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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

Post-approval Inspections. If the permit or other action in compliance with this Title is approved, the owner or applicant shall allow authorized City officials access to the premises in order to determine compliance with the approved permit and/or any conditions of approval imposed on the pennant.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

All applications for a permit, as identified in Chapters 19.30 through 19.64 of this Development Code, must be submitted to the Planning Division in a manner approved by the Community Development Director.

B.

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

C.

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

D.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

C.

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

1.

A written explanation of the delay.

2.

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

D.

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

E.

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

1.

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

2.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

1.

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

2.

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

B.

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

C.

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

D.

Incomplete Applications. If additional information or submittals are required and the application is not made complete within 60 days of the completeness determination letter, the application may be deemed by the City to have been withdrawn in accordance with Section l9.28.070 (Withdrawal of Application).

E.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

After acceptance of a complete application, the project shall be reviewed in accordance with the environmental review procedures of the California Environmental Quality Act (CEQA). Pursuant to Government Code Section 65944(d)(1), after the Community Development Director deems a development application complete, the Director shall provide a copy of the complete application to the Marine Corps Air Ground Combat Center for comment at least 30 days prior to any action by a decision-making body. All discretionary applications shall be subject to this requirement. The Community Development Director may refer an application for review and comment to any other government agency and/or City department that he/she determines appropriate to ensure compliance with all provisions of the Municipal Code and other adopted policies and plans. For permit requests decided at the administrative level, the Director will prepare a report, including a decision to approve, conditionally approve or deny the application. For permit requests to be heard by the Planning Commission and/or City Council, the Director will prepare a report to the recommending authority and designated approving authority describing the project and may include a recommendation to approve, conditionally approve or deny the application. The report shall be provided to the applicant prior to consideration of the permit request, but no later than three business days prior to the hearing. The report may be amended as necessary or supplemented with additional information at any time prior to the hearing to address issues or information not reasonably known at the time the report is prepared.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

1.

Date, time and place of hearing.

2.

Identification of the reviewing or approving authority.

3.

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

4.

Project description.

5.

Identification of project proponents/applicants.

6.

CEQA determination statement.

7.

Statement related to appeals and challenges, if applicable.

8.

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

C.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

D.

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

E.

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

F.

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

G.

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

H.

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

1.

Planning Commission Determination. The written notice of decision shall include:

a.

The application request as acted upon by the Planning Commission.

b.

Any conditions of approval or other requirements applied to the decision.

c.

The action taken by the Planning Commission.

d.

The deadlines, criteria and fees for filing an appeal.

2.

City Council Determination. The written notice of decision shall include:

a.

The application request as acted upon by the City Council.

b.

Any conditions of approval or other requirements applied to the decision.

c.

The action taken by the City Council.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

Table 19.28.110-1\Approving Authority for Land Use Permits

CC = City Council
PC = Planning Commission
CDD = Community Development Director
NA = Not Applicable

B.

Multiple Entitlements. When a proposed project requires more than one permit or entitlement with more than one approving authority, all project permits and entitlements shall be processed concurrently and final action shall be taken by the highest-level designated approving authority for all such requested permits and entitlements.

C.

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

D.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

Table 19.28.120-1\Appeal Authority

B.

Right to Appeal. Any aggrieved person may file an appeal pursuant to this Chapter. An aggrieved person shall be any person who, in person or through a representative, appeared at a public hearing of the City of Twentynine Palms in connection with the decision or action being appealed; or who, by other appropriate means prior to the hearing, informed the approving authority of the nature of his/her concern(s); or who, for good cause, was unable to do either.

C.

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

1.

The date the action was taken.

2.

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

3.

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

4.

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

5.

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

D.

City Council Member Appeal. Any member of the City Council may initiate an appeal of any action of the Planning Commission based on the requirements of Section 19.28.120.C (Filing an Appeal). Appeals filed by the City Council, as set forth herein, shall be exempt from payment of fees that would otherwise apply.

E.

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

F.

Appeal Hearing and Action. Each appeal shall be considered a de novo (new) hearing. In taking its action on an appeal, the appeal authority shall state the basis for its action. If the appeal authority finds that the approving authority did not misinterpret any policy or ordinance or did not err in exercising its discretion, the appeal shall be denied. If the appeal authority finds that the approving authority did misinterpret a policy or ordinance and/or err in exercising its discretion, the appeal authority shall provide written findings for its decision prior to taking action to approve the appeal. The appeal authority may act to confirm, modify, reverse the action of the approving authority, in whole or in part, or add or amend such conditions as it deems necessary. Written notice of decision shall be issued in accordance with Section l 9.28.100.H (Notice of Decision).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

1.

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

2.

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

3.

The site is occupied in accordance with the approved permit.

4.

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

5.

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

C.

Permit Extensions. The approval of an extension extends the expiration date for up to two years from the original permit or entitlement expiration date. A maximum of three extensions are permitted.

1.

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

2.

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

3.

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

D.

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

E.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

C.

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

1.

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

2.

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

a.

Applicability. A minor amendment is a non-substantive change of a previously approved permit. Minor amendments include:

i.

Changes to residential projects which result in a change in total number of units equal to or less than 10 percent of the existing number of units or equal to or less than 10 units, whichever is less.

ii.

Floor plan changes which result in a change in total square footage equal to or less than ten percent of the existing square footage or equal to or less than 2,500 square feet, whichever is less.

iii.

Modifications to parking and circulation configurations which do not change the basic parking areas or circulation concept and do not reduce the number of required parking spaces by 10 percent or less of the otherwise required parking spaces.

iv.

Building placements which do not change the general location of the building or layout of the site.

v.

Landscape modifications which do not alter the general concept or reduce the effect or amount of landscaping originally approved.

vi.

Changes to allow fulfillment of a condition of approval in a manner that may vary from that specified in the original conditions, provided that the intent and purpose of such original condition is fully met.

vii.

Other requests similar to the above-listed minor amendments, as determined by the Director.

b.

Review Process. The Director is the designated approval authority for minor amendments. No public hearing shall be required. A written notice of decision shall be issued in the same manner as the original permit. Minor amendments may be appealed.

3.

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

a.

Applicability. A major amendment is a substantive change of a previously approved permit. Major amendments include:

i.

Changes to residential projects which result in a change in total number of units of more than ten percent of the existing number of units or more than ten units, whichever is less.

ii.

Floor plan changes which result in a change in total square footage of more than ten percent of the existing square footage or more than 2,500 square feet, whichever is less.

iii.

Modifications to parking and circulation configurations which change the basic parking areas or circulation concept or result in a reduction of the number of required parking spaces exceeding ten percent of the otherwise required parking spaces.

iv.

Building placements which change the general location of the building or layout of the site.

v.

Landscape modifications which alter the general concept or reduce the effect or amount of landscaping originally intended.

vi.

Changes to a condition of approval in a manner that changes the effect of the condition from its original form and intent.

vii.

All amendments to an approved Development Agreement.

viii.

Other requests similar to the above-listed major amendments, as determined by the Director.

b.

Review Process. The original approving authority shall be the designated approving authority for major amendments. A major amendment shall be processed in the same manner and subject to the same standards as the original application.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Violations.

1.

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

2.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

l.

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

2.

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

B.

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

1.

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

2.

The permit or entitlement was obtained by misrepresentation or fraud.

3.

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

4.

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

C.

Approving Authority.

1.

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

2.

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

D.

Noticed Public Hearing. The decision to revoke or modify a permit granted pursuant to the provisions of this Title shall be considered at a noticed public hearing, as applicable. Public notice shall be provided, and a public hearing conducted pursuant to Section 19.28.100 (Public Hearing and Public Notice), except that a special notice shall also be delivered in writing to the applicant and/or owner of the property for which the permit was granted.

E.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

1.

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

2.

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

3.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

C.

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

1.

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

2.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

Applicant. An owner or an owner's authorized agent who submits an application, proposal, petition, or project to the City.

B.

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

1.

Development Agreements

2.

Zoning Map and Development Code Amendments

3.

General Plan Amendments

4.

Zone Change (Rezone)

5.

Parcel Maps and/or Subdivision Maps

6.

Specific Plans and Amendments

7.

Planned Developments

8.

Site Plan Review

9.

Conditional Use Permits

10.

Administrative Use Permits

11.

Variances

12.

Minor Exceptions

13.

Surface Mining and Land Reclamation Permits

14.

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

C.

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

D.

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

E.

City. The City of Twentynine Palms.

F.

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

G.

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

H.

Owner's Authorized Agent. An agent of the Owner who is duly authorized to submit and process an application.

I.

Project Account. The individual account established by the Director or his or her designee upon receipt of an application and application deposit.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

C.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

C.

Replenishment. In the event the Director or his or her designee determines that the balance remaining in the Project Account is insufficient to cover the anticipated expenses remaining in the Application process, he or she shall request that the Applicant replenish the Project Account before additional work on the relevant Application continues. The deposit replenishing the Project Account shall be made in the same form and its amount shall be based upon the same factors listed in Section 19.29.040(a) above. If payment is not received, the Director or his or her designee shall send a written notice to the Applicant, City Staff, and City Consultants instructing them to cease all work relating to the project unless and until further notice from the Director or his or her designee. Work shall not re-commence unless and until all outstanding fees, costs and expenses due under this Chapter are paid in full and all required account replenishment is made.

D.

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

E.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

An Applicant shall provide prompt written notice to the Director in the event of a change in ownership of all or a portion of a lot, tract, or parcel of real property with respect to which an Application is pending before the City. Such notice shall include the name, address and phone number of the new owner and a legal description of the lot, tract or parcel of real property now owned by the new owner. Any such new owner (i) shall not be entitled to utilize or draw upon any Application Deposit previously paid to the City by the original Applicant, (ii) shall be liable to the City for all fees, costs and expenses related to the lot, tract or parcel of real property which arise subsequent to the date the new owner acquires title to such real property, and (iii) may be required by the City to submit a separate Application Deposit in the same manner as the original Application Deposit, in which case a separate Project Account will be opened in the name of the new owner or the new owner's authorized agent. If a separate Application Deposit is required, no work shall be undertaken by the City or its Consultants with respect to the lot, tract or parcel of real property under control of the new owner until a separate Application Deposit is paid to the City. Until such time as the City receives such written notice of a change in ownership, the original Applicant and the new owner shall be jointly and separately liable to the City for all fees, costs and expenses associated with the Application. Additionally, the original applicant shall be entitled to a refund of any Application Deposit balance as of the date said change of ownership notice is received by the City, provided all assessable costs, expenses and fees incurred to that date are paid in full and a substitute Application Deposit has been received from the new owner.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The Zoning Clearance process is to ensure that all new and modified uses and structures comply with applicable provisions of this Development Code, using administrative procedures and a thorough but typically "over-the-counter" planning approval for Building Permits, business licenses, and other City applications that require approval from a different City department and can be processed by the Community Development Department in a relatively short time period.

Zoning Clearance is required for the following actions:

A.

Modifications to parking and circulation configurations which change the basic parking areas or circulation patterns, but result in no change in the number of parking spaces.

B.

All structures that require a Building Permit.

C.

All planning permit approvals to ensure compliance with applicable conditions of approval.

D.

Other City applications that may be subject to the provisions of this Title, including, but not limited to, business license, encroachment, and grading and improvement plans.

Zoning Clearance requires no separate application through the Community Development Department.

A Zoning Clearance is processed as part of the related City action, such as a Building Permit application or business license.

No public hearing is required for review of a Zoning Clearance.

The Community Development Director may impose requirements in order to ensure compliance with this Code and to prevent adverse or detrimental impact to the surrounding neighborhood.

Zoning Clearance shall be granted only when the Community Development Director finds the proposal to be in conformance with all applicable provisions of this Code.

Approval of a Zoning Clearance shall be issued as part of the related action, such as a Building Permit application or business license. No separate written notice of decision is required by the Community Development Department.

A Zoning Clearance is effective immediately following approval of the related action, such as a Building Permit application or business license.

Zoning Clearances are a ministerial action and are not subject to appeal.

An approved Zoning Clearance does not expire.

No extensions of time are necessary as an approved Zoning Clearance does not expire.

Any amendments affecting an approved Zoning Clearance shall be handled as a new Zoning Clearance review.

These regulations are provided so that certain incidental and accessory uses may be established in residential neighborhoods under conditions that will ensure their compatibility with the neighborhood. They are intended to protect the rights of the residents to engage in certain home occupations that are harmonious with a residential environment.

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

A.

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

B.

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

1.

Barber and beauty shops.

2.

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

3.

Massage, except for home office uses associated with this activity.

4.

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

5.

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

6.

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

7.

Welding.

8.

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

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

A.

Application Filing and Processing. Applications for Home Occupation Permits shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

C.

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

D.

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

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

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

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

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

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

Home occupations shall comply with all of the following operating standards at all times:

A.

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

B.

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

C.

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

D.

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

E.

No more than two persons other than a member of the immediate family occupying such dwelling shall be employed

F.

There shall be no signs other than those permitted by Chapter 19.88 (Signs).

G.

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

H.

There shall be no outdoor storage of merchandise, supplies, equipment or other materials related to the home occupation operation.

I.

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

J.

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

K.

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

L.

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

M.

A Home Occupation Permit shall not be transferable to another property or dwelling unit or to any subsequent owner of the property.

N.

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

O.

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

P.

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

Q.

Storage and parking of vehicles on the premises, used in conjunction with the home occupation, shall be limited to automobiles and light trucks not exceeding 10,000 pounds gross vehicle weight.

R.

Home occupation activities shall be conducted indoors.

S.

No more than 500 square feet of floor area may be used for storage of materials and supplies used for the home occupation.

T.

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

(Ord. No. 320, § 4(Exh. A), 8-13-2024

Notwithstanding any of the provisions above, a cottage food operation as defined by the state of California under the provisions and allowances of Assembly Bill 1616 shall be allowed in any legally established residential unit in the City of Twentynine Palms provided that the provisions of Section 19.32.060 and the following requirements are met:

A.

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

B.

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

C.

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

D.

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

E.

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

F.

The individual granted approval for a cottage food operation being conducted within or upon a property with more than one residential unit shall post signage and enforce requirements prohibiting, at all times, the loitering of one or more persons within or upon the property where the cottage food operation is being conducted.

G.

Violations of Chapter 19.32 (Home Occupation Permit) may result in the revocation of the Business License and Home Occupation Permit issued by the City of Twentynine Palms. Operators who have had their City-issued Home Occupation Permit revoked shall be prohibited for two years from applying for another Home Occupation Permit fora cottage food operation.

(Ord. No. 320, § 4(Exh. A), 8-13-2024)

The purpose of this Chapter is to establish standards for temporary activities and uses to ensure the overall health, safety and general welfare of the community is maintained and to establish permit and processing requirements of these temporary activities and uses.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

A.

Temporary Use Permit Required. A Temporary Use Permit is required for each individual, agency, organization, institution or business wishing to conduct a temporary activity or use in conformance with the standards of this Chapter. A Temporary Use Permit is required for the following activities and uses:

1.

