Twentynine Palms City Council
March 23, 2026

TWENTYNINE PALMS CITY COUNCIL

REGULAR MEETING AGENDA
6136 Adobe Road
Twentynine Palms, CA 92277
www.29palms.org
Monday, March 23, 2026
NOTICE IS HEREBY GIVEN, that the City Council will hold a Regular Meeting on Monday, March 23, 2026, at City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 to consider the following:
and further that one or more members of the City of Twentynine Palms Planning Commission may be in attendance to discuss and/or comment upon one or more of the following:
• Item number 9, E-Group Solar Project
Please note that Public Comment time for Item number 9 will be reduced to two (2) minutes per person.

REGULAR SESSION AGENDA
6:00 P.M.

CALL TO ORDER
Pledge of Allegiance.

Invocation - LeeAnn Clarke, Twentynine Palms Ministerial Association.

Roll Call.

Closed Session Announcements.

Changes to the Agenda.

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

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Presentation Recognizing Diane Olsen on Her Retirement.

2. Transportation Update by Reach Out 29.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED

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

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

4. Approval of Minutes of the City Council Meeting Held on March 10, 2026.

City Council - Regular Meeting - 10 Mar 2026 - Minutes - Pdf 5 - 8

5. Housing Element and General Plan Status Annual Reports.

RECOMMENDATION: The City Council accept the Housing Element Annual Progress Report and the General Plan Status Report and forward them to the State.

Housing Element and General Plan Status Annual Reports. - Pdf 9 - 94

6. Investment Policy.

RECOMMENDATION: The City Council review and approve the City's Investment Policy for FY 2025-26.

Investment Policy. - Pdf
95 - 99

7. Acceptance of Work for the Luckie Park ADA Improvements Project.

RECOMMENDATION: The City Council:

1. Accept the work completed by Roadway Engineering & Construction Corp as part of the above-mentioned project for a total contract cost of $96,934.00.

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

Acceptance of Work for the Luckie Park ADA Improvements Project. - Pdf 101 - 103

ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION

PUBLIC HEARINGS
*Public comment time for Item number 9 will be reduced to two (2) minutes per person*

8. Project Closeout: Elm Avenue Project Funded under the Community Development Block Grant - Coronavirus (CDBG-CV) Homekey Set-Aside.

RECOMMENDATION: Staff is recommending the following actions:

1. Hold a Public Hearing;

2. Review the results of the Elm Avenue Project funded under the Community Development Block Grant - Coronavirus (CDBG-CV) Homekey Set-Aside; and

3. Approve the closure of the project.

Project Closeout: Elm Avenue Project Funded under the Community Development Block Grant - Coronavirus (CDBG-CV) Homekey Set-Aside. - Pdf
105 - 117

9. E-Group Solar Project.

RECOMMENDATION: The City Council hold a Public Hearing, adopt four Resolutions, and conduct the first reading of four Ordinances entitled:

1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA AMENDING THE TWENTYNINE PALMS GENERAL

PLAN TO ESTABLISH THE RENEWABLE ENERGY (E) LAND USE

DESIGNATION AND REDESIGNATE CERTAIN PROPERTY FROM RURAL LIVING/LOW DENSITY RESIDENTIAL DEVELOPMENT – 5-ACRE MNINIMUM (RL-5) TORENEWABLE ENERGY (E)

2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA AMENDING THE TWENTYNINE PALMS GENERAL 119 - 1008

PLAN TO REDESIGNATE CERTAIN PROPERTY FROM RURAL LIVING/LOW DENSITY RESIDENTIAL DEVELOPMENT – 5-ACRE MNINIMUM (RL-5) TOSINGLE FAMILY RESIDENTIAL – 1 ACRE MINIMUM (RS-1).

3. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA REZONING CERTAIN PROPERTY FROM LOWDENSITY RESIDENTIAL DEVELOPMENT – 5 ACRE MINIMUM (RL-5) TO RENEWABLE ENERGY (E).

4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE

PALMS, CALIFORNIA REZONING CERTAIN PROPERTY FROM RURAL
LIVING/LOW DENSITY RESIDENTIAL DEVELOPMENT – 5-ACRE MNINIMUM (RL-5) TOSINGLE FAMILY RESIDENTIAL – 1 ACRE MINIMUM (RS-1).

5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, ADDING CHAPTER 19.23 AND CHAPTER 19.141 TO THE TWENTYNINE PALMS DEVELOPMENT CODE.

6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 23- 000009 TO AUTHORIZE THE DEVELOPMENT OF A 184-ACRE COMMERCIAL SOLAR FIELD PROJECT.

7. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT 23-000001 FOR DEVELOPMENT OF A 184-ACRE COMMERCIAL SOLAR FIELD
PROJECT.

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS CERTIFYING ENVIRONMENTAL IMPACT REPORT (SCH NO.
2024021042) AND ADOPTING A STATEMENT OF OVERRIDING
CONSIDERATIONS.

E-Group Solar Project. - Pdf
DISCUSSION AND POTENTIAL ACTION ITEMS - NONE.

FUTURE COUNCIL INITIATED ITEMS

1. Shade Structures around Freedom Plaza and a possible art fixture with “Freedom Plaza” announcing the location.

2. Discussion of a policy regulating the use of City Attorney resources.

3. Discussion on creating a “Recognized Neighborhood Program.”

4. Discussion on the new Federal holidays to coincide with the City’s holiday schedule.

5. Discussion on the use of City funds for grants and the potential reallocation of housing and homeless funds to grants.

6. Discussion to evaluate potential amendments to Chapter 11.36 in the Municipal Code concerning the retail sale of products containing Kratom and 7-hydroxymitragynine (7OH).

7. Discussion on creating guidelines for the use of City Hall meeting rooms by elected and appointed officials for official city business.

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. March 19, 2026.

Cindy Villescas CMC, City Clerk Time/Date

TWENTYNINE PALMS CITY COUNCIL
City Council - Regular Meeting MINUTES
City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277
www.29palms.org
March 10, 2026
CALL TO ORDER - Mayor Mintz called the meeting to order at 6:02 p.m.

Pledge of Allegiance - Councilmember Wright led the Pledge of Allegiance.

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

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

Changes to the Agenda - Mayor Mintz announced that a Building and Safety Update would be added under Awards, Presentations, Appointments and Proclamations.

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

AWARDS, PRESENTATIONS, APPOINTMENTS AND PROCLAMATIONS

1. Building and Safety Update by Building and Safety Inspector Cameron Hepperly.

Inspector Hepperly provided an update on Building and Safety.

2. Proclamation Recognizing March 2026 as Irish-American Heritage Month.

Mayor Mintz read the Proclamation in its entirety and presented the proclamation to Heather Drake.

3. Proclamation Recognizing March 2026 as Women's History Month.

Mayor Mintz read the Proclamation in its entirety and presented the Proclamation to Ms. Mary Kay Sherry.

COUNCIL COMMENTS AND REPORTS OF MEETINGS ATTENDED
Councilmember Bilderain wished his daughter Gena a Happy 15th Birthday. He mentioned that he attended a Finance Subcommittee meeting and meetings with constituents about solar and children's safety. He congratulated our Park and Recreation basketball All Stars who did well at the Needles Tournament.

Councilwoman Ramirez mentioned that she met with a representative from NPHS to discuss their purchase of Habit for Humanity - San Bernardino, she attended the San Bernardino County Office of Homeless Services' Housing and Homeless Summit, she met with our SCE Liaison, Inland Housing Solutions, she attended the Unity Home fundraiser, and she met with the Budget Subcommittee. She commented that she met with constituents regarding housing issues and sales tax concerns. She commented that with March being Women's History Month, she wanted to take a moment to recognize the women that are leading our homes, our community, and our government. She thanked City Manager Dr.

City Council - Regular Meeting
March 10, 2026
Stone James, Mayor Mintz, Councilmember Wright, and Councilmember Bilderain for their guidance and sharing their knowledge.

Councilmember Wright wished his sister a Happy Birthday. He mentioned that he went to the All-Star Basketball Tournament in Needles and the coaches and kids represented Twentynine Palms well, mentioning that every team we took to the tournament made it to the championship game in their division.

Mayor Pro Tem Scott mentioned that he also wanted to say that he appreciates all the women in our community. He commented that he participated in a fundraiser put on by Women of Color Global that was very well attended and it was a successful event. He commented that he met with constituents on various issues such as solar, FLOCK, and housing and homelessness.

Mayor Mintz commented that he attended an SBCTA meeting. He attended a gathering at the Historical Society where Maj. General Clingan was the guest speaker. He met with our SCE Liaison and assisted with a food giveaway with Find Food Bank, and his High School Softball team won their game that day.

CONSENT CALENDAR

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

5. Approval of Minutes of the City Council Meeting Held on February 24, 2026.

6. Approval of Warrant Register Totaling $1,319,350.36.

7. Information on the Importance of Periodic Septic System Maintenance.

RECOMMENDATION: The purpose of this agenda item is to make the public aware of the vital need to periodically inspect and maintain your septic system. Proper maintenance will help protect the City's water supply and may help residents avoid expensive repairs. The EPA recommends having a professional inspect your system at least every three years and pump out the system every three to five years. Do your part to protect our water supply!
ACTION: A motion was made by Councilmember Wright, seconded by Councilmember Bilderain, to approve the Consent Calendar as submitted.

The above motion was carried by the following:

ROLL CALL VOTE:

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

PUBLIC HEARING – None.

City Council - Regular Meeting
March 10, 2026

DISCUSSION AND POTENTIAL ACTION ITEMS

8. City Council Salary Increase.

RECOMMENDATION: The City Council bring their current monthly salary, established December 10, 2002, into alignment with the State of California standard of $950.00 per month for cities with populations less than 35,000 residents.

City Manager James presented the Staff Report and Power Point Presentation.

Mayor Mintz commented that a public comment was received via email from George Mulopulos in favor of the proposed salary increase.

Scott Curry spoke in favor of this compensation increase.

Joel Klink spoke in favor of a compensation increase.

After a brief discussion, a motion was made by Councilwoman Ramirez, seconded by Mayor Pro Tem Scott, to bring their current monthly salary, established December 10, 2002, to $825.00 per month.

The above motion was carried by the following:

ROLL CALL VOTE:

AYES: RAMIREZ, SCOTT
NOES: BILDERAIN, WRIGHT, MINTZ
ABSTAIN: NONE
ABSENT: NONE
This vote did not pass.

A second motion was made by Councilmember Wright, seconded by Mayor Mintz to increase the City Council's compensation to $700.00 per month.

The above motion was carried by the following:

ROLL CALL VOTE:

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

FUTURE COUNCIL INITIATED ITEMS

1. Shade Structures around Freedom Plaza and a possible art fixture with “Freedom Plaza” announcing the location.

2. Discussion of a policy regulating the use of City Attorney resources.

3. Discussion on creating a “Recognized Neighborhood Program.”

4. Discussion on the new Federal holidays to coincide with the City’s holiday schedule.

5. Discussion on the use of City funds for grants and the potential reallocation of housing and homeless funds to grants.

6. Discussion to evaluate potential amendments to Chapter 11.36 in the Municipal Code concerning the retail sale of products containing Kratom and 7-hydroxymitragynine (7OH).

Mayor Pro Tem Scott asked to add an item to discuss guidelines for the use of City Hall meeting rooms by elected and appointed officials for official city business. Councilmember Wright seconded the item.

City Council - Regular Meeting
March 10, 2026

PUBLIC COMMENTS
The following individual(s) addressed the City Council:
 Jeff Johnson
 Alex Garcia
 Hanah Romsburg
 Jess Drake
 Heather Drake
 Ivah Drake
 Russ Kohn
 Gina Kohn
 Scott Curry
 Lori Cosgriff
 Mary Kay Sherry
 Pauline Pisano
 Booker Harrap
 Gretchen Grunt
 Heather H.
 Elliott Balsley
 Birdie Nixon

CITY MANAGER UPDATE
City Manager James provided the following update: the Public Works Department is out repaving roads, the Senior Center is doing a remarkable job in collaboration with the 29 Palms Food Pantry to distribute food, Theatre 29's recent production of "Cinderella" is underway, the Split Rock Avenue Bridge Project is still under construction and should be complete by December 2026 and our next Community Cleanup is scheduled for Saturday, April 4, 2026 at the Luckie Park Activity Center (LPAC) from 7:00 a.m. to Noon.

Mayor Pro Tem Scott asked about a FLOCK presentation that was previously discussed. City Manager James replied that he would look into this.

ADJOURNMENT - Mayor Mintz adjourned the meeting at 7:31 p.m. to the next regularly scheduled meeting on Monday, March 23, 2026.

Respectfully submitted,
Cindy Villescas, CMC
City Clerk

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Mar 23 2026
SUBJECT: Housing Element and General Plan Status Annual Reports.

RECOMMENDATION:

The City Council accept the Housing Element Annual Progress Report and the General Plan Status Report and forward them to the State.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Question of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• City of Twentynine Palms -
2025 General Plan APR
• Twentynine Palms Housing
Report 2025
• Twentynine Palms 2025
Housing Element Annual
Progress Report
• 2026 General Plan Report –
Contact List
• General Plan Summary of
Goals
• Engineering Projects 29 Palms
2025
• Public Works CIP 2026
• Twentynine Palms Water
District CIP List 2026

• MUSD CIP 2026
BACKGROUND:

Pursuant to State Government Code Section 65400, an annual progress report on the progress towards meeting the goals of the adopted Housing Element is required. This annual report was presented to the City Planning Commission on March 17, 2026, and was reviewed and accepted as submitted. This annual report, once approved the City Council, will ultimately be submitted to the State Office of Planning Research and the California Department of Housing and Community Development.

This report is meant to give detailed information regarding building permit activity. This includes both planning and building permit applications for housing developments, the type of housing, and the expected income of the future residents.

The attachment to this report is the form provided by the State Department of Housing and Community Development and is standard throughout the State. This report shows the City's progress in meeting the goals set by the State for the Regional Housing Needs Assessment (RHNA).

According to the analysis in the form provided by the State, we have 18 residential units in process at this time in both the Planning and Building Department application stage. A total of 57 residential units were applied for last year, with 5 of those constructed. A total of 889 more residential units are needed to be constructed by 2029 in order for the City to meet the RHNA goals (1,047).

Along with the Housing Element Annual Progress Report the City is also in the process of reviewing and filing the General Plan Status Report.

Pursuant to Section 19.04.060 of the Development Code and State Government Code Section 65400, an annual report on the status of the General Plan is required. This annual report, once approved by the Planning Commission and the City Council, will be submitted to the State Office of Planning Research and the California Department of Housing and Community Development.

This report is meant to outline each element of the General Plan, when each element was adopted, the last time each was amended, and any anticipated upcoming amendments. Additionally, any new policies for implementation of the General Plan need to be identified.

The attachment to this report is a spreadsheet outlining the information as clearly as possible.

Also attached are the updated General Plan Goals, including the goals from the Housing Element, as well as the goals from the Downtown Specific Plan.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

Not applicable
FISCAL IMPACT:

None.

City of Twentynine Palms
General Plan APR 2025

ELEMENT

YEAR OF LAST

MAJOR UPDATE YEAR LAST AMENDED

PROJECTED MAJOR

UPDATE YEAR

POLICIES ADOPTED
IN 2025
Land Use 2012 2025 2028 Addition of Open
Space Conservation
Land use
Circulation 2012 2012 2028
Housing 2012 2022 2030
Conservation 2012 2012 2028
Open Space 2012 2012 2028
Noise 2012 2012 2028
Safety 2012 2022 2028
Air Quality 2012 2012 2028
Equity & Social Justice 2023 2023 2028
Top Planning Priority:

Affordable Housing

Jurisdiction Twentynine Palms
Reporting Year 2025
Housing Element Planning Period 6th Cycle
Current Year
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 0
Deed
Restricted 0
Non-Deed
Restricted 57
0 57
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 6 31 4
2 to 4 units per structure 12 16 0
5+ units per structure 0 5 0
Accessory Dwelling Unit 0 5 1
Mobile/Manufactured Home 0 0 0
Total 18 57 5
Infill Housing Developments and Infill Units Permitted # of Projects Units 42 57
0 0
(Jan. 1 - Dec. 31)
10/15/2021 - 10/15/2029
Very Low
Low
Moderate
Acutely Low
Extremely Low
Total Units
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level

51 79
79 0
0 Number of SB 423 Streamlining Applications Approved 0 Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Housing Applications Summary
Use of SB 423 Streamlining Provisions - Applications
Number of SB 423 Streamlining Applications

Income Rental Ownership Total
Acutely Low 0 0 0
Extremely Low 0 0 0
Very Low 0 0 0
Low 0 0 0
Moderate 0 0 0
Above Moderate 0 0 0
Total 0 0 0
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 423 (2023) 0 0
Ministerial and Discretionary Applications # of Units
Ministerial 51 79
Discretionary 0 0
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 0
Number of Units in Projects Permitted with a Density Bonus 0 Housing Element Programs Implemented and Sites Rezoned Count 19 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA
Units Constructed - SB 423 Streamlining Permits

Jurisdiction Twentynine Palms ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2025 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 10/15/2021 - 10/15/2029
1 Projection
Period 3 4
RHNA Allocation
by Income Level
Projection
Period -
06/30/2021-
10/14/2021
2021 2022 2023 2024 2025 2026 2027 2028 2029
Total Units
to Date (all
years)
Total Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - - - - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted - - - 18 4 - - - - -
Deed Restricted - - - - - - - - - -
Non-Deed Restricted 3 3 25 9 39 57 - - - -
Above Moderate 504 - - - - - - - - - - - 504
1,047
3 3 25 27 43 57 - - - - 158 889
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].

Acutely Low - -
*For years prior to 2025, data on deed-restricted vs. non-deed restricted Extremely Low-Income units is approximated from whether the projects reported any deed-restricted Very Low-Income Units. If you wish to edit this historical data for accuracy or have any questions about the data, you may login to HCD's online APR system, or contact HCD staff at [email protected].

Total Units
*For jurisdictions that received RHNA determinations for the current cycle prior to the passage of AB 3093 (September 19, 2024):
- You were not allocated Acutely Low-Income and Extremely Low-Income RHNA targets, therefore the allocations in Field 1 are listed as "0" - If you wish to set your own targets in these income categories for informational purposes, contact HCD staff at [email protected]. - All Acutely Low-Income and Extremely Low-Income units reported during the cycle are counted towards Very-Low Income RHNA progress 49 Total RHNA
-
105 Low
*For years prior to 2025, Acutely Low-Income units are reported within the Extremely Low-Income category Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Extremely Low -
136 Moderate
231
127
185
22 -
Income Level
Very Low
- -
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.

Please contact HCD if your data is different than the material supplied here 2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
231

General Plan Report – Contact List
City of Twentynine Palms
Engineering Department
Richard Pedersen, City Engineer – [email protected] Parks and Recreation Department
Haywood Adams, Recreation Division Manager – [email protected] Public Works Department
Craig Stacey, Public Works Superintendent - [email protected] IT/Recycling
Elijah Marshall, Information Services Director- [email protected] Twentynine Palms Water District
72401 Hatch Rd,
Twentynine Palms, CA 92277
Tel: (760) 367-7546
General Manager Matthew (Matt) Shragge
[email protected]
Morongo Unified School District
PO Box 1209
Twentynine Palms, California 92277
Tel: (760) 367-9191
Director of Maintenance & Operations Mike Ogdahl
[email protected]
29 Palms Public Cemetery
5350 Encelia Dr,
Twentynine Palms, CA 92277
Tel: (760) 367-9316
District General Manager Emily Helm
[email protected]
Twentynine Palms Library
6078 Adobe Rd,
Twentynine Palms, CA 92277
Tel: (760) 366-1440
Regional Branch Manager Leslie Pepe
[email protected]

Twentynine Palms Fire Department
Fire Station #43
6560 Adobe Road,
Twentynine Palms, CA 92277
Tel: (760) 367-7524
Assistant Chief William Villarino
[email protected]
San Bernardino County Sheriffs
Morongo Basin Patrol Station
63665 29 Palms Hwy
Joshua Tree, California 92252
Tel: (760)366-4175
Captain Steve Scovel
[email protected]

SUMMARY OF GOALS

TABLE OF CONTENTS
City of Twentynine Palms General Plan 2012 XXI

SUMMARY OF GOALS AND IMPLEMENTATION POLICIES
Land Use Element Goals and Implementation Policies........................................ XXIII Circulation Element Goals and Implementation Policies...................................XXXIX Housing Element Goals and Implementation Policies...........................................XLIX Safety Element Goals and Implementation Policies .................................................. LV Conservation and Open Space Element Goals and Implementation Policies.... LXVII Noise Element Goals and Implementation Policies.............................................LXXXI Recreation Element Goals and Implementation Policies ................................LXXXIII

SUMMARY OF GOALS
XXII City of Twentynine Palms General Plan 2012
This page intentionally left blank

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXIII

LAND USE ELEMENT

GOALS AND IMPLEMENTATION POLICIES
Land Use Map and Land Use Distribution
Goal LU-1 Encourage orderly growth and development as
envisioned by community residents.

Implementation
Policy LU-1.1
Build-out of the City, as planned and envisioned by the General Plan, shall be guided by the Land Use Map. Density of residential land uses shall be calculated on the basis on gross acreage. For the purposes of residential density calculations, the lot area shall include easements and dedications for public rights-of-way, such as streets, roads, alleys, sidewalks, trails, and flood control channels. Typically this would include the area to the centerline of the dedication or easement, if it is split between two parcels, unless the easement or dedication is contained within one property, or is demonstrated to be otherwise split between parcels.

Implementation
Policy LU-1.2 The Land Use Map shall serve as the City’s official Zoning Map.

Implementation
Policy LU-1.3
The City shall strongly adhere to the adopted Land Use Map by discouraging General Plan Amendments to the Land Use Map, except as required by law.

Implementation
Policy LU-1.4
General Plan Amendment (GPA) applications shall be
accompanied by a development proposal, as stand-alone GPA’s shall be denied.

SUMMARY OF GOALS
XXIV City of Twentynine Palms General Plan 2012
Implementation
Policy LU-1.5
General Plan Amendments shall only be approved if they can demonstrate that the proposed amendment will not adversely impact the existing community and the amendment will help achieve the vision and goals established by the General Plan.

Implementation
Policy LU-1.6
A General Plan Amendment dealing with a change in land use designation shall ensure the gross area included in the proposed change complies with the minimum district requirements shown in Table LU-5. Changes which propose to increase or decrease the size of existing, established Land Use Districts may be approved provided that the resulting Land Use Districts are not smaller than the Minimum Contiguous Land Area specified in the General Plan.

Implementation
Policy LU-1.7
“Spot zoning” shall be prohibited and all land use requests shall meet the minimum contiguous land area specified in Table LU-5.

Implementation
Policy LU-1.8
Following the adoption of a General Plan Amendment, the Land Use Map shall be updated to ensure that it accurately reflects the City’s land use policy.

Implementation
Policy LU-1.9
Existing legal non-conforming uses may be continued as permitted by the City’s Development Code.

Implementation
Policy LU-1.10
The City’s Development Code, composed of the Zoning and Subdivision Ordinances, shall be consistent with the General Plan.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXV
Density and Intensity
Goal LU-2
Protect existing neighborhoods and the area’s
natural surroundings by encouraging
development that is compatible with the City’s
small-town character.

Implementation
Policy LU-2.1
Development shall be consistent with underlying land use densities and intensities.

Implementation
Policy LU-2.2
Land Use applications requesting higher or lower
densities/intensities than permitted by the underlying land use designation shall be required to process a General Plan Amendment as outlined by the “Land Use Map and Land
Use Distribution Section” of the General Plan and the
City’s Development Code.

Implementation
Policy LU-2.3
Require that new development be sensitive to
neighborhood context and development scale.

Implementation
Policy LU-2.4
Discourage development extremes, such as, but not limited to, the construction of multi-story buildings immediately adjacent to single-family residences.

SUMMARY OF GOALS
XXVI City of Twentynine Palms General Plan 2012
Land Use Designations
Goal LU-3
Promote a high quality of life by encouraging
attractive high quality development that is
compatible with existing uses and the City’s
desert environment.

Implementation
Policy LU-3.1
Encourage high quality attractive residential
neighborhoods, economically viable and attractive
commercial and industrial areas, and high-quality public uses.

Implementation
Policy LU-3.2
Encourage residential development that enhances the visual character, quality and uniqueness of the City’s desert
environment.

Implementation
Policy LU-3.3
Provide opportunities for a variety of residential densities to accommodate rural and suburban lifestyles, and housing types for all economic and demographic segments of the
City's population, with convenient access to public
facilities, employment and shopping.

Implementation
Policy LU-3.4
Require adequate maintenance and rehabilitation of the
existing housing stock through code enforcement and
financial assistance for home rehabilitation, as well as informing the public of any available assistance programs.

Implementation
Policy LU-3.5
Ensure that the provision of housing is consistent with the goals and policies contained in the Housing Element.

Implementation
Policy LU-3.6
Require that developers of housing consider and quantify the effects of new residential developments on local
schools prior to development approval.

Implementation
Policy LU-3.7
Encourage cooperation between the City and the Morongo
Unified School District regarding the expansion of existing and location of proposed school facilities.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXVII
Implementation
Policy LU-3.8
The City of Twentynine Palms shall work with the San
Bernardino County Library System to ensure that library services adequately meet the needs of the planning area, cooperating with the County on grants and encouraging
provision of needed services.

Implementation
Policy LU-3.9
Encourage public and quasi-public uses that provide
community-wide benefits vital to the City and that meet the needs of Twentynine Palms residents.

Implementation
Policy LU-3.10
Encourage the construction of schools, parks and
recreational facilities near residential areas.

Implementation
Policy LU-3.11
Preserve, protect and maintain open space, parks and
recreation facilities as desirable land uses, recognizing that such uses contribute to the high quality of life in
Twentynine Palms.

Implementation
Policy LU-3.12
Encourage economically successful commercial and
industrial centers that are functional, safe, attractive and convenient to users, and which will strengthen the local economy.

Implementation
Policy LU-3.13
Encourage the transition of incompatible, ineffective and/or undesirable land uses to attractive land uses that will provide high quality residential, commercial or industrial developments.

Implementation
Policy LU-3.14
Allow the creation and implementation of Specific Plans for areas of community concern/special interest to better guide development of these properties.

Implementation
Policy LU-3.15
Properties located within Specific Plans shall be developed per the adopted Specific Plan documents.

Implementation
Policy LU-3.16
Protect the desert night sky by requiring that private
lighting be installed in a manner that perpetuates the view of the stars in the evening, such as shielding outdoor
lighting to protect adjacent and nearby residential districts and public rights-of-way.

SUMMARY OF GOALS
XXVIII City of Twentynine Palms General Plan 2012
Implementation
Policy LU-3.17
Develop a clear and specific set of architectural and
landscape standards and guidelines. The
standards/guidelines should address architectural themes, site development, drought tolerant landscaping, desert
friendly irrigation systems for commercial, industrial, and residential developments and State requirements for water efficient landscapes.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXIX
Goal LU-4
Adequately address the potential impacts of new
development on the existing community and the
City’s infrastructure system.

Implementation
Policy LU-4.1
Consider and address the potential impacts of new
development on surrounding properties.

