Twentynine Palms City Council
August 13, 2024

TWENTYNINE PALMS CITY COUNCIL

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

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - Pastor Nick Foley - Set Free Church.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

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

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Pioneer Days Update by the Park and Recreation Department.

2. Monsoonal Storm Situation Summary Report by City Manager James.

3. Recognition of Those Who Assisted the Community During the Monsoonal Storms.

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 July 23, 2024.

City Council - Regular Meeting with Closed Session - 23 Jul 2024 - Minutes - Pdf 5 - 10

6. Approval of Warrant Register Totaling $715,821.21.

Approval of Warrant Register Totaling $715,821.21. - Pdf 11 - 14

7. Split Rock Avenue Bridge Project.

Recommendation: The City Council execute an updated agreement with the County Flood Control District.

Split Rock Avenue Bridge Project. - Pdf
15 - 29

8. Development Code Amendment Article 4 Part 1 - Second Reading.

Recommendation: The City Council find the amendment exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment.

Development Code Amendment Article 4 Part 1 - Second Reading. - Pdf 31 - 64

9. Development Code Amendment Home Occupation Permits - Second Reading.

Recommendation: The City Council find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment.

Development Code Amendment Home Occupation Permits - Second Reading. - Pdf 65 - 80

10. Project Phoenix – Treatment System Improvements.

Recommendation: The City Council:

1. Approve NV5 Engineering’s proposal for construction support services for the “Project Phoenix – Treatment System Improvements” for a not to exceed cost of $44,760.00 plus an additional $500 in reimbursable costs for a total of $45,260.00.

2. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.

3. Reallocate $120,000 from the funds previously committed to the City-wide wastewater and sewer project to the Project Phoenix Treatment System Improvement project for construction support services, tribal monitoring, geotechnical inspections, utility fees and other soft construction costs.

Project Phoenix – Treatment System Improvements. - Pdf
81 - 87

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARING

11. Development Code Amendment Article 4 Part 2.

Recommendation: The City Council find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment.

Development Code Amendment Article 4 Part 2. - Pdf
89 - 119

DISCUSSION AND POTENTIAL ACTION ITEMS

12. 2024-2025 Community Event Grants.

Recommendation: The Event Ad Hoc Committee is recommending the following events to be funded; $26,050 in total:

1. The Taste of the Des - $2,000

2. Historic Plaza Seasonal Event Series - $10,000

3. 12th Annual Joshua Tree National Park Art Expo - $4,000

4. Holiday Art Faire - $1,950

5. Spring Arts & Crafts Faire - $3,400

6. Morongo Basin Spell-A-Thon - $1,000

7. From There to Here: Military and Veteran Expressions Art Exhibition - $3,700 The Event Ad Hoc Committee is recommending the following reallocations of funding; $12,000 in total:

1. 88th Annual Pioneer Days - $10,000

2. PAAC Community and Youth Arts Grants - $2,000
The total amount between event funding and reallocation is $38,050. 2024-2025 Community Event Grants. - Pdf
121 - 296

FUTURE COUNCIL INITIATED ITEMS

1. Revisit allocated funds for the portable showers and Navigation Center.

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

CITY MANAGER UPDATE

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

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

Cindy Villescas CMC, City Clerk Time/Date

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting with Closed Session MINUTES City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
July 23, 2024

CLOSED SESSION AGENDA
5:30 P.M.

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

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

Adjourn to Closed Session - Mayor Bilderain adjourned to Closed Session at 5:32 p.m.

CLOSED SESSION

1. CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION, Pursuant to Government Code § 54956.9 (d)(1) - In Re: National Prescription Opiate Litigation, MDL No. 2804, Case No. 1:17-md-2804 (Multi-District Litigation).

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER - Mayor Bilderain called the meeting to order at 6:04 p.m.

Pledge of Allegiance - Boy Scout Thomas Elkins led the Pledge of Allegiance.

Invocation - Amy Miranda, First Assembly of God Church, gave the Invocation.

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

Closed Session Announcements - None.

Changes to the Agenda - None.

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

July 14-15, 2024, Storm Situation Summary Report.

City Manager James presented a PowerPoint presentation relating to the damage from the storm in the community.

Tom Ingram, Twentynine Palms, spoke regarding the storm and the damage incurred to his property.

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS - None.

City Council - Regular Meeting with Closed Session
July 23, 2024

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Scott mentioned that he had nothing to report. He thanked the Staff for all their hard work during the monsoonal storms.

Councilmember Wright commented that he watched the 4th of July Fireworks in Big Bear, he attended the Prayer Breakfast at Blessed Sacrament Catholic Church, the Gospel Fellowship's 25th Anniversary celebration. He announced that Warhawks football training began Monday, and he thanked the Staff for all their hard work during the storm.

Councilmember Mintz mentioned that he attended the 4th of July event at Knotts' Sky Park, he attended some meetings at City Hall, and he thanked Staff for their professionalism and hard work during the monsoonal storms.

Mayor Pro Tem Klink commented that he attended Blessed Sacrament's Prayer Breakfast, the Morongo Basin Healthcare District's Budget meeting, and he wished everyone celebrating a birthday in July, especially City Clerk Villescas and Councilmember Mintz. The City Council then sang Happy Birthday to City Clerk Villescas and Councilmember Mintz. He announced that he will not be running for City Council again.

Mayor Bilderain mentioned that he attended the ASYMCA Service Members of the Quarter Luncheon, MUSD Summer Barbecue, the Blood Donor Drive, the Juneteenth Celebration at Knotts' Sky Park, the Juneteenth Flag Raising Ceremony at City Hall, he had the opportunity to represent Twentynine Palms in the All Star State Softball Tournament, and he met with constituents and with Team Rubicon after the storms.

CONSENT CALENDAR

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

2. Approval of Minutes of the City Council Meeting Held on June 25, 2024.

3. Approval of Warrant Register Totaling $1,710,963.89

4. Treasurer's Report - FY 2023-24 Quarter 4.

Recommendation: The City Council receive and approve the Treasurer's Report for the 4th Quarter of Fiscal Year 2024-25.

5. Adoption of Measure I Five-Year Plan for Fiscal Years 2024-2025 through 2028-2029.

Recommendation: The City Council adopt Resolution No. 24-17 approving the Measure I Five-Year Plan for Fiscal Years 2024-2025 through 2028-2029.

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

The above motion was carried by the following:

ROLL CALL VOTE:

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

City Council - Regular Meeting with Closed Session
July 23, 2024

PUBLIC HEARINGS

6. Twentynine Palms Lighting and Landscaping Assessment District #1, Confirming Assessment and Levying Assessment for FY 2024-2025.

Recommendation: The City Council:

1. Review and approve a request to increase the maintenance area for L-1 to include parkway segments on Mimosa Avenue from Florida Drive and Sunnyslope Drive.

2. Conduct the Public Hearing.

3. Adopt Resolution No. 24-18; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2024-2025.

City Manager James presented the Staff Report.

Mayor Bilderain opened the Public Hearing.

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

ACTION: A motion was made by Councilmember Mintz, seconded by Councilmember Wright, to Adopt Resolution No. 24-18; a Resolution of the City Council of the City of Twentynine Palms confirming the diagram and assessment and levying assessment pursuant to the Lighting and Landscaping Act of 1972 for Fiscal Year 2024-2025.

The above motion was carried by the following:

ROLL CALL VOTE:

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

7. Development Code Amendment Home Occupation Permits.

Recommendation: The City Council finds the project exempt from CEQA and adopts the Ordinance approving the Development Code Amendment.

Community Development Director Gardner (Director Gardner) presented the Staff Report.

Mayor Bilderain opened the Public Hearing.

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

ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Scott, to find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment.

The above motion was carried by the following:

ROLL CALL VOTE:

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

City Council - Regular Meeting with Closed Session
July 23, 2024

8. Development Code Amendment, Article 4 Part 1.

Recommendation: The City Council finds the amendment exempt from CEQA and adopts the Ordinance, approving the Development Code Amendment.

Director Gardner presented the Staff Report.

Mayor Bilderain opened the Public Hearing.

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

ACTION: A motion was made by Councilmember Wright, seconded by Mayor Pro Tem Klink, to find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment.

The above motion was carried by the following:

ROLL CALL VOTE:

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

DISCUSSION AND POTENTIAL ACTION ITEMS

9. New National Opioid Settlement with Kroger Co.

Recommendation: The City Council:

1. Adopt Resolution No. 24-19 to Join a New National Opioid Settlement with Kroger Co.,

2. Authorize the City Manager to take all necessary and reasonable actions to effectuate the City’s participation, including executing all necessary agreements and documents subject to the review and approval of the City Attorney.

City Manager James presented the Staff Report.

ACTION: A motion was made by Mayor Pro Tem Klink, seconded by Councilmember Scott, to Adopt Resolution No. 24-19 to Join a New National Opioid Settlement with Kroger Co., and authorize the City Manager to take all necessary and reasonable actions to effectuate the City’s participation, including executing all necessary agreements and documents subject to the review and approval of the City Attorney.

The above motion was carried by the following:

ROLL CALL VOTE:

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

10. July 14-15, 2024, Monsoonal Storm.

Recommendation: The City Council review any item relating to the storm that occurred on July 14-15, 2024, and provide direction on how to proceed if needed.

City Manager James explained that he put this item on the agenda in the event there was something he needed to bring to the City Council such as an emergency declaration. He mentioned there is nothing at this time, so the City Council can skip this item.

City Council - Regular Meeting with Closed Session
July 23, 2024

FUTURE COUNCIL INITIATED ITEMS

1. Revisit funds that were allocated to the portable showers and Navigation Center.

PUBLIC COMMENTS
Mary Firestine, Twentynine Palms, spoke regarding the damage to her home and to her ex-husband's home.

Terence Latimer, Twentynine Palms, mentioned that Ms. Carrie Williams and Councilmember Scott brought forth a grant opportunity for a resilience center which is relevant now due to the recent flash floods and the resulting damages. He commented that there is now a compelling reason to leverage this moment to unify efforts in resources for a successful grant application and he urges the City Council to prioritize this initiative and push it across the finish line as soon as possible.

Yatish Nathraj, Twentynine Palms, commented that it was great to see the community come together, but more needs to be done. He commented that he feels that the City should hold private developers accountable because of recklessness of development.

Susan Peplow, Twentynine Palms, echoed what was previously mentioned of the great work of City Staff, community members and Marines. There were endless groups of people that banded together to help out. She mentioned that there is no great fix, we do not have a direct line with Mother Nature. She mentioned she does not blame the City Council or Public Works for what has happened, she feels it is just the nature of the beast. She suggested to berm some of these areas and suggested bulk neighborhood pickups by Burrtec.

Robin Schlosser, Twentynine Palms, mentioned that she has lived here for 30 years and prior to that she lived in Northern California, and they learned up there that they needed to be self-sufficient. She commented that she really appreciates the people here because you cannot predict these storms. She mentioned that all we can do is prepare as much as we can and pick up the pieces afterwards. She commended Staff for all their hard work and thanked everyone for coming together and for a job well done.

Robert Firestine, Twentynine Palms, thanked the City for what has been done thus far, however, when a homeowner does what he needs to do to protect his property and then someone comes in and develops and blocks what that homeowner has done, causing water flow to be diverted and that water goes into people's home, it upsets him and he would like to know how do we stop this from happening.

DeAnna Marie-Margaret Greer, Twentynine Palms, commented that she was one of the homes that were affected by the monsoonal storms. She mentioned that she came to the City Council meeting to suggest a date and time to have the community come together and meet to help clean up the areas that have been affected.

Clary Walters, Twentynine Palms, spoke regarding the damage she incurred from the storm. She mentioned that she is upset because neighbors are diverting the water by placing items in the alleyway. She is pleading with the City to do something.

Douglas Walters, Twentynine Palms, mentioned that he sent an email with photos of the damage to their home. He mentioned that the retention wall that the cemetery put up has diverted the water into the homes in those areas.

Veno Nathraj, Twentynine Palms, commented that his damage has been caused by poor planning and irresponsible neighbors who failed to do the correct construction and lacked maintenance of water runs. He commented that our code compliance should be visiting properties for upkeep instead of harassing business owners for someone parking in their vacant lot. He asks that the City go after those who fail to maintain their property.

City Council - Regular Meeting with Closed Session
July 23, 2024

CITY MANAGER UPDATE
City Manager James commented that he appreciates the Walters' comments relating to the public utility easements. He mentioned that the Joshua Tree National Park Service did an outstanding job that Sunday providing law enforcement personnel to help with directing traffic, City Staff is currently working on an LAC (Local Assistance Center) to bring together as many resources the community may need during this time, and the goal is to try to have this happen next week. He mentioned that Burrtec will be issuing a schedule change to weekly pickup service beginning August 12th. He commented that one thing he has been monitoring is the status of the roll off bins that Burrtec put in various neighborhoods in the City.

Mayor Bilderain commented that the City Council heard many negative comments tonight and all we can say is that we are working to improve and one thing that we can be grateful for is that no lives were lost as a result of these storms as has happened in past years. He thanked everyone for their patience.

ADJOURNMENT - Mayor Bilderain adjourned the meeting at 7:30 p.m.

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

STAFF REPORT
TO: City Council
FROM: Finance Technician
FOR MEETING: Aug 13 2024
SUBJECT: Approval of Warrant Register Totaling $715,821.21.

ATTACHMENTS:
• Approval of Warrant Register
Totaling $715,821.21

  









 

 



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STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Aug 13 2024
SUBJECT: Split Rock Avenue Bridge Project.

RECOMMENDATION:

The City Council execute an updated agreement with the County Flood Control District.

ORDER OF PROCEDURE:

Request Staff Report (City Manager Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• AGR-FCD-6-25-24 Revised
Coop Agreement with City of
Twentynine Palms for Spilt
Rock Ave Bridge Project (SAC
Edits 8-1-24) (002)
BACKGROUND:

Several years ago, the City was successful in obtaining a Federal grant to construct a new bridge. The project consists of replacing an existing 2-lane low water crossing with a new 2-lane bridge on Split Rock Avenue across the Twentynine Palms Flood Control Channel north of State Route 62 from Buena Vista Drive to Bagley Avenue in the City of Twentynine Palms using Highway Bridge Program (HBP) funds.

The existing low water crossing floods with stormwater during summer monsoonal rains and other large precipitation events. These events continue to compromise the structural integrity of the roadway and pose a hazard for residents during large storm events. The construction of the two-lane bridge will provide for multimodal safety, ensure compliance with current safety standards, and provide access across the drainage area during precipitation events. The City completed and received Caltrans' final approval of the environmental document, right of way certificate, and the final construction plans and specifications for the bridge. The City received the official "authorization to proceed" to the construction phase of the bridge.

On April 9, 2024, the City Council adopted the design Plans and Specifications for the Split Rock Avenue Bridge Project and authorized Staff to advertise a Request for Proposal for a Construction Management firm to provide construction management services. The City Council also approved an agreement with the Flood Control District indicating that the City would be the lead agency and be reimbursed for administering and construction costs of their channel upstream of the bridge.

Early in the design phase of the bridge, it became apparent that the District's trapezoidal channel was undersized to convey the required amount of stormwater under the bridge. The channel needed to be widened and lowered to meet the 100-year stormwater design standards. City and design Staff coordinated with the San Bernardino County Flood Control District (District) for the design of the required channel improvements upstream and downstream of the bridge. Because the channel improvements need to be constructed at the same time as the bridge, the District requested that the City take the lead to combine the construction of the channel improvements with the construction of the new bridge. Per the attached Flood Control District agreement, the cost of the channel improvements will be 100% reimbursed with Flood Control District funds.

The agreement that was approved on April 9 has been updated and the District requests that the agreement be re-approved with small amendments.

ENVIRONMENTAL:

Caltrans approved the NEPA Categorical Exemption/Categorical Exclusion Determination revalidation on 04/04/2023. The District has requested that the Water Quality Control Board revalidate the CEQA document. It appears that the channel portion of the project will be delayed as a result of a new environmental review by the Board requested by the District. It is anticipated that the delay will be 3 to 6 months.

ALTERNATIVES:

The City Council could choose not to construct the project.

FISCAL IMPACT:

The total construction cost for the bridge is estimated to be $3,653,750. Federal funds will pay for 88.53% of this amount. The City is required to provide a local match of 11.47%. SBCTA has agreed per "Amendment #1 to Project Funding Agreement No. 19-1002195", to fund the local match. As indicated in the agreement, "SBCTA's share can be from sources under control of SBCTA including but not limited to Measure I Major Local Highways Program (MLHP), State Transportation Improvement Program (STIP), Surface Transportation Program (STP), or other funds without necessitating an amendment of this Agreement." The channel improvements are estimated to be $4,700,000. Per the attached agreement with the District, the City will be reimbursed by the District at 100%.

Standard Contract Page 1 of 13

THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY San Bernardino County
Flood Control District
Department Contract Representative Michael Fam
Telephone Number 909-387-8120
Contractor City of Twentynine Palms
Contractor Representative Stone James, City Manager
Telephone Number (760) 367-6799
Contract Term 8/20/2024– 8/20/2027
Original Contract Amount $4,700,000
Amendment Amount 0
Total Contract Amount $4,700,000
Cost Center 1960002540 – F02879 – Zone 6
IT IS HEREBY AGREED AS FOLLOWS:

WITNESSETH
WHEREAS, the San Bernardino County Flood Control District, (DISTRICT) and the City of Twentynine Palms (CITY), are signatories to this AGREEMENT, and may hereinafter be individually referred to as a “PARTY” and, collectively referred to as the “PARTIES”; and
WHEREAS, the PARTIES desire to cooperate and facilitate the construction of their respective proposed projects that include CITY’s improvements to the Split Rock Avenue Bridge (BRIDGE PROJECT) across the DISTRICT’s Twentynine Palms Channel and the construction of drainage improvements to the Twentynine Palms Channel (CHANNEL PROJECT), and may hereinafter be collectively referred to as “PROJECTS”; and WHEREAS, the CHANNEL PROJECT is the construction of a trapezoidal rock-lined channel from the centerline of Split Rock Avenue, extending approximately from the Donnell Basin outlet west and 287 feet east along the Twentynine Palms Channel; and
WHEREAS, the DISTRICT owns and operates Donnell Basin and the Twentynine Palms Channel, both of which facilities serve as a major drainage course and flood control system for the area; and Contract Number
SAP Number

Revised 4/24/23 Page 2 of 13
WHEREAS, the DISTRICT is developing, funding, and constructing a regional drainage facility, generally referred to as the Donnell Basin Improvement Project, located within the incorporated area of the CITY, north of Twentynine Palms Highway between Mesquite Springs Road and Split Rock Avenue; and WHEREAS, the CHANNEL PROJECT has been recognized as a regional Flood Protection Facility, and the funding was recommended as part of the DISTRICT’s Zone 6 Priority Project List and Ten-Year Construction Funding Program per the CITY request; and
WHEREAS, the CITY shall serve as lead agency to process all necessary environmental documents and obtain all requisite environmental clearances. Notwithstanding anything to the contrary herein, the commencement of construction of the CHANNEL PROJECT is contingent on the CITY’s completion of CEQA, the CITY’s satisfaction of any and all regulatory requirements, including mitigation, and the DISTRICT Board of Supervisors’ responsible agency findings. CITY shall not proceed with construction of the CHANNEL PROJECT until the DISTRICT Board of Supervisors has made the requisite responsible agency findings under CEQA and authorized the CHANNEL PROJECTS to proceed; and
WHEREAS, the DISTRICT agrees to reimburse CITY for estimated CHANNEL PROJECT costs associated with the construction of a trapezoidal rock-lined channel from the centerline of Split Rock Avenue, extending approximately from the Donnell Basin outlet west and 287 feet east along the Twentynine Palms Channel; and WHEREAS, DISTRICT estimates that the CHANNEL PROJECT shall cost approximately $3,760,000 to construct; and
WHEREAS, the PARTIES agree that the DISTRICT will fund the estimated CHANNEL PROJECT costs by reimbursing the CITY the estimated CHANNEL PROJECT cost, in an amount not to exceed Three Million Seventy Hundred and sixty Thousand Dollars ($3,760,000), plus an additional amount, not to exceed 25% of the DISTRICT's estimated CHANNEL PROJECT cost towards pre-approved contingency costs ($940,000); and WHEREAS, CITY is willing to advance the cost of constructing the CHANNEL PROJECT, subject to reimbursement by DISTRICT as set forth herein; and
WHEREAS, the BRIDGE PROJECT is delineated on the plan set on file with the DISTRICT under Permit Number P-62018034; and
WHEREAS, Split Rock Avenue is a CITY-maintained road providing public access; and

Revised 4/24/23 Page 3 of 13
WHEREAS, the PARTIES desire to set forth their respective responsibilities and obligations regarding construction of the PROJECTS.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

SECTION I

1.0 CITY AGREES TO:

1.1 Act as the Lead Agency to process all necessary environmental documents, including but not limited to compliance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA). The CITY shall be solely responsible for the cost of obtaining all necessary environmental clearances and environmental permits, including any and all mitigation required by the regulatory agencies, for the construction of the PROJECTS, including the CHANNEL PROJECT. Notwithstanding anything to the contrary herein, the commencement of construction of the CHANNEL PROJECT is contingent on the CITY’s completion of CEQA, the CITY’s satisfaction of any and all regulatory requirements, including mitigation, the DISTRICT Board of Supervisors’ (BOARD) responsible agency findings, and the BOARD’s authorization to move the CHANNEL PROJECT forward. CITY shall not proceed with construction of the CHANNEL PROJECT until the BOARD has made the requisite responsible agency findings under CEQA and authorized the CHANNEL PROJECTS to proceed.

1.2 (1) Prepare engineering plans, specifications, engineer’s estimates, and right-of-way related documents and (2) conduct all construction administration, including advertisements for bids, bid reviews, contract awards, construction, and all other needed inspections of the PROJECTS.

1.3 Submit to DISTRICT engineering plans, specifications, engineer’s cost estimate, invoices and progress reports regarding the portion of the PROJECTS which are within DISTRICT’s right-of-way for review and approval. CITY shall not commence advertising for the BRIDGE PROJECT contract bids until DISTRICT has reviewed and approved the engineering plans, specifications, and engineer’s cost estimate for the portion of the BRIDGE PROJECT which is within DISTRICT’s right-of-way in writing. CITY shall not commence advertising for the CHANNEL PROJECT contract bids until the satisfaction of the preconditions set forth in Section 1.1 and the DISTRICT has reviewed and approved the engineering plans, specifications, and engineer’s cost estimate for the CHANNEL PROJECT in writing.

1.4 Provide notification to the DISTRICT of any meetings related to the PROJECTS and schedule project development meetings periodically before and during construction to ensure that DISTRICT has the opportunity to be represented.

Revised 4/24/23 Page 4 of 13

1.5 Provide DISTRICT with copies of all reports and other technical documents related to the PROJECTS and allow DISTRICT to comment prior to accepting or finalizing such report or document.