Circuses, carnivals, concerts, rodeos, parades, car shows/sales, motor sports events, or similar- outdoor events or enterprises.

2.

' Farmers market uses.

3.

Outdoor art and craft shows and exhibits.

4.

Sidewalk or parking lot sales.

5.

Christmas tree sales lots, Halloween pumpkin sales, and other similar holiday sales.

6.

Charitable or school-sponsored drop-off bins for recycling and/or for drop-off of clothes and small items.

7.

Temporary security quarters, earth stockpiling sites, and/or storage yards on the site of a construction project.

8.

Reserved.

9.

Temporary model home/sales office for the sale or lease of residential property or vacant lots.

10.

Manufactured homes, mobile offices, or other approved structures to provide temporary office, retail, meeting, assembly, wholesale, manufacturing and/or storage space for commercial, industrial or institutional uses.

11.

Seagoing cargo containers and other similar storage containers used for temporary storage.

12.

Recreational or other civic uses which are strongly vested with public or social importance.

13.

Additional uses and corresponding regulations determined by the Community Development Director.

B.

Conditional Use Permit Required. Uses identified in Subsection 19.34.020.A of a proposed duration exceeding that specified in Section 19.34.160 (Temporary Use Standards) shall require a Conditional Use Permit in accordance with Chapter 19.42 (Conditional Use Permit).

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

A.

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

B.

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

C.

A copy of the public liability insurance, along with an endorsement naming the City of Twentynine Palms as an additional insured, and which includes coverage for the effective dates of the permit with a minimum limit of liability of $1 million per claim or occurrence shall be submitted with the application.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

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

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

No public hearing is required for processing of a Temporary Use Permit.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

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

A.

Hours of operation.

B.

Walls, fences and lighting necessary to reduce possible detrimental effects to surrounding properties and to protect the public health, safety and welfare of the City.

C.

The issuance of a cash performance bond deposited with the City to defray the City's costs of providing services or cleaning up the property in the event the permittee fails to do so.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Prior to approving a Temporary Use Permit as prescribed by this Chapter, the approving authority shall make all the following.findings:

A.

The operation will not jeopardize, endanger or otherwise constitute a risk to public health, safety or welfare.

B.

The proposed site will accommodate the temporary use without being materially detrimental to the use and enjoyment of other properties in the vicinity.

C.

The proposed site is adequately served by streets or highways having sufficient width and improvements to accommodate the traffic that the temporary use will or could reasonably be expected to generate.

D.

Adequate temporary parking will be available either on-site or at an acceptable alternate location.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

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

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

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

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

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

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Temporary Use Permits shall expire one year from the date the original approval was granted, unless a shorter period is specified in the terms of the permit approval.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

No extensions are permitted for Temporary Use Permits.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Amendments to an approved Temporary Use Permit shall be processed as a new application.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Where this Chapter prescribes regulations more restrictive than the land use district in which a temporary use is proposed, the provisions of this Chapter shall apply.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

A.

General Standards. The following standard shall apply to all temporary activities and uses:

1.

Upon completion or removal of the temporary activity or use, each site shall be left free of litter and any other evidence of the temporary use within 48 hours.

B.

Standards by Activity/Use, The following standards shall apply to the specified temporary activity or use: .

1.

Circuses, carnivals, concerts, rodeos, parades, car shows/sales, motor sports events, or similar outdoor events or enterprises shall not exceed seven consecutive calendar days of operation. A maximum of four events may be held in any calendar year.

2.

Farmers market uses shall not exceed 28 days in duration in any calendar year and shall not exceed seven consecutive calendar days of operation, except as otherwise allowed pursuant to Chapter 19.110 (Farmers Market Uses). A maximum of four events may be held in any calendar year. All farmers market uses shall comply with the standards of Chapter 19.110 (Farmers Market Uses).

3.

Outdoor art and craft shows and exhibits shall not exceed seven consecutive calendar days of operation, A maximum of four events may be held in any calendar year.

4.

Sidewalk or parking lot sales shall be in commercially zoned districts and shall not exceed seven consecutive calendar days of operation. A maximum of four events may be held in any calendar year.

5.

Christmas tree sales lots, Halloween pumpkin sales, and other similar holiday sales shall not exceed 40 consecutive calendar days of operation. A maximum of four events may be held in any calendar year.

6.

Charitable or school-sponsored drop-off bins for recycling and/or for drop-off of clothes and small items shall be located on commercial, industrial, or publicly owned property and may not exceed 90 days in duration in any calendar year. These may be consecutive days or cumulative days in any calendar year.

7.

Temporary security. quarters, earth stockpiling sites, and/or storage yards on the site of a construction project may continue for the duration of a valid Building Permit.

8.

Reserved.

9.

Temporary model home/sales office for the sale or lease of residential property or vacant lots shall meet the following minimum requirements:

a.

The model home/sales office shall be located in the subdivision or development for which the property is being offered.

b.

A minimum of four paved parking spaces shall be provided.

c.

A cash performance bond shall be provided, in an amount appropriate to guarantee removal and/or conversion of the sales office and attendant facilities.

10.

Manufactured homes, mobile offices, or other approved structures to provide temporary office, retail, meeting, assembly, wholesale, manufacturing and/or storage space for commercial, industrial or institutional uses may continue for the duration of a valid Building Permit.

11.

Seagoing cargo, containers and other similar storage containers used for temporary storage may continue for the duration of a valid Building Permit.

12.

Recreational or other civic uses which are strongly vested with public or social importance. Such uses may continue for the duration as specified in the permit, not to exceed 30 consecutive days.

(Ord. No. 304, § 4(Exh. A), 6-27-2023)

Editor's note— Ord. No. 304, § 4(Exh. A), adopted June 27, 2023, repealed the former § 19.34.150, which pertained to annual renewal of temporary use permit, and renumbered the previous § 19.34.160 as § 19.34.150. The former § 19.34.150 derived from the original codification.

The purpose of this Chapter is to establish standards for filming, videotaping, motion picture, still photography, and the use of drones for filming activity for commercial purposes and to ensure that the overall health, safety and general welfare of the community is maintained and to establish permit and processing requirements of these activities and uses.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Except as otherwise exempt by this Chapter, a Film Permit is required for each individual, agency, organization, institution or business wishing to conduct any filming, videotaping, motion picture and still photography, and the use of drones for filming activity or use within City limits.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

The provisions of this Chapter shall not apply to the following:

A.

News media, for the purpose of television news broadcast by reporters, photographers or cameramen.

B.

Filming activities conducted for use in a criminal investigation, civil proceedings and emergencies, such as fire, flood, police actions, etc.

C.

Film crews of less than five people, limited to the use of two passenger vehicles,

D.

Filming activities that are conducted completely inside a structure not visible from the public, and limited to two passenger vehicles,

E.

Filming with a cell phone or handheld camera for personal use or online platform, limited to five participants and two passenger vehicles.

F.

Filming personal events such as a wedding, birthday party, etc.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

A.

Application Filing and Processing. Applications for a Film Permit shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

C.

Filming activities less than or equal to seven days in duration will require that the application shall be filed no less than ten working days prior to the proposed filming activity. The applicant is required to provide proof of noticing as directed by the City and will require a Minor Film Permit.

D.

Filming activities greater than seven days in duration will require that the application shall be filed no less than ten (30) working days prior to the proposed filming activity and will require a Major Film Permit.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Film Permits shall be approved by the Community Development Director or his/her designee. The designated approving authority is authorized to approve, conditionally approve, modify or deny a Film Permit application.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

In approving an application for a Film Permit, the approving authority 'may impose reasonable and appropriate conditions in order to achieve the purposes of this Code, ensure consistency with the goals and policies of the General Plan. Conditions may include, but shall not be limited to:

A.

Restrictions on hours of filming activity .

B.

Requirements concerning notice to affected property owners of the filming activity.

C.

Requirements concerning posting of no parking signs and placement of other traffic control devices.

D.

Requirements for the presence of County Sheriff, County Fire Dept., or City Public Works employees when required, at the applicant's expense.

E.

Restrictions on the use of gunfire, pyrotechnics, explosions, and/or other noise-creating or hazardous devices.

F.

Restrictions on construction of new structures (i.e. stages), including the requirements of utility connections thereto.

G.

Restrictions on the use of lighting equipment, especially at night.

H.

Special noticing requirements if the filming activities emulate law enforcement, military, or weaponry.

I.

Restrictions of activities within certain areas of the City, or nearby sensitive areas.

J.

Restrictions on the use of drones for the purpose of filming.

K.

Filming permit activity may not exceed a total of 90 days at one location in one calendar year.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

A.

Any proposed filming activity that may be conducted in the public right of way or may impact traffic circulation shall require the submittal of Encroachment Permit to the Engineering Division.

B.

The use of, or emulation of, any type of weaponry shall require written approval from the San Bernardino County Sheriffs office.

C.

The use of, or emulation of, any type of explosives, fires, or pyrotechnics shall require written approval from the San Bernardino County Fire Department.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

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

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Film Permits are valid only for the dates specified in the application and shall expire on the last date listed.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Extension of time may be permitted, provided that no violations of the Conditions of Approval have occurred as a part of the filming activity.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Amendments to an approved Film Permit shall be processed as a new application.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Site Plan Review Required. A Site Plan Review is required prior to establishment or construction of any permitted use so designated in the applicable land use tables (Chapters 19.08 thru 19.22), subject to the following:

1.

Structural additions less than 500 square feet do not require land use entitlement.

2.

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

3.

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

4.

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

5.

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

6.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

No public hearing is required for review and processing of a Site Plan Review.

A.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

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

D.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Appeal

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Exceptions to development standards may be necessary to allow creative design solutions and to accommodate unique site conditions. The minor exception process allows minor deviations from certain Development Code requirements to be approved at the administrative level to provide relief from the unintended consequences of strict application of development standards.

A minor exception may be applied to the following development standards in any zone to a maximum reduction or increase as specified. Minor exceptions do not apply to land use or density and shall not waive or modify a specific prohibition or procedural requirement.

A.

Required setbacks to a maximum exception of 10 percent.

B.

Building height to a maximum exception of 10 percent.

C.

Lot coverage (percent) to a maximum of 10 percent or up to 1,000 square feet, whichever is greater.

D.

Floor area ratio to a maximum of 10 percent.

E.

Fence, wall and screen (height only) to a maximum of 10 percent.

F.

Off-street parking requirements (excluding stall and aisle dimensions) to a maximum of 10 percent.

G.

Clear site triangle (height only) to a maximum of 6 feet.

A.

Application Filing and Processing. Applications for a minor exception shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

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

No public hearing is required for review and processing of a minor exception.

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

Prior to approving a minor exception as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

The proposed development is of sufficient size and is designed so as to provide a desirable environment within its own boundaries.

B.

The proposed development is compatible with existing and proposed land uses in the surrounding area.

C.

Any exceptions to or deviations from the requirements or development standards result in the creation of appropriate and necessary project design solutions that would not be available through adherence to otherwise required Code provisions (e.g., additional open space, protection of natural resources, improved pedestrian connectivity, public plazas).

D.

Granting the minor exception will not adversely affect the interests of the public or the interests of residents and property owners in the vicinity of the project.

E.

Granting the minor exception is necessary for the preservation and enjoyment of a substantial right of the applicant possessed by other property in the same zone and vicinity.

F.

The proposed development is consistent with the purposes of the General Plan or any applicable specific plan or development agreement.

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

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

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

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

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

The expiration date of a minor exception may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

Any amendments affecting an approved minor exception shall be handled as a new application.

This Chapter establishes procedures for approval, conditional approval, and denial of Administrative Use Permits. The Administrative Use Permit provides for Director review and determination of requests for uses and activities whose effects on adjacent sites and surroundings need to be evaluated in terms of the specific development proposal for a specific site.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

No public hearing is required for review and processing of an Administrative Use Permit.

A.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

Requirements for street and other infrastructure improvements and related dedications.

D.

Regulation of vehicular ingress, egress, and traffic circulation.

E.

Regulation of hours of operation or other characteristics of operation.

F.

Requirements for increased security.

G.

Requirements for periodic review.

H.

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

I.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The land use table may not include all possible uses. When a specific use is not listed, the Similar Use Determination establishes a process for the review and possible addition of new uses to the land use table.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The Planning Commission shall hold a public hearing to make a decision on Similar Use Determinations when such determinations are referred to the Commission by the Director. A public hearing shall be set and notice given in accordance with Section 19.28.l00 (Public Hearing and Public Notice).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

The application request as acted upon by the approving authority.

B.

The action taken by the approving authority.

C.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Approved Similar Use Determinations do not expire.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

The purpose of this Chapter is to establish the regulations governing the use of a residential dwelling unit as a vacation home rental, as defined herein. The owner of a vacation home rental shall apply for and secure a license authorizing such use in the manner provided for by this Chapter in order to safeguard the peace, safety and general welfare of the residents of Twentynine Palms by eliminating excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and the accumulation of refuse related to vacation home rentals.

B.

Prior to the adoption of the provisions contained in this Chapter, there were no provisions in the City's Development Code or the County's applicable Land Use Regulations that identified or allowed the establishment of a "vacation home rental" as a legally licensed land use. Accordingly, nothing in this Chapter shall be construed to identify or allow an existing use to be classified or considered a legal nonconforming vacation home rental land use subject to the provisions and allowances of Chapter 19.142 (Nonconforming Buildings and Uses).

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

A.

The total number of vacation home rental licenses allowed within the City of Twentynine Palms shall be limited to 500 detached, single-family houses. This cap will be reevaluated in the year 2030 based on data from the 2030 U.S. Census.

B.

The total number of vacation home rental licenses within the City of Twentynine Palms that any one person, persons, or business entity with financial interest can own is limited to five (5).

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

For the purpose of this Chapter, the following definitions shall apply:

A.

Agent. The representative, if any, designated by the owner in accordance with Section 19.41.030 (Owner's Agent).

B.

Occupant (Guest). Any person who occupies or is entitled to occupy by reason of concession, license, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a vacation home rental is a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, an uninterrupted period of time extending both prior and subsequent to the effective date of this Chapter may be considered.

C.

Owner. The person(s) or entity(ies) that hold(s) legal and/or equitable title to the residence for which the vacation home rental license is sought.

D.

Vacation Home Rental. A licensed short-term rental of any detached, single-family dwelling or any portion of any detached single-family dwelling for occupancy, dwelling, lodging or sleeping purposes for a minimum of one consecutive night, but no more than 30 consecutive calendar days in duration. "Short-term rental" is included in the definition of "hotel" for purposes of collecting transient occupancy tax pursuant to Chapter 3.24 of the Municipal Code. A vacation home rental shall be considered a short-term rental for purposes of Chapter 3.24 of the Municipal Code.

E.

Procedural and Minor Nuisance Violations. These are violations that violate the City's rules and regulations but do not typically disturb or endanger the public at large and include improper placement of notification signage, trash cans left along the roadside after the required removal time, unattended pets, and an excessive number of vehicles parked on site.