Implementation
Policy LU-4.2
Require that development proposed adjacent to the Joshua Tree National Park and Marine Base be consistent in context and character to these two (2) resources.

Implementation
Policy LU-4.3
Maintain parking requirements that adequately meet the
needs of commercial and industrial land uses, and protect adjacent residential neighborhoods from overflow parking encroachment.

Implementation
Policy LU-4.4
Commercial and industrial uses proposed within a Specific Plan shall adequately buffer existing or planned residential uses, both within and outside the Specific Plan.

Implementation
Policy LU-4.5
All proposed projects are subject to the California
Environmental Quality Act (CEQA) and shall adequately
address and meet CEQA requirements.

Implementation
Policy LU-4.6
Encourage development that complements the circulation
and infrastructure network, meets the circulation demand of residents and businesses, and provides opportunities for non-automobile circulation.

Implementation
Policy LU-4.7
City codes, including building and safety, zoning and land use regulations, and property maintenance codes, shall be strictly enforced to maintain safe, high-quality residential neighborhoods and commercial/industrial developments.

Implementation
Policy LU-4.8
Incorporate consideration of alternative development
standards (parking, lot coverage, road standards, etc.) to the Development Code for non-residential zones to encourage economic development in the City.

SUMMARY OF GOALS
XXX City of Twentynine Palms General Plan 2012
General Plan Overlays
Goal LU-5
Preserve Twentynine Palms natural resources and
protect the public health, safety and general
welfare of City residents in areas adjacent to
potentially hazardous natural and man-made
features and facilities.

Implementation
Policy LU-5.1
Development standards for the General Plan Overlays shall be established to protect the area’s natural resources and better protect the public’s health, safety and general
welfare.

Implementation
Policy LU-5.2
In the event that the overlay standards differ from those of the underlying land use designation, the more restrictive standards shall apply.

Implementation
Policy LU-5.3
Development within the General Plan Overlays shall be
environmentally sensitive, minimize adverse environmental impacts, and enhance existing natural resources.

Implementation
Policy LU-5.4
Clustering shall be permitted for properties – and may be required for some properties located within the General Plan Overlays to provide for the protection and
preservation of open space, scenic, biological and natural resources in perpetuity.

Implementation
Policy LU-5.5
Development within the General Plan Overlays shall adhere to the safety standards established for the overlays as outlined in the Safety Element and described more in detail in the City’s Development Code.

Implementation
Policy LU-5.6
The Municipal Code shall provide enforcement
mechanisms relating to off-highway vehicle uses within the General Plan Overlay Overlays.

Implementation
Policy LU-5.7
The Municipal Code shall provide enforcement
mechanisms relating to enforcement of illegal dumping
within the General Plan Overlay Overlays.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXXI
General Plan Build-Out (Population Growth)
Goal LU-6
Promote development of a well-balanced
community that can adequately meet the needs of
future residents and promotes economic
development.

Implementation
Policy LU-6.1
Promote orderly growth and development through smart
growth and planning principles.

Implementation
Policy LU-6.2
Require that new development protect the City’s natural resources by implementing sustainable design principles, including, but not limited to, California’s Green Building Code standards.

Implementation
Policy LU-6.3
New development shall be required to pay for its fair share of infrastructure needs and services to avoid burdening existing residents.

Implementation
Policy LU-6.4
Continuously monitor growth and development to ensure
that the City’s population is being adequately served and that the City’s infrastructure is not being overburdened.

Implementation
Policy LU-6.5
Encourage development that creates employment
opportunities in the City.

SUMMARY OF GOALS
XXXII City of Twentynine Palms General Plan 2012
Sustainability
Goal LU-7
Protect and preserve Twentynine Palms natural
resources, promote the existing quality of life and
prepare for future residents and businesses by
promoting superior sustainable development.

Implementation
Policy LU-7.1
New development shall be designed in a manner that sound land use, transportation and economic development policies are implemented.

Implementation
Policy LU-7.2
Development shall be sustainable in its use of land and shall limit impacts to natural resources, energy, and air and water quality.

Implementation
Policy LU-7.3
Encourage a mix of retail, service, industrial,
manufacturing and professional uses that create diverse, well-paying employment opportunities.

Implementation
Policy LU-7.4
Discourage development in the hillsides or other areas
where such development would require significant
infrastructure investment adversely impacting natural
resources and/or creating adverse visual impacts.

Implementation
Policy LU-7.5
Allow clustering of residential development in sensitive areas of the City to protect and preserve the area’s natural resources for future generations.

Implementation
Policy LU-7.6
Encourage the use of development design and amenities
that support transit and other alternative forms of
transportation, including bicycling and walking.

Implementation
Policy LU-7.7
Encourage development that incorporates green building
practices and smart growth principles to conserve natural resources as part of sustainable development practices, including the reuse of previously developed properties that have fallen into disrepair.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXXIII
Implementation
Policy LU-7.8
Encourage sustainable building practices that go beyond the requirements of Title 24 of the California Administrative Code through energy-efficient design.

Implementation
Policy LU-7.9
Update the City’s Master Plan of Drainage and incorporate Low Impact Development (LID) standards that address
land development and storm water management.

SUMMARY OF GOALS
XXXIV City of Twentynine Palms General Plan 2012
Waste Facilities
Goal LU-8
Maintain Twentynine Palms as a clean and healthy
place to live, while protecting the City’s
groundwater supply.

Implementation
Policy LU-8.1
Work with the Twentynine Palms Water District in the
monitoring of the City’s groundwater supply and develop policies and standards as deemed necessary to protect the City’s groundwater.

Implementation
Policy LU-8.2
Develop standards for the construction of private wastewater disposal systems that address groundwater quality.

Implementation
Policy LU-8.3
New development shall adequately address wastewater and solid waste disposal.

Implementation
Policy LU-8.4
The City will continue the existing practice of allowing wastewater package treatment plants to serve commercial development and residential development greater than ten dwelling units. However, the City will consider standards for construction and operation of wastewater package
treatment plants. The City will also consider planning for the construction and operation of a centralized wastewater treatment plant to serve the Downtown area, including cost and funding options, to provide more efficient treatment of waste water than individual septic systems and package
treatment plants.

Implementation
Policy LU-8.5
Adequately size any proposed centralized wastewater
treatment plant to allow for the expansion of the collection system to serve other new development which exceeds the thresholds for septic systems.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXXV
Implementation
Policy LU-8.6
Continue to work with the County of San Bernardino and
the City’s solid waste service purveyor to ensure that waste is adequately collected throughout the City.

SUMMARY OF GOALS
XXXVI City of Twentynine Palms General Plan 2012
Airports
Goal LU-9 Protect the health and safety of residents living in the vicinity of airports.

Implementation
Policy LU-9.1
Land use applications within airport influence areas shall be consistent with the Twentynine Palms Municipal Airport
Comprehensive Land Use Plan.

Implementation
Policy LU-9.2
Work with the San Bernardino County Land Use Services
Department to determine adequate allowable uses and
development densities/intensities within a two (2) mile radius of the Twentynine Palms Municipal Airport.

Implementation
Policy LU-9.3
If properties located within the Twentynine Palms Municipal Airport Land Use Plan are incorporated to the City, ensure that the land use designations and development densities/intensities for these properties are consistent with the adopted Airport Land Use Plan at time of incorporation.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXXVII
Redevelopment and Economic Development
Goal LU-10
Promote a high quality of life for Twentynine Palms
residents by developing and sustaining a strong and
diverse local economy.

Implementation
Policy LU-10.1
Encourage land use decisions that are fiscally responsible and positively affect the City's economic health by creating jobs, generating tax revenue and involving private capital investment.

Implementation
Policy LU-10.2
Develop a fast track program to streamline the development of commercial and industrial projects that propose substantial retail and employment opportunities in the City.

Implementation
Policy LU-10.3
Facilitate tourist oriented development adjacent to the Joshua Tree National Park and Marine Base by expediting the
entitlement review process. Development must be consistent with the character of these amenities and further the economic development goals of the community.

Implementation
Policy LU-10.4
Work with local businesses to promote the City as a world class tourist destination by showcasing the City’s relationship with the Joshua Tree National Park as well as other City amenities, including the Oasis of Mara (historical site), murals, clean air, night sky, sunny and warm winter weather, peaceful getaway, and the variety of lodging facilities located in the City.

Implementation
Policy LU-10.5
Promote Twentynine Palms as an artist’s destination by
expanding the City’s public arts program.

SUMMARY OF GOALS
XXXVIII City of Twentynine Palms General Plan 2012
Implementation
Policy LU-10.6
Require the equitable sharing of the full fair-share cost of public improvements between the public and private sector.

Implementation
Policy LU-10.7
Work with the business community to generate innovative ideas and strategies that will ensure the City's continued economic viability.

Implementation
Policy LU-10.8
Maintain a strong economic base by targeting and attracting new uses that provide high quality development and meet important economic goals such as employment and revenue generation.

Implementation
Policy LU-10.9
Encourage the expansion and attraction of small and medium sized businesses with growth potential.

Implementation
Policy LU-10.10
Develop a business creation, attraction, retention and expansion program to further the community’s economic development goals and showcase the great opportunities the City has to offer to potential businesses.

Implementation
Policy LU-10.11
Utilize redevelopment programs to further economic
development efforts in the City, including the prioritization of projects that would provide the greatest benefit to the Community as a whole.

Implementation
Policy LU-10.12
Promote development in Downtown Twentynine Palms
according to the City’s Downtown Specific Plan.

Implementation
Policy LU-10.13
Review the boundaries of the Redevelopment Project Area to determine whether they should be expanded to allow
redevelopment efforts in other commercial areas of the City.

Implementation
Policy LU-10.14
Continue existing commercial building rehabilitation programs and expand these programs to include business relocation assistance.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XXXIX

CIRCULATION ELEMENT

GOALS AND IMPLEMENTATION POLICIES
Street Circulation and Parking
Goal CI-1
A circulation network that safely and efficiently
moves people and goods to and through the
City.

Implementation
Policy CI-1.1
Require all new streets to be designed and constructed to maintain a Level of Service C or better.

Implementation
Policy CI-1.2
Ensure development of streets which comply with the
adopted Congestion Management Plan for San
Bernardino County.

Implementation
Policy CI-1.3 Develop alternate transportation routes where possible.

Implementation
Policy CI-1.4
Require City Encroachment Permits and inspections to
ensure all infrastructure improvements or modifications to City owned rights-of-way be constructed to
appropriate standards.

Implementation
Policy CI-1.5
Coordinate with Caltrans to ensure that adequate traffic safety improvements are implemented. Such
improvements may include pedestrian crossings through
key areas, particularly the Downtown area, speed limit
reductions, and highway shoulder and median
improvements to enhance vehicular safety.

Implementation
Policy CI-1.6
Prioritize study area analyses to be performed and for
improvements to be constructed consistent with current
and anticipated traffic volumes and level of service.

SUMMARY OF GOALS
XL City of Twentynine Palms General Plan 2012
Implementation
Policy CI-1.7
Post signage for Truck Routes and Military Convoy
Routes to increase utilization and avoid conflicts between automobile trips and the movement of products.

Implementation
Policy CI-1.8
Develop and improve Two Mile Road as an alternate
east-west route.

Implementation
Policy CI-1.9
Complete design and secure right-of-way for the
realignment of Amboy Road, as a future bypass route.

Implementation
Policy CI-1.10
 Based on the traffic study prepared for the General
Plan, provide for the construction of traffic signals as warranted.

Construction of traffic signals shall be performed via
collection of Development Impact Fees or direct
construction by developments whose impacts to a
particular intersection would be deemed significant.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XLI
Implementation
Policy CI-1.11
Construct street lane and intersection improvements to
the standards as recommended by the traffic study
prepared for the General Plan unless otherwise revised
and approved by the City when new projects are
constructed or existing uses are intensified.

Implementation
Policy CI-1.12
Cooperate and coordinate with state, county and other
local jurisdictions in the planning and construction of regional transportation infrastructure.

Implementation
Policy CI-1.13
When approving new and intensified projects, limit
access along Twentynine Palms Highway in a manner
which maximizes the use of existing and planned
signalized intersections.

Implementation
Policy CI-1.14
Cooperate with the Joshua Tree National Park in the
maintenance and enhancement of Canyon Road, south of
Cottonwood Drive, leading to Fortynine Palms Canyon.

Implementation
Policy CI-1.15
Cooperate with the Marine Base on the utilization and
maintenance of military convoy routes.

Implementation
Policy CI-1.16
Encourage new development within the City’s central
core to minimize circulation deficiencies and to utilize existing and new transportation facilities more
efficiently.

Implementation
Policy CI-1.17
Coordinate with CalTrans and other appropriate agencies for the establishment of emergency evacuation routes and plans to preserve or reestablish the use of State Highway 62, Two Mile Road, Sunrise Avenue, Morongo Road,
Mesquite Street, Adobe Road, and Utah Trail as
emergency evacuation routes.

Implementation
Policy CI-1.18
Consult with CalTrans, Federal Highway Administration,
and FEMA regarding funding assistance for the
construction, repair, and/or upgrading of bridges,
floodway crossings, cut slopes, and other drainage
structures to minimize the potential of isolation of the City from ground-based assistance.

SUMMARY OF GOALS
XLII City of Twentynine Palms General Plan 2012
Implementation
Policy CI-1.19
Sustain the primary function of mobility for the
circulation plan while fostering economic development,
preserving the environment, reducing energy
consumption, promoting transportation-friendly
development patterns, and encouraging fair and equitable access to all citizens.

Goal CI-2
A circulation system that is designed to
accommodate visitors and enhances and
promotes recreational opportunities.

Implementation
Policy CI-2.1
Protect Scenic Highway corridors in accordance with
standards established in the Circulation Plan.

Implementation
Policy CI-2.2
Develop and install directional signage to direct visitors to key facilities in the community.

Implementation
Policy CI-2.3
Construct pedestrian facilities near school sites, along major transportation corridors, in the downtown area, and along open space corridors.

Implementation
Policy CI-2.4
Enhance transportation corridors and community entry
points to improve community image and identification.

Implementation
Policy CI-2.5
Develop bicycle systems to enhance tourism and
recreation opportunities.

Goal CI-3 Quality Local Streets to serve all citizens and visitors.

Implementation
Policy CI-3.1
Restrict cul-de-sac or dead-end streets only to those areas where minimal traffic is anticipated.

Implementation
Policy CI-3.2
Construct streets pursuant to the standards established in the Circulation Plan.

Implementation
Policy CI-3.3
Provide appropriate assistance to citizens seeking to form street improvement assessment district.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XLIII
Implementation
Policy CI-3.4
Develop and implement an alternative reduced
improvement standard for Local Rural Streets in lowdensity residential areas.

Implementation
Policy CI-3.5
Require streets utilized by commercial or industrial uses to provide the turning radius needed by trucks and other large vehicles serving such areas.

Goal CI-4 Parking facilities adequate to meet the needs of residents and visitors.

Implementation
Policy CI-4.1
Require on-site parking per established standards for new development and projects which intensify uses and/or
increase traffic generation.

Implementation
Policy CI-4.2
Make funding programs available, through the City’s
Redevelopment Agency, to assist in the development of
public parking in conjunction with new or expanded
projects.

Goal CI-5
Adequate flood control crossings to allow for
regular traffic circulation during and following
severe storm events.

Implementation
Policy CI-5.1
Consider all existing physical hazards when designing,
constructing and maintaining the City’s streets to provide for emergency services access and adequate traffic
circulation during potential natural disasters and severe storm events.

Implementation
Policy CI-5.2
Prioritize street realignments and additional all weather access improvements to improve traffic circulation during severe storm events.

Implementation
Policy CI-5.3
Coordinate with the San Bernardino Flood Control
Department on the planning, design, and construction of additional improved flood control channels and the
construction of street culverts.

SUMMARY OF GOALS
XLIV City of Twentynine Palms General Plan 2012
Alternative Transportation
Goal CI-6
A public transportation system that provides
effective transportation alternatives to the
automobile.

Implementation
Policy CI-6.1
Cooperate with the Morongo Basin Transit Authority
during the development review process to support the
development of mass transit facilities.

Implementation
Policy CI-6.2
Ensure that all residents and businesses have ready
access to reliable and convenient public transit services.

Implementation
Policy CI-6.3
Continue to participate with the Morongo Basin Transit
Authority to provide public transit for both the general public as well a special needs groups such as the elderly and handicapped residents.

Implementation
Policy CI-6.4
Encourage ride sharing for commuter purposes, through
establishment and maintenance of park and ride
facilities.

Implementation
Policy CI-6.5
Require developers to incorporate facilities for transit and other alternative modes of transportation, such as
park-and-ride lots, bus terminals, and bus turnouts in the design of major developments, where appropriate.

Implementation
Policy CI-6.6
Enhance and encourage the provision of attractive and
appropriate transit amenities, including shaded bus
stops, to facilitate use of public transportation
Implementation
Policy CI-6.7
Coordinate with the Morongo Basin Transit Authority in
the planning and funding to make new updates to bus
technology, to increase greater ease of use of public
transit.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XLV
Goal CI-7
A public transportation system that provides
effective transportation alternatives to the
automobile.

Implementation
Policy CI-7.1
Implement the goals, implementation policies and plans
as detailed in the Recreation Element for a
comprehensive system of trails to provide viable
alternatives to automobiles

SUMMARY OF GOALS
XLVI City of Twentynine Palms General Plan 2012
Scenic Corridors
Goal CI-8 Optimized viewsheds along designated
Scenic Corridors.

Implementation
Policy CI-8.1
Establish and enforce the Scenic Vistas or Scenic
Highways (PR-S) overlay within the City’s
Development Code on all designated scenic corridors.

Implementation
Policy CI-8.2
Seek opportunities to improve street or parkway
design of scenic corridors that enhances the scenic
resources.

Implementation
Policy CI-8.3
Seek opportunities to create public open space areas
with scenic vistas that all can enjoy.

Implementation
Policy CI-8.4
Coordinate with Southern California Edison and other
utilities to underground utility lines in new
developments and to systematically replace overhead
lines with underground facilities where possible, with
a priority placed along major streets and the
downtown area

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XLVII
Aviation
Goal CI-9 Long term sustainability of the City’s and
surrounding area’s airports.

Implementation
Policy CI-9.1
Ensure compatible development adjacent to and near
public and private airports and Marine Base Special
Use Airspace.

Implementation
Policy CI-9.2
Consult with the San Bernardino County Planning
Division on any project proposed within the airport
influence area of Twentynine Palms airport.

Implementation
Policy CI-9.3
Address the noise and safety impacts of any existing
public or private airport on any proposed development.

Implementation
Policy CI-9.4
Ensure that any proposed expansion of any existing
public or private airport meets all applicable noise and safety standards of the City, County of San Bernardino
and FAA. Consult with the County of San Bernardino
Planning Division on their review of any new or
expansion of existing airports within the City’s Sphereof-Influence.

Implementation
Policy CI-9.5
Encourage the expansion of facilities available at the
Twentynine Palms Municipal Airport to increase use of
the airport for recreation/tourism purposes to visit the City, Joshua Tree National Park or other nearby
attractions.

SUMMARY OF GOALS
XLVIII City of Twentynine Palms General Plan 2012
This page intentionally left blank

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 XLIX

HOUSING ELEMENT

GOALS AND IMPLEMENTATION POLICIES
Maintain and Preserve the Existing Housing Stock
Goal: HS-1 Preserve and improve the conditions of the City’s established housing stock.

Implementation
Policy: HS-1.1
Continue programs directed at addressing blight in residential neighborhoods and preserving the physical quality of housing and neighborhood environments.

Implementation
Policy: HS-1.2
Continue to provide proactive code enforcement activities to maintain and improve housing and neighborhood qualities.

Implementation
Policy: HS-1.3
Promote increased awareness among property owners and residents of the importance of property maintenance.

Implementation
Policy: HS-1.4
Monitor affordable housing developments within the City, and work to preserve existing affordable housing in the City that is considered at risk of converting to market-level rents.

Implementation
Policy: HS-1.5
Protect mobile home parks as an affordable housing resource by encouraging decent living environments at mobile home parks through continued compliance with local and State laws.

SUMMARY OF GOALS
L City of Twentynine Palms General Plan 2012
Assist in the Development of Housing
Goal: HS-2
Promote and encourage housing development that
adequately meets the needs of all socioeconomic
segments of the community.

Implementation
Policy: HS-2.1
Utilize the Land Use Element, Development Code and other land use controls to provide housing sites that can facilitate and encourage the development of a variety of housing consistent with the City’s identified local needs and its regional housing responsibilities.

Implementation
Policy: HS-2.2
Ensure that the location, timing and intensity of residential development will maintain and enhance the quality of life for the people of Twentynine Palms, and provide family oriented housing in a wide range of sizes and costs in order to promote and retain the community’s hometown character and desert environment.

Implementation
Policy: HS-2.3
Encourage development of high quality multiple-family
developments where they are compatible with adjacent land uses and provide appropriate open and common spaces.

Implementation
Policy: HS-2.4
Press for quality housing development and quality residential communities with enhanced services for both civilian and military residents.

Implementation
Policy: HS-2.5
Leverage resources and cooperation and maintain open
communication between the City, the Marine Corps Base and private developers to ensure future development benefits the residents, City and Marine Base.

Implementation
Policy: HS-2.6
Address the housing needs of special populations and
extremely low income households.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LI
Implementation
Policy: HS-2.7
Provide adequate sites for the development of new housing through appropriate land use and zoning designations to accommodate the City’s share of regional housing needs.

Implementation
Policy: HS-2.8
Facilitate development of affordable housing through use of financial and/or regulatory incentives.

Implementation
Policy: HS-2.9
Assist residential developers in identifying and preparing land suitable for residential development.

Implementation
Policy: HS-2.10
Pursue programs and funding sources designed to maintain and improve the affordability of existing housing units and for the construction of new housing to very low-, low- and moderateincome households.

Implementation
Policy: HS-2.11
Encourage collaborative partnerships to maximize resources available for the provision of housing affordable to lowerincome households.

Implementation
Policy: HS-2.12
Continue to participate in State and federally sponsored programs designed to maintain housing affordability, including the Section 8 rental assistance program.

Implementation
Policy: HS-2.13
Improve housing affordability by promoting energy
conservation programs and sustainable development as
outlined in the Conservation Elements of the General Plan.

SUMMARY OF GOALS
LII City of Twentynine Palms General Plan 2012
Maintain and Preserve the Existing Housing Stock
Goal: HS-3 Minimize the impact of governmental constraints on housing production and affordability.

Implementation
Policy: HS-3.1
Periodically review residential development standards and regulations, ordinances, processing procedures and fees to identify and mitigate constraints that may impede the development, improvement and conservation of housing.

Implementation
Policy: HS-3.2
Streamline the City’s development review process to minimize the indirect cost of time spent in this process, and where appropriate, reduce direct cost in fees of developing new affordable housing opportunities.

Implementation
Policy: HS-3.3
Designate appropriate zoning districts for the location of transitional housing and emergency shelters consistent with State law, and maintain standards to enhance the compatibility of these uses with surrounding uses.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LIII
Promote Equal Housing Opportunities
Goal: HS-4 Promote equal housing opportunity for all residents.

Implementation
Policy: HS-4.1
Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, selling or renting of housing on the basis of race, religion, family status, national origin, physical disability or other such circumstances.

Implementation
Policy: HS-4.2
Promote, monitor, and cooperate with the Marine Base and other segments of the community to assure that fair housing practices are adhered to and continued in the community.

Implementation
Policy: HS-4.3
Publicize fair housing resources offered to the community by the City, County and other agencies.

SUMMARY OF GOALS
LIV City of Twentynine Palms General Plan 2012
This page intentionally left blank

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LV

SAFETY ELEMENT

GOALS AND IMPLEMENTATION POLICIES
Seismic and Geologic Hazards
Goal: SF-1
Minimize injury, loss of life, property damage and
economic and social disruption caused by seismic
shaking and other earthquake-induced hazards, and
by geologic hazards such as slope instability,
compressible and collapsible soils, and subsidence.

Implementation
Policy: SF-1.1
New habitable structures shall be designed and built in accordance with the most recent California Building Code.

Implementation
Policy: SF-1.2
Prior to project approval, new development or expansion of existing projects within the Alquist-Priolo Fault Zone Overlay (see Exhibit LU-6, Safety Overlays) shall conduct geotechnical and engineering geological investigations, prepared by Statecertified professionals. No structure for human occupancy nor any critical facility fire and police stations; City
communication centers; hospitals, schools, pre-schools, nursing homes and other limited-mobility or high-occupancy
populations; electrical substations and towers, water reservoirs, high-pressure or large-diameter pipelines, and bridges or other key transportation structures) shall be allowed across the trace of an active fault. If these studies confirm that the fault trace of concern is active, structural setbacks or other measures designed to mitigate the potential for future surface fault rupture should be implemented.

SUMMARY OF GOALS
LVI City of Twentynine Palms General Plan 2012
Implementation
Policy: SF-1.3
Prior to project approval, new development or expansion of existing projects within the Liquefaction Susceptibility Overlay (see Exhibit LU-6, Safety Overlays) shall conduct liquefaction assessment studies, prepared by State-certified professionals.

Implementation
Policy: SF-1.4
Encourage owners of potentially hazardous buildings,
including pre-1952 wood-frame structures, concrete tilt-ups, pre-1971 reinforced masonry, soft-story, manufactured
(mobile) housing and unreinforced masonry buildings, to assess the seismic vulnerability of their structures and conduct seismic retrofitting as necessary to improve the buildings’ resistance to seismic shaking.

Implementation
Policy: SF-1.5
The City shall develop and make available to all residents and businesses literature on hazard prevention and disaster response, including information on how to earthquake-proof residences and places of business, and information on what to do before, during and after an earthquake.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LVII

Flooding Hazards
Goal: SF-2
Minimize injury, loss of life, property damage
and economic and social disruption caused by
flooding hazards.

Implementation
Policy: SF-2.1
New development or expansion of existing projects
within the FEMA 100-Year Floodplain Overlay and
Indian Cove/Mesquite Drainage Area Overlay (see
Exhibit LU-6, Safety Overlays) shall mitigate flooding
hazards to the project and potential impacts to
surrounding properties.

Implementation
Policy: SF-2.2
Require new development within the 100 year flood plain or repeat flood properties as identified by the Federal Emergency Management Agency (FEMA) to conduct
hydrological studies, prepared by a State-certified
engineer, to assess the potential impacts the new
development will have on the flooding and sedimentation potential of existing development down-grade and
implement appropriate mitigation measures to reduce this impact to an acceptable level.

Implementation
Policy: SF-2.3
The City shall participate in the National Flood Insurance Program and encourage that all owners of properties
located within the 100-year floodplain (Zones A and
AO), and repeat-flood properties in Zone X to purchase
and keep flood insurance for those properties.

Implementation
Policy: SF-2.4
Prohibit new facilities that use or store hazardous
materials in quantities that would place them in the
State’s TRI or SQG databases from being located in the
flood zone (Zones A, AO and X), unless all standards of elevation, anchoring and flood proofing have been
implemented to the satisfaction of the City’s Building
Department, and the Twentynine Palms Fire Department.

