are not refunded.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,

Chapter 19.56 Transient Selling, Peddling, and Soliciting Permits
Sections:

Sections:........................................................................................................................................................1

19.56.010 Purpose..................................................................................................................................1

19.56.020 Definitions.............................................................................................................................1

19.56.030 Permit Required ....................................................................................................................1

19.56.040 Issuance of Permit.................................................................................................................4

19.56.050 Operating Conditions............................................................................................................5

19.56.060 Prohibited Activities and Locations......................................................................................6

19.56.070 Appeals .................................................................................................................................7

19.56.080 Violations..............................................................................................................................7

19.56.090 Suspension and Revocation ..................................................................................................7

19.56.010 Purpose
The purpose of this Chapter is to establish standards and a permit process for the regulation of transient selling, peddling, and soliciting activities in the City. This Chapter shall not apply to sidewalk vending activities, which are subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit), or mobile food truck vending activities, which are subject to the provisions of Chapter 19.57 (Mobile Food Truck Vending Permit).

19.56.020 Definitions
Please refer to Chapter 19.06 (Definitions) of this Code for definitions of terms and phrases used in this Chapter. If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.

19.56.030 Permit Required
A. Permit Required. No person shall engage in any transient selling, peddling, or soliciting activities within the City without first applying for and receiving a permit from the Community Development Director, or his or her designee, in accordance with this Chapter, except for the following:

1. All religious, nonprofit and charitable organizations shall be exempt from the requirements of this Chapter, provided a copy of the “Solicitation and Sale for Charitable Purposes Card” and a copy of the information requested by California Business and Professions Code Section 17510.3 is filed with the City’s Planning Department.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,

2. Sidewalk vending activities subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit).

3. Mobile food truck vending activities subject to the provisions of Chapter 19.57 (Mobile Food Truck Vending Permit).

4. Any temporary fair, show, or exhibition of arts, crafts or similar handiwork subject to the provisions of Chapter 19.110 (Farmers Market Uses), or citywide celebrations, observances or special events, or a separate event approved under a Conditional Use Permit, Temporary Use Permit or Administrative Use Permit, such as an annual sidewalk or parking lot sale, shall be exempt from this Chapter.

5. Yard and garage sales (not exceeding four per year at one location) shall be exempt from the provisions of this Chapter.

6. The sale of agricultural or food products made, raised or grown by the salesperson on his/her premises shall be exempt from this Chapter, provided that such sales take place on the premises of the salesperson, .

7. The terms of this Chapter do not include the acts of persons selling personal property at wholesale to dealers, nor to paper carriers, nor to the acts of merchants or their employees engaged solely in the act of transporting for delivery merchandise preordered from said business via the phone, Internet or at the licensed business in the regular course of business. Ancillary soliciting or peddling activities shall not be allowed prior to or following the delivery of said preordered merchandise unless in conformance to all provisions of this Chapter. Nothing contained in this Chapter prohibits any sale required by statute or by order of any court, or to prevent any person conducting a bona fide auction sale pursuant to law.

8. Vendors, merchants, exhibitors and salesmen who exhibit, demonstrate or solicit orders for goods or merchandise in conjunction with, and as part of, the organized program of conventions, professional meetings, trade association meetings, seminars or other similar meetings held at hotels, motels or public or private meeting areas in the City shall be exempt from the provisions of this Chapter.

9. Any person having a fixed place of business in the City, for which a valid Business License is held, shall not be required to obtain a permit for transient selling, peddling, or soliciting activities issued under this Chapter provided that such activity is related to or for the benefit of such place of business and is located upon the same premises as the licensed business.

10. Any commercial traveler whose business is limited to merchandise sold at wholesale to local retailers.

11. Any persons engaged in solicitation for the benefit of a political candidate or otherwise engaged in any activity protected by the First Amendment of the Constitution.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,

B. Business License Required. No person shall engage in any transient selling, peddling, or soliciting activities within the City without first applying for and receiving a valid business license issued by the City.

C. Application Required. An application for a Transient Selling, Peddling, and Soliciting permit shall be filed with the Community Development Director, or his or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees).A written application for a permit shall be filed with the Community Development Director, or his or her designee, at least thirty (30) days prior to the date upon which the applicant desires to begin his/her business, on a form provided by the City and shall contain the following information:

C.

1. The name, address, and telephone number of the applicant;

2. The name, address, and telephone number of all persons involved in the activity;

3. The general location in which the applicant intends to do business (if the location is to change during the permit period, the applicant must so state on the application) and, if any one or more vehicles are to be used, a description of the same, together with license number and other means of identification;

4. A brief description of the nature of the business and goods shown for sale or for future delivery;

5. The particular manner and means by which he/she intends to sell his/her goods or take orders;

6. The start date, end date, and the length of time, day(s), and hours of operation for which the individual or corporation intends to conduct the business activity;

7. If employed, the name, address and telephone number of the employer, together with credentials establishing the exact relationship between the employer and employee;

8. The most recent cities and/or towns, not to exceed three, where the applicant carried on business immediately preceding date of City application and the address from which such business was conducted in those municipalities;

9. Copy of current driver’s license for applicant and all persons involved in the activity;

10. If selling or offering for sale any produce or other food item for which a County food handler card and/or County health permit are required, a copy of the card and/or permit;

11. Copy of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, or a statement explaining why the applicant is exempt from such permit requirement, which shall be maintained during the pendency of the permit;

12. Proof of insurance listing the City as an "Additionally Insured" by the submission of an "Additional Insured Endorsement" and establishing a minimum liability amount of $1 million dollars. Said policies shall provide for thirty (30) days' prior written notice to the City of cancellation or material

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,

change;

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,

13. A certification that, to his or her knowledge and belief, the information contained within the application is true and correct;

14. An agreement by the applicant to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the applicant’s activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;

15. Any other information deemed by the Planning Department to be necessary to protect the health, safety and welfare of the City.

D. Application and Permit Fees. Each application for a permit issued under this Chapter shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application.

1. A discount of 50 percent shall be applied to the permit fee for the issuance of a permit to the following:
a) Any person who is physically disabled or blind. (A physician’s statement certifying the applicant’s condition shall be submitted with the application.)

2. A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:
a) As provided under the California Business and Professions Code, Section 16102: “Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore.”

19.56.040 Issuance of Permit
A. The Community Development Director, or his or her designee, is authorized to approve or deny applications for a permit issued under this Chapter, as set forth herein:

1. The applicant has paid all previous administrative fines and completed any other alternative disposition associated in any way with a previous violation of this Chapter;

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,

2. The applicant has not had a permit revoked within the past twelve months;

3. The applicant’s application contains all required information;

4. The applicant has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;

5. The applicant has satisfied all the requirements of this Chapter;

6. The applicant has paid all applicable fees as set by City Council resolution;

7. The applicant’s proposed activities conform to the requirements of this Chapter;

8. The applicant has satisfactorily provided all information requested by the Community Development Director to consider the applicant’s application.