F.

Disturbance and Safety Violations. These are violations that endanger the occupants of the vacation home rental or the surrounding area and residents or create unreasonable noise or disturbances, and include loud parties, disorderly conduct, overcrowding, the use of illegal drugs, unattended fires, fireworks, or illegal vehicle parking in a manner that constricts the roadway.

G.

Noise Mitigation Plan. A noise mitigation plan shall at a minimum consist of a sign placed adjacent to the evacuation map and a good neighbor brochure listing the rules and requirements including the prohibition of excessive noise and loud parties.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

No owner of a vacation home rental shall rent, offer to rent, or advertise for rent the vacation home rental to another person without a valid vacation home rental license approved and issued in the manner provided for by this Chapter.

A.

Vacation home rental use shall be limited to only those dwelling units that are physically separate, "stand-alone", detached single-family residential units, not attached to or sharing a common wall, with any other residential unit being considered for the vacation home rental.

B.

A vacation home rental use may be established on any parcel within any land use/zoning district when such property is occupied by one or more physically separated structures built as individual single-family residential homes. Subject to the requirements and standards established in this Chapter, and approval of a Conditional Use Permit in compliance with the procedures and findings established in Chapter 19.42 (Conditional Use Permit), the Planning Commission may approve the use of attached residential units that the Planning Commission determines warrant consideration based upon their historic character or community value.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

An application for a Vacation Home Rental license shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

An owner may retain an agent or a representative to comply with the requirements of this Chapter, including, without limitation, the filing of an application for a license that has been signed and notarized by the owner and the management of the vacation home rental, and in compliance with the conditions to the license. The license shall be issued only to the owner of the vacation home rental. The owner is responsible for compliance with the provisions of this Chapter and the failure of an agent to comply with this Chapter shall be deemed noncompliance by the owner.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

The owner or owner's agent shall submit an application for a Vacation Home Rental license to the Community Development Director (Director). The application for a Vacation Home Rental license shall be upon forms provided by the City and shall contain at a minimum the following information:

A.

The name, address and telephone number of the owner of the vacation home rental for which the license is to be issued.

B.

The name, address and telephone number of the agent, if any, for the vacation home rental.

C.

Evidence of a valid transient occupancy tax registration certificate and business license issued by the City for the vacation home rental.

D.

Proof of general liability insurance in the amount of $1 million combined single limit and an executed agreement to indemnify, defend and hold the City harmless from any and all claims and liabilities of any kind whatsoever resulting from or arising out of the vacation home rental use.

E.

Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a vacation home rental in the City.

F.

A floor plan of the structure identifying each room.

G.

Such other information as the Director may deem reasonably necessary to administer this Chapter.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

Prior to approving an application for a Vacation Home Rental license, the Director shall find that all of the following are true:

A.

That the site upon which the vacation home rental use is to be established is adequate in size and shape to accommodate said use.

B.

That the issuance of the license will not be detrimental to the public health, safety and welfare of the residents in the neighborhood or injurious to the community within the vicinity and the district in which the use is located.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

Prior to approval of a Vacation Home Rental license, the Director shall notify all owners of property within 300 feet of the site by first-class mail that a license application has been received and is pending approval. The notice shall be mailed at least 10 days prior to making a final determination on the application. The notice shall provide a brief description of the use requested by the applicant, shall indicate the date the license will be issued, and shall indicate where information regarding the application may be obtained.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

No application for a license, or a subsequent renewal, shall be denied if it meets the conditions of license issuance pursuant to this Chapter. No license or renewal of a license may be issued to the same owner if a license for the vacation home rental location has been revoked within one year of the application date or is in the process of being revoked pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals), except that the appeal shall be filed within 10 days of the date of notice, as required in Section 19.41.045 (Notice). If no appeal is filed in a timely fashion, the decision of the Director shall be final.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

The owner(s) shall renew a Vacation Home Rental license annually prior to the license issuance anniversary date and shall include in the renewal application any changes to the information requirements set forth in Section 19.41.035 (Application), a renewal fee, and current proof of general liability insurance pursuant to Subsection 19.41.035 D.

Every three years a safety and compliance inspection of the house shall occur before the anniversary date of renewal.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

Licenses issued pursuant to this Chapter are subject to the following standard conditions:

A.

Prior to issuance of the Vacation Home Rental license, the owner(s) shall request, and pay the applicable fee for, an inspection from the City's Building & Safety Division to confirm that the required fire and safety protection measures are in place and functioning, including, but not limited to, smoke detector(s), carbon monoxide detector(s), and fire extinguisher(s).

B.

Prior to issuance of the initial Vacation Home Rental license for a property, the owner/agent shall provide certification dated within one year of application for the license, from a state-licensed and certified septic inspector or inspection service that each septic system located upon the site of the vacation home rental is functioning properly and conforms to all applicable city, county and state health and safety regulations and requirements.

C.

The owner shall provide a valid 24-hour emergency contact telephone number for the owner and/or agent of a vacation home rental. Failure to provide and maintain a valid 24-hour contact telephone number(s) for the owner and/or agent responsible for a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved license for a vacation home rental.

D.

The vacation home rental must have a minimum of two off-street, on-site parking spaces. When the unit consists of more than four bedrooms, each additional bedroom or sleeping area beyond the first four shall be provided with one dedicated parking stall measuring 19 feet in length and 9 feet in width. In no case shall the number of vehicles exceed the number of on-site parking spaces available. No portion of any such required parking stall shall be located within either a required front or street side yard setback area. All required parking spaces shall comply with the location and design standards established by the provisions of Chapter 19.82 (Off-Street Parking and Loading).

E.

The vacation home rental must have a visible house number easily seen from the street, day or night.

F.

All advertising for the short-term rental shall include the City-issued license number.

G.

A minimum stay of one consecutive night shall be required.

H.

The maximum overnight occupancy of the vacation home rental shall be limited to two persons per bedroom, plus two additional persons, excluding persons 5 years of age or younger.

I.

No on-site exterior signs are to be posted advertising a vacation home rental, except that a single sign no smaller than 1 square foot in size and no larger than 2 square feet in size shall be displayed in a location clearly visible from the adjacent street. The sign shall only contain a 24-hour contact number for the owner or agent, and the license number.

J.

Prior to commencement of the use, the owner shall register the property with the City Finance Department for transient occupancy tax reporting and payment.

K.

Each vacation home rental use shall register with the City Finance Department and pay the applicable fee to obtain a business license.

L.

The Director shall have the authority to establish additional standard conditions, as necessary to achieve the objectives of this Chapter.

M.

The Planning Commission shall have the authority to impose additional conditions on any license in the event of any violation of the conditions to the license or the provisions of this Chapter subject to compliance with the procedures specified in Section 19.41.080 (Noncompliance).

N.

The owner or agent shall sign an acknowledgement of the requirements for operation of the vacation home rental as set forth in this Chapter.

O.

A vacation home rental that is inactive for twelve (12) months or longer shall be withdrawn from the City's list of permitted vacation home rentals and not counted towards the City-wide limit. An active vacation home rental shall be rented for at least one day in a year from beginning with license issuance or renewal anniversary.

P.

Each permitted Vacation Home Rental shall include a Noise Mitigation Plan which shall be kept on file with the City of Twentynine Palms.

Q.

Prior to receiving a license to operate a vacation home rental each Owner and/or Agent shall provide evidence that they have completed a live or virtual class that has been certified by the City on how to be a responsible vacation home rental host.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

Vacation home rentals shall comply with the following operating standards. A failure to comply and/or conform to the following standards shall constitute a violation of the City's Municipal Code and shall be grounds to revoke an approved Vacation Home Rental license.

A.

Structural and Design Features.

1.

Each dwelling used as a vacation home rental shall maintain an operational fire extinguisher, smoke detector(s) and carbon monoxide detector(s) (one per bedroom plus one in each hallway) conforming to the Uniform Building Code Standards (UBC No. 43-6). Exit/egress and an emergency evacuation map must be displayed in a prominent location in each room used for sleeping purposes.

2.

Alterations or modifications made to any structure(s) and to the site used for a vacation home rental use shall be compatible with the character of a single-family residence and the surrounding residential neighborhood. Alterations and modifications shall also comply with all applicable provisions, requirements and standards of the City's Municipal Code. Vacation Home Rental licenses will not be issued to structures that have been previously altered or modified without obtaining a building permit for the alteration or modification.

3.

Any lights used to illuminate a site used for a vacation home rental purpose shall be designed so as to reflect away from adjoining properties and all public rights-of-way and shall comply with Chapter 19.78 (Lighting Standards).

4.

The home used for a vacation home rental shall not be modified to allow or contain more than one kitchen/cooking facility.

5.

The owner/agent shall ensure that the occupants of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of the Municipal Code or any state law pertaining to noise, disorderly conduct, overcrowding, the consumption of alcohol, or the use of illegal drugs. Owners are expected to take measures necessary to abate disturbances, including, but not limited to, directing the guest, calling for law enforcement services or City code enforcement officers, evicting the guest, or any other action necessary to immediately abate the disturbance.

6.

The owner/agent, upon notification that occupants or guests of the rental have created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of the Municipal Code or state law, shall take immediate action within one hour of notification to prevent a recurrence of such conduct by the occupants and/or guests.

B.

Contact Information. The owner shall maintain a valid 24-hour contact telephone number for the owner/agent of a vacation home rental. Failure to maintain a valid 24-hour contact telephone number(s) for the owner and/or responsible individual of a vacation home rental shall constitute a violation of the provisions of this Development Code and shall be grounds to revoke an approved license pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

C.

Records, Business License, Transient Occupancy Tax and Performance Deposit.

1.

Records of all guests who patronize the vacation home rental unit shall be preserved for a minimum period of three years before such records are discarded. Such records shall be made available to the City within five working days upon written request from the City. Failure to preserve patronage records or failure to present patronage records when requested by the City to do so shall be grounds to revoke the Vacation Home Rental license.

2.

A valid Business License shall be maintained for each vacation home rental.

3.

Each vacation home rental use shall report and remit to the City Finance Department all transient occupancy tax due and required by Chapter 3.24 of the Municipal Code.

D.

Rental Agreement.

1.

A rental agreement shall be required for each rental of an approved vacation home rental unit prior to occupancy.

2.

Prior to occupancy, the owner shall obtain the name, address and driver's license number or a copy of the passport of the primary responsible adult occupant of the vacation home rental.

3.

The rental agreement shall disclose that riding off-road vehicles is restricted to approved OHV areas only. The rental agreement shall also inform the guest that they are subject to the local Noise Control Ordinance.

4.

The rental agreement shall disclose that all animals under the renter's control shall be cared for in a manner consistent to Subsection 19.41.070 F. (Animals), and in conformance with all City and County animal standards.

5.

Each lease or rental agreement shall include the following notifications and disclosures, which shall also be posted in a conspicuous location inside the vacation home rental:

a.

The maximum number of occupants that are licensed and notification that failure to conform to the maximum occupancy is a violation of this Chapter.

b.

The number of parking spaces provided, and the location of assigned parking and the maximum number of vehicles that are permitted.

c.

The trash pickup day(s) and applicable regulations pertaining to leaving or storing trash on the exterior of the property.

d.

Notification that the occupant may be subject to citation and fines for violating applicable ordinances and laws.

e.

The name of the managing agency, agent, rental manager, local contact person or owner of the unit, a telephone number at which that party may be reached at all times, and 911 emergency information.

E.

Parking, Access and Driveways.

1.

The maximum number of vehicles parking overnight shall in no case exceed the number of available on-site parking spaces.

2.

The property owner of each vacation home rental shall ensure that all required accesses, driveways and parking spaces remain clear and unobstructed, and are available and ready for the occupants' use at all times.

3.

Parking of commercial vehicle(s), excluding pickup trucks and vehicles weighing less than 10,000 pounds gross vehicle weight, anywhere on a site approved for a vacation home rental, except temporarily for durations of less than four hours when actively being loaded or unloaded, is prohibited.

F.

Property Maintenance.

1.

The owner/agent shall keep or cause to be kept the vacation home rental property including landscaping in a neat, clean and orderly manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property to its required neat and clean manner, pursuant to the requirements of Chapter 19.146 (Nuisance Abatement). A failure to return the property to a neat, clean, and orderly manner within 30 days of a notice to do so shall be grounds for revocation of the Vacation Home Rental license pursuant to Section 19.41.080 (Noncompliance) of this Chapter.

2.

In accepting the right to operate a vacation home rental as approved under a Vacation Home Rental license, if the property owner fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner declares and provides an express permission and consent to the City, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean and orderly manner as prescribed in Chapter 19.146 (Nuisance Abatement).

3.

Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler. The owner of the short-term rental shall provide sufficient trash collection containers and service to meet the demand of the occupants.

4.

All pools and/or spas on-site shall be maintained in a neat, clean and healthy manner at all times. Each and every pool and/or spa shall conform to the requirements of the City's Building & Safety Codes and all applicable codes of the San Bernardino County and the State of California.

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

The approval authority may revoke or void any license for a vacation home rental use for noncompliance with the conditions and standards set forth in this Chapter and pursuant to the procedures established in Section 19.28.160 (Revocation or Modification).

A.

Violations. The following conduct shall constitute a violation for which the penalties specified in Subsection 19.41.080 B. (Penalties) may be imposed, or the license revoked:

1.

The owner/agent has failed to comply with the standard and/or operational conditions specified in Sections 19.41.065 (License Issuance) and 19.41.070 (Operating Standards).

2.

The owner/agent has failed to comply with conditions imposed by the Director pursuant to the provisions of Section 19.41.065 (License Issuance).

3.

The owner/agent has failed to comply and pay any fines imposed pursuant to Section 19.41.080 (Noncompliance) within 30 days of the date of notification.

4.

The owner/agent has failed to comply and pay the transient occupancy tax or submit a report as required by Chapter 3.24 of the Municipal Code within the required time limit.

B.

Penalties. The penalties for violations specified in Subsection 19.41.080 A. shall be the responsibility of the owner per event (day) as follows. An event (day) may include more than one violation but shall only count as one step towards a revocation:

1.

Operating without a valid Vacation Home Rental License:

a.

For the first violation, a warning to the Owner shall be issued.

b.

For a second violation, the penalty shall be $2,500.00.

c.

For a third violation, the penalty shall be $5,000.00, followed by a fine of $5,000.00 per day if rental operations do not cease.

2.

Procedural and Minor Nuisance Violations:

a.

Nuisance Violations shall be cited and fined per Chapter 19.144 - Administrative Citations of the Development Code. Chapter 6.

3.

Disturbance and Safety Violations. If the owner/agent has not abated the disturbance or safety violation within one hour per Section 19.41.070. A. 6 above the penalties shall be as follows:

a.

For the first violation within any 12-month period, the penalty shall be $500.00.

b.

For a second violation within any 12-month period, the penalty shall be $1,000.00.

c.

For a third violation within any 12-month period, the penalty shall range be $2,000.00.