SUMMARY OF GOALS
LVIII City of Twentynine Palms General Plan 2012
Implementation
Policy: SF-2.5
Require all essential and critical facilities (including, but not limited to, essential City offices and buildings,
medical facilities, schools, child care centers and nursing homes) in or within 200 feet of Flood Zones A, AO and
X, to develop disaster response and evacuation plans that address the actions that will be taken in the event of
flooding.

Implementation
Policy: SF-2.6
Prepare and adopt development policies to leave active
streams in the alluvial fans in a natural, unobstructed state.

Implementation
Policy: SF-2.7
Improve the drainage conditions in those areas of the
planning area that flood repeatedly using dry wells,
storage basins, berms or similar measures, including
educating residents about the importance of keeping
drainage channels free of debris and not altered in such a way that the flow is obstructed or significantly changed or reduced.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LIX
Wind Hazards
Goal: SF-3 Reduce the risk of death, injury, property damage and economic loss due to windstorms.

Implementation
Policy: SF-3.1
Educate property owners of the importance of maintaining clearances between trees and power lines, to reduce the potential for downed trees and branches to come in contact with, and disrupt, adjacent distribution power lines, in conformance with the California Public Resources Code.

Implementation
Policy: SF-3.2
Require the undergrounding of overhead utility lines in new developments, and review the cost benefit of systematically undergrounding the existing overhead utility lines in the planning area, to help reduce the impact of windstorms on the City’s power system.

Implementation
Policy: SF-3.3
Require all signs and other structures susceptible to wind damage, whether temporary or permanent, to be tied down appropriately, or brought in under cover when a thunderstorm threatens the area.

SUMMARY OF GOALS
LX City of Twentynine Palms General Plan 2012
Fire Hazards
Goal: SF-4
Reduce the risk of death, injury, property damage
and economic loss due to structure and
vegetation fires.

Implementation
Policy: SF-4.1
New habitable structures shall be constructed in accordance with the most recent California Fire Code.

Implementation
Policy: SF-4.2
Cooperate with the Twentynine Palms Fire Department to
regularly re-evaluate specific fire hazard areas and adopt reasonable safety standards covering such elements as
adequacy of nearby water supplies, fire flow tests, fire hydrants, routes or throughways for fire equipment, clarity of addresses and street signs and maintenance.

Implementation
Policy: SF-4.3
Conduct regular inspections of parcels throughout the City, and require property owners to bring their property into compliance with fire inspection standards, including weed abatement and to encourage homeowners to follow fire-safe practices, including maintaining a fire-safe landscape, and keeping combustibles (such as fire wood) a safe distance away from all structures.

Implementation
Policy: SF-4.4
Encourage the Twentynine Palms Water District to review and improve as needed the adequacy of the water storage capacity and distribution network, with priority given to the water mains that extend across the Pinto Mountain and
Mesquite Lake faults.

Implementation
Policy: SF-4.5
Coordinate with the Joshua Tree National Park to develop abatement programs to control the spread of buffelgrass and other non-native invasive plant species before they take hold in the region.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXI
Implementation
Policy: SF-4.6
Cooperate with outside agencies to ensure fire, police and medical personnel, equipment and services should
adequately meet the needs and serve all areas of the
planning area.

SUMMARY OF GOALS
LXII City of Twentynine Palms General Plan 2012
Hazardous Materials
Goal: SF-5 Reduce the potential for hazardous materials contamination in Twentynine Palms.

Implementation
Policy: SF-5.1
Coordinate with the Twentynine Palms Fire Department
and the Twentynine Palms Marine Corps Base, to
develop policies to respond safely and effectively to a hazardous materials incident in the planning area.

Implementation
Policy: SF-5.2
Coordinate with regional providers of emergency
services, including the County’s Fire and Sheriff
Departments, to ensure that all residents, workers and
visitors to Twentynine Palms are protected from
exposure to hazardous materials and wastes.

Implementation
Policy: SF-5.3
Identify roadways along which hazardous materials are
routinely transported. If critical facilities, such as
schools, medical facilities, child care centers or other facilities with special evacuation needs are located along these routes, identify emergency response plans that can be implemented in the event of a roadway accident
nearby that result in the unauthorized release of
hazardous materials.

Implementation
Policy: SF-5.4
Reduce and/or eliminate the use of hazardous materials
by the City by using non-toxic, safer alternatives that do not pose a threat to the environment, or buying and using only the smallest amount of a hazardous substance
needed. Encourage residents and businesses in the
planning area to do the same.

Implementation
Policy: SF-5.5
Prohibit new facilities that will be involved in the
production, use, storage, transport or disposal of
hazardous materials from being located within the 100-
year floodplain (unless all standards of elevation,
anchoring and flood proofing have been implemented),
from within a fault zone or from within an area
susceptible to liquefaction.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXIII
Implementation
Policy: SF-5.6
Prohibit the development and siting of new sensitive
facilities (e.g., schools, child care centers, nursing homes, etc.) near existing sites that use, store or generate
significant quantities of hazardous materials.

Implementation
Policy: SF-5.7
Establish programs and recycling centers that accept
hazardous substances, such as paint, paint thinner, used waste oil, etc.

Implementation
Policy: SF-5.8
Evaluate alternatives to leachfield systems, such as a
municipal sewage collection and treatment system, to
ensure that the groundwater beneath the planning area is not degraded by these land use practices.

Implementation
Policy: SF-5.9
Require an analysis for the presence of other related
hazardous chemicals, lead-based paints or products,
mercury, and asbestos containing materials (ACMs)
when buildings or other structures, asphalt or concretepaved surface areas are being demolished. If other hazardous chemicals, lead-based paints or products,
mercury or ACMs are identified, require proper
precautions shall be taken during demolition activities and require the contaminants shall be remediated in
compliance with California environmental regulations
and policies.

Implementation
Policy: SF-5.10
Require new development that require discretionary
approval by the City and are identified in DTSC
databases or pertinent agency databases identified by the DTSC to undertake a Phase I Environmental Site
Assessment, prepared in accordance with the latest
ASTM protocol for such assessments. Require the
implementation of the recommendations/mitigation
measures from the Phase I study.

SUMMARY OF GOALS
LXIV City of Twentynine Palms General Plan 2012
Disaster Preparedness, Response and Recovery
Goal: SF-6 Maintain a high level of emergency response
capability.

Implementation
Policy: SF-6.1
Maintain, update and adopt the City’s Local Hazard
Mitigation Plan on a regular basis, as mandated by FEMA.

Implementation
Policy: SF-6.2
Adopt the City Hazard Mitigation Plan (HMP) in
conformance with Assembly Bill 2140 (2006.

Implementation
Policy: SF-6.3
Maintain and update an Emergency Response Plan that
ensures that the emergency response organization and
resources are identified, and where emergency response
procedures are provided.

Implementation
Policy: SF-6.4
Ensure the City’s emergency plans are consistent with
regional, state (SIMS), and Federal (NIMS) standards,
guidelines and/or recommendations.

Implementation
Policy: SF-6.5
Maintain mutual aid agreements with neighboring cities and the San Bernardino County Operational Area.

Implementation
Policy: SF-6.6
Provide training to all City employees on their roles and responsibilities in times of disasters and local emergencies and participate in appropriate regional and local emergency exercises.

Implementation
Policy: SF-6.7
Adopt policies and programs to ensure to the fullest
possible extent that critical, dependent care and highoccupancy facilities remain functional in the event of a major disaster.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXV
Implementation
Policy: SF-6.8
Compile and maintain a list of facilities that may have a high risk and specific needs requiring special response during a disaster because of population demands (such as mobility issues), construction type, location relative to a high hazard area, or other factors.

Implementation
Policy: SF-6.9
Enhance public awareness and preparedness by
encouraging residents and businesses to store supplies for self-reliance following a disaster and educate residents and businesses regarding mitigation measures to take prior to, during, and after an emergency.

Implementation
Policy: SF-6.10
Identify potential emergency shelter locations for people and animals and develop agreements, as needed, with the owners and operators of those facilities.

Implementation
Policy: SF-6.11
Cooperate and/or participate in regional efforts to ensure that the local medical care facilities will remain functional after a large regional earthquake and can provide
emergency medical care to all residents and workers that need medical attention following a disaster.

SUMMARY OF GOALS
LXVI City of Twentynine Palms General Plan 2012

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXVII

CONSERVATION AND OPEN SPACE ELEMENT

GOALS AND IMPLEMENTATION POLICIES
Biological Resources
Goal:CO-1
Designate, maintain and enhance the quality of
permanently protected open space used by
both endangered and special status species.

Implementation
Policy: CO-1.1
Until such time as the West Mojave Plan is adopted,
require proposed development projects on previously
undeveloped land in areas identified in Exhibits CO-2
through CO-7, Special Status Biological Resources, or
other areas where suitable habitat may occur, to prepare a biological assessment in accordance with current state and federal requirements to determine the occurrence of any endangered or special status species or habitat and to adopt mitigation measures.

Implementation
Policy: CO-1.2
Require focused surveys for the burrowing owl for
development projects on vacant properties, to determine the occurrence of burrowing owl and prepare mitigation
measures if necessary.

Implementation
Policy: CO-1.3
Continue enforcing City requirements within the
Mesquite Dunes overlay area.

Implementation
Policy: CO-1.4
Participate in the preparation and development of the
West Mojave Plan. Once the Plan has been adopted, the
City will consider whether or not to implement or be a
party of the Plan.

SUMMARY OF GOALS
LXVIII City of Twentynine Palms General Plan 2012
Implementation
Policy: CO-1.5
Coordinate with federal and state agencies and private
conservation organizations to preserve environmentally
sensitive open space and conservation areas.

Implementation
Policy: CO-1.6
Provide for access into sensitive habitat areas to allow residents and tourists use for educational and passive
recreational uses.

Implementation
Policy: CO-1.7
Adopt standards to ensure that development adjacent to
any adopted conservation areas respects the provisions
of the conservation and that provides a transition
between conservation areas and developed areas.

Implementation
Policy: CO-1.8
Encourage developers to preserve, protect and at a
minimum salvage naturally occurring desert plant
materials for incorporation into project landscaping to the greatest extent possible.

Implementation
Policy: CO-1.9
Encourage preservation and utilization of on-site
indigenous materials on project landscape plans.

Implementation
Policy: CO-1.10
A biological assessment shall be performed for all
vacant properties proposing development within areas
identified as Desert Fan Palm Oasis vegetation in
Exhibits CO-2 through CO-7. Projects impacting the
fan palm oasis vegetation type shall be required to
comply with the mitigations recommended in the
biological assessment. Mitigation measures shall be
incorporated to preserve critical habitat, avoid impacts, or offset the impact in a way that restores, replaces or compensates for the lost biological resource.

Implementation
Policy: CO-1.11
The City will enforce a policy of "no net loss" of
wetlands and riparian values with respect to any future land use approvals within the Mesquite Dunes & Bosque
Overlay. This shall be implemented through on-site
means, or by off-site means if located within the same
watershed and involving the same types of wetlands and
riparian resources.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXIX
Cultural Resources
Goal: CO-2 Identify the City’s cultural resources and
establish regulations to protect them
Implementation
Policy: CO-2.1
All projects in areas where a previous survey has not
been completed in the past five years shall contact the Archaeological Information Center (AIC) for a records
search on the project site for potential archaeological or historical resources. The project shall comply with AIC recommendations.

Implementation
Policy: CO-2.2
Develop an archaeological and historical resources
database and mapping information to be maintained at
City Hall to be used as a basis for reviews during
entitlement processes.

Implementation
Policy: CO-2.3
Identify public and private buildings which are of local, historical, or cultural importance and adopt programs to encourage their preservation and/or reuse.

Implementation
Policy: CO-2.4
Adopt land use regulations which balance cultural
preservation goals with the interests of private property owners.

Policy: CO-2.5
Encourage in-place preservation of cultural resources
when such resources are deemed sensitive and significant by a certified archaeologist.

Implementation
Policy: CO-2.6
When in-place preservation of sensitive and significant resources is not feasible, require proper recovery and
preservation of cultural resources when possible.

SUMMARY OF GOALS
LXX City of Twentynine Palms General Plan 2012
Implementation
Policy: CO-2.7
Require onsite monitoring of grading activities when
deemed necessary by a certified archaeologist as a result of the cultural resources survey required in
Implementation Policy CO 2.1.

Implementation
Policy: CO-2.8
Require special monitoring on development project sites known to contain or a soils analysis indicates the
presence of finer-grained fluvial, lacustrine, or aeolian deposits which are sensitive for potentially containing fossilized remains.

Implementation
Policy: CO-2.9
In the event that Native American cultural resources are discovered during project development/construction, all work in the immediate vicinity of the find shall cease and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the find. Work on the overall project may continue during this assessment
period.

Implementation
Policy: CO-2.10
In areas containing finer-grained fluvial, lacustrine, or aeolian deposits where it is unknown if paleontological resources exist, field surveys prepared by a qualified
paleontological professional before grading shall be
conducted to establish the need for paleontologic
monitoring which shall be done upon recommendation by
the professional paleontologist and approval by the
Community Development Director.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXI
Water Resources
Goal: CO-3 Develop polices and programs to ensure an
adequate supply of high quality water.

Implementation
Policy: CO-3.1
Prepare and adopt laws and regulations to require climate appropriate and drought resistant landscape for all public and private landscaping within the City.

Implementation
Policy: CO-3.2
Require that all new development within the City comply with City, water district and state mandates concerning the conservation and treatment of water.

Implementation
Policy: CO-3.3
Coordinate and cooperate with the Twentynine Palms
Water District to develop and implement water
conservation and treatment programs.

Implementation
Policy: CO-3.4
Work with the Twentynine Palms Water District to
develop and implement incentive programs to encourage
residents and businesses in the City to practice water
conservation.

Implementation
Policy: CO-3.5
Work with the Twentynine Palms Water District to
develop programs that educate the public about the
importance of water conservation and water-efficient
landscaping.

Implementation
Policy: CO-3.6
Enforce regulations aimed at reducing groundwater and
urban runoff pollution, including the National Pollutant Discharge Elimination System (NPDES) requirements of
the Regional Water Quality Control Board.

Implementation
Policy: CO-3.7
Enforce regulations and guidelines for the development
and maintenance of project-specific on-site
retention/detention basins, which implement the NPDES
program, enhance groundwater recharge, and
complement regional flood control facilities.

SUMMARY OF GOALS
LXXII City of Twentynine Palms General Plan 2012
Implementation
Policy: CO-3.8
Prepare and adopt development policies, which respect
the biological values and dynamic nature of water
movement on alluvial fans and leaves intermittent and
perennial streams in a natural unobstructed state.

Implementation
Policy: CO-3.9
Develop and maintain a system to share records and
technical information with Twentynine Palms Water
District, CRWQCB and other applicable agencies
regarding all sites that have the potential to contaminate groundwater resources serving the City.

Implementation
Policy: CO-3.10
Evaluate all proposed land use and development plans for their potential to create groundwater contamination
hazards from point and non-point sources and confer with other applicable agencies to assure adequate review.

Implementation
Policy: CO-3.11
Coordinate with Twentynine Palms Water District in
efforts to expand sewer services to protect groundwater quality.

Implementation
Policy: CO-3.12
To the extent feasible, encourage the efforts of County Flood Control and the Twentynine Palms Water District
to design flood control facilities that enhance
opportunities for groundwater recharge.

Implementation
Policy: CO-3.13
Adopt regulations to require new development to
incorporate features into site drainage plans to reduce impermeable surface area, increase surface water
infiltration and minimize surface water runoff during
storm events.

Implementation
Policy: CO-3.14
Adopt a landscape ordinance to regulate the amount of
water consumed for irrigation purposes for both
residential and non-residential development in the City.

Implementation
Policy: CO-3.15
Coordinate with the Twentynine Palms Water District
and other regional and state agencies to identify alternate water sources for worst case water supply scenarios as
identified in the 2005 Urban Water Management Plan
Update.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXIII
Implementation
Policy: CO-3.16
Conduct an analysis to determine practical and
reasonable means for reducing water consumption as
detailed in the 2005 Urban Water Management Plan
Update.

SUMMARY OF GOALS
LXXIV City of Twentynine Palms General Plan 2012
Air Quality and Climate Change
Goal: CO-4
Develop regulations and policies which reduce
pollutants responsible for lowering the air
quality within the City and for adding to the
global climate change problem.

Implementation
Policy: CO-4.1
Require air quality analyses for all proposed development projects that have the potential to adversely affect air quality and identify and impose mitigation measures
within their design. Projects shall be determined to have the potential to adversely affect air quality based on the significance thresholds established by the MDAQMD
CEQA Guidelines.

Implementation
Policy: CO-4.2
Coordinate with the MDAQMD and the Southern
California Association of Governments (SCAG) to
implement the MDAQMD’s rules to meet Federal and
State air quality standards for all pollutants.

Implementation
Policy: CO-4.3
Develop regulations and procedures to comply with
Federal attainment plans, adopted by the Mojave Desert
Air Quality Management District, for Ozone and PM10.

Implementation
Policy: CO-4.4
Develop a long term capital improvement program to
pave roadways when practical and feasible.

Implementation
Policy: CO-4.5
Locate commercial services near population centers to
reduce the length of travel trips.

Implementation
Policy: CO-4.6
Require developers to phase and stage construction
activities to reduce construction-related pollutant
emission levels to the lowest level practical.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXV
Implementation
Policy: CO-4.7
Require developers to use water trucks and temporary
irrigation systems, as well as other feasible measures, to limit fugitive dust emissions resulting from their
activities in accordance with MDAQMD Rule 403.

Implementation
Policy: CO-4.8
Coordinate with the California Department of
Transportation and other regional agencies to implement transportation programs with employers to reduce the
amount of vehicle miles traveled by their employees.

Implementation
Policy: CO-4.9
Coordinate with the Morongo Basin Transit Authority to
plan, develop and implement a mass transit program for
both regional and local trips.

Implementation
Policy: CO-4.10
Expand the use of CNG, electric powered and other nongasoline vehicles for City activities.

Implementation
Policy: CO-4.11
Develop a system of trails, paths and other rights-of-way for the use of non-motorized transportation, including
bicycles and walking.

Implementation
Policy: CO-4.12
Cooperate with SCAG and SANBAG to develop a local
climate action plan.

Implementation
Policy: CO-4.13
Develop and implement greenhouse gas emissions
reduction measures, including discrete, early-action
greenhouse gas reducing measures that are
technologically feasible and cost effective, for both
public and private development projects.

Implementation
Policy: CO-4.14
Ensure the use of alternative and/or renewable energy
sources for all new City facilities. Where and when
feasible and practical, retrofit existing City facilities for the use of alternative and/or renewable energy
Implementation
Policy: CO-4-15
Consult with the MDAQMD during CEQA review for all
discretionary projects meeting or exceeding MDAQMD
thresholds and previously reviewed by the MDAQMD.

SUMMARY OF GOALS
LXXVI City of Twentynine Palms General Plan 2012
Implementation
Policy: CO-4-16
Require new air pollution point sources such as, but not limited to, industrial, manufacturing, and processing
facilities, to be located an adequate distance from
residential areas and sensitive receptors. Locate air
pollution sensitive land uses (e.g., hospitals, convalescent homes, residences, schools) away from existing
developed and undeveloped industrial sites in recognition that the potential exists for those sites to contain
industrial processes that may emit toxic and hazardous
pollutants at some future date.

Implementation
Policy: CO-4-17
Work with local energy providers on voluntary incentivebased programs to encourage developers to use energy efficient designs and equipment beyond the requirements of Title 24. Encourage development to utilize CEC’s
voluntary Tier II Energy Efficiency standards in effect at the time building construction begins in combined with
space heating, cooling and water heating energy.

Implementation
Policy: CO-4-18
Future development shall be sited in accordance with the guidelines prepared by the California Air Resources
Board in their latest Air Quality and Land Use
Handbook.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXVII
Mineral Resources
Goal: CO-5
Ensure that all mineral mining be undertaken in
compliance with State and local laws and
regulations.

Implementation
Policy: CO-5.1
Review and monitor all mining operations to ensure
compliance with the Surface Mining and Reclamation Act
of the State of California.

Implementation
Policy: CO-5.2
Develop and adopt ordinances and regulations to ensure
that all mining operations within the City preserve the City’s aesthetic resources.

Implementation
Policy: CO-5.3
Require that all mining operations utilize rights-of-way with adequate road improvements and maintenance.

Implementation
Policy: CO-5.4
When a mining operation is adjacent to a residential or other noise-sensitive area, require noise reduction
measures.

SUMMARY OF GOALS
LXXVIII City of Twentynine Palms General Plan 2012
Nighttime View
Goal: CO-6 Preserve quality nighttime views within the City.

Implementation
Policy: CO-6.1
Adopt night sky preservation regulations that limit the amount and type of lighting within rural style
developments.

Implementation
Policy: CO-6.2
Require shielding of outdoor lighting and that lighting be designed and installed in a manner that confines the direct light rays to the property upon which the lighting is
installed.

Implementation
Policy: CO-6.3
Require lighting in and near residential areas to be minimal and shielded to prevent nuisance glare.

Implementation
Policy: CO-6.4
Enforce City lighting standards as detailed in the City’s Development Code.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXIX
Energy Resources
Goal: CO-7
Develop regulations and programs to encourage
sustainable practices in land use, use of buildings
and for development and construction.

Implementation
Policy: CO-7.1
Use the City’s building codes and development code to
encourage sustainable construction practices and the use of energy-saving technology within buildings.

Implementation
Policy: CO-7.2
Develop regulations requiring the separation of various types of waste being disposed and require as much of that waste as possible to be recycled.

Implementation
Policy: CO-7.3
Coordinate with the local land fill agencies to identify and develop programs to reduce the deposit of waste into land fills.

Implementation
Policy: CO-7.4
Develop provisions within the development and building
codes to encourage and allow alternative energy facilities and equipment to be installed and developed on individual properties to serve that property.

SUMMARY OF GOALS
LXXX City of Twentynine Palms General Plan 2012
This page intentionally left blank

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXXI

NOISE ELEMENT

GOALS AND IMPLEMENTATION POLICIES
Minimize Noise Impacts
Goal NS-1
Noise levels will be addressed prior to the City
taking actions on land use proposals and potential
conflicts will be avoided or mitigated so that noise
levels will not exceed acceptable levels.

Implementation Policy
NS-1.1
Noise generation impacts will be considered prior to any land use designation change and/or any land use intensification and uses will be located in a manner that minimizes noise impacts. Prior to approval of projects, which may result in significant noise pollution, the City will require noise analysis to ensure that noise levels do not exceed acceptable levels as defined by the City’s Development Code. The City will
require special design standards for proposed projects with the potential to exceed the noise level requirements. In cases where special design standards are required, the City will require mitigation plans to be certified by a registered acoustician.

Implementation Policy
NS-1.2
The City will limit the establishment of land uses in the Twentynine Palms Airport flight pattern that would result in noise conflicts.

SUMMARY OF GOALS
LXXXII City of Twentynine Palms General Plan 2012
Implementation Policy
NS-1.3
Develop a buyer and renter notification program for the persons within the City limits locating under the Sundance Military Operations Area (MOA) airspace. This area
experiences occasional high levels of aircraft activity and is bounded roughly by the Marine Base to the north, Indian Trail on the south, Canyon Road on the west and past the limits of the City to the east. The notification program should simply inform persons and businesses moving into that area that they will be exposed to occasional high levels of aircraft activity.

Implementation Policy
NS-1.4
Require all exterior noise sources (construction operations, air compressors, pumps, fans and leaf blowers) to use
available noise suppression devices and techniques to bring exterior noise down to acceptable levels, as defined by the City’s Development Code, that are compatible with adjacent land uses.

Implementation Policy
NS-1.5
Develop a buyer and renter notification program for the persons within the City limits that are determined to be affected by other noise generating uses on the Marine Base.

The program shall include measurements of these occasional noise occurrences from other noise generating uses to
determine the area impacted. The notification program
should simply inform persons and businesses moving into that area that they will be exposed to occasional high levels of noise.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXXIII

RECREATION ELEMENT

GOALS AND IMPLEMENTATION POLICIES
Recreation Facilities
Goal: RE-1 Provide safe, accessible and enjoyable parks and recreation facilities that enhance the community.

Implementation
Policy: RE-1.1
Maintain a level of service of at least 4.2 acres of park land per 1,000 residents, and strive for a level of service of 4.8 acres of community park land per 1,000 residents.

Implementation
Policy: RE-1.2
Provide community parks within two (2) miles of most
residents, and supplement these with special use areas that meet community needs.

Implementation
Policy: RE-1.3
Strive to locate any new specialized facilities in existing or planned community parks, rather than in new special use areas. However, if unique or unforeseen opportunities may arise in the future, each opportunity should be evaluated in relation to the goals in this plan and other identified community priorities.

Implementation
Policy: RE-1.4
Ensure that adequate outdoor recreation space to meet basic recreation needs is provided within residential subdivisions and multifamily developments.

Implementation
Policy: RE-1.5
Acquire only those sites that meet the goals and direction of this Recreation Element.

Implementation
Policy: RE-1.6
Provide improvements to the park system in accordance
with the recommendations of this plan.

SUMMARY OF GOALS
LXXXIV City of Twentynine Palms General Plan 2012
Implementation
Policy: RE-1.7
Follow the design guidelines contained in the Twentynine Palms Parks and Recreation Master Plan.

Implementation
Policy: RE-1.8
Pursue the adoption of a local Quimby Act Ordinance to
help assist the purchasing of parkland in the planning area.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXXV
Multi-Use Trail System
Goal: RE-2
Create a comprehensive multi-use trail system
that connects users to recreational amenities,
community gathering spaces, and natural open
spaces.

Implementation
Policy: RE-2.1
Implement the bikeways and off-street trails as proposed in the Trails Plan.

Implementation
Policy: RE-2.2
Provide trail signage throughout the system and include signage in parks directing park users to the trail system.

Implementation
Policy: RE-2.3
Require dedication of rights-of-way for Class I off-street trails. Secure a minimum twenty-five (25) foot wide rightof-way for trails, with forty-four (44) to fifty (50) foot optimum. Require trail dedications and improvements from new developments.

Implementation
Policy: RE-2.4
Encourage developers to provide pathways within their
proposed developments to link with the Citywide pathway system.

Implementation
Policy: RE-2.5
Locate and design trails to provide a diversity of
challenges. Enhance accessibility wherever possible, with high priority given to loop or destination opportunities on portions of trails near staging areas.

Implementation
Policy: RE-2.6
Where routes use existing streets, design pathways to
minimize potential conflicts between motorists and trail users.

Implementation
Policy: RE-2.7
Coordinate with other agencies to provide hiking and
equestrian trail access from Twentynine Palms into desert areas and onto public lands.

Implementation
Policy: RE-2.8
Provide a comprehensive trails system that provides access, connectivity and circulation throughout the planning area, as well as providing a source for recreation activity.

SUMMARY OF GOALS
LXXXVI City of Twentynine Palms General Plan 2012
Implementation
Policy: RE-2.9
Develop a Trails Improvement Plan. The plan shall identify trail locations within offset streets, provide trail section standards for each type of trail, and identify priority trails focused on routes connecting residential areas, schools, parks, and other recreational areas.

Implementation
Policy: RE2.10
Provide and preserve trail alignments within, adjacent to and that connect to conservation and open space areas.

