Title 19 — Development Code

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Article 1 - General Provisions Chapter 19.02 - Authority

This Title shall be known as the "City of Twentynine Palms Development Code," hereinafter referred to as the "Development Code."

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

The purpose of this Development Code is to protect and promote the public health, safety and welfare of the citizens of Twentynine Palms; implement the goals and objectives of the General Plan in guiding future growth of the City; safeguard and enhance the appearance and quality of development of the City; and protect the physical, social and economic stability resulting from comprehensive and orderly planned development.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

This Development Code is adopted pursuant to the authority granted to the City of Twentynine Palms by the California Constitution, and pursuant to the California Planning and Zoning Law (Government Code Section 65000 et seq.), the State Subdivision Map Act (Government Code Section 66410 et seq.), the California Environmental Quality Act (Public Resources Code 21000 et seq.), and other applicable state and local requirements.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

The standards, criteria, policies and requirements contained in this Development Code shall be considered the minimum necessary to promote the health, safety and welfare of the City.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

A.

Development Code Regulations. Where uncertainty exists regarding the interpretation of any provision of this Title or its application to a specific site, the Community Development Director shall determine the intent of the provision. The determination of the Director may be appealed in accordance with the provisions of Section 19.28.120 (Appeals).

B.

Zoning Map. Where uncertainty exists regarding the boundary of a land use/zoning district, the following rules shall apply:

1.

District boundaries shown as approximately following the property line of a lot or an open space line shown on a map shall be construed to follow such lines.

2.

Where a district boundary divides a lot, the location of the district boundary shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map.

3.

District boundaries shown as approximately following right-of-way lines of highways, streets or other identifiable boundary lines shall be construed to follow such right-of-way or boundary lines.

4.

District boundaries shown as lying within right-of-way lines of highways, streets, defined natural features or other identifiable boundary lines shall be construed to follow the centerline of such right-of-way or boundary lines.

5.

District boundaries shown as lying at the edge of a mapped floodplain boundary line shall be construed to follow the adopted FEMA or DWR floodplain boundary or contour for the watercourse, as determined by the Director.

6.

If any uncertainty remains as to the location of a district boundary or other feature shown on the Zoning Map, the location shall be determined by the Director. Such determinations shall not constitute amendment of the Zoning Map.

C.

Record of Interpretation. The Director shall keep a record of interpretations made pursuant to this Section that shall be available to the public.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

Any project approved by the City prior to the effective date of this Development Code, which includes a use or improvement that does not conform to the regulations set forth herein, may nevertheless be developed to the extent authorized by the approval, provided the approval has not expired. Such uses and improvements shall be deemed legal nonconforming.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

The provisions of this Development Code are not intended to abrogate any legally adopted easements, covenants or other agreements which are more restrictive than the provisions of this Development Code.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

In the event the provisions of this Development Code conflict with any other City ordinance or regulation, the more restrictive shall govern.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

Where a specific plan has been adopted containing specific development standards, the development standards contained in this Development Code shall not apply to the degree that they are not consistent with the development standards contained in the specific plan.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

A.

Purpose. The purpose of this Section is to establish the Planning Commission for the City of Twentynine Palms and identify the membership, powers and duties of the Planning Commission.

B.

Membership. The Planning Commission shall consist of five members, each of whom shall be appointed by and serve at the pleasure of the City Council.

1.

The Planning Commission shall represent differing segments of the community. The members of the Planning Commission shall be residents of the City and shall be registered voters. When a person serving on the Planning Commission ceases to be a resident of the City of Twentynine Palms, the City Council shall declare vacant such person's position on the Planning Commission and shall nominate another eligible person to the unexpired term.

2.

No members of the Planning Commission shall hold any other remunerative office or position with the City. No member of the City Council shall be eligible for membership on the Planning Commission.

3.

Planning Commissioners may, at the discretion of the City Council, be reappointed to subsequent terms of office upon the expiration of their term.

4.

Members of the Planning Commission shall receive compensation for their attendance at each meeting of the Commission as deemed appropriate by the City Council by Resolution.

C.

Term of Office. The term of office for Planning Commissioners shall be four years, or until their successor is sworn into office. Terms shall be staggered with three terms expiring at the first meeting March following a three-person City Council election and two terms expiring at the first meeting in March following a twoperson City Council election.

1.

To be considered for reappointment to the Planning Commission at the conclusion of each Planning Commissioner's term, Planning Commissioners shall be required to reapply for consideration of reappointment.

2.

Any member of the Planning Commission may be removed by a majority vote of the City Council at a duly noticed public meeting.

D.

Absence from Meetings. If a member of the Planning Commission is absent from three successive regular meetings of the Planning Commission, without cause, the office of such member shall be deemed vacant and the Director shall immediately inform the City Council of such vacancy. An absence due to illness is an unavoidable absence and written or verbal notice thereof to the Community Development Director on or before the day of any regular meeting of the Commission shall be deemed absence for cause.

E.

Selection of Chair and Vice Chair. At the first meeting of March each year or as soon thereafter as practical, the Planning Commission shall elect its Chair from among the appointed members. The term of office as Chair shall be for one year. Upon selection and seating of the Chair, the Planning Commission shall elect a Vice Chair from among the four remaining members.

F.

Planning Commission Meetings. The Planning Commission shall hold regular meetings. The meeting schedule shall be determined by the Planning Commission after selection of the Chair and Vice Chair. Such determination shall include the dates, time and place of such meetings.

1.

The Commission may hold additional adjourned or special meetings as may be called in accordance with the law.

2.

If any regular meeting falls on a holiday, it may be held on the next scheduled business day. All meetings otherwise scheduled or noticed to be held on a regular meeting day falling on a holiday may be held at the meeting of the next business day without additional noticing requirements.

G.

Powers of the Planning Commission.

1.

The Planning Commission shall perform the following functions and shall have the power, except as otherwise provided by law, to:

a.

Act as the planning agency for the City of Twentynine Palms.

b.

Prepare and implement the General Plan. Such duties to include:

i.

Review public works projects for consistency with the General Plan.

ii.

Review discretionary projects and determine consistency with the General Plan.

iii.

Promote public interest in the General Plan regarding its implementation.

2.

Provide an annual report to the City Council on the status of the General Plan.

Recommend regulations for the future growth, development and beautification of the City, in respect to its public and private buildings and works, streets, schools, parks, grounds and vacant lots.

4.

Recommend plans, consistent with the future growth and development of the City, to secure sanitation, proper service of public utilities, and transportation facilities.

5.

Recommend to the City Council approval, conditional approval or disapproval of tentative maps of proposed subdivision of land.

a.

The City Council hereby designates the Planning Commission as its advisory agency with respect to the design and improvement of proposed subdivisions.

b.

Every such map or plat shall, prior to its final approval or disapproval by the Council, be submitted to the Commission for action thereon.

6.

Hold public hearings to review and approve or deny, or make recommendation to the City Council on, development and land use applications as identified on Table 19.28.110-1 (Approving Authority for Land Use Permits) of the Development Code.

7.

Perform other duties as shall be necessary to carry out the provisions of this Article and the provisions of the Conservation and Planning Act of the state, amendments or any act substituted therefore.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

Administration of the Development Code shall be consistent with federal, state and local laws.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

Should any section, chapter, paragraph, phrase or any portion of this Development Code be declared unconstitutional or invalid or set aside by any court of competent authority, such action shall not affect other sections, chapters, paragraphs, phrases or parts hereof as adopted or amended.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

Chapter 19.04 - The General Plan

The purpose of this Chapter is to establish guidelines and procedures for the adoption, maintenance and administration of 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.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

The Community Development Director (Director) shall prepare, the Planning Commission shall recommend, and the City Council shall adopt a comprehensive, long-term General Plan for orderly physical development and the preservation of resources and open space in the City according to Section 65300 et seq. of the California Government Code, the state General Plan Guidelines and any other applicable state statutes.

A.

Form. The General Plan shall constitute an integrated, internally consistent, and compatible statement of land use policies, consisting of:

1.

Maps covering the incorporated area of the City and designating existing and proposed land uses and public facilities.

2.

Text stating citywide goals, objectives, policies, standards and implementation programs.

B.

Content. The General Plan shall include background data and analysis, required elements and other optional elements, and related planning studies to be utilized for interpretation, explanation and support of the plan's policies and designations.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

The General Plan shall be applied and interpreted under the direction of the Director. Where disputes arise over the interpretation of General Plan policies or mapping designations, such interpretation shall be resolved by a majority vote of the Planning Commission based on a report by the Director. Determinations made by the Planning Commission shall be final unless appealed to the City Council in accordance with the procedures of Section 19.28.120 (Appeals).

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

A.

Land Use Regulation. All land use regulations including building, zoning, subdivision and environmental protection regulations shall be consistent with the adopted General Plan.

B.

Public Works Project. Pursuant to California Government Code Section 65402, no real property shall be acquired by dedication or otherwise for street, square, park or other public purpose, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, until such project has been submitted to, and reported upon, as to conformity with the General Plan by the Director.

C.

Reviewing Agency. Pursuant to California Government Code Sections 65401 and 65403, the Community Development Department is designated as the planning agency to review and report on, and the Planning Commission is designated as the body to make a finding of consistency with, the General Plan for public works and capital improvement programs.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

Any proposal to update or otherwise amend any element of the General Plan shall be processed in accordance with Chapter 19.50 (General Plan Amendment) of this Development Code.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

A.

Pursuant to Government Code Section 65400, on or before April 1 of each year, the Director shall prepare, and the Planning Commission shall review and submit to the City Council an annual report on the status of the General Plan and progress in its administration and implementation. The report shall be considered at a public meeting by the Planning Commission and City Council and shall include, but not be limited to, a summary of the following information:

1.

A summary of General Plan amendments processed during the preceding year and those pending review.

2.

A report on progress in administering and implementing the General Plan including progress in meeting the City's fair share of regional housing needs pursuant to California Government Code Section 65584.

3.

A review of significant policy issues which may have arisen regarding provisions of the General Plan.

4.

Recommendations for amendments to be initiated to maintain an effective, up-to-date General Plan, including policy changes, clarifications and changes in land use allocations and maps.

B.

Pursuant to Government Code Section 65401, the Director shall request from each City department and each special district or school district, whose jurisdiction lies wholly or partially within the City, a list of the proposed public works projects recommended for planning, initiation or construction during the ensuing fiscal year. The Director shall list and classify all such projects and prepare a coordinated program of public works projects for the ensuing fiscal year.

C.

The Director shall report to the City Council as to the coordinated program of public works projects' conformity with the General Plan.

(Ord. No. 321, § 4(Exh. A), 5-13-2025)

Chapter 19.06 - Definitions

Abandonment. A discontinuance of any use with intent to permanently discontinue such use.

Abatement. The method of reducing the degree and intensity of pollution, nuisances or violations.

Abut. To physically touch or border upon; to share a common property line.

Access. A way or means of physical entry to a property.

Accessory Use/Structure. A use of land or building, or portion thereof, customarily incidental and subordinate to the primary use of the land or building and located on the same lot with the primary use or building.

Acre. A measure of land area containing 43,560 square feet.

Acre, Gross. The entire acreage of a site, calculated to the centerline of bounding streets.

Acre, Net. The portion of a site not reserved for public use. The following are not included in the net acreage of a site: public or private road rights-of-way, common or public open space, and floodways.

Action. A decision on a permit application or other land use matter, made by the approval authority, including, where applicable, appropriate findings, environmental determination and Conditions of Approval.

Adaptive Reuse. The conversion of obsolete or historic buildings from their original or most recent use to a new use; for example, the conversion of a former hospital or school building to residential use, or the

conversion of a historic single-family home to office use.

Addition. (1) A structure added to the original structure after the completion of the original; (2) an extension or increase in floor area or height of a building or structure.

Administrative Office. An establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, legal and sales activities.

Administrative Site Plan Review. The process established to provide for administrative review of projects that, because of their limited size and scope, have minor aesthetic, land use or traffic implications and do not create any significant impact on public utilities or services.

Adult-oriented Business. See Section 19.100.030 (Definitions).

Adverse Impact. A condition that creates, imposes, aggravates or leads to inadequate, impractical, unsafe, unsightly or unhealthy conditions.

Advertisement. The publication of a public hearing in a paper of general circulation and through other media sources, indicating the time, place and nature of a public hearing and location where the application and pertinent documents may be inspected.

Affordable Housing. See Section 19.72.030 (Definitions).

Agriculture. Use of land for the production of food and fiber, including the growing of crops and/or the grazing of animals on natural or improved pastureland.

Airport or Heliport. Any area designated and set aside for the landing and taking off of any aircraft regulated by the Federal Aviation Administration.

Aisle. The traveled way by which cars enter and depart parking spaces.

Alcoholic Beverage. Alcohol, spirits, liquor, wine, beer and every liquid or solid containing alcohol, spirits, wine or beer and which contains one-half (½) of one percent (1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

Alcoholic Beverage Sales. An activity or business engaged primarily in the sale of alcoholic beverages for on-site consumption.

Alley. A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

Alluvial Fan. A geomorphologic feature characterized by a cone- or fan-shaped deposit of boulders, gravel and fine sediments that have been eroded from mountain slopes, transported by flood flows and then deposited on the valley floors, and which is subject to flash flooding, high velocity flows, debris flows, erosion, sediment movement and deposition, and channel migration.

Alteration. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders and all interior partitions; any change in doors, windows or means

of ingress or egress; any enlargement to or diminution of a building or structure, whether horizontally or vertically; or the moving of a building or structure from one location to another. Also see Change of Use.

Amenity. Aesthetics or other characteristics of a development that increase its desirability to the community, such as swimming pools, tennis courts, security systems, views, landscaping or enhanced open space.