9. The permittee shall inform the City in writing of any change in the information listed on the permit application.

10. Transient selling activities on any private property requires the express written consent of the owner.

B. Permits issued under this Chapter are non-transferrable.

C. All permits issued under this Chapter shall be issued for a period of one year, subject to the applicable requirements of this Chapter and shall be renewable for successive periods of one year upon the payment of the annual permit fee.

D. The permit issued to a successful applicant shall contain the signature of the Community Development Director, the type of permit issued, the kind of goods to be sold there under, the date of issuance and the expiration date.

19.56.050 Operating Conditions
All permittees are subject to the following operating conditions when conducting transient selling, peddling, and soliciting activities:

A. Permits issued under this Chapter for transient sellers may be used for a period not to exceed 90 days total within any twelve month period. Permits under this Chapter for peddling and soliciting may be used for a period not to exceed 180 days within any twelve month period.

B. If operating from a fixed location, a restroom facility shall be available on-site.

C. A permit will authorize the permittee to sell, peddle, or solicit only at the location(s) specified and only during the time(s) designated in the application.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,

D. The conduct of the transient selling, peddling, or soliciting activities shall not interfere with the free flow of vehicular or pedestrian traffic.

E. The permittee and all agents of the permittee engaging in the activity shall carry a copy of the permit, which is issued as a letter, on his/her person at all times while engaged in the peddling, transient selling, or soliciting activity, and shall present it upon request by any authorized officer or inspector.

F. Nothing within the content of this Code shall prohibit or preclude a property owner (whether a business or residential property) from requesting that any permittee engaging in the peddling or soliciting activity immediately leave their premises.

G. The conduct of the applicant shall not unduly interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
H. The conduct of the applicant shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the permittee; I. The conduct of the applicant’s activity shall not constitute a fire hazard, and all proper safety precautions will be taken;
J. The conduct of the applicant’s activity shall not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

19.56.060 Prohibited Activities and Locations
A. All permittees shall comply with all operating conditions, including those conditions set forth in Section

19.56.050.

B. Permittees shall not engage in any of the following activities:

1. Selling of adult-oriented material, cannabis, tobacco, or alcohol.

2. It shall be unlawful for any person, regardless of age, to peddle, solicit, or conduct transient selling activities between the hours of 8:00 p.m. and 8:00 a.m. each day unless such person has, between the hours of 8:00 a.m. and 8:00 p.m. of each day, obtained advance consent from a person residing at such residence or business.

3. All permittees are prohibited from using any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to goods, services, or merchandise offered for sale.

4. Knowingly making false statements or misrepresentations during the course of offering goods, services, or merchandise for sale.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020
Transient Selling, Peddling,

5. Blocking or impeding the path of the person(s) being offered goods, services, or merchandise to purchase.

6. Making any statements, gesture, or other communication which a reasonable person in the situation of the person(s) being offered goods, services, or merchandise to purchase would perceive to be a threat and which has a reasonable likelihood to produce in the person(s) a fear that the threat will be carried out.

7. Touching the person(s) being offered to purchase goods, services, or merchandise without that person(s)’ consent.

19.56.070 Appeals
A. If the Community Development Director refuses to issue a permit pursuant to provisions of this Chapter, the applicant may appeal the refusal to the Planning Commission. If the Planning Commission refuses to issue a permit pursuant to provisions of this Chapter, the applicant may appeal the refusal to the City Council.

B. Any appeal of any decision regarding a permit issued under this Chapter shall be filed in accordance with Chapter 19.28.120 (Appeals) Approval Requirements and Common Procedures) of this Code.

19.56.080 Violations
Conduct of any peddling, transient selling, or soliciting activity by persons not obtaining a permit shall constitute a violation. The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors. Response to violations shall be in accordance with Section 19.28.150 (Violations and Enforcement).

19.56.090 Suspension and Revocation
C. A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).

D. Fees for revoked permits are not refunded.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

Chapter 19.57 Mobile Food Truck Vending Permit
Sections:

Sections:........................................................................................................................................................1

19.57.010 Purpose..................................................................................................................................1

19.57.020 Definitions.............................................................................................................................1

19.57.030 Permit Required ....................................................................................................................1

19.57.040 Issuance of Permit.................................................................................................................3

19.57.050 Operating Conditions............................................................................................................4

19.57.060 Prohibited Activities and Locations......................................................................................6

19.57.070 Appeals .................................................................................................................................6

19.57.080 Violations..............................................................................................................................6

19.57.090 Suspension and Revocation ..................................................................................................7

19.57.010 Purpose
The purpose of this Chapter is to establish a permitting and regulatory program for mobile food truck vending in the City. Mobile food trucks are intended to vend at various locations and events and not intended to operate in a permanent location in lieu of a permanent structure. This Chapter shall not apply to sidewalk vending activities, which are subject to the provisions of Chapter 19.55 (Sidewalk Vending Permit).

19.57.020 Definitions
For this Chapter, the definition for “Person” means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the City. Please refer to Chapter 19.06 (Definitions) of this Code for all other definitions of terms and phrases used in this Chapter.

If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.

19.57.030 Permit Required
A. Permit Required. No person shall engage in mobile food truck vending within the City without first applying for and receiving a Mobile Food Truck Vending Permit from the Community Development Director, or his or her designee, in accordance with this Chapter, except when:

1. The mobile food truck is associated with the operation of a City-permitted special event, subject to the conditions thereof.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

2. The mobile food truck is limited to a single mobile food truck located temporarily on private property operating solely for private catering purposes.

B. Business License Required. No person shall engage in any mobile food truck vending within the City without first applying for and receiving a valid business license issued by the City.