Implementation
Policy RE-2.11
Explore the potential for utilizing existing and planned flood control facilities and utility corridors for trail use.

Coordinate with San Bernardino County Flood Control
Department, Southern California Edison and other agencies to develop trail opportunities.

Implementation
Policy RE-2.12
Require bicycle parking facilities and storage for
commercial and institutional facilities located along
planned bikeway routes.

Implementation
Policy RE-2.13
Require trail network accessible and consistent with
American Disability Act.

Implementation
Policy RE-2.14
Coordinate with CalTrans on the provision of nonmotorized transportation routes, facilities, and enhancements within the Twentynine Palms Highway
right-of-way.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXXVI
I
Accessibility To Recreation Facility
Goal: RE-3
Ensure that recreation programs and facilities are
available to the fullest extent possible to
community members of all ages, income and
abilities.

Implementation
Policy RE-3.1
Regularly review programs and recreation activities to
ensure that they are meeting community needs.

Implementation
Policy RE-3.2
Provide additional program space to support programming desired by the community.

Implementation
Policy RE-3.3
Provide more programming for formative youth, high
school-age youth and adults.

Implementation
Policy RE-3.4 Provide community-building events and activities.

Implementation
Policy RE-3.5
Expand arts and cultural programming and activities in
Twentynine Palms.

Implementation
Policy RE-3.6
Set cost recovery goals for each major recreation program area, and track costs and revenues consistently.

Implementation
Policy RE-3.7 Ensure that programs are affordable.

Implementation
Policy RE-3.8
Support professional development and training for staff and volunteers.

SUMMARY OF GOALS
LXXXVI City of Twentynine Palms General Plan 2012
II
Multi-Jurisdictional Coordination
Goal: RE-4
Encourage cooperation and partnerships with
local jurisdictions and public and private entities
to ensure that parks and recreation services are
effectively and efficiently coordinated.

Implementation
Policy RE-4.1
Continue the successful partnership with the School District and expand collaboration when opportunities arise. Where possible, locate parks next to schools.

Implementation
Policy RE-4.2
Coordinate with the National Park Service regarding
planning for Joshua Tree National Park and on City efforts to attract tourism.

Implementation
Policy RE-4.3
Partner with San Bernardino County, particularly to find a location for a campground in the Twentynine Palms area.

Implementation
Policy RE-4.4
Work with local arts groups, such as Theatre 29, to ensure that adequate visual and performing arts opportunities are available in the community.

Implementation
Policy RE-4.5
Continue partnerships with the Marine Corps Ground Air
Combat Center on recreation facilities and activities.

Implementation
Policy RE-4.6
Look for additional partnership opportunities with other agencies, organizations such as Rotary, or private groups, to expand park and recreation opportunities in the City.

SUMMARY OF GOALS
City of Twentynine Palms General Plan 2012 LXXXIX
Facility Maintenance
Goal: RE-5 Provide efficient and high quality maintenance of parks, facilities and natural open spaces.

Implementation
Policy RE-5.1
Increase maintenance budget and staffing to keep up with park system growth and increased facilities.

Implementation
Policy RE-5.2
Incorporate new technology and labor-saving park design techniques when making park improvements to reduce
operating costs.

Implementation
Policy RE-5.3
Prioritize asset preservation to ensure the long-term
sustainability of the park system.

Implementation
Policy RE-5.4
Incorporate native desert plants where appropriate to
reduce water needs.

SUMMARY OF GOALS
XC City of Twentynine Palms General Plan 2012
This page intentionally left blank

TWENTYNINE PALMS RFA for PA&ED & PE PA & ED RFA PSE PSE ROW RFA Construction Construction Final Report Project
Split Rock Avenue Bridge
Split Rock Avenue Channel
Hatch Sullivan Class 2 Bike Path
SR 62 Street Improvement Encelia to Larea Ave Phase 2B
29 Palms City Wide Bikepath Funds available RFA for Design Luckie Park Sidewalk Project
REAP 2.0: 29 Palms - Local Road Improvements
Total
Schedule Apr May Jun July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov Dec Split Rock Avenue Bridge
Split Rock Avenue Channel
Hatch Sullivan Class 2 Bike Path
SR 62 Street Improvement Encelia to Larea Ave Phase 2B
29 Palms City Wide Bikepath
Luckey Park Sidewalk Project
Sewer Treatment Plant
REAP 2.0: 29 Palms - Local Road Improvements
2029 2030
Environmental document to be approved in March
Sherwood Engineering- Design engineer currently in design Amount
2026 2027 2028
DEA Design engineer contract Jan 2025
Advertized for Construction Bid Opening Jan 2025
60% plans
TDA Permit from Flood Control
2025
ATP
MLHP
$8,260,900
$3,479,926
$4,700,000
$16,910,826
CDBG
$470,000
REAP funds
HBP Preconstruction meeting
Environmental approval
Design
Construction Contract awarded
Grant approved January 2023
Funds available RFA for Design
WDID application
SBCFCD
Funds Status Next Step COMMENTS

City of Twentynine Palms – Public Works
This is a list of projects for FY 2025-26 funded by SB1. The projects generally consist of providing the necessary labor, equipment, and materials to overlay the street segments listed below:

Location
Street From To Tonnage Cost
Sunnyslope Drive Adobe Road Bagley Avenue 350 $49,000.00 Ocotillo Avenue Gorgonio Drive Veterans Way 375 $52,500.00 Serrano Drive Adobe Road Foothill Drive 250 $35,000.00
Foothill Drive Adobe Road East to End 200 $28,000.00
Old Dale Road Ocotillo Avenue Mesquite Avenue 250 $35,000.00 Ocotillo Avenue Cactus Drive Cottonwood Drive 400 $56,000.00 North Star Avenue 62 Highway Old Dale Road 300 $42,000.00 Abronia Avenue Two Mile Road Samarkand Drive 800 $112,000.00 Cahuilla Avenue Two Mile Road Samarkand Drive 700 $98,000.00 El Rey Avenue 62 Highway Hatch Road 275 $38,500.00
49 Palms Avenue 62 Highway Juanita Drive 15 $21,00.00
Old Dale Road Rose Ellen Avenue Datura Avenue 175 $24,500.00 Datura Road Hatch Road Juanita Drive 350 $49,000.00
Lupine Avenue Two Mile Road Samarkand Drive 750 $105,000.00 Stardune Avenue Old Dale Road 62 Highway 300 $42,000.00 TOTAL 5625 $787,500.00
The overlay will be funded in part with the current year apportionment, which is estimated at $765,837.00. The remaining balance of $21,663 will be funded with prior years SB1 funding and accumulated interest revenue from prior years SB 1 funding. The City Public Works will also be completing a chip seal road surfacing of 2.15 Miles at Condor Road and Utah Trail with Measure I funding budget of $400,000.

On the Capital Improvement list:

USGS Study
Master Plan Updates
Campbell Reservoir Land Acquisition
Urban Water Management Plan
Cr 6 and Fluoride Treatment Well 11B
Redundant Reservoir and Booster Station at Treatment Plant SCADA System Distribution and Treatment Upgrade
Treatment Plant Concrete
Cathodic Protection Plant 6 Reservoir
Soft Start Replacement Boosters
Valve and CLA-valve Replacement
Donnell Reservoir Altitude Valve
Computer/Technology Replacement
GIS System
Energy Efficiency Projects
Parking Lot Seal/Paving
Our District refers to our project as Capital Improvements, which I believe the city may call out for Public Works Projects. We do have more items in our CIP list, but they are just yearly items that we take care of and capitalize after they are completed.

Matthew Shragge
General Manager
Twentynine Palms Water District

Please see below for our upcoming 2026/27 Public Works projects.

Site Project
Twentynine Palms High Stadium Improvements (Bleachers,
parking, concession stand, and storm
drainage)
Twentynine Palms High HVAC Upgrade- Gym
Twentynine Palms High Roofing
Twentynine Palms High HVAC/Roll-up door- CTE Construction Twentynine Palms High PA/Bell System Upgrades
Twentynine Palms Junior High HVAC Upgrade- Gym & MPR
Twentynine Palms Junior High Roofing
Twentynine Palms Junior High SPED Portable Building
Twentynine Palms Junior High New Administration Building Twentynine Palms Junior High PA/Bell System Upgrades
Condor Elementary Shade Structure
Condor Elementary SPED Portable Building
Condor Elementary SPED Play Equipment
Oasis Elementary Shade Structure
Oasis Elementary Shade Structure
Oasis Elementary SPED Play Equipment
Oasis Elementary Marquee Sign
Twentynine Palms Elementary Shade Structure
Twentynine Palms Elementary Roofing
Twentynine Palms Elementary HVAC Upgrade Rooms T13-20

Twentynine Palms Elementary PA/Bell System Upgrades
Twentynine Palms Elementary Marquee Sign
Palm Vista Elementary Roofing
Palm Vista Elementary SPED Play Equipment
Palm Vista Elementary Marquee Sign
Chaylin Couzens
Administrative Assistant, Maintenance & Operations/Facilities P: (760) 367-9191 X 4231 | [email protected]
Our Students. Our Community. Our Future.

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Mar 23 2026
SUBJECT: Investment Policy.

RECOMMENDATION:

The City Council review and approve the City's Investment Policy for FY 2025-26.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Council Questions of Staff
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Investment Policy
BACKGROUND:

Although it is no longer required by State law, it is generally recommended that each City approve its Investment Policy annually. Normally, the City has done this near the close of each Fiscal Year.

No changes were made to the current investment policy. In order to protect the City, the policy presented is minimal and restrictive in the type of investments permitted.

As of February 28, 2026, the City has investments in the following investment types:

Investment Type Amount % of Total
LAIF $11,081,208 58.4%
Certificate of Deposit $ 5,168,653 27.3%
U.S. Treasury Bills $ 2,030,009 10.7%
Funds Held in Trust $ 680,781 3.6%
Total $18,960,651 100%
*Market Value
All of the above investments are in compliance with the City's Investment Policy.

ENVIRONMENTAL:

Not applicable.

ALTERNATIVES:

The policy could be changed to allow other investments.

FISCAL IMPACT:

The policy is conservative relating to investments. Investment income has been budgeted for in FY 25-26.

1 CITY OF TWENTYNINE PALMS

STATEMENT OF INVESTMENT POLICY
Purpose This policy is intended to provide guidelines for the prudent investment of the City’s temporary idle cash, and outline policies to maximize the efficiency of the City’s cash management system. The ultimate goal is to enhance the economic status of the City while protecting its idle cash.

Objective The City’s cash management system is designed to accurately monitor and forecast expenditures and revenues; thus, enabling the City to invest funds to the fullest extent possible. The City will attempt to obtain the highest yield available as long as such investments meet the criteria established for safety and liquidity.

Policy The City of Twentynine Palms operates its temporary pooled idle cash investments under the prudent person rule. (California Civil Code Section 2261 which states, in essence, that “in investing… property for the benefit of another, a trustee shall exercise the judgment and care, under the circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs ...”) This affords the City a broad spectrum of investment opportunities as long as the investment is deemed prudent and is allowable under current legislation of the State of California (Government Code Section 56300 et seq.)
Investments may be made in the following media:
*Checking accounts or passbook savings account demand deposits with commercial banks
*Local Agency Investment Fund (LAIF) Demand Deposits
*Certificates of Deposit (or Time Deposits) placed with commercial banks *Treasury Bonds or Securities of the U.S. Government or its agencies *Negotiable Certificate of Deposit - as authorized in Government Code Section 53601(i), no more than 30 percent of the City Agencies Money may be invested in negotiable certificates of deposit issued by a nationally or state-chartered bank, a savings association or a federal association (as defined by Section 5102 of the Financial Code), a state or federal credit union, or by a state-licensed branch of a foreign bank. All purchases must be fully insured by the FDIC or fully collateralized.

2 Requirements Any Commercial Banks utilized must be fully insured by the Federal Deposit Insurance Corporation (FDIC) for at least $250,000. Any deposits in excess of the insured amount must be fully collateralized. When there is a significant doubt about the solvency of a governmental insurance agency, the financial institutions utilizing such an agency will also be required to collateralize all City deposits up to the insured amount in addition to such insurance. This requirement will continue until the insurance agency regains a financially healthy status. In utilizing any banks, a review will occur to ensure that the institution is in a sound financial condition.

LAIF Demand Deposits are limited to $75,000,000 per agency.

A minimum of three quotes will be required on all investments if quotes are the established standard of seeking the best rates, i.e. CDs. Efforts will be made to fully consider local institutions.

A competitive bid process, when practical, will be used to place all investment purchases, other than those that are classified as “new issue” securities.

Financial institutions that the City utilizes must annually submit audited financial statements. Interest must be paid at least semi-annually, quarterly, preferably monthly, and at maturity. Interest must be calculated based on a 360-day year.

Criteria
Criteria for selecting investments and order of priority are as follows:

Safety – The safety and risk associated with an investment refers to the potential for loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered very safe.

Liquidity – This refers to the ability to “cash in” at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the need for unexpected funds occurs occasionally.

3. Yield – Yield is the potential dollar earnings an investment can provide, and is sometimes described as the rate of return.

Safekeeping Securities purchased from brokers/dealers shall be held in third party safekeeping by the trust department of the City’s bank or other designated third party trust, in the City’s name and control, whenever possible.

City Constraints The basic premise underlying the City’s investment philosophy is, and will continue to be, to insure that money is always safe and available when needed.

Investments will not be made in the following media;

3 Amounts over $250,000 which is not collateralized. Negotiable and Non-negotiable Certificates of Deposits over $250,000 which are not collateralized.

Deposit requirement of periods exceeding 365 days. Deposit or Maturity requirement exceeding 5 years.

The City will generally not invest in an institution, which has not been in business for at least three (3) years or with assets less than $50 million. As an alternative the City may invest a maximum of $99,000 in such an institution.

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Mar 23 2026
SUBJECT: Acceptance of Work for the Luckie Park ADA Improvements Project.

RECOMMENDATION:

The City Council:

1. Accept the work completed by Roadway Engineering & Construction Corp as part of the above-mentioned project for a total contract cost of $96,934.00.

2. Direct the City Clerk to file the Notice of Completion for the contract work.

3. Direct the Finance Director to release the retained funds 30 days after the Notice of Completion has been filed, provided no claims are filed against the contractor.

ORDER OF PROCEDURE:

Request Staff Report (Community Development Director
Presenting)
Council Questions of Staff
Request Public Comment
Council Discussion
Motion/Second
Discussion of Motion
Call the Question
ATTACHMENTS:
• Notice of Completion- Luckie
Park ADA improvements
BACKGROUND:

On January 27, 2026, a contract for Construction of the Luckie Park ADA Improvement Project was awarded to Roadway Engineering & Construction Corp in the amount $98,399.00. The project consisted of removing nonADA compliant concrete in the Luckie Park's parking lot and surrounding building entrance areas, followed by the reconstruction of the areas to meet current ADA standards. The project location was noted as 74362 Joe Davis Drive, Twentynine Palms, CA 92277 on the grant application. Both the design and construction phases were fully funded by a Community Development Block Grant (CDBG) passed through the San Bernardino County (TPAL24-1-03G/0307).

The construction cost was under budget by $1,465. Project management from inception to completion has been conducted by Charles Collett from Charles Abbott Associates, Inc. Project Management costs are not reimbursable by the grant and will have to be absorbed by the General Capital Projects fund. Project management costs are projected to be between $30,000 and $35,000. City Staff will reach out to SBCTA to request funding approval for the project management costs from the Local Measure I program.

ENVIRONMENTAL:

N/A
ALTERNATIVES:

The City Council could choose to deny the completion of work and provide other recommendations.

FISCAL IMPACT:

The construction phase of this project is fully funded by a CDBG grant. Project management costs will be funded by the General Capital Projects fund, unless SBCTA approves the City's request to fund these costs with Local Measure I funds.

Recording Requested by:

City of Twentynine Palms
When Recorded mail to:

City of Twentynine Palms
Engineering Department
6136 Adobe Road
Twentynine Palms, CA 92277
Exempt from filing fees pursuant to
Government Code Section 27383.

SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY

NOTICE OF COMPLETION
(Public Improvement)
NOTICE IS HEREBY GIVEN, that

1. The undersigned, Richard Pedersen, is the duly appointed and qualified City Engineer of the owner of interest or estate stated below in the property hereinafter described:

2. The full name of the owner is: City of Twentynine Palms, a municipal corporation of the State of California, and which is located within the County of San Bernardino, in said State, and the address is 6136 Adobe Road, Twentynine Palms, California 92277.

3. That on the 27th day of January, 2026 and pursuant to approval of the City Council of the said City, the City entered into a contract with Roadway Engineering and Construction Corp., whose address is 3121 Indian Avenue, Perris, CA 92571, to perform the Luckie Park ADA Improvement, 74362 Joe Davis Drive, in the City of Twentynine Palms, and in accordance with the City of Twentynine Palms' Plans and Specifications.

4. That all said work or improvement was located at 74362 Joe Davis Drive in said City.

Address: 74362 Joe Davis Drive, Twentynine Palms, CA 92277 APN: 0623-161-13

5. That all of the said work or improvement contemplated in and under said contract was completed on March 9, 2026, and accepted by Council action on March 23, 2026.

6. That the Surety on the Performance Bond of said Contractor and the surety on the Labor and Material Bond of said Contractor, under said contract, was and is $98,399.00 and $98,399.00.

The undersigned states: That the City of Twentynine Palms, the political subdivision of the State of California conducted the proceedings for the improvement located at 6136 Adobe Road, in said City, described or referred to in the foregoing "Notice of Completion”.

I certify under penalty of perjury that the foregoing is true and correct. ____________________________________________DATE: March 23, 2026 Richard Pedersen, City Engineer,
of the City of Twenty-Nine Palms, California

STATE OF CALIFORNIA )

COUNTY OF SAN BERNARDINO )
CITY OF TWENTY-NINE PALMS )ss.

STAFF REPORT
TO: City Council
FROM: Finance Director
FOR MEETING: Mar 23 2026
SUBJECT: Project Closeout: Elm Avenue Project Funded under the Community Development Block Grant - Coronavirus (CDBG-CV) Homekey Set-Aside.

RECOMMENDATION:

Staff is recommending the following actions:

1. Hold a Public Hearing;

2. Review the results of the Elm Avenue Project funded under the Community Development Block Grant - Coronavirus (CDBG-CV) Homekey Set-Aside; and

2. Approve the closure of the project.

ORDER OF PROCEDURE:

Request Staff Report (Finance Director Presenting)
Questions of Staff
Open the Public Hearing
Request Public Comment
Close the Public Hearing
Discussion
Motion/Second
Discussion on Motion
Call the Question
ATTACHMENTS:
• Property Improvements
Pictures
BACKGROUND:

In July 2022, the City was awarded $713,175 from the Community Development Block Grant (CDBG) Homekey program administered by the Department of Housing and Community Development (HCD). The activities funded under this grant include the acquisition and rehabilitation of four residential units on a single lot with the objective of providing permanent housing for low-to-moderate income (50% or less of AMI) homeless veterans.

The City must follow the U.S. Department of Housing and Urban Development’s (HUD) closeout requirements for CDBG grant awards. One of the close out requirements is for the grantee to hold a Public Hearing to provide a status of the CDBG funded activities. The City must report on the following information at the Public Hearing:

1. Project progress/status of completion and expected timeframe to completion.

2. Results to date and projected totals, such as number of beneficiaries assisted, housing units completed, portion of project in service, or persons served.

3. Funds expended, balance of funds available, and budget expectations to completion.

1. Project Progress/Status: Page 105 of 1008
The four residential units, collectively known as the Elm Avenue Property (6937, 6939, 6941, and 6943 Elm Avenue), were acquired on December 22, 2021. Minor repairs and improvements were made to all the units upon acquisition, including installation of new windows and new carpet, bathtub replacement, paint work, A/C repairs, plumbing and water heater repairs, and electric repairs. The total cost of these minor repairs and improvements, which was funded with City general funds, was $47,808.

As part of the approved activities, the City completed the design of the ADA improvements for unit 6943 Elm Avenue; however, due to unforeseen issues with the relocation of the existing tenant, the relocation, and consequently, the ADA improvements were cancelled with the approval of HCD.

The family living at the 6937 Elm Avenue house had to be permanently displaced due to ineligibility for lowincome housing. The City followed relocation procedures prescribed under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and paid a total of $34,718 in relocating costs using grant funds.

Due to the significant damages done to the house, the City had to conduct a major rehab to bring the house up to housing/living standards. On November 12, 2025, City Council awarded the construction contract for the improvements to KNC Construction, Inc in the amount of $189,500. The improvements were completed within the approved contract budget in early January 2026, and the Notice of Completion was approved by City Council on January 27, 2026. The improvements included demolition of cabinetry, flooring, plumbing, and other components, electrical and plumbing upgrades, new cabinetry installation, new flooring, drywall repairs and painting (see attached photos). On January 29, 2026, the house successfully passed the inspection conducted by Reliant Inspections on behalf of the HACSB.

2. Results to Date and Projected Totals:

The City has 90 days after the agreement end date, March 31, 2026, to prepare and submit all the required closeout documentation to HCD. The acquisition and improvement activities of this project have been completed.

The four units are covered by a Housing Assistant Payment (HAP) contract between the City and the Housing Authority of the County of San Bernardino (HACSB). The units are reserved for HUD-Veterans Affairs Supportive Housing (VASH) program referrals received by HACSB from the Department of Veterans Affairs (Veterans Affairs), with case management and clinical services provided to the tenants by Veterans Affairs.

Two of the units (6939 Elm Avenue and 6943 Elm Avenue) have been successfully rented to qualifying veterans.

One referral has been received for unit 6941 Elm Avenue and is pending review and approval by HACSB. HACSB has also submitted referral requests to the Department of Veterans Affairs for the 6937 Elm Avenue house, however, no referrals have been received as of the date of this report.

The four units are restricted as affordable housing for a period of fifty-five (55) years commencing on February 26, 2026, the date the declaration of restrictive covenants was recorded. The four units shall be (a) restricted for rental to and occupancy by individuals or households whose annual income does not exceed the limits for fifty percent (50%) of the area median income for the County, adjusted for household size, as published by the Department of Housing and Urban Development or any successor thereto, and (b) rented at an affordable rent, as determined pursuant to Health and Safety Code section 50053, which as of the effective date is the product of thirty percent (30%) times fifty percent (50%) of the area median income for the County, adjusted for household size appropriate for the Unit (i.e., one person per bedroom plus one).

By the end of the closeout period, the City has to have at least three of the four units rented to qualifying individuals/families. City Staff is confident this activity requirement will be met before the deadline.

3. Project Cost Budget

The entire $713,175 grant has been fully obligated and spent as of the date of this report. The table below summarizes the project costs and funding sources utilized for this project.

Grant Funds General Fund Task Description
$511,126.09 Property Acquisition
$136,920.91 $52,579.09 House improvements
$34,718.00 Relocation Assistant cost
$23,900.00 ADA Design
$4,150.00 Asbestos and lead testing
$2,360.00 $47,807.67 Minor Repair and Improvements
$7,280.00* Project Management - CAA
$713,175 $107,666.76 TOTALS
*$5,280 of this total represents the actual cost spent up to February 2026. Approximately $2,000 is projected for services provided up until the project is fully closed with HCD. City Staff's time was not accounted for in this estimate.

On March 9, 2026, the City submitted its final reimbursement request with HCD in the amount of $136,920.21.

Other than the close out documents, no other activities are open or pending for this project.

This project could not have be completed without the support of dedicated individuals including Christina Benton, Deputy City Clerk, the Public Works crew, the Parks crew, Charles Collett from Charles Abbott, and HCD's team (Candye Anderson, Sue Southon, and Annalisa Verdugo).

ENVIRONMENTAL:

The Department of Housing and Community Development (HCD) has approved the NEPA Categorical Exclusion.

ALTERNATIVES:

The City Council could choose not to approve the closure of this project; however, this will delay the closeout phase and may prevent the City from receiving its final grant reimbursement.

FISCAL IMPACT:

All of the tasks funded by General funds have been budgeted for in FY 25-26.

STAFF REPORT
TO: City Council
FROM: Community Development Director
FOR MEETING: Mar 23 2026
SUBJECT: E-Group Solar Project.

RECOMMENDATION:

The City Council hold a Public Hearing, adopt four Resolutions, and conduct the first reading of four Ordinances entitled:

1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS,

CALIFORNIA AMENDING THE TWENTYNINE PALMS GENERAL PLAN TO ESTABLISH THE

RENEWABLE ENERGY (E) LAND USE DESIGNATION AND REDESIGNATE CERTAIN PROPERTY FROM RURAL LIVING/LOW DENSITY RESIDENTIAL DEVELOPMENT – 5-ACRE MNINIMUM (RL-5) TORENEWABLE ENERGY (E)

2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA

AMENDING THE TWENTYNINE PALMS GENERAL PLAN TO REDESIGNATE CERTAIN PROPERTY FROM RURAL LIVING/LOW DENSITY RESIDENTIAL DEVELOPMENT – 5-ACRE MNINIMUM (RL-5) TOSINGLE FAMILY RESIDENTIAL – 1 ACRE MINIMUM (RS-1).

3. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA REZONING CERTAIN PROPERTY FROM LOW-DENSITY RESIDENTIAL DEVELOPMENT – 5 ACRE MINIMUM (RL-5) TO RENEWABLE ENERGY (E).

4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA

REZONING CERTAIN PROPERTY FROM RURAL LIVING/LOW DENSITY RESIDENTIAL DEVELOPMENT – 5-ACRE MNINIMUM (RL-5) TOSINGLE FAMILY RESIDENTIAL – 1 ACRE MINIMUM (RS-1).

5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, ADDING CHAPTER 19.23 AND CHAPTER 19.141 TO THE TWENTYNINE PALMS DEVELOPMENT CODE.

6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA APPROVING CONDITIONAL USE PERMIT (CUP) 23-000009 TO AUTHORIZE THE DEVELOPMENT OF A 184-ACRE COMMERCIAL SOLAR FIELD PROJECT.

7. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA APPROVING DEVELOPMENT AGREEMENT 23-000001 FOR DEVELOPMENT OF A 184-ACRE COMMERCIAL SOLAR FIELD PROJECT.

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TWENTYNINE PALMS CERTIFYING ENVIRONMENTAL IMPACT REPORT (SCH NO. 2024021042) AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS.

ORDER OF PROCEDURE:

Request Staff Report (Community Development
Director Presenting)
City Council Questions of Staff
ATTACHMENTS:
• 2025-12-17 MDAQMD

Applicant Presentation
City Council Questions of Applicant
Open the Public Hearing
Receive Public Comment
Close the Public Hearing
City Council Discussion
City Council Determination
• Fire Department standards
• Adams Broadwell Response
Final 3.16.26
• Applicants Response to DEIR
Public Comments
• 1 Resolution Approving GPA
23-000001 final
• 2 Resolution Approving GPA
24-000001 final
• 3 Ordinance Approving
REZONING 23-000001 final
• 4 Ordinance Approving
REZONING 24-000001 final
• 5 Ordinance Approving DCA
23-000016 final
• 6 Resolution Approving CUP
23-000009 final w COA
• 7 Ordinance Approving DA23-
000001 with DA and COA
• 8 29 Palms Solar EIR Reso
SOC and MMRP 3.17.26
• Development Agreement
• 2024-06 site plan
• Vicinity Map
• 2026-03-23 Memo to Council
re correspondence received
after PC Page 120 of 1008
• 2026-03-03 Memo the PC with
correspondence
• 2026-03-03 memo to the PC
re correspondence received late
BACKGROUND:

E-Group (the “Applicant”) filed several applications for a commercial solar field on August 25, 2023 (the “Solar Project”). The project is located on Assessor's Parcel Numbers 0612-201-01 and 0612-201-05 (the “Property”), which are north of Two Mile Road, south of the city limits of the City of Twentynine Palms (“City”), west of the northerly extension of Noel's Knoll Road, and east of the northerly extension of Canyon Road. The Property is shown on Attachment 1.