C.

In lieu of the fines as set forth above, the Community Development Director, at his/her sole discretion, and based upon the severity of the violations may suspend the Vacation Home Rental license and the associated right to use a property as a vacation home rental for a specified period, not to exceed 12 months. The Owner can appeal this decision at an advertised revocation hearing in conformance to Section 19.28.160 (Revocation or Modification).

(Ord. No. 299, § 4(Exh. A), 2-24-2022)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The Planning Commission shall hold a public hearing prior to taking action on a Conditional Use Permit. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

Requirements for street and other infrastructure improvements and related dedications.

D.

Regulation of vehicular ingress, egress, and traffic circulation.

E.

Regulation of hours of operation or other characteristics of operation.

F.

Requirements for security.

G.

Requirements for periodic review.

H.

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

I.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

The application request as acted upon by the Planning Commission.

B.

The action taken by the Planning Commission.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A planned development overlay is required concurrent with the establishment of a Planned Development (PD) Overlay Zone. Planned developments shall be processed, subject to the requirements of this Chapter. All planned developments shall be enumerated in Article 8 of the Development Code.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Application Filing and Processing. Applications for a Planned Unit Development shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Planned developments shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority of Land Use Permits). The designated approving authority is authorized to approve or deny a Planned Unit Development application.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The Planning Commission shall hold a public hearing prior to taking action on a planned unit development. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

1

. Setbacks, yard areas and open spaces.

2.

Fences, walls and screening.

3.

Building materials, building scale, built-in fire protection and architectural treatments.

4.

Parking, parking areas, and vehicular ingress and egress in addition to the minimum requirements of Chapter 19.82 (Off-Street Parking and Loading).

5.

Common and private open space, landscape, and maintenance of landscape and grounds.

6.

Such other conditions as may be determined to ensure that development will be in accordance with the intent and purposes of this chapter and the General Plan.

B.

Reasonable guarantees of compliance with required conditions, such as a deed restriction or requiring the applicant to furnish security in the form of money or surety bond in the amount fixed by the City, shall be required. The City shall also require that proposed homeowners association documents be submitted for review and approval of the City Attorney prior to submittal to the California Bureau of Real Estate.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Prior to approving a planned unit development as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

The proposed development, as conditioned, will not have a substantial adverse effect on surrounding property or the permitted use thereof and will be compatible with the planned land use character of the surrounding area. The standards of development applicable to the planned development are clearly designated.

8.

The uses allowed within the planned development are clearly designated.

C.

The proposed development will be well integrated into its setting.

D.

The plan will make an overall contribution to the enhancement of the surrounding environment.

E.

The plan incorporates creativity in design and use of land.

F.

There is reasonable assurance that the applicant intends to and will be able to proceed with the execution of the project without undue delay.

G.

The proposed development is consistent with the General Plan.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

The application request as acted upon by the Planning Commission.

B.

The action taken by the Planning Commission.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Planned unit developments shall become effective on the day immediately following expiration of the appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Planned Unit Developments shall expire two years from the date the approval was granted, unless the permit has been exercised in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The expiration date of a Planned Unit Development may be extended in accordance with Section 19.28.130 (Permit Time Limits, Expiration, and Extensions).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

An applicant may request an amendment to a Planned Unit Development after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 19.28.140 (Amendments to Previous Approved Permits).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Final Development Plan. Following approval of the Planned Unit Development and prior to exercising the Planned Unit Development, a final development plan shall be submitted for administrative review to verify conformance with the Planned Unit Development. The final development plan shall include the following:

l.

All buildings drawn to scale.

2.

Off-street parking facilities.

3.

Landscaping.

4.

Finished grades.

5.

Other details to demonstrate conformance with all the features, conditions and characteristics upon which the planned unit development was adopted.

B.

Compliance. No permit shall be issued for any building or use except in full compliance with the Planned Unit Development and final development plan. Compliance shall be determined through the zoning clearance process, unless additional entitlements are required. The Director may require additional information to be submitted to demonstrate compliance.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Any legally permitted and actual use of property within the Planned Unit Development Overlay District., existing at the time of adoption of an ordinance adopted pursuant to this Chapter and rendered nonconforming solely by virtue of the adoption of said ordinance, shall be entitled to continue as a legal nonconforming use so long as there is no enlargement, extension, or discontinuation of such use for any continuous period of 180 days or more. Discontinuation shall include termination of a use regardless of intent to resume the use.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

This Chapter establishes a variance procedure to waive or modify the zoning standards under certain special circumstances if specific findings can be made. It is recognized that under certain circumstances, the strict or literal interpretation and enforcement of the provisions of the zoning regulations may deprive a property of development potential enjoyed by other properties in the vicinity under the identical zoning classification.

A variance is required for any request to modify the requirements of this Title greater than those adjustments allowed through other permit or approval procedures. Variances do not apply to land use or density and shall not waive or modify a specific procedural requirement. In no case shall cost to the applicant be the primary reason for granting a variance. The provisions of this Chapter shall not apply to public safety regulations based on authority mandated by state law or other ordinances.

A.

Application Filing and Processing. Applications for a variance shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

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

The Planning Commission shall hold a public hearing prior to taking action on a variance. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

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

A.

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

B.

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

C.

Requirements for street and other infrastructure improvements and related dedications.

D.

Regulation of vehicular ingress, egress, and traffic circulation.

E.

Regulation of hours of operation or other characteristics of operation.

F.

Requirements for increased security.

G.

Requirements for periodic review.

H.

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

I.

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

Prior to approving a variance as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

That, because of special circumstances applicable to the property (size, shape, topography, location or surroundings) or the intended use of the property, the strict application of the Development Code deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification.

B.

That granting of the variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zoning classification.

C.

That granting of the variance will not be materially detrimental to the public health, safety and/or welfare, or injurious to property or improvements.

D.

That granting of the variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zoning classification in which the property is located.

E.

That granting of the variance does not allow a use or activity which is prohibited by the zoning regulation governing the parcel.

F.

That granting of the variance will not be inconsistent with the goals and policies of the adopted General Plan.

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

A.

The application request as acted upon by the Planning Commission.

B.

The action taken by the Planning Commission.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

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

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

A.

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

B.

Exceptions. A variance for a public utility installation may be valid for a longer period if specified by the approving authority.

The expiration date of a variance may be extended for a period not to exceed one year.

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

This Chapter establishes procedures for review of Zone Changes and Development Code Amendments. These include amendments to or deletions from the Development Code text and exhibits.

A Zone Change or Development Code Amendment is required for any amendment to a provision of this Title, including the adoption of new regulations or deletion of existing regulations, or any rezone or change of the zoning designation on the Zoning Map for any parcel(s).

A.

Application Filing and Processing. Applications for a Zone Change or Development Code Amendment shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

Zone Changes or Development Code Amendments shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve or deny a Zone Change or Development Code application.

The Planning Commission shall hold a public hearing to make a recommendation on Zone Change and Development Code Amendment applications. The Planning Commission's recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on a Zone Change or Development Code Amendment application. Public hearings shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

In approving a Zone Change or Development Code Amendment, the City Council may make modifications to the proposal to ensure that the approval will comply with the required findings.

Prior to approving a Zone Change or Development Code Amendment as prescribed by this Chapter, the approving authority shall make all the following findings, which shall be made by ordinance:

A.

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

B.

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

C.

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

D.

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

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

A.

The application request as acted upon by the City Council.

B.

The action taken by the City Council.

Zone Changes and Development Code Amendments shall become effective 30 days following the date of adoption.

Actions taken by the City Council are final and are not subject to appeal.

Approved Zone Changes and Development Code Amendments do not expire.

No extensions of time are necessary as an approved Zone Change or Development Code Amendment does not expire.

Any amendments affecting an approved Zone Change or Development Code Amendment shall be handled as a new application.

A.

Purpose. The purpose of prezoning is to establish the zone designation of land uses for unincorporated property adjoining the City, within the sphere of influence, prior to annexation.

B.

Review Process. The method of accomplishing prezoning shall be the same as for a Zone Change.

C.

Effective Date. Such prezoning shall become effective at the time annexation becomes effective.

A.

The purpose of this Chapter is to establish procedures for adoption, maintenance and administration of specific plans in accordance with the provisions of Sections 65450 through 65457 of the California Government Code, and as may be required for the implementation of the General Plan.

B.

The purpose of a specific plan is to establish policies and development standards that address area-specific issues. Specific plans are intended to carry out the General Plan in one of three ways:

1.

By providing clearer definition of planning policy applicable to the specific plan area; and/or

2.

Regulating land use for a particular geographic area in greater detail than that provided by the Development Code; and/or,

3.

Bringing together detailed policies and regulations into a focused development scheme.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Specific plans are intended to:

A.

Provide a planning framework to guide future public and private developments and promote flexibility while ensuring a coherent community design.

B.

Encourage creative approaches to the use of land, through variation in the location of buildings and the appropriate mix of land use activities and dwelling types.

C.

Promote and create public and private open space as an integral part of land development design.

D.

Provide development regulations for an area without changing citywide ordinances.

E.

Provide the ability to respond to changing conditions in the specific plan area without the need for a Zone Change or Development Code Amendment.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The following shall serve as a guide for the appropriate use of specific plans:

A.

Where unique results or treatments are desired or in areas having sensitive environmental qualities; and/or

B.

Where there is a complicated mixture of conditions such as new development, deteriorated structures, underutilized land and mixed uses; and/or

C.

Where there is a need to incorporate considerable detail in a proposed development project which would justify its approval; and/or

D.

Where it is more cost-effective to include, with the proposed project, a Master Environmental Impact Report so that subsequent projects within the specific plan area would require no further environmental documentation or require only focused environmental reports.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

Specific plans shall be consistent with the General Plan.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Specific plans shall be consistent with the density standard prescribed by the General Plan. Transfer of density may occur in the specific plan provided that the total density attributable to the specific plan area shall not be exceeded, except as specified in Subsection 19.48.050.B.

B.

As an incentive to preserving large areas of protected open space, preserving historically and culturally significant resources, and/or developing inclusionary housing programs for the provision of affordable housing, the City Council may approve a density bonus of up to 5 percent within medium and high density residential land use areas. This bonus may be over and above any other housing bonus incentives provided in this Code.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A specific plan may include written text, maps, diagrams, and descriptions of allowable uses. At a minimum, specific plans shall include:

A.

A statement of the relationship of the specific plan to the General Plan.

B.

A map indicating the distribution, location, and extent of land uses, including open space, within the area covered by the plan.

C.

All permitted uses and land use densities.

D.

Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable.

E.

A map and/or text specifying the proposed distribution, location, extent and intensity of major components of public and private transportation, sewage, water, drainage, energy and other essential facilities in the specific plan area.

F.

Public works projects, programs and implementation measures necessary to cany out the specific plan's stated purpose.

G.

A program of implementation measures including regulations, programs, public works projects and financing measures necessary to carry out the above noted provisions of the specific plan.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Application Filing and Processing. Applications for a specific plan shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures). Additionally, for all specific plan applications, a General Plan Amendment may be required. The General Plan Amendment application shall be processed concurrently with the specific plan application and shall be subject to the processing and noticing requirements outline in Chapter 19.50 (General Plan Amendment).

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The Planning Commission shall hold a public hearing to make a recommendation on specific plan applications. The Planning Commission's recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on a specific plan application. Public hearings shall be set and notice given in accordance with Section 19.28.l00 (Public Hearing and Public Notice).

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

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

D.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

This Chapter establishes guidelines and procedures for amending the General Plan. The General Plan and these procedures are to be consistent with state planning laws (California Government Code Section 65300 et seq.) and state General Plan Guidelines.

A General Plan Amendment is required for any amendment to the General Plan goals, policies or implementation programs or any change to the General Plan land use or other designations on any parcels(s) or map(s) contained in the General Plan.

A.

Application Filing and Processing. Applications for a General Plan Amendment shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

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

The Planning Commission shall hold a public hearing to make a recommendation on General Plan Amendment applications. The Planning Commission's recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on a General Plan Amendment application. Public hearings shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

In approving a General Plan Amendment, the City Council may make modifications to the proposal to ensure that the approval will comply with the required finding.

Prior to approving a General Plan Amendment as prescribed by this Chapter, the approving authority shall make all the following findings, which shall be made by Resolution:

A.

That the amendment will not adversely impact the existing community.

B.

That the amendment is consistent with the intent of the vision, goals and policies of the General Plan as a whole.

C.

That the amendment prescribes reasonable controls and standards for affected land uses to ensure compatibility and integrity of those uses with other established uses.

D.

That the amendment provides for the protection of the general health, safety and/or welfare of the community.

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

A.

The application request as acted upon by the City Council.

B.

The action taken by the City Council.

General Plan Amendments shall become effective 30 days following the date of adoption.

Actions taken by the City Council are final and are not subject to appeal.

Approved General Plan Amendments do not expire.

No extensions of time are necessary as an approved General Plan Amendment does not expire.

Any amendments affecting an approved General Plan Amendment shall be handled as a new application.

Pursuant to Government Code Section 65358, no mandatory element of the General Plan may be amended more frequently than four times during any calendar year. Subject to that limitation, an amendment may be made at any time and may include more than one change to the General Plan.

Pursuant to Government Code Section 65352, at least 45 days prior to Council action on a proposed General Plan Amendment, the Community Development Director shall notify the County, the Local Agency Formation Commission (LAFCO), and any area-wide planning agency or federal agency whose operations may be significantly affected by the proposed action, including the Marine Corps Air Ground Combat Center and the Joshua Tree National Park, and each governmental body, commission, or board, including those of any school or special districts, whose jurisdiction lies wholly or partially within the City whose functions include recommending, preparing plans for, or constructing major public works projects.

The purpose of this Chapter is to provide procedures and requirements for consideration of Development Agreements in compliance with the provisions of California Government Code Sections 65864 through 65869.5. The purpose of Development Agreements is to benefit the public, in that:

A.

Development Agreements increase the certainty in the approval of development projects, thereby preventing the waste of resources, reducing the cost of development to the consumer, and encouraging investment in and commitment to comprehensive planning, all leading to the maximum efficient utilization of resources at the least economic cost to the public.

B.

Development Agreements provide assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules, and regulations, and subject to conditions of approval, thereby strengthening the public planning process, encouraging private participation in comprehensive planning, and reducing the economic costs of development.

C.

Development Agreements enable the City to plan for and finance public facilities, including but not limited to streets, sewerage, transportation, drinking water, school, and utility facilities, thereby removing a serious impediment to the development of new housing.

Only a person who has legal or equitable interest in the subject property which is the subject of the Development Agreement (or his/her authorized agent) may submit an application for a Development Agreement.

A.

Application Filing and Processing. Applications for a Development Agreement shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

Development Agreements shall be approved by the specified approving authority as designated in Table 19.28.110-1 (Approving Authority for Land Use Permits). The designated approving authority is authorized to approve, modify or deny a Development Agreement application. Development agreements shall be approved by an Ordinance of the City Council.