C. Application Required. An application for a Mobile Food Truck Vendor permit shall be filed with the Community Development Director, or his or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees)A written application for a Mobile Food Truck Vending Permit shall be filed with the Community Development Director, or his or her designee, on a form provided by the City and shall contain the following information:

1. The name, address, and telephone number of the person applying to become a mobile food truck vendor;

2. The name, address, and telephone number of the person who will oversee and/or be responsible for the person(s) working at the mobile food truck;

3. The name, address, and telephone number of all persons that will be employed at the mobile food truck;

4. Description of the type of food to be sold and the food preparation methods;

5. The location(s) in the City where the vendor intends to operate;

6. The day(s) and hours of operation the vendor intends to operate at such location(s);

7. The dimensions of the mobile food truck, including a picture of the mobile food truck;

8. Copy of current driver’s license and vehicle registration;

9. Proof of his or her possession of a valid County health permit;

10. Proof of his or her possession of a valid California Department of Tax and Fee Administration seller’s permit, which shall be maintained during the pendency of the permit;

11. Proof of insurance listing the City as an "Additionally Insured" by the submission of an "Additional Insured Endorsement" and establishing a minimum liability amount of $1 million dollars. Said policies shall provide for thirty (30) days' prior written notice to the City of cancellation or material change;

12. An acknowledgment that the vendor will comply with all other generally applicable local, state, and federal laws;

13. A certification that, to his or her knowledge and belief, the information contained within the application is true and correct;

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

14. An agreement by the vendor to defend, indemnify, release and hold harmless the City, its City Council, boards, commissions, officers and employees from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney’s fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to the permit or the vendor’s mobile food truck activities. This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys’ fees, and other expenses incurred in connection with such claim, action, or proceeding whether incurred by the permittee, City, and/or the parties initiating or bringing such proceeding;

15. An acknowledgement that the vendor’s use of public property is at their own risk, the City does not take any steps to ensure public property is safe or conducive to the mobile food truck vending activities, and the vendor uses public property at his or her own risk;

16. Any other relevant information required by the Community Development Director.

D. Application and Permit Fees. Each application for a Mobile Food Truck Vending Permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application. a. A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:
b. As provided under the California Business and Professions Code, Section 16102: “Every soldier, sailor or Marine of the United States who has received an honorable discharge or a release from active duty under honorable conditions from such service may peddle and vend any goods, wares or merchandise owned by him, except spirituous, malt, vinous or other intoxicating liquor, without payment of any license, tax or fee whatsoever, whether municipal, county or State, and the board of supervisors shall issue to such soldier, sailor or Marine, without cost, a license therefore.”

19.57.040 Issuance of Permit
A. Within thirty (30) calendar days of receiving a complete application, the Community Development Director may issue a Mobile Food Truck Vending Permit, with appropriate conditions, as provided for herein, if he or she finds based on all the relevant information that:

1. The vendor has paid all previous administrative fines associated in any way with a previous violation of this Chapter;

2. The vendor has not had a permit revoked within a twelve-month period;

3. The vendor’s application contains all required information;

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

4. The vendor has not made a materially false, misleading, or fraudulent statement of fact to the City in the application process;

5. The vendor has satisfied all the requirements of this Chapter;

6. The vendor has paid all applicable fees as set by City Council resolution;

7. The vendor’s vehicle and proposed activities conform to the requirements of this Chapter;

8. The vendor has satisfactorily provided all information requested by the Community Development Director to consider the vendor’s application.

B. A Mobile Food Truck Vending Permit is non-transferable. Any change in ownership or operation of a mobile food truck requires a new permit under this Chapter.

C. All permits issued under this Chapter, regardless of when issued, expire within one year of the date they were issued.

D. The permit issued to a successful applicant shall contain the signature of the Community Development Director, or his or her designee, the type of permit issued, the kind of food to be sold there under, the date of issuance and the expiration date.

19.57.050 Operating Conditions
All mobile food truck vendors are subject to the following operating conditions when conducting mobile food truck vending:

A. The Mobile Food Truck Vending Permit, which is issued as a letter, shall be displayed conspicuously at all times on the food truck.

B. Mobile food trucks shall not idle vehicle engines more than five minutes during any one-hour time period.

C. Mobile food truck operators shall be responsible for controlling smoke and odors caused by food preparation.

D. Mobile food trucks may operate in legal parking spaces located adjacent to Commercial and Industrial Zoning Districts, or in active construction sites, provided they comply with all the following minimum standards and conditions:

1. Mobile food trucks shall be parked directly adjacent to a sidewalk, free and clear for pedestrian passage, or within a parking lot with adequate pedestrian clearance.

2. The mobile food truck shall be in full compliance with all parking and vehicle Code provisions which apply to the location at which it is parked, including the maximum allowed parking time limit for the parking space(s) occupied.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

3. The mobile food truck operations shall not obstruct pedestrian or vehicular traffic.

4. The mobile food truck operator shall not encroach onto a public sidewalk with any part of the vehicle or any other equipment or furniture related to the operation of its business, except for required trash receptacles, provided they maintain a clear four-foot pedestrian walkway.

5. No mobile food truck operator shall conduct business unless he or she maintains a clearly designated trash receptacle(s) in the immediate vicinity of the vehicle. Such receptacles shall be marked with a sign requesting use by patrons. Prior to leaving the location, the mobile food truck operator shall pick up, remove and dispose of all trash generated by the mobile food truck operations within 100 feet of the truck. Mobile food truck operators shall not empty their trash into public trashcans.

6. No mobile food truck shall operate in such a way that would violate provisions of this Code relating to visibility requirements for streets, alleys, driveways, and intersections.

E. Mobile food trucks may operate on private properties in Commercial and Industrial Zoning Districts pursuant to the following minimum standards and conditions:

1. Separate trash containers shall be provided on site during all hours of mobile food truck operations.

All litter generated within a minimum of a 100-foot radius of the site shall be collected prior to closure of the mobile food truck operations.

2. A maximum 200-square-foot uncovered seating area may be provided to serve patrons of the mobile food truck. All seating areas shall be removed prior to close of business for the day. The seating shall be located in an area of the site that is not landscaped, reserved, encumbered, or designated to satisfy the off-street parking of a business or activity that is operating at the same time as the mobile food truck, and shall not obstruct any pedestrian or vehicular traffic.

F. No temporary lighting shall be provided on the site where the mobile food truck is operating, except that localized lighting may be used on or in the mobile food trucks for the purpose of inside food preparation and menu illumination, except as otherwise permitted for a special event.

G. The conduct of such vending shall not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;
H. The conduct of such vending shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor; I. The conduct of such vending shall not constitute a fire hazard, and all proper safety precautions will be taken;

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

J. The conduct of such vending shall not require the diversion of police officers to properly police the area of such activity as to interfere with normal police protection for other areas of the City;

19.57.060 Prohibited Activities and Locations
A. Mobile food truck vendors shall comply with all operating conditions, including those conditions set forth in Section 19.57.050.

B. Mobile food truck vendors shall not engage in any of the following activities:

1. Selling of adult-oriented material, cannabis, tobacco, or alcohol;

2. Mobile food trucks shall not use any sound amplifier or loudspeaker for the purpose of advertising or attracting attention to the food truck, except for ice cream trucks between the hours of 9:00 a.m. and 8:00 p.m., provided that said amplified sound is turned off during sales.