The Solar Project is proposed on the northern 241 acres of the Property, and shall not exceed 184 acres in size, and approximately 160,000 solar panels arranged into rows of approximately 720 groundmounted solar panel racks each 104 feet wide and 252 feet long, separated by 20-foot wide service/maintenance drives. A total of approximately 170 inverters will be connected to the panels and consolidated throughout the solar field. The solar panels will be mounted on pilons, at a fixed 21 degree angle, facing south. Each module is rated at 395 WDC, with the capacity to generate approximately

51.35 to 63.2 MW, depending on the number of solar panels ultimately installed.

Power generated by the Solar Project will be routed to on-site transformers, and then via an underground line routed to the existing Southern California Edison substation located on the south side of Two Mile Road, east of Canyon Road. The interconnection line will extend from the Project’s south boundary down a new driveway (north of the existing Easy Street) to Two Mile Road, then westerly on Two Mile Road to the substation.

California law generally prohibits local agencies from approving actions that would require or permit less intensive residential uses of property than exist within an existing land use designation or zone without a concurrent corresponding increase in intensity of residential uses of property in other parcels in the jurisdiction, resulting in no net loss to residential intensity. Accordingly, as part of the applications submitted by Applicant, Applicant has proposed to redesignate and rezone 60 acres of the southern 236 acres of the Property from Rural Living/Low Density Residential Development – 5 Acre Minimum (RL-5) to Single-Family Residential, 1-Acre Minimum (RS-1), which would replace any loss in residential intensity that would otherwise occur from the Solar Project.

These applications, summarized, are as follows:

1. General Plan Amendment No. GPA23-000001: A request to amend the General Plan, including corresponding changes to the Land Use Map to establish a new “Renewable Energy” land use district over the northern 241 acres of the property which would permit the development of a commercial solar field, as defined, thereupon, notwithstanding Twentynine Palms Ordinance No. 249.

2. General Plan Amendment No. GPA24-000001: A request to amend the General Plan to redesignate 60 acres of the southern 236 acres of the Property from Rural Living/Low Density Residential Development – 5 Acre Minimum (RL-5) to Single-Family Residential, 1-Acre Minimum (RS-1). This request is a response to California law, which requires a "no net loss" of potential residential units. Accordingly, as currently designated, those 60 acres would allow for 12 dwelling Page 121 of 1008 units. After the proposed change in general plan designation, the same 60 acres would allow for 60 dwelling units, for a net gain of 48. This precisely makes up for the number of potential dwelling units lost in the northern portion of the project.

3. Rezoning REZ23-000001: A request to amend the Twentynine Palms Development Code, including corresponding changes to the Zoning Map to reflect the establishment of the “Energy” land use district over the northern 241 acres of the Property which would permit the development of a commercial solar field, as defined, thereupon notwithstanding Twentynine Palms Ordinance No. 249. More specifically, if approved, it would modify the existing zoning district designation on the site from Rural Living/Low Density Residential Development – 5 Acre Minimum (RL-5) to the new Renewable Energy (E) zone. If approved, the number of potential residential units to be developed on this property would be reduced from 48 to 0.

4. Rezoning REZ 24-000001: A request to amend the Twentynine Palms Development Code, including corresponding changes to the Zoning Map to redesignate 60 acres of the southern 236 acres of the Property from Rural Living/Low Density Residential Development – 5 Acre Minimum (RL-5) to Single-Family Residential, 1-Acre Minimum (RS-1). This request is in response to California Senate Bill 330, which requires a "no net loss" of potential residential units. If approved, the permitted residential development in this area would increase from 12 dwelling units to 60 dwelling units, an increase of 48. This precisely makes up for the loss of potential dwelling units in the northern portion of the project.

5. Development Code Amendment No. DCA23-000016: A request to amend the Twentynine Palms Development Code to establish the new Renewable Energy (E) land use/zoning district within the City’s Development Code, which, if approved, would generally allow for commercial solar fields subject to certain enumerated conditions.

6. Conditional Use Permit No. CUP23-000009: A request to authorize development of the Solar Project (defined below) on the northern 184 acres of the Property.

7. Development Agreement No. 23-000001: Providing Developer with a vested right to develop the Solar Project on the Property and establishing the Community Benefits provided by Developer to the public and listed below.

And finally, the City has prepared an Environmental Impact Report to analyze the potential environmental impacts associated with the proposed Project:

8. E-Group PS Environmental Impact Report, State Clearinghouse Number 2024021042 and Associated Findings of Fact and Mitigation Monitoring and Reporting Program: A request to certifying the Project’s compliance with the California Environmental Quality Act (CEQA) (Pub.

Res. Code, §§ 21000 et seq.).

Proposed Community Benefits
As noted above, the Development Agreement offers community benefits to the City in exchange for the vesting of rights to develop the Solar Project. The Community Benefits Package includes the following payments to the City's General Fund:

Payment Period Annual Payment Amount
Beginning of Construction through Construction
Completion $105,000 (about $571/acre)
Beginning of Operation, for three years $120,000 (about $652/acre) Three years after operation, until the fifth year $135,000 (about $734/acre)

Five years of operation to Cessation of
Operations * (assuming 30 years) $150,000 (about $815/acre) After year 5 of operations, these amounts would
be subject to an annual CPI increase
TOTAL over the life of the project (30 years): $5,445,000 (approximate) * it should be noted that an additional $15,000 is committed to youth organization(s) to help establish a location in Twentynine Palms
Significantly, these figures were presented to the City Council on June 24, 2025. At that time, the City Council gave preliminary concurrence that the proposed community benefits package was appropriate.

Below is a comparison between the community benefit package amounts for this Project per acre compared to other jurisdictions:

Jurisdiction Fee per Acre per Year
San Bernardino County $157.00 (for facilities larger than 15 acres) Riverside County $194.04 (in 2026)
Intersect Power (Fresno County) $21.06 (approximately)
E-Group Solar $571.00 (to start)
According to information provided by the City's Finance Director, the following information on the City's tax revenue and development impact fees are provided for Fiscal Year 24-25, and a comparison to the Community Benefit Package:

Tax / Fee
Category Amount
Community
Benefit
Package (to
start)
% of Amount
Community
Benefit
Package (at
end)
% of Amount
Sales Tax
Revenue - total
City wide
$1,561,763
$105,000 6.7% $150,000 9.6%
Most Sales Tax
Generated by
Single Taxpayer
$143,840
$105.000 73.0% $150,000 104.3%
Development
Impact Fees -
total
$126,217
$105,000 83.2% $150,000 118.8%
Most
Development
Impact Fees
paid by a single
entity
$72,264
$105,000 145.4% $150,000 207.6%
In short, the proposed Community Benefit Package would provide the same amount of revenue as 7% to 10% of the total annual sales tax revenue received by the City, and would generate the same amount of revenue, and eventually more, than the largest individual payer of sales tax within the City. If compared against the amount of Development Impact Fees that the City has received, the proposed Community Benefit Package would provide approximately the same amount, and eventually more, than the entire total amount of annual fees paid to the City for Development Impact Fees, and is more than twice that paid by any single contributor.

Summary of AB 205

The City of Twentynine Palms (“City”) currently has a ban on commercial solar fields. Recent legislation, Assembly Bill 205 (“AB 205”), which became effective immediately upon being signed by the Governor on June 30, 2022, has significant impacts on the City’s solar field ban. Specifically, AB 205 allows an applicant for a solar field project meeting certain criteria to have the State (i.e., the California Energy Commission or “CEC”) approve the proposed solar field, in which case the City’s ban would not apply.

Indeed, the express reason AB 205 was adopted was to allow renewable energy projects to be approved by the State in areas where local opposition exists. Should the State take land use jurisdiction over solar energy projects, the applicant would not be required to provide any public benefit to the City.

Although AB 205 requires some public benefit package to exist, the City would have no control over who receives the benefits and what it would be. More details related to the AB 205/CEC process are outlined below:
 Solar fields that have the capacity to generate more than 50 megawatts (MW) may qualify for this process.
 Through June 30, 2030, companies can seek siting approval and certification from CEC, with an expedited environmental review process, instead of obtaining permitting approval from local jurisdictions.
 Projects that obtain a CEC certificate are exempted from state, local, and regional agency permitting, and the CEC certificate supersedes any applicable state, local or regional agency statute, ordinance, or regulation. (Pub. Res. Code § 25545.1.)  There is also an expedited process for judicial review for any challenges brought under CEQA. (Id. at § 25545.13.)
 CEC will not certify a project unless it finds “that the construction or operation of the facility will have an overall net positive economic benefit to the local government that would have had permitting authority over the site and related facility.” (Pub. Res. Code § 25545.9.) And, there is a rebuttable presumption that a project that qualifies for the CEC process will have a net positive economic benefit. (Id.) “Economic benefits” are defined broadly to include employment growth, infrastructure and environmental improvements, property tax and sales tax revenue, and improvements to electric reliability.
 “The topics and specific terms in the community benefits agreement may also include, but not be limited to, funding for or providing specific community improvements or amenities such as park and playground equipment, urban greening, enhanced safety crossings, paving roads and bike paths, and annual contributions to a nonprofit or community-based organization that awards grants to organizations delivering community-based services and amenities.” (Id. at § 25545.10(b).)
 Note that while the CEC requires a community benefits agreement, the applicant must only enter into a community benefits agreement “with, or that benefit, a coalition of one or more communitybased organizations, such as workforce development and training organizations, labor unions, social justice advocates, community foundations, local governmental entities, California Native American tribes, or other organizations that represent community interests, where there is mutual benefit to the parties to the agreement.” (Id. at § 25545.10(a).) Thus, by the express language of the statute, it does not require that the applicant enter into a community benefit agreement with the local governmental entity; such entities are only one of the many parties that could benefit from such agreements.

Since this proposed Solar Project has a generating capacity of over 50 MW[1], it could quality for expedited CEC approval under AB205. If that occurred, the City would have no input on the community benefit package. In light of this, in order to retain some control over the land uses in the City, and without committing to any sort of ultimate approval, on May 23, 2023, the City Council directed Staff to accept the application instead of deferring to the State in order to see if an acceptable project and public

benefit package could be negotiated. After this initial direction was provided by the City Council, City Staff and the Developer negotiated the community benefits package described above that is contained with the Development Agreement that is attached as Exhibit 5 to the attached Resolution. Significantly, while the Planning Commission has the authority to review and provide recommendations on the Development Agreement (and the community benefits package that is contained therein), the Planning Commission should be aware that on June 24, 2025, the City Council reviewed the proposed fee structure and gave preliminary concurrence that the proposed community benefits package was appropriate.
[1] There has been significant discussion concerning whether the Solar Project would qualify under AB 205’s requirement that it have a “generating capacity over 50 MW.” Note that the Solar Project before the City for approval has not been submitted to the CEC for consideration under AB 205. The Applicant has stated that, should the City deny its application and should it submit the Solar Project for CEC approval under AB 205, it would meet this requirement (including any interpretation that required 50 MW of AC power), by increasing the number of inverters on the site that change DC power to AC power, without any further project or site modifications. Staff has no reason to dispute this statement. Based on Staff’s understanding of AB 205 requirements, the Solar Project either currently meets such requirements, or can be modified to meet such requirements. Therefore, this requirement does not appear to be an impediment to CEC consideration of the Solar Project.

Other AB 205 Projects
Given the recent adoption of the AB 205 process, most renewable energy applications submitted for review under the AB 205 process are still under review. According to the CEC, only one such application has been approved, the world’s largest combined solar and battery storage facility, a 1,150 MW facility located near Fresno (the “Fresno Project”). Eight other projects are currently under review by the CEC.

The Fresno Project is approximately 9500 acres or approximately 23 times larger than the proposed Project. Staff’s understanding is that the final benefits package equated to $2 million in investments to the Fresno community over a 10-year term. As noted above, this equates to $21.05/acre/year[2]. The majority of the funds did not go to the City, and instead were directed to community organizations such as the Valley Build Program, which is a pre-apprenticeship program cofounded and sponsored by the Building & Trades Council of Fresno; the Beyond Housing Foundation, formerly known as The Fresno Housing Education Corps, which is a nonprofit organization affiliated with the Fresno County Housing Authority; Fresno County Rural Transit Agency; Tree Fresno, which focuses on delivering relief in the form of shade trees to schools and other community partners; Centro La Familia, which supplies, free of cost, high efficient air conditioner window units to interested households; the Central California Food Bank; as well as funding to the Cantua Creek Elementary, Tranquility High School, and Westside Elementary School District for the sponsorship of an after school program and various upgrades.

Notably all of the funding provided as part of the community benefits package associated with the Fresno Project will go directly to community organizations identified by the project applicant and the CEC, not the City. Moreover, despite the size of the project, the total funding and the funds provided per acre per year is less revenue than proposed by Applicant to benefit the City of Twentynine Palms related to the proposed Project.
[2] While the project also included significant sales tax revenue, even when such revenue is included in the calculation of overall revenue obtained by the County, it is less than that proposed by the Community Benefits Package.

PLANNING COMMISSION REVIEW AND RECOMMENDATION:

This Project was originally before the Planning Commission on February 17, 2026. At that Hearing, there was one Planning Commissioner absent. The other Planning Commissioners took public testimony and reviewed the materials provided, and asked Staff and the Applicant a number of questions. At that time, the Planning Page 125 of 1008 Commission voted to continue the decision of the Planning Commission to the March 3rd hearing to further study the project, and to allow for the absent Planning Commissioner an opportunity to participate.

At the March 3rd Planning Commission meeting, the Planning Commissioners took further public testimony and reviewed the materials provided. After much discussion, the Planning Commission voted to forward the Project to the City Council for decision, acknowledging two Planning Commissions in favor of the Project (Walker and Paahana), two Planning Commissioners in opposition to the Project (Krushat and Garcia), and one in a neutral position (Cure). The primary concerns raised by the Planning Commissioners opposed to the Project related to their concern that the Community Benefits Package as reflected in the Development Agreement (DA) was not sufficient to justify the Solar Project. Those Commissioners in favor of the Project stated that they believed that the Community Benefits Package was sufficient and likely more than the City could expect to receive should the Applicant seek approval from the CEC pursuant to the process authorized under AB 205. The Planning Commission voted to forward their split recommendation to the City Council.

CORRESPONDENCE RECEIVED:

There are three memos attached to this Staff Report, one for correspondence received after the close of the Public Comment period of the EIR, those that were received prior to March 3 Planning Commission meeting, and one for the correspondence after the Planning Commission meeting.

FINDINGS:

All required findings for approval of each element of the project are located in the associated Resolutions and Ordinances attached to this Staff Report.

ENVIRONMENTAL:

A Notice of Preparation (NOP) of an Environmental Impact Report (EIR) was published on January 24, 2024, and was available for public comment until February 23, 2024. A public scoping meeting on the project and the EIR was conducted on March 21, 2024. After that time, the EIR has been under production. The Notice of Availability (NOA) of the Draft Environmental Impact Report (DEIR) was published on December 9, 2025, with a public review period of the DEIR ending on January 22, 2026.

An Environmental Impact Report has been prepared for the project due to potentially significant impacts to the environment. A copy of the Draft Environmental Impact Report can be accessed on the City’s website: https://www.ci.twentynine-palms.ca.us/index.asp?SEC=3D226431-DAD6-4B84-883CB324D70AFADE&DE=95C90BBB-EB3B-4AEB-9E89-8AEF16E8CC26.

The City received 47 comment letters on the DEIR. The applicant has provided preliminary responses to those comments, which have been included in the agenda packet.

The Final Environmental Impact Report consists of all responses received during the public review period, along with the responses to those comments. A copy of the Final Environmental Impact Report can be accessed on the City's website: City of Twentynine Palms Solar Project Final Environmental Impact Report SCH No. 2024021042 - Announcements - Twentynine Palms, California The EIR concluded that Aesthetic impacts are significant and unavoidable. Specifically, the Project would substantially degrade the visual character and quality of public views of the Project site and its surroundings. While the implementation of Mitigation Measures AES-1 and AES-2 would lessen these impacts, the significant grading of the Project site and transformation of the Project site from expansive undeveloped land to a solar farm would significantly impact the visual character of the Project site and public views of the Project site.

As such, a statement of overriding considerations has been prepared and is incorporated in Resolution No. _____. Specifically, CEQA requires a decision-making agency to balance the economic, legal, social, technological and other benefits, including region-wide or statewide environmental benefits, of a proposed project against its unavoidable environmental risks when determining whether to approve a project. Thus, in considering the statement of overriding considerations, the City Council will be required to determine whether the benefits of the Project outweigh its unavoidable adverse environmental effects.

As discussed above, the Project would provide substantial community benefits. It would also provide substantial environmental benefits, as it would expand the amount of renewable energy available to the City and region and reduce local and state dependence on fossil fuels, which would support the State of California’s renewable energy objectives. Thus, Staff believes the benefits of the Project are more than sufficient to justify adoption of a statement of overriding considerations.

The EIR concluded the following environmental impacts are less than significant with mitigation incorporated:

Biological Resources
Cultural Resources
Hazards and Hazardous Materials
Hydrology and Water Quality
All environmental mitigation measures are included as conditions of approval on the project.

The following environmental impacts were determined to be less than significant, with or without mitigation:

Energy Resources
Geology and Soils
Greenhouse Gas Emissions
Land Use / Planning
Noise
Population and Housing
Public Services
Recreational Resources
Transportation and Traffic
Tribal and Cultural Resources
Utilities and Service Systems
In the Final EIR, under Comment 35 from the California Department of Fish and Wildlife, the City agreed to change Mitigation Measure BIO-4 and BIO-8 for clarity. These two changes were inadvertently omitted from Section 3 of the Final EIR, and are hereby added to the Final EIR.

BIO-4:

Pre Construction Survey for Desert Kit Fox and Avoidance A pre-construction survey for Desert Kit Fox shall be conducted for by a Qualified Biologist familiar with desert kit fox within 10 days before initiation of site preparation or grading activities to determine the presence/absence of Desert Kit Fox. The Qualified Biologist shall conduct a pre-project survey to attain 100% visual coverage within the Project area and a minimum 500-foot buffer to determine the presence or absence of desert kit fox individuals, dens, and sign. The project proponent shall provide the results of the survey to CDFW prior to start of Project activities. The survey report should identify the status of all identified dens, include an estimate of occupancy, and detail the methodology utilized to support these conclusions.

If potential dens are located, they shall be monitored by the Qualified Biologist. Trail cameras may be used to assist with observation but shall not be the sole basis upon which the status is determined.

Permittee shall provide a determination if active dens can be avoided and buffered from Project activities to prevent take and disturbance with the survey results.

Should active Desert Kit Fox dens be present within the Project area that cannot be avoided with an adequate buffer, a Desert Kit Fox Relocation and Mitigation Plan shall be prepared by a qualified biologist in consultation with CDFW, and shall be implemented including protective measures such as the establishment of no disturbance buffer zones for active den and active natal den. No disturbance or relocation of active dens may take place when juveniles may be present and dependent on parental care.

Permittee shall block off inactive dens within the buffer zone with rocks and sticks to discourage use during Project activities and remove when construction is complete. The Qualified Biologist shall periodically check the inactive burrows remain blocked and are not reoccupied During Project activities including construction and decommissioning.

A report to evaluate the success of the relocation efforts and any subsequent re-occupation, if applicable, shall be provided at the end of the construction period. Data shall be readily available to the CDFW upon request. If an injured, sick, or dead desert kit fox is detected on any area associated with the project, the designated CDFW personnel at both the Ontario office and the Wildlife Investigation Lab shall be notified as described within the Desert Kit Fox Relocation and Mitigation Plan.

BIO-8
Avoidance and Minimization of Impacts to Potential Jurisdictional Aquatic Resources.

A 1602 Agreement shall be secured,if necessary, should Project designs change and affect jurisdictional waters identified in the Draft EIR. The following avoidance and minimization measures would be implemented when ground-disturbing activities occur within 25 feet of waters of the state and/or jurisdictional streambeds (i.e., jurisdictional aquatic resources):
 All jurisdictional aquatic resources within 25 feet of project activities shall be fenced or flagged as environmentally sensitive areas prior to any ground disturbance.  A biological monitor shall be present during construction activities within 25 feet of jurisdictional aquatic resources to ensure avoidance.
 Best Management Practices shall be implemented to avoid indirect impacts to jurisdictional waters, including:
 Water containing mud, silt, or other pollutants from grading or other activities shall not be allowed to enter jurisdictional aquatic resources or be placed in locations that may be subjected to high storm flows.  Spoil sites shall not be located within jurisdictional aquatic resources or in locations that may be subject to high storm flows, where spoils might be washed into drainages.  Raw cement/concrete or washings thereof, asphalt, paint or other coating material, oil or other petroleum products, or any other substances that could be hazardous, resulting from project-related activities, shall be prevented from entering jurisdictional aquatic resources.  Equipment maintenance shall occur outside jurisdictional aquatic resources and in such a manner that no petroleum products or other pollutants from the equipment enters on- or off-site state-jurisdictional aquatic resources either directly or indirectly.

ALTERNATIVES:

The Environmental Impact Report presented three alternatives to the proposed project, all of which were analyzed to provide the public and decision makers with options to consider ways to reduce the significant impacts of the project as required under CEQA.

The City Council could give direction to Staff should it decide not to approve the approve the Project.

FISCAL IMPACT:

A Community Benefit Package has been prepared for consideration by the City Council, which sets a schedule of payments for the applicant to the City over the life of the Project. As noted above, the Project is anticipated to generate approximately $5,445,000 in revenue over the life of the Solar Project.

The Applicant will also be responsible for all building permit fees and grading costs.

sm308 mg: Gom?mgmwmm2::
8 $930 mama/895H #08
Eamo?é?maa Hamowo?0:8
:: NA30:3. >= 092 08.90:
: 3
0: 9a 63..an:mm38:80: m::Ummm: 0: So w:mo::mmo: m<m=mEo8 :m m:”Em R 88550::m 9m: So. 095? 88.58 :5 ogaiowoammg ogmm:
mUs: GORE:
g 90 63..no: 1:5 Boa 08.33 US: 00:3: Em: WaQERBmamm::U5: 00:22 mwo: 10: m8 m<m=mEomm
08 :5 mama0:: 00:3: Em: mammoonEm588: w:HmEo
EomZU>OZU
126 38.m<wDamn: EH.OcmsQzmsmmmaoa gang A9330 :3 88789 :6 Wmnsam? m3 0035858 m2.9w QJégQisa wEBmmkjhocwmama38.and E uméoav?wso3:8? 125 36:33 @3388 So 9965962: ommooBBoBE mama8.8% o: 90 50363 :3 88m omm5.3-QO mxo9% Wm9503? $83» Sam/£83 5:9 1:5 8:: 38.02 2E :95 :5 3:518 moswam?o mo ommama@022. nivan 95,38 mammom/6?$83 2&2 955m
20 mamaé mam”onmmwosm. m9. @88on <38

68..@on 83 960mm man:mozm885m:
88le <38
mmamgsNEmEva; ommam/i<3: cm
mW05 $3538 Zohm<m0932 En 05:2 Emsmmmamz? 2min” man..92sz 08.32% 9.823 Ewom 31A ><m3cP$20229 n>mwwm~-~wpo umobbmbmmp wmobbmboww Q0 obm<m mmm: hr. Dam-Ex gunman—:2: Quinn 5050. e .0 . 30/ AW\\.. . «AV/V \m@5269:
m
mo
: 2:: ”En A8 >nmowBoE
wmg: ca0828 m:80: 38.on” 38 oosm?somos. Wow: @553 00:55st 09856503 9893 QQ omaéasQasa wmrsm Ema >33 Womm9? 8N3 5.55 mi»: >Qm505m=$So Ummao? 2% ESE._<_U>D U.nm.mo<@250 02.0 UmochaH Nowm Qmasa?

o 0639 U539 @335 m3 m3 meoazmbaocm3000mm3:653: 93 BM?:2 g 985? SEQ DEER WEa
NHoEar—?smv Q: Do” 55:8 8” 5833 0056530: msmwsom <39
m BmDCmmoEHod 383553 8:35:95 9m: 3 8 mo3&8 135% v5: m9.:5 860::st 8 8392 mumEmsism89583. 3, v5: :30 m3 acommosm Hammawsm 9mmEH8?38% 85de Ba m:3&3 $3.33“ 89255: :39 3 waamsm@8032 0 >5 mmngm armowmm?mm8953 EH3% Q3558: 0H ago/?g: omoxwmasm UEEEmm. mmcamSmEmogmmosa moéorm: mumanaemic: 335 8.0 33520 N:
o 125 3260ng 30:5 95:8 m:33$?ch 385 8:6? 2:: 09% Anmzmoawm >w. Womo?oam 00569030?03939: 3 098 885m @399: 8 3039” Sago mama?umama $05 o 0036; 2:: m:mgmomgo Swan 3 ”Em A8 I ?am?aymUS: 03:35 51m .3523: mumEH mus/55¢. Pom. o<\ 03m . \mmmm m; 0353 No335 ma?a mowm3 Coo $583?

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023

AUTHORITY
Sections 102.9, 103 and 104 of the 2022 California Fire Code (CFC) and Sections 4 and 8 of Ordinance 23- 01 of the San Bernardino County Fire Protection District Fire Code (Fire Code) state that the Fire Code Official of the San Bernardino County Fire Protection District (SBCFPD) shall have the authority to adopt policies, procedures, rules, and regulations in order to clarify the application of the Fire Code and to determine requirements not specifically provided for by the Fire Code. For further requirements on this subject, see sections 503.1 and 503.2 of the 2022 California Fire Code. This Standard may be modified with the approval of the Fire Code Official.

PURPOSE
The purpose of this Standard is to provide for roadways that allow for safe, quick and reliable access by emergency response fire apparatus onto premises to be protected.

SCOPE
This Standard shall apply to the design, construction and maintenance of all new fire apparatus access roads within the jurisdiction, as well as fire apparatus access roads at existing facilities when applied at the discretion of the Fire Code Official.

DISCLAIMER
These Standards may change without notice. Whenever applicable statutes, regulations and Standards are updated and adopted, the latest shall apply. Please contact the Community Safety Division at (909) 386-8400 to determine if these Standards have changed. These requirements do not exempt any individual from complying with other applicable state, county, or city codes and Standards.