Amortization. A method of eliminating nonconforming uses or structures by requiring the termination of the nonconforming use or structure after a specified period of time.

Amusement Arcade. A building or part of a building in which five or more amusement devices occupying more than 10 percent of the public floor area are displayed and available for use by the public.

Ancillary Use. A use incidental to and customarily associated with a specific primary use, located on the same lot or parcel.

Animal. For the purposes of this Development Code, animals are categorized as follows:

A.

Small Animals. Pygmy goats, potbelly pigs, poultry, rabbits, domestic dogs and cats and other comparably sized animals distinguished from those defined as medium or large animals.

B.

Medium-Sized Animals. Swine, pygmy horses, goats, sheep and other comparably sized animals distinguished from those defined as small or large animals.

C.

Large Animals. Horses, cows and other animals so categorized by their size, weight and/or appearance to be large animals.

Animal Hospital. A place where animals or pets are given medical or surgical treatment and care.

Annexation. The incorporation of a land area into an existing city or district resulting in a change in the boundaries of the city or district.

Antenna. A device used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or orbitally based devices.

Apartment. A separate suite comprising one or more rooms of living space, which includes kitchen facilities, and is designed for and rented as a home or residence, and located in a building containing at least one other unit used for the same purpose.

Apex. The point of highest elevation on an alluvial fan, which on undisturbed fans is generally the point where the major stream that formed the fan emerges from the mountain front.

Apiary. A facility for the keeping of bees.

Appeal. A request for a review of a decision or interpretation of any provision of the Development Code.

Appeal Authority. The agency, board, group or legally designated individual empowered to review and approve an appeal of an action taken by an approval authority.

Applicant. The owner(s) or lessee(s) of property, or their authorized agent(s), or person(s) who have contracted to purchase property contingent upon their ability to obtain the required entitlements, and who requests in writing, on the appropriate forms, the approval of a permit, license, certificate or other entitlement from the City.

Approval Authority. The agency, board, group or other legally designated individual empowered to review and approve permit applications.

Approved Plan. A final plan that has been approved by the appropriate jurisdictional authority.

Area of Shallow Flooding. A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from 1 to 3 feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Area of Special Flood Hazard. See Special Flood Hazard Area.

Athletic Fields. Open space areas designed for participatory sports, games and events, along with ancillary minor facilities to support the use.

Attached. Any structure that has an interior wall or roof in common with another structure.

Automobile Rental Agency. A business enterprise engaged in the rental of cars, light trucks, trucks, motorcycles and/or recreational vehicles.

Automotive Repair, Major. A facility which provides heavy repair of automobiles and/or trucks including but not limited to body and fender repair, automotive painting, transmission and/or engine rebuilding, or other repair services which include the removal of major automotive mechanical components of a vehicle.

Automotive Repair, Minor. A facility which provides light repair of automobiles and/or light trucks, including but not limited to engine tune-up, oil change, brake repair and replacement, muffler replacement, and the sale and/or installation of tires, batteries and accessories.

Awning. A roof-like cover attached to and extending from the wall of a building to provide shielding of windows and/or entrances.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

19.06.020 - "B" Definitions

Balcony. A platform that projects from the wall of a building, typically above the first level, and is surrounded by a rail, balustrade or parapet.

Bar. Premises used primarily for the dispensing of alcoholic beverages by the drink for on-site consumption.

Base Flood. A flood which has a 1 percent chance of being equaled or exceeded in any given year (also called the 100-year flood). Base flood is the term used throughout this Code.

Basement. Any area of the building having its floor subgrade—i.e., below ground level—on all sides.

Bed and Breakfast Use. A business operated in a dwelling unit offering overnight accommodations and a morning meal. See Section 19.106.030 (Definitions).

Bedroom. A private room for sleeping, separated from other rooms, and accessible to a bathroom without crossing another bedroom.

Berm. A mound of earth or the act of pushing earth into a mound.

Blind. Any person who has not more than 20/200 central vision acuity in the better eye after correction, or a person who has visual acuity greater than 20/200 but with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees.

Boarding House. A dwelling unit or part thereof in which, for compensation, lodging and meals are provided.

Borrow Pit/Site. Any place or premises where dirt, soil, sand, gravel or other material is removed below the natural grade for any purpose other than that necessary and incidental to site grading or building construction.

Buffer Area. A strip of land established to protect one type of land use from another land use. A buffer may include a physical separation in the form of a specified distance, landscaping, berms or other screens which block vision, noise or other negative impacts.

Buildable Area/Building Envelope. The area of a lot remaining after the minimum setback and open space requirements have been met; the area within which primary and accessory structures may be located, unless an encroachment into the setback is otherwise permitted.

Building. Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment or materials of any kind.

Building, Accessory. See Accessory Use/Structure.

Building Height. The distance measured vertically from finished grade to the highest point of any gable, gambrel, hip, shed or similar pitched roofline, parapet or other structural feature that is an essential and integral portion of the structure.

Building Permit. Written permission issued by the City for the construction, repair, alteration or addition to a structure or building.

Building, Primary. A building in which the principal use is conducted.

Bus Stop Shelter. A small, roofed structure, usually having three walls, located near a street and designed primarily for the protection and convenience of bus passengers.

Business Services. Rendering services to business establishments on a fee or contract basis, including printing and copying, blueprint services, advertising and mailing, equipment rental and leasing, commercial research, development and testing, photo finishing and model building. This classification excludes maintenance and repair and accounting, advertising, architectural design, City planning, environmental analysis, insurance, interior design, investment, landscape design, law, management consulting, title companies and real estate offices.

19.06.030 - "C" Definitions

Campground. Land used or rented for camping purposes by persons in trailers, tents or other movable or temporary dwelling units.

Cannabis. All parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term "cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. The term "cannabis" also means "marijuana" as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 1407 of the Statutes of 1972. The term "cannabis" shall also have the same meaning as set forth in Section 19300.5(f) of the California Business and Professions Code, as may be amended from time to time. The term "cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this Code. The term "cannabis" does not mean "industrial hemp" as defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code.

Canopy. A fixed roofed structure of any material projecting from and connected to a building, column or post or supported by a frame extending from a building and/or posts.

Capital Improvement. When pertaining to government, the acquisition of real property or equipment, or the construction of major projects.

Capital Improvements Program. A timetable or schedule for all future capital improvements to be carried out during a specific period and listed in order of priority, together with cost estimates and the anticipated means and sources of financing each project.

Caretaker Housing. Separate or attached living quarters, usually including kitchen facilities, for employees living on-site, and accessory to the primary use.

Carport. A roofed structure, enclosed on not more than three sides, providing space for the parking of motor vehicles.

Cemetery, Mausoleum, Crematory. Property used for the preparation and/or interring of the dead.

Centerline, Street. The right-of-way centerline as established by the County Surveyor, the City Engineer, or the California Department of Transportation. If no such centerline has been established or in the event the foregoing definition is not applicable, the approval authority shall designate the centerline.

Certificate of Compliance. A document issued by the City and recorded by the County Recorder certifying that a specified real property complies with the provisions of the Subdivision Map Act (Government Code Sections 66410 et seq.).

Certificate of Use/Occupancy. A document issued by a governmental authority allowing the occupancy or use of a building and certifying that the structure has been constructed in compliance with all the applicable municipal codes and ordinances.

Certified Farmers' Market. A location operated in accordance with Chapter 10.5 (commencing with Section 47000) of Division 17 of the Food and Agricultural Code and any regulations adopted pursuant to that Chapter, or any successor chapter.

Change of Use. A conversion of use that substantially differs from the previous use of a building or land.

Charitable Organization. Any nonprofit organization to administer charity, consistent with existing laws, for the benefit of an indefinite number of persons by bringing their minds or hearts under the influence of education or religion; by relieving their bodies from disease, suffering or constraint; by assisting them to establish themselves in life; by erecting or maintaining public buildings or works; or by otherwise lessening the burden of government in providing services to the needy.

Charity. An effort or act intended to relieve the plight of individuals or groups of people in need of assistance who do not have the ability or resources to attend to the normal needs of daily living.

Child Day Care Center. A child day care facility other than a family day care, and which includes infant centers, preschools and extended day care facilities. Includes employer-sponsored child care centers, which are facilities at an employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively for the care of children of that employer and of the officers, managers and employees of that employer.

Child Day Care Facility. A child day care facility provides nonmedical care for children under 18 years of age in need of personal services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facilities are categorized as either child day care centers, large family day care or small family day care.

Church. A building or structure, or groups of buildings or structures, that are primarily intended for conducting organized religious services and associated accessory uses. Church includes mosque, temple, synagogue, cathedral or similar religious institutions.

City. City of Twentynine Palms.

City Council. The legislative body that governs the City.

City Engineer. The City Engineer of the City of Twentynine Palms or authorized representative(s), as designated by the City Manager.

Citywide Street Improvement Fund. An account into which all revenue raised as a result of dedications and improvements (see Chapter 19.90), other than that designated for the Local Street Improvement Fund, shall be placed. The Citywide Street Improvement Fund shall be used solely for the purpose of constructing

curbs, gutters, sidewalks and connecting pavement on City streets in accordance with the General Plan Circulation Element. Because development subject to this fee will have traffic impacts on a citywide basis, the fees are not required to be used to construct street improvements on the same street from which they are received.

Clear Sight Triangle. The area within the triangle formed by connecting the points 30 feet from the intersection of two right-of-way lines or 10 feet from the intersection of a driveway and right-of-way line as shown in Figure 19.06.030-1 (Clear Site Triangle). The 90-degree angle of the clear sight triangle is measured and located from the outermost edge of the right-of-way, without regard to whether all or part of the right-of-way is improved, or from the outermost edge of a private driveway or alley.

Figure 19.060.030.1 Clear Site Triangle

Clinic. A facility that provides outpatient medical services.

Club. A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and/or dues, regular meetings, and a constitution and bylaws.

Cluster Development. Development in which a number of dwelling units are placed in closer proximity than usual, or are attached, with the purpose of retaining an open space area.

College. An educational institution authorized by the state, awarding associate or higher degrees.

Commercial Recreation Facility. Facilities or uses that provide participant or spectator recreation. This classification includes sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, golf driving ranges, pool rooms, dance halls, ice/roller skating rinks, golf courses (daily fee), miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, pinball arcades or electronic games centers; it also includes health and fitness clubs, gymnastic facilities and similar uses.

des sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, golf driving ranges, pool rooms, dance halls, ice/roller skating rinks, golf courses (daily fee), miniature golf courses, scale-model courses, shooting galleries, tennis/racquetball courts, pinball arcades or electronic games centers; it also includes health and fitness clubs, gymnastic facilities and similar uses.

Commercial Solar Field. A solar facility which is developed for purposes of generating solar power for purchase or sale, regardless of size or scale. Power generated from such fields is supplied to an electric distribution system for use by a utility service or energy provider with electric energy for wholesale or retail sale or use. A commercial solar field can be one of several solar technologies including but not limited to concentrating solar power (CSP), photovoltaics (PV) or concentrating photovoltaics (CPV). A commercial solar field does not include small-scale solar systems designed to provide electricity directly to a user on the same site, where the system is designed only to service the peak energy demand of the on-site user.

Commercial Use. An activity involving the sale of goods or services.

Commercial Vehicle. A vehicle customarily used as part of a business for the transportation of goods or people.

Commission. The Planning Commission of the City of Twentynine Palms.

Common Open Space. Land within or serving as a part of a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the occupants of the development and may include such accessory structures and improvements as are necessary and appropriate.

Communication Facility. The antenna, antenna support structures, and buildings used for purposes of transmitting or receiving telecommunication signals.

Community Care Facility. A facility licensed to provide a living environment for unrelated residents who operate as the functional equivalent of a family, or in a group setting, including such supervision and care by support staff as may be necessary to meet the physical, emotional and social needs of aged persons, physically disabled or handicapped persons, developmentally disabled persons, nondangerous mentally ill persons, or children as defined in the appropriate statutes. Community care facilities include but are not limited to the following: residential facility, adult day care facility, therapeutic day services facility, foster family agency, foster family home, small family home, social rehabilitation facility, community treatment facility, full service adoption agency, noncustodial adoption agency and transitional shelter care facility.

Community Center. (1) A building used for recreational, social, educational and cultural activities, open to the public or a designated part of the public, usually owned and operated by a public or nonprofit group or agency; (2) a building or structure owned and operated by a governmental agency and used to provide a governmental service to the public.

Community Development Director. The City Community Development Director or his/her designee.

Complete Application. An application form completed as specified by the rules of the governmental agency and all required accompanying documents.

Conditional Use. A use permitted in a particular zoning district upon showing that such use will comply with all the conditions and standards as specified in the Development Code and authorized by the approval authority.

Conditional Use Permit. A permit for land use classifications with unusual site development features or operating characteristics requiring special consideration so that they may be designed, located and

operated compatibly with uses on adjoining properties and the surrounding area.

Condominium. A building, or group of buildings, in which dwelling units, offices or floor area are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

Congregate Care Facility. A facility licensed by the California Department of Public Health, the California Department of Social Welfare, or the County of San Bernardino Department of Public Health, which provides bed and ambulatory care for patients for postoperative convalescent, chronic illness or dietary problems and persons unable to care for themselves. Such patients do not include alcoholics, drug addicts, or persons with mental or contagious affliction.

Construction Office. A temporary structure or a portion of an existing structure used as the primary management location of construction activities.

Contiguous Property. Those properties which touch property lines of any parcel, including those properties which touch said property lines of a subject parcel when such lines are projected across public or private rights-of-way, easements, roads or streets.