1.6 Construct the CHANNEL PROJECT from the centerline of Split Rock Avenue, extending approximately from the Donnell Basin outlet west and 287 feet east along the Twentynine Palms Channel.

1.7 Construct the BRIDGE PROJECT and related road improvements at the CITY’s sole cost.

1.8 Arrange for relocation of any utilities that may interfered with construction of the PROJECTS within the PROJECTS’ sites.

1.9 Ensure PROJECTS are constructed in accordance with the plans and specifications approved by the DISTRICT.

1.10 Enter into construction contract(s) with contractor(s) for the PROJECTS.

1.11 Advertise, award, administer, and fund construction of the PROJECTS in accordance with the applicable provisions of the California Public Contract Code and all other applicable State laws, including, but not limited to, the California Civil and Labor Codes.

1.12 Perform inspections of all items of work performed under the construction contract(s) with the CITY’s contractor or subcontractors for the PROJECTS and maintain adequate records of inspection and materials testing made available for review to DISTRICT. The CITY shall provide copies of all records of inspection including inspection notes and materials testing to DISTRICT within ten (10) business days of the CITY’s receipt of written request from the DISTRICT for such records.

1.13 Submit quarterly progress reports to accompany or precede the quarterly invoices to meet the DISTRICT’s requirement for reimbursement of funds. The progress reports shall be sent via email to the DISTRICT’s Engineering Manager. The progress reports shall provide a brief description of the work performed during the reporting period including activities, milestones achieved, major accomplishments, and any problems encountered in the construction of the CHANNEL PROJECT.

1.14 Submit quarterly invoices to the DISTRICT for costs incurred on the CHANNEL PROJECT, which invoices shall include, at minimum, the following information:
a. Costs incurred for work performed in implementing the CHANNEL PROJECT during the period identified in the particular invoice.
b. Invoices submitted shall meet the following format requirements:

1. Cover letter with signature from the responsible CITY official.

2. Invoice must contain date of invoice, time period covered by the invoice, and the total amount due.

Revised 4/24/23 Page 5 of 13

3. A cost breakdown in table format with Vendor (Contractor, Invoices, and Staff Time), description of costs, total costs for each line item and the DISTRICT’s cost share for every invoice.

4. Invoices must be itemized.

5. Sufficient backup documentation (e.g. receipts, copies of checks, time sheets, labor reports, cost accounting reports) as determined by the DISTRICT much be provided to support all charges and all costs included in the invoice. Additional cost share shall be accounted for separately in the progress reports.
c. Cost incurred for the relocation of any utility associated with CHANNEL PROJECT (i.e. outside of the Split Rock Avenue Bridge footprint) before or during construction. d. Invoices shall be issued with a net sixty (60) calendar day payment term with the corresponding Agreement number stated on the invoice.
e. Submit the original, signed, invoice to the following address:

Michael Fam, Engineering Manager
San Bernardino County Flood Control District
825 East Third Street, Room 122
San Bernardino, CA 92415-0835

1.15 Complete the PROJECTS no later than August 20, 2027, barring delays due to force majeure events.

This date is established as the reasonable end date for the timely completion of the PROJECTS.

1.16 Upon completion of the BRIDGE PROJECT, CITY shall own, operate and maintain the local drainage improvements, including all catch basins and all manhole covers and appurtenances for the PROJECTS, and shall indemnify DISTRICT pursuant to Section 3.3.1.

1.17 Except in instances of emergencies, issue a no-fee permit to DISTRICT when the DISTRICT submits to the CITY Engineer, at least sixty (60) days in advance, plans for any proposed construction and/or maintenance of the CHANNEL PROJECT which requires a CITY road closure.

1.18 In instances of emergencies, DISTRICT may perform work on the CHANNEL PROJECT during the construction of the PROJECTS and shall notify the CITY of emergency work.

1.19 Except in instances of emergencies, the CITY agrees to obtain a no-fee permit from the DISTRICT by submitting to the DISTRICT at least sixty (60) days in advance, plans for any proposed construction and/or maintenance of the street, lateral connections to the CHANNEL PROJECT and manhole covers and appurtenances within the CHANNEL PROJECT area.

Revised 4/24/23 Page 6 of 13

1.20 In instances of emergencies, the CITY may perform work on the streets, and manhole covers and appurtenances, but shall immediately notify the DISTRICT of the emergency work.

1.21 Obtain a no-cost encroachment permit from DISTRICT for all work for the PROJECTS within DISTRICT-owned land, DISTRICT right-of-way.

1.22 Require all contractors and vendors working on the PROJECTS to have appropriate and adequate insurance coverage for the mutual protection and benefit of the PARTIES. All policies, except for the Workers’ Compensation, Errors and Omissions and Professional Liability policies, shall contain additional endorsements naming the San Bernardino County Flood Control District (DISTRICT) and San Bernardino County (COUNTY) and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services hereunder. The additional insured endorsement shall not limit the scope of coverage for the DISTRICT and COUNTY to vicarious liability but shall allow coverage for the DISTRICT to the full extent provided by the policy.

Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2020.11 85. If not self-insured, the CITY shall require the carriers of required coverage to waive all rights of subrogation against the DISTRICT, COUNTY, its officers, employees, agents, volunteers, contractors and subcontractors. All general or auto liability insurance coverage provided shall not prohibit the CITY and its employees or agents from waiving the right of subrogation prior to a loss or claim. The CITY hereby waives all rights of subrogation against the DISTRICT and/or COUNTY.

1.23 CITY shall include the following in all PROJECTS contracts: The Contractor agrees to indemnify, defend (with counsel reasonably approved by San Bernardino County Flood Control District (DISTRICT) and hold harmless the DISTRICT, San Bernardino County and their authorized officers, employees, agents and volunteers (the “Indemnitees”) from any and all claims, actions, losses, damages, and/or liability arising out of this contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the Indemnitees on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor’s indemnification obligation applies to the Indemnitee’s “active” as well as “passive” negligence but does not apply to the Indemnitee’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

1.24 Bid and Contract Documents. CITY shall (1) name the DISTRICT as an express third-party beneficiary in all of the construction contracts relating to the PROJECTS, (2) require the contractor(s) to provide Performance and Payment Bonds for each phase of the PROJECTS in an amount not less than 100% of the amount of that particular phase of the PROJECTS which bonds shall name the

Revised 4/24/23 Page 7 of 13
DISTRICT as an obligee, and (3) include the DISTRICT and San Bernardino County as an additional insured on all insurance provided by the contractor(s) for the PROJECTS, as set forth in Section 1.22 above. The Performance Bond obtained for the PROJECTS shall be in a form approved by the DISTRICT if the CITY does not utilize the DISTRICT’s standard Performance Bond form. CITY shall provide DISTRICT the proposed bid and contract documents for the PROJECTS, including the proposed bond forms, for the DISTRICT’s review and approval no less than ten (10) business days prior to the proposed day for the publication of the notice inviting bids. The Payment and Performance Bonds shall be delivered to DISTRICT prior to the commencement of any work on PROJECTS.

1.25 Provide to the DISTRICT, upon completion of PROJECTS, one (1) electronic set of “Record Drawings” of the PROJECTS.

1.26 Provide to DISTRICT, upon completion and written acceptance by the DISTRICT of the PROJECTS, a final accounting of actual total PROJECTS costs incurred.

1.27 Retain or cause to be retained for audit by DISTRICT or other government auditors for a period of three (3) years from the date of the final payment, all records and accounts relating to the PROJECTS.

1.28 Maintain all current and future Split Rock Avenue Road and bridge improvements, including, but not limited to, keeping the area free of weeds, trash, graffiti, unauthorized encroachments and trespassers, within the public road right of way and below the Split Rock Avenue Bridge that lies below the deck of the road.

SECTION II

2.0 DISTRICT AGREES TO:

2.1 Pay to the CITY the estimated CHANNEL PROJECT cost, based on the quarterly invoices identified in Section 1.14, in an amount not to exceed $3,760,000, plus an additional amount for pre-approved contingency costs, not to exceed 25% of the estimated CHANNEL PROJECT cost ($940,000). The DISTRICT's total funding participation under this AGREEMENT shall not exceed 125% of $3,760,000, or $4,700,000, which includes pre-approved contingency funds.

2.2 Pay the progress payments to the CITY on a quarterly basis. All progress payments will be subject to review and approval by the DISTRICT, as identified in Section 1.14.

2.3 Payment to CITY shall be within sixty (60) calendar days of invoicing. All payments shall be made via electronic funds transfer (EFT) directly deposited into CITY’S designated checking or another bank account. DISTRICT shall promptly comply with directions and accurately complete forms provided to process EFT payments

Revised 4/24/23 Page 8 of 13

2.4 Prior to construction, the DISTRICT shall review and provide written comments or approval of the plans for construction of the CHANNEL PROJECT within (15) business days from the receipt thereof from the CITY. In the event that the DISTRICT provides the CITY with comments to the plans, the DISTRICT shall review any resubmittals from the CITY within five (10) business days of resubmittals by the CITY and either provide further comments or written approval to the CITY. The DISTRICT shall review and approve (or provide written comments) any bid package and/or contract documents within five (10) business days of being provided with the documents by CITY staff.

2.5 Prior to the commencement of construction, the DISTRICT shall issue a no-cost construction or encroachment permits to the CITY as necessary for all work for the PROJECTS within DISTRICTowned land, DISTRICT right-of-way. .

2.6 The DISTRICT’s Chief Flood Control Engineer or his or her designee, is authorized to review and approve the documents identified in Section 2.4.

2.7 The DISTRICT shall designate an inspector for the CHANNEL PROJECT. The CITY shall ensure that the DISTRICT’s inspector has site access, is included in CHANNEL PROJECT meetings, and is timely provided with construction documentation, including materials testing results, and any other documentation as may requested by the DISTRICT inspector.

2.8 Maintain the CHANNEL PROJECT upon completion and written acceptance of the CHANNEL PROJECT by the DISTRICT.

2.9 Notwithstanding anything to the contrary herein, under no circumstances shall the DISTRICT be responsible for the cost of obtaining the necessary environmental clearances and environmental permits, including any and all mitigation required by the regulatory agencies, for the construction of the PROJECTS, including the CHANNEL PROJECT. Notwithstanding anything to the contrary herein, the commencement of construction of the CHANNEL PROJECT and DISTRICT’s payment obligations for such construction are contingent on the CITY’s completion of CEQA, the CITY’s satisfaction of any and all regulatory requirements, including mitigation, the BOARD’s responsible agency findings, and the BOARD’s authorization to move the CHANNEL PROJECT forward.

SECTION III

3.0 IT IS FURTHER UNDERSTOOD AND AGREED:

The Effective Date of the AGREEMENT shall be the first date upon which both the BOARD and CITY’s Council have approved the AGREEMENT.

Revised 4/24/23 Page 9 of 13

3.2 Except with respect to the PARTIES’ operation, maintenance, and indemnification obligations contained herein, which shall survive the termination of this AGREEMENT, this AGREEMENT shall terminate on August 20, 2027, unless otherwise earlier terminated as set forth herein.

3.3 Indemnification and Insurance

3.3.1 The CITY agrees to indemnify, defend (with counsel reasonably approved by the DISTRICT) and hold harmless the DISTRICT, COUNTY and their authorized officers, employees, agents, consultants and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this AGREEMENT and construction of the PROJECTS from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the DISTRICT and/or the COUNTY on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnitees. The CITY’s indemnification obligation applies to the DISTRICT’s and COUNTY’S “active” as well as “passive” negligence but does not apply to the DISTRICT’s and/or COUNTY’S “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

3.3.2 The DISTRICT agrees to indemnify, defend (with counsel reasonably approved by the CITY) and hold harmless the CITY and it authorized officers, employees, agents, consultants and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this AGREEMENT and construction of the PROJECTS from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the CITY on account of any claim except where such indemnification is prohibited by law. This indemnification provisions shall apply regardless of the existence or degree of fault of indemnitees. The DISTRICT’s indemnification obligation apply to CITY’s “active” as well as “passive” negligence but does not apply to CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.

3.3.3 Comparative Fault – In the event the DISTRICT and/or the CITY is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this AGREEMENT, the DISTRICT and the CITY shall indemnify the other to the extent of this comparative fault.

3.3.4 Self-Insurance – The PARTIES are authorized self-insured public entities for purposes of Professional Liability, General Liability, Automobile Liability and Worker’s Compensation and warrant that, through their respective programs of self-insurance and/or excess liability

Revised 4/24/23 Page 10 of 13
coverage, they have adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.

3.4 Default Provisions

3.4.1 The CITY will be in default under this AGREEMENT if any of the following occur:
a. Material breaches of the AGREEMENT, or any supplement or amendment to it. b. Making any false warranty, representation, or statement with respect to this AGREEMENT. c. Failure to make any remittance required by this AGREEMENT. d. Failure to submit timely progress reports.
e. Failure to routinely invoice the DISTRICT.

Should an event of default occur, the DISTRICT shall provide written notice of default to the CITY and shall give the CITY at least thirty (30) calendar days to cure the default from the date the notice is sent via first-class mail to the CITY; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within the thirty (30) day period, the CITY shall not be deemed in default if it diligently commences such cure within such period and thereafter diligently proceed to rectify and cure said default as soon as possible. If the CITY fails to cure the default within the time prescribed by the DISTRICT, the DISTRICT may do any of the following:
a. Terminate this AGREEMENT.
b. Take any other action that it deems necessary to protect its interest.

If the AGREEMENT is terminated due to CITY default, the DISTRICT shall review all funds already spent by the CITY. The CITY shall provide a detailed accounting of expenditures to date. The DISTRICT may require the CITY to reimburse any funds that were spent on aspects of the CHANNEL PROJECT for which construction was not completed or do not contribute to the completion of the CHANNEL PROJECT. Any reimbursement requirements will be determined based on a review of the detailed accounting and the specific circumstances of the default.

3.4.2 The DISTRICT will be in default under this AGREEMENT if any of the following occur:
a. Material breaches of this AGREEMENT, or any supplement or amendment to it. b. Making any false warranty, representation, or statement with respect to this AGREEMENT.

Should an event of default occur, the CITY shall provide written notice of default to the DISTRICT and shall give the DISTRICT at least thirty (30) calendar days to cure the default from the date the notice is sent via first-class mail to the DISTRICT; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within the thirty (30) day period, the DISTRICT shall not be

Revised 4/24/23 Page 11 of 13
deemed in default if it diligently commences such cure within such period and thereafter diligently proceed to rectify and cure said default as soon as possible. If the DISTRICT fails to cure the default within the time prescribed by the CITY, the CITY may do the following:
a. Terminate this AGREEMENT.
b. Take any other action that it deems necessary to protect its interest.

3.5 Since the PARTIES or their agents have participated fully in the preparation of this AGREEMENT, the language of this AGREEMENT shall be construed simply; according to its fair meaning, and not strictly for any or against any PARTY. Any term referencing time, days or period for performance shall be deemed workdays. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this AGREEMENT.

3.6 No supplement, modification, or amendment of this AGREEMENT shall be binding unless executed in writing and signed by all PARTIES.

3.7 All notices, approvals, contents or other documents required or permitted under this AGREEMENT shall be in writing and, except as otherwise provided herein, shall be effective upon personal delivery or three days after deposit in the United States mail, certified, with first class postage fully prepaid, addressed as follows:

3.8 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a PARTY shall give the other PARTY any contractual rights by custom, estoppel, or otherwise.

3.9 This AGREEMENT shall be governed by the laws of the State of California. If a court of competent jurisdiction declares any portion of this AGREEMENT invalid, illegal, or otherwise unenforceable. The remaining provisions shall continue in full force and effect, unless the purpose of this AGREEMENT is frustrated. Any dispute or action to enforce any obligation under this AGREEMENT shall be filed and resolved in the appropriate Superior Court in the County of San Bernardino, California. In the event of litigation arising from this AGREEMENT, each PARTY to the AGREEMENT shall bear its own costs, City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Attn: Stone James, City Manager
San Bernardino County
Flood Control District
825 East Third Street, Room 122
San Bernardino, CA 92415-0835
Attn: Michael Fam, Engineering Manager

Revised 4/24/23 Page 12 of 13
including attorney’s fees. This provision concerning costs shall not apply to costs or attorney’s fees relative to Section 3.3 of this AGREEMENT.

3.10 This AGREEMENT contains the entire AGREEMENT of the PARTIES with respect to the subject matter hereof, and supersedes all other prior negotiations, understandings, or contracts regarding the same. This AGREEMENT may only be modified in writing, signed by all PARTIES.

3.11 Time is of the essence for each and every provision of this AGREEMENT.

3.12 This AGREEMENT may be cancelled upon thirty (30) days prior written notice of any PARTY, provided however, that no PARTY may cancel this AGREEMENT without cause after CITY awards contract(s) to construct the BRIDGE PROJECT and/or the CHANNEL PROJECT.

3.13 The Recitals preceding the terms of this AGREEMENT are incorporated into the terms hereof by this reference and constitute constructive terms of this AGREEMENT.

3.14 This AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of the PARTIES.

3.15 This AGREEMENT may be signed in counterparts, each of which shall constitute an original.

Revised 4/24/23 Page 13 of 13
IN WITNESS WHEREOF, this AGREEMENT has been fully executed on behalf of the DISTRICT and the CITY by their duly authorized officers, effective as of the date hereunder written.

FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by District Sophie A. Curtis, Deputy County Counsel Andy Silao, P.E. Noel Castillo, Chief Flood Control Engineer Date Date Date

SAN BERNARDINO COUNTY

FLOOD CONTROL DISTRICT
City of Twentynine Palms
(Print or type name of corporation, company, contractor, etc.) By
Dawn Rowe, Chair (Authorized signature - sign in blue ink) Dated: Name Stone James
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)

DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title City Manager
Lynna Monell, Clerk of the Board (Print or Type)
By Dated:

Deputy
Address
6136 Adobe Road
Twentynine Palms, CA 92277

STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Aug 13 2024
SUBJECT: Development Code Amendment Article 4 Part 1 - Second Reading.

RECOMMENDATION:

The City Council find the amendment exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment.

ORDER OF PROCEDURE:

Request Staff Report
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Article 4 Part 1
• Article 4 Site Development
Regulations Part 1 draft
• PC Reso 24-09 Article 4 Part 1
Site Dev Regulations
BACKGROUND:

On July 23, 2024, the City Council conducted a Public Hearing on a proposed amendment to Chapters

19.68, 19.70, 19.73, and 19.74 of Article 4 of the City's Development Code. On May 21, 2024, the Planning Commission held a Public Hearing on a proposed amendment to these same Chapters of the Development Code and forwarded a recommendation to the City Council for approval of the amendment. This was a continuation of the Commission's Hearing held on April 16, 2024. The Commission had a few modifications to the draft code that was presented by Staff. The Commission consensus was that open storage of boats, RV's and trailers are permitted in the front and street side yard setbacks of RS and RL zoning districts.

The Planning Commission consensus on fence heights was that six foot in the front yard and street side yard setback is appropriate in residential, public and commercial zoning districts and that eight foot in the front yard and street side yard setback is appropriate in the industrial zoning district.

The primary changes are identified below and were reviewed by the Planning Commission at the meeting of April 16th. Other minor changes such as removing unnecessary verbiage or correcting errors have also been made.

Chapter 19.68 General Development Standards and Exceptions

1. Establish a height limitation for installation of structures such as water elements or art pieces in the setback areas.

2. Establish setbacks for the installation of pools and spas

3. Establish regulations on the storage of boats, trailers, construction equipment, etc.

Chapter 19.69 Residential Development Standards and Design Criteria

1. Removing the requirements for roof pitch and 24-inch eaves on manufactured homes.

2. Removing the requirement for multi-family development to be open communities.

3. Removing the requirement for the development of design guidelines.

Chapter 19.70 Accessory Uses and Structures

1. Removing the allowance of cargo containers on vacant lots

2. Limiting the construction of guest houses to one per lot.

3. Simplifying the language on architectural compatibility.

4. Placing a limit of two cargo containers per residential lot.

Chapter 19.73 Commercial and Industrial Development Standards and Design Criteria

1. Modifying the square footage limit for development standard compliance.

2. Removing the requirement for the development of design guidelines.

Chapter 19.74 Fences, Walls and Screens

1. Modifying the language regarding barbed wire fencing.

2. Removing the requirement for graffiti resistant treatment as it is not enforceable.

ENVIRONMENTAL:

This action is exempt from CEQA pursuant to Section 15061(b)(3), which states that the activity is covered by the common-sense exception 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 on the environment, the activity is not subject to CEQA.

ALTERNATIVES:

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

2. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

1 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 CHAPTERS 19.68, 19.69, 19.70, 19.73 AND 19.74 OF ARTICLE 4, SITE DEVELOPMENT REGULATIONS 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 April 16, 2024, and May 21, 2024, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapters 19.68, 19.69, 19.70, 19.73 and 19.74 of Article 4, Site Development Regulations; and
WHEREAS, on Wednesday, July 10, 2024, 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 July 23, 2024, the City Council of the City of Twentynine Palms conducted duly noticed and advertised Public Hearings 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 July 23, 2024, at which time the Council introduced Ordinance No. ___, amending Chapters 19.68, 19.69,

19.70, 19.73 and 19.74 of Article 4, Site Development Regulations; and WHEREAS, on July 23, 2024, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines, 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,

2 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. 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 4 of the Development Code, removing unnecessary verbiage and 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 4, Site Development Regulations.

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

The modifications to Article 4 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, Chapters 19.68, 19.69, 19.70, 19.73 and 19.74 of Article 4, Site Development Regulations, 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.

3 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 23rd day of July 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.

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

Steve Bilderain, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

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

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Cindy Villescas CMC, City Clerk

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised General Development
Effective Page 19.68-1 Standards and Exceptions
EXHIBIT “A”
Chapter 19.68 General Development Standards and Exceptions Sections

19.68.010 Purpose ...............................................................................................................19.68-1

19.68.020 Height Measurements and Exceptions...............................................................19.68-1

19.68.030 Setback Requirements and Exceptions...............................................................19.68-2

19.68.010 Purpose
This Chapter establishes general development standards for height measurements and exceptions, as well as setback measurements and exceptions (e.g., projections, encroachments). Subsequent Chapters in this Article establish site development standards applicable to all uses or specific use types. Basic development standards applicable to each zone (e.g., density, lot area, building setback requirements, and height limitations) are provided in Article 2 (Land Use/Zoning Districts).

19.68.020 Height Measurements and Exceptions
The following rules apply to the calculation and determination of height of structures in the City. The intent of these regulations is to provide for compatibility in the measurement of building height under a variety of circumstances (e.g., sloped site).

A. Height Measurement. The height of a structure shall be measured as the vertical distance from the finish grade to the highest point of the roof of the structure. Height is measured as the vertical distance from the finish grade of the site to an imaginary plane located the allowed number of feet above and parallel to the finish grade. See Figure 19.68.020-1 (Height Measurement).