SUBMITTALS
1) The applicant shall submit the plans and all required documentation online through the San Bernardino County EZOP website, https://wp.sbcounty.gov/ezop NOTE: If the project is in the City of Fontana please contact (909) 428-8890 for submittal information. 2) All pages of plans shall have a three-inch (3) by three-inch (3) box labeled “FOR FIRE DEPARTMENT USE ONLY” located in the bottom right corner of ever page for approval stamp. 3) Provide a scaled site plan or plot plan the following information at a minimum:
a) Location of all fire apparatus access roads and fire apparatus turnarounds for dead-end roadways. b) Dimensions indicating width, length, and radii of all turns for all fire access roads. c) Surfacing specifications of fire access roads, including pavement type and thickness. May also require a report from a registered engineer for certain conditions.

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
d) Gradient, camber (cross slope) and crown of all roadways used for fire access, indicated in percentage at regular intervals (can be submitted on a grading plan and with topographic lines). e) Locations of any types of obstructions to fire access roads. (See also SBCFPD standard A-3) f) The locations of all temporary and permanent structures, outside storage yards. g) Location of all fire protection water sources (hydrants, tanks, etc.). h) Locations of all parking areas, landscaping areas, walkways, and any other adjacent areas. i) Location of significant hazards (i.e., flammable or combustible liquids, hazardous materials, or LPG tanks).

DEFINITIONS
EMERGENCY VEHICLE ACCESS (EVA) - A road or other passageway developed to allow the passage of fire apparatus. An emergency vehicle access is not necessarily intended for vehicular traffic other than fire apparatus.

FIRE APPARATUS ACCESS ROAD - A road that provides fire apparatus access from a fire station to a facility, building or structure or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot drive aisle, driveway or access roadway.

AERIAL FIRE APPARATUS ACCESS ROAD - A roadway that provides a location for safe operation of aerial fire apparatus, such as a ladder truck.

GENERAL
1) All access roads shall meet minimum fire apparatus access road requirements, including width, distance, turnarounds and height limitations or as approved by the Fire Code Official. 2) Fire apparatus access roads shall be provided to within one hundred and fifty (150) feet of all exterior portions of the first story of every building, facility or structure as measured by an approved route around the exterior of the building or structure.
3) For the purposes of determining adequate fire access as discussed above, “approved route” is the distance measured along a path that simulates the route a firefighter may take to extend a hose line around the exterior of a structure from a fire engine parked on the nearest fire apparatus access road.

This shall be measured starting from the edge of the roadway or curb and up to the exterior wall of the building. Under most circumstances, the approved route will not be a straight line. Fences, planters, other structures, topography and any significant changes in elevation must be considered when determining whether a building or structure is accessible from a particular location on the fire access roadway. (See Diagram A-1.1)

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023

NUMBER REQUIRED
1) For new residential development, additional points of access will be determined by the number of existing or future dwelling units that the roadway will provide fire access to, as well as by measuring the length of the roadway.
a) For one and two-family developments, a minimum of two points of access, meeting the requirements of the SBCFPD Standards are required when serving more than thirty (30) dwelling units.
2) In all commercial, multi-family and industrial development, a minimum of two or more separate points of fire access into a site or premises, which meet the requirements of the SBCFPD Standards shall be provided whenever fire apparatus access roadways are required onsite. (See Diagram A-1.3) a) For development projects that are constrained with practical difficulties in providing two points of fire access, one point of fire access for emergency ingress and egress shall be allowed at the discretion of the Fire Code Official if it is unobstructed with no gates or other barriers, provides a minimum of thirty-five (35) feet in width, and provides access to buildings or structures with a combined aggregate square footage totaling no more than sixty-two thousand (62,000) square feet and no more than thirty (30) feet or three (3) stories in height. b) When a secondary point of fire access into a development is required, it may be permitted to be an Emergency Vehicle Access (EVA) with the approval of the Fire Code Official. The EVA shall be secured with a gate or other barrier acceptable to the Fire Code Official. (See SBCFPD Standard A3.) 3) To be considered a separate point of fire access, such access shall be located at least one half (1/2) of the diagonal distance of the development area served, apart from another point of fire access. This requirement may be modified due to practical difficulties as described above with the approval of the Fire Code Official.
4) The Fire Code Official is authorized to require more than two means of fire access based on the potential for impairment of roadways by vehicle congestion, condition of terrain, proximity to wildfire risk areas, or other factors that could limit access. In addition, certain uses or areas may require additional provisions for evacuation of large numbers of the public during major disasters.

LOCATIONS
1) In all development except one and two-family residential, fire access roads shall be located according to the following:
a) Whenever possible, access roads shall run parallel to the entire length of the building.

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
b) The roadway shall not be closer than ten (10) feet or farther than thirty (30) feet from the building as measured from the face of the curb or edge of the access roadway to the exterior wall or projection of the building or structure. (See Diagram A-1.4) c) Where aerial fire apparatus roads are required as defined in this Standard, access roads shall be located along multiple sides of the building as approved by the Fire Code Official, to facilitate aerial ladder operations.
d) Buildings less than 50,000 square feet and greater than 100 feet in depth shall be provided with fire access roadways on two (2) sides, one of which shall be on the longest side. e) Buildings that are 50,000 square feet or larger shall have fire access roadways provided on three (3) sides, two (2) of which will be on the longest sides. f) Buildings which exceed 100,000 square feet shall have fire access roadways provided on all sides. g) Buildings that are four (4) or more stories or forty (40) feet or more in height shall have fire access roadways provided on all sides.
2) For facilities where fire apparatus access is needed but where no occupiable structures exist, a twentysix (26) foot wide road shall be provided around the entire interior perimeter of the facility, with interior access roads twenty (20) feet wide and spaced no further than six hundred (600) feet apart.

DIMENSIONS
1) Fire apparatus access roadway width shall be measured from the face of a vertical curb, the edge of the roadway pavement, flow line of a rolled curb, or the projection of a building. (See Diagram A-1.5) 2) Fire apparatus access roadways serving all buildings, structures or facilities, shall be a minimum of twenty-six (26) feet in unobstructed width. See (a) through (d) below for exceptions. a) Residential driveways that provide fire access to not more than two (2) single family dwellings and accessory structures shall be a minimum of twelve (12) feet in width. b) Fire apparatus access roadways serving buildings that are three (3) or more stories or thirty (30) feet or more in height shall be a minimum of thirty (30) feet in unobstructed width. c) When approved by the Fire Code Official, in Mountain Region areas as designated by the County or where topographical constraints exist, fire apparatus access roads that are less than the minimum width, but no less than twenty (20) feet in width, shall be permitted. Such roadways shall have turnouts that are a minimum of six (6’) feet in width and fifty (50’) feet in length and spaced at approximately every six hundred (600’) feet. If fire hydrants are located on access roads, the turn-out shall be located at each fire hydrant and other points as determined necessary for fire protection and emergency response. (See Diagram A-1.8)

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
d) One-way fire access roadways and roadways that have raised medians shall have an unobstructed one-way width of twenty (20) feet with signage posted ‘per SBCFPD Standard A-2. Such medians shall be a maximum of fifty (50) feet in width except where approved by the Fire Code Official.

Roadways with raised medians shall have intersections or median breaks located a maximum of six hundred (600) feet apart or as approved by the Fire Code Official. (See Diagram A-1.7) 3) All fire access roadways shall be no less than fourteen (14) feet six (6) inches in unobstructed vertical clearance, as measured from the roadway surface at the highest elevation to the lowest point of any obstruction.
4) All dead-end fire access roadways that exceed one hundred fifty (150’) feet in length shall be provided with a turn-around in accordance with the “TURNAROUNDS” section of this Standard. The length of a roadway for the purposes of this Standard shall be measured from (A) the center line of the intersecting roadway that provides at least two points of access to (B) the center point of the deadend roadway terminus, such as a cul-de-sac or other turnaround. (See Diagram A-1.2) The maximum length of dead-end fire access roadways shall be:
a) Six hundred (600) feet in length in all residential and commercial development. b) One thousand (1000) feet in length in industrial development. c) Three hundred fifty (350) feet in length for development within a Fire Safety Overlay District as defined by the County Development Code.
5) Parking of vehicles shall not be allowed to obstruct fire apparatus access at any time. The following criteria shall be used to determine parking allowed on fire access roadways:
a) Parking is not permitted on roadways that are less than thirty-two (32) feet in width. b) Roadways that are a minimum of thirty-two (32) feet in width but less than forty (40) feet in width may have parallel parking on one (1) side of the roadway in accordance with County or City Standards.
c) Roadways that are a minimum of forty (40) feet in width may be designated to have parallel parking on both sides of the roadway. For higher density development, public or private streets that are a minimum of thirty-six (36) feet in width may be allowed to have parking on both sides of the street with the approval of the Fire Code Official, taking into consideration additional access provisions and other factors.
d) In addition, parking that is perpendicular or diagonal to the edge of the roadway shall not obstruct the required minimum width of twenty-six (26) feet for fire access. (See Diagram A-1.6)

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023

SURFACE
1) All fire access roadway surfaces, except for driveways providing fire access to no more than two (2) single family dwellings or accessory structures, shall be capable of support for a fire apparatus with a gross vehicle weight of 75,000 pounds (lbs.) For design purposes, fire apparatus weight is distributed as 55,000 lbs. on the rear dual axles and 20,000 lbs. on the front axle. When required by the Fire Code Official, the design of fire access roadways shall bear the stamp of a registered professional engineer in order to verify that they meet this requirement.
2) Fire access roadways shall be paved with a concrete or asphalt material in order to provide “all weather” safe driving conditions. The appropriate thickness of surface materials and base materials shall be determined by a qualified engineer and subject to the approval of the County or City having jurisdiction.
3) Planted materials that are retained by an engineered solid system such as “Turf Block®” or “Grasscrete®” may be used for fire apparatus access surfacing, with approval of the Fire Code Official, for limited or isolated areas no more than fifty (50) feet in length and where road grades do not exceed two percent (2%). Such areas shall be clearly signed as Emergency Vehicle Access per SBCFPD Standard A-3, Diagram A-3.1. These, as well as other alternate paving materials such as stone, concrete pavers, chip seal or slag, shall be evaluated based on their ability to support imposed load of a fire apparatus and shall be immediately recognizable to emergency responders as a drivable surface. 4) Where no paved roadways exist, and road grades do not exceed eight percent (8%), and where serving not more than two (2) one or two family dwellings or accessory buildings, roads may be constructed with approved native materials or gravel compacted to eighty-five percent (85%) compaction. 5) Where serving facilities with no permanent occupiable structures, the Fire Code Official may allow alternate fire access roadway surfaces that are designed or evaluated by a qualified professional engineer and that demonstrate equivalent reliability and stability.

GRADIENT
1) Generally, the grade of a fire apparatus access road shall be a maximum of twelve percent (12%) at any point.
2) Fire apparatus access roadways or driveways may be increased to fourteen percent (14%) for a distance not to exceed 500 feet with the approval of the Fire Code Official. 3) The grade of a driveway providing fire access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen percent (16%) for a distance not to exceed 500 feet in areas in which County or City Development Codes allow such increases and with the approval of the Fire Code Official.

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
4) Grades across the width of a road section or within a turnaround area as described below shall not exceed five percent (5 %).
5) In order to accommodate proper angles of approach and departure, gradient in fire access roads shall not exceed a five percent (5%) change along any ten (10) foot section. (See Diagram A-1.9)

TURNING RADIUS
1) All turns within fire access roadways that accommodate two-way traffic of fire apparatus shall be a minimum of nineteen feet (19’) inside radius and forty-five feet (45’) outside radius. (See Diagram A1.10) 2) Fire access roadways that accommodate one-way traffic of fire apparatus, as well as roadways that have limited traffic such as onsite drive aisles, shall be a minimum of nineteen feet (19’) inside radius and thirty-one feet (31’) outside radius. (See Diagram A-1.10) 3) Subject to the approval of the Fire Code Official, a computer model fire apparatus turning template with the below dimensions can be used for determining the appropriate radius. a) Fire engine wheelbase of one hundred eighty-three inches (183”) and with an overall length of three hundred twelve inches (312”).
b) Aerial apparatus with a tractor wheelbase of one hundred eighty inches (180”) and a tiller wheelbase of three hundred sixty inches (360”) with an overall length of seven hundred thirty-two inches (732”).
4) A minimum fifty (50) foot straight section of roadway must be provided between radius turns within fire access roadways, measured from the end of one radius turn to the beginning of the next. (See Diagram A-1.11) A turning template may also be used to modify this requirement.

TURNAROUNDS
1) An approved fire apparatus turnaround in accordance with this section is required when fire access roadways exceed one hundred fifty (150) feet in length. 2) Driveways, alleys, and other private roadways that are not intended for public access may provide a “hammerhead” style turnaround. (See Diagram A-1.12)
3) Public and private streets that are intended for public right-of-way access shall terminate in an approved cul-de-sac with a minimum radius of forty-five (45) feet. Within higher density development, cul-de-sacs that are a minimum of thirty-eight (38) feet in radius may be allowed with the approval of the Fire Code Official, taking into consideration potential for parking and other factors. (See Diagram A-1.13)

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023

INSTALLATION
1) All fire access roadways required by the Fire Code and this Standard shall be installed to an extent that will provide all-weather paved access for emergency vehicles prior to combustibles being brought to the site or combustible construction taking place. The Fire Code Official shall determine the adequacy of fire access roads during construction.
2) All secondary points of fire access, including those that are EVA only, shall be installed prior to the first phase or the beginning of combustible construction. Subject to the approval of the Fire Code Official, additional points of access may be installed during later phases of construction, provided all other requirements of this Standard are met and all access roads and points of access are installed prior to final for occupancy.
3) Prior to final approval for any development project, fire access roadways shall be complete with final lifts of asphalt, curbs and gutters, fire hydrant markers in accordance with SBCFPD Standard W-2, and approved signage and striping in accordance with SBCFPD Standard A-2.

TEMPORARY FIRE ACCESS ROADS
1) When approved by the Fire Code Official, temporary access roads that meet all applicable requirements of SBCFPD Standards may be installed during construction in lieu of permanent access roadways and maintained in place for a maximum period of one (1) year. 2) Temporary fire access roads shall be designed by a registered professional engineer and submitted to the SBCFPD for approval in accordance with this Standard. Such roadways may be designed and constructed of any materials that will provide safe, all-weather drivable surface, provided these are evaluated by the design engineer and meet all applicable requirements of this Standard.

MAINTENANCE
1) All fire apparatus access roads, private or public, shall be maintained unobstructed and in safe, drivable condition for emergency vehicle access, at all times by the property owner or other responsible party.
2) In areas subject to snowfall, all roadways used for fire access shall be cleared of snow and repaired on a continual basis.
3) Landscaping and any other vegetation shall be maintained and cleared horizontally from the edges and extending vertically to fourteen (14) feet, six (6) inches in height for all fire access roads.

Consideration should be given as to the size of mature growth, for each species, so plants will not impede firefighting operations or access.
4) All roadways as well as cul-de-sacs and other required turnarounds shall be free of obstructions, including storage or the parking of vehicles.

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023

RECIPROCAL EMERGENCY AND FIRE APPARATUS ACCESS ROADS
1) Emergency and fire apparatus access roads passing through multiple parcels shall have reciprocal agreements complying with the requirements of the San Bernardino County Fire Protection District Fire Code Ordinance, Section 32.

FIREFIGHTER ACCESS TO BUILDINGS
1) Fences, walls, landscaped areas, or other obstructions that may inhibit firefighters from extending hose lines from a fire apparatus parked on a fire access roadway to any building shall have a minimum four-foot (4’-0”) gates or openings provided, at locations acceptable to the Fire Code Official. 2) A minimum four foot (4’-0”) paved pathway shall be provided from fire access roadways to all fire access doors.

FIRE ACCESS ROADS WITHIN STATE RESPONSIBILITY AREAS AND STATE PROJECTS 1) Title 14, California Code of Regulations, State Responsibility Areas Fire Safe Regulations shall be met or exceeded in all developments within State Responsibility Areas, Very High Fire Hazard Severity Zones, and State regulated projects within San Bernardino County Fire Protection District’s jurisdiction. See SBCFPD Standard SRA-1.

AERIAL FIRE APPARATUS ACCESS ROADS
1) Approved aerial fire apparatus access roads shall be provided for buildings that are three (3) stories or more or 30 feet or more in height. Aerial fire apparatus access roads shall have a minimum unobstructed width of thirty (30) feet.
2) Overhead utilities, power lines and any other items that could be considered obstructions shall not be located within the aerial fire apparatus access area. 3) Aerial fire apparatus access shall be provided in locations to enable rapid and safe access to the roof of the building. The locations of all roof access points shall be approved by the Fire Code Official.

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
DIAGRAM A-1.1: ROUTE OF TRAVEL AROUND BUILDINGS
DIAGRAM A-1.2: METHOD OF MEASURING CUL-DE-SAC LENGTH

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
DIAGRAM A-1.3: MULTIPLE POINTS OF ACCESS

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
DIAGRAM A-1.4: SIDES OF BUILDING ACCESS

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
DIAGRAM A-1.5: ROADWAY MEASUREMENT DETAIL

ACCESS ROADWAY

ACCESS ROADWAY
Face of
curb
Face of
curb
Edge of
roadway
Edge of
roadway
Flow
line
Flow
line

ACCESS ROADWAY

CURBED ROAD

FLAT ROAD

ROLLED CURB

ACCESS ROADWAY
Edge of
roadway
A) MIN. 26' MEASURED FROM EDGE OF PROJECTION FROM BUILDING IF LOWEST POINT OF PROJECTION IS LESS THAN 14'6" FROM HIGHEST ELEVATION OF ACCESS ROADWAY >14'6" < 14'6"
B) MIN. 26' MEASURED FROM EDGE OF PROJECTION FROM BUILDING IF LOWEST POINT OF PROJECTION IS EQUAL TO OR GREATER THAN 14'6" FROM HIGHEST ELEVATION OF ACCESS ROADWAY Edge of
roadway
MIN. 26' MEASURED FROM FLOW LINE
MIN. 26' MEASURED FROM EDGE OF ROADWAY
MIN. 26' MEASURED FROM FLOW LINE

EDGE OF BUILDING OR PROJECTION

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
DIAGRAM A-1.6: PARKING ON FIRE ACCESS ROADWAYS
26' MINIMUM UNOBSTRUCTED
ACCESS

PARKING

ALLOWED

NO PARKING

FIRE LANE

NO PARKING

FIRE LANE
26' MINIMUM UNOBSTRUCTED
ACCESS

PARKING

ALLOWED

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
DIAGRAM A-1.7: ROADWAY MEDIAN BREAKS
DIAGRAM A-1.8: ROADWAY TURNOUT DETAILS
20' MINIMUM
600' MAXIMUM

BETWEEN

BREAKS IN
MEDIAN
50'

MAXRAISED MEDIAN

ONE WAY ONLY
20' MINIMUM

ROADWAYS WITH RAISED MEDIAN ONE WAY FIRE ACCESS
6' MIN.
50' MIN. LENGTH
600' MAXIMUM BETWEEN

TURNOUTS

TURNOUTS SHALL BE PROVIDED AT EACH HYDRANT
AND OTHERWISE REQUIRED BY THE SBCoFD

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
DIAGRAM A-1.9: ROADWAY GRADE DETAIL
DIAGRAM A-1.10: TURNING RADIUS DETAIL
19'
45'
45'

FIRE ACCESS ROAD

TWO-WAY TRAFFIC
20'
32'
32'
20'

FIRE ACCESS
ROAD

ONE-WAY

TRAFFIC
26'
26'
6"
10'-0"
≤ 5%
Roadway

SAN BERNARDINO COUNTY FIRE PROTECTION DISTRICT

COMMUNITY SAFETY DIVISION
620 South ‘E’ Street
San Bernardino, CA 92415-0179
(909) 386-8400

FIRE PREVENTION STANDARD

FIRE APPARATUS ACCESS ROAD DESIGN, CONSTRUCTION AND MAINTENANCE

Standard Number
A - 1
Revision Date:

July 1, 2023
DIAGRAM A-1.11: ROADWAY CURVES DIAGRAM A-1.12: HAMMERHEAD TURNAROUND DETAIL

DIAGRAM A-1.13: CUL-DE-SAC TURNAROUND DETAIL
50'
R 19'
R 45'
26'
R= 38'-45'

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

CITY OF TWENTYNINE PALMS

SOLAR PROJECT

RESPONSE TO ADAMS BROADWELL JOSEPH & CARDUZO
On February 14, 2026, Adams Broadwell Joseph & Carduzo submitted a letter to the Planning Commission prior to its hearing of February 17, 2026.

The letter provided comments relating to the City of Twentynine Palms Solar Project Environmental Impact Report (EIR, SCH No. 2024021042), three weeks after the end of the public comment period, which closed on January 22, 2026. The firm also submitted two letters during the public review period. The following has been prepared for the City Council to provide the Councilmembers with complete information on the comments received by the public on this Project. The comments are provided below, followed by the City’s response. The complete comment letter is appended to this report.

Comment 1.A. On behalf of Citizens for Responsible Industry (“Citizens”), we submit these comments on Agenda Item No. 3, the E-Group Solar Project (“Project”), proposed by E-Group PS, LLC (“Applicant”). The Project includes the proposed development of a 50 megawatt (“MW”) commercial solar array on the northern 241± acre section of a 477± acre site that is currently vacant, undeveloped land. Proposed entitlements include two General Plan amendments (“GPAs”), two rezonings, a Development Code amendment, a conditional use permit, and a Development Agreement (GPA Nos. 23-000001, 24-000001; DCA No. 23-000016; Rezone Nos. 23- 000001, 24-000001; CUP No. 23-000009; DA No. 23-000001). The Project site is located north of Two Mile Road, south of Amboy Road (extended) and west of Noel Knolls Road in the City of Twentynine Palms, San Bernardino County, California (Assessor Parcel Numbers: 0612-201-01 and 0612-201-05).

Citizens respectfully requests that the Planning Commission continue this hearing to a later date after the City has considered and responded to all public comments on the DEIR, and until the City fully complies with the California Environmental Quality Act (“CEQA”).

Response 1.A. The comment is noted, but provides only a description of the Project, and a broad request for continuance. Responses to specific environmental issues are provided below.

Comment 1.B. The City of Twentynine Palms (“City”) prepared a Draft Environmental Impact Report (SCH No. 2024021042) (“DEIR”) for the Project, but has not yet prepared or released the Final EIR (“FEIR”) or responded to public comments received on the DEIR. The Staff Report explains that the City received forty-seven (47) comment letters on the DEIR from agencies and members of the public. However, none of the comment letters are attached to the Staff Report. The Applicant states that they prepared preliminary response to ten (10) of the letters (“Applicant Responses”), which are attached to the Staff Report. But the Staff Report explains that City staff are still working on the City’s responses to public comments, and

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

states that the FEIR will not be released until after the Planning Commission hearing:

Planning staff is still in process of finalizing the responses to comments, which will be available at least ten days before City Council review of the Project as required by CEQA Guidelines Section 15088 and will be incorporated into the Final EIR that is presented to the City Council prior to the Project's approval. Those who provided comments during this time will be provided responses to those comments prior to certification of the Final EIR by City Council.

The Staff Report demonstrates that the City has not completed its environmental review of the Project, and has not yet prepared a Final EIR in compliance with CEQA. The Staff Report nevertheless asks the Planning Commission to recommend that the City Council certify the Final EIR and adopt the Project’s final Mitigation Monitoring and Reporting Program (“MMRP”) – despite the fact that neither document exists, and neither document has been presented to the Planning Commission. The draft resolutions attached to the Staff Report similarly acknowledge that “the City is still in process of finalizing the Responses to Comments, which will be…incorporated into the Final EIR”, but nevertheless ask the Planning Commission to “recommend[] that the City Council certify the Final Environmental Impact Report SCH No. 2024021042, adopt the MMRP, and adopt the related Statement of Overriding Considerations” and adopt the proposed General Plan amendments, rezoning, and other entitlements. The proposed recommendations are premature, in violation of CEQA and the Municipal Code, and unsupported by substantial evidence in the record.

First, the Planning Commission cannot recommend certification of the FEIR or MMRP when public comments are still being evaluated, and final mitigation measures and alternatives are still under consideration. CEQA requires the lead agency to consider all comments received on the Draft EIR, and prohibits certification of an EIR unless all feasible mitigation and alternatives have been incorporated into the project to mitigate or avoid significant effects on the environment. Moreover, when a final EIR makes important changes to the draft EIR, such as revising an impact conclusion, adding an alternative, or changing a mitigation measure, the EIR must be recirculated for additional public review and comment. The City has not finished considering public comments, and may need to add or revise mitigation measures, consider new alternatives, or recirculate the DEIR in response to evidence presented by commenters. The Planning Commission cannot recommend certification of the EIR until the City completes these steps.

Second, under CEQA, the EIR must reflect the lead agency’s independent judgment and analysis. In recommending approval of the EIR, MMRP and Project entitlements, the Planning Commission has a duty to exercise independent judgment in determining whether the EIR includes all necessary mitigation and alternatives to reduce the Project’s significant impacts to the greatest extent feasible. The Commission cannot exercise

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

independent judgment over the adequacy of the FEIR and final mitigation measures if they do not yet exist.

Finally, the City’s approval findings for the Project’s entitlements must be supported by substantial evidence. The Planning Commission lacks substantial evidence to support the findings to recommend approval at this time because the substantial evidence in public comments from agencies, members of the public, and experts (including these comments) demonstrate that the Project has significant, unmitigated environmental and public health impacts that the DEIR fails to disclose or mitigate. The draft resolutions ask the Commission to find that the Project’s proposed GPAs, rezoning and other entitlements are supported by the DEIR (not the FEIR), that there is no evidence in the record of adverse, unmitigated effects on public health or safety, and that the proposed land use amendments “will not adversely affect the existing community.” The proposed findings are entirely unsupported and contradicted by the record which demonstrates that the Project has significant, unmitigated public health impacts from Valley Fever, unmitigated biological resources impacts on special status species, among other impacts. The Commission cannot recommend approval of the Project’s entitlements based on unsupported findings.

The Planning Commission should defer its consideration of the Project until the City has considered and responded to all public comments on the DEIR, including Citizens’ comments, revised and recirculated the EIR to comply with CEQA, and prepared a legally adequate FEIR. Until then, the City cannot approve, or recommend approval, of the Project or its entitlements.

Citizens reserves the right to submit additional comments on the DEIR and the FEIR at later hearings and proceedings on the Project.

Response 1.B. The commenter’s opinions are noted, and specific responses to environmental issues are provided below. The commenter is correct that the City cannot certify the EIR without full disclosure of the comments received and the responses to those comments. However, as is clearly the case here, the Planning Commission was not asked to certify the EIR or approve the Project. It considered all of the evidence in the record at the time of its hearing, which included public comments at two hearings, including the commenter’s comments, as well as the contents of the Draft EIR, and it made a recommendation to forward the Project, including the EIR, to the City Council for its consideration. That action was consistent with Section 15025 of the CEQA Guidelines, which provides that “[w]hen an advisory body such as a planning commission is required to make a recommendation on a project to the decisionmaking body, the advisory body shall also review and consider the EIR . . . in draft or final form.” The City released the Final EIR for public review and provided it to all commenters on March 5, 2026, well in advance of the 10 days required under CEQA for the distribution of the Final EIR to commenters prior to its consideration for certification.