Convalescent Facility. A facility licensed by the California Department of Public Health, the California Department of Social Welfare or the San Bernardino County Department of Public Health, which provides bed and ambulatory care for persons unable to care for themselves. Such facilities do not include treatment of alcoholism, drug addiction, or mental or contagious diseases or afflictions.

Convenience Store. Any small retail establishment offering for sale prepackaged food products, household items, newspapers, magazines, sandwiches and/or prepared foods for off-site consumption.

Council. The Mayor and City Council members of the City of Twentynine Palms.

County. Unless otherwise specified, the County of San Bernardino, California.

Covenants, Conditions, and Restrictions (CC&Rs). A term used to describe restrictive limitations that may be placed on property and its use, and which usually are made a condition of holding title or lease.

Cul-de-sac. The turnaround at the end of a dead-end street.

Curb Face. The vertical or sloping surface on the roadway side of the curb.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

19.06.040 - "D" Definitions

Day Care Facility See Family Day Care.

Days. Shall always be consecutive calendar days, unless otherwise stated.

Dedication. The transfer of property, such as streets and roads or other public usage, to a public agency or utility for specific purposes.

Density. The number of dwelling units, households or housing structures per unit of land.

Density Bonus. See Section 19.72.030 (Definitions).

Density Transfer. The transfer of all or part of the permitted density from one parcel to another parcel.

Detached. Any building or structure that does not have a wall or roof in common with any other building or structure.

Developer. The legal or beneficial owner or owners of property to be developed or being developed, including the holder of an option or contract to purchase or other person(s) having enforceable proprietary interests in such property.

Development. Any man made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

Development Agreement. A contract between the City and a developer through which the developer receives vested rights to construct a project subject to specific requirements benefiting the community.

Development Code. A set of land use regulations, as contained in Title 19 of the Twentynine Palms Municipal Code, adopted by the City which prescribes standards and regulations for land use and development.

Development Permit. A land use permit required for any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Development Rights. The legally established right to develop land by a party.

Director. The Community Development Director of the City of Twentynine Palms or his/her designee.

Discretionary Decision. An action taken by a governmental agency that calls for the exercise of judgment in deciding whether to approve and/or how to carry out a project.

District. A zone or geographic area in the municipality within which certain zoning or development regulations apply.

Drainage. (1) Surface water runoff; (2) the removal of surface water or groundwater from land by drains, grading or other means, which include runoff controls to minimize erosion and sedimentation during and after construction or development.

Drainage Area. A geographical area, formed by topography, which collects and directs surface runoff from precipitation to natural or man-made channels.

Drive-through. Any portion of a building or development intended to allow service direct from the building through a window, kiosk or automated delivery system to vehicle occupants. Such facilities include but are not limited to food service windows, automatic teller machines or similar service systems.

Driveway. A roadway providing direct access for vehicles between a street or highway and an area containing parking spaces, loading, storage or refuse collection areas.

Drug Abuse/Alcohol Recovery Facility. A care facility that provides 24-hour residential nonmedical services to adults who are recovering from problems related to alcohol and/or drug use.

Duplex. A building with two single-family dwelling units separated from each other by a common wall.

Dwelling, Attached. A dwelling joined to one or more other dwellings by common vertical walls.

Dwelling, Detached. A dwelling that is not attached to any other dwelling by any physical means.

Dwelling, Multiple-Family. A building on a single lot containing two or more dwelling units, offered for rent or lease on a monthly (or longer) basis, each of which is totally separated from the other by a wall extending from ground to roof or a ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both (or multiple) dwelling units.

Dwelling, Single-Family Detached. A building containing one dwelling unit that is not attached to any other dwelling by any means, is surrounded by open space and yards, is located on a single lot and is designed to house not more than one family.

Dwelling, Townhouse. A single-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.

Dwelling, Triplex. A building containing three dwelling units, each of which has direct access to the outside or to a common hall.

Dwelling Unit. One or more rooms, designed, occupied or intended for occupancy as a separate living quarter, with cooking, sleeping and sanitary facilities.

Dwelling Unit, Efficiency. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

19.06.050 - "E" Definitions

Easement. A right to cross or otherwise use land for a specified purpose.

Eave. The projecting lower edges of a roof overhanging the wall of a building.

Elevation. (1) A vertical distance above or below a fixed reference level; (2) a dimensioned drawing of the front, rear or side of a building showing features such as windows, doors and relationship of grade to floor level.

Emergency Shelter. See Section 19.116.030 (Definitions).

Emergency Vehicle Access. The roadway path or other surface that provides police or fire safety vehicular access from the dispatched point of origin to a facility, building, parcel, park or portion thereof. Emergency vehicle access includes, but is not limited to, fire lanes, public and private streets, parking lot lanes, access roadways, and walkways.

Emission. A discharge of pollutants into the air or water.

Encroachment. The placement or construction of a fence, building, structure or other improvement or use on another's property or on a public right-of-way.

Encroachment (Floodplain). The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

Equestrian Facilities. Facilities providing support to horses or the raising and use of horses for sport or pleasure. Such facilities may include riding clubs, corrals, stables, training arenas, trails, and equipment storage.

Excavation. Removal or recovery by any means of soil, rock, minerals, mineral substances, or organic substances, other than vegetation.

Existing Manufactured Home Park or Subdivision. See Section 19.62.020 (Definitions).

Exotic Animal. Any warm- or cold-blooded animal of the biological family Animalia, generally considered as wild, exotic, dangerous, venomous or not normally domesticated.

Expansion. The creation or use of additional land or floor area for a specific use or commercial activity.

Expansion to an Existing Manufactured Home Park or Subdivision. See Section 19.62.020 (Definitions).

Extension. An increase in the amount of time that a permit or approval may be valid.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

19.06.060 - "F" Definitions

Façade. The exterior walls of a building exposed to public view.

Family Day Care. A home that regularly provides care, protection and supervision for 14 or fewer children, at the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care or a small family day care. Family day care homes are classified by the number of persons receiving care:

A.

Small Family Day Care. A home that provides family day care for eight or fewer children, including children under the age of 10 years who reside at the home.

B.

Large Family Day Care. A home that provides family day care for 9 to 14 children, including children under the age of 10 years who reside at the home.

Farmers Market Uses. Activities that involve the sale of merchandise, including but not limited to fruit and produce, on a temporary or recurring basis. Farmers market uses include certified farmers markets, open air markets and craft fairs.

Fence. An exterior physical barrier erected to enclose, screen or separate areas.

Fiscal Impact Analysis. An analysis of the costs and revenues associated with impacts to a public agency of a specific development proposal.

Flag. The symbol, insignia or display of a governmental or nonprofit organization when not displayed in connection with a commercial promotion or used as an advertising mechanism.

Flood, Flooding, Flood Water. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters; the unusual and rapid accumulation or runoff of surface waters from any source.

Flood Insurance Rate Map (FIRM). The official map on which the Federal Emergency Management Agency or Federal Insurance and Mitigation Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

Flood Insurance Study. The official report provided by the Federal Insurance and Mitigation Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

Floodplain or Flood-prone Area. Any land area susceptible to being inundated by water from any source. See Flood.

Floodplain Administrator. The individual appointed to administer and enforce the floodplain management regulations.

Floodplain Management. The operation of an overall program of corrective and preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations and open space plans.

Floodplain Management Regulations. Chapter 19.62 of the Development Code and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in floodprone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.

Flood Proofing. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot. Also referred to as Regulatory Floodway.

Floodway Fringe. That area of the floodplain on either side of the regulatory floodway where encroachment may be permitted.

Floor Area, Gross. The sum of all areas of the floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than 6 feet.

Floor Area, Net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading, and all floors below the first or ground floor, except when used or intended to be used for human habitation.

Floor Area Ratio. The gross floor area of all buildings or structures on a lot divided by the total lot area.

Food. Any item provided in Health and Safety Code Section 113781, or any successor section.

Footprint, Building. The outline of a building at all of those points where it meets the ground.

Fraternal Organization. A group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

Fraud and Victimization. As used in Chapter 19.62 (Flood Management Regulations) of this Code, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for 50 to 100 years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

Frontage. See Lot Frontage orYard, Front. As used in signage calculation, seeBuilding Frontage in Section 19.88.020 (Definitions).

Functionally Dependent Use. As used in Section 19.62.190 (Conditions for Variances) of this Code, a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

Funeral Home, Mortuary. A building used for the preparation of the deceased for burial or cremation and the display of the deceased and ritual connected therewith before burial or cremation.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

19.06.070 - "G" Definitions

Garage. A building or a parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.

Garage, Private. A garage used exclusively for the parking and storage of vehicles owned by residents of nearby dwelling units and their guests, which is not operated as a commercial enterprise and is not available to the general public and which is owned, leased or cooperatively operated by such residents.

Gated Community. A residential development enclosed by a perimeter wall and secured at each entry point with a gate, typically accessible only to residents of the development and their guests.

General Plan. The City of Twentynine Palms General Plan as adopted by the City Council.

Glare. The effect produced by brightness sufficient to cause annoyance, discomfort or loss of visibility.

Golf Driving Range. A commercial recreational use, or accessory use to a golf course, where persons may practice long distance shots. Such facilities are generally outdoor uses.

Governing Body. The local governing unit empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.

Government Agency. Any department, commission, independent agency or instrumentality of the United States, or a state, county, incorporated local municipality, authority, district or any other agency so recognized as a governmental unit.

Government Facility. Offices and support facilities for any seat of any federal, state, county or City agency, or special district providing services to the general population.

Grade. (1) The average elevation of the land around a building; (2) the percentage of rise or descent of a sloping surface.

Grade, Finished. The final elevation of the ground level after development.

Grade, Natural. The elevation of the ground level in its natural state, before grading.

Grading. Any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition, to create new grades.

Greenhouse. A building with roof and sides made largely of transparent or translucent material used for the cultivation of plants.

Ground Floor. The first floor of a building other than a cellar or basement.

Group Home or Quarters. See Residential Care Facility.

Guest House. An attached or detached accessory building or space located on the same parcel with the primary building, for use by temporary guests of the occupants of the premises.

Gymnasium. A recreational facility providing indoor athletic activities and events.

19.06.080 - "H" Definitions

Habitable Structure. A structure which includes habitable space for living, sleeping, eating and cooking. Closets, halls, storage or utility space, and similar areas are not considered habitable space.

Handicapped Person. A person who may be classified as having a physical impairment that manifests itself in one or more of the following ways: non-ambulatory; semi-ambulatory; visually impaired, deaf or hard of

hearing; having faulty coordination; and having reduced mobility, flexibility, coordination or perceptiveness due to age or physical or mental conditions.

Hardship. As used in Section 19.62.170 (Variance Procedure) of this Code, the exceptional hardship that would result from a failure to grant the requested variance. The City requires that the variance be exceptional, unusual and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

Haul Road/Route. A road along which material is transported from the area of excavation to the processing plant, construction site or stock pile area.

Health Care Facility. A public or private facility principally engaged in providing services for health maintenance and the treatment of mental or physical conditions. This includes establishments providing support to the medical profession and patients, such as medical and dental laboratories, blood banks, or oxygen, and other similar types of medical supplies and services.

Health Club. An establishment that provides exercise facilities for use on-site.

Heating Element. Any device used to create heat for food preparation.

Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic Preservation. The protection, rehabilitation and restoration of districts, sites, buildings, structures and artifacts significant in history, architecture, archaeology or culture.

Historic Structure. Any structure that is:

A.

Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B.

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

C.

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D.

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states with approved programs.

Home Occupation. Any commercial or service activity carried out for gain by a resident and conducted as a customary, incidental and accessory use in a dwelling unit.

Homeowners Association. An association of owners in a condominium, planned unit development or residential subdivision established to provide management of property in which they own an undivided, common interest.

Hospital. A building providing primary health services and medical or surgical care, including facilities for overnight care, and the related facilities, medical offices and staff residences.

Hotel. A lodging facility offering transient accommodations to the general public, typically on a less than monthly basis, and which may provide additional services, such as restaurants, meeting rooms and recreational facilities.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

19.06.090 - "I" Definitions

Idle. To curtail, for a period of one year or more, surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date (Public Resources Code Section 2727.1).

Impact. The effect of any direct man-made actions or indirect repercussion of man-made actions on existing physical, social or economic conditions.

Impervious Surface. A surface through which water cannot penetrate, such as roof, road, sidewalk or paved parking lot.

Industrial. The manufacture, production and/or processing of consumer goods. Industrial is often divided into "heavy industrial" uses, such as construction yards, quarrying and factories, and "light industrial" uses such as research and development and less intensive warehousing assembly and/or manufacturing.

Infill Development. Development of vacant land in areas that are largely developed.

Infrastructure. Public facilities needed to sustain industry, residential, commercial and other land use activities.

Institutional Use. A nonprofit, religious or public use, such as a church, library, public or private school, hospital, or government-owned or -operated building, structure or land.

Intensification of Use. A change to the existing use of a property which results in a change or increase in vehicular or pedestrian traffic or an increase in parking requirement, or induces additional environmental

impacts, including but not limited to noise, light, glare, vibration, traffic, water quality, air quality or aesthetics.

Intensity of Use. The number of dwelling units per acre for residential development and floor area ratio (FAR) for residential or nonresidential development such as commercial, office and industrial development.

Intersection. The location where two or more roadways cross at the same grade.

Junk. Any scrap, waste, reclaimable material or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled or disposed of.

Junk and Salvage Facility. Structures and/or land used for storage, dismantling and/or selling of cast-off, unused, scrap or salvage material of any sort.

19.06.110 - "K" Definitions

Kennel. A commercial establishment in which dogs and/or domesticated animals are housed, groomed, bred, boarded, trained or sold.

Kitchen. Any room, all or part of which is designed and/or used for storage, refrigeration, cooking and the preparation of food.

19.06.120 - "L" Definitions

Land Clearing. Removal of vegetation by any means.

