Specific Plan Number #1 consisting of a map labeled Specific Plan #1 Area "A" and text labeled Specific Plan #1 Exhibit "A" is hereby adopted, a copy of which is on file in the office of the City Clerk and is made a part of this Chapter as if fully set out herein.

(89-44 § 1)

Specific Plan Number #2 consisting of a map labeled Specific Plan Area "B" and text labeled Specific Plan #2 Exhibit "A" is hereby adopted, a copy of which is on file in the office of the City Clerk and is made a part of this Chapter as if fully set out herein.

(89-44 § 2)

Specific Plan Number #3 consisting of a map labeled Specific Plan #3, Area "C" and text labeled Specific Plan #3 Exhibit "A" is hereby adopted, a copy of which is on file in the office of the City Clerk and is made a part of this Chapter as if fully set out herein.

(89-44 § 3)

Specific Plan Number #4 consisting of a map labeled Specific Plan #4, Area "D" and text labeled Specific Plan #4 Exhibit "A" is hereby adopted, a copy of which is on file in the office of the City Clerk and is made a part of this Chapter as if fully set out herein.

(89-44 § 4)

The maps of Specific Plans 1, 2, 3, and 4 shall not be published.

(89-44 § 5)

(a)

Specific Plan #10 consisting of a text and a map labeled Specific Plan #10, Exhibit "A" is adopted.

(b)

The map of Specific Plan #10 shall not be published.

(Ord. 121 §§ 1, 2, 1994)

Development Agreement Number 1, between the City of Twentynine Palms and Old Sage Wood Associates, Ltd. is hereby adopted and the Mayor is authorized to sign and execute the Agreement. A copy of said Development Agreement is on file in the office of the City Clerk of this City and is made a part of this Chapter as if fully set out herein.

(90-80 § 2)

Development Agreement Number 2, between the City of Twentynine Palms and Jim Bagley is hereby adopted and the Mayor is authorized to sign and execute the Agreement. A copy of said Development Agreement is on file in the office of the City Clerk of this City and is made a part of this Chapter as if fully set out herein.

(90-83 § 2)

Development Agreement Number 3, between the City of Twentynine Palms and 29 Fortunes, Inc. is hereby adopted and the Mayor is authorized to sign and execute the Agreement. A copy of said Development Agreement is on file in the office of the City Clerk of this City and is made a part of this Chapter as if fully set out herein.

(91-90 § 2)

The following words and phrases shall, for the purpose of this Chapter, be defined as follows, unless it is clearly apparent from the context that another meaning is intended.

(a)

"City" means the City of Twentynine Palms, California.

(b)

"City Engineer" means the City Engineer of the City of Twentynine Palms or his designee.

(c)

"Highway" means any public highway, public street, public way or public place in the City which has been acquired by the City by purchase, dedication or condemnation proceedings.

(d)

"Public Property" means any street, highway, sidewalk, gutter, driveway, retaining wall, storm drain, culvert, public way, public place or property which the City owns or controls by fee, easement or otherwise, except for any park.

(e)

"Person" includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust or business trust.

(f)

"Public agency" means and includes the United States of America, the State of California, any County, any municipal corporation including this City, any school district, any water district and any department or agency thereof.

(90-76 § 2)

It shall be unlawful for any person to excavate, construct, repair, alter, modify or obstruct in, upon or under any public property without first obtaining an Encroachment Permit therefore from the City Engineer as provided in this Chapter.

(90-76 § 3)

Applications for Encroachment Permits shall be filed not less than ten (10) calendar days before the work is proposed to be done. An applicant for an Encroachment Permit shall state in his application:

(a)

The location, nature and extent of the work to be performed;

(b)

The materials to be used;

(c)

The name and address of the applicant;

(d)

The reason the applicant needs to utilize public property;

(e)

The time during which it is estimated that the work will commence and be completed;

(f)

That the applicant agrees that if any tank, pipe, conduit, duct, tunnel or other installation of any nature or kind placed in the excavation, fill or obstruction for which the permit is issued which shall at any time in the future interfere with the use, repair, improvement, widening or change of grade of the highway, the applicant or his successors or assigns, within ten (10) days after the receipt of a written notice from the City Engineer to do so, will at his own expense either remove such tank, pipe, conduit, duct, tunnel or other installation, or, subject to the approval of the City Engineer, relocate them to a site which may be designated by the City Engineer; and

(g)

Such other information, including plans and specifications, as the City Engineer may require.