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

Comment 1.C. I. SUMMARY OF COMMENTS
On January 22, 2026, Citizens submitted preliminary comments on the DEIR which explained that the City’s failure to comply with its procedural and substantive duties under CEQA prevented Citizens’ from conducting a full and meaningful analysis of the Project and its potential impacts. In particular, the City failed to provide access to critical DEIR reference documents during the public comment period and declined to extend the public comment period, in violation of CEQA.

Response 1.C. The commenter references a letter which was included in the Final EIR. As stated in Response 15.B of the Final EIR:
“The commenter’s interpretation of CEQA is incorrect. As provided in the City’s email of January 5th, CEQA only requires the City to provide the address where documents incorporated by reference in the DEIR can be reviewed. CEQA section 21092(b)(1) includes public notice requirements for agencies preparing environmental impact reports or negative declarations. It provides, in relevant part “[t]he notice shall specify . . .the address where copies of the draft environmental impact report or negative declaration, and all documents referenced in the draft environmental impact report or negative declaration, are available for review….” (Pub.

Res. Code, § 21092(b)(1).) CEQA Guidelines section 15087(c)(5) clarifies that the notice shall specify “[t]he address where copies of the EIR and all documents incorporated by reference in the EIR will be available for public review. This location shall be readily accessible to the public during the lead agency's normal working hours.” (14 Cal. Code Regs., § 15087(c)(5).) CEQA Guidelines section 15087(c)(5) was amended effective 2018 to clarify that the term “referenced in the draft environmental report” for the purposes of CEQA section 21092 and CEQA Guidelines section 15087 means “incorporated by reference” as described in CEQA Guidelines section 15150.1 In its comments on the amendment, the Governor’s Office of Planning and Research observed that “if the requirement for the lead agency to make documents available for public inspection were to include all documents simply referenced or cited in an EIR or negative declaration, the requirement would be burdensome, unnecessary and unreasonable on lead agencies.” These authorities clarify that CEQA requires that the City provide notice of the address where all documents incorporated by reference in the DEIR are available for public inspection. The City has complied with these requirements and provided the information requested by the commenter in multiple emails on January 5th, January 8th, and February 11th, 2026.”
Comment 1.D. Citizens has reviewed the DEIR and recently produced DEIR reference documents with its experts, and concludes that the DEIR fails to comply with CEQA. Based on our review, it is clear that the DEIR fails as an informational document under CEQA and lacks substantial evidence to supports its conclusions that the Project’s significant impacts would be mitigated to the 1 Governor’s Office of Planning and Research, November 2017 Proposed Updates to the CEQA Guidelines [https://opr.ca.gov/docs/20171127_Comprehensive_CEQA_Guidelines_Package_Nov_2017.pdf].

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

greatest extent feasible. There is also substantial evidence demonstrating that the Project’s potentially significant environmental impacts are far more extensive than disclosed in the DEIR. Citizens and their expert consultants have identified numerous potentially significant impacts that the DEIR either mischaracterizes, underestimates, or fails to identify. Moreover, many of the mitigation measures described in the DEIR will not, in fact, mitigate impacts to the extent claimed.

For example, Citizens’ air quality expert James Clark, Ph.D. finds that the DEIR fails to adequately analyze and mitigate the Project’s potentially significant impacts related to Valley Fever. Dr. Clark’s comments provide substantial evidence that construction workers, nearby residences, and the surrounding community will be at a heightened risk of being exposed to Valley Fever spores during Project-related construction activities, which may result in significant health risks. This risk cannot be mitigated by the mitigation currently proposed in the DEIR.

Citizens’ biological expert Shawn Smallwood, Ph.D. concludes that the Project fails to establish an adequate environmental setting against which to analyze the Project’s impacts to biological resources. As a result, the DEIR fails to adequately analyze and mitigate significant impacts to burrowing owls, LeConte’s Thrasher, and other special status species that likely use the Project site. Dr. Smallwood also provides substantial evidence that significant bird and bat deaths will occur due to collision with projectrelated traffic, PV panels, and security fences. The DEIR also fails to adequately analyze potentially significant impacts to wildlife movement that the Project will cause. The DEIR’s current mitigation measures do not reduce these significant impacts to the greatest extent feasible, as required by CEQA. The attached expert reports are incorporated by reference into this comment letter as if fully set forth herein and must be considered part of the record for this Project.

Further, the DEIR violates CEQA by piecemealing review of the Project’s estimated ROG emissions and by relying on deferred mitigation to address the Project’s impacts to biological resources. These violations lead the City to improperly conclude that the Project will not result in significant impacts to air quality or biological resources. The City must revise and recirculate the DEIR to fully disclose and mitigate the Project’s significant impacts, in compliance with CEQA.

Response 1.D. The commenter’s opinions are noted, but too broad to provide detailed response. Responses to individual environmental issues are provided categorically below.

Comment 1.E. I. STATEMENT OF INTEREST
Citizens is a coalition of labor organizations with members who may be adversely affected by the potential public and worker health and safety hazards and environmental and public service impacts of the Project. The coalition includes California Unions for Reliable Energy (“CURE”) and its local affiliates, and the affiliates’ members who live, recreate, work, and

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

raise families in and around the City of Twentynine Palms and San Bernardino County. Citizens, its participating organizations, and their members stand to be directly affected by the Project’s impacts.

Since its founding in 1997, CURE has been committed to building a strong economy and healthier environment and it works to construct, operate, and maintain conventional and renewable energy power plants and other industrial facilities throughout California. CURE supports the development of clean, renewable energy technology, including geothermal power generation, where properly analyzed and carefully planned to minimize impacts on public health and the environment. Only by maintaining the highest standards can energy development truly be sustainable.

The individual members of Citizens, and the members of its affiliated labor organizations, would be directly affected by the Project and may also work constructing the Project itself. They would therefore be first in line to be exposed to any health and safety hazards that may be present on the Project site. They each have a personal stake in protecting the Project area from unnecessary, adverse environmental and public health and safety impacts.

Citizens supports and encourages the sustainable development of California’s energy and natural resources and has an interest in enforcing environmental laws that encourage sustainable development and a safe working environment. Environmentally detrimental projects can jeopardize future jobs by making it more difficult and more expensive for business and industry to expand in the region, and by making it less desirable for businesses to locate and people to live and recreate in the County.

Continued degradation can, and has, caused construction moratoriums and other restrictions on growth that, in turn, reduces future employment opportunities.

Finally, the organizational members of Citizens are concerned with projects that can result in serious environmental harm without providing countervailing economic benefits. CEQA provides a balancing process whereby economic benefits are weighed against significant impacts to the environment. It is in this spirit we offer these comments.

Response 1.E. The comment provides a description of the commenter’s clients and requires no further response.

Comment 1.F. II. THE DEIR FAILS TO ACCURATELY DESCRIBE THE EXISTING

ENVIRONMENTAL SETTING RELATED TO BIOLOGICAL RESOURCES
The DEIR fails to provide a complete and accurate description of the Project’s environmental setting related to special-status species of wildlife. This contravenes the fundamental purpose of the environmental review process, which is to determine whether there is a potentially substantial, adverse change compared to the existing setting. CEQA requires that a lead agency include a description of the physical environmental conditions, or

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

“baseline,” in the vicinity of the project as they exist at the time environmental review commences. As the courts have
repeatedly held, the impacts of a project must be measured against the “real conditions on the ground.” The description of the environmental setting constitutes the “baseline” physical conditions against which the lead agency assesses the
significance of a project’s impacts.

On January 4 and January 5, 2026, Dr. Smallwood’s staff conducted a survey of the Project site where they identified 23 species of vertebrate wildlife—including 6 species with special status. This brief survey identified 10 species of vertebrate wildlife more than those detected in the DEIR, or a 30% increase.

Based on a database review, Smallwood’s site visit, and empirical research, Dr. Smallwood concludes that 122 special-status species of wildlife are known to occur near enough to the Project site to warrant analysis of occurrence potential. Of these 122 species, 9 were recorded on or just off the project site, and another 13 species have been documented within 1.5 miles of the site (Very close), another 46 between 1.5 and 4 miles (Nearby), and another 33 between 4 to 30 miles (In region). The DEIR’s baseline analysis was limited to a desktop review which only considered the occurrence likelihood of 22 out of the 122 predicted special-status species detected in a site visit by Dr.

Smallwood. This means that 100 (82%) of the special-status species with potential to occur were screened out of the analysis during desktop review.

Dr. Smallwood’s comments provide substantial evidence that the Project site supports multiple special-status species of wildlife which the DEIR fails to identify. Dr. Smallwood’s site evaluation also demonstrates that the Project site has the potential for supporting many more special-status species of wildlife than reported in the DEIR based on the proximity of species in Smallwood’s recorded occurrences. As discussed below, the DEIR’s deficient baseline analysis results in a similarly deficient impact analysis for burrowing owls and LeConte’s Thrasher.

Response 1.F. The commenter states that their biologist recorded 23 species of wildlife on the Project site, and that this number is 30% more than what was recorded by the Project biologist. That statement is false. On page 29 of Appendix D.1., and on page 2.5-12 of the Draft EIR, it is clearly stated that 38 wildlife species, of which 33 were vertebrate species, were observed during field surveys. The Project biologist therefore identified 43% more vertebrate wildlife species on the site than the commenter’s biologist.

As regards the commenter’s biologist’s assertion that 122 specialstatus species have the potential to occur on the property, the assumption is based on a mathematical model, and not on either

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

database records of sightings, or identification on the site or in the region. Further, the special status species were determined to be likely to occur based on distance from the site, with no consideration of whether there is appropriate habitat available on the site for that species. For example, American white pelican are an aquatic species; the prairie warbler occurs in the eastern United States; and the Desert bighorn sheep occur in
mountainous territory. None of these habitats occur on the Project site.

Furthermore, the commenter’s assertion that the Draft EIR’s analysis was based on a desktop review is false. First, as is common for all biological resource analyses, the Project biologist reviewed literature and databases, including “IPaC records (USFWS 2023a), U.S. Fish and Wildlife Service (USFWS) Critical Habitat for Threatened & Endangered Species (USFWS 2024), the most recent versions of the CNDDB and special-status species lists (CDFW 2023, 2024a; 2024b), and the CNPS Inventory (CNPS 2023).

Potential and/or historical drainages and aquatic features were investigated based on a review of site-specific topographical data, aerial photographs, the USFWS National Wetland Inventory database (USFWS 2023b), the USGS National Hydrography
Dataset (USGS 2023), and the National Resources Conservation Service Web Soil Survey (USDA 2023)” (Appendix D.1, page 13).

When that data had been collected, the Project biologist made 31 field visits to the property, including both general biological resource visits, and specific species investigations. Therefore, the Project’s biological resource analysis is based on a thorough and site-specific review of all credible sources of information, and did not fail to identify species with the potential to occur on the Project site.

Comment 1.G. The DEIR Fails to Provide an Accurate Baseline Environmental Setting for Burrowing Owls
Dr. Smallwood’s comments provide substantial evidence that the DEIR’s characterization of the burrowing owl survey outcome and potential impacts is inaccurate and misleading. The DEIR states that burrowing owl only has a moderate chance of occurring on the Project site. The DEIR also states that a detected burrowing owl was outside of the project-level impact area. However, during the burrowing owl survey at least one pellet was observed at one burrow located within the northwestern portion of the Biological Survey Area (“BSA”). As Dr. Smallwood explains, the burrow is on the edge of Amboy Road, which is planned for widening and thus likely to be impacted by the Project. Dr.

Smallwood also explains that any burrowing owls found within the BSA should be regarded as vulnerable to project impacts, because burrowing owls do not live only in a burrow. Additionally, burrowing owls are listed as a candidate species, meaning they

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

require heightened protections and any potential impacts need to be disclosed.

Therefore, the DEIR’s environmental impact analysis and mitigation for burrowing owls is not supported by substantial evidence because of the deficient environmental baseline analysis.

Response 1.G. The commenter and their biologist are incorrect. As explicitly stated in the Draft EIR’s Project Description (page 1-5 and 1-7), Amboy Road is to be dedicated but not improved as part of the Project. Burrowing owl surveys were conducted on the Project in conformance with California Department of Fish and Wildlife protocols (2012 Staff Report), including 10 site surveys, and found sign of the species, suitable habitat (burrows), but have not identified an owl on the site. Further, Mitigation Measure BIO-3 requires further pre-construction surveys to assure that the species has not relocated to the site. The Draft EIR correctly analyzed the potential for burrowing owl on the site, and has provided appropriate and adequate mitigation to assure that impacts to the species will be less than significant.

Comment 1.H. The DEIR Fails to Analyze the Existing Environmental Setting with Respect to LeConte’s Thrasher
Dr. Smallwood’s comments demonstrate that LeConte’s Thrasher was identified by eBird and iNaturalist as a species likely to be found “nearby”, or within 1.5 and 4 miles, of the Project site. Noriko Smallwood also observed the LeConte’s Thrasher during her survey of the Project site. This provides substantial evidence that the LeConte’s Thrasher is present at the Project site. The DEIR failed to disclose its potential presence or analyze the impacts the Project would have on this species.

CEQA requires protection of biological resources to “[p]revent the elimination of fish or wildlife species due to man’s activities, insure that fish and wildlife populations do not drop below selfperpetuating levels, and preserve for future generations representations of all plant and animal communities.” In accordance with this policy, a substantial impact to biological resources occurs when a Project will have “a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service.” CEQA Guidelines also states that a species that is not listed in the California or Federal Endangered Species Act (“ESA”) shall nevertheless be considered to be endangered, rare or threated if certain criteria are met. Specifically, a species will be considered “Endangered” “when its survival and reproduction in the wild are in immediate jeopardy as a result of loss of habitat,

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

change in habitat, overexploitation, predation, competition, disease, or other factors.” Additionally, a species will be considered “Rare” when either:
(A)Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or
(B)The species is likely to become endangered within the foreseeable future throughout all or a significant portion of its range and may be considered “threatened” as that term is used in the Federal Endangered Species Act.

The DEIR’s omission of the LeConte’s Thrasher is significant because the LeConte’s Thrasher is a special-status species—it is designated as a species of special concern by the California Department of Fish and Wildlife (“CDFW”). Additionally, while the LeConte’s Thrasher is not listed as an endangered species in the California or Federal ESA, there is substantial evidence that it qualifies as an endangered, or, at a minimum, a threatened species under CEQA. Specifically, the 2025 U.S. State of the Birds report named LeConte’s Thrasher as one of the Country’s 42 Red Alert Tipping Point Species. This designation is reserved for bird species that have lost more than half their populations within the past 50 years and whose declines require immediate and urgent action. The LeConte’s Thrasher has lost nearly 70% of their U.S. population primarily because of destructive sprawl development and other habitat degradation in southern California, Nevada, and Arizona.

Because of this rapid decline, on July 30 and September 16, 2025, the Center for Biological Diversity (“CBD”) petitioned the California Fish and Game Commission and the U.S. Fish and Wildlife Service to list the LeConte’s Thrasher under both the California and Federal ESA. These petitions explained that, combined, the Sonoran and Mojave Deserts and Coastal
California Biological Conservation Regions support 99% of LeConte’s Thrasher global breeding populations and that lack of action may put LeConte’s Thrasher at risk of extirpation. “Flat, desert habitats preferred by LeConte’s Thrasher are also desired for anthropogenic uses including housing, industrial,
infrastructure, and energy developments…these land uses have resulted in habitat loss, population decline, and extirpation of populations within historical strongholds, and continue to threaten the survival of LeConte’s Thrasher.” The CBD petition concludes that “[g]iven the numerous current threats, recent extirpations in historical strongholds, and a perilously small and fragmented populations, LeConte’s Thrasher is at severe risk of extirpation across its entire range [and]…meets the criteria for listing as threatened or endangered under the ESA.”

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

Substantial evidence demonstrates that the survival and reproduction of the LeConte’s Thrasher are in jeopardy as a result of continuing habitat loss and that it is in danger of becoming extinct throughout all of its range. Because of this, the LeConte’s Thrasher meets the criteria for treatment as an endangered species, or, at a minimum, a threatened species under CEQA Guidelines 15830. The DEIR fails to disclose, analyze, or mitigate impacts to the LeConte’s Thrasher and therefore mischaracterizes the environmental setting and understates the Project’s potential biological impacts. In order to comply with CEQA, the DEIR must be revised and recirculated to thoroughly analyze and propose mitigation for the LeConte’s Thrasher.

Response 1.H. The commenter’s opinion is noted. Their evidence of the presence of species on the site is unsupported, insofar as photographs are provided but neither date-stamped nor geolocated. The Draft EIR and Appendices D.1. through D.5, on the other hand, provide detailed analysis of the special status species occurring or with the potential to occur on the Project site, based on the use of recognized professional databases, including the CNDDB, USFWS, and CNPS. Based on information provided by these recognized databases, the Project biologist then conducted detailed site surveys and identified species sighted, or their sign, throughout the Solar Project area. This information informed the Mitigation Measures provided in the Draft EIR which, as amended in the Final EIR, provide a comprehensive program to reduce the impacts to sensitive species to less than significant levels. The Draft EIR addresses potential impacts to LeConte’s thrasher specifically through Mitigation Measure BIO-1, which requires biological monitoring during construction; and BIO-2, which requires preconstruction nesting surveys, both of which would identify the species if it indeed occurs. These measures will assure that impacts to LeConte’s thrasher will remain less than significant.

Comment 1.I. III. THERE IS SUBSTANTIAL EVIDENCE THAT THE PROJECT WILL RESULT IN

SIGNIFICANT AND UNMITIGATED AIR QUALITY AND HEALTH RISK

IMPACTS
A. There is Substantial Evidence That the Project Will Result in Significant and Unmitigated Valley Fever Impacts
The DEIR concludes that Valley Fever poses a less than significant impact because in 2022 the incidence rate of Valley Fever in San Bernardino County was only 3 per 100,000. The DEIR also concludes that applying Mojave Desert Air Quality Management District (“MDAQMD”) standard dust control measures (Rule 403) and replanting the site as part of the proposed habitat restoration plan will ensure impacts remain at less than significant levels. Dr. Clark’s comments provide substantial evidence demonstrating that the DEIR underestimates the significant public health risk to construction workers, nearby

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

residences, and surrounding community members that Valley Fever spores released during Project construction pose. Dr.

Clark also explains why the Project’s mitigation measures are insufficient to ensure impacts are reduced to less than significant levels.

One of CEQA’s basic purposes is to inform government
decision-makers and the public about the potential significant environmental effects of proposed projects. Courts have previously found environmental documents deficient for failing to correlate adverse air pollution effects with indirect health effects. Thus, impacts from potential Valley Fever exposure must be analyzed and mitigated to the greatest extent
feasible in the DEIR pursuant to CEQA.

Valley Fever is an infectious disease caused by inhaling Coccidioides spores, a fungus that lives in the top 2 to 12 inches of soil. When soil containing this fungus is disturbed by construction activities, the fungal spores become airborne and pose a significant health risk. Valley Fever often manifests as a mild respiratory illness, but it can progress to serious chronic forms, especially in immunocompromised individuals, and may even become disseminated, impacting organs including the skin, bones, brain, and spinal cord. Disseminated Valley Fever is associated with severe symptoms like meningitis, painful lesions, and swollen joints. The most at risk populations are construction workers and agricultural workers. However, while construction workers would be directly exposed by the Project, the potentially exposed population in surrounding areas is much larger. As Dr. Clark explains, the nonselective raising of dust during Project construction will carry the very small spores into nonendemic areas, potentially exposing large nonProject-related populations. Additionally, the nearest residences are only 1,400 feet east of the Solar Project and even closer to the Residential GPA portions. Dr. Clark
concludes that they may be exposed to Valley Fever spores that reach their homes during the construction phase of the Project.

Dr. Clark’s comments highlight the fact that, contrary to the City’s statements, there is no safe level of exposure to Valley Fever spores. Dr. Clark also provides substantial evidence that the Project will only further contribute to the increasing rates of Valley Fever cases in San Bernardino County. In particular, recent data from the California Department of Public Health (“CDPH”) shows that the number of cases of Valley Fever in San Bernardino County has increased from 1.8 per 100,000 in 2016 to 10.5 in 2022. This is an increase of 583%. Data from CDPH also shows that Valley Fever cases have increased 155% from 2023 to 2025.

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

The 2022 data relied on in the DEIR is not only outdated, but fails to recognize that any level of exposure could expose construction workers and nearby residents significant to health risks. The Project will only further exacerbate this risk. As demonstrated by a study in Antelope Valley, a clear link between soil disturbance caused by large renewable energy construction projects and increased incidence of Valley Fever.

Dr. Clark explains that the mass disturbance of soils anticipated by the proposed Project will create the same conditions that were detailed in the above study. The Project site’s desert location and exposure to desert winds also amplify these risks.

Risks of allowing this Project to move forward as currently proposed are also demonstrated by the City’s past actions related to commercial solar energy projects. Specifically, the City of Twentynine Palms previously banned commercial solar fields because it recognized the risks they posed to the City and its residents, stating that “Commercial Solar Fields can be shown to have…potential decreases in the quality of life for those individuals that reside with properties adjacent to or surrounding such facilities.” As currently proposed, the Project still has the potential to decrease the quality of life to nearby residences who may be exposed to Valley Fever. The DEIR fails to disclose or mitigate this public health risk.

Response 1.I. The Draft EIR used the same data that the commenter’s consultant used – 2022 information. The commenter’s
consultant also fails to note that the incidence rate in San Bernardino County has come down from a high of 11.3 in 2021 to 8.2 in 2024, a 42% decrease2. Compared to the 2024
incidence rate in Riverside County (19.0), Kern County (482.2) and Inyo County (16.1), which al border San Bernardino
County, the incidence rate is substantially lower, and the potential impact similarly reduced and less than significant.

The Draft EIR correctly acknowledges the existence and
potential for Valley Fever, and correctly determines that impacts will be less than significant.

Comment 1.J. Dr. Clark further explains that the DEIR’s standard dust control measures (Rule 403) and post-construction replanting of the site as required by Mitigation measure AES-1 will not reduce the risk of Valley Fever exposure to less than significant levels. First, Rule 403 includes requirements for a Dust Control Plan, signage and fencing requirements, as well as surface watering and stabilization with chemicals, gravel and asphaltic pavement to eliminate visible fugitive dust from vehicular travel and wind erosion. Dr. Clark explains that these measures still allow for a percentage of the dust that could be generated to migrate offsite. This is because conventional dust control measures 2 https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/ValleyFeverDashboard.aspx

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

primarily focus on visible dust or larger dust particles and fail to address the very fine particles that transport Valley Fever spores. Valley Fever spores are approximately 5 times smaller than other dust particles and remain airborne much longer.

Compliance with Rule 403 also relies on visual opacity readings for dust control, which is insufficient to prevent exposure to Valley Fever spores. This rule is based on smoke-monitoring methods that require active monitoring by certified observers, rely on subjective observation, and are affected by variables such as lighting, distance, and weather conditions. Due to these limitations, Dr. Clark explains that opacity readings do not provide accurate, continuous data on fine airborne
particles.

Second, AES-1 requires that “[w]ithin 60 days of the completion of construction, or at the earliest possible time that is appropriate to achieve plant establishment, as determined by the City and a qualified Project biologist, native plants shall be installed on the Solar Project site.” Contrary to the City’s statement, Dr. Clark explains that this mitigation measure does nothing to reduce the movement of Valley Fever spores offsite during the construction phases of the Project. Replanting after construction will not reduce exposure to Valley Fever during this phase, which is when the most amount of soil will be disturbed.

Therefore, the DEIR fails to propose adequate mitigation for the Project’s significant Valley Fever health risk impacts.

Dr. Clark provides a list of measures the City should implement that would actively suppress the spread of Valley Fever. These include, but are not limited to: providing specific requirements in the Project’s Injury and Illness Prevention Program regarding safeguards to prevent Valley Fever; applying chemical stabilizers at least 24-hours prior to high wind events; applying water to all disturbed areas a minimum of three times per day; thoroughly cleaning equipment, vehicles, and other items before they are moved off-site to other work locations; and working with medical professionals to develop a protocol to medically evaluate employees who have symptoms of Valley Fever.

The DEIR violates CEQA by not disclosing, analyzing, and mitigating the potentially significant health impacts of Valley Fever. Dr Clark’s comments provide substantial evidence that the Project’s construction may result in significant health impacts from Valley Fever exposure. Given the significant public health risk posed by the Project’s release of Valley Fever spores, and the DEIR’s failure to address this impact, the City must prepare a revised DEIR to accurately disclose and mitigate the Project’s impacts on local air quality and public health. Revisions to the DEIR should include a special focus on construction workers and nearby sensitive receptors. The revised DEIR should also include effective mitigation measures specifically tailored to Valley Fever

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

because standard dust controls are inadequate for managing the risks posed by this pathogen. Ensuring robust protections for both on-site workers and off-site receptors is essential to prevent potentially severe health consequences for the surrounding community.

Response 1.J. See Response 1.I. As stated in that Response, there is no substantial evidence that Valley Fever will have a significant impact on public health. The requirements for dust control are appropriate for the control of dust and Valley Fever spores, insofar as Rule 403 was developed to address PM10 and PM2.5, which refer specifically to dust of 10 and 2.5 microns in size. Valley Fever spores are 3 to 5 microns in size, within the range of particle size addressed in dust control mitigation. Therefore, the
implementation of dust control measures is an appropriate mitigation to control Valley Fever spores, and no change to the EIR is required.

Comment 1.K. B. There is Substantial Evidence That the Project Will Result in Significant and Unmitigated Construction-Related ROG
Emissions
The City conducts a piecemeal analysis of the estimated ROG emissions from the Project’s Solar and Residential GPA portions.

The DEIR concludes that the Project will result in criteria emissions below MDAQMD significant thresholds and thus impacts related to construction and operation will be less than significant.

The City comes to this conclusion by analyzing the emissions of the Project’s solar and residential GPA portions separately. The DEIR states that the Project will result in 89.4 pounds (“lbs”) of ROG during construction, while the Residential GPA will result in 84.4 lbs of ROG during construction, each of which are individually below the MDAQMD threshold of 137 lbs/day.

However, the DEIR fails to compare the combined ROG emissions from the concurrent Project construction phases against the MDAQMD threshold.

This violates CEQA’s prohibition against piecemeal analysis.

CEQA forbids piecemeal review of the significant environmental impacts of a project. Agencies cannot allow “environmental considerations [to] become submerged by chopping a large project into many little oneseach with a minimal potential impact on the environment-which cumulatively may have disastrous consequences.” The CEQA Guidelines provide “[w]here an individual project is a necessary precedent for action on a larger project, or commits the Lead Agency to a larger project, with significant environmental effects, an EIR must address itself to the scope of the larger project.”
Here, construction of the Project’s solar and residential GPA portions would result in significant environmental effects when analyzed together. The total ROG emissions from both the solar and residential GPA portions would be

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

173.8 lbs of ROG. This exceeds the MDAQMD threshold of 137 lbs/day. The DEIR fails to disclose this impact or propose adequate mitigation to ensure that impacts will be reduced to less than significant levels.

For mitigation, the DEIR merely states that compliance with the City’s General Plan policies and standard MDAQMD rules and regulations will ensure future impacts remain less than significant. The City has not provided any evidence to support this conclusion because the DEIR did not analyze the combined air emission impacts of the solar and residential GPA portions. Additionally, the currently proposed MDAQMD standard dust control measures (Rule 403) reduce dirt in the air. Since ROG comes from engines, fuel, and construction materials—not dust—these emissions would not be reduced by compliance with Rule 403.