Figure 19.68.020-1
Height Measurement
B. Height Limits. Height limits are established throughout this Title. Primarily, height limits are listed in the Chapters of Article 2 (Land Use/Zoning Districts). Additional height limits are established for

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised General Development
Effective Page 19.68-2 Standards and Exceptions
accessory structures, fences and walls, outdoor lighting, and signs and are contained in subsequent Chapters of this Article.

C. Height Exceptions. Height limits typically exclude architectural features and appurtenances such as, but not limited to, chimneys, antennas, elevators, windmills and similar mechanical equipment.

1. Architectural Features. Chimneys, cupolas, flagpoles, monuments, radio and other towers, gas storage holders, water tanks, and similar structures and mechanical appurtenances may be permitted in excess of building height limits by no more than 50 percent of the applicable height limitation; provided, however, that the same may be safely erected and maintained at such height in view of the specific conditions and circumstances affecting the structure and adjacent properties.

2. Structures in Residential Districts.
a. Antenna, Noncommercial. One noncommercial antenna may be permitted up to 52.5 feet in height for each parcel. Antennae shall be set back from all property lines at least 1.25 times the height of the antenna. Height does not include the additional height of whip antennae.

Additional antennae shall require a Conditional Use Permit. b. Windmills, Noncommercial. One noncommercial windmill or solar energy collector may be permitted up to 35 feet in height for each parcel. Structures shall be set back from all property lines at least 1.25 times the height of the structure, measured to the top of the highest element of the structure. Additional windmills or solar collectors shall require a Conditional Use Permit.

Up to a 50 percent increase in height, to 52.5 feet, may be approved subject to a Conditional Use Permit.

19.68.030 Setback Requirements and Exceptions
A. General Yard and Setback Requirements.

1. Required Yard Area. Except as otherwise specified in this Title, required yard areas shall be kept free of buildings and structures.
a. Exceptions:
i. Water Elements. Water elements such as fountains, ponds, and other water treatments, up to a maximum height of six feet, may be placed in setback areas, provided they are integral to the overall architectural or landscape design of the site and do not create a traffic safety hazard. The installation of water elements may be subject to approval of building permits. ii. Public Art Installations. PublicInstallation of art, such as sculptures, statues, murals and other installations of an adequately durable and weatherproof design, up to a maximum height of six feet, may be placed in street setback areas, provided they are integral to the overall architectural or landscape design of the site and do not create a traffic safety hazard.

The installation of art may be subject to approval of building permits.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised General Development
Effective Page 19.68-3 Standards and Exceptions

2. Exclusivity of Required Yard Area. No yard or other open space provided around any building for the purpose of complying with this Title shall be considered as providing a yard or open space for any other building or structure.

B. Through Lots. On through lots, either line separating such lot from a public thoroughfare may be designated by the owner as the front lot line. In such cases, the minimum rear yard shall be the average of the yards on lots next adjoining. If such lots next adjoining are undeveloped, the minimum rear yard shall conform to the front yard setback for the zone in which the property is located. See Figure

19.68.030-1 (Lot Type Diagram) for an illustration of a through lot.

Figure 19.68.030-1
Lot Type Diagram
C. Front Yards. Generally, the front yard setback is determined by the front lot line, which is the lot line paralleling the street. In the case of a lot abutting two or more streets (corner lot), the front yard shall be the shortest length of the lot abutting a street, unless otherwise designated by the Community Development Director. See Figure 19.68.030-2 (Yard Setback Measurement Diagram) for an illustration of all yards.

D. Street Side Yards. Except as otherwise permitted, a street side yard shall be used only for landscaping, pedestrian walkways, driveways or off-street parking.

E. Rear and Interior Side Yards. Except as otherwise permitted, these yards shall be used only for landscaping, pedestrian walkways, driveways, off-street parking or loading, recreational activities or facilities, or similar accessory activities.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised General Development
Effective Page 19.68-4 Standards and Exceptions
F. Vertical Clearance. Except as otherwise provided in this Title, every part of a required yard shall be open from its lowest point to the sky unobstructed. Building overhangs, bay windows, and other such elements may intrude as permitted, pursuant to Subsection 19.68.030.H (Allowed Encroachments or Projections into Required Yards).

G. Setback Measurement. The setback of all buildings and structures shall be measured at a right angle from the property line. Except as permitted in Subsection 19.68.030.H (Allowed Encroachments or Projections into Required Yards), or as otherwise specified in this Title for specific types of structures (e.g., accessory structures, signs) or through the issuance of the applicable permit, structures shall not extend beyond required setback lines.

Figure 19.68.030-2
Yard Setback Measurement Diagram
H. Allowed Encroachments or Projections into Required Yards. In addition to the structures listed in Section 19.70 (Accessory Uses and Structures) and Section 19.74 (Fences, Walls, and Screens), the following structures and architectural features attached to the main building may project into the required yards as set forth below.

I. Residential and Public District Projections and Encroachments.

1. No projection may be permitted to obstruct the view of a required clear site triangle.

2. Attached architectural features such as awnings, canopies, eaves, chimneys, cornices, planter boxes, bay windows and cantilevered portions of the structure (not exceeding 50 percent of the length of the wall to which they are attached) and similar architectural features or mechanical equipment normally incidental to the use are permitted to encroach up to 4 feet into front or rear yards and up to 2 feet into side or street side yards.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised General Development
Effective Page 19.68-5 Standards and Exceptions

3. For properties in the R-HD district, attached unenclosed patio roofs, decks, porches and similar structures (having open, unenclosed sides around at least 50 percent of their perimeters) are permitted to encroach 15 5 feet into a rear yard, with a minimum 5-foot setback to the rear yard property line. In no case shall such encroachments exceed 50 percent of the length of a building.

4. For properties in all residential districts except R-HD, attached unenclosed patio roofs, decks, porches and similar structures (having open, unenclosed sides around at least 50 percent of their perimeters) are permitted to encroach up to 50 percent of the required rear yard, with a minimum 5-foot setback to the rear yard property line. In no case shall such encroachments exceed 50 percent of the length of a building.

5. Pools, spas, and related equipment no greater than 6 feet in height may be located in a required rear or interior , side, or street side yard setbacks, with a minimum 5-foot setback to the property lines.

6. Open storage of boats, recreational vehicles and trailers, and construction vehicles and equipment are not allowed in front and street side yard areas of multi-family residential and public districts. (RM, R-HD, P). (04/16/24 Commission consensus was to allow in RS and RL zones)

6.7.Storage of construction vehicles and equipment is not permitted in residential and public districts.

J. Nonresidential Projections and Encroachments.

1. No projection may be permitted to obstruct the view of a required clear site triangle.

2. Attached architectural features such as awnings, canopies, eaves, chimneys, cornices, planter boxes, bay windows, and cantilevered portions of the structure (not exceeding 50 percent of the length of the wall on any one story) are permitted to encroach up to 4 feet into front or rear yards and up to 2 feet into side or street side yards.

3. Attached unenclosed patio roofs, decks, porches and similar structures (having open, unenclosed sides around at least 50 percent of their perimeters) are permitted to encroach to within 1 foot of the rear, side, or street side property line, subject to an Administrative Use Permit.

4. Stairways, landings, corridors and fire escapes are permitted to encroach up to 5 feet in front and street side yards, up to 4 feet in interior side yards, and up to 510 feet in rear yards.

5. Open Storage of boats, recreational vehicles, trailers, and construction vehicles and equipment are not permitted in allowed in front and street side yard areas of commercial districts (CO, CN, CG, CT).

City of Twentynine Palms Development Code Article 4, Special Regulating Uses Adopted July 26, 2016
Revised Residential Development Standards
Effective Page 19.69-1 and Design Criteria
Chapter 19.69 Residential Development Standards and Design Criteria
Sections

19.69.010 Purpose ............................................................................................................... 19.69-1

19.69.020 Applicability ....................................................................................................... 19.69-1

19.69.030 Review Required ................................................................................................ 19.69-1

19.69.040 Development Standards – Manufactured or Mobile Homes .............................. 19.69-1

19.69.050 Development Standards – Multi-Family Residential ......................................... 19.69-2

19.69.060 Design Criteria – Residential ............................................................................. 19.69-3

19.69.010 Purpose
This Chapter establishes standards for conventionally built, mobile and manufactured homes to ensure consistency with state law requirements and for multi-family residential development to ensure consistency with surrounding land uses and the policies of the General Plan. This Chapter also enables the development of design criteria to allow flexibility in design solutions for residential development.

19.69.020 Applicability
The standards contained in this Chapter shall apply to the following, unless specifically stated otherwise:

A. New Uses and Structures. For all buildings erected and all uses of land established after the effective date of this Title, the development standards in this Chapter shall be complied with.

B. Modification to Existing Structures and Uses. Whenever an existing building is modified or a use is expanded such that it creates an increase of 1,000 square feet or more or 4 or more in the number of existing dwelling units for multiple-family residential projects, the development standards in this Chapter shall be complied with.

19.69.030 Review Required
Consistency with the regulations contained in this Chapter shall be reviewed concurrent with any required Building Permit or Land Use Permit for applicable projects.

19.69.040 Development Standards – Manufactured or Mobile Homes The following standards shall apply to all manufactured or mobile homes on lots permitting single-family residences.

A. Manufactured and mobile homes shall be constructed to meet the standards of the National MobilehomeMobile Home Construction and Safety Standards Act pursuant to Section 18551 of the California Health and Safety Code.

B. Manufactured and mobile homes must be less than 10 years old. , unless an older coach is approved by the Planning Commission.

City of Twentynine Palms Development Code Article 4, Special Regulating Uses Adopted July 26, 2016
Revised Residential Development Standards
Effective Page 19.69-2 and Design Criteria
C. Manufactured and mobile homes shall be attached to an engineered, permanent perimeter foundation approved by the Building and Safety Division.

D. The home shall have a minimum width and depth of 20 feet excluding garages, porches, patios, eaves, cabanas and popouts.

E. The siding material shall consist of stucco, wood, brick, stone or decorative concrete block. Synthetic siding material and textures may be used when determined by the Planning Division to be compatible with the neighborhood.

F. The exterior covering material shall extend to surrounding grade.

G. The roofing material shall be tile, rock, shingles or materials customarily used on residential structures in the neighborhood.

H. The roof shall have a pitch not less than 2 inches of vertical rise for each 12 inches of horizontal run.

I. The roof shall have sloping lines with a minimum 24-inch eave overhang, measured from the vertical side of the home. The Community Development Director (Director) may approve an alternate design, if the Director finds that the alternate design is architecturally compatible with homes in the vicinity or that the alternate design is compatible with the Desert Southwest Design Guidelines adopted by the City.

19.69.050 Development Standards – Multi-Family Residential A. On-site recreational areas for both adults and children for any proposed multi-family project exceeding 10 dwelling units shall be provided.

B. Bus benches and shelters shall be designed into large-scale projects when bus service is available or planned.

C. Trash storage facilities shall be provided in accordance with Chapter 19.92 (Trash Storage Facilities).

D. New construction and development shall be generally consistent in scale, mass and character with other structures in the immediately surrounding neighborhood.

E. New multi-family development shall be designed as publicly accessible open communities, unless a Use Permit is obtained authorizing fencing and/or gating of the development.

F.E. New multi-family development shall be designed to preserve natural and scenic resources, where feasible.

G.F. New multi-family development shall provide a minimum 20-foot separation between buildings, as determined by adopted Building Code and Fire Dept. requirements.

City of Twentynine Palms Development Code Article 4, Special Regulating Uses Adopted July 26, 2016
Revised Residential Development Standards
Effective Page 19.69-3 and Design Criteria
H.G. New multi-family development shall incorporate an internal street design that provides direct and efficient routes to adjacent public streets.

I.H.New multi-family development shall provide pedestrian connections to adjacent residential and commercial developments. Such access shall be physically separated from vehicular traffic, except where the access utilizes public sidewalks within a public-right-of-way.

J.I. New multi-family development shall provide pedestrian and bicycle access to open space, parks and adjacent neighborhoods. Such access shall not be mixed with vehicular and through traffic, except where the access utilizes public sidewalks or bikeways within a public-right-of-way.

K.J.Homeowner associations or other legally enforceable mechanisms shall be established to maintain all common areas within multiple-family developments.

L. Multi-family developments shall be in compliance with the adopted Multi-Family Residential Design Guidelines.

19.69.060 Design Guidelines – Residential Uses
A. Purpose. Residential design criteria are intended to be used as a reference to assist project designers in understanding and responding to the City’s goals and objectives for high-quality single-family and multi-family residential development. The criteria complement the development regulations in this Development Code by providing examples of potential design solutions and appropriate design interpretations.

B. Applicability. These residential design criteria are advisory for permitted uses, but shall be used as a guide in conjunction with uses subject to a Site Plan Review, inor xception, Administrative Use Permit, Conditional Use Permit, ariance, ubdivision, or a lanned evelopment proposal to encourage a high level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

C. Implementation. Effective implementation of the design criteria shall be considered as a basis for making the required findings for approval provided, however, that applicants may submit alternative design solutions that are different than contained in the criteria but result in superior solutions that also are consistent with the General Plan. The criteria shall address:

1. Site design, including parking layout/location, building location, and building massing.

2. Appropriate use of signage.

3. Use of architectural features and landscape features, and provision of public areas.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.70-1 Accessory Uses and Structures
Chapter 19.70 Accessory Uses and Structures
Sections

19.70.010 Purpose ............................................................................................................... 19.70-1

19.70.020 Applicability ....................................................................................................... 19.70-1

19.70.030 Permit Requirements .......................................................................................... 19.70-1

19.70.040 Exempt Accessory Structures ............................................................................. 19.70-1

19.70.050 Allowed Uses and Development Standards – General ....................................... 19.70-2

19.70.060 Allowed Uses and Development Standards – Residential ................................. 19.70-3

19.70.070 Allowed Uses and Development Standards – Commercial, Industrial, and Public ............................................................................................................................ 19.70-6

19.70.080 Accessory Outdoor Display ................................................................................ 19.70-7

19.70.090 Accessory Residential Dwellings ....................................................................... 19.70-8

19.70.010 Purpose
This Chapter establishes the regulations and criteria that allow compatible accessory uses to be located within the various land use districts in conjunction with a primary use or incidental to the primary use on the same property. Unless otherwise provided, all accessory uses are subject to the same regulations as the primary use.

19.70.020 Applicability
The regulations and standards contained in this Chapter shall apply only to those structures and uses expressly identified in this Section and shall be in addition to any other development standards and regulations contained elsewhere in this Development Code. For the purposes of this Title, accessory second dwelling units are not considered accessory structures; accessory second dwelling units are governed by the requirements of Chapter 19.134 (Accessory Second Dwelling Units) and are exempt from the requirements of this Chapter.

19.70.030 Permit Requirements
A. All accessory structures, including those accessory structures identified in Section 19.70.040 (Exempt Accessory Structures), are subject to review through the same permit process required for the primary use. Where no permit is required, the accessory structure shall be reviewed through the Zoning Clearance process to ensure consistency with all applicable development standards.

B. Accessory outdoor display is exempt from the requirement to obtain a permit where such display meets all standards of Section 19.70.080 (Accessory Outdoor Display).

19.70.040 Exempt Accessory Structures
The following accessory structures are exempt from the development standards of this Chapter.

A. Play equipment that is no greater than 8 feet in height.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.70-2 Accessory Uses and Structures
B. Decks or uncovered patios.

C. Tennis courts.

D. Pools and spas.

E. Pool accessories no greater than 8 feet in height, excluding mechanical equipment.

F. Water wells.

G. Similar at-grade or below-grade structures.

19.70.050 Allowed Uses and Development Standards – General A. In addition to the accessory uses specifically provided for by this Section or elsewhere in the Development Code, each land use shall be deemed to include such other accessory uses which are necessarily and customarily associated with and are clearly incidental and subordinate to the land use.

Whenever such accessory uses are questioned, it shall be the responsibility of the Community Development Director to determine if a proposed accessory use meets the criteria set forth in this Chapter.

B. The combination of accessory structures and primary use structures shall not exceed the maximum lot coverage or floor area ratio (FAR) specified by the land use district. Landscape features, pools, spas and related equipment shall not count toward and are not subject to the maximum lot coverage and maximum FAR requirements.

C. Permitted accessory structures shall be located on the same parcel as the primary use within the building envelope, except where expressly allowed.

D. Seagoing cargo containers or similar storage facilities may be used for the purpose of temporary storage or containment of construction cleanup materials, subject to the following:

1. Seagoing cargo containers or similar storage facilities may be located anywhere on the property, except in the clear sight triangles, during the duration of an active Building Permit.

2. Such temporary storage devices must be removed within 30 days of Building Permit finaling or expiration.

3. No permit is necessary for this type of use; however, the contractor is to inform the City of the intended use of these cargo containers and have the fact noted on other issued permit(s).

E. Seagoing cargo containers or similar storage facilities may be used on a vacant or developed property for the purpose of temporary storage or containment of cleanup material other than construction cleanup materials, subject to the issuance of a Temporary Use Permit in accordance with Chapter 19.34 (Temporary Use Permit and Standards).

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.70-3 Accessory Uses and Structures

19.70.060 Allowed Uses and Development Standards – Residential A. Accessory Uses. The following uses shall be permitted as accessory uses to each single dwelling unit which is allowed:

1. Guest Housing. Residential occupancy of a living unit, with no kitchen plumbing, located on the same parcel as the primary dwelling unit, but separated from it by at least 10 feet. This housing is for use by the occupants or temporary guests of the occupants of the premises and is not to be rented or otherwise used as a separate dwelling, except as provided in Section 19.70.090 (Accessory Residential Dwellings). A maximum of one guest house shall be allowed per parcel.

2.1.Accessory animal boarding, breeding, housing, lodging, sheltering or raising as specified by Chapter 19.102 (Animal Keeping).

B. Accessory Structures. The following regulations shall apply to all accessory structures as specified:

1. Architectural Compatibility. All accessory structures that enclose or shelter 120 square feet or more than 500 square feet of floor area shall be required to be architecturally compatible with the main building(s) on site. Architectural compatibility shall be determined by similar architectural style and color. as follows:
a. An accessory structure shall be considered architecturally compatible when the accessory structure possesses at least two of the following architectural features or traits of the primary use structure on-site:
i. Equal or lesser height than the primary structure on-site. ii. Wall-covering materials (wood, stucco, metal).
iii. Wall texture (smooth, stucco, lace stucco, lap siding). iv. Roofing material (tile, shake, composition, metal). v. Roofing pitch.
vi. Structural eaves (present or absent; when present, the extent/distance projecting from supporting wall).
vii. Fascia materials (present and, if so, decorative or functional). viii. Mass and scale of structure relative to structural height (short and broad, tall and thin, massive).
ix. Windows size (proportionally large and/or small relative to surrounding wall). x. Window characteristics (few or numerous, single-pane, multi-pane, decorative).

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.70-4 Accessory Uses and Structures
xi. Decorative treatments (pop-outs, columns, dormers, window surrounds, decorative arches).
b. The Planning Commission may determine an accessory building to be architecturally compatible with the main building on a site where the Commission finds that the proposed accessory structure is consistent, compatible and complementary to the main building on-site and/or to the buildings in the immediate area. A Conditional Use Permit shall be required and processed in accordance with Chapter 19.42 (Conditional Use Permit).

2. Exemptions from Architectural Compatibility.
a. All accessory structures, whether or not a Building Permit is required, which enclose or shelter 500 square feet or less of floor area or which are located within the Rural Living (RL) District, regardless of size, shall not be required to be architecturally compatible with the primary use structure on-site.
a. Any accessory structure which, by its location, is not visible from any individual at ground or second-story level from any public right-of-way or adjoining property shall not be required to be architecturally compatible with the primary use structure on-site.

3. Accessory structures which enclose or shelter more than 500 square feet of floor area shall not be located within any required front, side, street side or rear yard setback area.

4. Accessory structures which enclose or shelter more than 120 square feet of floor area, up to and including 500 square feet of floor area, may be located within the required side or rear yard setback area, subject to compliance with all other applicable requirements of this Code.

5. Accessory structures which enclose or shelter 120 square feet of floor area or less may be located within the required side, street side, or rear yard setback area, subject to compliance with all other applicable requirements of this Code.

6. Color. All accessory structures, regardless of size, shall be painted a color compatible with the primary use structure on-site. This requirement shall also apply to those accessory structures that are exempt from the architectural compatibility requirements of Subsection 19.70.060.B(1), above.

7.2.In the Single-Family Residential (RS) Districts, the cumulative total area of all accessory structures upon a recorded lot may not exceed 50 percent of the area of the main structure or 1,000 square feet, whichever is larger. Within the Rural Living (RL) Districts, the cumulative total area of all accessory buildings upon a recorded lot may not exceed 100 percent of the area of the main structure or 2,500 square feet, whichever is larger. An accessory second dwelling unit as permitted under Chapter 19.134 (Accessory Second Dwelling Units) shall not be included within the cumulative total of allowed square footage for accessory structure(s). A greater size may be approved through a Conditional Use Permit.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.70-5 Accessory Uses and Structures

8.3.In the RS Districts, an accessory structure may not be higher than the height of the established primary use structure or sixteen feet (16’) whichever is greater. A greater height may be approved through a Conditional Use Permit.

9.4.In the RL District, accessory structures may be constructed up to the maximum height allowed within the land use district in which it is located, regardless of the height of the primary use structure. A greater height may be approved through a Conditional Use Permit.

10.5. In the Multi-Family Residential (RM) District, the cumulative total area of all accessory structures upon a recorded lot may not exceed 50 percent of the cumulative total habitable area of all primary structures on-site containing a residential unit and shall be subject to the height, setback and lot coverage limitations of the RM Land Use District.

11.6. In all residential districts, when the height of an accessory structure is greater than the required yard setback, the accessory structure shall be located a minimum distance from the property line equal to that of the height of the accessory structure.

C. Seagoing cargo containers and similar storage facilities may be permitted as permanent storage facilities on a lot containing a residence subject to the following conditions. A maximum of two cargo containers are permitted on any residentially zoned property.

1. Approval of a Cargo Container Review Permit Site Plan Review where it is demonstrated that the requested container(s) is to be located within the rear one-half of the lot and shall be screened from view of any public rights-of-ways or adjacent residential properties by residential structures, landforms or physical features of the lot, landscaping or opaque fencing of up to 8 6 feet in height, with any visible remaining exterior portion of the container(s) painted in a manner compatible with the principal residence on-site.

2. Screening shall be waived if the container(s) is/are completely encased within an on-site, stick-built skin and eaves, which are architecturally consistent with the primary residence on-site and are in compliance with the required setbacks for the zoning district. located no closer than 50 feet to any adjoining property line.