The Planning Commission shall hold a public hearing to make a recommendation on Development Agreement applications. The Planning Commission's recommendation shall be forwarded to the City Council. The City Council shall hold a public hearing prior to taking action on a Development Agreement application. Public hearings shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

In approving a Development Agreement, the City Council may make modifications to the proposal to ensure that the approval will comply with the required findings.

Pursuant to Government Code Section 65867.5, a Development Agreement is a legislative act which shall be approved by Ordinance and is subject to referendum. Prior to approving a Development Agreement as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

That the agreement is consistent with the objectives, policies, general land uses and programs contained in the General Plan and any applicable specific plan.

B.

That the agreement is compatible with the uses authorized in the land use/zoning district in which the property is located.

C.

That the agreement provides for the orderly development of the property.

D.

That the agreement provides a clear and substantial public benefit to the City and/or its residents.

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

A.

The application request as acted upon by the City Council.

B.

The action taken by the City Council.

Development Agreements shall become effective 30 days following the date of adoption.

Actions taken by the City Council are final and are not subject to appeal.

A Development Agreement shall expire as specified in the terms of the agreement.

Extensions of time requested following execution of a Development Agreement shall be processed in accordance with Section 19.52.130 (Amendments).

Except as otherwise provided by law, a Development Agreement may be amended or terminated, in whole or in part, by mutual consent of all parties to the agreement or their successors in interest. The procedure for initiating and adopting an amendment or termination, in whole or in part, is the same as the procedure for entering into the original agreement. An amendment or termination of a Development Agreement shall be subject to the provisions of Section 19.52.150 (Execution and Recordation).

A.

A Development Agreement shall specify:

1.

The duration of the agreement.

2.

The permitted uses of the property.

3.

The density or intensity of use.

4.

The maximum height and size of proposed buildings.

5.

Provisions for reservation or dedication of land for public purposes.

B.

The Development Agreement may include conditions, terms, restrictions and requirements for subsequent discretionary actions. The agreement may provide that construction shall be commenced within a specified time and that the project or any phase thereof be completed within a specified time. The agreement may also include terms and conditions relating to applicant or public financing of necessary public facilities and subsequent reimbursement.

A.

After the Ordinance approving the Development Agreement takes effect, the City shall enter into the Development Agreement by signature of the Mayor.

B.

No Ordinance shall be adopted and the Mayor of the City shall not execute a Development Agreement until it has been executed by the applicant. If the applicant has not executed the agreement, or agreement as modified by the City Council, and returned said executed agreement to the City Clerk within 30 calendar days following City Council approval, the approval shall be deemed withdrawn, and the City Council shall not adopt said Ordinance nor shall the Mayor execute said Agreement.

C.

A 30-calendar day time period may be extended upon approval of the City Council. Such extension may only be approved concurrently with approval of the Development Agreement.

D.

Not more than 10 calendar days following the execution of a Development Agreement by the City Council, the City Clerk shall record with the County Recorder a copy of the executed agreement.

The Community Development Director shall review the Development Agreement at least every 12 months. The applicant, or successor in interest thereto, shall be required to demonstrate good faith compliance with the terms of the agreement. If the Community Development Director determines, on the basis of substantial evidence, that the applicant, or successor in interest thereto, has complied in good faith with all terms and conditions of the agreement during the period of review, the review for that period is concluded.

Where the Community Development Director finds, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms and conditions of the agreement, a public hearing shall be scheduled to review the applicant's conformance with the agreement. Procedures for conduct of such hearing shall be the same as provided herein for consideration of the original agreement. If, on the basis of substantial evidence, the applicant or successor in interest thereto has not complied in good faith with the terms and conditions of the agreement, the City Council may amend or terminate the agreement.

It is the policy of the City, pursuant to the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act (hereafter "fair housing laws"), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This Chapter establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, and policies, practices and procedures of the City to comply fully with the intent and purpose of fair housing laws.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing or commercial services to individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

For the purpose of this Chapter, the following definitions shall apply:

A.

Individual with a disability. Someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment.

B.

Reasonable accommodation. In the land use and zoning context, reasonable accommodation means providing individuals with disabilities or developers of housing for people with disabilities with flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to provision of housing or service opportunities.

A.

Application Filing and Processing. Applications for a reasonable accommodation shall be filed and processed in accordance with Chapter 19.28 (Approval Requirements and Common Procedures).

B.

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

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

No public hearing is required prior to taking action on a reasonable accommodation request.

Written decisions to grant a request for reasonable accommodation shall be consistent with fair housing laws. Prior to approving a request for reasonable accommodation as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

That the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws.

B.

That the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws.

C.

That the requested accommodation would not impose an undue financial or administrative burden on the City.

D.

That the requested accommodation would not require a fundamental alteration in the nature of the City.

Written notice of decision shall be provided within five business days of the date of decision to the applicant by certified mail and to any interested parties who have requested notices in writing. If the reviewing authority fails to render a written decision on the request for reasonable accommodation within 30 days from receipt of a reasonable accommodation request, the request shall be deemed granted. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect. The written decision of the reviewing authority shall be final unless appealed. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the request.

D.

The deadlines, criteria and fees for filing an appeal.

Reasonable accommodations shall become effective on the day immediately following expiration of the 30-day appeal period when no timely appeal has been filed. Upon filing of a timely appeal, the effective date shall be suspended until such time that final action is taken on the appeal.

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals), except that the period for filing an appeal of a reasonable accommodation is 30 days from the date of decision.

The purpose of this Chapter is to establish a permitting and regulatory program for sidewalk vendors that complies with Senate Bill 946 (Chapter 459, Statutes 2018). The provisions of this Chapter allow the City to encourage small business activities by removing total prohibitions on portable food stands and certain forms of solicitation while still permitting regulation and enforcement of unpermitted sidewalk vending activities to protect the public's health, safety and welfare.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

For this Chapter, the definition for "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the City. Please refer to Chapter 19.06 (Definitions) of this Code for all other definitions of terms and phrases used in this Chapter. If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Permit Required. No person shall engage in any sidewalk vendor activities within the City without first applying for and receiving a Sidewalk Vending Permit from the Community Development Director, or his or her designee, in accordance with this Chapter.

B.

Business License Required. No person shall engage in any sidewalk vendor activities within the City without first applying for and receiving a valid business license issued by the City.

C.

Application Required. An application for a Sidewalk Vending Permit shall be filed with the Community Development Director, or his or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees).

D.

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

a.

A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:

b.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

1.

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

2

The sidewalk vendor has not had a permit revoked within a 12-month period;

3.

The sidewalk vendor's application contains all required information;

4.

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

5.

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

6.

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

7.

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

8.

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

B.

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

C.

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

D.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

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

D.

No sidewalk vending receptacle shall be motorized.

E.

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

F.

Sidewalk vendors that sell food shall maintain a trash container in or on their sidewalk vending receptacle and shall not empty their trash into public trashcans. The size of the vendor's trash container shall be taken into account when assessing the total size limit of a sidewalk vending receptacle. Sidewalk vendors shall not leave any location without first picking up, removing, and disposing of all trash or refuse from their operation.

G.

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

H.

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

I.

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

J.

The conduct of the sidewalk vendor shall not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare;

K.

The conduct of the sidewalk vendor shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

L.

The conduct of such sidewalk vending activity shall not constitute a fire hazard, and all proper safety precautions shall be taken;

M.

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

N.

The size of the sidewalk vending receptacle shall be limited to a maximum width of four feet and a maximum length of six feet.

N.

No external power of plumbing is allowed. The sidewalk vending receptacle shall be completely self-contained.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

l.

Renting merchandise to customers;

2.

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

3.

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

4.

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

5.

In residential areas, all stationary sidewalk vending is prohibited.

6.

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

7.

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

8.

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

9.

Blocking or impeding the path of the person(s) being offered food or merchandise to purchase;

B.

Sidewalk vendors shall not engage in sidewalk vending activities at the following locations:

1.

Within 12 inches of any curb face on all roads.

2

On any designated emergency vehicle access way.

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

Sidewalk vendors shall not engage in sidewalk vending activities within 25 feet of a:

a.

Fire hydrant;

b.

Curb which has been designated as yellow or red zone, or a bus zone;

c.

Automated teller machine;

d.

Driveway, alley, or street comer;

10.

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

11.

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

12.

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

13.

On any sidewalk with a gradient in excess of ten percent.

14.

Within 200 feet of any public safety facility, including without limitation police stations and fire stations.

15.

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

16.

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

C.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Decision to deny an application for a permit may be appealed by any interested person. Any appeal of a decision regarding a Sidewalk Vending Permit application shall be filed in accordance with Chapter 19.28.120 (Appeals) of this Code.

B.

Administrative fines, assessed by means of an administrative citation, may be appealed by the recipient. Any appeal of an administrative citation regarding a Sidewalk Vending Permit shall be filed in accordance with Chapter 19.144 (Administrative Citations) of this Code.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

1.

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

2.

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

3.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

Fees for revoked permits are not refunded.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

B.

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

C.

Application Required. An application for a Transient Selling, Peddling, and Soliciting permit shall be filed with the Community Development Director, or his or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees).

D.

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

1.

A discount of 50 percent shall be applied to the permit fee for the issuance of a permit to the following:

a)

Any person who is physically disabled or blind. (A physician's statement certifying the applicant's condition shall be submitted with the application.)

2.

A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:

a)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

1.

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

2.

The applicant has not had a permit revoked within the past 12 months.

3.

The applicant's application contains all required information.

4.

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

5.

The applicant has satisfied all the requirements of this Chapter.

6.

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

7.

The applicant's proposed activities conform to the requirements of this Chapter.

8.

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

9.

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

10.

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

B.

Permits issued under this Chapter are non-transferrable.

C.

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

D.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

Permits issued under this Chapter for transient sellers may be used for a period not to exceed 90 days total within any 12-month period. Permits under this Chapter for peddling and soliciting may be used for a period not to exceed 180 days within any 12-month period.

B.

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

C.

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

D.

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

E.

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

F.

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

G.

The conduct of the applicant shall not unduly interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace, health, safety or general welfare.

H.

The conduct of the applicant shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the permittee.

I.

The conduct of the applicant's activity shall not constitute a fire hazard, and all proper safety precautions will be taken.

J.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

All permittees shall comply with all operating conditions, including those conditions set forth in Section 19.56.050.

B.

Permittees shall not engage in any of the following activities:

1.

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

2.

It shall be unlawful for any person, regardless of age, to peddle, solicit, or conduct transient selling activities between the hours of 8:00 p.m. and 8:00 a.m.

3.

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

4.

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

5.

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

6.

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

7.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

Fees for revoked permits are not refunded.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

For this Chapter, the definition for "Person" means and includes all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, and individuals transacting and carrying on any business in the City. Please refer to Chapter 19.06 (Definitions) of this Code for all other definitions of terms and phrases used in this Chapter. If a term or phrase is not defined in this Code, the most common dictionary definition is presumed to be correct.

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

1.

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

2.

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

B.

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

C.

Application Required. An application for a Mobile Food Truck Vendor permit shall be filed with the Community Development Director, or bis or her designee, in a manner approved by the City in accordance with Chapter 19.28.050 (Applications and Fees):

D.

Permit Fees. Each application for a Mobile Food Truck Vending Permit shall be accompanied by an application fee as established by resolution of the City Council. The application and permit are only applicable to the individual(s) named on the application.

a.

A discount of 100 percent shall be applied to the permit fee for the issuance of a permit to the following:

b.

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

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

1.

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

2.

The vendor has not had a permit revoked within a 12-month period;

3.

The vendor's application contains all required information;

4.

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

5.

The vendor has satisfied all the requirements of this Chapter;

6.

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

7.

The vendor's vehicle and proposed activities conform to the requirements of this Chapter;

8.

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

B.

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

C.

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

D.

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

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

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

D.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

E.

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

1.

Separate trash containers shall be provided on site during all hours of mobile food truck operations. All litter generated within a minimum of a 100-foot radius of the site shall be collected prior to closure of the mobile food truck operations.

2.

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

F.

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

G.

The conduct of such vending shall not unduly interfere with traffic or pedestrian movement, or tend to interfere with or endanger the public peace or rights of nearby residents to the quiet and peaceable enjoyment of their property, or otherwise be detrimental to the public peace. health, safety or general welfare;

H.

The conduct of such vending shall not unduly interfere with normal governmental or City operations, threaten to result in damage or detriment to public property, or result in the City incurring costs or expenditures in either money or personnel not reimbursed in advance by the vendor;

I.

The conduct of such vending shall not constitute a fire hazard, and all proper safety precautions will be taken;

J.

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

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Mobile food truck vendors shall comply with all operating conditions, including those conditions set forth in Section 19.57.050.

B.

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

1.

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

2

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

C.

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

1.

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

2.

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

3.

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

4.

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

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

Conduct of any mobile food truck vending by persons not obtaining a permit shall constitute a violation. The first such violation shall constitute an infraction; subsequent violations shall constitute misdemeanors. Response to violations shall be in accordance with Section 19.28.150 (Violations and Enforcement).

(Ord. No. 292, § 4(Exh. A), 3-10-2020Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

Fees for revoked permits are not refunded.

(Ord. No. 292, § 4(Exh. A), 3-10-2020; Ord. No. 316, § 4(Exh. A), 2-27-2024)

The City recognizes that the extraction of minerals is essential to the continued economic well-being of the City and to the needs of society and that the reclamation of mined lands is necessary to prevent or minimize adverse effects on the environment as well as protect public health and safety. Therefore, the purpose of this Chapter is to regulate surface mining operations as authorized by California's Surface Mining and Reclamation Act of 1975 (Public Resources Code Section 2710 et seq.) as amended, hereinafter referred to as SMARA; Public Resources Code Section 2207; and the California Code of Regulations adopted pursuant thereto (14 California Code of Regulations, Section 3500 et seq.), hereinafter referred to as State Regulations, to ensure all the following:

A.

The adverse environmental and other effects of surface mining will be prevented or minimized, and that mined lands will be reclaimed to usable condition to provide for the beneficial, sustainable, long-term productive use of the mined and reclaimed lands.

B.

The production and conservation of minerals are encouraged while avoiding or minimizing adverse effects on the environment, including but not limited to geologic subsidence, air pollution, water quality degradation, damage to wildlife resources, flooding, erosion, degradation of scenic quality, and noise pollution.

C.

The reclamation of mined lands will be carried out in such a way that the continued mining of valuable minerals will not be precluded.

D.

Residual hazards to the public health and safety will be reduced.

As the State Regulations may be amended from time to time, they are made a part of this Chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Chapter are more restrictive than correlative State provisions, this Chapter shall prevail.

A.

A Surface Mining and Land Reclamation Permit shall be required for all surface mining operations, and for the expansion or substantial change of any surface mining operation.

B.

The provisions of this Chapter shall not apply to the following activities:

1.