Landscape Plan. A component of a development plan on which is shown: proposed landscape species (such as number, spacing, size at time of planting, and planting details), proposals for protection of existing vegetation during and after construction, proposed treatment of hard and soft surfaces, proposed decorative features, grade changes, buffers and screening devices, and any other information that can reasonably be required in order that an informed decision can be made by the approval authority.

Land Use. A description of how land is occupied or utilized.

Land Use Application. A request for approval of a discretionary permit that is subject to one of the permit processes specified by this Code.

Land Use Decision. Any decision to approve, approve with conditions, modify or deny a request to develop, divide or otherwise utilize land or to alter or establish land use regulations.

Land Use District. A designation established by the General Plan and Development Code containing applicable rules and regulations necessary to guide development and use of all land within the district.

Legal, Nonconforming. See definitions for Nonconforming Lot, Nonconforming Structure or Building andNonconforming Use.

Legislative Act. The means by which the legislative arm of government renders decisions, such as minute actions, resolutions and ordinances.

Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding.

Levee System. A flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices.

Living Area. The area that is air conditioned/heated. Does not include the garage, patios or screened enclosures.

Loading Space. An off-street space or berth used for the loading or unloading of cargo, products or materials from vehicles.

Local Street Improvement Fund. An account into which all fees assessed in connection with the issuance of permits for construction of a new single-family residence or new second dwelling unit with a kitchen are placed. The Local Street Improvement Fund is used solely for the purpose of constructing curbs, gutters, sidewalks and connecting pavement on streets fronting residentially zoned property in accordance with the General Plan Circulation Element. Because development subject to this fee has traffic impacts on a

citywide basis, the fees are not required to be used to construct street improvements on the same street from which they are received.

Lodge. A place where members of a local chapter of an association or fraternal, cultural or religious organization hold their meetings.

Lot, Corner. A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle of less than 135 degrees.

Lot, Flag. A lot which utilizes a narrow strip as its means of providing frontage on a street and/or providing access to the lot.

Lot, Interior. A lot other than a corner lot.

Lot, Reverse Frontage. A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts.

Lot, Substandard. A parcel of land that has less than the required minimum area or dimensions.

Lot, Through. A lot that fronts upon two streets that do not intersect at the boundaries of the lot.

Lot Area, Gross. The total area within the lot lines of a lot, including any adjacent street rights-of-way.

Lot Area, Net. The total area within the lot lines of a lot, excluding any street rights-of-way.

Lot Coverage. That portion of the lot that is covered by buildings, sidewalks, driveways or other impervious surface.

Lot Depth. The average distance measured from the front lot line to the rear lot line.

Lot Frontage. The length of the front lot line measured at the street right-of-way line. For flag lots, that portion of a lot, not including the pole portion, that is generally parallel to the access street.

Lot Line. A line of record bounding a lot that divides the lot from another lot or from a public or private street or any other public space.

Lot Line Adjustment. The relocation of an interior lot line between two or more adjacent parcels, where the land taken from one parcel is added to an adjacent parcel, and where a greater number of parcels than originally existed is not thereby created.

Lot Line, Front. On an interior lot, the line separating the parcel from the street right-of-way. On a corner or through lot, the lot line abutting the street providing the primary access to the lot. On a flag lot, the interior lot line most parallel to the nearest street from which access is obtained.

Lot Line, Interior. A lot line which does not abut a street.

Lot Line, Rear. The lot line which intersects a side lot line and which is most distant from and most closely parallel to the front lot line. In the case of a triangular or otherwise irregularly shaped lot, a line within the lot having a length not less than 10 feet, parallel to and most distant from the front lot line, shall be interpreted as the rear lot line for the purpose of determining required setbacks and other provisions of this Development Code.

Lot Line, Side. Any lot line other than a front or rear lot line.

Lot Merger. The joining of two or more contiguous parcels of land under one ownership into one parcel.

Lot of Record. A lot that exists as shown or described on a recorded plat or deed in the records of the County Recorder.

Lot Width. The horizontal distance between the side lines, measured at the required front setback line.

Lowest Floor. The lowest floor of the lowest enclosed area, including basement (also see Basement). An unfinished or flood-resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided it conforms to applicable non-elevation design requirements, including but not limited to standards for the following:

A.

Wet flood proofing

B.

Anchoring

C.

Construction materials and methods

D.

Utilities

For residential structures, all subgrade enclosed areas are prohibited, as they are considered to be basements (also see Basement). This prohibition includes below-grade garages and storage areas.

Manufactured Home. A factory-built structure, transportable in one or more sections, that meets the National Manufactured Home Construction and Safety Standards Act, commonly known as the U.S. Department of Housing and Urban Development (HUD) code. The termmanufactured home does not include arecreational vehicle.

Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

Manufacturing. The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products and the blending of materials.

Marquee. Any hood, canopy, awning or permanent construction that projects from a wall of a building, usually above an entrance.

May. For the purpose of this Development Code, "may" is generally used to indicate a standard or requirement that is permitted or allowed.

Mean Sea Level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.

Median. An island in the center of a street, highway or other surface intended for vehicle circulation that separates opposing traffic flows.

Medical Marijuana Dispensary or Facilities. Any association, cooperative, affiliation, collective, facility, clinic or location where qualified patients and/or primary caregivers, as those terms may be defined in state law, are organized to provide education, referral or network services, and facilitate or assist in the retail distribution of medical marijuana. Also means any facility or location that is used, in full or in part, as a place at or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located, stored, placed or cultivated, including any of the foregoing if used in connection with the delivery of marijuana. Also includes mobile sales and/or establishments from which marijuana is delivered to patients who cannot obtain it from a dispensary due to physical or mental disability, for medical purposes in compliance with Health and Safety Code Sections 11362.5 through 11362.83, inclusive.

Merchandise. Any item(s) that can be sold and immediately obtained, excluding food. Items for rent shall not be considered merchandise.

Mineral Resources. A collective term for all mineral deposits of a particular kind or for mineral deposits in general.

Minerals. Any naturally occurring chemical element or compound, or groups of elements and compounds, formed from inorganic processes and organic substances, including but not limited to coal, peat and

bituminous rock, but excluding geothermal resources, natural gas and petroleum (14 California Code Regulations, Section 3501). For the purposes of this Code, minerals shall also include but not be limited to sand, gravel, aggregate, cinders, diatomaceous earth, shale, limestone, flagstone and decorative stone.

Mining. The act or process of extracting mineral from the earth.

Mini-Storage. A storage facility in which individual units are rented to the public. The term includes selfstorage and mini-warehouse.

Mitigation. Methods used to alleviate or lessen the impact of development.

Mobile Food Truck. A motorized vehicle or vehicle-towed trailer in which food is cooked, prepared, and/or prepackaged to order and is served to walk-up customers.

Mobile Food Truck Vending; Mobile Food Truck Activities; Mobile Food Truck Vending Activities. Actions that qualify a person as a mobile food truck vendor.

Mobile Food Truck Vendor. A person who sells food, drinks or any other consumables from a motorized vehicle or vehicle-towed trailer in which food is cooked, prepared, and/or prepackaged to order and is served to walk-up customers.

Mobile Home. A movable or transportable vehicle, other than a motor vehicle, designed as a permanent structure intended for occupancy by one family.

Mobile Home Park. Any area or tract of land where two or more lots are rented or leased, held out for rent or lease, or were formerly held out for rent or lease and later converted to a subdivision, cooperative, condominium or other form of resident ownership, to accommodate manufactured homes, mobile homes or recreational vehicles used for human habitation.

Model Home Complex. Residential units and a temporary sales office used to illustrate the design of the units to potential homebuyers.

Motel. An establishment providing transient sleeping accommodations with most rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

Museum. A building or room, or any grouping thereof, open to the public, used to exhibit works of art or displays of historic objects, scientific objects or memorabilia.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

19.06.140 - "N" Definitions

New Construction. For floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of floodplain management regulations adopted by this community, and includes any subsequent improvements to such structures.

New Manufactured Home Park or Subdivision. See Section 19.62.020 (Definitions).

Nightclub. An establishment dispensing liquor with or without meals and in which music, dancing or entertainment is featured.

Noise Attenuation. Reduction of noise level using a substance, material or surface, such as earth berms and/or solid concrete walls.

Nonconforming Lot. A lot, the area or dimensions of which was lawful prior to the adoption, revision or amendment of the Development Code but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the Code.

Nonconforming Structure or Building. A structure or building, the size, dimension or location of which was lawful, prior to the adoption, revision or amendment of the Development Code but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the Code.

Nonconforming Use. A use or activity that was lawful prior to the adoption, revision or amendment of the Development Code, but that fails by reason of such adoption, revision or amendment to conform to the present requirements of the Code.

Nuisance. An interference with the enjoyment and legal use of property, including any act, condition or thing that is illegal and/or interferes with the rights of the public generally.

19.06.150 - "O" Definitions

Obstruction. As used in Chapter 19.62, includes but is not limited to any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

Occupancy or Occupied. The residing of an individual(s) overnight in a dwelling unit or the storage or use of equipment, merchandise or machinery in any building.

Occupancy Permit. SeeCertificate of Use/Occupancy.

Off-site. Located outside the lot lines of the lot in question.

Off-site Improvements. Improvements required as a result of development and including but not limited to curb, gutter, sidewalk, road widening and upgrading, stormwater facilities and traffic improvements.

Off-site Parking. Parking provided for a specific use but located on a site other than the one on which the specific use is located.

One Hundred Year Flood. See Base Flood.

Organizational Camp. Land or premises which is owned by an organization and used or intended to be used, let or rented for occupancy by members of the organization or campers attending camp on the premises.

Outdoor Events. Activities conducted outside for public benefit and participation including but not limited to parades, concerts, rallies and sports competitions.

Outdoor Sales. The display and sale of products and services outside of a building or structure.

Outdoor Storage. The keeping, in an unenclosed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 24 hours.

Overburden. Soil, rock or other materials that lie above a natural mineral deposit or in between mineral deposits, before or after their removal by surface mining operations (Public Resources Code Section 2732).

19.06.160 - "P" Definitions

Parapet. The extension of the main walls of a building above the roof level.

Parcel Map. A map showing a subdivision of four or fewer parcels, as required by the Subdivision Map Act, prepared in accordance with the provisions of the Subdivision Map Act, and designed to be filed for recordation in the Office of the County Recorder. This excludes a remainder parcel and may be greater than four parcels if certain exceptions apply.

Park. A tract of land, designated and used by the public for active and/or passive recreation.

Park and Ride. A system where participants drive to a central location to carpool or gain access to public transportation to another location.

Parking, Commercial Lot. A business enterprise engaged in providing the service of parking space of vehicles for short-term use, typically less than 24 hours in duration.

Parking Lot. An off-street, ground-level open area, usually improved, for the temporary storage of motor vehicles.

Parking, Shared. Joint use of a parking area for more than one use.

Parking Space. A clearly defined location for the parking of a motor vehicle in a public or private parking area.

Parking Space, Covered Parking. An accessible and usable covered space of not less than 10 by 20 feet for storage of automobiles. Such covered parking space to be so located on the lot as to meet the requirements of this Title for an accessory building or, if attached to the main building, to be so located as to meet all the requirements of this Title for a main building.

Parkway. The area of a public street between the curb and the adjacent property line or physical boundary definition such as fences or walls, which is used for landscaping and/or passive recreational purposes.

Pathway. A paved or unpaved path or walkway for pedestrian travel, other than a sidewalk.

Peddler. A person who goes from house to house, from business to business, or otherwise from place to place, within the City, without prior invitation, appointment or consent, and offers the immediate sale of services or merchandise. Peddling does not include selling upon a public sidewalk or other pedestrian path, which is defined under sidewalk vending.

Peddling. Selling merchandise which is transported from place to place in the course of approaching prospective customers or selling merchandise or services from door to door.

Peddling Activities. Actions that qualify a person as a peddler.

Performing Arts Center. A building or group of buildings designed to permit the staging and conduct of theater arts and performances including music, dance and/or drama.

Permit. Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law but not allowed without such authorization.

Permitted Use. Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

Physically Disabled. A person who has a permanent loss of, or loss of use of, a part of the body, or permanent impairment of a body function, resulting in actual disability and a diminished ability to compete in an open market.

Planning Department/Agency. An administrative and professional division within the municipal structure charged with the responsibility of providing long-range and short-term planning services and zoning administration to the community, as established by the City.

Planning Director. The Community Development Director of the City of Twentynine Palms or authorized representative(s), as designated by the City Manager. See also Community Development Director.

Plat. (1) A map representing a tract of land showing the boundaries and location of individual properties and streets; (2) a map of a subdivision or site plan.

Plaza. An open space which is improved and landscaped, usually surrounded by streets and/or buildings.

Plot. (1) A single unit parcel of land; (2) a parcel of land that can be identified and referenced to a recorded plat or map.

Pocket Park. A small park, under one (1) acre, or outdoor area for public leisure, recreation or open space needs.

Porch. A roofed open area, which may be screened, usually attached to or part of and with direct access to or from a building.

Porte-cochere. A large entrance gateway into a courtyard, or a kind of porch roof projecting over a driveway at an entrance.

Prezoning. The process or action by which cities are able to designate that portion of an unincorporated area for future annexation, with specific zoning districts which will apply upon annexation of the property to the City.

Primary Building. See Building, Primary.

Primary Use. See Use, Primary.

Private Recreational Facilities. Facilities including but not limited to country clubs, tennis and swim clubs, golf courses, racquetball and handball facilities, and commercial uses which are commonly associated and directly related to these uses.

Professional Office. The office of a member of a recognized profession maintained for the conduct of that profession.

Prohibited Use. See Use.