3. Containers shall be maintained in reasonable aesthetic condition at all times, as determined by the Community Development Director; shall not exceed 50 percent of the floor area of the primary residence on-site, inclusive of all accessory structures; shall not be stacked one atop another; and shall not be used for habitation of persons or animals.

4. Alternative allowances, including size, screening, condition, location, or habitation, may be considered and approved by the Planning Commission under review and approval of a Conditional Use Permit.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.70-6 Accessory Uses and Structures

19.70.070 Allowed Uses and Development Standards – Commercial, Industrial, and Public
A. Accessory Uses. The following uses shall be permitted as accessory uses to primary commercial, industrial, or public uses which are allowed by a land use district:

1. Accessory residential dwellings as specified in Section 19.70.090 (Accessory Residential Dwellings).

2. Accessory outdoor sales or display areas subject to the standards set forth in Section 19.70.080 (Accessory Outdoor Display).

B. Accessory Structures. The following regulations shall apply to all accessory structures as specified:

1. Permanent use of seagoing cargo containers and similar storage facilities may be used as accessory structures on lots designated for commercial or industrial uses and containing an existing use subject to the following conditions:
a. Approval of a Site Plan Review where it is demonstrated that the requested container(s) shall not be located within any required setback area, shall not be located closer than 50 feet to any public rights-of-way when located between the right-of-way and any structure on-site, and shall be screened from view of any property used for residential purposes and/or the public rightsof-way by on-site structures, landforms or physical features of the lot, landscaping or opaque fencing of up to 8 feet in height, wherein any visible remaining exterior portion of the container(s) shall be painted in a color compatible with the primary use structure on-site. b. Screening shall be waived if the container(s) is/are completely encased within an on-site, stickbuilt skin and eaves, which are architecturally consistent with the primary residence on-site and are in compliance with the setbacks for the zoning district. located no closer than 50 feet to any adjoining property line.
c. Containers shall be maintained in reasonable aesthetic condition at all times, as determined by the Community Development Director; shall not exceed 500 square feet of container per acre of land; shall not be stacked one atop another; and shall not be used for habitation of persons or animals. Further, containers may be mobile if all possible future locations of such container(s) are identified, screening is provided, and the locations are approved under the Site Plan Review.
d. No seagoing cargo container(s) shall be utilized for any purpose other than that directly associated with the primary activity on-site, nor shall the container(s) be allowed to be rented, leased or hired for compensation of any means.
e. Alternative allowances, including size, screening, condition, location, or habitation, may be considered and approved by the Planning Commission under review and approval of a Conditional Use Permit.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.70-7 Accessory Uses and Structures

19.70.080 Accessory Outdoor Display
The intent of this Section is to provide for the appropriate location and design of outdoor sales and display areas and to mitigate any adverse impacts that such uses may have on adjacent properties and rights-ofway.

A. Accessory Outdoor Sales and Display Permitted. Outdoor sales and display shall be permitted as an accessory use only in commercial and industrial land use districts, subject to the following requirements:

1. Outdoor sales and display shall only be permitted in an area not greater than 500 square feet or 10 percent of the gross floor area of the ground floor of the building, whichever is less, and shall be located at least 50 feet from any residentially zoned property.

2. Outdoor sales and display shall not be permitted within any required setback area, except as allowed under Subsection 19.70.080.A.4.

3. Stacked items shall not exceed 6 feet in height. No material or display items shall be located within 3 feet of any building entry.

4. Vending machines and accessory outdoor sales and display may be permitted outside of the building and within a required setback when located against and parallel to the building facade, extending up to 4 feet in depth from the building. These items shall count toward the total outdoor sales and display area permitted by this Section. Public telephones and mailboxes are excluded from these regulations.

5. Outdoor sales and display of items shall be located on a permanent durable surface.

6. No outdoor sales and display shall be allowed in areas set aside, required or designated for pedestrian walkways, drive ing aisles, driveways, maneuvering areas, emergency access ways, offstreet parking or unloading/loading.

7. Outdoor sales and display items may be located on sidewalks in the public right-of-way only if permitted in accordance with Chapter 19.55 6 (Transient Seller’s and Sidewalk Vending Licenses).

Outdoor sales and display items shall be permitted on privately owned walks or other areas intended for pedestrian movement provided an unobstructed, continuous path with a minimum 4-foot width is maintained. Materials located at the edge of a pedestrian way adjacent to a driving aisle shall not extend more than 10 feet without providing a break of not less than 4 feet in width to allow for unobstructed access onto the pedestrian way.

8. Items for outdoor sale and display shall be completely screened from view from any abutting residentially zoned property.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.70-8 Accessory Uses and Structures

9. No outdoor sales, storage or display areas shall be located in the clear sight triangle as defined by this Code, or located in any manner that would restrict or limit adequate sight distances for interior or exterior vehicular movements.

10. Any outdoor display or sale item located outdoors in a manner constituting a sign must conform to the appropriate sign ordinance or regulations.

11. In the City of Twentynine Palms, Outdoor sales and display shall only be accessory to a principal nonresidential use where such use conducts its activities within a completely enclosed building or group of buildings on the same property, shall be conducted by employees of the principal use, and shall be owned by the owner of the principal use and not a consignment operation or arrangement.

19.70.090 Accessory Residential Dwellings
The following dwelling is allowed as an accessory use to a primary agricultural, commercial, industrial or institutional use where such use demonstrates the need for on-site residency of one or more people to maintain, operate and/or secure the primary nonresidential land use on the property.

A. Caretaker’s Residence. Residential occupancy of a dwelling unit by the owners, operators or caretaker employed to maintain, operate or guard part or all of the property on which the caretaker dwelling is located as an accessory use. The caretaker dwelling unit may be located either above the first floor or behind a primary use structure. Caretaker housing shall be processed in accordance with the permit requirements identified in the applicable land use district chapters contained in Article 2 of this Development Code.

City of Twentynine Palms Development Code Article 4, Special Regulating Uses Adopted July 26, 2016
Revised Commercial and Industrial Development
Effective Page 19.73-1 Standards and Design Criteria
Chapter 19.73 Commercial and Industrial Development
Standards and Design Criteria
Sections

19.73.010 Purpose ...............................................................................................................19.73-1

19.73.020 Applicability.......................................................................................................19.73-1

19.73.030 Review Required................................................................................................19.73-1

19.73.040 Minimum Development Standards – Commercial and Industrial Uses.............19.73-1

19.73.050 Design Criteria – Commercial and Industrial Uses............................................19.73-2

19.73.010 Purpose
This Chapter establishes mandatory development standards for commercial and industrial development to ensure consistency with surrounding land uses, and to implement the policies of the General Plan. This Chapter also enables the development of design criteria to allow flexibility in design solutions, and to reflect the policies of the General Plan.

19.73.020 Applicability
The standards contained in this Chapter shall apply to the following:

A. New Uses and Structures. For all buildings erected and all uses of land established after the effective date of this Title, the development standards in this Chapter shall be complied with.

B. Modification to Existing Structures and Uses. Whenever an existing building is modified or a use is expanded such that it creates an increase of 1,000 square feet or more or 25 percent or more in the existing square footage of a use, as determined by the Community Development Director, the development standards in this Chapter shall be complied with. for all new construction.

19.73.030 Review Required
Consistency with the regulations contained in this Chapter shall be reviewed concurrent with any required Building Permit or Land Use Permit for applicable projects.

19.73.040 Minimum Development Standards – Commercial and Industrial Uses
A. All mechanical equipment shall be screened from public rights-of-way and parking lots as an integral part of the building design through the use of parapets, screen walls, equipment wells or similar design features, a minimum of 6 inches above the tallest piece of mechanical equipment.

B. Those portions of the front setback area not improved with drive aisles, walls, and signage or similar features shall be landscaped. Said landscaping shall reflect a desert theme, including use of droughtresistant plants. All landscaping installation, design and landscaping plans are also subject to the requirements of the state of California.

City of Twentynine Palms Development Code Article 4, Special Regulating Uses Adopted July 26, 2016
Revised Commercial and Industrial Development
Effective Page 19.73-2 Standards and Design Criteria
C. Vibrations generated on-site shall not be detectable off-site. For uses that may generate vibrations detectable off-site, a detailed vibration assessment and plan addressing and mitigating these impacts shall be submitted for review and approval.

D. Electrical disturbances or interference. For uses that may produce electrical disturbances or interference to surrounding land uses, a detailed electrical interference assessment and plan addressing and mitigating these impacts shall be submitted for review and approval.

E. Odors, dust and airborne pollution shall be controlled so as not to impact surrounding land uses or the public rights-of-way. For uses that may generate odors, dust or airborne pollution, a detailed assessment and plan addressing and mitigating these impacts shall be submitted for review and approval.

19.73.050 Design Criteria – Commercial and Industrial Uses A. Purpose. Commercial and industrial design criteria are intended to be used as a reference to assist project designers in understanding and responding to the City’s goals and objectives for high-quality commercial and industrial development. The criteria complement the development regulations contained in this Development Code by providing examples of potential design solutions and appropriate design interpretations.

B. Applicability. These commercial and industrial design criteria are advisory for permitted uses, but shall be used as a guide in conjunction with uses subject to a Site Plan Review, inor xception, Administrative Use Permit, Conditional Use Permit, ariance, ubdivision, or a lanned evelopment proposal to encourage a high level of design quality, while at the same time providing the flexibility necessary to encourage creativity on the part of project designers.

C. Criteria Formulation and Adoption. The Community Development Director shall develop design criteria for consideration by the Planning Commission and adoption by Resolution of the City Council.

D. Implementation. Effective implementation of the design criteria shall be considered as a basis for making the required findings for approval provided, however, that applicants may submit alternative design solutions that are different than contained in the criteria but result in superior solutions that also are consistent with the General Plan. The criteria shall address:

1. Site design, including parking layout/location, building location, and building massing.

2. Appropriate use of signage.

3. Acceptable design and use of architectural features and landscape features, and provision of public areas.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.74-1 Fences, Walls, and Screens
Chapter 19.74 Fences, Walls, and Screens
Sections

19.74.010 Purpose ...............................................................................................................19.74-1

19.74.020 Applicability.......................................................................................................19.74-1

19.74.030 Permit Requirements and Exemptions...............................................................19.74-1

19.74.040 Location and Height Measurements...................................................................19.74-2

19.74.050 Materials and Maintenance ................................................................................19.74-2

19.74.060 Requirements by Land Use Type .......................................................................19.74-3

19.74.010 Purpose
The purpose of this Chapter is to regulate the height and location of fences, walls and screening to provide light, air and privacy without obstructing views, establish buffers between different land uses, and safeguard against visual obstructions at the intersections of streets and/or driveways.

19.74.020 Applicability
The standards contained in this Chapter shall apply to the following:

A. New Uses and Buildings. Fences, walls and screens shall be provided as required by this Chapter for all buildings erected and all uses of land established after the effective date of this Title.

B. Modification to Existing Structures and Uses. Fences, walls and screens shall be provided as required by this Chapter whenever an existing building is modified or a use is expanded such that it creates an increase of more than 25 percent in the number of existing dwelling units for residential projects or more than 25 percent in the existing square footage of commercial or industrial projects. In all cases where the change in use will involve outside storage as defined by this Code, such fences, walls or screening as set forth in Chapter 19.130 (Outdoor Storage) shall be required.

19.74.030 Permit Requirements and Exemptions
A. Permit Required. Unless otherwise exempt, Zoning Clearance is required for new fences and walls.

B. Exemptions. Fences and walls listed below are exempt from land use and development permits but may still require building permits.

1. Retaining Walls. Retaining walls less than 36 inches in height are exempt from the requirements of this Chapter.

2. Residential Fences and Walls. Fences and walls located on residential property constructed in compliance with the requirements of this Chapter.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.74-2 Fences, Walls, and Screens

3. Required Fences and Walls. The requirements of this Chapter shall not apply to a fence or wall required by any law or regulation of the City (including temporary construction site fencing), county, state, or federal government, or any agency thereof.

19.74.040 Location and Height Measurements
A. Height Measurement. Fence and wall height shall be measured from the highest finish grade at the base of the fence or wall to the uppermost part of the fence or wall; except when there is a difference in the ground level between two adjoining parcels, the fence or wall shall be measured at the mid-point of the retaining wall height as measured on the side with the lowest finish grade. See Figure 19.74.040-1 (Measurement of Fence and Wall Height on Parcels with Different Elevations).

Figure 19.74.040-1
Measurement of Fence and Wall Height on Parcels with Different Elevations

19.74.050 Materials and Maintenance
A. Fence, Wall and Screen Materials. Fences, walls and screens shall be constructed of attractive, longlasting materials and architecturally integrated with the building design and with existing fences/walls on the site. The following limitations apply:

1. Fences and gates approved for screening purposes in residential zones shall be chain link, solid wood, solid vinyl, tubular steel or wrought iron. Where tubular steel or wrought iron is used, it shall be backed by solid or perforated metal sheeting painted to match the fence or gate. When chain link is used for screening it must be backed with wood or plastic slats, solid plastic sheet, or knitted fabric privacy/wind screening. Decorative block walls may also be used for screening purposes.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.74-3 Fences, Walls, and Screens

2. Fences and gates approved for screening purposes in commercial, office, mixed-use, industrial, or public and open space zones shall be a solid wall or material, chain link, metal, tubular steel or wrought iron. Open fencing shall be backed by solid or perforated metal sheeting painted to match the fence or gate. When chain link is used for screening it must be backed with wood or plastic slats, except that chain link fence is not permitted for screening purposes along any property line abutting the right-of-way along Adobe Road or SR-62 in the CO, CN, CT, CG, and CS land use districts.

3. If not required for screening purposes, chain link fencing is permitted in all land use districts, except along any property line abutting the right-of-way along Adobe Road or SR-62 in the CO, CN, CT, CG, and CS land use districts.

4. Alternative materials for screening purposes may be approved by the Community Development Director or the Planning Commission as part of a discretionary permit approval.

5. Barbed wire shall not be permitted or maintained in or about the construction of a fence, wall or screen along the front, side, street side or rear lines of any residential lot or any nonresidential lot abutting a residential lot, or within 3 feet of the property lines. (These say the same thing)

6. Barbed wire shall not be permitted or maintained in or about the construction of a fence, wall or screen located within any setback area. along the front or street side property line of any lot, or within 3 feet of a property line.

7. No sharp wire or points shall project at the top of the fence or wall 6 feet or less in height.

B. Graffiti Resistance. Graffiti-resistant aesthetic surface treatment shall be required for all fences and walls adjacent to a public right-of-way, in a residential zone, or as determined through discretionary permit approval.

C.B. Maintenance. Fences, walls and screens shall be continuously maintained in an orderly and good condition.

19.74.060 Requirements by Land Use Type
A. Applicable to All Land Use Types.

1. Fencing and Walls for Pools, Spas and Similar Features. Swimming pools, spas and other similar water features shall be enclosed in compliance with Building Code requirements.

2. Temporary Fences. Nothing in this Chapter shall be deemed to prohibit the erection of a temporary fence around construction projects in compliance with the Building Code and other applicable requirements of the Development Code.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.74-4 Fences, Walls, and Screens
B. Residential and Public Districts.

1. Maximum Height. The height of fences, walls or screening (including landscape) in residential and public districts is limited according to Table 19.74.060-1 (Maximum Height of Fences, Walls and Screens in Residential and Public Land Use Districts).

Table 19.74.060-1
Maximum Height of Fences, Walls and Screens in Residential and Public Land Use Districts
Location of Fence/Wall/Screening Maximum Height(1)
Required front yard area 64 ft
Required rear and interior side yard area 8 ft (2),(3)
Required street side yard area 8 ft (2),(4)
At intersections of streets, alleys, and driveways within the clear site vision triangle(5)

2.5 ft
All other areas of lot 8 ft
1 As part of a discretionary permit approval, the designated approving authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation.
2 Where the rear or street side yard directly abuts a minimum of a four-lane highway, a block wall not exceeding 8 feet in height may be constructed within 10 feet of the rear or street side property line. 3 For through lots where the rear yard is adjacent to the front yard of adjoining property, the height of fences, walls or screening shall not exceed 4 feet within a setback area equal to the front yard setback of the adjoining property.
4 The maximum height of a fence, wall or screen shall be 4 feet within the street side yard of a reverse corner lot.
5 See definition of clear site vision triangle in Chapter 19.06 (Definitions).

2. Required Walls. A solid masonry wall shall be provided between uses as follows:
a. An 8-foot solid masonry wall shall be required between any parking areas developed on a parcel zoned for multiple-family residential uses (RM or R-HD zones) and an abutting parcel zoned for single-family residential (RL or RS zone), except that the masonry wall shall not exceed 4 feet in height within the required front yard setback.
b. An 8-foot solid masonry wall shall be required between any parking areas developed on a parcel zoned high density residential (R-HD) and an abutting parcel zoned multi-family residential (RM), except that the masonry wall shall not exceed 4 feet in height within the required front yard setback.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.74-5 Fences, Walls, and Screens
C. Commercial Districts.

1. Maximum Height. The height of fences, walls or screening in commercial land use districts is limited according to Table 19.74.060-2 (Maximum Height of Fences, Walls and Screens in Commercial Land Use Districts).

Table 19.74.060-2
Maximum Height of Fences, Walls and Screens in Commercial Land Use Districts Location of Fence/Wall/Screening Maximum Height(1)
Required front yard area 64 ft
Required rear and interior side yard area 8 ft(2)
Required street side yard area 84 ft
At intersections of streets, alleys, and driveways within the clear site vision triangle(3) 2.5 ft All other areas of lot 8 ft
1 As part of discretionary permit review, the designated approving authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation.
2 For through lots where the rear yard is adjacent to the front yard of adjoining property, the height of fences, walls or screening shall not exceed 43 feet within a setback area equal to the front yard setback of the adjoining property.
3 See definition of clear site vision triangle in Chapter 19.06 (Definitions).

2. Required Walls. A solid masonry wall shall be provided as follows:
a. An 8-foot solid masonry wall shall be required between any parcel zoned for commercial land use uses and an abutting parcel zoned for residential or public uses, except that the masonry wall shall not exceed 4 feet in height within the required front yard setback.

3. Screening.
a. Screening of Mechanical Equipment. Mechanical equipment, including rooftop equipment, shall be screened by a permanent parapet wall and shall not be visible from grade level or adjacent street elevations. Such screening shall extend a minimum of six inches above be as high as the highest portion of the equipment and shall be readily accessible for maintenance. b. Screening of Commercial Loading Docks and Trash Storage Areas. Loading docks and trash storage areas shall be screened from public view, adjoining public streets and rights-of-way, and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors and materials. Exceptions may be permitted

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.74-6 Fences, Walls, and Screens
through the Administrative Use Permit process for sites with unique characteristics (e.g., shallow lot depth, grade differential).

D.b. Industrial Districts.

1. Maximum Height. The height of fences, walls or screening in industrial land use districts is limited according to Table 19.74.060-3 (Maximum Height of Fences, Walls and Screens in Industrial Land Use Districts).

Table 19.74.060-3
Maximum Height of Fences, Walls and Screens in Industrial Land Use Districts Location of Fence/Wall/Screening Maximum Height(1)
Required front yard area 86 ft
Required rear and interior side yard area 10 ft(2)
Required street side yard area 86 ft
At intersections of streets, alleys, and driveways within the clear site vision triangle(3)

2.5 ft
All other areas of lot 10 ft
1 As part of discretionary permit review, the designated approving authority may grant additional height or location requirements to enclose or screen specific areas or uses or for fences and walls designed for noise attenuation
2 For through lots where the rear yard is adjacent to the front yard of adjoining property, the height of fences, walls or screening shall not exceed 43 feet within a setback area equal to the front yard setback of the adjoining property.
3 See definition of clear site vision triangle in Chapter 19.06 (Definitions).

2. Required Walls. A solid masonry wall shall be provided as follows:
a. A 10-foot solid masonry wall shall be required between any parcel zoned for industrial land use uses and an abutting parcel zoned for residential uses, except that the masonry wall shall not exceed 64 feet in height within the required front yard setback. b. At the discretion of the approving authority, a solid masonry wall up to 10 feet in height may be required between any parcel zoned for industrial land use uses and an abutting parcel zoned for commercial uses, where such wall is necessary to address land use or activity incompatibilities. The masonry wall shall not exceed 6 feet in height within the required front yard setback.

3. Screening.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.74-7 Fences, Walls, and Screens
a. Screening of Mechanical Equipment. Mechanical equipment, including rooftop equipment, shall be screened by a permanent parapet wall and shall not be visible from grade level or adjacent street elevations. Such screening shall extend six inches above be as high as the highest portion of the equipment and shall be readily accessible for maintenance. b. Screening of Commercial Loading Docks and Trash Storage Areas. Loading docks and trash storage areas shall be screened from public view, adjoining public streets and rights-of-way, and residentially zoned areas. The method of screening shall be architecturally compatible with other on-site development in terms of colors and materials. Exceptions may be permitted through the Administrative Use Permit process for sites with unique characteristics (e.g., shallow lot depth, grade differential).

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STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Aug 13 2024
SUBJECT: Development Code Amendment Home Occupation Permits - Second Reading.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance approving the Development Code Amendment.

ORDER OF PROCEDURE:

Request Staff Report
Council Questions of Staff
Receive Public Comment
Council Discussion
Motion/Second
Discussion on Motion
ATTACHMENTS:
• City Council Ordinance -
Chapter 19.32 Home
Occupation Permit
• Chapter 19.32 Home
Occupation Permit draft
• Planning Commission
Resolution
BACKGROUND:

On July 23, 2024, the City Council held a Public Hearing on changes to the Development Code for amendment to Chapter 19.32 Home Occupation Permits. On October 17, 2023, the Planning Commission held a Public Hearing and forwarded a recommendation to the City Council for adoption of the code change.

Changes to Chapter 19.32 include the following:

1. Modifying the operating standards and implementing conditions of approval.

2. Eliminating the redundant language between operating standards and cottage food operation.

3. Implementing operating hours and delivery hours.

ENVIRONMENTAL:

This action is 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 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:

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

2. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

1 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 CHAPTER 19.32 HOME OCCUPATION PERMIT, OF 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, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapter 19.32 Home Occupation Permit of Article 3, Administration, Permits and Procedures; and
WHEREAS, on Wednesday, July 10, 2024, 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 July 23, 2024, the City Council of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment as reflected in "Exhibit A" in accordance with the California Government Code Section 65350 et. seq. and California Government Code Section 65853 et. seq., required by law for this amendment; and
WHEREAS, a Public Hearing was held by the City Council on July 23, 2024, at which time the Council introduced Ordinance No. ___, amending Chapter 19.32 Home Occupation Permit, of Article 3, Administration, Permits and Procedures; and WHEREAS, on July 23, 2024, at the above noted Public Hearing for the Development Code Amendment, the City Council of the City of Twentynine Palms considered the potential environmental impacts that may occur with the adoption of the proposed Development Code Amendment and recommended that in accordance with the California Environmental Quality Act (CEQA) Guidelines, 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,

2 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. 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 Chapter 19.32 Home Occupation Permit of 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 19.32 Home Occupation Permit of Article 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 Chapter 19.32 Home Occupation Permit of 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, Chapter 19.32 Home Occupation Permit of 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.