Excavations or grading conducted for farming or on-site construction (Public Resources Code Section 2714(a)and(b)).

2.

Prospecting for, or the excavation of, minerals for commercial purposes and the removal of overburden in total amounts of less than 1,000 cubic yards in any one location of 1 acre or less (Public Resources Code Section 2714 (d)).

3.

Surface mining operations that are required by federal law in order to protect a mining claim, if such operations are conducted solely for that purpose (Public Resources Code Section 2714 (e)).

4.

Such other surface mining operations which the State Mining and Geology Board finds are exempt from SMARA provisions because they are of an infrequent nature and involve only minor surface disturbances (Public Resources Code Section 2714 (f)).

5.

Emergency excavations or grading conducted by the Department of Water Resources or the Central Valley Flood Protection Board for the purpose of averting, alleviating, repairing or restoring damage to property due to imminent or recent floods, disasters or other emergencies (Public Resources Code Section 2714 (h)).

6.

Surface mining operations conducted on lands owned or leased, or upon which easements or rights-of-way have been obtained by the Department of Water Resources for the purpose of the State Water Resources Development System or flood control, and surface mining operations on lands owned or leased or upon which easements or rights-of-way have been obtained by the Central Valley Flood Protection Board for the purpose of flood control, if the Department of Water Resources adopts, after submission to and consultation with the California Department of Conservation, a Reclamation Plan for lands affected by these activities, and those lands are reclaimed in conformance with the standards specified in regulations of the Board adopted pursuant to this Chapter (Public Resources Code Section 2714(g) (i) (1)).

7.

Nothing in this Chapter shall require the Department of Water Resources or the Central Valley Flood Protection Board to obtain a permit or secure approval of a Reclamation Plan from the City in order to conduct surface mining operations specified in Subsection 6, above. Nothing in this Chapter shall preclude the bringing of an enforcement action pursuant to Section 2774.1 of the Public Resources Code if it is determined that a surface mine operator acting under contract with the Department of Water Resources or the Central Valley Flood Protection Board on lands other than those owned or leased, or upon which easements or rights-of-way have been obtained by the Department of Water Resources or the Central Valley Flood Protection Board, is otherwise not in compliance with Public Resources Code Sections 2710 et seq. (Public Resources Code Section 2714(i)(2).

C.

An exemption under this Ordinance does not exempt a project or activity from the application of other regulations, ordinances or policies of the City, including, but not limited to, application of CEQA (Public Resources Code Sections 2100 et seq.), the requirement of development of other permits, the payment of development impact fees, or the imposition of other dedications and exactions as may be permitted under the law.

The provisions of SMARA, Public Resources Code Section 2207, the State Regulations, and 14 California Code of Regulations, Article 9, Chapter 8, Sections 3700 et seq., hereinafter also referred to as State Regulations, as those provisions may be amended from time to time, are made a part of this Chapter by reference with the same force and effect as if the provisions therein were specifically and fully set out herein, excepting that when the provisions of this Chapter are more restrictive than correlative state provisions, this Chapter shall prevail.

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

The Planning Commission and City Council shall hold public hearings prior to taking action on a Surface Mining and Land Reclamation Permit. The decision on the permit shall be made by the City Council. A public hearing shall be set and notice given in accordance with Section 19.28.100 (Public Hearing and Public Notice).

Unless exempted by provisions of this Chapter, any person who proposes to engage in surface mining, or who proposes to permit another person to engage in surface mining on his property shall, prior to the commencement of said operations as defined in this Chapter, file with and obtain approval from the City, a Surface Mining and Land Reclamation Permit and a Reclamation Plan in accordance with the provisions set forth in this Chapter and as further provided in Section 2772 et seq., of the Public Resources Code, the State Regulations, and financial assurances for reclamation.

A Reclamation Plan shall be required for all surface mining operations in all land use districts in which surface mining is allowed, as well as for those portions of existing surface mining operations which claim to have vested rights pursuant to Public Resources Code Section 2776, unless otherwise exempted from the requirements of SMARA or as set forth herein (Public Resources Code Section 2770 et seq.).

A.

Within 30 days of acceptance of an application for a Surface Mining and Land Reclamation Permit as complete, the Community Development Director shall notify the Director of the California Department of Conservation of the filing of the application(s) (Public Resources Code Section 2774(e)). Whenever mining operations are proposed in the 100-year floodplain of any stream, as shown in Zone A of the Flood Insurance Rate Maps issued by FEMA, and within 1 mile, upstream or downstream, of any state highway bridge, the Planning Department shall also notify Caltrans that the application has been filed (Public Resources Code Section 2770.5).

B.

The Community Development Director shall process the application(s) for environmental review pursuant to CEQA (Public Resources Code Section 21000 et seq.).

C.

Subsequent to the appropriate environmental review, the Community Development Director shall prepare a staff report with recommendations for consideration by the Planning Commission.

D.

The Planning Commission shall hold at least one noticed public hearing on the application for a Surface Mining and Land Reclamation Permit.

E.

Prior to final approval of a Reclamation Plan, financial assurances (as provided in this Chapter), or any amendments to the Reclamation Plan or existing financial assurances, the Planning Commission shall certify to the Director of the state Department of Conservation that the Reclamation Plan and/or financial assurance complies with the applicable requirements of state regulations and submit the plan, assurances and/or amendments to said Director for review (Public Resources Code Section 2774(c)). The Planning Commission may conceptually approve the Reclamation Plan and financial assurance before submittal to the Director of the Department of Conservation. If necessary, to comply with permit processing deadlines, the Planning Commission may conditionally approve the Surface Mining and Land Reclamation Permit with the condition that the Community Development Director shall not issue the permit for the mining operation until financial assurances have been reviewed by the Director of the state Department of Conservation and final action has been taken on the Surface Mining and Land Reclamation Plan and financial assurances by the City Council.

F.

The Director of the state Department of Conservation shall have 45 days to prepare written comments on the Reclamation Plan and financial assurance (Public Resources Code Section 2774(d)). The Community Development Director shall prepare a written response describing the disposition of the major issues raised by the state for the Planning Commission's approval. In particular, when the Planning Commission's position is at variance with the recommendations and objections raised in the comments of the Director of the state Department of Conservation, the written response shall address, in detail, why specific comments and suggestions were not accepted (Public Resources Code Section 2774(d)). Copies of any written comments received and responses from the Planning Commission shall be promptly forwarded to the operator/applicant.

G.

The Planning Commission shall make a recommendation in writing to the City Council to approve, approve with modifications, or deny the Surface Mining and Land Reclamation Permit and financial assurance.

H.

The City Council shall hold at least one noticed public hearing on an application for a Surface Mining and Land Reclamation Permit in accordance with Section 19.28.100 (Public Hearing and Public Notice).

I.

The City Council shall then take action to approve, conditionally approve, or deny the Surface Mining and Land Reclamation Permit, pursuant to Section 2774 of the Public Resources Code, and to approve the financial assurance pursuant to Section 2773.1 of the Public Resources Code.

J.

The Community Development Director shall forward a copy of each approved Surface Mining and Land Reclamation Permit for mining operations, and a copy of the financial assurance to the Director of the Department of Conservation. By July 1 of each year, the Community Development Director shall submit to said Director for each active or idle mining operation a copy of the Surface Mining and Land Reclamation Permit or Reclamation Plan amendments, as applicable, or a statement that there have been no changes during the previous year (Public Resources Code Section 2774(e)).

Surface mining operators shall forward an annual status report to the Director of the California Department of Conservation and the Community Development Director on a date established by the Director of the Department of Conservation on forms furnished by the State Mining and Geology Board (Public Resources Code Section 2207(a)-(g)).

Surface Mining and Reclamation Plans shall contain the following:

A.

The name and address of the operator and the names and addresses of any persons designated as agents for the service of process or notices, and the name and address of all surface and mineral interests in the lands to be mined.

B.

The size and legal description of the lands that will be affected by such operation; a map that includes the boundaries and topographic details of such lands; a description of the general geology of the area; a detailed description of the geology of the area in which surface mining is to be conducted; the location of all streams, roads, railroads, sewage disposal systems, water wells and utility facilities on the site or within 500 feet of such lands; the location of all proposed access roads to be constructed in conducting the mining operation; and the names and addresses of the owners of all surface and mineral interests of such lands.

C.

The type and amount of mineral commodities to be removed, the amount of waste materials to be retained on the site and the amount of waste materials to be disposed of off-site, including the method and location of disposal of said waste materials.

D.

The proposed dates for the initiation and termination of such operation, and the progression of all operations of the facility, including time frames for each phase and the estimated life of the operation.

E.

A description of and plan for the type of surface mining to be employed and a time schedule that will provide for the completion of surface mining of each segment of the mined lands so that reclamation can be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance by the mining operation.

F.

Time lags between mining and reclamation and equipment siting, removal or relocation.

G.

The maximum anticipated depth of the surface mining operation.

H.

The location of equipment, stockpiles, settling ponds, interim drainage, machinery, waste dumps and areas to be mined.

I.

A description of the methods to be used to reclaim the land following mining operations, including:

1.

A detailed schedule of the phasing and timing of each stage of reclamation.

2.

A description of the manner of control of contaminants and disposal of mining waste.

3.

A description of the manner in which rehabilitation of affected stream bed channels and stream banks to a condition that minimizes erosion and sedimentation will occur.

4.

A description of the physical condition of the site upon the completion of all reclamation, including the proposed uses or potential uses of the reclaimed site.

5.

Evidence that all owners of a possessory interest in the land have been notified of the proposed use or potential uses.

J.

An assessment of the effect of implementation of the Reclamation Plan on future mining in the area.

K.

A statement that the applicant or operator accepts responsibility for reclaiming the mined lands pursuant to the plan.

L.

Any other information which the City may require in its review to ensure the proper operation of the use.

All new or revised Reclamation Plans shall conform to minimum statewide performance standards required pursuant to Public Resources Code Section 2773(b) (State Regulations), as adopted by the State Mining and Geology Board, including, but not limited to, wildlife habitat, backfilling, revegetation, drainage, agricultural land reclamation, equipment removal, stream protection, topsoil salvage and waste management. The City may impose additional performance standards developed in review of individual projects, as warranted.

A.

Surface Mining Permit Findings. The City Council may approve a Surface Mining Permit application, in whole or in part, with or without conditions, only if all the following findings supported by fact can be made:

1.

The proposed use would not impair the integrity and character of the area in which it is to be established or located.

2.

The proposed site is suitable for the type and intensity of the proposed mining operation.

3.

The proposed use will not be detrimental to the public health, safety and/or welfare, or adversely affect properties and improvements in the vicinity.

4.

There are adequate provisions for water, sanitation and public utilities and services to ensure public health and safety.

5.

The proposed use is consistent with SMARA.

6.

The mined lands shall be reclaimed to a usable condition which will be readily adaptable to an alternative land use that is appropriate to the land use district within which the site is located.

B.

Reclamation Plan Findings. The City Council may approve a Reclamation Plan, in whole or in part, with or without conditions, only if all the following findings supported by fact can be made:

1.

That the Reclamation Plan complies with Sections 2772, 2773, and 2773.1 of the Public Resources Code and any other applicable provisions.

2.

That the Reclamation Plan complies with applicable requirements of the State Regulations.

3.

That the Reclamation Plan and potential use of reclaimed land pursuant to the Plan are consistent with this Chapter and the goals and policies of the adopted General Plan and any applicable resource plan or element.

4.

That the Reclamation Plan has been reviewed pursuant to CEQA and all significant adverse impacts from reclamation of the surface mining operations are mitigated to the maximum extent feasible.

5.

That the land and/or resources such as waterbodies to be reclaimed will be restored to a condition that is compatible with and blends in with the surrounding natural environmental, topography and other resources, or that suitable off-site development will compensate for related disturbances to resource values.

6.

That the Reclamation Plan will restore the mined lands to a usable condition which is readily adaptable for alternative land uses consistent with the General Plan and applicable resource plan.

Reclamation activities shall be phased with respect to the mining operation and shall be initiated at the earliest possible time on those portions of the mined lands that will not be subject to further disturbance (see Section 19.58.170 Interim Management Plan for Idle Mining Operations). Interim reclamation may also be required for mined lands that have been disturbed and that may be disturbed again in future operations. Reclamation may be done on an annual basis, in stages compatible with continuing operations, or on completion of all excavation, removal or fill, as approved by the City. Each phase of reclamation shall be specifically described in the Reclamation Plan and shall include:

A.

The beginning and expected ending dates for each phase.

B.

All reclamation activities required.

C.

Criteria for measuring completion of specific reclamation activities.

D.

Estimated costs as provided under Section 19.58.140 (Financial Assurances for Reclamation Plans).

A.

To ensure that reclamation will proceed in accordance with the approved Reclamation Plan, the City shall require, as a condition of approval, security which will be released upon satisfactory performance. The applicant may post security in the form of a surety bond, trust fund, irrevocable letter of credit from an accredited financial institution, trust funds or other method acceptable to the City and the State Mining and Geology Board as specified in statewide regulations adopted by the State Mining and Geology Board, and which the City reasonably determines are adequate to perform reclamation in accordance with the surface mining operation's approved Reclamation Plan. Financial assurances shall be made payable to the City and the Department of Conservation (Public Resources Code Section 2773.1(a)(4)).

B.

Financial assurances will be required to ensure compliance with elements of the Reclamation Plan including, but not limited to, revegetation and landscaping requirements; restoration of aquatic or wildlife habitat; restoration of waterbodies and water quality; slope stability, erosion and drainage control; disposal of hazardous materials; and other mitigation measures. Financial assurances for such elements of the plan shall be monitored by the Community Development Director.

C.

The amount of the financial assurances shall be based upon the estimated costs of reclamation for the years or phases stipulated in the approved Reclamation Plan, including any maintenance of reclaimed areas as may be required, subject to adjustment for the actual amount required to reclaim lands disturbed by surface mining activities since January 1, 1976, and new lands to be disturbed by surface mining activities in the upcoming year, as provided in Subsection F, below. Cost estimates shall be prepared by a licensed engineer and/or other qualified professionals retained by the operator and approved by the Community Development Director. The estimated amount of the financial assurance shall be based on an analysis of physical activities necessary to implement the approved Reclamation Plan, the unit costs for each of these activities, the number of units of each of these activities, and the actual administrative costs. Financial assurances to ensure compliance with revegetation, restoration of waterbodies, restoration of aquatic or wildlife habitat, and any other applicable element of the approved Reclamation Plan shall be based upon cost estimates that include, but may not be limited to, labor equipment, materials, mobilization of equipment, administration and reasonable profit by a commercial operator other than the permittee.

D.

In projecting the costs of financial assurances, it shall be assumed without prejudice or insinuation that the surface mining operation could be abandoned by the operator and, consequently, the City or state may need to contract with a third party commercial company for reclamation of the site.

E.

