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Title 19 — Development Code

§ 19.38

Twentynine Palms Zoning Code · 2026-06 edition · updated 2026-07-25 · Twentynine Palms

19.38.010 - Purpose

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

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

19.38.020 - Applicability

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

A.

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

B.

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

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

19.38.030 - Application and Required Fees

A.

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

B.

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

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

19.38.040 - Approving Authority

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

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

19.38.050 - Public Hearing and Notice

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

A.

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

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

19.38.060 - Conditions of Approval

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

A.

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

B.

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

C.

Requirements for street and other infrastructure improvements and related dedications.

D.

Regulation of vehicular ingress, egress, and traffic circulation.

E.

Regulation of hours of operation or other characteristics of operation.

F.

Requirements for increased security.

G.

Requirements for periodic review.

H.

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

I.

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

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

19.38.070 - Findings for Approval

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

A.

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

B.

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

C.

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

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

19.38.080 - Notice of Decision

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

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

Findings as listed for the permit.

D.

The deadlines, criteria and fees for filing an appeal.

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

19.38.090 - Effective Date

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

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

19.38.100 - Appeals

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

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

19.38.110 - Expiration

A.

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

B.

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

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

19.38.120 - Extension of Time

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

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

19.38.130 - Amendments

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

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

Chapter 19.40 - Similar Use Determination

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