3 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 23rd day of July 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.

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

Steve Bilderain, Mayor
ATTEST:

Cindy Villescas CMC, City Clerk
APPROVED AS TO FORM:

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

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Cindy Villescas CMC, City Clerk

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised
Effective Page 19.32-1 Home Occupation
Chapter 19.32 Home Occupation Permit
Sections:

19.32.010 Purpose .............................................................................................................................19.32-1

19.32.020 Applicability .......................................................................................................................19.32-1

19.32.030 Application and Required Fees...........................................................................................19.32-1

19.32.040 Approving Authority ..........................................................................................................19.32-2

19.32.050 Notification .........................................................................................................................19.32-2

19.32.060 Operating Standards/Conditions of Approval ....................................................................19.32-2

19.32.070 Cottage Food Operation....................................................................................................19.32-54

19.32.010 Purpose
These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood.

They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

19.32.020 Applicability
A. The provisions of this Chapter shall apply to the operation of small, home-operated businesses and occupations in residential dwellings. A home occupation may be permitted as an accessory use in any structure authorized for residential use in the City with a Home Occupation Permit.

B. Prohibited Home Occupations. Certain uses are not compatible with residential activities and shall be prohibited. Prohibited home occupations shall include but are not limited to:

1. Barber and beauty shops.

2. Food catering or production except in compliance with the Cottage Food Act (Government Code Section 51035) and Section 19.32.070 (Cottage Food Operation).

3. Massage, except certified massage practitioners, except for home office uses associated with this activity.

4. Outdoor storage of equipment, materials, and other accessories specific to the construction trades.

5. Pet sitting and dog walking, except for home office uses associated with this activity.

6. Vehicle storage, cleaning, dismantling, installation, manufacture, repair, service, sale, lease, rental, or dispatching, and driving instruction.

7. Welding.

8. Any use that does not comply with Section 19.32.060 (Operating Standards).

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised
Effective Page 19.32-2 Home Occupation

19.32.030 Application and Required Fees
A. Application Filing and Processing. Applications for Home Occupation Permits 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 Chapter 19.28.050 (Applications and Fees).

C. A home occupation shall require a City Business License, and any other permits required by Federal, State, County or Local agencies.

D. For home occupations conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to submittal of an application for a Home Occupation Permit and upon yearly renewal.

19.32.040 Approving Authority
The Community Development Director (Director) is authorized to approve, conditionally approve, modify or deny applications for Home Occupation Permits, and may refer applications for Home Occupation Permits to the Planning Commission for review.

19.32.050 Notification
The Director shall provide notice of Home Occupation Permit applications to all owners of property adjacent to the parcel on which the home occupation is proposed. Such notice shall be provided no later than five business days prior to issuance of the permit.

19.32.060 Operating Standards /Conditions of Approval
Home occupations shall comply with all of the following operating standards at all times:

A. Each home occupation operation shall conform to all state and county laws, regulations and requirements.

B. All home occupation operations shall maintain a valid City business license.

C. The operator of the home occupation operation shall reside within the residential unit used for such activity as their primary residence.

A.D. No dwelling shall be built or altered for the purpose of conducting the home occupation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a home occupation is conducted.

B.E. No more than two persons other than a member of the immediate family occupying such dwelling shall be employed. Exceptions are allowed for cottage food uses consistent with the State Cottage Food Act (Government Code Section 51035).

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised
Effective Page 19.32-3 Home Occupation
C.F. There shall be no signs other than those permitted by Chapter 19.88 (Signs).

D.G. There shall be no advertisement of the location in a public forum. There shall be no display, sales or advertising signs on the premises.

E.H. There shall be no outdoor storage of All merchandise, supplies, equipment or other materials related to the home occupation operation. stored outdoors shall be screened from public view.

F.I. The storage of hazardous, toxic or combustible materials in amounts exceeding those typically found in residential areas shall be prohibited. The storage of any such material in amounts typically found in a residence shall be in approved containers designated for such materials.

G. The conduct of any home occupation, including but not limited to the storage of goods and equipment, shall not reduce or render unusable areas provided for off-street parking, setbacks, and yard areas as required by the regulations application to the land use district.

H.J.Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or causes fluctuations in line voltage outside the dwelling unit or which increases noise or fire hazards not normally associated with a residential use shall be prohibited.

I.K.There shall be complete conformity with Fire, Building, Plumbing, Electrical, and Health Codes and all applicable state and local laws. Activities conducted and equipment or material used shall not change the fire safety or occupancy classification of the premises.

J.L.The use of utilities shall be limited to the usage normally associated with a residential use.

K.M. A Home Occupation Permit shall not be transferable to another property or dwelling unit or to any subsequent owner of the property or dwelling unit for which the Home Occupation Permit was originally approved.

L.N. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, nor shall the use require additional parking spaces than provided on-site.

M. P; There shall not be any regular commercial delivery to or from the dwelling where a home occupation is being conducted. Commercial delivery of items shall be prohibited between the hours of 7:00 p.m. and 8:00 a.m.

N.O. No special off-street parking area shall be allowed in connection with the home occupation; however, the driveway may be used for such parking.

O.P. Storage and parking of vehicles on the premises, used in conjunction with the home occupation, shall be limited to automobiles and light trucks not exceeding 105,000 pounds gross vehicle weight.

P.Q. Home occupation activities shall be conducted indoors.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised
Effective Page 19.32-4 Home Occupation
Q.R. No more than 500 square feet of floor area may be used for storage of materials and supplies used for the home occupation.

R.S. Noise generated by the conduct of the home occupation shall not exceed that normally associated with residential use.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised
Effective Page 19.32-5 Home Occupation

19.32.070 Cottage Food Operation
Notwithstanding any of the provisions above, a cottage food operation as defined by the state of California under the provisions and allowances of Assembly Bill 1616 shall be allowed in any legally established residential unit in the City of Twentynine Palms provided that the provisions of Section

19.32.060 and the following requirements are met:

A. Each cottage food operation shall conform to all state and county laws, regulations and requirements.

B. The operator of a cottage food operation shall reside within the residential unit used for such activity as their primary residence.

C. No dwelling shall be built or altered for the purpose of conducting the cottage food operation in such a manner as to change the residential character and appearance of the dwelling, or in such a manner as to cause the structure to be recognized as a place where a cottage food operation is conducted.

D.C. No cottage food operation shall be located within 300 feet of another such operation.

E.D. Between the hours of 7:00 p.m. one day and 8:00 a.m. the following day, no cottage food operation shall sell or offer for sale from the residence food items prepared from that residence.

F.E. Commercial delivery of items used in a cottage food operation shall be prohibited between the hours of 7:00 p.m. one day and 8:00 a.m. the following day.

G. All cottage food operations shall conform to the requirements and restrictions of Chapter 19.80 (Noise Control).

H. Customers shall be prohibited from parking vehicles upon the property where they are purchasing products offered for sale by a cottage food operation, unless said property is at least 1 acre in size and occupied by a single-family residence. Customer parking may be permitted on property developed with two or more residential units, provided said property is at least 2 acres in size.

I.F. Only those individuals residing in the residential unit, as their primary residence, shall participate in a cottage food operation, with the exception that a cottage food operation may be permitted one fulltime equivalent employee.

J.G.Said full-time equivalent employee shall undergo a background check by the San Bernardino County Sheriff’s Department. Individuals found to have a felony conviction shall be prohibited from being an employee of a cottage food operation.

K.H. Customers of any cottage food operation shall be prohibited from consuming any products purchased from the cottage food operation on the property where such product was produced.

L.I. Where a cottage food operation is conducted from any residential unit, the operator of the cottage food operation shall police, clean and maintain the property with regard to discarded items that may result from the cottage food operation.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised
Effective Page 19.32-6 Home Occupation
M.J. The individual granted approval for a cottage food operation being conducted within or upon a property with more than one residential unit shall post signage and enforce requirements prohibiting, at all times, the loitering of one or more persons within or upon the property where the cottage food operation is being conducted.

N.K. There shall be no display, sale or advertising signs on the premises.

O. Within 30 days of receipt of a Home Occupation Permit from the City of Twentynine Palms for a cottage food operation, the operator of such facility shall present proof of receipt of a permit for same from the County of San Bernardino, Environmental Health Services, and Department of Public Health.

P. The cottage food operator shall contact the local waste disposal company to ascertain whether additional trash removal services shall be required for the level of food production being created. The cottage food operator shall provide to the City comments from the local waste disposal company that adequate trash removal shall occur for the level of activities added by the Cottage Food Operation.

Q.L. Violations of Chapter Section 19.32.070 (Home Occupation Permit Cottage Food Operation) may result in the revocation of the Business License by the City Manager and Home Occupation Permit issued by the City of Twentynine Palms. Operators who have had their City-issued Home Occupation Permit revoked shall be prohibited for two years from applying for another Home Occupation Permit for a cottage food operation.

R. All merchandise, supplies, equipment or other materials stored outdoors shall be screened from public view.

S. The storage of hazardous, toxic or combustible materials shall be in approved containers designated for such materials and shall be screened from public view.

T. There shall be complete conformity with all Fire, Building, Plumbing, Electrical and Health Codes and all applicable state and local laws, regulations and/or requirements. Activities conducted and equipment or materials used shall not change the fire safety or occupancy classification of the premises.

U.M. No cottage food operation shall be initiated until a City Business License has been issued by the City of Twentynine Palms.

V.N. The cottage food operation Home Occupation Permit shall not be transferable to another property or dwelling unit or to any subsequent owner or tenant of the property or dwelling unit for which the Home Occupation Permit was originally granted.

W. For a cottage food operation conducted on rental property, the property owner’s written authorization for the proposed use shall be obtained prior to submittal of an application for a cottage food operation Home Occupation Permit, and shall be submitted with such Home Occupation Permit application.

City of Twentynine Palms Development Code Article 3, Administration, Permits and Procedures Adopted July 26, 2016
Revised
Effective Page 19.32-7 Home Occupation
X. Cottage food operation activities shall be conducted wholly indoors.

Y. No more than 500 square feet of floor area may be used for storage of materials and supplies used for or in association with the cottage food operation.

Z.O. Where any cottage food operation employs an individual other than the primary operator, all local, county, state and federal labor laws shall apply and be conformed with.

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STAFF REPORT
TO: City Council
FROM: City Engineer
FOR MEETING: Aug 13 2024
SUBJECT: Project Phoenix – Treatment System Improvements.

RECOMMENDATION:

The City Council:

1. Approve NV5 Engineering’s proposal for construction support services for the “Project Phoenix – Treatment System Improvements” for a not to exceed cost of $44,760.00 plus an additional $500 in reimbursable costs for a total of $45,260.00;

2. Authorize the City Manager to execute all documents necessary to enter into the contract, including any necessary amendments thereto.

3. Reallocate $120,000 from the funds previously committed to the City-wide wastewater and sewer project to the Project Phoenix Treatment System Improvement project for construction support services, tribal monitoring, geotechnical inspections, utility fees and other soft construction costs.

ORDER OF PROCEDURE:

Request Staff Report (City Manager presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Call the Question
ATTACHMENTS:
•
20240724_Project_Phoenix_CSS_proposal_NV5-
2 BACKGROUND:

Project Phoenix encompasses about 10.4 acres in Downtown Twentynine Palms in an area bounded by SR 62 (Twentynine Palms Highway) to the north, Cactus Drive to the south, Tamarisk Avenue to the west, and Cholla Avenue to the east. The overall project has been completed in various phases. The first phase of improvements involved the installation of a new sewer system that replaced the individual septic tank systems and conveyed the wastewater to a new central treatment facility consisting of a large septic tank and seepage pits. The second phase of work involved the undergrounding of the existing overhead electric, telephone and internet lines and new service conversions to existing businesses from the overhead system to the underground system. The third phase of work involved all site improvements including the new Community Center and Visitor's Center, street improvements including curb and gutter, pavement and sidewalks, parking lots, drainage improvements and underground retention basins, streetlights and landscape lighting, landscape and irrigation improvements, signing and striping, and other miscellaneous improvements.

During construction, the review and approval of individual system components for compliance with the contract documents will be required. This phase, referred to as the “shop drawing phase”, ensures that the equipment and material supplied by the contractor will meet the contract requirements. In addition, “Requests for Information” by the contractor need to be addressed throughout the course of the contract. NV5 prepared the plans and specifications for the project and is, therefore, the most qualified to review the contractor’s submittals to ensure Page 81 of 296 compliance. Additionally, they will be available if questions arise during construction and can provide solutions to potential challenges.

In addition to the construction support services, this project will require tribal monitoring and training, geotechnical inspections, utility fees, among other soft costs. Project monitoring is projected to be between $10,000 and $20,000. The cost for Geotechnical inspections and utility fees is still being determined.

ENVIRONMENTAL:

The City approved a Mitigative Negative Declaration for the entire Project Phoenix project, which included the sewer pipeline installation and operation, on February 12, 2019.

ALTERNATIVES:

The City Council could choose to reject the proposed change order and proceed without the design engineer’s support services.

FISCAL IMPACT:

The funding for the construction has been committed and approved for the FY 2024-25 budget. If approved by City Council, the support services and other soft construction costs will be funded with remaining funds from the City-wide wastewater and sewer project, and the correspoding Enterprise budget will be amended during the FY 2024-25 mid-year budget review.

15092 Avenue of Science, Suite 200 | San Diego, CA 92128 | www.NV5.com | Office 858.385.0500 | Fax 858.385.0400

CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL July 24, 2024
Mike Podegracz, PE, Project Manager
Stone James, DPPD, City Manager
City of Twentynine Palms
6136 Adobe Road
Twentynine Palms, CA 92277
Subject: Proposal for Construction Support Services for the Project Phoenix Onsite Wastewater Treatment Plant

Dear Mike and Stone:

NV5, Inc. (NV5) is pleased to provide the following proposal to the City of Twentynine Palms (City) to provide construction services in support of Project Phoenix Onsite Wastewater Treatment Plant Project (Project). This proposal describes our understanding of the project and anticipated scope of services to provide construction support services for Phase 2 of the wastewater treatment system serving Project Phoenix.

NV5 has previously provide design engineering services, including final construction drawings, for the Phase 2 on-site wastewater treatment plant.

This proposal is broken down into three sections:

1. Project Understanding and Approach

2. Scope of Services

3. Proposed Compensation
Project Understanding and Approach
Wastewater treatment and disposal for the Project was to be advanced in three phases. Phase 1, which is currently in operation, included the installation of a centralized septic tank and seepage pits to serve the existing commercial properties. This interim system has been installed and the existing businesses are now connected. The Phase 1 system will continue operation until Phase 2 is constructed and placed in operation.

Phase 2 involves the installation of an onsite package treatment system, to be located downstream of the septic tank installed during Phase 1. The onsite package treatment system will serve the proposed hotel, community center, visitor center, and existing business connected to the Phase 1 system. The septic tank installed during Phase 1 will be used for pretreatment prior to the onsite treatment system. The package treatment system will continue to utilize the seepage pits installed in Phase 1 as well as constructing an additional seepage pit with the same 28-foot depth for a total of 10 seepage pits.

NV5’s scope of services for Phase 2 construction support services is based on our project understanding, experience with similar projects and previous design work completed for the Project Phoenix, as described below.

July 24, 2024
City of Twentynine Palms
Project Phoenix
Wastewater Treatment Plant Construction Support Services

CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL Scope of Services
Task 1 – Project Management and Meetings
NV5 will provide project management services during the course of the work, including supervision and scheduling of project staff, project coordination with the City, City’s Construction Manager, scheduling, and monitoring of project budget.

NV5’s Project Manager or Project Engineer will attend the preconstruction meeting and progress meetings if requested by the City. This scope of services includes attending up to eight (8) meetings including the progress meetings. NV5 assumes progress meetings will be held via conference call.

NV5 anticipates conducting up to eight (8) monthly site visits during construction, which may coincide with the Project progress meetings.

Task 2 – Submittal Reviews
NV5 will review each submittal received from the City or City’s Construction Manager and prepared by the Construction Contractor for conformance with the contract documents. NV5 will incorporate comments from the design team and provide responses to the Construction Contractor within fifteen (15) calendar days of receipt of the submittal. Each submittal will be reviewed by NV5’s Project Manager, Project Engineer, or discipline lead with responsible charge. NV5 will coordinate required reviews of submittals with the City Project Manager or Construction Manager. NV5 anticipates up to twenty (20) submittals, of which eight (8) submittals will require resubmittal and review.

Task 3 – Requests for Information (RFI)
NV5 will review and respond to Construction Contractor RFIs requested by the City. NV5 will process, provide a written response to the Construction Contractor, and distribute to the Construction Manager or City’s Project Manager. NV5 will discuss complex RFIs with the City’s Project Manager before responding, review answers, and prepare formal responses to the contractor within five (5) calendar days of receipt of the RFI. NV5 anticipates up to twenty (20) RFIs will be submitted and responded to.

Task 4. Change Order Review
NV5 will review and provide comments on two (2) change order requests from the construction contractor. NV5 will discuss the change order request with the City’s Project Manager and provide feedback.

EXCLUSIONS
The following items and services can be provided under a separate or amended contract:
• Geotechnical observation and testing during construction • Construction management or inspection
• Construction staking
• Geotechnical observation and testing during construction

ASSUMPTIONS

This scope of services is based on the following assumptions and conditions:
• Construction progress meetings will be led by the Construction Manager • Construction Manager will coordinate transmittal of submittal and RFI responses and coordinate with the City.

July 24, 2024
City of Twentynine Palms
Project Phoenix
Wastewater Treatment Plant Construction Support Services

CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL Proposed Compensation
NV5 proposes to perform the scope of services on a time and material basis for a not-to-exceed fee.

NV5 ‘s fee is based on the assumptions described above. NV5 will invoice work for this work based on the actual hours spent, on a time and materials basis. If the anticipated budget is expected to be exceeded, NV5 will request authorization from the City prior to performing additional services. This proposal is valid for 90 days.

Task 1: Project Management and Meetings $ 10,670.00
Task 2: Submittal Reviews $ 17,280.00
Task 3: Requests for Information (RFI) $ 15,100.00
Task 4: Change Order Review $ 1,710.00

Total Not to Exceed Budget $44,760.00
Reimbursable Budget $ 500.00

The fees per task are for budget information only. The budgets shown are our best estimate of what the fees could be. We will be working toward the bottom line total authorization. NV5’s total over all fee of $45,260.00 will not be exceeded without written authorization by client.

Reimbursable expenses for reprographics, postage, deliveries, and mileage will be billed at 1.15 x cost and the accepted IRS rate. Services not included in this scope may be provided on the basis of a separate authorization.

Please indicate you authorization of this work by signing in the space provided below on this page.

Then kindly fax or email a copy of the signed authorization back and return the original copy by U.S.

Mail to our Palm Desert office.

The work will be performed as an amendment to our agreement with the City dated May 14, 2019.

All terms of our original agreement will remain in place during the performance of this work.

We appreciate the opportunity to provide this proposal and look forward to working with you. Please feel free to call Julian at 858.344.2702 if you have any questions.

Sincerely,
NV5, Inc.

Julian Palacios, PE Vickie Bridenstine, PE LEED AP
Engineering Manager Engineering Manager
Attachment: 2024 Desert Offices Prevailing Wage Rate Sheet

July 24, 2024
City of Twentynine Palms
Project Phoenix
Wastewater Treatment Plant Construction Support Services

CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL Accepted By:

_________________________________________
Signature / Print Name
Date: ___________________
All fees and other charges due NV5 will be billed every four weeks and shall be due at the time of billing. If Client fails to pay NV5 within thirty (30) days, Client agrees to pay a monthly late payment charge, which will be the lesser of one and one-half percent (1-1/2%) per month or a monthly charge not to exceed the maximum legal rate which will be applied to any unpaid balance commencing thirty (30) days after the date of the billing. Client agrees to limit the liability of Consultant, its principals, employees and sub consultants, to Client and to all contractors and subcontractors on the project, for any claim or action arising in tort, contract, or strict liability, to Consultant’s fee. Client and Consultant acknowledge that this provision was expressly negotiated and agreed upon.

July 24, 2024
City of Twentynine Palms
Project Phoenix
Wastewater Treatment Plant Construction Support Services

CONSTRUCTION QUALITY ASSURANCE - INFRASTRUCTURE - ENERGY - PROGRAM MANAGEMENT - ENVIRONMENTAL

STAFF REPORT
TO: City Council
FROM: Assistant Planner
FOR MEETING: Aug 13 2024
SUBJECT: Development Code Amendment Article 4 Part 2.

RECOMMENDATION:

The City Council find the project exempt from CEQA and adopt the Ordinance, approving the Development Code Amendment.

ORDER OF PROCEDURE:

Request Staff Report Community Development Director
Presenting)
Council Questions of Staff
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
Council Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• City Council Ordinance -
Article 4 Site Development
Regulations Part 2
• Article 4 Site Development
Regulations Part 2 draft
• Planning Commission
Resolution
BACKGROUND:

On July 16, 2024, the Planning Commission held a Public Hearing on the following Chapters of Article 4, Site Development Regulations of the Development Code. The Commission adopted Resolution, PC24-10 and forwarded a recommendation to the City Council for approval of the Development Code Amendment.

Chapter 19.78 Lighting Standards

1. Changing the measurement of lighting standards from foot candles to watts.

2. Modifying when a property must come into compliance with the code and removing the allowance for extensions.

3. Establishing a height limit on light poles.

4. Adding enforcement regulations for light trespass.

5. Removing the images of approved light fixtures.

Chapter 19.80 Noise Control

1. Adding language regarding noise sensitive land uses.

2. Modifications to the noise standards table

Chapter 19.92 Trash Enclosure Standards

1. Establishing a requirement for trash enclosures to be covered.

2. Establishing distance requirements from buildings, streets and residentially zoned property.

3. Establishing the enforcement action of constructing a trash enclosure for trash violations.

ENVIRONMENTAL:

This action is 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:

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

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

3. Deny the Development Code Amendment.

FISCAL IMPACT:

None.