C. Mobile food truck vendors shall not engage in mobile food truck vending at the following locations:

1. No mobile food truck shall operate within two hundred (200) feet of a permitted certified farmers’ market or swap meet during the limited operating hours of that certified farmers’ market or swap meet, unless the food truck is an approved vendor in the market or swap meet.

2. No mobile food truck shall operate within two hundred (200) feet of any off-street mobile food truck event, City-permitted special or reoccurring event. Exceptions to this prohibition are allowed when consent is provided within the special event permit.

2.3. No mobile food truck shall operate on public parking spaces on streets rated for 35 MPH or faster.

3.4. In residential areas, mobile food truck vending is prohibited, with the exception of ice cream trucks.

19.57.070 Appeals
A. If the Community Development Director refuses to issue a permit pursuant to provisions of this Chapter, the applicant may appeal the refusal to the Planning Commission. If the Planning Commission refuses to issue a permit pursuant to the provisions of this Chapter, the applicant may appeal the refusal to the City Council.

B. Any appeal of any decision regarding a Mobile Food Truck Vending Permit shall be filed in accordance with Chapter 19.28.120 (Appeals) Approval Requirements and Common Procedures) of this Code.

19.57.080 Violations
Conduct of any mobile food truck vending by persons not obtaining a permit shall constitute a violation.

The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors.

Response to violations shall be in accordance with Section 19.28.150 (Violations and Enforcement).

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised March 10, 2020
Effective April 10, 2020

19.57.090 Suspension and Revocation
A. A permit issued under this Chapter may be suspended by the City Manager, with right of appeal to the City Council after notice to the permittee and an administrative hearing, in accordance with the procedures outlined in Section 19.28.160 (Revocation or Modification).

B. Fees for revoked permits are not refunded.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

19.60.060 subsections A through K.

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

A. Application and Fees.

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

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

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

B. Review and Standards.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2. Foothill watershed areas.

3. Geologically unstable hillside areas.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Feb 27 2024
SUBJECT: Single Audit Report on Federal Awards for Fiscal Year (FY) 2023-24.

RECOMMENDATION:

The City Council receive and file.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 2023 Final Single Audit Report
BACKGROUND:

In accordance with the Single Audit Act of 1984 (which was amended in 1996) and the OMB's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), non-federal entities are required to track federal funds awarded to recipients and pass-through recipients each year. The Uniform Guidance requires grantees to establish and maintain effective internal control over compliance with federal awards. Non-federal entities that expend $750,000 or more in federal awards in a single year are required to undergo an annual audit to ensure the accountability of federal awards.

For the FY 2022-23, the City expended over $750,000 in federal funds, and therefore, was required to have a single audit performed by an independent auditor. The single audit was conducted by Rogers, Anderson, Malody and Scott, LLP (RAMS), a firm of independent certified public accountants appointed by the City Council. The single audit was conducted in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance).

Single Audit Highlights
On February 12, 2024, RAMS issued its Independent Auditor's Report and has expressed its opinion on the following matters: Compliance for each major Federal Program and Schedule of Expenditures of Federal Awards (SEFA) in Accordance with the Uniform Guidance. The City has received an "Unmodified" (Clean) opinion on compliance for each major federal program. This means that "the City complied, in all material respects, with the compliance requirements .... that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2023." With regards to the SEFA, the auditor's report states that it is "fairly stated in all material respects in relation to the basic financial statements as a whole."

The single audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance, however, internal controls were considered, tested and reported on in accordance with the Uniform Guidance. The auditor's report states that during the audit, RAMS did not identify any material weakness in internal control over compliance. However, a significant deficiency in compliance over the City's major programs was identified. The deficiency was related to the maintenance of proper documentation of contractor non-suspension and debarment. City Staff does conduct searches in Sam.gov to verify that a prospective contractor is neither debarred nor suspended from participating in federal funded projects. This is done during the bidding process; however, copies of the search and results were not maintained for the year under audit. On February 12, 2024, the Finance Director notified all department heads and program managers to maintain records of their searches and results that will fulfill procurement and suspension and debarment requirements. The corrective action plan will be implemented immediately in accordance with auditor’s recommendations.

For the purposes of the SEFA, federal awards include both federal financial assistance received directly from a federal agency, as well as federal funds received indirectly by the City from a non-federal agency or other organization. The following table is a summary of the City's federal expenditures subject to the Single Audit requirements for FY 2022-23:

Federal Grantor/Pass-through Grantor Program Title Total Expenditures*
U.S. Department of Housing and Urban Development
County of San Bernardino CDBG
$333,746
U.S. Department of Transportation
CalTrans Highway Planning & Construction
$770,309
U.S. Department of Treasury CSLFRF
$3,118,608
U.S. Environmental Protection Agency
State of California Clean Water State Revolving Fund
$575,365
U.S Department of Homeland Security
California Emergency Services FEMA
$16,800
Total Expenditures of Federal Awards
$4,811,828
*For more details of the City's SEFA, see pg. 7 of the attached Single Audit Report.

Per Section 200.512 of the Uniform Guidance, the City is required to submit a single audit report package to the State Controller's Office (SCO), Federal Audit Clearinghouse (FAC), and Caltrans (2 CFR 200.332), within the earlier of 30 calendar days after receipt of the auditor's report(s), or nine months after the entity's fiscal year end.

The City has complied with this requirement and has submitted the single audit report package to all agencies referenced above on February 21, 2024.

Due to the increase in federal funding sources awarded to the City, Staff anticipates that a single audit will be required for FY 2023-24.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose not to accept the Single Audit Report on Federal Awards for Fiscal Year (FY) 2022-23.

FISCAL IMPACT:

None. The cost of the Single Audit for FY 2023-24 will be $5,600 for the first major program, and $5,100 for each additional program.

