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Title 19 — Development Code›Chapter 19.80 — Noise Control

§ 19.90

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

19.90.010 - Purpose

This Chapter establishes standards for street dedications and improvements required in accordance with the adopted General Plan Circulation Element. In addition, this Chapter identifies procedures for delaying or deferring the required street dedications and improvements and establishes a Development Impact Fee.

(Ord. No. 318, § 4(Exh. A), 5-28-2024)

19.90.020 - Applicability

The standards contained in this Chapter shall apply to the following:

A.

New Uses and Buildings. For all buildings erected and all uses of land established after the effective date of this Title, street dedications and improvements shall be provided as required by this Chapter.

B.

Existing or Modified Uses and Buildings. Upon construction of a structure or improvement which would result in an increase or change in vehicular and/or pedestrian traffic, street dedications and improvements shall be provided as required by the Chapter.

C.

Exceptions. The requirements of this Chapter for street dedications and/or improvements may be deferred or delayed in accordance with the procedures set forth in Section 19.90.070 (Street Dedications and Improvements—Delay or Deferral).

(Ord. No. 318, § 4(Exh. A), 5-28-2024)

19.90.030 - Review and Permit Requirements

A.

Requirements for street dedications and improvements shall be imposed during review of any permit for a ministerial or discretionary approval for development projects.

B.

Additional approvals may be required prior to commencement of work on street improvements, such as an encroachment permit.

(Ord. No. 318, § 4(Exh. A), 5-28-2024)

19.90.040 - Required Dedications and Improvements—General

A.

Before occupancy is granted for any building or improvement subject to the requirements of this Chapter, the Director shall determine the following:

1.

That all of the required dedications have been provided.

2.

That physical and legal access has been established.

a.

Physical access is a route which is traversable in a standard (2-wheel drive) sedan. Proof of physical access shall be determined by the Director.

b.

Legal access is:

i.

A dedicated right of way.

ii.

A dedication to the City of Twentynine Palms and to the public in general, an easement for public road, highway and public utility purposes of a width as established by the Circulation Element of the General Plan.

iii.

An existing traveled way that is substantially in compliance with City road standards, where a prescriptive right by the user has been established for the public use by court decree.

iv.

Private road easement.

c.

When all feasible efforts to establish legal access in accordance with subsection Alb of this section have been exhausted, the lot is an existing legally created parcel, and the property owner has physical access, the Director may waive the requirement for legal access on the condition that the property owner enters into an agreement in the form required by the City, which includes the property owners:

i.

Representation that the owner has the right to physical access.

ii.

Acknowledgement that proof of legal access has not been provided to the City's satisfaction.

iii.

Agreement to disclose to any subsequent owners that legal access has not been established to the satisfaction of the City. Notation of said agreement and conditions of waiver shall also be notated on the building permit.

3.

That all of the required street improvements have either been installed or that a cash deposit, surety bond or other form of surety acceptable to the City Council, in an amount equal to the estimated cost of the street improvements, has been posted with the City to ensure the installation of said street improvements.

B.

The following street improvements shall apply to expressways, arterials, secondarys and collector streets:

1.

Paving.

2.

Concrete curbs and gutters shall be installed.

3.

Sidewalks, per City standards, shall be installed.

(Ord. No. 318, § 4(Exh. A), 5-28-2024)

19.90.050 - Required Dedications and Improvements—Residential

A.

Property owners constructing a new single-family residence or any other attached or detached addition on the property shall be responsible for the dedication of additional right of way along all street frontages of the property.

B.

The following street improvement standards shall apply to local streets (see Article 2 for definitions of the land use districts), upon subdivision of the property or approval of a land use entitlement application:

1.

In the RL, RS- I, RS-E, and OSR land use districts:

a.

Paving.

b.

Asphalt berms may be installed in lieu of curb and gutter.

c.

Sidewalks shall not be required.

2.

In the RS-2 and RS-3 land use districts:

a.

Paving.

b.

Concrete curbs and gutters shall be installed.

c.

Sidewalks shall not be required.

3.

In the RS-4 and RM land use districts:

a.

Paving.

b.

Concrete curbs and gutters shall be installed.

c.

Sidewalks, per City standards, shall be installed.

In the R-HD land use district:

a.

Streets shall be paved.

b.

Concrete curbs and gutters shall be installed.

c.

Sidewalks, per City standards, shall be installed.

(Ord. No. 318, § 4(Exh. A), 5-28-2024)

19.90.060 - Required Dedications and Improvements—Commercial and Industrial

A.

Property owners constructing a new commercial or industrial building or establishing a new use shall be responsible for the construction of required improvements along the entire street frontage of their lot.

B.

In the CG, CO, CT, CN and CS land use districts (see Article 2 for definitions of the land use districts), the following street improvement standards shall apply to local streets:

1.

Paving.

2.

Concrete curbs and gutters shall be installed.

3.

Sidewalks, per City standards, shall be installed.

C.

In the IC land use district, the following street improvement standards shall apply to local streets:

1.

Paving.

Concrete curbs and gutters shall be installed.

3.

Sidewalks shall not be required.

(Ord. No. 318, § 4(Exh. A), 5-28-2024)

19.90.070 - Street Dedications and Improvements—Delay or Deferral

A.