Projection. That part of a building or structure which extends beyond the main wall of a building.

Public Areas. Parks, playgrounds, trails, paths, recreation areas, open spaces, scenic and historic sites, schools and other buildings and structures for public use.

Public Improvement. Any improvement or facility, together with the right-of-way necessary to provide transportation, drainage, utilities or other facilities that are usually owned, operated and/or maintained by a government agency.

Public Property. All property owned or controlled by the City, County, State, or federal government, including, but not limited to, alleys, parks, pathways, streets, parking lots, sidewalks, and walking trails.

Public Right-of-Way. An area or strip of land, either public or private, on which an irrevocable right of passage has been recorded for the use of vehicles or pedestrians or both.

Public Safety and Nuisance. As used in Chapter 19.62 (Flood Management Regulations), means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

c Safety and Nuisance. As used in Chapter 19.62 (Flood Management Regulations), means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal or basin.

Public Safety Uses and Facilities. Public safety uses and facilities are those facilities and uses operated by public and private organizations to protect the public health and safety including utility service providers, law enforcement agencies, fire departments, rescue squads, ambulance services and similar related uses. Public safety uses and facilities include those accessory facilities that are necessary to support the emergency response operations of public safety providers as described above.

Public Utility. See Utility.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

19.06.170 - "Q" Definitions

Quarry. A place where rock, ore, stone and similar mineral materials are excavated and processed for sale or off-site use.

19.06.180 - "R" Definitions

Ramp. (1) A sloping walkway, roadway or passage used to join and provide a smooth transition between two levels of different elevations; (2) driveways leading to parking aisles.

Reclamation. The combined process of land treatment that minimizes water degradation, air pollution, and damage to wildlife habitat, flooding, and erosion caused by either surface mining operations or adverse surface effects incidental to underground mines. Mined lands are reclaimed to a usable condition when they are readily adaptable for alternate land uses and create no danger to public health or safety. The

process may extend to affected lands surrounding mined lands, and may require backfilling, grading, resoiling, revegetation, soil compaction, stabilization or other measures (Public Resources Code Section 2733).

Recreation, Active. Leisure-time activities, usually of a formal nature and often performed with others, requiring equipment and taking place at prescribed places, sites or fields.

Recreation, Commercial. See Commercial Recreation Facility.

Recreation, Passive. Activities that involve relatively inactive or less energetic activities, such as walking, sitting, picnicking, card games, chess, checkers and other table games.

Recreational Vehicle. A vehicle which is either:

A.

A motor home, travel trailer, truck camper or camping trailer, with or without motive power, designed for human habitation for recreational, emergency or other occupancy, that meets all of the following criteria:

1.

It contains less than 320 square feet of internal living room area, excluding built-in equipment, including but not limited to wardrobe, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms.

2.

It contains 400 square feet or less of gross area measured at maximum horizontal projection.

3.

It is built on a single chassis.

4.

It is self-propelled, truck-mounted or permanently towable on the highways without a permit.

B.

A park trailer, as defined in California Health and Safety Code Section 18009.3.

Recreational Vehicle Park. See Special Occupancy Park.

Recyclable Material. Reusable material, including but not limited to metals, glass, plastic, paper and wood, intended for reuse, remanufacture or reconstitution for the purpose of being used in an altered form. Recyclable material does not include hazardous or potentially hazardous material as may be defined by the County of San Bernardino Division of Environmental Health Services, California Department of Toxic Substances Control and/or U.S. Environmental Protection Agency. Recyclable materials may include used motor oil.

Recycling Center/Recycling Collection Facility. A facility for the acceptance, by donation, redemption or purchase, of recyclable materials from the public. Collection facilities may include the following:

A.

Reverse vending machine(s).

B.

A small recycling collections facility, occupying a maximum area of 500 square feet which may include:

1.

A mobile unit

2.

Bulk reverse vending machines(s)

3.

Kiosk-type units

4.

Unattended containers placed for donation of recyclable materials

C.

Large collection recycling facility. A recycling facility occupying an area of more than 500 square feet, with or without permanent buildings.

Recycling Processing Facility. A facility for the collection and processing of recyclable material. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing.

Regulatory Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 1 foot.

Rehabilitation Facilities. A residential facility which provides 24-hour, nonmedical services to adults. Rehabilitation facilities include nonmedical alcoholism or drug abuse recovery, treatment or detoxification services to adults.

Remedy a Violation. As used in Chapter 19.62 (Flood Management Regulations), to bring the structure or other development into compliance with state or local floodplain management regulations, or, if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of Chapter 19.62 or otherwise deterring future similar violations, or reducing state or federal financial exposure with regard to the structure or other development.

Residential. Any area zoned exclusively as residential in Title 19 of this Code, including without limitation RL, RS, RE, RM, R-HD, and OSR zoning districts and all categories included therein and specific plan areas.

Residential Care Facility. Residential care facilities include intermediate health care facilities, residential care facilities for the elderly, alcoholism recovery facilities, facilities for the mentally disordered and facilities for dependent and neglected children. A residential care facility is a facility that is maintained and operated to provide nonmedical and intermediate health residential care, day treatment and/or adult day care. These facilities may operate 24 hours per day. See also Community Care Facility.

Resorts, Group Quarters, Group Camp. Any facility, place or building for the purpose of recreational activities, which may include overnight accommodations or camp areas.

Restaurant. An establishment where food and drink are prepared and served.

Restaurant, Full Service. A restaurant that includes the sale of beer and/or wine (for restaurants selling other alcoholic beverages, see Bar).

Rest Home. A facility for the housing and care of the aged and infirmed, including convalescent care not involving a physician or nurse residing on the premises and where no surgery, physical therapy or other similar activities are involved.

Retail Sales. Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.

Reverse Vending Machine. An automated mechanical device which accepts one or more types of empty beverage containers and issues a cash refund or other type of redemption bonus. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine.

Review Authority. The agency, board, group or legally designated individual that reviews development applications and makes recommendations to the approval authority.

Rezoning. (1) An amendment to the map and/or text of a zoning ordinance to effect a change in the nature, density, intensity or regulation of uses allowed on a designated parcel or land area; (2) an amendment to procedures regarding implementation of zoning regulations.

Right-of-Way. See Public Right-of-Way.

Riparian Lands. Riparian lands are composed of the vegetative and wildlife area adjacent to perennial and intermittent streams. Riparian areas are delineated by the existence of plant species normally found near fresh water.

Riverine. Relating to, formed by or resembling a river (including tributaries), stream, brook, etc.

Roaming Sidewalk Vendor. A sidewalk vendor who moves from place-to-place and stops only to complete a transaction.

19.06.190 - "S" Definitions

Satellite Dish. Any apparatus or device designed for the purpose of receiving satellite transmissions.

School. Any institution of learning for public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the California Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school or any special institution of education.

School, Commercial. Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge or art form for commercial purposes.

School, Private. Any building or group of buildings the use of which meets state requirements for elementary, secondary or higher education and which use does not secure the major part of its funding from any governmental agency.

School, Secondary. Any school licensed by the state, authorized to award diplomas for secondary education.

School District. A district that serves as a unit for state financing and administration of elementary and secondary schools.

Scrap Metal Processing Facility. An establishment maintained, used or operated solely for the processing and preparing of scrap metals for remelting.

Screening. A method of visually shielding or obscuring a structure or use from another by fencing, walls, berms or densely planted vegetation.

Second Dwelling Unit. A self-contained living unit, either attached to or detached from, and in addition to, the primary residential unit on a lot.

Security Quarters. A dwelling unit, commercial coach or travel trailer utilized to provide temporary quarters to security personnel hired to guard part or all of the property on which the security quarters are located.

Senior Center. An assembly building intended to provide nonresidential services for senior citizens.

Senior Citizen. Any retired person over the age of 55 or any person over the age of 62 years.

Setback, Building. The required distance between the building and any lot line.

Setback, Rear. That portion of a parcel opposite the front setback.

Setback, Streetside. That portion of a parcel adjacent to a public right-of-way, exclusive of rear or side yards for residential properties in which the rear yard is both adjacent to a public right-of-way.

Setback Line. The line that establishes the area of the property within which structures or other designated uses may be erected or placed.

Shall. For the purposes of this Code, the word "shall" is used to indicate a requirement or standard that is mandatory.

Sheet Flow Area. See Area of Shallow Flooding.

Should. For the purposes of this Development Code, the word "should" is used to indicate the preferred option.

Sidewalk. That portion of a highway, other than the roadway, set apart by curbs, barriers, markings or other delineation for pedestrian travel.

Sidewalk/Parking Lot Sale. An outdoor promotional sales event conducted by one or more businesses.

Sidewalk Vending Receptacle. A pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or non-motorized conveyance used for sidewalk vending activities.

Sidewalk Vendor. A person who sells food or merchandise from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path.

Sidewalk Vendor Activities; Sidewalk Vending; Sidewalk Vending Activities. Actions that qualify a person as a sidewalk vendor or actions done in anticipation of becoming a sidewalk vendor such as, but not limited to, installation, placement, or maintenance of any sidewalk vendor receptacles.

Sign. See Section 19.88.020 (Definitions).

Similar Use. A use that has the same characteristics as the specifically cited uses in terms of the following: trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs and clientele.

Single-Family. See Dwelling, Single-Family Detached.

Site. A parcel of land or contiguous parcels where land alterations or activities, including grading, clearing or construction, are performed or proposed.

Site Plan. The development plan for one or more lots on which is shown the existing and proposed condition of the lot, including any information that may be required for an informed decision to be made by the approval authority.

Site Plan Review. The Site Plan Review process is intended to examine proposed development to ensure a high standard of quality for buildings, landscaping, parking and general site design. Such review enables the City to maintain stability in property values and prevent deterioration of property and aesthetics throughout the community. The Site Plan Review process is more fully described in Chapter 19.36.

Slope. The land gradient described as the vertical rise divided by the horizontal run, and expressed in terms of percentage.

Slope percentage = Rise x 100 = % Run

Slope Ratio = Run = (x) ft. run to 1 ft. rise = x: 1 Rise

Soliciting. The act of asking or inviting persons to pay money in return for merchandise or services to be delivered in the future, or asking for charitable donations.

Soliciting Activities. Actions that qualify a person as a solicitor.

Solicitor. A person who goes from house to house, from business to business, or otherwise from place to place, within the City, without prior invitation, appointment or consent, and takes, or attempts to take, orders for the sale of services or merchandise for future performance or delivery.

Special Event. Any temporary permitted event approved by the City.

Special Flood Hazard Area (SFHA). An area having special flood risk, shown on an FHBM or FIRM as Zone A, AO or AE.

Special Occupancy Park. Any area or tract of land where one or more lots are rented or leased for short periods of times to owners or users of recreational vehicles.

Specific Plan. A plan for the long-range development of properties, consistent with the local general plan, regulating such things as uses permitted, density allowances, and distribution of uses and services, and including a program for the implementation of the plan.

Stable. A building designed for the housing or shelter of horses.

Staff. The staff of the various departments or divisions of the City of Twentynine Palms.

Standard. (1) A rule or measure establishing a level of quality or quantity that must be complied with or satisfied; (2) requirements of this Code regarding building and development specifications such as minimum lot area, height limit, frontage, landscaping and floor area ratio.

Start of Construction. Substantial improvement and other proposed new development and means the date the Building Permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

Stationary Sidewalk Vendor. A sidewalk vendor who vends from a fixed location.

Story. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a usable or unused under-floor space is more than 6 feet above grade, as defined herein, for more than 50 percent of the total perimeter or is more than 12 feet above grade at any point, such usable or unused under-floor space shall be considered a story.

Story, First. The lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than 4 feet below grade for more than 50 percent of the total perimeter, or not more than 8 feet below grade at any point.

Street. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

Street Improvement Impact Fee. A fee that may be paid in lieu of requiring the construction of the street improvements required by Chapter 19.90 (Dedications and Improvements), at the discretion of the City Engineer, in connection with the issuance of a development permit for new construction.

Street Improvements. Any or all concrete curbs, gutters, sidewalks, driveway approaches and drainage structures; asphalt curbs; asphalt paving; connecting pavement; and related improvements such as backfilling and preparation of the road surface to rough grade, and the placement of paving.

Street, Private. A street that has not been accepted by the City or other governmental entity.

Structure. A walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home.

Subdivision. The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, as defined in Section 66424 of the Subdivision Map Act.

Substandard Housing Unit. A dwelling unit which is either dilapidated or unsafe or does not have adequate plumbing or heating facilities, thus endangering the health or safety of the occupant.

Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

Substantial Improvement. Any reconstruction, rehabilitation, addition or other proposed new development of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

A.

Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local Code Enforcement Official and which are the minimum necessary to ensure safe living conditions, or

B.

Any alteration of a historic structure, provided that the alteration will not preclude the structure's continued designation as a historic structure.

Supportive Housing. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the

housing, improving his/her health status, and maximizing his/her ability to live and, when possible, work in the community.

Surface Mining Operations. All, or any part of, the process involved in the mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incidental to an underground mine. Surface mining operations shall include, but are not limited to:

A.

In place distillation, retorting or leaching

B.

Production and disposal of mining waste

C.

Prospecting and exploratory activities (Public Resources Code Section 2735)

D.

The creation of borrow pits, streambed skimming, segregation and stockpiling of mined materials, and recovery of same (14 California Code of Regulations, Section 3501)

Swap Meet. A location operated in accordance with Article 6 (commencing with Section 21660) of Chapter 9 of Division 8 of the Business and Professions Code, and any regulations adopted pursuant to that Chapter, or any successor chapter, including any indoor or outdoor place, location, or activity where new or used goods are offered for sale or exchange to the general public by a multitude of vendors, usually in compartmentalized spaces. The term swap meet is interchangeable with and applicable to flea markets, auctions, open air markets or other similar activities, but the term does not include a supermarket, department store or typical retail operations.