1 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 CHAPTERS 19.78 LIGHTING
STANDARDS, 19.80 NOISE CONTROL, AND 19.92 TRASH ENCLOSURE STANDARDS OF ARTICLE 4 SITE DEVELOPMENT REGULATIONS 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 July 16, 2024, the Planning Commission of the City of Twentynine Palms conducted a duly noticed and advertised Public Hearing on the Development Code Amendment for Chapters 19.78 Lighting Standards, 19.80 Noise Control, and 19.92 Trash Enclosure Standards; and WHEREAS, on Wednesday, July 31, 2024, the Development Code Amendment was duly noticed in the Desert Trail, a newspaper of general circulation within the City of Twentynine Palms; and
WHEREAS, on August 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 August 13, 2024, at which time the Council introduced Ordinance No. ___, amending Chapters

19.78 Lighting Standards, 19.80 Noise Control, and 19.92 Trash Enclosure Standards of the Development Code; and
WHEREAS, on August 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

2 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 changes to Article 4 of the Development Code, such as changing the measurement of lighting standards from foot candles to watts, adding enforcement regulations for light trespass, adding language regarding noise sensitive land uses, updating the noise standards table, establishing a requirement for trash enclosures to be covered, establishing distance requirements from buildings, streets and residentially zoned property and establishing enforcement action of constructing a trash enclosure for trash violations.

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 modifications to Chapter 4, Site Development Regulations.

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

The modifications to Article 4 of the Development Code will protect the general health, safety and welfare of the community.

3 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, Chapters 19.78 Lighting Standards, 19.80 Noise Control, and

19.92 Trash Enclosure Standards, 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 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.

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 August 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.

4 PASSED, APPROVED, AND ADOPTED this 10
th day of September 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 August 2024 and duly adopted by the City Council of the City of Twentynine Palms in a meeting held on the 10
th day of September 2024, in
Twentynine Palms, California by the following vote, to wit.

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
Cindy Villescas CMC, City Clerk

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.78-1 Lighting Standards
Exhibit “A”
Chapter 19.78 Lighting Standards
Sections

19.78.010 Purpose ............................................................................................................... 19.78-1

19.78.020 Applicability ....................................................................................................... 19.78-1

19.78.030 Definitions .......................................................................................................... 19.78-2

19.78.040 Permit Requirements and Exemptions ............................................................... 19.78-3

19.78.050 Development Standards – General ..................................................................... 19.78-4

19.78.060 Development Standards by Land Use ................................................................ 19.78-6

19.78.070 Enforcement/Penalty for Violation .................................................................... 19.78-7

19.78.010 Purpose
This Chapter establishes lighting standards to encourage effective, nondetrimental lighting; maintain nighttime safety, utility, security and productivity; and encourage lighting practices and systems which will minimize light pollution, glare, and light trespass, conserve energy and resources and curtail the degradation of the nighttime visual environment of the areas outlined below.

19.78.020 Applicability
The regulations contained in this Chapter shall apply to all projects as follows:

A. New Uses and Buildings. For all buildings erected and all uses of land established after the effective date of this Title, outdoor lighting shall be provided in accordance with the requirements of this Chapter.

B. Modification to Existing Structures and Uses. Whenever an existing building is modified, or a use is expanded, or parking areas are expanded such that it creates an increase of more than 20 percent or 2,500 square feet in the gross floor area of the building or use, whichever is more, outdoor lighting shall be provided in accordance with the requirements of this Chapter.

B. Outdoor lighting fixtures established prior to the adoption date of this Chapter shall come into compliance within one year of the adoption date except as provided below:

2.1.In the event the property owner or occupant demonstrates that compliance will cause a financial or other hardship, the Community Development Director may approve time extensions for such lighting fixtures for periods of up to one year. A maximum of three one-year extensions may be granted by the Director.

3.2.If an extreme hardship exists, the Planning Commission may approve additional extensions of time if a finding is made that such extension does not create a public nuisance.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.78-2 Lighting Standards

4. All requests for extension shall be in writing and shall be signed by the owner or occupant of the property.

19.78.030 Definitions
The following definitions shall apply to this Chapter:

A. Architectural Lighting. Lighting which is either directed toward a residence with the intent of highlighting an architectural feature or a light fixture which is architecturally ornamental in nature or purpose.

A.B. Attached Lighting. A light fixture that is attached to a building.

C. Cut-off Fixture. Outdoor lighting fixtures shielded or constructed so that light rays are only emitted by the installed fixtures in such a manner that does not direct light upward or onto neighboring uses and limits glare from the light rays in the area above 80 degrees from the vertical pole.

B. Decorative Lighting. Lighting products used for decorative effects versus lighting performance.

Examples of decorative lighting include, but are not limited to, fountain lighting, lighting fixtures creating a visual effect with wattage below 40 watts, LED commercial outdoor string lighting, building wall sconce and chandelier lighting below 40 watts.

C.D. Fixture. The assembly that holds a lamp and may include an assembly housing, a mounting bracket or polo socket, lamp holder, ballast, reflector or mirror and a refractor or lens.

D. Foot-candle. A measure of illuminance in lumens per square foot.

E. Freestanding Lighting. A light fixture which is not attached to a building.

F. Fully Shielded. Outdoor lighting fixtures shielded or constructed so that light rays are only emitted by the installed fixtures in such a manner that does not direct light upward or onto neighboring uses.

Fixtures must be opaque.

G. Light Pollution. An unwanted effect of manmade outdoor lighting that contributes to the effects of sky glow, light trespass and/or glare.

F.H. Light Trespass. Nuisance glare from any lighting onto neighboring property that interferes with the viewing of night sky or eliminates the ability to have darkness on the adjacent property or shines into neighboring windows or any areas on neighboring properties or structures.

G.I.Night Sky. A clear sky, between dusk and dawn, with visible stars, despite necessary or desired illumination of private and public property.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.78-3 Lighting Standards
H.J.Pedestrian Lighting. Freestanding lighting fixtures not exceeding a height of 36 inches from surrounding ground grade level.

19.78.040 Permit Requirements and Exemptions
A. Permit Required. Consistency with the regulations contained in this Chapter shall be reviewed concurrent with any required building permit or land use permit for applicable projects.

B. Prohibited Lighting. Searchlights for advertising purposes are prohibited.

C. Exemptions. The following outdoor lighting fixtures are exempt from the requirements of this Chapter.

1. Fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps, with a maximum height of twelve (12) feet.

2. Existing nonconforming neon outdoor lighting fixtures.

3. Emergency lighting operated by a public utility or agency during the course of repairing or replacing damaged facilities.

4. Emergency lighting and fixtures necessary to conduct rescue operations, provide emergency medical treatment or address any other emergency situation.

5. Provided there is no light trespass or the lighting fixtures are regulated by motion detector, lighting fixtures within 5 feet of an entrance or exit door and/or alcove of a dwelling unit, not exceeding a an intensity greater than 75 watts. height of 8 feet and no greater than 5.0 foot-candles as measured at a 5-foot radius from the door and no greater than 0.05 foot-candle measured at the property line abutting residential uses.

6. Holiday lighting and fixtures, providing such lighting and fixtures do not remain for longer than 60 days in duration.

7. Architectural lighting, whether it is freestanding or attached to a building which does not exceed an intensity of 40 watts 2.0 foot-candles.

8. Pedestrian lighting which does not have an intensity greater than 40 watts 2.0 foot-candles.

9. Vertical lighting for a properly displayed US flag.

10. All outdoor lighting fixtures on facilities on lands owned, operated, or controlled by the Federal Government, State of California, County of San Bernardino, City of Twentynine Palms, Morongo Unified School District, or any other public agency or public entity. Voluntary compliance at those facilities in encouraged.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.78-4 Lighting Standards

9. 19.78.050 Development Standards – General
A. Shielding Requirements. All outdoor lighting, except as specified in Subsection 19.70.040.C (Exemptions) shall be fully shielded. Examples of appropriate fixtures are shown in Figure 19.78.050- 1 (Examples of Acceptable/Unacceptable Lighting Fixtures).

B. Level of Illumination. Outdoor lighting shall be designed to illuminate at the minimum level necessary for safety and security and to avoid the harsh contrasts in lighting levels between the project site and adjacent properties. Illumination requirements are provided in Table 19.78.050-2 (Illumination Requirements) and are measured at ground level, unless otherwise noted.

C. Height. Building mounted lights shall be installed below the eave line or below the top of wall if there are no eaves. Light poles located in residential land use districts shall not exceed eight (8) feet in height.

Light poles in all other land use districts shall not exceed sixteen (16) feet in height.

D. Existing nonconforming lighting fixtures installed on developed properties shall be allowed continued use, except that the lighting shall not be structurally altered to extend its useful life, aside from regular maintenance.

E. Should it be determined that a nonconforming lighting fixture results in light trespass, the City may require the light to be either shielded, filtered, redirected, replaced with a less intense light source or removed.

A. Parking Lot Lighting.

1. Parking lot lighting shall be oriented downward with cut-off fixtures to protect the desert sky.

2. At least 50 percent of all lighting fixtures within parking lots or within open lot sale areas shall be turned off within one hour after closing or between 10:00 p.m. and sunrise, whichever occurs first.

B. Recreational Facilities. There shall be no illumination of private or public recreational facilities unless the facilities are being utilized. The illumination must be turned off between the hours of 10:00 p.m. and sunrise or one hour after the termination of the event and/or use, whichever occurs last.

C. Billboards and Externally Illuminated Signs. Lighting fixtures used to illuminate any new sign shall be mounted on the top of the sign structure and shall comply with the shielding requirements of this Chapter and the City’s Sign Code.

B.D.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.78-5 Lighting Standards
Figure 19.78.050-1
Examples of Acceptable/Unacceptable Lighting Fixtures

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.78-6 Lighting Standards
Table 19.78.050-2
Illumination Requirements
Category Where Measured Required Illumination
(minimum or maximum)
Notes
Public, civic, and religious
buildings
Permitted to be fully illuminated
during hours of operation. After
hours, may be dimmed or turned off
such that only lighting essential to
security or safety shall be
maintained.

General
Parking lots, driveways,
trash enclosures, public
phones, group mailboxes
Within 2-foot radius of
object edge

1.0 foot-candle (minimum) and 4.0
foot-candles (maximum)
At all hours
Parking lots for banks,
convenience stores, check
cashing businesses
At point of highest and
lowest light level

1.5 foot-candle (minimum) and 4.0
foot-candles (maximum) During operating hours
Parking lots for residential
land uses
At point of highest and
lowest light level

0.5 foot-candle (minimum) and 2.0
foot-candles (maximum) During hours of darkness
Pedestrian walkways
Center of walkway at
point of highest and
lowest light level

0.5 foot-candle (minimum) and 2.0
foot-candles (maximum)
Only applies to
walkways intended for
use after dark
Nonresidential structures,
entryways, and doors
5-foot radius of door (each
side)

5.0 foot-candle (maximum) During hours of darkness
Adjacent residential
property
At structure and rear
setback line

0.05 foot-candle (maximum)

19.78.060 Development Standards by Land Use
A. Residential Land Use. Pole lighting shall not exceed 12 feet in height.

B.A. Parking Lot Lighting.

1. Parking lot lighting shall be oriented downward with cut-off fixtures to protect the desert sky.

2.1.At least 50 percent of all lighting fixtures within parking lots or within open lot sale areas shall be turned off within one hour after closing or between 10:00 p.m. and sunrise, whichever occurs first.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.78-7 Lighting Standards
C.A. Recreational Facilities. There shall be no illumination of private or public recreational facilities unless the facilities are being utilized. The illumination must be turned off between the hours of 10:00 p.m. and sunrise or one hour after the termination of the event and/or use, whichever occurs last.

D.A. Billboards and Externally Illuminated Signs. Lighting fixtures used to illuminate any new sign shall be mounted on the top of the sign structure and shall comply with the shielding requirements of this Chapter and the City’s Sign Code.

19.78.070 Enforcement/Penalty for Violation

1. Quantitative measurement of light trespass shall be with a standard yard stick (3 feet x1 ½ inches).

The yard stick shall be placed at the building setback line in the complainant’s yard. The yard stick shall be in contact with the ground and in a vertical position. The enforcement personnel shall then determine if a shadow is cast by the light source. The light source yard stick and shadow must be in alignment.

2. Any person who violates the provisions of this chapter shall receive a correction notice for the first violation. The notice shall specify the nature of the offense, the date of occurrence and required correction.

3. Any person subsequently violating or causing or permitting the violation of any of the provisions of this Chapter within one year of the first violation shall be guilty of an infraction which shall be punishable pursuant to Chapters 19.144 Administrative Citation and/or Chapter 19.146 Nuisance Abatement. Each day of violation may be cited as a separate offense.

Violation of this Chapter shall constitute an infraction on the first and second offense and a misdemeanor on the third offense. Each day of violation may be cited as a separate offense.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.80-1 Noise Control
Chapter 19.80 Noise Control
Sections

19.80.010 Purpose ...............................................................................................................19.80-1

19.80.020 Applicability.......................................................................................................19.80-1

19.80.030 Definitions..........................................................................................................19.80-1

19.80.040 Administration....................................................................................................19.80-2

19.80.050 General Noise Regulations.................................................................................19.80-3

19.80.060 Noise Measurement Procedure...........................................................................19.80-4

19.80.070 Noise Standards..................................................................................................19.80-5

19.80.080 Interior Noise Limits..........................................................................................19.80-6

19.80.090 Prohibited Noise and Vibration..........................................................................19.80-6

19.80.100 Vibration.............................................................................................................19.80-8

19.80.010 Purpose
This Chapter establishes standards to reduce unnecessary, excessive and annoying noise and vibration in the City, maintain quiet in those areas which exhibit low noise levels, and implement programs aimed at reducing noise in those areas in the City where noise levels are above acceptable values.

19.80.020 Applicability
A. The standards and requirements contained in this Chapter shall apply to all areas within the City limits of Twentynine Palms.

B. Exemptions. The following sources of noise are exempt:

1. Temporary construction, repair or demolition activities between 7:00 a.m. and 7:00 p.m. except Sundays and federal holidays.

2. During the months of May through September of each year, temporary construction, repair or demolition activities shall be permitted during the hours of 6:00 a.m. to 7:00 p.m.

19.80.030 Definitions
All terminology used in this Chapter, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. The following words, phrases and terms as used in this Chapter shall have the meaning as indicated below:

A. A Weighted Sound Level. The sound level in decibels as measured on a sound level meter using the Aweighting network. The level so read is designated dBA.

B. Ambient Noise Level. The composite of noise from all sources near and far. In this context, the ambient noise level constitutes the normal or existing level of environmental noise at a given location.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.80-2 Noise Control
C. Community Noise Equivalent Level (CNEL). CNEL is a noise rating scale. CNEL is similar to the LDN scale (see Day Night Noise Level, below) except that it includes an additional 5 dBA penalty for events that occur during the evening (7 p.m. to 10 p.m.) time period.

D. Construction. Any site preparation, assembly, erection, substantial repair, alteration, or similar action, for or of public or private rights-of-way, structures, utilities or similar property.

E. Cumulative Period. An additive period of time.

F. Day Night Noise Level (LDN). A 24-hour, time-weighted annual average noise level. Time-weighted refers to the fact that noise which occurs during certain sensitive time periods is penalized for occurring at these times. In the LDN scale, those events that take place during the night (10 p.m. to 7 a.m.) are penalized by 10 dB. This penalty was selected to attempt to account for increased human sensitivity to noise during the quieter period of a day, where sleep is the most probable activity. LDN is composed of individual time segments which may be continuous or interrupted.

G. Decibel (dBA). A unit for measuring the amplitude of a sound, equal to 20 times the logarithm to the ratio of the sound measured to the reference pressure, which is 20 micropascals.

H. Demolition. Any dismantling, intentional destruction or removal of structures, utilities, public or private rights-of-way surfaces, or similar existing development.

I. Equivalent Noise Level (LEQ). The "energy" average noise level during the time period of the sample.

It is a number that represents a decibel sound level. This constant sound level would contain an equal amount of energy as a fluctuating sound level over a given period of time. LEQ can be measured for any time period, but is typically measured for 15 minutes, 1 hour or 24 hours.

J. Motor Vehicle. Any and all self-propelled vehicles as defined in the California Motor Vehicle Code, including all on-highway type motor vehicles subject to registration under said Code, and all offhighway type motor vehicles subject to identification under said Code.

J.K.Noise Sensitive Land Uses. Uses such as residential, school, hospital, nursing home, religious institution, library or similar use which requires exceptional quiet.

K.L. Sound Level Meter. An instrument, including a microphone, an amplifier, an output meter, or frequency weighting networks, for the measurement of sound levels. Such instrument shall meet or exceed the pertinent requirements for type S2A meters contained in the ANSI specifications for sound level meter, S1.4-1971, or the most recent revision thereof.

19.80.040 Administration
A. Lead Agency. The Community Development Director shall designate a control program established by this Chapter. Such program may designate a specific staff person or persons to administer the noise monitoring and review on behalf of the City.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.80-3 Noise Control
B. Powers. In order to implement and enforce this Chapter and for the general purpose of noise abatement and control, the City shall have, in addition to any other vested authority, the power to:

1. Conduct or cause to be conducted studies, research, and monitoring related to noise including joint cooperative investigation with public or private agencies, and the application for, and acceptance of, grants.

2. Review all public and private projects which are likely to cause noise in violation of this Chapter and which are subject to mandatory review or approval by other departments. Such review may include, but shall not be limited to:
a. Review for compliance with the intent and provisions of this Chapter. b. Require sound analyses which identify existing and projected noise sources and associated noise levels.
c. Require the usage of adequate mitigation measures to avoid violation of any provision of this Chapter.

3. Upon presentation of proper credentials, enter and/or inspect any private property, place, report or records at any time when granted permission by the owner or by some other person with authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon a showing of probable cause to believe that a violation of this Chapter may exist. Such inspection may include the administration of any necessary tests.

19.80.050 General Noise Regulations
Notwithstanding any other provision of this Chapter, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary or unusual noise which disturbs the peace and quiet enjoyment of any neighborhood or which causes any discomfort or annoyance to any reasonable person of normal sensitivity residing in the area. The factors which shall be considered in determining whether a violation of the provisions of this section exists shall include, but not limited to, the following:

A. The sound level of the objectionable noise.

B. The sound level of the ambient noise.

C. The proximity of the noise to residential sleeping facilities.

D. The nature and zoning of the area within which the noise emanates.

E. The number of persons affected by the noise source.

F. The duration of the noise and its tonal, informational or musical content.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.80-4 Noise Control
G. Whether the noise is continuous, recurrent or intermittent.

H. Whether the noise is produced by a commercial or noncommercial activity.

19.80.060 Noise Measurement Procedure
A. Upon receipt of a signed complaint from a citizen or upon direction from the City Council, the City shall investigate the complaint. The investigation shall consist of a measurement of the offending noise and the gathering of data to adequately define the noise problem and shall include the following:

1. Type of noise source.

2. Location of noise source relative to complainant’s property.

3. Time period during which noise source is considered by complainant to be intrusive.

4. Total duration of noise produced by noise source.

5. Date and time of noise measurement survey.

B. The following procedures shall be followed when taking noise measurements:

1. Utilizing the A weighting scale of the sound level meter and the “slow-meter response” (use “fast” response for impulsive type sounds), the noise level shall be measured at a position(s) at any point on the receiver’s property.

2. In general, the microphone shall be located 4 or 5 feet above the ground, and 10 feet or more from the nearest reflective surface where possible. However, in those cases where another elevation is deemed appropriate, the latter shall be utilized. If the noise complaint is related to interior noise levels, interior noise measurements shall be made within the affected residential unit. The measurements shall be made at a point at least 4 feet from the wall, ceiling or floor nearest the noise source, with windows in the normal seasonal configuration. Calibration of the measurement equipment utilizing an acoustic calibration shall be performed immediately prior to recording any noise data.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.80-5 Noise Control

19.80.070 Noise Standards
A. Table 19.80.070-1 describes the noise standard for emanations from any source, as it affects adjacent properties:

Table 19.80.070-1
Noise Standards
Affected Land Use (Receiving
Noise)
Noise Level
Interior CNEL Exterior CNEL
7 AM to 10 PM 10 PM to 7 AM
Residential Districts (RL, RS,

RM, R-HD, OSR)
45 dBA1 65 dBA2,3 45 dBA
Residential within Mixed Use
30 dBA Outdoor to
Indoor Noise
Reduction450
65 dBA 50 dBA
Office Commercial District (CO)
and Public District (P)
5545 dBA1 65 dBA 55 dBA
Other Commercial Districts (CN,

CG, CT, CS)
5545 dBA1 65 dBA 55 dBA
Community Industrial (IC) 70 dBA 80 dBA 70 dBA
Open Space5 - 5565 dBA 45 dBA
Noise Sensitive Land Uses 45 dBA 55 dBA 45 dBA
Military (M) As determined by Base
Command - -

1. Applies to indoor environment excluding bathrooms, toilets, closets and corridors.

2. Applies to single-family residential. Outdoor environment limited to private yard of single-family; normally this is a rear yard.

3. Applies to multi-family residential. Applies to first-floor patio area where there is an expectation of privacy (i.e., not a patio area which also serves as the primary entrance to the unit).

4. Standard recognizes that residential in mixed-use areas may be exposed to noise environments which may have late night noise and may change substantially from time to time.

5. Only applies to neighborhood parks where peace and quiet are determined to be of primary importance. Not applicable to urban parks or active parks.

B. No person shall operate or cause to be operated any source of sound at any location or allow the creation of any noise on property owned, leased, occupied or otherwise controlled by such person, which causes the noise level, when measured on any other property, either incorporated or unincorporated, to exceed:

1. The noise standard for that receiving land use, as specified in Table 19.80.070-1, for a cumulative period of more than 30 minutes in any hour; or

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.80-6 Noise Control

2. The noise standard plus 5 dBA for a cumulative period of more than 15 minutes in any hour; or

3. The noise standard plus 10 dBA for a cumulative period of more than five minutes in any hour; or

4. The noise standard plus 15 dBA for a cumulative period of more than one minute in any hour; or

5. The noise standard plus 20 dBA for any period of time.

C. If it is determined that the existing noise level exceeds any of the standards contained in Subsection

19.74.070.B (1-5) above, the allowable noise exposure standard for a new project may be increased by 5 dBA in each category.

D. If the alleged offense consists entirely of impact noise or simple tone noise, each of the noise levels in Table 19.80.070-1 shall be reduced by 5 dBA.

19.80.080 Interior Noise Limits
The maximum permissible interior noise level for residential uses, generated from another property, as measured in a residential living area on the receiving property, shall be as specified in Table 19.80.080-1.

Table 19.80.080-1
Residential Interior Noise Limits
Time Interval Allowable Interior Noise Level (dBA)
Five (5) minutes in any given hour 45
One (1) minute in any given hour 55
Any length of time 65

19.80.090 Prohibited Noise and Vibration
A. No person shall unnecessarily make, continue or permit to continue prohibited noise and/or vibration as described herein. Any person(s) so doing shall be in violation of this ordinance.

B. Operating, playing or permitting the operation or playing of any radio, television, sound system, drum, musical instrument or similar device which produces or reproduces sound:

1. Between the hours of 10 p.m. and 7 a.m. in such a manner as to create a noise disturbance across a residential or commercial real property line, except for cases in which an exception has been issued by the City.