(90-76 § 4)

An applicant for an Encroachment Permit to construct any work shall pay fees for processing, engineering and inspection as established by resolution of the City Council.

(90-76 § 5)

(a)

The City Engineer may impose such conditions on the Encroachment Permit as he or she deems reasonably necessary for the protection of public property, the prevention of undue interference with traffic, the safety of persons using public property, or the public health, safety or welfare.

(b)

The City Engineer may impose such conditions on the Encroachment Permit as he or she deems reasonably necessary to mitigate all negative impacts of the work and improvements to be permitted. The conditions may include, but are not limited to, traffic improvements to mitigate traffic congestion resulting from the permitted work and relocating of any structure, public utility, tree or shrub, where such relocation is made necessary by the permitted work.

(c)

At a minimum, the Permit shall include the following conditions:

(1)

The Permit must be kept at the site of the work and be shown on demand to any authorized representative of the City or any law enforcement officer;

(2)

The Permit shall authorize work to be performed only as to such public property over which the City has jurisdiction;

(3)

All work shall be performed in accordance with the provisions of this Chapter and of all applicable laws, rules and regulations of the City and to the satisfaction of the City Engineer;

(4)

The Permit shall be nontransferable; and

(5)

The City Engineer may, either at the time of the issuance of the Permit or at any time thereafter until the completion of the work, prescribe such additional conditions as he may deem reasonably necessary for the protection of public property or for the prevention of undue interference with traffic or to assure the safety of persons using the public property.

(90-76 § 6)

If, in the opinion of the City Engineer, the work proposed to be done requires the making of plans or the setting of stakes, or both, the City Engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a registered civil engineer.

(90-76 § 7)

If the applicant complies with every provision of this Chapter and with all applicable provisions of any and all applicable City, State and Federal ordinances and regulations, the City Engineer shall issue to the applicant an Encroachment Permit, provided the City Engineer finds that:

(a)

The work to be performed pursuant to the Encroachment Permit will not cause any unreasonable interference with the intended use of the public property;

(b)

The work is reasonably necessary and is consistent with the public interest;

(c)

The work can be conducted without the possibility of injury to persons or property; and

(d)

All fees and charges established by the resolution of the City Council and/or deposits required hereunder have been paid or deposited.

(90-76 § 8)

On each application for a permit pursuant to this Chapter the applicant shall agree to indemnify, save, defend and hold harmless the City and its officers, volunteers, employees, attorneys and agents from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring or alleged to arise as a result of any work undertaken, improvement constructed or event conducted under any permit granted pursuant to this Chapter.

(90-76 § 9)

Any applicant aggrieved by any ruling of the City Engineer upon any application filed pursuant to the provisions of this Chapter may file—with the City Clerk a statement, addressed to the City Council, setting forth the contents of the application filed with the City Engineer and the reasons why it is believed the action was improper. The City Council, within thirty (30) days after the date on which such appeal is filed with the City Clerk, shall hear the appeal at a public hearing. The Council may grant such relief as it deems appropriate. The determination of the City Council shall be final.

(90-76 § 10)

(a)

Each applicant for an Encroachment Permit shall furnish a cash deposit in an amount determined by the city Engineer insuring the completion of the encroachment in full compliance with this Chapter and the conditions of the Encroachment Permit.

(b)

In lieu of cash deposits, the applicant may make and maintain with the City Engineer a blanket performance bond in an amount estimated by the City Engineer to be sufficient to pay for the cost of full compliance with this Chapter and the Encroachment Permit, including, but not limited to, permit issuance fees, inspection fees and expected repairs occasioned by future encroachments. Such bond shall be executed by a surety company authorized to transact business in the State of California and shall be in an amount equal to twice the estimated cost of performing the work authorized (and shall be no less than One Thousand Dollars ($1,000) and shall be for a minimum period of no less than one year.