Swim Club. A public or private organization encouraging and supporting aquatic sports or performances.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

Target Population. Persons with low incomes who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people.

Temporary Structure. A structure without a foundation which is capable of being moved.

Temporary Use. A use established for a limited duration.

Tennis Club. A public or private organization encouraging and supporting the participation in the game of tennis.

Tentative Map. A map made for the purpose of showing the design improvements of the proposed subdivision and the existing conditions in or around it.

Terminal. (1) A place where transfer between modes of transportation takes place; (2) a terminating point where goods are transferred from a truck to a storage area or to another form of transportation.

Terrace. A level, landscaped and/or surfaced area, also referred to as a patio, directly adjacent to a primary building at or within 3 feet of finished grade and not covered by a permanent roof.

Tot Lot. An improved and equipped play area for small children usually up to elementary school age.

Townhouse; Townhome. See Dwelling, Townhouse.

Toxic Substances. Any combination of contaminants, including disease-carrying agents, that, after discharge and upon exposure, ingestion, inhalation or assimilation into any organism, can cause death or disease, mutations, deformities or malfunctions in such organisms, or their offspring, and that adversely affect the environment.

Tract Map. A map showing a subdivision of five or more parcels for which a tentative and final map are required by the Subdivision Map Act, prepared in accordance with the provisions of the Subdivision Map Act, and designed to be filed for recordation in the Office of the County Recorder.

Transient Seller. A person who sells seasonal goods or merchandise from a fixed location in the City and who, in furtherance of such purpose, hires, leases, uses or occupies any building structure, room, apartment, lot, or parking lot, in the City, for the exhibition and sale of such goods and merchandise, and who does not remain at the same location for a period in excess of 90 days. Examples of seasonal goods or merchandise include Christmas trees, pumpkins, other holiday merchandise, firewood, and farm products.

Transient Selling Activities. Actions that qualify a person as a transient seller.

Transit. The conveyance of persons or goods from one place to another by means of a public transportation system.

Transitional Housing. Buildings configured as rental housing developments, but operated under program requirements that require the termination of assistance and recirculating of the assisted unit to another eligible program recipient at a predetermined future point in time that shall be no less than six months from the beginning of the assistance.

Transportation Demand Management Plan. (1) A system of actions and timetables to alleviate traffic problems through improved management of vehicle trip demand; (2) strategies aimed at reducing the number of vehicle trips, shortening trip lengths and changing the timing of trips out of peak hours.

Truck Terminal. An area and building where trucks load and unload cargo and freight and where the cargo and freight may be aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.

(Ord. No. 292, § 4(Exh. A), 3-10-2020)

Use. The purpose or activity for which land or buildings are designed, arranged or intended or for which land or buildings are occupied or maintained.

Use, Primary. The principal or predominant use of any lot or parcel.

Utility. An agency that provides electricity, gas, communications, transportation, water, sewage collection or other similar service deemed necessary for the public health, safety and welfare.

Utility Facility, Major. Facilities owned or leased and operated by public, quasi-public and private utility providers including stations, substations, pumping stations, sewage and lift stations, and water storage tanks or reservoirs of 100,000 gallons or more.

Utility Facility, Minor. Facilities owned or leased and operated by public, quasi-public and private utility providers, including transmission lines, pipelines, vaults and pressure control stations, and water storage tanks under 100,000 gallons.

Utility Services. The generation, transmission and/or distribution of electricity, gas, communications and water; the collection and treatment of sewage and solid waste; and the provision of mass transportation.

19.06.220 - "V" Definitions

Variance. A grant of relief from the requirements of this Code which permits construction in a manner that would otherwise be prohibited by this Code.

Vehicle Body Repair, Paint or Restoration. A commercial use often referred to as a body and fender shop through which damaged or wrecked vehicles are repaired or restored.

Vehicle Dismantling. See Vehicle Wrecking.

Vehicle Leasing and Rental. A business whose primary purpose is to provide vehicles to serve customer transportation needs. Such vehicles may include automobiles, trucks, bicycles, motorcycles, trailers and/or recreational vehicles.

Vehicle Repair. See Automotive Repair, Major or Automotive Repair, Minor.

Vehicle Sales. A facility for the display and sale of new or used automobiles, light trucks, vans, trailers or recreation vehicles and including any vehicle preparation or repair work conducted as an accessory use in designated buildings.

Vehicle Storage Lot. A parcel or parcels of land utilized for long-term or short-term vehicle storage, including cars, motorcycles, trucks, light trucks and/or recreational vehicles.

Vehicle Wrecking. The dismantling and parting out of motor vehicles or trailers, or the storage and/or sale of dismantled or wrecked motor vehicles or their parts.

Vesting Tentative Map. A tentative map which shall have printed conspicuously on its face the words "vesting tentative map" at the time it is filed. Consistent with Sections 66498.1(b) and 66474.2(a) of the Subdivision Map Act, approval of a vesting tentative map confers a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the time the vesting tentative map application is complete.

Veterinary Clinic. A place where animals are given medical care and where the boarding of animals is limited to short-term care incidental to the medical care.

Violations. The failure of a structure or other development to be fully compliant with this Code. As used in Chapter 19.62, the failure of a structure or other development without the elevation certificate, other certifications or other evidence of compliance required in this Code is presumed to be in violation until such time as that documentation is provided.

Wall. (1) The vertical exterior surface of a building; (2) vertical interior surfaces that divide a building's space into rooms; (3) fences made of block or stucco, or similar permanent material.

Warehouse. A building used primarily for the storage of goods and materials.

Watercourse. A lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

Water Surface Elevation. The height, in relation to the National Geodetic Vertical Datum of 1929 (or other datum, where specified) of floods of various magnitudes and frequencies in the floodplains or riverine areas.

Wheel Stops. Permanent devices that block the front wheels of a vehicle in a parking stall.

Wireless Telecommunications Facility. A land use that sends and/or receives radio frequency signals, including antennas, microwave dishes or horns, structures or towers to support receiving and/or transmitting devices, accessory development and structures. For the purposes of this Code, wireless telecommunication facilities shall refer to the non-broadcast services identified in the rules and regulations promulgated pursuant to the Federal Telecommunication Act of 1996 as amended. Non-broadcast services require special equipment for transmissions and/or reception and serve specific users. Such services include commercial wireless CRS (Cellular Radiotelephone Services), ESMR (Enhanced Specialized Mobile Radio Service), PCS (Personal Communication Services), fixed-point microwave and satellite services, private land mobile radio services, public safety radio systems and amateur users. Commercial radio and television systems are considered "broadcast services" and shall not be included in this definition.

Yard. The open space between a lot line and the required building setback line within which no structure shall be located except as otherwise provided in this Code.

Yard, Front. That portion of a parcel adjacent to a public right-of-way. In the event of multiple adjacent rights-of-way in residential land use districts (RS, RL, RM, OSR), the front shall be that portion of the lot adjacent to the lowest classification of roadway as established in the General Plan Circulation Element. For all other land use districts, the front of a lot with multiple adjacent rights-of-way shall be that portion of the lot adjacent to the highest classification of roadway as established in the General Plan Circulation Element (unless otherwise established by the General Plan). In the event that more than one adjacent right-of-way are of the same classification, building orientation shall determine the front yard in all land use districts.

Yard, Rear. That portion of a lot opposite the front yard as defined herein.

Yard, Side. That portion of a lot adjacent to a property line that is not a front or rear yard as defined herein.

Yard, Streetside. A side yard adjacent to a public right-of-way.

Youth Group. Any organization whose purpose is to provide services for children under 17 years of age.

19.06.260 - "Z" Definitions

Zero Lot Line. The location of a structure on a lot in such a manner that one or more of the structure's sides rest directly on or abut a lot line.

Zones AE or A1-30. Areas subject to inundation by the 1 percent annual chance flood event determined by detailed methods. Base flood elevations are shown. Mandatory flood insurance purchase requirements and floodplain management standards apply.

Zoning. The delineation of districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

Zoning District. A designated section of the City for which prescribed land use requirements and building and development standards are uniform. See also Land Use District.

Zoning Map. The map or maps that are a part of a zoning ordinance that delineate the boundaries of zone districts.

Zoning, Exclusionary. Development regulations that result in the exclusion of low- and moderate-income families from a community.

Zoning, Inclusionary. Regulations that provide the opportunity to construct more affordable, diverse and economical housing to meet the needs of low- and moderate-income families.

19.06.270 - Undefined Terms

For any term not defined in this Chapter, or for any term used as part of a definition that is not defined elsewhere in this Chapter, the applicable dictionary definition of the term shall apply.

Article 2: - Land Use/Zoning Districts Chapter 19.08 - Rural Living District (RL)[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.08, §§ 19.08.010—19.08.040, and enacted a new Ch. 19.08 as set out herein. The former Ch. 19.08 pertained to similar subject matter and derived from original codification.

The purpose of this Chapter is to describe the character and intent of the Rural Living Land Use District, identify allowed uses and establish development standards for the district.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

The intent of this district is to regulate residential development of large residential parcels. The district is primarily intended for quiet and spacious single-family residential use with some areas of compatible institutional uses. Because of the rural setting, more relaxed development standards may apply. The Rural Living Land Use District includes the following categories:

A.

RL-1, which requires a minimum lot size of 1 acre.

B.

RL-2.5, which requires a minimum lot size of 2.5 acres.

C.

RL-5, which requires a minimum lot size of 5 acres.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the Rural Living Land Use District are listed in Table 19.08.030-1 (Allowed Land Uses and Permit Requirements). The table lists all permissible uses and use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.08.030-1

Allowed Land Uses and Permit Requirements

RESIDENTIAL USES AND CARE FACILITIES

• = Prohibited Use

P = Permitted Use

AUP = Administrative Use Permit

CUP = Conditional Use Permit

Notes:

1If not reviewed as part of a subdivision application.

3For those uses which do not require large amounts of water, to be determined in consultation with the water district.

4All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

All new land uses and structures or alterations to existing land uses and/or structures in the Rural Living Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.08.040-1 (Development Standards).

Table 19.08.040-1 Development Standards

1Shall only apply to new subdivision applications received after July 1, 2016.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.10 - Single-Family Residential District (RS)[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.10, §§ 19.10.010—19.10.040, and enacted a new Ch. 19.10 as set out herein. The former Ch.19.10 pertained to similar subject matter and derived from original codification.

The purpose of this Chapter is to describe the character and intent of the Single-Family Residential Land Use District, identify allowed uses and establish development standards for the district.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

The intent of this district is to regulate residential development in the single-family land use district of the City. The district is intended to create, preserve and enhance neighborhoods in a quiet neighborhood setting where permanent, one-household, residential uses are predominant. The detached dwellings and yards of single-family residential district areas allow for maximum privacy, where desired, and opportunities for outdoor living and activities. The Single-Family Residential Land Use District includes the following categories:

A.

RS-4, which allows a maximum of 4 units per acre.

B.

RS-3, which allows a maximum of 3 units per acre.

C.

RS-2, which allows a maximum of 2 units per acre.

D.

RS-1, which allows a maximum of 1 unit per acre.

E.

RS-E, which allows a maximum of 1 unit per 2.5 acres.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the Single-Family Residential Land Use District are listed in Table 19.10.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in

Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.10.030-1

Allowed Land Uses and Permit Requirements

• = Prohibited Use

P = Permitted Use

AUP = Administrative Use Permit

CUP = Conditional Use Permit

Notes:

1If not reviewed as part of a subdivision application.

2Resorts, group quarters, and resort camps may only be permitted on parcels of 5 acres or more.

3For those uses which do not require large amounts of water, to be determined in consultation with the water district.

4All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

All new land uses and structures or alterations to existing land uses and/or structures in the Single-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.10.040-1 (Development Standards).

Table 19.10.040-1

Development Standards

1 Shall only apply to new subdivision applications received after July 1, 2016.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.12 - Multi-Family Residential District (RM)[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.12, §§ 19.12.010—19.12.040, and enacted a new Ch. 19.12 as set out herein. The former Ch. 19.12 pertained to similar subject matter and derived from original codification.

The purpose of this Chapter is to describe the character and intent of the Multi-Family Residential Land Use District, identify allowed uses and establish development standards for the district.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

This district is intended to create, preserve and enhance neighborhoods where two or more dwelling units on the same lot are predominant. The district provides an additional range of housing types to meet the varying needs of different individuals and families in the City. The densities allowed in the Multi-Family Residential Land Use District may either be part of a predominantly one-family neighborhood or an independent neighborhood, normally close to public and private transportation facilities and commercial districts or other employment and service areas.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the Multi-Family Residential Land Use District are listed in Table 19.12.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in

Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.12.030-1

Allowed Land Uses and Permit Requirements

OTHER

TEMPORARY AND INTERIM USES (See Chapter 19.34, Temporary Use Permit and Standards)

ACCESSORY USES (See Chapter 19.70, Accessory Uses and Structures)

• = Prohibited Use

P = Permitted

AUP = Administrative Use Permit

CUP = Conditional Use Permit

SPR = Site Plan Review

Notes:

1If not reviewed as part of a subdivision application.

2All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

19.12.040 - Development Standards

All new land uses and structures or alterations to existing land uses and/or structures in the Multi-Family Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.12.040-1 (Development Standards).

Table 19.12.040-1

Development Standards

1Shall only apply to new subdivision applications or development project applications received after July 1, 2016.

2Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.14 - High Density Residential District (R-HD)[[4]]

Footnotes:

--- ( 4 ) ---

Editor's note— Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.14, §§ 19.14.010—19.14.040, and enacted a new Ch. 19.14 as set out herein. The former Ch. 19.14 pertained to similar subject matter and derived from original codification.