The DEIR must be revised and recirculated to adequately analyze the whole of the Project and propose necessary mitigation that will reduce impacts to the greatest extent feasible.

Response 1.K. The Draft EIR does not piecemeal analysis, nor should the two emission calculations be added together. As clearly stated throughout the Draft EIR, there are no project(s) proposed for the Residential GPA, whereas there is a project proposed on the Solar Project site. The Solar Project’s applicant has clearly stated their intent to construct the Project in 2026. Residential development on the site is not planned and no application has been made to subdivide or construct residential units on the site. There is no substantial evidence that the projects would occur at the same time, and to speculate that they would is not allowed under CEQA. The Draft EIR correctly considers the two components of the Project separately, and no change to the Draft EIR is required.

Comment 1.L. IV. THERE IS SUBSTANTIAL EVIDENCE THAT THE PROJECT WILL RESULT IN

SIGNIFICANT AND UNMITIGATED IMPACTS TO BIOLOGICAL

RESOURCES
A. There is Substantial Evidence That Significant Impacts to Birds and Bats Will Result from Collision with PV Panels and Security Fences The DEIR concludes, withoutsupporting evidence, that the Project would not result in significant impacts to birds related to collision with PV panels. Dr. Smallwood provides substantial evidence demonstrating that the DEIR’s conclusions are misleading and based on inaccurate evidence. He also provides substantial evidence that the Project may result in significant impacts to birds and bats due to collisions with the PV panels, as well as the security fence planned for the Project site.

The DEIR’s conclusion relies upon occurrence of the “lake effect,” which is a hypothesis that PV panels reflect ultraviolet light rays that cause birds to misidentify solar panels as a body of water.

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

Specifically, the DEIR concludes that there “is no evidence that the Solar Project would result in a reasonably foreseeable ‘lake effect’ to migratory birds, and there are no known special avian species, particularly water birds such as rails in the area that would be expected to be affected by a potential ‘lake effect.’” Dr. Smallwood explains that this reasoning is flawed in two ways.

First, most of the birds killed by PV panels in utility-scale solar settings are not birds known to inhabit aquatic environments, suggesting that most birds that fatally collide with solar panels are either locals or they are low-flying migrants. The DEIR fails to consider how the collision with PV panels would impact these populations. Second, the DEIR incorrectly assumes that aquatic birds do not fly over inland areas far from water bodies. As Dr.

Smallwood explains, many aquatic bird collision victims have been documented at PV solar projects in the Mojave Desert, far from water. Therefore, the DEIR’s conclusion is unsupported.

Dr. Smallwood also highlights that cyclone fencing is known to kill wildlife via collision and entanglement. The DEIR discloses that the Project plans to build a 7-foot tall cyclone fence that would surround the solar project, but fails to analyze the potential impacts to birds and bats who may collide with the fence.

Dr. Smallwood estimates that, if the Project were approved as currently proposed, it would kill 648 birds per year and 15 bats per year due to collisions with PV panels and the security fence. This constitutes a significant impacts that must be disclosed and mitigated.

As discussed in detail below, the DEIR’s mitigation is inadequate to reduce impacts to less than significant levels. The DEIR must be revised and recirculated to include a comprehensive analysis of collision mortality with PV panels and security fencing, as well as additional mitigation measures.

Response 1.L. The commenter’s consultant bases his comments on his studies to disprove other biologists’ findings in mortality studies associated with bird strikes at solar fields. The consultant does not provide substantial evidence, however, that the existing studies are wrong, only that based on his mathematical progression, and not based on actual on-site investigation, the numbers should be higher. The same is true of the consultant’s opinion regarding fence mortality rates – the opinion is based on a mathematical equation, not on an analysis of on-site conditions, the density of wildlife, or the quantified findings of credible studies at other similar facilities. Therefore, although the commenter’s consultant’s opinion is noted, he has failed to not provide any substantial evidence that the Solar Project would have a significant impact on bird strikes, or that the “lake effect” analysis provided in the Draft EIR and its Appendix D.1 is incorrect, or that

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

the California Energy Commission’s analyses (page 2.5-24) are not accurate.

The Draft EIR correctly describes the site conditions, the likelihood of bird strikes, and the less than significant impacts associated with bird and bat mortality.

Comment 1.M. B. The DEIR Fails to Adequately Analyze the Project’s Significant Impacts Due to Interference with Wildlife Movement
The DEIR concludes, absent substantial evidence, that the Project will not significantly impact wildlife movement and corridors.

The DEIR acknowledges, the Project site is within the General Plan’s designated Wildlife Linkage Area and is “located within the established habitat linkage areas for desert tortoise and burrowing owl that would also allow for viable populations of smaller terrestrial species and/or species’ dispersal movement through the BSA and the immediate vicinity.” Despite this, the DEIR reasons that wildlife movement would not be interfered with because “larger mammal species…are not anticipated to use the BSA or immediate vicinity due to the openness of the site, which would not provide enough cover for these species.” It goes on to state that because the BSA CDFW connectivity ranking is only ACE Rank 1 it does not qualify as a significant regional wildlife corridor, and “Project implementation would not disrupt regional migratory patterns given the abundance of surrounding
undeveloped land for wildlife passage.”
Dr. Smallwood explains that this reasoning is speculative and unsupported. First, both mule deer and coyotes were observed on the Project site.99 Therefore, contrary to the City’s claim, larger mammals do occupy the site. Second, a lower CDFW
connectivity ranking does not provide substantial evidence demonstrating that wildlife movement will not be significantly impacted by the Project because these rankings are not based on measurements of wildlife movement. The City also did not conduct any measurement of wildlife movement on the project site to support this conclusion. Therefore, the City lacks substantial evidence for its significance determination.

Dr. Smallwood’s comments also provide substantial evidence that the Project will significantly interfere with wildlife movement. For instance, the Project will destroy between 184 and 224 acres of habitat that would normally support wildlife movement in the region. It will also construct a security fence that would block wildlife movement. This constitutes substantial evidence that the Project will result in significant impacts to wildlife movement that the DEIR fails to adequately analyze or mitigate.

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

The DEIR must be revised to provide a comprehensive analysis of the Project’s potential impacts to wildlife movement that is supported by substantial evidence.

Response 1.M. As stated in the Draft EIR, the California Department of Fish and Wildlife (CDFW), the State’s expert agency regarding biological resources and the impacts to these resources, finds the Project site to have a low ranking under its Areas of Conservation Emphasis (ACE) ranking system. This is not speculation, but a professional determination by the agency tasked with protecting the State’s biological resources. Furthermore, the commenter’s consultant conducted no on-site analysis, field visits or wildlife movement analysis to provide evidence that his opinions were supported. The Draft EIR uses recognized CDFW sources to provide evidence that the site is not a valuable corridor, and correctly concludes that impacts to wildlife corridors will be less than significant.

Comment 1.N. C. There is Substantial Evidence That Significant Impacts to Birds Will Result from Collision With Project-Related Traffic The DEIR fails to address potentially significant impacts to birds from collision with vehicles traveling to and from the Project-site during construction and operation. This omission is significant because as Dr. Smallwood explains vehicle collisions have accounted for thousands of amphibian, reptile, mammal, bird, and arthropod fauna deaths. In the United States alone, 2,200 to 8,405 bird deaths per 100 km per year occur, or 89 million to 340 million total per year.

Dr. Smallwood also provides substantial evidence that the Project will result in significant bird deaths from project-generated traffic.

Dr. Smallwood estimates that the Project would result in 1,673 vertebrate wildlife fatalities per year as a result of the combined traffic from both the construction of the solar project and operation of the residential GPA project.

The DEIR must be revised to comprehensively analyze and propose mitigation for this potentially significant impact.

Response 1.N. The commenter’s consultant’s opinion is noted, but is not based on relevant data. The consultant relies entirely on a study conducted in Contra Costa County, an area that is ecologically completely different than the Project area, in terms of species, species density, and development conditions. Again, the consultant relies entirely on mathematical calculations to predict the potential for impacts from vehicle strikes on wildlife, and not on any site- or region-based actual data on the issue. The consultant’s speculation is not considered substantial evidence under CEQA, and there is no substantial evidence that the Project would result in significant deaths associated with vehicle trips. No change to the Draft EIR is required.

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

Comment 1.O. The DEIR Fails to Adequately Mitigate the Project’s Potentially Significant Impacts to Biological Resources
Dr. Smallwood’s comments demonstrate that the DEIR’s
proposed mitigation—Mitigation Measures BIO-1 through BIO-7— is insufficient to address the significant impacts caused by the Project.

Mitigation Measure BIO-1
This mitigation measure proposes the following actions be taken in order to address the indirect construction related and operational related indirect impacts to biological resources caused by the Project: (1) monthly biological monitoring; (2) worker environmental awareness training; (3) delineation of property boundaries; (4) standard dust control measures; (5) stormwater pollution prevention plan, (6) minimize spills of hazardous materials; (7) prevention of construction-related hazards to wildlife; (8) remove and replace invasive plants; (9) minimize noise; (10) fencing.

Dr. Smallwood explains that the conservation benefits of items 1- 9 above would be de minimis relative to impacts. They would not avoid the permanent loss of habitat nor the collision mortality during project operations. Dr. Smallwood’s comments on collision with security also demonstrate that item 10, which requires fencing, is wholly inadequate as it contributes to collision mortality.

Response 1.O. Please see Response 1.M. There is no substantial evidence that the Project would result in significant collision mortality. The Mitigation Measure is thorough in its activities to minimize impacts to biological resources, and requires ongoing monitoring of the site, including the implementation of a revegetation plan. The Draft EIR correctly implemented a number of requirements to assure that impacts to biological resources would be reduced to less than significant levels.

Comment 1.P. Mitigation Measure BIO-2
This mitigation measure requires an avian nesting survey of the Project site before any construction or solar decommissioning activities during the migratory bird nesting season can occur. It also provides that an appropriate buffer shall be established around any active bird nests found.

Dr. Smallwood concludes that this measure is inadequate because it would not avoid the permanent loss of habitat nor the collision mortality during project operations. Dr. Smallwood explains that many bird nests would likely be missed and even assuming they could all be found the mitigation

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

measure only applies when construction or decommissioning activities must occur during the breeding season.

Additionally, the mitigation measure fails to establish criteria for determining what constitutes an “appropriate buffer” if an active bird nest is found during the survey. It merely states that the buffer shall be determined by the biologist “based on the species’ sensitivity to disturbance.” This constitutes impermissibly deferred mitigation under CEQA Guidelines Section 15126.4(a)(1)(B), which provides that formulation of mitigation measures shall not be deferred until some future time. Impermissible deferral of mitigation measures occurs when an EIR puts off analysis or orders a report without either setting standards or demonstrating how the impact can be mitigated in the manner described in the EIR. The CEQA Guidelines provide that “[t]he specific details of a mitigation measure, however, may be developed after project approval when it is impractical or infeasible to include those details during the project’s environmental review….” In Preserve Wild Santee v. City of Santee, the city impermissibly deferred mitigation where the EIR did not state why specifying performance standards for mitigation measures “was impractical or infeasible at the time the EIR was certified.” The DEIR does not state why specifying the buffer standards was impractical or infeasible at the time the DEIR was drafted.

Therefore, the DEIR improperly relies on mitigation measure BIO-2 to conclude that impacts to biological resources will be mitigated to less than significant levels.

Response 1.P. The commenter’s opinion is noted, but is not germane to the Mitigation Measure. The pre-construction survey requirement is placed on the Project to reduce impacts to nesting birds, and not habitat loss or bird strikes. As the comment relates to appropriate buffers, the comment purposely excludes the relevant phrase in the sentence. The Mitigation Measure specifically states “which shall be determined by the biologist based on the species’ sensitivity to disturbance (typically 300 feet for passerines and 500 feet for raptors and special status species).” Clearly, performance standards have been included in the measure, and no deferral is proposed. As it relates to habitat loss and mortality, as described in Response 1.L., there is no substantial evidence that there would be significant habitat loss or collision impacts.

Comment 1.Q. Mitigation Measure BIO-3
This mitigation measure requires (1) a pre-construction burrowing owl survey to be completed no more than 14 days before initiation of site preparation or grading or solar decommissioning activities and (2) a second survey to be completed within 24 hours of the start of site preparation or grading or decommissioning activities. It also requires the Applicant to consult with CDFW and obtain appropriate take authorization if Burrowing Owls are detected and impacts cannot be feasibly avoided. Lastly, if an Incidental Take Permit (“ITP”) is required, compensatory mitigation at a minimum 1:1 habitat replacement of equal or better functions and values to those

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

impacted by the Project, or as otherwise determined through the ITP process needs to be provided.

Dr. Smallwood explains that the conservation benefits of this mitigation measure would be de minimis relative to project impacts. This measure would not avoid the permanent loss of habitat nor the collision mortality during project operations. Additionally, Dr. Smallwood states that, even if no burrowing owls are detected, the loss of foraging habitat would need to be mitigated. As written, the measure does not guarantee that necessary habitat replacement will occur.

Dr. Smallwood goes on to explain that the mitigation measure does not outline the correct process for consulting with the CDFW. Specifically, because the burrowing owl is a candidate for listing under the California Endangered Species Act, consultation with the CDFW needs to begin before any surveys are conducted, not afterwards as written.

Response 1.Q. The commenter’s opinion is noted. The CDFW has been consulted by the Project biologist throughout the process of preparing the biological reports, including the protocol-level surveys conducted on the site. Therefore, the CDFW is already involved in the burrowing owl mitigation for the Project.

This is also supported by the CDFW’s lack of mention of the burrowing owl mitigation in their comment letter (Letter 35 in the Final EIR). Although they made recommendations on several Mitigation Measures, which are implemented in the Final EIR, they were clearly satisfied that burrowing owl impacts were correctly and adequately addressed. No change to the Mitigation Measure is required.

Comment 1.R. Mitigation Measure BIO-4
This mitigation measure requires a pre-construction survey for Desert Kit Fox be conducted within 10 days before initiation of site preparation or grading activities to determine the presence/absence of Desert Kit Fox. If Desert Kit Fox is detected, it also requires a Relocation and Mitigation Plan to be prepared by a qualified biologist in consultation with CDFW.

Dr. Smallwood explains that the conservation benefits of this measure would be de minimis relative to the Project’s impacts and would not avoid the permanent loss of habitat nor the collision mortality during project operations.

Response 1.R. As discussed in the Final EIR (Response 35.D.) CDFW had concerns with Mitigation Measure BIO-4, which were fully addressed by modifications that they requested to the measure. With these modifications, the CDFW, which has State-wide responsibility for the protection of the species, is satisfied that impacts to desert kit fox and their habitat will be less than significant.

As it relates to habitat loss and mortality, as described in Response 1.L., there is no substantial evidence that there would be significant habitat loss or collision impacts.

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

Comment 1.S. Mitigation Measure BIO-5
This mitigation measure requires certain Desert Tortoise avoidance and minimization measures, including exclusion fencing and clearance surveys.

Dr. Smallwood explains that the conservation benefits would be de minimis relative to the Project’s impacts. Also, neither the permanent loss of habitat nor the deaths caused by collision with project-related automobiles would be avoided.

Response 1.S. The commenter’s consultant provides no explanation for his opinion, and as such no evidence that the Mitigation Measure is not adequate. As it relates to habitat loss and mortality, as described in Response 1.L., there is no substantial evidence that there would be significant habitat loss or collision impacts.

Comment 1.T. Mitigation Measure BIO-6
This measure requires compensatory mitigation at a minimum 1:1 ratio to address impacts to Desert Tortoise habitat.

Dr. Smallwood explains that this measure is inadequate to address impacts to the Desert Tortoise because its population is in rapid decline. Dr.

Smallwood recommends a ratio of 5:1 to ensure no net loss of the species.

Additionally, the area subject to this mitigation needs to be 224 acres, which equates to the total area the PV solar project and the residential development would occupy. As currently written, the mitigation only includes 142.1 acres, which does not even equal the size of the solar project.

Response 1.T. The commenter’s consultant’s opinion is noted, but not supported by substantial evidence. Ultimately, as required by the Mitigation Measure, the US Fish and Wildlife Service and CDFW will determine, through the ITP process, the compensatory mitigation for the Project. Given that CDFW did not comment on this issue for the Final EIR, this provides substantial evidence that the expert agency in charge of protecting the State’s biological resources believes the Mitigation Measure adequate to reduce impacts to desert tortoise to less than significant levels.

Comment 1.U. Mitigation Measure BIO-7
This measure requires future biological surveys and proposes mitigation for any portion of the site outside the Solar Project BSA.

The DEIR states that no residential development is currently proposed on the residential GPA portion of the Project site. As such, the DEIR states that the analysis for this portion of the site is a program-level analysis, and further review of project-specific impacts will be required when specific residential projects are proposed. Because this mitigation measure applies only to studies and mitigation that will be required for future residential

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

development, it does not provide mitigation for any significant impacts associated with the current project being analyzed in the EIR.

Response 1.U. The commenter’s opinion is noted, but his objection unclear. As described in the Draft EIR, the land included in the Residential GPA is contiguous to the Solar Project, and its characteristics similar. Since no Project is proposed, and the timing of development is not known, it is appropriate to assure that surveys would be prepared prior to development, to assure that impacts and mitigation measures are analyzed consistent with the standards and conditions in place at the development occurs.

The Mitigation Measure is correct and adequate, and no change to the Draft EIR is required.

Comment 1.V. The City Must Consider Additional Feasible Mitigation to Reduce Significant Impacts to Biological Resources
Dr. Smallwood proposed substantial feasible mitigation to reduce impacts to biological resources.

First, in order to mitigate the Project’s destruction of productive capacity of the project site for birds, mammals, and reptiles, Dr.

Smallwood explains that the DEIR should propose compensatory mitigation as close to the Project site as possible. In order to achieve a no net loss standard, Dr. Smallwood recommends a 5:1 mitigation ratio.

Second, the DEIR should be revised to include compensatory mitigation proposed by Dr. Smallwood to mitigate impacts associated with mortality to species due to project-generated road traffic. Feasible compensatory mitigation includes directing funding toward research to identify fatality patterns and effective impact reduction measures such as reduced speed limits and wildlife under-crossings or overcrossings of particularly dangerous road segments. Dr. Smallwood also recommends donations to wildlife rehabilitation facilities to cover the costs of injured animals that will be delivered to these facilities for care.

Third, the DEIR should include compensatory mitigation for animal deaths caused by collision with the Project’s PV Panels and security fencing. This includes funding wildlife rehabilitation facilities. To inform this mitigation, Dr. Smallwood also recommends that the Project undergo scientific monitoring of collision mortality prior to construction.

Fourth, Dr. Smallwood recommends that the residential GPA portion of the Project be landscaped with California native plants rather than landscaping with lawn and exotic shrubs and trees.

Landscaping with native plants over exotic plants increases the abundance and diversity of birds, particularly native birds. It has

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

also been shown to maintain or to bring back some of the natural habitat and lessen the footprint of urbanization by acting as interconnected patches of habitat for wildlife.

Response 1.V. Please see Responses 1.L through 1.U. The commenter has provided no substantial evidence that the impacts to biological resources associated with the Project have not been mitigated to less than significant levels. To the contrary, the commenter’s consultant’s recommendation that studies be conducted to assess the level of mortality associated with solar panel and vehicle collisions speaks directly to the consultant’s lack of quantified data on the subject. The inclusion of speculative mitigation is neither appropriate nor allowed under CEQA, and no change to the Draft EIR is required.

Comment 1.W. V. THE CITY SHOULD ASK THE APPLICANT TO CONSIDER

WORKFORCE STANDARDS AS PART OF THE DEVELOPMENT

AGREMENT TO ENSURE CONSISTENCY WITH THE GENERAL PLAN
In order to approve a development agreement, the City is required to find the agreement:
• Is consistent with the objectives, policies, general land uses and programs contained in the General Plan and any
applicable specific plan;
• Is compatible with the uses authorized in the land use/zoning district in which the property is located;
• That the agreement provides for the orderly development of the property;
• That the agreement provides a clear and substantial public benefit to the City and/or its residents.
• The DEIR states that “[a]s part of the Development Agreement for the Solar Project, the applicant would dedicate land for future roadways” and provide “community benefit payments to the City” that will increase City revenue. As proposed, the Development Agreement fails to ensure that the Project will be consistent with the objectives and policies in the General Plan.
• For instance, Goal LU-10 states that the City shall “[p]romote a high quality of life for Twentynine Palms residents by
developing and sustaining a strong and diverse local
economy.” To achieve this goal, Implementation Policy LU-10.1 requires the City to “[e]ncourage land use decisions that are fiscally responsible and positively affect the City’s economic health by creating jobs, generating tax revenue and involving private capital investment.” The Twentynine Palms City
Council previously found that “Commercial Solar Fields can be shown to have...potential decreases in the quality of life for those individuals that reside with properties adjacent to or surrounding such facilities.” The City Council also concluded that “it cannot be demonstrated that allowing the

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

establishment of Commercial Solar Fields shall
provide…reasonable and sustainable, long term employment to residents or visitors to our community.”158 Neither the dedicated land for future roadways or community benefit payments resolve these conflicts with the goals and policies of the General Plan. The Project therefore fails to meet the standards necessary to approve the Development
Agreement as currently drafted.
• The City should ask the Applicant to voluntarily include workforce benefits in the Development Agreement to comply with the General Plan, to maximize community benefits from the Project, and to provide a greater degree of requisite certainty in the Project’s development. Including a local hire and apprenticeship requirement would be consistent with the City’s General Plan Goal LU-10, as well as related
Implementation Policies LU-10.1 and LU-7.3, because it
promotes well-paying local job growth and a strong local economy.

Response 1.W. The commenter’s opinion is noted, but labor agreements with unions are not a CEQA issue. No further response is required.

Comment 1.X. VI. THE CITY LACKS SUBSTANTIAL EVIDENCE TO MAKE THE REQUISITE FINDINGS TO APPROVE THE PROJECT’S ENTITLEMENTS
The Project requires two GPAs, a Development Code Amendment (“DCA”), two Rezone applications, and a CUP. The City lacks substantial evidence to approve these entitlements.

General Plan Amendment
GPA No. 23-000001 proposes an amendment to create a new Renewable Energy land use district, and to modify the land use designation on the northern 241-acres of the subject site from Rural Living (RL-5) to the Renewable Energy land use district. GPA No. 24-000001 proposes an amendment to change the land use designation on 60 acres of the 119 acres of RL-5 designated land of parcels 0612-201-01 and 0612-201-05 south of the Solar Project to RS-1.

To approve these GPAs the City must make all of the following findings:
• The amendment will not adversely impact the existing community; • The amendment is consistent with the intent of the vision, goals and policies of the General Plan as a whole;
• The amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses;
• The amendment provides for the protection of the general health, safety, and/or welfare of the community.

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

The City cannot make the first finding that the GPAs will not adversely impact the existing community. As discussed above, as currently proposed, the Project will result in significant, unmitigated health risk and air quality impacts from Valley Fever and ROG emissions. The Project will also have significant impacts on special-status species that use the Project site as habitat. The DEIR has not adequately addressed or mitigated these impacts. Therefore, the existing community will be adversely impacted if these amendments are approved.

The City cannot make the second finding because GPA No. 23-000001 is not consistent with the intent of the vision, goals and policies of the General Plan as a whole. First, this would create a new renewable energy district that would allow commercial solar fields to be built in Twentynine Palms with an approved CUP. The City previously disapproved of an amendment to the Development Code which would allow commercial solar fields with City approval of a CUP in specific zones, including, but not limited to the Rural Living and Single Family Residential Districts. The City found that this was not consistent with the Goals and Policies of the City of Twentynine Palms General Plan. The DEIR does not provide any evidence demonstrating that these inconsistencies have since been resolved.

Additionally, General Plan Goal LU-10 states that the City shall “[p]romote a high quality of life for Twentynine Palms residents by developing and sustaining a strong and diverse local economy.” To implement this goal, Implementation Policy LU-10.1 requires the City to “[e]ncourage land use decisions that are fiscally responsible and positively affect the City’s economic health by creating jobs, generating tax revenue and involving private capital investment.” The City previously found that “it cannot be demonstrated that allowing the establishment of Commercial Solar Fields shall provide…reasonable and sustainable, long term employment to residents or visitors to our community.” The City has not demonstrated how the Project will now promote a high quality of life or create jobs to align with this general plan policy.

The GPAs would also violate the City’s Conservation and Open Space Element Implementation Policy CO-4.1, which requires “air quality analysis for all proposed development project that have the potential to adversely affect air quality and identify and impose mitigation measures within their design.” As discussed above, the Project exceeds the MDAQMD ROG threshold and fails to propose mitigation to address this impact or provide evidence that compliance with general plan policies and MDAQMD rules will ensure emissions are reduced to less than significant levels.

Finally, the City cannot make the fourth finding because the amendment does not provide for the protection of the general health, safety, and/or welfare of the community. The significant and unmitigated health risk and air quality impacts from Valley Fever and ROG emissions preclude this finding.

Therefore, as proposed, the City cannot approve the GPAs.

Twentynine Palms Solar Project
Response to Letter from Broadwell Joseph and Cardozo

Development Code Agreement and Rezone
The DCA seeks to create a new Renewable Energy district and add a new section to the Development Code that will establish the allowable uses and development standards in this land use district. Rezone No. 23-000001 seeks to modify the zoning map on the northern 241-acres of the subject site from Rural Living (RL-5) to the Renewable Energy District. Rezone No. 24-000001 seeks to modify the zoning map on 60 acres of the southern 119 acres of Rural Living (RL-5) land to Single-Family Residential (RS-1).

Zone changes and DCAs are governed by Chapter 19.46 of the Twentynine Palms Municipal Code. In order to approve these entitlements, the City must find that the Zone Changes and DCA:
• Are consistent with the intent of the goals and policies of the General Plan;
• Prescribe reasonable controls and standards to ensure compatibility with other established uses;
• Provide reasonable property development rights while protecting environmentally sensitive land uses and species;
• Ensure protection of the general health, safety, and welfare of the community.169
The City cannot find the Rezone applications consistent with the goals and policies of the General Plan for several reasons. First, Rezone No. 23-000001 and the DCA would allow commercial solar fields to be built in the City of Twentynine Palms. For the same reasons discussed above in relation to GPAs, this conflicts with General Plan Goal LU-10 and Implementation Plan LU-10.1. Second, as discussed above, the Project will result in significant and unmitigated ROG emissions, rendering both rezone applications and the DCA inconsistent with the City’s Conservation and Open Space Element Implementation Policy CO-4.1.

The City also cannot find that the Rezone application and the DCA will protect the general health, safety, and welfare of the community. As discussed above, the Project will result in significant health risk from Valley Fever and air quality impacts from ROG emissions that were not adequately mitigated.

Conditional Use Permit
The CUP would allow the Solar Project to be constructed on the proposed site.

To approve a CUP the City must find that:
• The proposed design and location of the conditional use and the conditions under which it will be operated are in accordance with the purpose of the Development Code, the zoning regulations applicable to the site, the City of Twentynine Palms General Plan, and other applicable development policies and standards of the City;