(c)

Public agencies are exempt from this requirement.

(90-76 § 11)

Every permittee shall commence the proposed work within sixty (60) calendar days after the granting of the Encroachment Permit and thereafter prosecute the work to completion in a diligent and workmanlike manner.

(90-76 § 12)

The City Engineer may revoke or cancel the Encroachment Permit unless the work authorized therein is commenced within sixty (60) days of the issuance of the Permit and thereafter, in the opinion of the City Engineer, is diligently prosecuted to the completion in compliance with the terms of the Permit. Cancellation may be effected by giving written notice to the applicant by ordinary mail to the address shown on the application. A cancellation or revocation may be appealed under Section 17.44.090.

(90-76 § 13)

A permittee shall not make or cause to be made any excavation, or construct, place upon, maintain or leave any obstruction or impediment to travel, or pile or place any material in or upon any public property, or install or maintain or cause to be installed or maintained any tank, pipe, conduit, duct or tunnel—in, in, upon or under the surface of any public property at any location or in any manner other than that described in the application as approved by the City Engineer or contrary to the terms of the Permit or of any provision of this Chapter.

(90-76 § 14)

The permittee shall perform all work in accordance with the plans, if plans are made, and specifications referred to in the Encroachment Permit, and to the satisfaction of and under the supervision of the City Engineer. In addition, all work to be performed in, upon or across public property shall be in accordance with and conform to the City specifications, as established by the City Engineer from time to time.

(90-76 § 15)

(a)

Immediately upon completion of the work necessitating the excavation or obstruction authorized by any Permit issued pursuant to this Chapter, the permittee shall promptly and in a workmanlike manner refill the excavation, remove the obstruction and restore the surface of the public property, including the surface of any highway, to the satisfaction of the City Engineer and in compliance with standards established by the City.

(b)

If any permittee fails or refuses to refill any excavation which he has made or remove any obstruction which he has placed on any highway or to so restore the public property, the City Engineer may do so and the applicant shall promptly reimburse the City for the cost thereof.

(90-76 § 16)

If at any time subsequent to the first repair of an encroachment to public property it becomes again necessary to repair such public property due to settlement or any other cause directly attributable to such encroachment, the permittee shall pay to the City the actual cost of such additional repairs made by the City Engineer.

(90-76 § 17)

If any stakes set for any work covered by this Chapter are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the City Engineer to be sufficient to pay the cost of setting such additional stakes. The City Engineer may set the additional stakes. After such setting, a refund shall be paid to, or a deficiency shall be paid by, the permittee consistent with the cost of setting such additional stakes.

(90-76 § 18)

Not less than twenty-four (24) hours before the commencement of any work covered by this Chapter and during the regular business hours of the City Public Works Department, the permittee shall apply in writing to the City Engineer for an inspection.

In such application, he shall specify the day and hour when, and the location at which, the work to be commenced. The City Engineer may waive inspection if he believes such inspection is not necessary for the best interests of the City.

(90-76 § 19)

A permittee shall place and maintain adequate warning signs, lights and devices conforming throughout the length of the work and at each end of the project consistent with the specification determined by the City Engineer or other applicable agency until the work is completed to the satisfaction of the City Engineer. The permittee shall take such other precautions as may be necessary for the protection of the public. The City Engineer may, as a condition of the issuance of a permit, specify such additional signs or warning devices or measures to be used by the permittee, but the failure of the City Engineer to so specify the signs, devices or measures shall not relieve the permittee of his obligation hereunder.

(90-76 § 20)

(a)

Trenching for installation across any intersecting roadway open to traffic shall be progressive. Not more than one-half (½) of the width of a traveled way shall be disturbed at one time and the remaining width shall be kept open to traffic by bridging or backfilling.

(b)

More than one-half (½) of the width of a traveled way shall be disturbed at one time only upon the prior authorization by the City Engineer.