City of Twentynine Palms, California
Single Audit Report on Federal Awards
Year Ended June 30, 2023

City of Twentynine Palms
Single Audit Report on Federal Awards
Table of Contents
Page
Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards ............................................................ 1 Report on Compliance for Each Major Federal Program; Report on Internal Control Over Compliance; and Report on Schedule of Expenditures of Federal Awards in Accordance with the Uniform Guidance ............................................... 3 Schedule of Expenditures of Federal Awards .............................................................................. 7 Notes to the Schedule of Expenditures of Federal Awards ......................................................... 8 Schedule of Findings and Questioned Costs:

Section I: Summary of Auditor's Results ................................................................................ 9 Section II: Financial Statements Findings ............................................................................ 10 Section III: Federal Awards Findings and Questioned Costs ............................................... 11 Summary Schedule of Prior Audit Findings ............................................................................... 13 Corrective Action Plan ................................................................................................................ 14

735 E. Carnegie Dr. Suite I 00
San Bernardino, CA 92408
909 889 0871 T
909 889 5361 F
ramscpa.net

PARTNERS
Terry P Shea. CPA
Scott W Manno, CPA. CGMA
Leena Shanbhag, CPA. MST. CGMA
Bradferd A Weleb,r. CPA. MBA. CGMA
Jenny W Liu, CPA. MST
Gardenya Duran, CPA. CGMA
Brianna Schultz, CPA. CGMA
Brenda L. Odle, CPA. MST (Partner Emeritus)

MANAGERS/ STAFF
Seong-Hyea Lee, CPA. MBA
Evelyn Mo, entin-Barcena, CPA
Veronica Hernandez, CPA
Laura Arvizu, CPA
John Maldonado, CPA. MSA
Julia Rodnguez Fuentes. CPA. MSA
Dem, Hite. CPA
Jeffrey McKennan. CPA

MEMBERS
Amencan lnslltute of
Certified Public Accountants
PCPS Tlie A/CPA All,ance
for CPA Fmns
Governmental Aud,1
Qua/11y Cenre,
California Society of
Cert1f1ed Public Accountants
dil5b Proud Member of 9 AlliottGlobalAlliance~
mm
IIIIJ

ROGERS, ANDERSON , MALODY & SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS. SINCE 1948
STABILITY. ACCURACY. TRUST.
- 1 -

REPORT ON INTERNAL CONTROL OVER FINANCIAL

REPORTING AND ON COMPLIANCE AND OTHER MATTERS

BASED ON AN AUDIT OF FINANCIAL STATEMENTS

PERFORMED IN ACCORDANCE WITH

GOVERNMENT AUDITING STANDARDS
Independent Auditor’s Report
To the Honorable City Council
City of Twentynine Palms, California
We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States, the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Twentynine Palms (the City) as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements, and have issued our report thereon dated November 20, 2023.

Report on Internal Control Over Financial Reporting
In planning and performing our audit of the financial statements, we considered the City’s internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control. Accordingly, we do not express an opinion on the effectiveness of the City’s internal control.

A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the City’s financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance.

- 2 -
Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses.

However, material weaknesses may exist that have not been identified.

Report on Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City’s financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards.

Purpose of this Report
The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City’s internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City’s internal control and compliance. Accordingly, this communication is not suitable for any other purpose.

San Bernardino, California
November 20, 2023

735 E. Carnegie Dr. Suite I 00
San Bernardino, CA 92408
909 889 0871 T
909 889 5361 F
ramscpa.net

PARTNERS
Terry P Shea. CPA
Scott W Manno, CPA. CGMA
Leena Shanbhag, CPA. MST. CGMA
Bradferd A Weleb,r. CPA. MBA. CGMA
Jenny W Liu, CPA. MST
Gardenya Duran, CPA. CGMA
Brianna Schultz, CPA. CGMA
Brenda L. Odle, CPA. MST (Partner Emeritus)

MANAGERS/ STAFF
Seong-Hyea Lee, CPA. MBA
Evelyn Mo, entin-Barcena, CPA
Veronica Hernandez, CPA
Laura Arvizu, CPA
John Maldonado, CPA. MSA
Julia Rodnguez Fuentes. CPA. MSA
Dem, Hite. CPA
Jeffrey McKennan. CPA

MEMBERS
Amencan lnslltute of
Certified Public Accountants
PCPS Tlie A/CPA All,ance
for CPA Fmns
Governmental Aud,1
Qua/11y Cenre,
California Society of
Cert1f1ed Public Accountants
dil5b Proud Member of 9 AlliottGlobalAlliance~
mm
IIIIJ

ROGERS, ANDERSON , MALODY & SCOTT, LLP
CERTIFIED PUBLIC ACCOUNTANTS. SINCE 1948
STABILITY. ACCURACY. TRUST.
- 3 -

REPORT ON COMPLIANCE FOR EACH MAJOR FEDERAL
PROGRAM; REPORT ON INTERNAL CONTROL OVER
COMPLIANCE; AND REPORT ON SCHEDULE OF

EXPENDITURES OF FEDERAL AWARDS IN ACCORDANCE

WITH THE UNIFORM GUIDANCE
Independent Auditor’s Report
To the Honorable City Council
City of Twentynine Palms, California
Report on Compliance for Each Major Federal Program
Opinion on Each Major Federal Program
We have audited the City of Twentynine Palms’ (the City) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on each of the City’s major federal programs for the year ended June 30, 2023. The City’s major federal programs are identified in the summary of auditor’s results section of the accompanying schedule of findings and questioned costs.

In our opinion, the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on each of its major federal programs for the year ended June 30, 2023.

Basis for Opinion on Each Major Federal Program
We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor’s Responsibilities for the Audit of Compliance section of our report.

- 4 -
We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for each major federal program. Our audit does not provide a legal determination of the City’s compliance with the compliance requirements referred to above.

Responsibilities of Management for Compliance
Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules, and provisions of contracts or grant agreements applicable to the City’s federal programs.

Auditor’s Responsibilities for the Audit of Compliance
Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred, whether due to fraud or error, and express an opinion on the City’s compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists. The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City’s compliance with the requirements of each major federal program as a whole.

In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we:
 Exercise professional judgment and maintain professional skepticism throughout the audit.
 Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City’s compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances.
 Obtain an understanding of the City’s internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City’s internal control over compliance. Accordingly, no such opinion is expressed.

We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit.

- 5 -
Other Matters
The results of our auditing procedures disclosed an instance of noncompliance which is required to be reported in accordance with the Uniform Guidance and which is described in the accompanying schedule of findings and questioned costs as 2023-001. Our opinion on each major federal program is not modified with respect to these matters. Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the noncompliance findings identified in our audit described in the accompanying schedule of findings and questioned costs. The City’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

Report on Internal Control Over Compliance
Our consideration of internal control over compliance was for the limited purpose described in the Auditor’s Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance and therefore, material weaknesses or significant deficiencies may exist that were not identified. We did not identify any deficiencies in internal control over compliance that we consider to be material weaknesses. However, as discussed below, we did identify certain deficiencies in internal control over compliance that we consider to be significant deficiencies.

A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis. A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis. A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. We consider the deficiency in internal control over compliance described in the accompanying schedule of findings and questioned costs as item 2023-001, to be a significant deficiency.

Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. Government Auditing Standards requires the auditor to perform limited procedures on the City’s response to the internal control over compliance findings identified in our audit described in the accompanying schedule of findings and questioned costs. The City’s response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response.