The purpose of this Chapter is to describe the character and intent of the High Density Residential Land Use District, identify allowed uses, establish development standards for the District and satisfy the

requirements of the adopted Housing Element.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

The intent of this district is to provide for higher-intensity housing opportunities, especially apartment complexes and senior housing intended to accommodate affordable housing. The district allows an additional range of housing types to meet the varying needs of different individuals and families in the City. The higher-density residential area is generally close to public and private transportation facilities and commercial districts or other employment and service areas.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the High Density Residential Land Use District are listed in Table 19.14.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.14.030-1

Allowed Land Uses and Permit Requirements

• = Prohibited Use

P = Permitted

AUP = Administrative Use Permit

CUP = Conditional Use Permit

VHRP = Vacation Home Rental Permit

Notes:

1Maximum of one unit, must be on an existing lot.

2Multifamily residential development is allowed by right as a use, subject to CEQA review (when the project is otherwise not exempt). CEQA review is of other aspects of the project besides the use.

3If not reviewed as part of a subdivision application.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

All new land uses and structures or alterations to existing land uses and/or structures in the High Density Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.14.040-1 (Development Standards).

Table 19.14.040-1

Development Standards

1Shall only apply to new subdivision applications or development project applications received after April 24, 2015.[2] Does not apply to SRO units in accordance with Chapter 19.136 (Single-Room Occupancy Facilities).

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.16 - Commercial Districts (CO, CG, CN and CT)[[5]]

Footnotes:

--- ( 5 ) ---

Editor's note— Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.16, §§ 19.16.010—19.16.040, and enacted a new Ch. 19.16 as set out herein. The former Ch. 19.16 pertained to

similar subject matter and derived from Ord. No. 281, adopted Nov. 14, 2017.

The purpose of this Chapter is to describe the character and intent of the commercial land use districts, identify allowed uses and establish development standards for the districts. The commercial land use districts are Office Commercial (CO), General Commercial (CG), Neighborhood Commercial (CN) and Tourist Commercial (CT).

The Service Commercial (CS) district is included in Chapter 19.18 with the Community Industrial (IC) district because of the nature of services and uses allowed in the district.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

A.

Office Commercial (CO). The CO district allows for single- and multi-tenant offices, including legal, design, engineering, medical, real estate and government services. Ancillary commercial uses to support these services may be permitted, including cafes, copying services and newsstands. The CO district permits limited residential uses as means of providing opportunities for mixed-use developments.

B.

General Commercial (CG). The CG land use serves as the City's primary commercial designation, allowing a broad range of commercial, retail, professional office and service-oriented businesses, including supermarkets, restaurants, hotels/motels and specialty retail stores.

C.

Neighborhood Commercial (CN). The CN land use allows limited commercial uses, typically goods and services housed in relatively small commercial centers that serve residents of the neighboring community. Typical uses include beauty salons, coffee shops and dry cleaners. Uses within this district are required to be compatible with their surrounding residential district(s).

D.

Tourist Commercial (CT). The CT land use allows tourism-oriented uses, such as resorts, RV parks, golf courses, restaurants, gift shops, art galleries, hotels/motels and entertainment facilities, primarily intended to serve visitors of the Joshua Tree National Park and the Marine Corps Base.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the commercial land use districts are provided in Table 19.16.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28

through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.16.030-1

Allowed Land Uses and Permit Requirements

SERVICES

Special Occupancy Parks)

• = Prohibited

P = Permitted

AUP = Administrative Use Permit

CUP = Conditional Use Permit

Notes:

3May include outdoor nursery/plant sales up to 25% of building area. For nursery as a primary use, see Agricultural and Related Uses.

4CUP required when not accessory to a primary retail store use.

5CUP required when not accessory to a primary use.

6Up to two taxi cabs may be parked at any one time at the taxi dispatch office, and must be in operable order. Only those companies licensed by the Morongo Basin Transit Authority (MBTA) may operate a Taxi Dispatch Service. The establishment of a Taxi Stand at a Dispatch Service location is allowed, but may not cause a decrease in the established parking lot to cause a deficiency. Accessory structures for shading and shelter may be constructed, but must be requested at the time of the review of the Administrative Use Permit. No maintenance of Taxis are allowed at Taxi Dispatch Service locations.

7Taxi Stands may only be placed within an established off-street parking lot and with the permission of the property owner in an established location. Up to two taxi cabs may be parked at any one time at the taxi stand, and must be in operable order. Only those companies licensed by the Morongo Basin Transit Authority (MBTA) may operate a Taxi Stand. The establishment of such Taxi Stands may not cause a decrease in the established parking lot to cause a deficiency. Accessory structures for shading and shelter may be constructed, but must be requested at the time of the review of the Administrative Use Permit. No maintenance of Taxis are allowed at Taxi Stands.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

All new land uses and structures or alterations to existing land uses and/or structures in the commercial land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.16.040-1 (Development Standards).

Table 19.16.040-1

Development Standards

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.18 - Service Commercial (CS) and Community Industrial (IC) Districts[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.18, §§ 19.18.010—19.18.040, and enacted a new Ch. 19.18 as set out herein. The former Ch. 19.18 pertained to similar subject matter and derived from original codification.

19.18.010 - Purpose

The purpose of this Chapter is to describe the character and intent of the Service Commercial (CS) and Community Industrial (IC) land use districts, identify allowed uses and establish development standards for the districts. This Chapter includes the districts that accommodate manufacturing uses and which also allow for heavier commercial uses.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

A.

Service Commercial (CS). The intent of the Service Commercial District is to allow for heavier commercial uses and light manufacturing uses. The CS land use allows for more intensive commercial uses, such as wholesaling operations, auto and truck repair and service, lumberyards, machine shops, light manufacturing and recycling centers. The areas in this district shall be completely separated or shielded from other incompatible land uses. High-quality design standards are encouraged to mitigate aesthetic impacts.

B.

Community Industrial (IC). The intent of the Community Industrial district is to accommodate existing industrial uses and allow for new industrial uses. Commercial uses may also be permitted as a means of enhancing and augmenting industrial development. The IC land use allows industrial and limited commercial uses and serves as the City's only industrial designation. The IC designation allows uses such as mining operations, auto dismantling and contractor's storage yards.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the CS and IC land use districts are provided in Table 19.18.0301 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.18.030-1

Allowed Land Uses and Permit Requirements

MINING AND RELA TED ACTIVITIES

• = Prohibited

P = Permitted

AUP = Administrative Use Permit

CUP = Conditional Use Permit

AOBP = Adult Oriented Business Permit

Notes:

1May include outdoor nursery/plant sales up to 25% of building area. For nursery as a primary use, see Agricultural and Related Uses.

2 No outdoor display is permitted.

3For those uses which do not require large amounts of water, to be determined in consultation with the water district.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

All new land uses and structures or alterations to existing land uses and/or structures in the CS and IC land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.18.040-1 (Development Standards).

Table 19.18.040-1 Development Standards

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.20 - Open Space Residential District (OSR)[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.20, §§ 19.20.010—19.20.040, and enacted a new Ch. 19.20 as set out herein. The former Ch. 19.20 pertained to similar subject matter and derived from original codification.

The purpose of this Chapter is to describe the character and intent of the Open Space Residential Land Use District, identify allowed uses and establish development standards for the district.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

This district is intended for properties which have limited development and limited development potential. Open Space Residential-designated lands include publicly owned lands, BLM land, mountainous territory with scenic value, or other prominent land forms. The intent of this designation is to allow development of single-family dwellings, with minimal disruption of the land. Public uses are to be focused on the natural

qualities of the area, keeping as much open space as reasonably possible. The Open Space Residential Land Use District includes the following categories:

A.

OSR, which allows a maximum of 1 dwelling unit per 10 acres.

B.

OSR-40, which allows a maximum of 1 dwelling unit per 40 acres.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the Open Space Residential Land Use District are listed in Table 19.20.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.20.030-1

Allowed Land Uses and Permit Requirements

• = Prohibited Use

P = Permitted

AUP = Administrative Use Permit

CUP = Conditional Use Permit

Notes:[1] For those uses which do not require large amounts of water, to be determined in consultation with the water district.

2All institutional uses shall be located within 1,000 feet of an expressway, arterial street or collector street, and have an adequate, improved private drive.

3Limited to resources found in the district, only with the strictest controls that minimize land disruption.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

All new land uses and structures or alterations to existing land uses and/or structures in the Open Space Residential Land Use District shall be designed, constructed and established in compliance with the development standards in Table 19.20.040-1 (Development Standards).

Table 19.20.040-1

Development Standards

1Shall only apply to the new subdivision of property.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.22 - Public Land Use Districts (P and F)[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 310, § 4(Exh. A), adopted Sept. 26, 2023, repealed the former Ch. 19.22, §§ 19.22.010—19.22.040, and enacted a new Ch. 19.22 as set out herein. The former Ch. 19.22 pertained to similar subject matter and derived from original codification.

The purpose of this Chapter is to describe the character and intent of the Public Land Use District, identify allowed uses and establish development standards for the district. The Public Land Use District includes Public (P) and Floodway (F).

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

19.20.020 - Description and Intent of Land Uses

A.

Public (P). The intent of this district is for properties which have public uses such as City and county facilities and offices, parks, public golf courses, schools, school facilities, water district operations, etc.

B.

Floodway (F). The intent of this district is to serve as a means of identifying those properties in the City under ownership of the San Bernardino County Flood Control District and permitting flood control facilities and other drainage infrastructure, as deemed necessary by the Flood Control District, to protect the public safety of City residents.

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Allowed uses and permit requirements for the Public Land Use District are listed in Table 19.22.030-1 (Allowed Land Uses and Permit Requirements). The table lists all use-related permits for primary and accessory uses that are permanent in nature. Additional permit requirements are listed in Chapters 19.28 through 19.64 related to permits and procedures. Allowed temporary uses are listed in Chapter 19.34 (Temporary Use Permit and Standards). Allowed accessory uses are listed in Chapter 19.70 (Accessory Uses and Structures).

Table 19.22.030-1

Allowed Land Uses and Permit Requirements

• = Prohibited P = Permitted AUP = Administrative Use Permit CUP = Conditional Use Permit

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

19.22.040 - Development Standards

All new land uses and structures or alterations to existing land uses and/or structures in the Public (P) and Floodway (F) land use districts shall be designed, constructed and established in compliance with the development standards in Table 19.22.040-1 (Development Standards).

Table 19.22.040-1 Development Standards

(Ord. No. 310, § 4(Exh. A), 9-26-2023)

Chapter 19.26 - Overlay Districts

19.26.010 - General Provisions

A.

Intent and Applicability.

1.

Overlay districts may be established in order to recognize and map environmental constraints or amenities that should be taken into consideration when land development is being proposed. Overlay districts may be designated in conjunction with those land use/zoning districts that are affected by an environmental constraint or amenity; alternatively, overlay districts may be established to recognize and map land uses approved by the City that promote flexibility to land development while maintaining community goals and priorities.

2.

An overlay may be appropriate where special development standards are necessary in earthquake fault areas in order to protect the health, welfare and safety of the public. Therefore, when a residential land use/zoning district is proposed for an area that has active earthquake faults, an overlay district will be established to map the hazardous areas and to provide special development standards.

3.

An overlay district may be mapped over any land use/zoning district. The development standards used for a site shall be those set forth in the overlay district or the land use/zoning district, as specified in this Chapter.

4.

The procedure for using overlay districts shall be as provided by this Chapter and the Development Code.

5.

When appropriate, deviations from standards set forth in the overlay districts may be granted in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code, except as otherwise noted.

B.

Format.

1.

Overlay districts are divided into three groups:

a.

Preservation overlay districts are intended to preserve and protect valuable resources of land, natural land formations and land uses which have been identified by the City.

b.

Safety overlay districts are intended to identify natural or man-made conditions which are a potential threat to public health and safety and to formulate requirements to mitigate that threat.

c.

Development overlay districts are intended to provide flexible land development, while maintaining other community goals and priorities, by permitting the establishment of projects, including mobile home parks, in areas which have been identified by the City as providing compatible uses.

2.

Each overlay district section in this Chapter includes the following subsections: Intent and Purpose, Locational Requirements, Development Standards, Conflicting Provisions, and Special Requirements, if applicable. The Intent and Purpose and Locational Requirements subsections provide the necessary information for locating overlay districts in the City. The Development Standards subsection provides the necessary regulatory guidance for land use proposals that are within an overlay district in addition to those required by the applicable land use/zoning district, Development Code and/or other provisions of the Municipal Code. The Conflicting Provisions subsection specifies, in the event of conflicting development standards between the underlying land use/zoning district and the overly district, which standards apply. The Special Requirements subsection identifies additional requirements that may apply and are not covered under other subsections.

C.

Overlay Designations.

1.

When an overlay district is imposed upon a land use/zoning district, it shall be designated on the General Plan Land Use Map.

2.

The General Plan Land Use Map may include notations regarding preservation or safety conditions, in addition to areas for mobile home parks or planned developments.

3.

The following designations may appear on the General Plan Land Use Map:

a.

Preservation Overlays

i.

Preservation - Biological Habitat Overlay District (PR-BH)

ii.

Preservation - Scenic Vistas or Scenic Highways Overlay District (PR-S)

b.

Safety Overlays

i.

Safety - Geological Overlay District (S-G)

c.

Development Overlays

i.

Mobile Home - Tourist Commercial District (MH-CT)

ii.

Planned Development Overlay District (PD)

D.

Overlay District Application. The regulations and development standards established by an overlay district shall be imposed in addition to those established by the underlying land use/zoning district and shall overlay all land use/zoning districts on all parcels or portions thereof which are encompassed or circumscribed by one or more overlay districts. The land use districts may augment and strengthen the standards and provisions specified by an overlay district.