(90-76 § 21)

The shallowest portion of any pipeline or other facility shall be installed not less than thirty inches (30″) below the roadway surface unless otherwise authorized in writing by the City Engineer.

(90-76 § 22)

After the work has been completed, all debris and excess material from excavation, backfill and other restoration operations shall be removed from the public property and it shall be left in a neat and orderly condition to the satisfaction of the City Street Superintendent. All road-wide drainage ditches shall be restored to the original grades and the inlet and outlet ends of all culverts shall be left free and clear. Excess and nonsurfacing materials which adhere to roadway surfacing as a result of construction operations shall be removed by approved methods to the satisfaction of the City Engineer.

(90-76 § 23)

If a permittee, upon demand, fails to pay any costs due to the City hereunder for which no deposit has been made, the City may recover the same by an action in any court of competent jurisdiction. Until such deficiency or cost is paid in full, a Permit hereunder shall not thereafter be issued to such permittee.

(90-76 § 24)

Nothing in this Chapter prohibits any person from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the City are closed, if the person making such excavation obtains a Permit therefor within one day after the offices of the City Engineer are first opened subsequent to the making of such excavation.

(90-76 § 25)

Whenever any permittee has completed any work for which a Permit has been granted, he shall so notify the City Engineer in writing.

(90-76 § 26)

If the City Engineer by survey or by inspection, or by both, ascertains that the work has been completed according to the requirements of the Permit issued therefor, and of all of the provisions of this Chapter, he shall issue, if requested to do so by the permittee, a Certificate of Completion which shall contain a statement of the location, nature and extent of the work performed under the Permit.

(90—76 § 27)

A permittee shall remove all material and debris:

(a)

Where new work is covered with earth, in accordance with the terms of the specifications attached to the Permit; and

(b)

In all other cases within three (3) days.

(90-76 § 28)

(a)

Unlawful to Create Hazard on Public Property. It shall be unlawful for any person to place, track or otherwise deposit clay or mud debris of any sort in any manner on any public property or park.

(b)

Removal of Clay or Mud Debris. The City Engineer has the right to remove the clay or mud debris, and thereupon submit a statement of the cost of such removal to such person, his employer, employee or agent, and said person, employer, employee or agent shall pay such cost to the City.

(c)

Action to Recover Cost. The City may bring an action, including, but not limited to, an action for a public nuisance, against said person, his employer, employee or agent, to recover the cost of such removal by City Engineer and for costs of suit.

(d)

Injunction. The City may bring an action to enjoin any continued such placing, tracking or otherwise depositing by such a person, his employer, employee or agent, and for costs of suit.

(90-76 § 29)

It shall be unlawful for any person to place, put, turn or deposit into or upon any public property or park any oil or liquid—of—petroleum content, or to permit any such oil or liquid of petroleum content to escape from any property, owned or controlled by such person, so as to flow into or upon any public property or park.

(90—76 § 30)

It shall be and is hereby declared unlawful for any person to run, or to allow to run, upon any public property or park any irrigation, waste or other water, provided that such water may be allowed to run upon or in any gutter, culvert, drain ditch or the equivalent along the side of such public property or park if the same does not fill or overflow such ditch or run upon or percolate under the base of the paved or traveled portion of such public property or park.

(90-76 § 31)

The City Council finds and declares that there is a need for a redevelopment agency to function in the City of Twentynine Palms and hereby establishes and activates, pursuant to Health and Safety Code Sections 33100, 33101, and 33200, the Twentynine Palms Redevelopment Agency as the redevelopment agency for the City of Twentynine Palms. The establishment and activation of the Twentynine Palms Redevelopment Agency shall enable and facilitate the redevelopment of blighted areas of the City pursuant to the Community Redevelopment Law and shall promote the short- and long-term physical, social, and economic health of the community.

(91—99 § 1)

The City Council further declares, pursuant to Health and Safety Code Section 33200, that the City Council shall be the Twentynine Palms Redevelopment Agency and all of the rights, powers, duties, privileges, and immunities vested by the Community Redevelopment Law in a redevelopment agency shall be vested in the City Council.

