§ 19.28

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