- 6 -
Report on Schedule of Expenditures of Federal Awards Required by the Uniform Guidance We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City as of and for the year ended June 30, 2023, and the related notes to the financial statements, which collectively comprise the City’s basic financial statements. We issued our report thereon, dated November 20, 2023, which contained unmodified opinions on those financial statements. Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the basic financial statements. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by the Uniform Guidance and is not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements and certain additional procedures including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America.

In our opinion, the schedule of expenditures of federal awards is fairly stated in all material respects in relation to the financial statements as a whole.

The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose.

San Bernardino, California
February 12, 2024 (except for our report on the Schedule of Expenditures of Federal Awards, for which the date is November 20, 2023).

City of Twentynine Palms
Schedule of Expenditures of Federal Awards
Year Ended June 30, 2023
See accompanying notes to the schedule of expenditures of federal awards. - 7 -
Federal Grantor / Assistance Program Amount
Pass-through Grantor / Listing Identification Federal Provided to Program Title Number Number Expenditures Subrecipients
U.S. Department of Housing and Urban Development
Community Development Block Grant Entitlement Grants Cluster Passed through from County of San Bernardino
Community Development Block Grant 14.218 TPAL-21-2-03E/0258 85,000 $ - $ Community Development Block Grant 14.218 TPAL-22-1-03E/0268 230,000 - Community Development Block Grant 14.218 TWEN-19-CV-1-05W/0213 18,746 18,746 Total Community Development Block Grant Entitlement Grants Cluster 18,746 333,746 Total U.S. Department of Housing and Urban Development 333,746 18,746 U.S. Department of Transportation
Passed through from California Department of Transportation Highway Bridge Program 20.205 BR-NBIL (533) 21,673 -
Neighborhood Safety Project 20.205 HSIPL-558(009) 747,132 - Safe Routes to School 20.205 ATPSB1L-5448(010) 1,504 -
Total U.S. Department of Transportation - 770,309
U.S. Department of Treasury
Direct Assistance
COVID-19 Coronavirus State and Local Fiscal Recovery Funds 21.027 CA0269 3,118,608 - Total U.S. Department of Treasury - 3,118,608
U.S. Environmental Protection Agency
Clean Water State Revolving Fund Cluster
Passed through from State of California
Wastewater Collection and Treatment System 66.458 C-06-8472-110 572,365 - Total Clean Water State Revolving Fund Cluster - 572,365 Total U.S. Environmental Protection Agency - 572,365
U.S. Department of Homeland Security
Passed through from San Bernardino County Office of Emergency Services 2021 Homeland Security Grant Program 97.067 2021-0081 16,800 - Total U.S. Department of Homeland Security - 16,800
Total Expenditures of Federal Awards $ 18,746 4,811,828 $

City of Twentynine Palms
Notes to the Schedule of Expenditures of Federal Awards Year Ended June 30, 2023
- 8 -
Note 1: Summary of significant accounting policies applicable to the Schedule of Expenditures of Federal Awards
(a) Scope of presentation
The accompanying Schedule of Expenditures of Federal Awards (SEFA) presents only the expenditures incurred by the City of Twentynine Palms, California (City) that are reimbursable under programs of the federal government for the year ended June 30, 2023. The information in the SEFA is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Because the SEFA presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position/fund balance, or cash flows of the City. For the purposes of the SEFA, federal awards include both federal financial assistance received directly from a federal agency, as well as federal funds received indirectly by the City from a non-federal agency or other organization. Only the portion of program expenditures reimbursable with such federal funds are reported in the accompanying SEFA. Program expenditures in excess of the maximum federal reimbursement authorized or the portion of the program expenditures that were funded with state, local or other non-federal funds are excluded from the accompanying SEFA.
(b) Basis of accounting
The expenditures included in the accompanying SEFA were reported on the modified accrual basis of accounting. Under the modified accrual basis of accounting, expenditures are incurred when the City becomes obligated for payment as a result of the receipt of the related goods and services. Expenditures reported included any property or equipment acquisitions incurred under the federal program. Negative amounts, if presented on the SEFA, represent adjustments or credits made in the normal course of business to amounts reported as expenditures in prior years.
(c) De minimis indirect cost rate
The City has not elected to use the 10-percent de minimis indirect cost rate allowed under the Uniform Guidance where allowable.

City of Twentynine Palms
Schedule of Findings and Questioned Costs
Year Ended June 30, 2023
- 9 -
Section I: Summary of Auditor's Results
Financial Statements
Internal control over financial reporting:

Material weakness identified? Yes X No
Significant deficiencies identified? Yes X None Reported Noncompliance material to financial
statements noted? Yes X No
Federal Awards
Internal control over major programs:

Material weakness identified? Yes X No
Significant deficiencies identified X Yes None Reported Any audit findings disclosed that
are required to be reported in
accordance with 2 CFR 200.516(a)? X Yes No
Identification of major programs:

Assistance Listing Number

21.027

20.205
Dollar threshold used to distinguish
between type A and type B programs: $750,000
Auditee qualified as low-risk auditee? X Yes No
Highway Planning and Construction Cluster
Type of report the auditor issued on whether the financial statements audited were prepared in accordance with GAAP: unmodified
Type of auditor's report issued on compliance for major programs: unmodified Name of Federal Program
Coronavirus State and Local Fiscal Recovery Funds

City of Twentynine Palms
Schedule of Findings and Questioned Costs
Year Ended June 30, 2023
- 10 -
Section II: Financial Statement Findings
No findings to be reported.

City of Twentynine Palms
Schedule of Findings and Questioned Costs
Year Ended June 30, 2023
- 11 -
Section III: Federal Awards Findings and Questioned Costs 2023-001 – Procurement and Suspension and Debarment Requirements Significant Deficiency and Non-material Noncompliance
Federal Programs
COVID-19 Coronavirus State and Local fiscal Recovery Funds and Highway Planning and Construction Cluster
Assistance Listing Numbers 21.027 and 20.205
Criteria
Per CFR 536.270-4 – Contractors are to not be listed in the System for Award Management Exclusions.

Condition
During the audit, we noted that documentation of contractor non-suspension and debarment was not maintained.

Cause
The City did not have controls in place to ensure maintenance of proper documentation of contractor non-suspension and debarment.

Effect
The City could jeopardize future grant funding due to program noncompliance.

Questioned Costs
None.

Context/Sampling
For the COVID-19 Coronavirus State and Local fiscal Recovery Funds, a nonstatistical sample of four out of seven contracts were selected for testing, which accounted for $1,503,031 of federal program expenditures. For Highway Planning and Construction Cluster, there was only one contract entered into with program funding for the year under audit. The contract was selected for testing and accounted for $709,775 of federal program expenditures.