(91-99 § 2)

The City Council hereby finds and declares that the action taken in Section 17.48.020 shall serve the public interest and promote the public safety and welfare in an effective manner by eliminating duplication and by vesting responsibility for redevelopment in elected officials, thereby providing accountability for any redevelopment projects proposed and undertaken in the community.

(91-99 § 3)

Until such time as the Twentynine Palms Redevelopment Agency adopts a resolution appointing a Chair, Vice Chair, Executive Director, and Secretary of the Agency, the Mayor shall serve as the Chair, the Mayor Pro-Tem shall serve as the Vice Chair, the City Manager shall serve as Executive Director, the Community Development Director shall serve as the Assistant Executive Director, and the City Clerk shall serve as Secretary, of the Twentynine Palms Redevelopment Agency.

(91-99 § 4)

The City Council hereby finds and declares that community input to the redevelopment process in the City is important and therefore authorizes the Twentynine Palms Redevelopment Agency, from time to time and when it deems appropriate, to appoint, by resolution, an advisory group to facilitate community input to the redevelopment process.

(91-99 § 5)

The purposes and intent of the City Council with respect to the 4 Corners Redevelopment Project Area (the "Project Area") are:

(a)

The elimination of existing blighted conditions, be they properties or structures, and the prevention of recurring blight in the Project Area;

(b)

The development and redevelopment of property within a coordinated land use pattern of commercial, residential, resort, recreation, and public facilities in the Project Area consistent with the goals, policies, objectives, programs, standards, guidelines, and requirements as set forth in the City's adopted General Plan;

(c)

The development of public services and facilities including, but not limited to, emergency, cultural, recreational, maintenance, and operational services and facilities as are necessary and required for the redevelopment of the Project Area;

(d)

The elimination of environmental deficiencies including inadequate street improvements, inadequate utility systems, and inadequate public services; and mitigation of the potential social, physical, and environmental characteristics of blight;

(e)

The development of a more efficient and effective circulation corridor system free from hazardous vehicular, pedestrian, equestrian, and bicycle interfaces designed to their ultimate circulation flow;

(f)

Beautification activities to eliminate all forms of blight including, but not limited to, visual blight, in order to encourage community identity;

(g)

The encouragement, promotion, and assistance in the development and expansion of local commerce and needed commercial and resort facilities, increasing local employment and improving the economic climate within the Project Area;

(h)

The acquisition, assemblage, and/or disposition of sites of usable and marketable sizes and shapes for commercial, resort, recreation, residential and public facility development within the Project Area;

(i)

The creation of a more cohesive and unified community by strengthening the physical, social, and economic ties between the downtown and resort, residential, commercial, and recreational land uses within and adjacent to the Project Area;

(j)

To provide for very low-, low- and moderate-income housing availability as required by County, Region, or State law, as necessary, desirable, and consistent with the goals and objectives of the community;

(k)

To encourage the coordination, cooperation, and assistance of other local agencies, as may be deemed necessary, to ensure that projects undertaken by this Agency are implemented to their fullest and practical extent;

(l)

The achievement of a physical environment reflecting a high level of concern for architectural and urban design principles deemed important by the community and property owners;

(m)

To encourage participation in the redevelopment of the Project Area by owners of real property in the Project Area and by operators of businesses in the Project Area consistent with the objectives, goals, and requirements of the Redevelopment Plan and General Plan;

(n)

To provide a procedural and financial mechanism by which the Agency can assist, complement, and coordinate public and private development, redevelopment, revitalization, and enhancement of the community;

(o)

To ensure that the community maintains a competitive position with surrounding communities, so as to enhance the economic climate and stability of the Project Area and the community;

(p)

To provide relocation assistance opportunities to persons and businesses temporarily or permanently displaced by redevelopment activities in the Project Area.

(Ord. 114 § 1, 1993)

The Redevelopment Plan for the 4 Corners Redevelopment Project Area, on file with the City Clerk's office, is approved, adopted and designated as the official Redevelopment Plan for the 4 Corners Redevelopment Project Area, and is incorporated herein by reference.

(Ord. 114 § 2, 1993)