The financial assurances shall remain in effect for the duration of the surface mining operation and any additional period until reclamation is completed, including any maintenance required (Public Resources Code Section 2773.1(a)(2)). If the mining operation is sold, or ownership is otherwise transferred, the existing financial assurances shall remain in full force and shall not be released by the lead agency until new financial assurances are secured by the new owner and have been approved by the lead agency (Public Resources Code, Section 2773.1(c)). Financial assurances shall be released upon written notifications by the lead agency, which shall be forwarded to the operator and the Director of the Department of Conservation, that the reclamation has been completed in conformance with reclamation (Public Resources Code Section 2773.1(c)).

F.

The amount of financial assurances required of a surface mining operation for any one calendar year shall be adjusted annually to account for new lands disturbed by surface mining operations, inflation, and reclamation of lands accomplished in accordance with the approved Reclamation Plan (Public Resources Code, Section 2773.1(a)(3)). The financial assurances shall include estimates to cover estimated reclamation for existing conditions and anticipated activities during the upcoming year, excepting that the permittee may not claim credit for reclamation scheduled for completion during the coming year.

G.

Revisions to financial assurances shall be submitted to the Community Development Director each year prior to the anniversary date for approval of the financial assurances. The financial assurance shall cover the cost of existing disturbance and anticipated activities for the next calendar year, including any required interim reclamation. If revisions to the financial assurances are not required, the operator shall submit a written statement indicating why revisions are not required.

As a condition of approval of a Surface Mining and Land Reclamation Permit, an annual review shall be conducted to evaluate and ensure compliance with the approved permit including all applicable conditions imposed thereon by the City Council. The annual review shall be conducted by the Community Development Director, and if it appears that the permittee is not in full compliance therewith, a hearing may be noticed by the Community Development Director for revocation or other appropriate action by the City Council, using the general procedures of this Development Code (Section 19.28.100 Public Hearing and Public Notice), and in compliance with all applicable provisions of state law, including SMARA.

The Community Development Director shall arrange for inspection of a surface mining operation within six months of receipt of the annual report required in Section 19.58.090 (Annual Reports), to determine whether the surface mining operation is in compliance with the approved Surface Mining and Land Reclamation Permit, approved financial assurances, and State Regulations [Public Resources Code, Section 2774(b)]. In no event shall less than one inspection be conducted in any calendar year. Said inspections may be made by a state-registered geologist, state-registered civil engineer, state-licensed landscape architect, or state-registered forester who is experienced in land reclamation and who has not been employed by the mining operation in any capacity during the previous 12 months, or other qualified specialists, as selected by the Community Development Director and as retained by City Council. All inspections shall be conducted using a form approved and provided by the State Mining and Geology Board. The Community Development Director shall notify the Director of Department of Conservation within 30 days of completion of the inspection that said inspection has been conducted, and shall forward a copy of said inspection notice and any supporting documentation to the mining operator. The operator shall be solely responsible for the reasonable cost of such inspection.

A.

Within 90 days of a surface mining operation becoming idle, as defined in Section 19.06.090 of this Code, the operator shall submit to the Community Development Director a proposed Interim Management Plan (IMP). The proposed IMP shall fully comply with the requirements of Public Resources Code Section 2770(h), and shall provide measures the operator will implement to maintain the site in compliance with SMARA, including, but not limited to, all conditions of the Surface Mining and Land Reclamation Permit. The proposed IMP shall be processed as an amendment to the Reclamation Plan and shall not be considered a project for the purposes of environmental review.

B.

Financial assurances for idle operations shall be continued as addressed in the Reclamation Plan or as otherwise approved through the proposed IMP of the idle mine.

C.

Upon receipt of a complete proposed IMP, the Community Development Director shall forward the IMP to the Department of Conservation for review. The IMP shall be submitted to the Department of Conservation at least 45 days prior to approval by the Planning Commission.

D.

Within 60 days of receipt of the proposed IMP, or a longer period mutually agreed upon by the Community Development Director and the operator, the Planning Commission shall review and approve or deny the IMP in accordance with this Chapter. The operator shall have 30 days or a longer period mutually agreed upon by the operator and the Community Development Director to submit a revised IMP. The Planning Commission shall approve or deny the revised IMP within 60 days of receipt. If the Commission denies the revised IMP, the operator may appeal that action to the City Council.

E.

The IMP may remain in effect for a period not to exceed five years, at which time the Planning Commission may renew the IMP for another period not to exceed five years or require the surface mining operator to commence reclamation in accordance with its approved Reclamation Plan.

If the Community Development Director, based upon an annual inspection or otherwise confirmed by an inspection of the mining operation, determines that a surface mining operation is not in compliance with this Chapter and/or the Surface Mining and Land Reclamation Permit, the City shall follow the procedures set forth in Public Resources Code Sections 2774.1 and 2774.2 concerning violations and penalties, as well as those provisions of this Development Code for revocation and/or abandonment of a Surface Mining and Land Reclamation Permit which are not preempted by SMARA.

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

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

J.

To provide a mechanism for the City and owner to enter into contracts for qualified historical properties for tax benefits.

K.

To designate "historical property" under Health and Safety Code Section 37602 and Government Code Section 8875.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

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

B.

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

C.

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

D.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The Planning Commission shall have the following additional powers and duties:

A.

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

B.

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

C.

Compile and maintain a current register of all landmarks, preservation districts, structures of merit and neighborhood conservation areas.

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

J.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Initiation. The designation, repeal or modification of a landmark may be initiated by the City Council, the Planning Commission, the Twentynine Palms Historical Society or the property owner of record. Application for such designation, repeal or modification shall be submitted in a manner approved by the Community Development Director (Director) and accompanied by such data and information as may be required to assure the fullest practical presentation of the facts for proper consideration of the request.

B.

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

C.

Hearing Notice. Notice of the date, time, place and purpose of the hearing before the Planning Commission shall be given by at least one publication of a notice, in a newspaper having general circulation in the City, not less than ten days prior to the date of such hearing and by depositing in the United States mail, at least ten days prior to the date of the hearing, a notice addressed to the owner of the property being considered. When the real property is not owner-occupied, notice shall also be given to the occupant. The last known name and address of each owner as shown on the records of the County Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

D.

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

E.

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

F.

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

G.

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

H.

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

I.

Appeal. Any person aggrieved or affected by a decision of the Planning Commission in designating, repealing, or modifying landmark status may appeal to the City Council from such decision at any time within 10 days after the date upon which the notice is received. An appeal may be made to the City Clerk, together with the appeal fee as prescribed from time to time by City Council resolution. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within five days after the letter of appeal has been filed, the City Clerk shall notify the Planning Commission and the Director of such filing. Within five working days after such notice is given, the Director shall lodge with the City Clerk copies of the application and all other papers constituting the record upon which the action of the Planning Commission was taken. The City Clerk shall give notice of hearing upon the appeal in the same manner and for the same time as is required in Subsection 19.60.050.C (Hearing Notice) for a hearing in connection with an application before the Planning Commission. The date of such hearing upon the appeal shall be not more than 30 days from the date of filing of the appeal. Upon the hearing of such appeal, the City Council may by resolution affirm, reverse or modify the determination of the Planning Commission. The decision of the City Council is final and conclusive.

J.

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

K.

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

L.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

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

C.

Hearing Notice. Notice of the date, time, place and purpose of the hearing before the Planning Commission shall be given by at least one publication of a notice, in a newspaper having general circulation in the City, not less than ten days prior to the date of such hearing and by depositing in the United States mail, postage prepaid, at least ten days prior to the date of such hearing, a notice addressed to the owner of each property, or occupant, if different, being considered for inclusion in a preservation district. The last known name and address of each owner as shown on the records of the County Assessor may be used for this notice. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record or the failure to receive any mailed notice shall not invalidate any proceedings in connection with the proposed designation.

D.

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

E.

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

F.

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

G.

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

H.

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

I.

Appeal. Any person aggrieved or affected by a decision of the Planning Commission in designating, repealing, or modifying preservation district status may appeal to the City Council from such decision within 10 days after the receipt of notice. An appeal to the City Council shall be taken by filing a letter of appeal with the City Clerk, together with the appeal fee as prescribed by City Council Resolution. Such letter of appeal shall set forth the grounds upon which the appeal is based. Within five days after the letter of appeal has been filed, the City Clerk shall notify the Planning Commission and the Director of such filing. Within five working days after such notice is given, the Director shall file with the City Clerk copies of the application and all other papers constituting the record upon which the action of the Planning Commission was taken. The City Clerk shall give notice of hearing upon the appeal in the same manner and for the same time as is required in Subsection 19.60.060.C (Hearing Notice) for a hearing in connection with an application before the Planning Commission. The date of such hearing shall be not more than 30 days from the date of filing of the appeal. Upon the hearing of such appeal, the City Council may by Resolution affirm, reverse or modify the determination of the Planning Commission. The decision of City Council is final and conclusive.

J.

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

K.

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

L.

Neighborhood Conservation Areas. The Planning Commission may encourage the protection, enhancement, appreciation and use of certain areas that are deserving of recognition by designating them by Resolution as neighborhood conservation areas so as to emphasize their importance in the past, present, and future of the City. Neighborhood conservation areas need not be subject to Section 19.60.060 subsections A through K.

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

A.

Application and Fees.

l.

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

2.

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

B.

Review and Standards.

l.

The Planning Commission shall review the following when applicable to the permit applications.

a.

Architectural design

b.

Scale and proportion

c.

Construction materials

d.

Color and texture

e.

Signs

f.

Public areas

g.

Other applicable requirements by the State Historical Code

2.

Findings. The Planning Commission shall apply the following findings in determining whether to grant or deny a permit:

a.

The proposed change shall be consistent or not incompatible with the architectural period of the building.

b.

The proposed change shall be compatible with existing adjacent or nearby landmark structures and preservation district structures.

c.

The colors, textures, materials, fenestration, decorative features and details proposed shall be consistent with the period and compatible with adjacent structures.

d.

The proposed changes shall not destroy or adversely affect an important architectural feature or features.

C.

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

1.

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

2.

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

D.

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

E.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

The purpose of this Chapter is to establish a permit process to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas through provisions designed to:

A.

Protect human life and health.

B.

Minimize expenditure of public money for costly flood control projects.

C.

Minimize the need for rescue and relief efforts associated with flooding, generally undertaken at the expense of the general public.

D.

Minimize prolonged business interruptions.

E.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard.

F.

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage.

G.

Ensure that potential buyers are notified that property is in an area of special flood hazard.

H.

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Additional definitions may be found in Chapter 19.06 (Definitions).

A.

Existing Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed before November 8, 1988 (see Ordinance No. 39).

B.

Expansion to an Existing Manufactured Home Park or Subdivision. The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

C.

New Manufactured Home Park or Subdivision. A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) was completed on or after November 8, 1988 (see Ordinance No. 39).

The legislature of the state of California has in Government Code Sections 65302 and 65560 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. Therefore, the City does hereby adopt the following floodplain management regulations.

A.

Findings of Fact:

1.

The flood hazard areas in the City are subject to periodic inundation, which can result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare.

2.

These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. In special flood hazard areas, the cumulative effect of obstructions which increase flood heights and velocities also contribute to the flood loss.

To accomplish its purposes, this Chapter includes methods and provisions to:

A.

Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or flood heights or velocities.

B.

Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

C.

Control the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters.

D.

Control filling, grading, dredging and other development that may increase flood damage.

E.

Prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

This Chapter shall apply to all areas of special flood hazards within the City's jurisdiction. Special consideration and development standards shall be applied to properties that are located within FEMA's 100-year Floodplain Overlay and the Indian Cove/Mesquite Drainage Area Overlay.

The areas of special flood hazard identified by FEMA's Federal Insurance Administration in the San Bernardino County and incorporated areas Flood Insurance Study (FIS) dated March 18, 1996, as may be updated from time to time and accompanying Flood Insurance Rate Map (FIRM) dated March 18, 1996, as may be updated from time to time and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this Chapter. The FIS and attendant mapping is the minimum area of applicability of this Chapter and may be supplemented by studies for other areas that would require implementation of this Chapter, and are recommended to the City Council by the Floodplain Administrator. Per Section 19.62.130 (Designation of the Floodplain Administrator), the Community Development Director is the Floodplain Administrator. The FIS and FIRM are on file in the Community Development Department.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this Chapter and other applicable regulations. Violation of the requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Nothing herein shall prevent the City from taking such lawful action as is necessary to prevent or remedy any violation.

This Chapter is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

In the interpretation and application of this Chapter, all provisions shall be:

A.

Considered minimum requirements.

B.

Liberally construed in favor of the governing body.

C.

Deemed neither to limit nor repeal any other powers granted under state statutes.

The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This Chapter shall not create liability on the part of the City, any officer or employee thereof, the state of California, or the Federal Insurance Administration for any flood damages that result from reliance on this Chapter or any administrative decision lawfully made hereunder.

This Chapter and the various parts thereof are hereby declared to be severable. Should any section of this Chapter be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the Chapter as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid.

A development permit shall be obtained before any construction or other development begins within any area of special flood hazard established in Section 19.62.060 (Basis for Establishing the Areas of Special Flood Hazard). Application for a development permit shall be made on forms furnished by the Floodplain Administrator and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions and elevation of the area in question; existing or proposed structures, fill, storage of materials or drainage facilities; and the location of the foregoing. Specifically, the following information is required:

A.

Proposed elevation, in relation to mean sea level, of the lowest floor (including basement) of all structures in Zone AO, elevation of highest adjacent grade and proposed elevation of lowest floor of all structures; or

B.

Proposed elevation in relation to mean sea level to which any structure will be floodproofed, if required in Subsection 19.62.160.D (3); and

C.

All appropriate certifications as required by this Chapter; and

D.

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

The Community Development Director is hereby appointed to administer, implement and enforce this Chapter by granting or denying development permits in accord with its provisions.

The duties and responsibilities of the Floodplain Administrator shall include, but not be limited to the following.

A.

Permit Review. The Floodplain Administrator shall review all development permits to determine that:

1.

Permit requirements of this Chapter have been satisfied.

2.

All other required state and federal permits have been obtained.

3.

The site is reasonably safe from flooding.

4.

The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this Chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than 1 foot at any point.

B.

Review and Use of Any Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 19.62.060 (Basis for Establishing the Areas of Special Flood Hazard), the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal or state agency, or other source, in order to administer Section 19.62.060. Any such information shall be submitted to the City for adoption.

C.

Notification of Other Agencies.

1.

Alteration or relocation of a watercourse:

a.

Notify adjacent communities and the Department of Water Resources prior to alteration or relocation.

b.

Submit evidence of such notification to FEMA.

c.

Assure that the flood-carrying capacity within the altered or relocated portion of said watercourse is maintained.

2.

Base flood elevation changes due to physical alterations:

a.

Within six months of information becoming available or project completion, whichever comes first, the Floodplain Administrator shall submit or ensure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR).

b.

All LOMRs for flood control projects are approved prior to the issuance of Building Permits. Building Permits must not be issued based on Conditional Letters of Map Revision (CLOMRs). Approved CLOMRs allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition.

Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data.

3.