Identification as a Repeat Finding
This is not a repeat finding.

City of Twentynine Palms
Schedule of Findings and Questioned Costs
Year Ended June 30, 2023
- 12 -
Section III: Federal Awards Findings and Questioned Costs, Continued 2023-001 – Procurement and Suspension and Debarment Requirements, Continued Significant Deficiency and Non-material Noncompliance
Recommendation
We recommend the City implement a tracking system to remind staff of suspension and debarment requirements.

View of Responsible Officials
See the City’s Corrective Action Plan

City of Twentynine Palms
Summary Schedule of Prior Audit Findings
Year Ended June 30, 2023
- 13 -
No findings were reported in the prior year.

- 14 -

- 15 -

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Feb 27 2024
SUBJECT: Financial Report - Fiscal Year 2023-24 Mid-Year Budget Update - General Fund.

RECOMMENDATION:

Staff is recommending the following actions:

1. City Council review and approve the proposed General Fund Budget amendments for FY 2023-24.

2. City Council approve the interfund transfer of $8,000 from the General Fund to the Traffic Safety Fund to close the fund.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Mid-Year Budget - General
Fund FY 2023-24
• Mid-Year GF Budget Update
FY 2023-24 - Presentation
• Twentynine Palms 3Q23
Newsletter
BACKGROUND:

The mid-year financial report and budget adjustments for FY 2023-24 are attached for City Council's review and approval. The mid-year financial report reflects the current cash balances, year-to-date revenues and expenditures, reserves, and a "snapshot" of Fiscal Year 2024-25 budget. The intent of this report is to provide the City Council, Staff, and citizens with an overview of the financial condition of the City through mid-year.

Cash Balances
Through December 2023, the City has a total of $16.4M in cash and investment balances, which have remained steady since fiscal year ending on June 30, 2023. To maximize the City's resources, the City Treasurer invests temporary idle cash in investments approved under the City's investment policy. As of December 31, 2023, the City has the following investments: Local Agency Investment Fund (LAIF) - $5.8M, earning an average of 4.0% during the last quarter of 2023; Certificate of Deposit - $5.3M, earning an average of 3.5% in December 2023, and U.S. Treasury Bills - $1.5M, earning an average of 5.2% in December 2023.

Operating Revenues: Page 133 of 247
From July 2023 to January 2024, a total of $7.3M or 55.0% of the total estimated operating revenue, excluding transfers in and reserves, was collected. Property tax receipts through the first 7 months of the fiscal year account for 24.7% of the general fund operating revenue. The other major revenue collections through January 2024 are as follows: Vehicle License Fee (VLF) in Lieu of Property Tax - 29.1%; Sales Tax - 10.3%; and TOT 13.5%. While revenue from property taxes and VLF in lieu of Property taxes has increased moderately compared to prior year, TOT for the first two quarters in the fiscal year (July 2022 to December 2023) has remained stagnant compared to the same quarter in the prior year, and Sales tax revenue is expected to decrease in the current and upcoming fiscal year. According to HDL's sale tax update and forecast, the decline in sales tax revenue can be attributed to the inflationary pressures, as well as rising prices of goods and services. Consumers have remained cautious with spending. Receipts from casual dining has decreased due to higher menu prices and extra add-on charges.

Operating Expenditures:

From July 2023 to January 2024, a total of $8.3M or 56.5% of the total estimated operating expenditures, excluding transfers out, has been spent or encumbered. Salaries & Benefits are within budget at 54.4% as of January 2024. Prepaid CalPERS employer contributions (exclusive of cost sharing contributions) were not required for FY 2023-24 due to the investment return being above CalPERS' assumed rate of return of 6.8%. Due to the continuous decline in the City's Highway Users Tax Account (HUTA) allocation, a total of $67.5K in salaries and benefits will have to be reallocated from the Gas Tax fund to the General Fund. This portion of salaries and benefits were previously funded with the Local Transportation Funds (LFT), or Article 8; however, starting in FY 2021-22, all the LTF funds are now directed to Transit Agencies.

Transfers In/Out
In addition to the transfers already approved in prior meetings (e.g., $105K for Animal Control vehicle, $160K for self-funding of the Capital Projects Fund, and $65K for subsidy of the Sewer Fund), Staff is recommending a transfer of $8K from the General Fund to the Traffic Safety Fund. As you may recall, the State is now diverting most of the traffic fine collections to the Courts, leaving the City with nominal receipts from this revenue source, which are not sufficient to sustain this fund. Traffic Safety efforts previously funded by traffic fine collections have been reallocated to the General Fund per City Council approval on June 13, 2023.

Reserves:

The unrestricted and unassigned reserve balance for the General Fund as of June 30, 2023 is $9.1M or 79% of actual operating expenditures, which is in line with the City's current reserve policy of 50-55%.

On July 25, 2023, the City paid off the unfunded portion of the Fire Safety Plan as discussed in prior meetings. As you may recall, in 2016, the City of Twentynine Palms accepted the Twentynine Palms Water District (Water District) PERS Pension Liability within the LAFCO (Local Agency Formation Commission) proceedings that transferred the fire responsibility from the Water District to the County of San Bernardino Fire District. As part of the financial obligation, the Water District not only obligated the Pension Liability, but also transferred cash to offset the Liability held in a PARS (Public Agency Retirement System) account. The total unfunded liability as of CalPERS final termination valuation date, April 26, 2023, was $3.4M. The liability was funded as follows: $1.6M from General Fund reserves and $1.7M from the assets in PARS. The unfunded liability came $14.6K under budget as a whole; however, since the assets in PARS exceeded the original estimated value at the time of the pay off, the City ended up using $84K less in reserves. Staff is projecting a surplus of $228K for FY 2023-24, and an unassigned fund balance of $10.9M, which equates to 74% of the City's total operating expenditures, a ratio that is in line with the City's reserve policy.

Fiscal 2024-25 "Snapshot":

Staff is projecting a surplus of only $5K for FY 2024-25, which is mainly driven by a moderate and conservative increase in revenues, as well as a 2.5% increase in Salaries, and 4% increase in Law Enforcement contract services. The General Fund budget for FY 2024-25 will be reevaluated and presented to the City Council in June 2024 for review and approval.

ENVIRONMENTAL:

Not Applicable.

ALTERNATIVES: Page 134 of 247
The City Council could choose to make policy changes on funding.

FISCAL IMPACT:

A Balanced Budget.

