§ 19.29

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