E.

Uses Permitted. The uses permitted on a parcel which has an overlay district shall be those uses allowed by the primary land use/zoning district subject to the provisions of all applicable overlay districts as well as those of this Development Code. Where the regulations or standards established by an overlay district conflict with provisions of a primary land use/zoning district or other provisions of this Development Code, the regulations or standards as specified by this Chapter shall govern.

F.

Establishment and Change of an Overlay District. The provisions of each Section of this Chapter, in conjunction with the applicable Development Code provisions, shall provide the criteria for the establishment or change of the applicable overlay district. Each overlay district is an individual land use designation that is a separate and independent designation from the primary land use/zoning district and remains with the property irrespective of the underlying land use/zoning district unless specifically changed. A change in the primary underlying land use/zoning district does not change an overlay designation.

19.26.020 - Preservation—Biological Habitat Overlay District (PR-BH)

A.

Intent and Purpose. The intent and purpose of this overlay district is to establish development regulations to protect the natural beauty and biological resources of specific interest or concern in the City.

B.

Locational Requirements. The PR-BH Overlay may be applied to land areas which contain specified biological resources as determined by the City based upon the recommendation of a qualified biologist.

C.

Development Standards. Proposed developments having portions of areas within the overlay may credit this area for requirements related to landscaping. To preserve the open space resources and prevent destruction of the biological resource, the following restrictions shall apply:

1.

Grading shall be limited to that necessary for approved building foundations, parking and access driveways. A Grading Permit or Clearing Permit for grading or clearing of land in excess of this minimum shall not be issued unless specifically approved by the Planning Commission, at a noticed public hearing, with specific findings that the proposed permit will not degrade the integrity of the biological resources.

2.

Development shall be designed and located to avoid or minimize disturbance to the biological resources.

3.

Any natural resource identified within the PR-BH Overlay District shall be protected or impacts mitigated as a condition of any proposed project.

4.

Other standards may be applied as deemed necessary by the Planning Commission to preserve the resource pursuant to the recommendation of a qualified biologist.

5.

Any permit within the PR-BH Overlay District shall only be approved if the Approving Authority makes the following findings in addition to any findings that may otherwise be required:

a.

The project will not result in a significant adverse environmental impact on endangered species or sensitive habitats, plants or animals.

b.

The project design and physical improvements minimize disturbance to the specified biological resource.

c.

The project will not degrade the scenic and open space resources of the site or areas in the vicinity of the site.

D.

Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.

19.26.030 - Preservation - Scenic Vistas or Scenic Highways Overlay District (PR-S)

A.

Intent and Purpose. The intent of the PR-S Overlay is to provide development standards that will protect, preserve and enhance the aesthetic resources of a neighborhood or area. Design considerations shall be incorporated to allow development to coexist and not substantially interfere with the preservation of unique natural resources and roadside views of such natural resources. It is also the intent of the PR-S Overlay to implement state and federal programs and regulations regarding scenic highway routes.

B.

Locational Requirements.

1.

The PR-S Overlay may be applied to state, county and City-designated scenic highways as set forth in the City's General Plan.

2.

The PR-S Overlay District may be applied to areas with unique views of the City's desert areas or other aesthetic natural land formations.

3.

The PR-S Overlay District for scenic highways should apply to an area extending at least 200 feet on both sides of the ultimate road right-of-way. The area covered may vary to reflect the changing topography and vegetation along the right-of-way.

C.

Development Standards. When a land use is proposed within a PR-S Overlay District, the following criteria shall be used to evaluate the project:

1.

Building and Structure Placement. The building and structure placement is compatible with and does not detract from the visual setting or obstruct significant views.

2.

Setbacks/Design. Land development proposals shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of said development proposals

may also provide for maintenance of a natural open space parallel to the right-of-way. A setback shall be specified for the view from the road in any affected land use/zoning district. Deviations from established setbacks in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code shall only be approved if one or more of the following are found and justified as being true.

a.

Topographic or vegetative characteristics preclude such a setback.

b.

Topographic or vegetative characteristics provide adequate screening of buildings and parking areas from the right-of-way.

c.

Property dimensions preclude such a setback.

3.

Access Drives. Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-ofway access drives.

4.

Landscaping. The removal of native vegetation shall be minimized and replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

5.

Parking and Storage Areas. Parking and outside storage areas should be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic or recreational resource by existing topography, the placement of buildings and structures, or landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water. Outside storage areas associated with commercial activities should be completely screened from view of the right-of-way with screenwalls, landscaping and plantings compatible in the same manner noted above.

6.

Aboveground Utilities. Utilities should be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate aboveground construction and routing. Aboveground utilities should be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, aboveground utilities should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by existing topography, or by placement of buildings and structures.

7.

Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.

D.

Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.

A.

Intent and Purpose. The S-G Overlay is created to provide greater public safety by establishing review procedures and setbacks for areas that are subject to such potential geologic problems as ground shaking, earthquake faults, liquefaction and subsidence.

B.

Locational Requirements.

1.

The S-G Overlay shall apply to designated areas which are on or adjacent to active earthquake fault traces. The S-G Overlay shall implement the requirements of the Alquist-Priolo Special Studies Zones Act of 1972.

2.

The S-G Overlay District shall be designated in areas where landslides or subsidence are prevalent.

3.

The S-G Overlay District shall be designated in areas where liquefaction of the soil is associated with earthquake activity.

C.

Development Standards. When a land use is proposed within an S-G Overlay District, the following standards shall apply:

1.

Development of all structures used for human occupancy shall take place a minimum of 50 feet or farther from any active earthquake fault traces. Active fault traces are those delineated on the current Alquist-

Priolo Earthquake Fault Zone Maps or on maps in the City General Plan.

2.

Development of all structures used for critical facilities shall take place 150 feet or farther from any active earthquake fault trace as indicated in the City General Plan. Critical facilities shall include dams, reservoirs, fuel storage facilities, power plants, nuclear reactors, police and fire stations, schools, hospitals, rest homes, nursing homes and emergency communications facilities.

3.

The following conditions may apply to areas subject to periodic landslides, subsidence and soil liquefaction as may be indicated on applicable resource maps:

a.

Siting. All facilities and streets should be sited so as to minimize the erosion potential.

b.

Vegetation. Natural vegetation shall be retained and protected where possible. Where inadequate vegetation exists, additional landscaping shall be provided. Any additional landscaping shall be compatible with the local environment and capable of surviving with a minimum of maintenance and supplemental water.

c.

Exposure of Bare Land. When land is exposed during development, only the smallest practicable land portion, as an increment of a development project, shall be exposed at any one time; the duration of time that the exposure remains unprotected shall be the shortest practical time period and such exposure should be protected with temporary vegetation or mulching where practical.

d.

Runoff. The development should be designed to minimize water runoff. Provisions should be made to effectively accommodate any increased runoff.

e.

Special Measures. Measures shall be taken to offset the possible effects of landslides. A detailed geologic report identifying these measures shall be required prior to the issuance of building permits.

f.

All proposed facilities located within liquefaction and landslide hazard areas shall be constructed in a manner to minimize or eliminate subsidence damage.

D.

Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.

A.

Intent and Purpose. The intent and purpose of this overlay is to provide flexible land development, while maintaining other community goals and priorities, by permitting and regulating the establishment of mobile home parks in certain areas zoned Tourist Commercial.

B.

Locational Requirements.

1.

The MH-CT Overlay may be applied to areas zoned Tourist Commercial (CT), as determined by the City. Mobile home parks may operate in the MH-CT Overlay District after the granting of all necessary entitlements by, including but not limited to, the City and the California Department of Housing and Community Development (HCD).

2.

The MH-CT Overlay shall be depicted on the General Plan Land Use Map as currently shown or as may be amended. The MH-CT Overlay may also be separately depicted on an overlay map.

C.

Development Standards. To the extent permitted by law, MH-CT Overlay applicants must provide the City with proof of compliance with all development standards identified herein. The following standards shall apply to all mobile home parks established in an MH-CT Overlay District:

1.

The construction and development of mobile home parks shall comply with the following standards, regulations and conditions, where applicable:

a.

Conditions of approval imposed in accordance with any approved permit issued by the City.

b.

The Mobile Home Park Act, California Health and Safety Code Section 18200 et seq., the Mobile Home Residency Law, California Civil Code Section 798 et seq., and California Code of Regulations, Title 25, Division 1, Chapter 2, Housing and Community Development Mobile Home Park and Installations Regulations.

c.

The National Manufactured Housing Construction and Safety Standards Act of 1974 and relevant regulations in Title 24 of the Code of Federal Regulations.

d.

Requirements of state, county and local agencies including, but not limited to, County Division of Environmental Health Services, City Engineering, Office of the State Fire Marshal, Twentynine Palms Water District, and HCD.

e.

Chapter 19.124 (Mobile Home and Special Occupancy Parks) of the City's Development Code.

2.

Mobile home parks shall not exceed a density of 12 dwelling units per gross acre.

3.

Pursuant to Government Code Sections 65995, 65996 and 66000 et seq., and Education Code Sections 17620 through 17626, all owners of mobile home parks shall pay appropriate development and school impact fees at the time HCD inspects the installation of units at a mobile home park.

D.

Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the provisions of this overlay district shall apply. In the event any City-issued Conditional Use Permit or variance conflicts with these development standards, the provisions of the City-issued Conditional Use Permit or variance shall govern.

19.26.060 - Planned Development Overlay District (PD)

A.

Intent and Purpose. The Planned Development (PD) Overlay designates property where special consideration of the site and surroundings are necessary to allow creative development solutions that do not meet the allowed use regulations and/or development standards of the primary land use/zoning district. The PD Overlay is intended to allow modification of requirements established by other ordinances and diversification in the relationship of different uses, buildings, structures, lot sizes and open spaces, while ensuring compliance with and implementation of the General Plan.

B.

Locational Requirements. The PD Overlay may be applied to any area in the City that is a minimum of 1 acre in size.

C.

Development Standards. The development standards allowed in the PD Overlay District shall be consistent with the General Plan land use designation and description. The development standards may deviate from the development standards of the primary land use/zoning district where required findings for PD Overlay approval are made by the designated approving authority pursuant to Chapter 19.43 (Planned Development).

D.

Conflicting Provisions. In the event there is an inconsistency or conflict between an adopted PD Overlay and comparable provisions of this Title, the overlay district standards shall prevail.

E.

Special Requirements.

1.

Rezoning and Plan Approval Required. Any application to rezone property to the PD Overlay District shall also require the submittal of a Conditional Use Permit for a planned development application detailing site and building plans and uses as required in Chapter 19.43 (Planned Development). Chapter 19.43 establishes the process, procedures, findings, conditions and amendment provisions for planned development approval.

2.

Allowed Land Uses and Permit Requirements. The land uses allowed in the PD Overlay District shall be consistent with the General Plan land use designation and description. The allowed use may deviate from the allowed land use listing of the primary land use district where required findings for a planned development approval are made by the designated approving authority pursuant to Chapter 19.43 (Planned Development).

Article 3: - Administration, Permits and Procedures Chapter 19.28 - Approval Requirements and Common Procedures

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)

19.28.070 - Withdrawal of Application

A.

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

B.

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

C.

Incomplete Application. If additional information or submittals are required and the application is not made complete within 60 days of the completeness determination letter, the application may be deemed by the City to have been withdrawn, and no action will be taken on the application. The 60-day time period may be extended for an additional time period not to exceed one year at the discretion of the Director if the Director finds that special circumstances exist and that unusual hardship to the applicant would result from deeming the application withdrawn. 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:

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)

19.28.100 - Public Hearing and Public Notice

A.

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

B.

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

1.

Date, time and place of hearing.

2.

Identification of the reviewing or approving authority.

3.

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

4.

Project description.

5.

Identification of project proponents/applicants.

6.

CEQA determination statement.

7.

Statement related to appeals and challenges, if applicable.

8.

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

C.

Notice of Hearing—Delivery. Pursuant to California Government Code Sections 65090 to 65094, not less than 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)

19.28.130 - Permit Time Limits, Expiration and Extensions

A.

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

B.

Exercising Permits. The exercise of a permit occurs when the property owner has performed substantial work as determined by the Director and the Building Official and incurred substantial liabilities in 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.

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)

19.28.140 - Amendments to-Previously Approved Permits

A.

Applicability. Any person holding a permit granted under this Title may request an amendment to that permit. For the purpose of this Section, the amendment of a previously approved permit may include

modification of the terms of the permit itself, project design, or the waiver or alteration of conditions imposed in the granting of the permit.

B.

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

C.

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

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)

19.28.150 - Violations and Enforcement

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.

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)

19.28.180 - Indemnification and Hold Harmless for Discretionary Land Use

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:

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)

Chapter 19.29 - Fees and Deposits

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

Minor Exceptions

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)

19.29.040 - Application Deposits

A.

Application Deposit Required. After filing an application, an Owner or Owner's Authorized Agent shall be required to submit an Application Deposit, payable to the City by money order, personal or company check, credit card or cashier's check, which shall be delivered to and collected by the City within 10 days of receiving a request to make said Application Deposit. Said Application Deposit shall be utilized to reimburse the City for the actual costs incurred by the City (including but not limited to the cost of thirdparty 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)

Chapter 19.30 - Zoning Clearance

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.

Chapter 19.32 - Home Occupation Permit

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)

19.32.060 - Operating Standards/Conditions of Approval

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

A.

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

B.

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

C.

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

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 Cityissued 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)

Chapter 19.34 - Temporary Use Permit and Standards

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.

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)

19.34.030 - Application and Required Fees

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)

19.34.150 - Temporary Use Standards

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.

Chapter 19.35 - Film Permits

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)