2. In such a manner as to exceed the levels set forth for public space in Table 19.80.070-1, measured at a distance of at least 50 feet from such device operating on a public right-of-way or public space.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.80-7 Noise Control
C. Using or operating for any purpose any loudspeaker system or similar device between the hours of 10 p.m. and 7 a.m. such that the sound therefrom creates a noise disturbance across a residential real property line, except for any noncommercial public speaking, public assembly or other activity for which an exception has been issued by the City.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Effective August 25, 2016 Page 19.80-8 Noise Control
D. Offering for sale, selling anything, or advertising by shouting or outcry within any residential or commercial area of the City except by variance issued by the City. The provisions of this Section shall not be construed to prohibit the selling by outcry of merchandise, food, and beverages at licensed sporting events, parades, fairs, circuses or other similar licensed public entertainment events.

E. Owning, possessing or harboring any animal or bird which frequently or for long duration, howls, barks, meows, squawks or makes other sounds which create a noise disturbance across a residential or commercial real property line. This provision shall not apply to public zoos.

F. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10 p.m. and 7 a.m. in such a manner as to cause a noise disturbance across a residential real property line.

19.80.100 Vibration
A. Vibration Standard. No ground vibration shall be allowed which can be felt without the aid of instruments at or beyond the lot line; nor will any vibration be permitted which produces a particle velocity greater than or equal to 0.2 inches per second measured at or beyond the lot line.

B. Vibration Measurement. Vibration velocity shall be measured with a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity or acceleration.

Readings are to be made at points of maximum vibration along any lot line.

C. Exempt Vibrations. The following sources of vibration are not regulated by this Code:

1. Motor vehicles not under the control of an industrial use.

2. Temporary construction, maintenance or demolition activities between 7:00 a.m. and 7:00 p.m. except Sundays and federal holidays.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.92-1 Trash Enclosure Standards
Chapter 19.92 Trash Enclosure Standards
Sections

19.92.010 Purpose ...............................................................................................................19.92-1

19.92.020 Applicability.......................................................................................................19.92-1

19.92.030 Permit Requirements and Exemptions...............................................................19.92-1

19.92.040 Development Standards......................................................................................19.92-2

19.92.010 Purpose
This Chapter establishes standards for the provision and construction of trash storage areas for the purpose of screening the trash container(s) from public view, maintaining any loose debris within the enclosure, providing access to persons with disabilities, and providing a permanent location for the container(s) that will not encroach on driveways, parking, pedestrian and emergency access areas. The intent of these regulations is to comply with state law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911) as well as with the City’s General Plan. The term “trash” shall be used in this Section to represent refuse, recyclable materials, and organic waste.

19.92.020 Applicability
The standards contained in this Chapter shall apply to the following:

A. New Uses and Buildings. For all buildings erected and all new uses of land established after the effective date of this Title, trash facilities shall be provided as required by this Chapter.

B. Modification to Existing Structures and Uses. Whenever an existing building is modified or a use is expanded such that it creates an increase of more than 25 percent in the number of existing dwelling units for residential projects or more than 25 percent in the existing square footage of commercial or industrial projects, trash facilities shall be provided as required by this Chapter.

C. Conversion of Existing Structures to Restaurants, Food Service Establishments, or Grocery Stores.

Whenever an existing building is converted to a restaurant, food service, grocery or other business creating organic waste, without increasing the square footage, trash enclosures shall be provided containing bins for organic waste as required by this Chapter.

19.92.030 Permit Requirements and Exemptions
A. Permit Required. Consistency with the regulations contained in this Chapter shall be reviewed concurrent with any required Building Permit or land use permit for applicable projects.

B. Exemptions. The following projects are exempt from the requirements of this Chapter:

1. Residential Projects of Four Units or Less. Residential projects containing four units or less are not subject to the requirements in this Chapter. Individual trash storage containers are still required.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.92-2 Trash Enclosure Standards
However, if such a residential complex of four units or less utilizes trash bins of four cubic yards or greater, they must be in an enclosure as required by this Chapter.

2. Temporary Uses. Temporary uses shall not be required to provide an enclosure in accordance with this Chapter. Trash storage containers are still required.

19.92.040 Development Standards
A. Number of Trash Enclosures. Trash enclosures for multi-family residential, commercial and industrial uses shall be of sufficient size to accommodate the trash container, recycling container and organics recycling container (if applicable), consistent with the following standards. Businesses claiming an exemption from providing an organics container will be required to submit documentation supporting the exemption. All trash enclosures shall be in compliance with the ADA accessibility standards of the CA Building Code.

3. Single Tenant Building: One trash enclosure per commercial establishment.

4. Multi-Tenant Complex: One trash enclosure per three commercial establishments or units where each unit is 15,000 square feet or less.

5. Multi-Tenant Complex: One trash enclosure per commercial establishment or unit where the unit is 15,001 square feet or larger.

6. Multi-Family Residential Complex: One trash enclosure per complex of five or more units and at a rate of one trash enclosure per ten dwelling units (or fraction thereof).

B. Screening of Trash Storage Areas. All outdoor storage of trash, garbage, refuse, and other items or material intended for discarding or collection shall be screened from public view on three sides by a permanent trash enclosure, in accordance with Figure 19.92.040-1 (Trash Enclosure Standards).

1. Materials and Construction. Trash enclosures shall be sized to accommodate the required trash container, recycling container and organics recycling bin and shall be constructed of a 6-foot-high solid wall of 8-inch block construction, or similar permanent construction on three sides using materials used in the primary structure, including masonry material, stucco, brick, stone, or decorative concrete block. The fourth side shall be a gate 6 feet in height made of wood or metal painted to match the surrounding wall.

2. A solid roof treatment that is architecturally compatible with the primary buildings on site shall be provided and shall be designed in a manner to prevent windblown trash from leaving the enclosure.

1.3.Concrete curbs, bollards or wheel stops shall be installed or constructed inside the enclosure to prevent bins from damaging the enclosure. Concrete curbs or equivalent shall protect the exterior of enclosures adjacent vehicle parking and travel ways.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.92-3 Trash Enclosure Standards

2.4.Stockade Fence Option. For a multi-family residential complex of five to nineteen units a stockade wood fence with a solid wood gate is a permitted option in accordance with Figure 19.92.040-2.

For a multi-family residential complex of twenty or more units, the trash enclosure shall be of 8- inch solid wall block construction in accordance with Figure 19.92.040-1.

3.5.Visibility.
a. Gates of trash enclosures shall remain closed at all times, except when the enclosure is being accessed for refuse disposal or pick-up.
b. Trash bins shall not be visible above the wall.

C. Maintenance. The property owner shall keep all trash enclosures, including gates, maintained in a clean condition, free of graffiti, in good repair, and in functional order at all times.

D. Architectural Treatment. All trash enclosures visible from streets or public parking areas shall be constructed and finished to be compatible with the architectural details and decor of the primary structure.

E. Location.

1. Trash enclosures shall not be located within the required front or street side setbacks and shall be located near a driveway that allows access by the trash pick-up vehicles.

2. Enclosures shall be located a minimum of 10 feet from any building, 25 feet from any public street, 15 feet from any private street, and in nonresidential zones, 20 feet from any residentially zoned property.

1.3.The location of the enclosure shall not conflict with circulation or parking conditions on site. A condition shall not be created where a parked vehicle will obstruct access to an enclosure nor where a disposal truck will obstruct parked vehicles.

2.4.Garbage containers or trash bins shall not be kept, placed, or maintained so as to be visible from any public street or alley
F. Modifications. Variations from these standards may be made to accommodate unique site conditions or constraints. Any variation from these standards shall be submitted to the Community Development Director for approval. The Director may approve or deny the proposed modification to achieve consistency between the design of the trash enclosure and the primary structure on-site, to accommodate site constraints, or when such modification is determined necessary to comply with the requirements of the waste hauler or state law.

F.G. Enforcement. For properties that do not currently contain a trash enclosure, in the event of Code Enforcement violations the City may require that the property construct an enclosure in compliance with this Chapter.

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.92-4 Trash Enclosure Standards

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.92-5 Trash Enclosure Standards
Figure 19.92.040-1
Trash Enclosure Standards – Solid Block Wall

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.92-6 Trash Enclosure Standards
Figure 19.92.040-2
Trash Enclosure Standards – Stockade Fence (Optional for Residential)

City of Twentynine Palms Development Code Article 4, Site Development Regulations Adopted July 26, 2016
Revised
Effective Page 19.92-7 Trash Enclosure Standards
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STAFF REPORT
TO: City Council
FROM: Community Events Coordinator
FOR MEETING: Aug 13 2024
SUBJECT: 2024-2025 Community Event Grants.

RECOMMENDATION:

The Event Ad Hoc Committee is recommending the following events to be funded; $26,050 in total:

1. The Taste of the Des - $2,000

2. Historic Plaza Seasonal Event Series - $10,000

3. 12th Annual Joshua Tree National Park Art Expo - $4,000

4. Holiday Art Faire - $1,950

5. Spring Arts & Crafts Faire - $3,400

6. Morongo Basin Spell-A-Thon - $1,000

7. From There to Here: Military and Veteran Expressions Art Exhibition - $3,700 The Event Ad Hoc Committee is recommending the following reallocations of funding; $12,000 in total:

1. 88th Annual Pioneer Days - $10,000

2. PAAC Community and Youth Arts Grants - $2,000
The total amount between event funding and reallocation is $38,050.

ORDER OF PROCEDURE:

Request Staff Report (Community Events Coordinator
presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• 2024-2025 Community Event
Grant Guidelines
• The Taste of the Des
Application
• "From Here to There: Military
and Veteran Expressions" Art
Exhibition Application
• Historic Plaza Seasonal Event
Series Application
• 12th Annual Joshua Tree
National Park Art Expo
Application

• Holiday Art Faire Application
• Spring Arts and Crafts Faire
Application
• Morongo Basin Spell-A-Thon
Application
BACKGROUND:

On Friday, May 10, 2024, the City of Twentynine Palms called for non-profit organizations, businesses, and individuals to apply for the 2024-2025 Community Event Grant funding. The application period was open until 11:59 p.m. on Sunday, June 30, 2024, and applicants could submit their proposals in person, by mail, or by email.

The Committee met on Thursday, July 18, 2024, to provide feedback and the recommendations that they would like to present to the rest of the City Council. Upon thorough review and guidance from Staff, the Committee agreed upon funding seven (7) of the fifteen (15) community event proposals for the 2024-2025 Fiscal Year.

These events recommended for funding are:

The Taste of the Des Food Festival
September 21, 2024 - Freedom Plaza
The Hangry Bear, a local business owned and operated by Ivan Davis, is planning the first food festival in Twentynine Palms. The festival will feature food and non-food vendors, as well as artists and performers, to showcase their talents. They are anticipating 8-15 food vendors, offering barbecue, tacos, pizza, and more, and 5-10 non-food vendors featuring various crafts, vintage clothing, glass blowing, and more.

It is the Ad Hoc Committee's recommendation to grant this event proposal $2,000. These funds will be utilized for the rental of Freedom Plaza, portable toilets and handwash stations from Burrtec, bands/DJs, and the workforce for cleaning, walking the grounds, setting up, and tearing down.

From There to Here: Military and Veteran Expressions Art Exhibition October 1 - December 31, 2024 - Twentynine Palms Visitor Center Mil-Tree Veteran Project, a local 501(c)3 non-profit organization, will present its From Here to There:

Military and Veteran Expressions Art Exhibition at the Twentynine Palms Visitor's Center from October to December 2024. This event is a unique opportunity to explore the creative expressions of the military, veterans, and their families as they share their personal journeys and the impact of military service on their lives through art. The experience will benefit both artists and community members. For the artists, the opportunity to create and share their work helps to alleviate and free themselves from any trauma they might be carrying. For the audience, this exhibit gives the community a glimpse of what it's like to serve, deepening their understanding of our military brothers' and sisters' experiences as they make the journey from active service to their return home. Mil-Tree will hold a reception for the exhibit that will include spoken word performances, with approximately 4-5 poets presenting work relevant to the exhibition.

It is the Ad Hoc Committee's recommendation to grant this event proposal $3,700. These funds will be utilized to pay the curator, give an honorarium to each artist involved, hire a graphic designer, and market with flyers and posters.

Historic Plaza Seasonal Event Series
Fall Fair w/ 1st Annual Classic Car and Motorcycle Show - October 20, 2024 - Historic Plaza Winter Fair w/ Holiday Marketplace - December 15, 2024 - Historic Plaza Spring Fair w/ Chalk Festival - March 23, 2025 - Historic Plaza Page 122 of 296 Summer Fair w/ Splash Fest - June 22, 2025 - Historic Plaza Mojave Moon Apothecary, a local business owned and operated by Heather Basile, and SUN OF THE DESERT, a local business owned and operated by Jimmy Brower, are teaming up to host four (4) events at the Historic Plaza over the course of the 2024-2025 Fiscal Year. This series of seasonal community events is aimed at fostering community engagement, enhancing the sense of place, and revitalizing the Twentynine Palms Historic Plaza. Each seasonal event will feature a unique set of activities designed to bring residents and visitors together in a festive and welcoming atmosphere. Their events will include a variety of nostalgic, fun fair-style attractions.

From juried Classic Car Shows to Chalk Festivals to Holiday Markets, these kid and pet-friendly activities will cater to all ages and lifestyles.

It is the Ad Hoc Committee's recommendation to grant this event proposal $10,000. These funds will be utilized for essential aspects of event planning and execution, including the rental of equipment and purchase of materials to be directly used during the events. Funds will also cover marketing and promotional efforts, social media ads, and printing costs as well as on-site promotional materials such as banners and signage. Additionally, the grant will support logistical needs, including permits, insurance, and sanitation services to ensure a safe and enjoyable experience for all attendees.
12th Annual Joshua Tree National Park Art Expo
November 1-30, 2024 - 29 Palms Art Gallery
The Joshua Tree National Park Council for the Arts (JTNPCA), a local 501(c)3 non-profit organization, will present its 12th Annual Joshua Tree National Park Art Expo at the historic 29 Palms Art Gallery in November 2024. The exhibition features artwork "depicting or inspired by the natural aspects of Joshua Tree National Park or its cultural history" and is open to artists in the desert region, across California, the United States, and Canada. Each year, entries are received from 100-150 artists, both amateur and professional, who have a connection with the park and have created artwork inspired by the park. Of these, 50-60 artists are selected, and one art piece per artist is chosen. The Art Expo opening weekend has an Art Market with artist booths on the gallery grounds, art demonstrations for all ages, food and beverages, live music by local musicians, an awards reception, and the juried exhibition in the gallery. Admission is free to the gallery and all events.

It is the Ad Hoc Committee's recommendation to grant this event proposal $4,000. These funds will be utilized for being the "Awards Sponsor." Each year, the JTNPCA presents awards for the juried artwork in three (3) categories: 2-Dimensional Art, 3-Dimensional Art, and Photography, with a 1st, 2nd, and 3rd Place award in each category, plus a Best of Show. The cash awards total $4,000 and are chosen by three award judges, comprised of professional artists or arts administrators. They would like the $4,000 grant to cover the award money presented to the artists and make the City of Twentynine Palms their "Awards Sponsor." Holiday Art Faire
November 19, 2024 - 29 Palms Art Gallery
The 29 Palms Artists Guild, a local 501(c)3 non-profit organization, will host its Annual Holiday Art and Craft Faire at the historic 29 Palms Art Gallery in November 2024. This event is a showcase of creativity and community diversity highlighting the works of over two (2) dozen artisans within the picturesque backdrop of Twentynine Palms. This gathering will feature a variety of art forms, including painting, photography, pottery, fiber arts, and jewelry, catering to a wide audience from art enthusiasts to casual shoppers. The family-friendly environment of the Holiday Art Faire offers engaging activities suitable for all ages, emphasizing support for local artists and promoting cultural enrichment.

It is the Ad Hoc Committee's recommendation to grant this event proposal $1,950. These funds will be utilized for securing facilities needed for the event, including rental fees for the portable restrooms, hiring an art teacher to conduct workshops or demonstrations during the event, booking music entertainment acts to enhance the atmosphere and provide live entertainment, printing banners and promotional materials to publicize the event and attract attendees, and hire a security guard to watch over the booths set up overnight, ensuring the safety and security of the event set up.

Spring Arts and Crafts Faire
March 15-16, 2025 - 29 Palms Art Gallery
The 29 Palms Artists Guild, a local 501(c)3 non-profit organization, will host its Annual Spring Arts and Crafts Faire at the historic 29 Palms Art Gallery in March 2025. This event is a showcase of creativity and community diversity highlighting the works of over two (2) dozen artisans within the picturesque backdrop of Twentynine Page 123 of 296 Palms. This gathering will feature a variety of art forms, including painting, photography, pottery, fiber arts, and jewelry, catering to a wide audience from art enthusiasts to casual shoppers. The family-friendly environment of the Spring Arts and Crafts Faire offers engaging activities suitable for all ages, emphasizing support for local artists and promoting cultural enrichment.

It is the Ad Hoc Committee's recommendation to grant this event proposal $3,400. These funds will be utilized for securing facilities needed for the event, including rental fees for the portable restrooms, hiring an art teacher to conduct workshops or demonstrations during the event, booking music entertainment acts to enhance the atmosphere and provide live entertainment, printing banners and promotional materials to publicize the event and attract attendees, renting a tent for an information booth to provide guests with event details, maps, and assistance, and hiring a security guard to watch over the booths set up overnight, ensuring the safety and security of the event set up.

Morongo Basin Spell-A-Thon
March 22, 2025 - Twentynine Palms Community Center
The Friends of the Twentynine Palms Library, a local 501(c)3 non-profit organization, is teaming up with the other Friends of the Library organizations in the Morongo Basin to present the 4th Annual Morongo Basin Spell-A-Thon in March 2025. The Spell-A-Thon is held to raise funds that benefit residents of the Morongo Basin, by improving programs and services offered by the three (3) libraries that are not paid for by the County of San Bernardino.

It is the Ad Hoc Committee's recommendation to grant this event proposal $1,000. These funds will be utilized to support organizational efforts such as marketing, printing, materials, team supplies, web work, signage, insurance, and other miscellaneous expenses.

When the Ad Hoc Committee met in July 2024 to prepare their recommendations for the Council, they agreed to recommend the reallocation of $10,000 to the 88th Annual Pioneer Days event given the circumstances of this year's event. Pioneer Days is a separate line item under the Community Events budget.

The Ad Hoc Committee is also recommending allocating $2,000 to the Public Arts Advisory Committee (PAAC). The purpose of the additional $2,000 is to increase the PAAC's ability to fund the Community and Youth Arts Grants at the $8,000 level.

ENVIRONMENTAL:

None.

ALTERNATIVES:

The City Council could choose to deny or give other recommendations.

FISCAL IMPACT:

Within the Adopted Budget, $50,000 is available for Community Event Grants. Should all events be funded, $11,950 will be available for allocation to other events or used however the City Council sees fit.

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT GUIDELINES
2024-2025 Fiscal Year
Eligibility Criteria for City of Twentynine Palms Event Grants Eligible Applicants: Non-profit organizations, businesses, and individuals are encouraged to apply. Prior experience in event organization is required to ensure the successful execution of proposed activities. Residency in Twentynine Palms is not mandatory.

Goals: Events should showcase Twentynine Palms’ character, diversity, or history. Events should not be intended to celebrate or recognize a small group, such as reunions. It is encouraged that events be free to attend and open to the public.

Event Location: Events must occur within the City of Twentynine Palms limits. Applicants must provide a preliminary Venue Agreement as part of their application.

Target Audience: Events should primarily benefit the citizens of Twentynine Palms, enhancing their quality of life.

ADA Accessibility: Events must be held at ADA-accessible venues, demonstrating a commitment to inclusivity.

Application Process and Subcommittee Review
Submission: Applicants must complete a standard event grant application form detailing event plans, budget, and marketing strategy.

The application is open for events held September 1, 2024, through June 30, 2025.

Event Ad Hoc Committee: Initial review is conducted by the Event Ad Hoc Committee, comprising of two City Councilmembers with assistance from the Community Events Coordinator. The review period will begin July 1, 2024, when the committee will review qualified applications and prepare a funding recommendation that will then be considered by the City Council. Event Ad Hoc Committee members are prohibited from receiving any form of gain from events submitted, ensuring impartial evaluation of all applications. Furthermore, committee members are required to recuse themselves from evaluating any submissions involving friends or family members to maintain objectivity and fairness in the selection process. 1

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT GUIDELINES
2024-2025 Fiscal Year
Twentynine Palms City Council Review: Applications that meet all the criteria will be reviewed by the full Twentynine Palms City Council during their regular meetings, which are open to the public. Applicants whose submissions will be sent to the Council for approval are invited and encouraged to attend these sessions for potential clarification.

Funding Allocation
Range of Event Grant Awards: The minimum amount allocated is $1,000, and the maximum amount allocated is $10,000.

Partial Funding: The Event Ad Hoc Committee and the City Council reserve the right to not grant the full amount requested from the applicant.

Distribution of Funds: Recipients will be provided with 75% of the funding upfront and the remaining 25% upon completion of the event.

For instance, a grant awarded in the amount of $10,000 will be provided with $7,500 upfront and $2,500 upon completion.

Marketing and Branding Requirements
Marketing Requirements: Grant recipients must incorporate the City of Twentynine Palms seal in their marketing materials and tag the City’s social media accounts in event-related posts.

Marketing Plan Submission: Applicants must provide a comprehensive marketing plan outlining strategies for engaging with the City’s social media platforms and attracting community participation.

Branding Requirements: All event materials must prominently feature the City of Twentynine Palms seal for consistent branding.

Insurance Requirements
All event organizers who receive funding through the Community Event Grant program must obtain event liability insurance coverage in the amount of at least $1 million. The insurance coverage will name the City of Twentynine Palms, its officers, officials, employees, agents, and volunteers as additional insured. Event organizers must provide a “Certificate of Insurance” with “Additional Insured Endorsement” to the City no later than 30 days prior to holding the event.
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CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT GUIDELINES
2024-2025 Fiscal Year
Reporting and Accountability
Post-Event Reporting: Grant recipients must submit a detailed postevent report, accompanied by a presentation at a City Council meeting, within four (4) weeks of the event’s conclusion. Reports should focus on the event’s impact on the local community and include visual documentation.

Attendee Survey: Recipients must conduct and report on a survey of event attendees to assess direct impact and attendee experiences, contributing to a comprehensive understanding of the event’s contribution to community life.

Amendments and Exceptions
Policy Amendments: The City Council retains the authority to revise guidelines to improve the grant program’s effectiveness and fairness.

Exceptions: Requests for deviations from guidelines must be submitted to the City Council for consideration and approval, ensuring transparent decision-making.

How to Submit Your Application
By Mail: If you choose to mail your application, it must be postmarked and mailed by June 30, 2024, to be considered for funding. Please mail to the address below:

City of Twentynine Palms
ATTN: Event Ad Hoc Committee
6136 Adobe Road
Twentynine Palms, CA 92277
By Email: If you choose to email your application, it must be received by 11:59 p.m. on June 30, 2024. Please email Community Events Coordinator Scott Clinkscales at [email protected].