Changes in corporate boundaries. FEMA shall be notified in writing whenever the corporate boundaries have been modified by annexation or other means; a copy of a map of the community clearly delineating the new corporate limits will be included.

D.

Documentation of Floodplain Development. Obtain and maintain for public inspection and make available as needed all certifications as required by this Chapter.

E.

Map Determinations. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard, for example, where there appears to be a conflict between a mapped boundary and actual field conditions. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 19.62.150 (Appeals).

F.

Remedial Action. Take action to remedy violations of this Chapter as specified in Section 19.62.070 (Compliance).

The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision or determination made by the Floodplain Administrator in the enforcement or administration of this Development Code.

A.

A hydrological study shall be required for all locations in the 100-year flood plain zones.

B.

Standards of Construction. In all areas of special flood hazards the following standards are required:

1.

Anchoring.

a.

All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

b.

All manufactured homes shall meet the anchoring standards of Subsection 19.62.160.F (Standards for Subdivisions).

C.

Construction Materials and Methods. All new construction and substantial improvement shall be constructed:

1.

With materials and utility equipment resistant to flood damage;

2.

Using methods and practices that minimize flood damage;

3.

With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; and if

4.

Within Zones AO, so that there are adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

D.

Elevation and Floodproofing. (See Chapter 19.06 Definitions for "new construction," "substantial damage" and "substantial improvement".)

1.

As described below, residential construction, new or substantial improvement, shall have the lowest floor, including basement elevation as follows:

a.

AO zone. Elevated above the highest adjacent grade to a height equal to or exceeding the depth number specified in feet on the FIRM, or elevated at least 2 feet above the highest adjacent grade if no depth number is specified.

b.

A or AE zones. Elevated to or above the base flood elevation, as determined by FEMA.

2.

Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, or verified by the community building inspector to be properly elevated. Such certification or verification shall be provided to the Floodplain Administrator.

3.

Nonresidential construction shall either be elevated to conform with Subsection 19.62.160.D (1), or together with attendant utility and sanitary facilities, and shall:

a.

Be floodproofed to the elevation recommended under Subsection 19.62.160.D (1), so that the structure is watertight with walls substantially impermeable to the passage of water.

b.

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

c.

Be certified by a registered professional engineer or architect that the standards of this Subsection 19.62.160.D (3) are satisfied. Such certification shall be provided to the Floodplain Administrator.

4.

All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must exceed the following minimum criteria:

a.

Be certified by a registered professional engineer or architect; or

b.

Be certified to comply with a local floodproofing standard approved by the Federal Insurance Administration; or

c.

Have a minimum of two openings having a total net area of not less than 1 square inch for every square foot of enclosed area subject to flooding. The bottom of all openings shall be no higher than 1 foot above grade. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater.

5.

Manufactured homes shall also meet the standards in Subsection 19.62.160.G.

E.

Standards for Utilities.

1.

All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:

a.

Infiltration of floodwaters into the systems.

b.

Discharge from the systems into floodwaters.

2.

On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

F.

Standards for Subdivisions.

1.

All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood.

2.

All subdivision plans will provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the final first floor and pad elevations shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.

3.

All subdivision proposals shall be consistent with the need to minimize flood damage.

4.

All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

5.

All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.

G.

Standards for Manufactured Homes.

1.

All manufactured homes as designated below that are placed or substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement:

a.

Within Zones AE on the community's FIRM, on sites located

i.

Outside of a manufactured home park or subdivision,

ii.

In a new manufactured home park or subdivision,

iii.

In an expansion to an existing manufactured home park or subdivision, or

2.

In an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred substantial damage as the result of a flood. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones AE on the community's FIRM that are not subject to the provisions of Subsection 19.62.160.G (1) will be elevated so that either:

a.

Reserved.

b.

The lowest floor of the manufactured home is at or above the base flood elevation, or

c.

The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement.

H.

Standards for Recreational Vehicles.

1.

All recreational vehicles placed on sites within Zones AE on the community's FIRM will either:

a.

Be on the site for fewer than 180 consecutive days,

b.

Be fully licensed and ready for highway use—a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or

c.

Meet the permit requirements of Section 19.62.120 (Establishment of Development Permit) and the elevation and anchoring requirements for manufactured homes in Subsection 19.62.160.G (1).

I.

Floodways. Located within areas of special flood hazard established in Section 19.62.060 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply.

1.

Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zones A1-30 and AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City.

2.

Within an adopted regulatory floodway, the City shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3.

If Subsections 19.62.160.I (1-2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 19.62.160.

J.

Hazardous Materials Storage. New facilities that use or store hazardous materials in quantities that would place them in the state's TRI or SQG databases shall be prohibited from being located in the flood zone (Zones A, AO and X), unless all standards of elevation, anchoring and floodproofing have been implemented to the satisfaction of the City's Building Department and the Twentynine Palms Fire Department.

K.

Critical Facilities. 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 shall develop disaster response and evacuation plans that address the actions that will be taken in the event of flooding.

A.

Nature of Variances. The variance criteria set forth in this Section of the Chapter are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this Chapter would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

B.

It is the duty of the City Council to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this Chapter are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate.

A.

In evaluating requests for variances, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter, and the following:

1.

Danger that materials may be swept onto other lands to the injury of others.

2.

Danger to life and property due to flooding or erosion damage.

3.

Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property.

4.

Importance of the services provided by the proposed facility to the community.

5.

Necessity to the facility of a waterfront location, where applicable.

6.

Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

7.

Compatibility of the proposed use with existing and anticipated development.

8.

Relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

9.

Safety of access to the property in time of flood for ordinary and emergency vehicles.

10.

Expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.

11.

Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.

B.

Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that:

1.

The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for every $100 of insurance coverage.

2.

Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the San Bernardino County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.

C.

The Floodplain Administrator will maintain a record of all variance actions, including justification for their issuance, and report such variances issued in the biennial report submitted to the Federal Insurance Administration.

A.

Generally, variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of .5 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of this Chapter have been fully considered. As the lot size increases beyond .5 acre, the technical justification required for issuing the variance increases.

B.

Variances may be issued for the repair or rehabilitation of historic structures (as defined in Section 19.06.080) upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

C.

Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the base flood discharge would result.

D.

Variances shall only be issued upon a determination that the variance is the "minimum necessary," considering the flood hazard, to afford relief. "Minimum necessary" means to afford relief with a minimum of deviation from the requirements of this Chapter. For example, in the case of variances to an elevation requirement, this means the City Council need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the City Council believes will both provide relief and preserve the integrity of the local ordinance.

E.

Variances shall only be issued upon:

1.

A showing of good and sufficient cause.

2.

The determination that failure to grant the variance would result in exceptional "hardship" (as defined in Section 19.06.080 of this Development Code) to the applicant.

3.

The determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (as defined in Section 19.06.160; see "Public safety and nuisance"), cause fraud or victimization of the public, or conflict with existing local laws or ordinances.

F.

Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of Section 19.62.190.A through E are satisfied, and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.

G.

Upon consideration of the factors of Section 19.62.180.C, and the purposes of this Chapter, the City Council may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

Hillside grading regulations shall be applied to the following:

1.

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

2.

Foothill watershed areas.

3.

Geologically unstable hillside areas.

B.

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

1.

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

2.

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

3.

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

4.

Terracing should be designed with small incremental steps, avoiding sidestep terracing.

5.

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

6.

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

C.

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

1.

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

2.

The slope analysis shall be in compliance with Chapter 33, of the latest edition of the California Building Code and any amendments, as adopted by the City, and shall include:

a.

A topographic map of the proposed project area and all adjoining properties within 150 feet at a scale of not less than one inch to 200 feet. The contour interval shall be not more than two feet, except where the predominant slope is more than ten percent the contour interval may be no more than five feet. Contour lines are to be obtained by aerial or field survey, done under the supervision of a land surveyor, registered engineer, or registered landscape architect.

b.

Contours of the finished slope shown at intervals similar to that on the topographic base map.

c.

Street grades, pad elevations, maximum heights of those slopes and approximate total cubic yard of cut and fill.

D.

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

E.

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

1.

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

2.

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

3.

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

F.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

A.

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

B.

Approval Authority. The Planning Commission may approve further grading or clearance of vegetation subject to the requirements of Chapter 19.36 (Site Plan Review). In submitting an application for a Site Plan Review, the applicant shall pay a permit fee as established by City Council resolution. The Site Plan Review application shall include, but shall not be limited to, the following:

1.

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

2.

A Soil Erosion and Sediment Control Plan sufficient to control dust, soil, and water erosion during and after the clearing activity. The Erosion Control Plan shall identify revegetation and/or other measures to adequately control or prevent such erosion on a long-term basis, and shall be prepared and maintained to control erosion and to establish vegetative growth compatible with the area. This control may consist of any one or a combination of the following:

a.

Effective temporary planting such as a fast-germinating native seed, and/or mulching with straw, pine needles, chippings, embankment retention netting, and other slope and/or stabilization material.

b.

Permanent planting of compatible drought-resistant species of ground cover, shrubs, trees, embankment retention netting or other vegetation.

c.

Mulching, fertilizing, watering or other methods necessary to establish new vegetation.

d.

The protection required by this Section shall be installed prior to calling for final approval of the project. Such protection shall be maintained for at least one year or until permanent protection is established.

C.

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

1.

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

2.

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

3.

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

D.

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

(Ord. No. 316, § 4(Exh. A), 2-27-2024)

This Chapter establishes requirements and criteria for the processing and adoption of environmental documents in compliance with the California Environmental Quality Act (CEQA).

The City adopts the following provisions to implement CEQA and the Guidelines. These regulations and procedures are intended to adopt the CEQA Guidelines by reference and to supplement and define the CEQA review process of the City of Twentynine Palms, thereby clarifying the roles and responsibilities of the decision-making bodies and City departments within that process.

CEQA review is required for all discretionary projects proposed to be carried out or approved by the City, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, the approval of tentative subdivision maps, and any other development entitlements and or publicly funded development and construction projects unless the activity is determined exempt pursuant to CEQA, state regulations, or a locally adopted list of Categorical Exemptions.

The Community Development Director (Director) shall have the authority to administer and implement the provisions of CEQA and/or the State Guidelines for Implementing the California Environmental Quality Act of 1970.

A.

CEQA documents will be processed concurrently with the associated discretionary permit. The City will defer to processing requirements of state law for all stand-alone CEQA determinations.

B.

Lead Agency. The lead agency shall be the public agency which has the principal responsibility for carrying out or approving a project which may have a significant effect upon the environment. The Director shall determine lead agency status, pursuant to CEQA Guidelines Section 15050 et seq. The City shall be the lead agency for all development and construction projects it undertakes for itself. It shall also be the lead agency for all private projects for which the City grants final entitlement approval.

C.

Preliminary Project Review, Notice of Exemption or Initial Study.

1.

The Director, or designee, shall conduct a preliminary project review of the proposed project (activity) and determine if the proposed project is subject to CEQA Guidelines Section 15060. Based upon this review, the Director shall make one or more of the following determinations:

a.

The action is a project, pursuant to CEQA Guidelines Sections 15378 and 15061 et seq.

b.

The action is a project or a portion of a project for which another public agency has already acted as the lead agency, pursuant to CEQA Guidelines Sections 15367 and 15051 et seq.

c.

The project is categorically exempt, pursuant to CEQA Guidelines Section 15354 et seq., or a locally adopted list of Categorical Exemptions.

d.

The project is subject to a statutory exemption, pursuant to CEQA Guidelines Section 15260 et seq.

e.

The project is ministerial, pursuant to CEQA Guidelines Section 15268 et seq.

f.

The project may have a potentially significant effect upon the environment, pursuant to CEQA Guidelines Section 15070 et seq.

g.

The project is subject to the provisions and requirements of CEQA.

2.

If the proposed project is subject to CEQA, the City as lead agency will prepare, or cause to be prepared, a Notice of Exemption or undertake an Initial Study, pursuant to CEQA Guidelines Sections 15061, 15062 and 15063 et seq. If the project is subject to the preparation of an Initial Study, the Director may forgo the Initial Study if it can be determined that an Environmental Impact Report (EIR) is clearly required and begin work directly on the EIR.

3.

The Director's determination will be set forth in writing to the applicant and made available to any members of the public upon request. A copy of said determination shall be affixed to any permit granted or denied.

D.

Requirement for Negative Declaration, Mitigated Negative Declaration or Environmental Impact Report. Based upon the findings of the Initial Study, the Director shall authorize the preparation of one of the following:

1.

Negative Declaration as defined by CEQA and/or the CEQA Guidelines, if the Initial Study shows that there is no substantial evidence that a project may have a significant effect on the environment.

2.

A Mitigated Negative Declaration (MND) as defined by CEQA and/or the CEQA Guidelines if the Initial Study identifies potentially significant effects, but revisions or mitigation measures are included in the proposed project plans to reduce, avoid or mitigate such impacts to a level that is clearly not significant.

3.

An EIR as defined by CEQA and/or the CEQA Guidelines if the Initial Study identifies substantial evidence that a project may have a significant effect on the environment. If an EIR is required, the Director shall determine the type, scope and nature of the EIR pursuant to CEQA and/or the CEQA Guidelines.

E.

Consideration of Negative Declarations, Mitigated Negative Declaration and Environmental Impact Reports. The Negative Declaration, MND or EIR, and any written comments received, shall be transmitted to the Planning Commission prior to the date set for public hearing.

1.

The Planning Commission shall consider the Negative Declaration, MND or EIR and comments, if any, at a properly noticed public hearing. After the termination of the public hearing, the Planning Commission may either certify, return for modifications or reject the Negative Declaration, MND or EIR prior to deciding to approve or disapprove the project.

2.

If the Planning Commission decides to adopt the Negative Declaration, MND or EIR, then the Commission may proceed to approve or disapprove the project.

3.

In the event the Planning Commission's action is a recommendation to the City Council or the Planning Commission's approval is appealed to the City Council, the City Council shall consider the Negative Declaration, MND or EIR in the same manner as done by the Planning Commission.

4.

A Notice of Determination shall be prepared and filed within five days after the adoption of a Negative Declaration, MND or EIR.

The CEQA Guidelines permit local agencies to adopt an expanded list of Categorical Exemptions from the requirements of CEQA. Such a list may identify those specific local activities that fall within each of the classes of exemptions set forth in Article 19 of the CEQA Guidelines, and the activities must be consistent with both the letter and the intent expressed in such classes. The Director shall prepare such a list for consideration by the Planning Commission. The Planning Commission shall make a recommendation to the City Council for adoption, or amendment, of the local list of Categorical Exemptions, and the list shall only be adopted, or amended, by a Resolution of the City Council.

Appeal of an action made pursuant to this Chapter shall be filed in accordance with Section 19.28.120 (Appeals). Appeals of the actions of the Director related to CEQA shall be heard by the City's Planning Commission. The Planning Commission may refer action on any appeal directly to the City Council. Appeals of actions of the Planning Commission shall be heard by the City Council.