Approved
5/23/2023
2021-2022 2022-2023 2023-2024 2023-2024 2023-2024

BUDGET BUDGET THROUGH ADOPTED AMENDED
ACTUAL ACTUAL 1/31/2024 BUDGET (O) BUDGET ADJUSTMENTS
Total Revenue and Transfers In 15,689,872 $ 16,988,823 $ 7,404,931 $ 15,190,196 $ 15,350,295 $ 160,099 $ Total Expenditures and Transfers Out 15,072,029 $ 16,009,631 $ 8,418,192 $ 15,041,947 $ 15,121,684 $ 79,737 $ Net Revenue (Loss) 617,843 $ 979,192 $ (1,013,261) $ 148,249 $ 228,610 $ 80,362 $ Fund Balance Classification
Nonspendable 93,963 $ 93,963 $ 93,963 $ 93,963 $
Restricted $ 406,426 372,700 $ 557,659 $ 557,659 $
Assigned 3,599,844 $ 2,011,441 $ 227,000 $ 227,000 $
Unassigned 6,575,462 $ 9,098,342 $ 6,215,385 $ 10,960,160 $ Total Fund Balance 10,641,969 $ 11,610,172 $ 7,094,007 $ 11,838,782 $ Total Operating Expenditures (1) $ 11,564,720 10,359,957 $ 13,407,858 $ 14,779,448 $ Operating Reserves (%) (2) 63% 79% 46% 74%
City's Reserve Policy 60-65% 50-55% 50-55% 50-55%
(1) Exclusive of Transfers Out (2) Operating Reserves = Unassigned Fund Balance/Total Operating Expenditures

CITY OF TWENTYNINE PALMS

GENERAL FUND BUDGET

SUMMARY
FISCAL YEAR 2023-2024

2021-2022 2022-2023 2023-2024 2023-2024 2023-2024

ACCOUNT BUDGET BUDGET THROUGH ADOPTED AMENDED
CODE R E V E N U E ACTUAL ACTUAL 1/31/2024 BUDGET BUDGET ADJUSTMENTS 01 0000 4101 Property Taxes: Current and Prior Year 2,417,497 $ 2,715,614 $ 1,805,881 $ 2,627,336 $ 2,627,336 $ - $ 01 0000 4106 Property Tax / VLF 3,413,408 $ 3,794,419 $ 2,125,088 $ 3,946,195 $ 4,250,176 $ 303,981 $ 01 0000 4110 Property Transfer Fees 126,323 $ 76,031 $ 30,297 $ 94,938 $ 55,000 $ (39,938) $ 01 0000 4115 Utility Unitary Tax 160,546 $ 155,668 $ 6,486 $ 167,016 $ 150,000 $ (17,016) $ 01 0000 4120 Sales & Use Tax 1,586,033 $ 1,562,276 $ 751,321 $ 1,568,580 $ 1,504,374 $ (64,206) $ 01 0000 4125 Transient Occupancy Tax 2,126,699 $ 2,346,125 $ 985,834 $ 1,900,000 $ 1,900,000 $ - $ 01 0000 4140 Franchise Fees 844,290 $ 930,375 $ 255,589 $ 882,960 $ 882,960 $ - $ 01 0000 4145 Business License Fees 89,617 $ 69,387 $ 46,340 $ 63,000 $ 63,000 $ - $ 01 0000 4155 Motor Vehicle In-Lieu Tax 34,619 $ 28,378 $ - $ 28,000 $ 28,000 $ - $ 01 0000 4200 Animal Control Revenue 90,469 $ 81,486 $ 57,345 $ 83,000 $ 83,000 $ - $ 01 0000 4220 Planning & Engineering Fees 145,263 $ 282,413 $ 122,595 $ 200,000 $ 200,000 $ - $ 01 0000 4224 Building & Road Permits 754,576 $ 710,752 $ 348,714 $ 620,000 $ 620,000 $ - $ 01 0000 4245 Interest/Fair Market Value Adjustment (146,016) $ 98,635 $ 117,612 $ 70,000 $ 120,000 $ 50,000 $ 01 0000 4252 Grant Revenue 79,727 $ 41,540 $ - $ 25,000 $ 25,000 $ - $ 01 0000 4272 Rent 62,821 $ 72,418 $ 40,914 $ 65,280 $ 65,280 $ - $ 01 0000 4288 Burrtec/Street Sweeper 140,000 $ 100,000 $ 70,000 $ 120,000 $ 120,000 $ - $ 01 0000 4602 Park & Rec Sponsorship - $ - $ - $ - $ - $ - $ 01 0000 4603 Swimming Pool 11,694 $ 19,528 $ 20,014 $ 25,000 $ 25,000 $ - $ 01 0000 4605 Recreation Fees 112,181 $ 107,001 $ 62,243 $ 88,580 $ 88,580 $ - $ 01 0000 4608 Park & Rec Event Fees 53,490 $ 73,914 $ 39,381 $ 43,260 $ 50,000 $ 6,740 $ 01 0000 4610 Project Phoenix Community Center - $ - $ 256 $ 2,000 $ 2,000 $ - $ 01 0000 4611 EV Charging Fees 5,449 $ 24,287 $ 17,747 $ 12,600 $ 22,000 $ 9,400 $ 01 0000 4702 Police Grants 161,330 $ 165,306 $ 186,305 $ 150,000 $ 180,000 $ 30,000 $ 01 0000 4703 SRO Contract 64,262 $ 88,217 $ 118,403 $ 118,403 $ 118,403 $ - $ 01 0000 4890 Miscellaneous 134,049 $ 151,577 $ 92,969 $ 63,505 $ 98,000 $ 34,495 $ 01 0000 4XXXReserves/COPS Deferred Rev - $ - $ - $ 2,098,853 $ 1,944,686 $ (154,167) $ TOTAL REVENUE 12,468,327 $ 13,695,347 $ 7,301,334 $ 15,063,506 $ 15,222,795 $ 159,289 $ TRANSFER IN:
01 0000 4316 Admin Fees 88,750 $ 132,273 $ 97,500 $ 106,690 $ 107,500 $ 810 $ 01 0000 4316 ARPA Revenue Loss Transfer 3,116,419 $ 3,118,608 $ - $ - $ - $ - $ TOTAL TRANSFER IN 3,205,169 $ 3,250,881 $ 97,500 $ 106,690 $ 107,500 $ 810 $

TOTAL REVENUE AND
TRANSFERS IN 15,673,496 $ 16,946,228 $ 7,398,834 $ 15,170,196 $ 15,330,295 $ 160,099 $

GENERAL FUND REVENUE BUDGET
All revenue that is not designated to go to another fund is General Fund revenue. This revenue is used to pay for the general expenditures of the City.