In Person: If you wish to deliver your application in person, it must be delivered to City Hall (6136 Adobe Road) by Thursday, June 27, 2024, at 6:00 p.m. Please have it addressed to the Event Ad Hoc Committee.

Application Deadline: June 30, 2024
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CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Application Questions
Event Description: (500 words or less)
3 Taste of the Des Festival is a gathering of Food and Non-food vendors as well as artists and performers to showcase their talents. It'll be the first Food festival in 29 Palms to my knowledge. We anticipate between 8-15 food vendors (BBQ , tacos, pizza, vegan, sandwiches, pudding, etc.) and 5-10 non food vendors(crafts, glass blowing, vintage clothing, etc ). We want to bring some shine to the desert.

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Describe how this event will benefit the members of the Twentynine Palms community: (500 words or less)
4 This event will bring in tourists, which will result in more revenue for the city. I'm also talking to several members of our Marine base to see if we can incorporate them somehow, and that will also bring a more concentrated surge to the actual city of 29 Palms. We've partnered with Find Food Bank, and they have agreed to join us on site to hand out food bags for those who are in need. So the less fortunate will be able to grab food free of cost.

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Describe how this event will showcase Twentynine Palms’ character, diversity, or history: (500 words or less)
5 The first way it will show our diversity and history stems from our various logos, we've incorporated colors and visuals of the desert and 29 Palms. Secondly, I'm reaching out to the international group from 29 Palms High to see if they're interested in performing at the festival. Lastly, with the Military presence that we anticipate to be there as well as the variety of vendors, it will embody the essence of 29 Palms.

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Provide a list of any additional funding sources you intend to utilize or have already secured for this event: (250 words or less) Describe your intended audience and how you will reach them through your marketing strategy: (250 words or less)
6 We have already sent out Sponsorship packets to several businesses and are awaiting responses. Personal funds as well as fees and donations gathered from the vendors.

Our marketing strategy is already underway, we have an Instagram page dedicated to the Festival and we are in the process of a Facebook page as well. We intend to target food lovers, military affiliates, tourists and locals. We intend on a heavy social media and word of mouth push for advertising.

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Should your application be successful, how do you intend to utilize the City of Twentynine Palms Community Event Grant? (250 words or less) Should your event receive partial or no funding from the City of Twentynine Palms, what effect will that have on its execution? (250 words or less)
7 The funds would go to the rental of Freedom Plaza, Burrtec's hand washing stations and portable toilets, Bands/DJs, and the workforce for cleaning, walking the grounds, setting up and tearing down.

It would have a somewhat drastic effect on the event. We'd have to perhaps not have all of the entertainment that we would like to have. However, partial funding would be better than none at all. We would just have to adapt and adjust accordingly.

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
How do you intend to collect data and analyze the success of your event? (250 words or less)
Are there any potential challenges or risks associated with organizing this event, and how do you plan to address them? (250 words or less) 8 We would contact each vendor and get the data that they are comfortable with sharing with us, as well our own data from our booths. Then we can compile it in a spreadsheet and keep track in that manner.

With a gathering of numerous people and cooking being done risks are inevitable. We plan on taking all of the necessary precautions, we'll have individuals in the parking lot coordinating Parking, the fire department will do their inspections , as well as the health department. I think with everyone working together, we will make all the risks miniscule.

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
If this is an established event, please provide a detailed history of its success, including attendance and economic impact for at least the past two years. If this is the first time this event is hosted, submit a twoyear history of any event programming you have previously organized. (500 words or less)
9 This is the first event of its kind that I'm organizing.

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Attachments
Please attach the following documents with your application in the order below. All documents are required. Once you have attached each document, check it off the list.

Event Organizer Resumé
Timeline / Gantt Chart
Budget Plan
Marketing Plan
Emergency Action Plan
Venue Agreement
Signature Agreement
Applicant agrees to hold harmless the City of Twentynine Palms, its officers, employees, representatives, and agents harmless from and against any and all damage, injury, loss, liability, cost, legal expense, fines/penalties, surcharges, and/or other expenses of any nature whatsoever arising from or related to said activity including party’s acts and/or omissions and/or the acts and/or omission of said party’s officers, employees, contractors, assignees, representatives, or agents of the event described in this document Applicant further agrees that as a condition of receiving funding from the City, Applicant will have in effect in connection with the event liability insurance coverage in the amount of at least $1 million. The coverage will name the City of Twentynine Palms, its officers, employees, representatives, and agents as Additional Insured. Applicant must provide a “Certificate of Insurance” with “Additional Insured Endorsement” to the City 30 days prior to holding the event described in this document.

Signature
Date
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Ivan Davis 5-30-2024

Hello
I’m Ivan Davis
29 Palms, CA 92277
[email protected]
Skills
Preparing,Cooking, and Serving high quality BBQ and southern style soul food. As well as, Polynesian cuisines.

Experience
March 2023 - PRESENT
● Most Saturdays at the 29 Palms Farmers Market.
● 29 Palms Pioneer Days.
● Yum Yum Food Festival and Night Market (Palm Desert). ● International Festival
● Orchid Festival
● Fireworks in Landers
● Mas O Menos Bar
● Super fest (Base/MCCS)
● We Salute You (Base/MCCS)
● Friday Night on Pierson
Awards
Nominated for the best caterer in the Morongo Basin.

Marketing Plan for Taste of the
Des

06.25.2024
─
Ivan Davis
Taste of the Des
29 Palms, CA 92277

1 Overview
This is the Marketing Plan for the Taste of the Des food festival that will be taking place on September 22, 2024
Goals

1. To advertise and Reach our target audience to reach the most patrons as possible.

2. To have Websites, social media and physical advertising in place well before the event.

3. To have all information on each level of advertisement, so potential customers have everything they need at their fingertips.

Specifications

1. Instagram page (made and functional in March 2023)

2. Facebook page (will be made in early July)

3. Flyers (working with a third party, have several designs and styles ready to go) Timeframe
The flyers will be passed out to several local businesses that have already gave their approval for us to post them. No later than mid July. The flyers will also be passed out on base to several units, stores, first responders, etc.

The Instagram page has been created and posts have already been made The Facebook page is under construction and will be available in the next 2 weeks Milestones
I. Our plan is to have all advertisment ready and operational by mid July

CITY OF TWENTYNINE PALMS

EVENT EMERGENCY ACTION PLAN

FREEDOM PLAZA

GENERAL
The “EVENT NAME” will be held MONTH DAY, YEAR at Freedom Plaza, 73551 Twentynine Palms Highway, Twentynine Palms, CA 92277.

PURPOSE PROCESS

1. This Emergency Action Plan (EAP) predetermines actions to take before and during the “EVENT NAME” (hereinafter referred to as “the event”) in response to an emergency or otherwise hazardous condition. These actions will be taken by organizers, management, personnel, and attendees. These actions represent those required prior to the event in preparation for those required during an emergency.

2. Flexibility must be exercised when implementing this plan because of the wide variety of potential hazards that exist for this event. These hazards include, but are not limited to, Fire, Medical Emergencies, Sever Weather, or situations where Law Enforcement is required.

ASSUMPTIONS

1. The possibility of an occurrence of an emergency is present at this event. The types of emergencies possible are various and could require the response of Fire & Rescue, Emergency Medical Services, and Police.

BASIC PLAN

1. EAP Event Representative
a. The EAP Event Representative will be identified as the point of contact for all communications regarding the event.
i. PRIMARY CONTACT: FIRST/LAST NAME
ii. PHONE NUMBER:

2. Emergency Notification
a. In the event of an emergency, notification of the emergency will be through the use of 911. The caller should have the following information available to the 911 operator:
i. Location of the emergency
ii. Nature of the emergency
iii. Contact person with callback number
b. We will have on-site EMS (DELETE TEXT OR ENTER CONTACT NAME OF EMS SUPERVISOR & PHONE NUMBER HERE).
c. We will have on-site SBCSD (DELETE TEXT OR ENTER CONTACT NAME OF SBCSD SUPERVISOR & PHONE NUMBER HERE).

CITY OF TWENTYNINE PALMS

EVENT EMERGENCY ACTION PLAN

FREEDOM PLAZA

WEATHER

1. Weather forecasts and current conditions will be monitored through National Weather Service’s Las Vegas Weather Forecast Office website at weather.gov/vef.

2. Before the Event – If severe weather is predicted prior to the event, the EAP Event Representative will evaluate the conditions and determine if the event will remain scheduled.

The EAP Event Representative or his/her/their designee will be identified as such and will be responsible for monitoring the weather conditions before and during the event.

3. During the Event – If severe weather occurs during the event, the EAP Event Representative or his/her/their designee will notify those attending the event that a hazardous weather condition exists and direct them to shelter.

4. Lightning & Thunderstorms
a. In the event of weather conditions with the potential of lightning activity, careful monitoring of the weather dynamics is required. Such factors as the developing cloud patterns in the area, the lightning, and thunder activity should be considered. b. In conditions where there is observable thunder and lightning, this event will follow the 30-30 Rule. If lightning is observed and thunder is heard within 30 seconds, the event will be delayed until 30 minutes have passed since thunder was last heard.

5. Wind
a. Power outages may occur with as little as twenty-five (25) mile per hour winds and can uproot trees with shallow roots. If an event has tents, be cautious of the stability of the structure. Wind can pose a hazard to participants or spectators, and if the onsite Event Coordinator determines that wind poses a life safety issue, then activities shall be suspended.
b. Below is the recommended weight for each leg of all tents/canopies used at an event:
i. Non-Windy Conditions: 20-30lbs per leg
ii. Windy Conditions (20-30mph): 50-75lbs per leg

6. Excessive Heat:
a. In planning for outdoor activities in excessive heat conditions, consider certain precautions, e.g. can the event be scheduled in the morning or evening hours when it is cooler? The on-site Event Coordinator will offer or encourage participants to:
i. Drink or have plenty of water available. Avoid alcoholic and high sugar drinks. ii. Encourage participants to wear lightweight, light-colored, and loose-fitting clothing.
iii. Wear a wide-brimmed hat, sunglasses, and sunscreen.

CITY OF TWENTYNINE PALMS

EVENT EMERGENCY ACTION PLAN

FREEDOM PLAZA

EARTHQUAKE

1. The danger of an earthquake is high; however, it is unknown when earthquakes of a great magnitude are predicted to happen. Precautions should be in place should a large magnitude earthquake occur, and the event personnel should be aware of the danger and the procedures for safety and evacuation.
a. Initially “Drop, Cover, and Hold On.”
b. Stay calm and await instructions from emergency personnel or a designated official. c. Keep away from overhead fixtures, windows, and electrical power. d. Assist people with disabilities in finding a safe place. e. Evacuate as instructed by a designated official. Be aware of falling objects as you exit a structure or hazards on the ground or in the area.

LAW ENFORCEMENT, FIRE, & MEDICAL EMERGENCIES
Police, Fire, and Ambulance will respond based on the initial call. Police personnel are trained in first aid and can provide stabilization until the ambulance arrives.

1. Law Enforcement
a. Should an incident occur that requires Law Enforcement, the on-site SBCSD officer will be contacted to request this resource. If there is no on-site SBCSD officer, the EAP Event Representative will contact 911 to request this resource. The caller should have the following information available to the on-site SBCSD officer or 911:
i. Location of the emergency
ii. Nature of the emergency
iii. Contact person with callback number

2. Fire Emergency
a. All staff will be instructed on the safe use of Portable Fire Extinguishers. b. The use of open flame for grilling shall only be allowed if it is an approved California State Fire Marshal device.
c. Outdoor cooking that produces sparks or grease-laden vapors shall not be conducted within 20 feet of a tent, canopy, or membrane structure. d. Fire extinguishers in the vendor area shall be spaced no more than 75 feet from any location. Any single tent or canopy shall have extinguishers as follows:
i. 200-500 square feet of floor area: One 2-A: 10-B: C. ii. 501-1000 square feet of floor area: Two 2-A: 10-B: C. iii. Each additional 2,000 square feet of floor area or fraction thereof: One 2-A:
10-B: C.

CITY OF TWENTYNINE PALMS

EVENT EMERGENCY ACTION PLAN

FREEDOM PLAZA
e. Should an incident occur that requires the Fire Department, 911 will be utilized to request this resource. The caller should have the following information available to the 911 operator:
i. Location of the emergency
ii. Nature of the emergency
iii. Contact person with callback number

3. Medical Emergency
a. As with an outdoor event, there is potential for injury to the participants. The types of injuries are various and include those that are heat-related as well as traumatic injuries.
b. Should an incident occur that requires Emergency Medical Services, the on-site EMS officer will be contacted to request this resource. If there is no on-site EMS officer, the EAP Event Representative will contact 911 to request this resource. The caller should have the following information available to the on-site EMS officer or 911:
i. Location of the emergency
ii. Nature of the emergency
iii. Contact person with callback number

EMERGENCY VEHICLE ACCESS

1. Access for emergency vehicles will be maintained at all times.

2. Fire lanes and fire hydrants will not be obstructed.

3. Participants and spectators will be directed to park in approved areas and not obstruct protective features, sidewalks, or public throughways.

4. Parking for vendors and staff vehicles will be (ENTER LOCATION/SEE MAP).

5. Parking for attendee vehicles will be (ENTER LOCATION/SEE MAP).

EVENT AREA MAP

1. Please attach all maps associated with the event to the end of this document.

CITY OF TWENTYNINE PALMS

EVENT EMERGENCY ACTION PLAN

FREEDOM PLAZA

EVENT DETAILS
EVENT NAME: _______________________________________________________________________________ DATE(S) OF EVENT: __________________________________________________________________________ EVENT LOCATION(S): FREEDOM PLAZA________________________________________________________ ADDRESS OF EVENT: 73551 TWENTYNINE PALMS HIGHWAY, TWENTYNINE PALMS, CA 92277_______

ON-SITE DAY OF EVENT COORDINATOR/RESPONSIBLE PARTY

EVENT COORDINATOR
NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________

EAP EVENT REPRESENTATIVE
NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________

LAW ENFORCEMENT
ON-SITE SUPERVISOR’S NAME: ______________________________________________________________ PHONE NUMBER: ___________________________________________________________________________

EMERGENCY MEDICAL SERVICES
ON-SITE SUPERVISOR’S NAME: ______________________________________________________________ PHONE NUMBER: ___________________________________________________________________________

FIRE DEPARTMENT
ON-SITE SUPERVISOR’S NAME: ______________________________________________________________ PHONE NUMBER: ___________________________________________________________________________

CITY OF TWENTYNINE PALMS

EVENT EMERGENCY ACTION PLAN

FREEDOM PLAZA
OTHER EVENT PERSONNEL (VOLUNTEERS, SECURITY, PARKING, ETC.) NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________ NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________ NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________ NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________ NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________

CITY OF TWENTYNINE PALMS

EVENT EMERGENCY ACTION PLAN

FREEDOM PLAZA
NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________ NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________ NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________ NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________ NAME: _____________________________________________________________________________________ PHONE NUMBER: ___________________________________________________________________________ ASSIGNMENT: ______________________________________________________________________________ ASSIGNMENT LOCATION: ____________________________________________________________________

CITY OF TWENTYNINE PALMS

EVENT EMERGENCY ACTION PLAN

FREEDOM PLAZA

SAFETY CONTACT NUMBERS
EMERGENCY – DIAL 911
San Bernardino County Sheriff’s Department – Morongo Basin Station (760) 366-4175 (Non-Emergency Number)
San Bernardino County Fire Department
(760) 367-7524 (Non-Emergency Number)
Morongo Basin Ambulance
(760) 366-8474 (Non-Emergency Number)
Southern California Edison (Electric)
(800) 655-4555
(800) 611-1911 (Report Outage)
Twentynine Palms Water District (Water)
(760) 367-7546
SoCalGas Company (Gas)
(800) 427-2200
(877) 238-0092 (Gas Odor or Carbon Monoxide)
City of Twentynine Palms Community Events Coordinator
Scott Clinkscales, CFEA
(760) 367-7562 x1021
Mobile number available upon request

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Please note: To be eligible for funding consideration, it is essential that all fields in the grant application are thoroughly completed. Incomplete applications will not be considered for funding. Handwritten applications will also not be considered.

Event Organization:

Event Title:

Event Location:

Is the event location fully accessible in accordance with the Americans with Disabilities Act (ADA) standards?
Yes
No
Event Start Date and Time:

Event End Date and Time:

Is there flexibility in your event’s scheduled dates to accommodate potential conflicts with other events?
Yes
No
Maybe
Event or Applicant Social Media account handles (optional) Estimated number of total participants?
Event Information
1

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Applicant Information
Applicant Full Name:

Phone Number:

Email Address:

Physical Address:

Mailing Address:

Same as physical address
Financial Information
Estimated total event cost?
Event Grant amount requested (min. $1,000 / max. $10,000) 2

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Application Questions
Event Description: (500 words or less)
3

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Describe how this event will benefit the members of the Twentynine Palms community: (500 words or less)
4

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Describe how this event will showcase Twentynine Palms’ character, diversity, or history: (500 words or less)
5

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Provide a list of any additional funding sources you intend to utilize or have already secured for this event: (250 words or less) Describe your intended audience and how you will reach them through your marketing strategy: (250 words or less)
6

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Should your application be successful, how do you intend to utilize the City of Twentynine Palms Community Event Grant? (250 words or less) Should your event receive partial or no funding from the City of Twentynine Palms, what effect will that have on its execution? (250 words or less)
7

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
How do you intend to collect data and analyze the success of your event? (250 words or less)
Are there any potential challenges or risks associated with organizing this event, and how do you plan to address them? (250 words or less) 8

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
If this is an established event, please provide a detailed history of its success, including attendance and economic impact for at least the past two years. If this is the first time this event is hosted, submit a twoyear history of any event programming you have previously organized. (500 words or less)
9

CITY OF TWENTYNINE PALMS

COMMUNITY EVENT GRANT APPLICATION
2024-2025 Fiscal Year
Attachments
Please attach the following documents with your application in the order below. All documents are required. Once you have attached each document, check it off the list.

Event Organizer Resumé
Timeline / Gantt Chart
Budget Plan
Marketing Plan
Emergency Action Plan
Venue Agreement
Signature Agreement
Applicant agrees to hold harmless the City of Twentynine Palms, its officers, employees, representatives, and agents harmless from and against any and all damage, injury, loss, liability, cost, legal expense, fines/penalties, surcharges, and/or other expenses of any nature whatsoever arising from or related to said activity including party’s acts and/or omissions and/or the acts and/or omission of said party’s officers, employees, contractors, assignees, representatives, or agents of the event described in this document Applicant further agrees that as a condition of receiving funding from the City, Applicant will have in effect in connection with the event liability insurance coverage in the amount of at least $1 million. The coverage will name the City of Twentynine Palms, its officers, employees, representatives, and agents as Additional Insured. Applicant must provide a “Certificate of Insurance” with “Additional Insured Endorsement” to the City 30 days prior to holding the event described in this document.

Signature
Date
10 Page 166 of 296
P.O. Box 404, Joshua Tree, CA 92252 . 323-791-2986 . [email protected] . Mil-Tree.org Cheryl Montelle
Founder, Executive Director, and Producer of Programming, Mil-Tree Veteran Project Summary
Founder and Executive Director of the Mil-Tree Veteran Project, Cheryl Montelle has been dedicated to healing and bridging the divide between veterans, active military, and the broader community through arts, dialogue, and nature-based programs. Proven leader in organizing and producing diverse and impactful programming for veterans and their families.

Experience
Mil-Tree Veteran Project | Joshua Tree, CA
Founder, Executive Director, and Producer of Programming 2012 - Present
• 2012: The Beginning of Mil-Tree Veteran Project
◦ Hosted a book reading with Dr. Ed Tick, founder of Soldiers Heart and author of War and The Soul.
◦ Organized an Open Mic Night on Memorial Day hosted by Ted Quinn for veterans and active military.
◦ Coordinated a lecture on the role of the Warrior with Veteran Paul Henderson of Soldier’s Heart.
◦ Screened On the Bridge, a film about veterans featuring Jason Moon, at Furst World in Joshua Tree.
◦ Held The Soul of Community in Healing from War, a workshop led by Kate Dahlstedt, co-founder and director of Soldier’s Heart.
◦ Conducted Women Witnessing War, a Soldier’s Heart workshop for women, led by Kate Dahlstedt.
◦ Led Blowing Poetry: A hike and Poetry Workshop at Big Morongo Canyon Reserve with Kay Meads.
• 2013: Mil-Tree becomes a 501(c)(3)
◦ Presented Brian Delete at the Harrison House.

Mil-Tree’s mission is to create community between veterans, service-members and civilians through shared experiences, projects and creative expression

◦ Organized a reading and talk with Paula Caplan from her award-winning book When Johnny and Jane Come Marching Home.
◦ Hosted a fundraiser presenting the film Generation of War directed by Louise Salter featuring veteran Ted Haler and artist Johann Anderson. ◦ Conducted a Soldier’s Heart Training Weekend retreat with Ed Tick and Kate Dahlstedt at the Joshua Tree Retreat Center.
◦ Launched The Art of War project in Joshua Tree, showcasing creative collaborations between military writers and local visual artists. • 2014: Expansion of Programming
◦ Held a Songwriting Workshop for Active Military and Veterans. ◦ Organized a Rock Climbing Event led by Susan Cram of Joshua Tree Uprising Adventures.
◦ Took The Art of War project on tour to Chaffey College. • 2015: Continued Growth
◦ Led Words of War: A Writing Workshop with Leilani Squire, funded by a grant from Poets and Writers.
◦ Continued The Art of War project with new writers and artists. • 2016: New Initiatives
◦ Conducted Speak The Speech, a dramatic writing and performance workshop with acclaimed actor and director, Christian Camargo.
◦ Launched the Plant to Paper Project, a multi-layered veterans initiative involving environmental and artistic activities.
• 2017: Major Projects
◦ Developed The Sanctuary Project, creating a public gathering space using Earthbag construction and including ceramic and welding workshops. • 2018: Community Engagement
◦ Partnered with Arts Connection for Moving the Memories, a movement workshop with acclaimed Los Angeles Dance Diavolo.( Diavolo works with veterans) ◦ Produced podcasts and short films focusing on veterans’ experiences. ◦ Held a Painting Workshop with acclaimed artist Jo Bertini. • 2019: Continued Creative Programming
◦ Collaborated with Art In Public Places for Listening to the Desert: Military Musings. This was an art show from the Jo Bertini workshop. ◦ Conducted various online workshops and retreats, including Online Yoga For Warriors and The Art of Resilience Veterans Project.
• 2020 : Adapting to New Challenges
Mil-Tree’s mission is to create community between veterans, service-members and civilians through shared experiences, projects and creative expression