Request for Deferral. Request for a deferral of any requirement for street dedication and/or street improvement may be made to the City Manager, who shall have the authority to defer any of the requirements subject to an executed deferral agreement between the City and the responsible party.

1.

Exception. For any project for which Planning Commission or City Council approval is required, the approving authority shall have the discretion to either require the construction of street improvements, require a deposit in the amount equal to the estimated cost of the street improvements, or defer such improvement subject to an executed deferral agreement between the City and the responsible party.

B.

Conditions of Approval. In approving a request for deferring or delaying public improvements, the approving authority shall impose reasonable and appropriate conditions in order to achieve the purpose of this Development Code, ensure consistency with the goals and policies of the General Plan, and justify making the necessary findings. Conditions shall include but are not limited to the following:

1.

Delayed Improvements—Bonding. Where it is impractical to dedicate right-of-way and/or complete installation of street improvements prior to occupancy or commencement of a use, subject to these requirements, an agreement in writing shall be entered into with the City to make such improvements. Additionally, a cash deposit, a surety bond, an irrevocable letter of credit or such other form of surety as may be acceptable to the City Attorney, in an amount equal to the estimated cost of the improvements, shall be posted with the Community Development Department in lieu thereof, to guarantee the installation of such improvement. In that event, the actual installation of street improvements may be delayed until a time certain as identified in the agreement or upon written demand by the City. If surety bonds are submitted, they shall be furnished by a surety company authorized to write such bonds in the state of California.

2.

Written Agreement Required. Prior to deferring any improvement requirement, a written agreement from the applicant shall be required, agreeing to participate in any street improvement program for the area in which the property is located, whether privately or publicly initiated. If approved by the City Council on appeal,

any such deferral agreement shall be executed by the City Manager on behalf of the City. This agreement shall be recorded with the County Recorder.

C.

Findings for Approval. Prior to deferring or delaying any dedication or improvement requirement as prescribed by this Chapter, the approving authority shall make all the following findings:

1.

That the modification of the improvement would not adversely affect public health and safety.

2.

That the improvements being deferred or delayed do not postpone improvements which are a necessary prerequisite to the use and orderly development of the surrounding area.

D.

Appeals. Any action by the City Manager or Planning Commission pertaining to a request to defer public improvements may be appealed to the City Council in accordance with Section 19.28.120 (Appeals).

(Ord. No. 318, § 4(Exh. A), 5-28-2024)

19.90.080 - Development Impact Fee

A.

Establishment. Development Impact Fees will be assessed in connection with the issuance of a development permit for new construction.

B.

Calculation of Fee. The amount of the fee shall be as adopted by Resolution of the City Council and shall be calculated according to the square footage of the proposed construction. Fees are based upon land use type as identified in Article 2.

C.

Collection. The amount of fees due hereunder shall be determined at the time of approval of a development permit for new construction. The fee shall be paid prior to the issuance of a building permit for such development and no building permit shall be issued authorizing the construction or establishment of any units without payment of the fee.

D.

Creation of Separate Funds. Purpose and Use of Development Impact Fees. The City Finance Director shall create a separate account into which all Development Impact Fees collected shall be placed. Because development subject to this fee will have traffic impacts on a citywide basis, the fees collected are to be

allocated for improvements on Adobe Road, Lear Avenue, Encelia Avenue, Mesquite Springs Road, Amboy Road, Two Mile Road, Hatch Road, Sullivan Road and Twentynine Palms Hwy.

E.

The City's Finance Director shall file a report with the City Council annually which shall contain both of the following:

a.

The amount of funds collected and expended under this Chapter.

b.

The status of any project required or authorized to be funded to cany out the purposes set forth herein.

(Ord. No. 318, § 4(Exh. A), 5-28-2024)

Chapter 19.92 - Trash Enclosure Standards[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 294, § 4(Exh. A), adopted Aug. 25, 2020, amended the title of Ch. 19.92 to read as set out herein. Formerly, Ch. 19.92 pertained to trash storage facilities.

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▸ Contents — Twentynine Palms Zoning Code
Twentynine Palms Zoning Code
  1. ▸ Title 19 — Development Code
    Overview
    1. § 19.02
    2. § 19.020
    3. § 19.04
    4. § 19.06
    5. § 19.08
    6. § 19.10
    7. § 19.12
    8. § 19.14
    9. § 19.16
    10. § 19.18
    11. § 19.20
    12. § 19.22
    13. § 19.26
    14. § 19.28
    15. § 19.29
    16. § 19.30
    17. § 19.32
    18. § 19.34
    19. § 19.35
    20. § 19.36
    21. § 19.37
    22. § 19.38
    23. § 19.40
    24. § 19.41
    25. § 19.42
    26. § 19.43
    27. § 19.44
    28. § 19.46
    29. § 19.48
    30. § 19.50
    31. § 19.52
    32. § 19.54
    33. § 19.55
    34. § 19.56
    35. § 19.57
    36. § 19.58
    37. § 19.60
    38. § 19.62
    39. § 19.64
    40. § 19.66
    41. § 19.68
    42. § 19.69
    43. § 19.70
    44. § 19.72
    45. § 19.73
    46. § 19.74
    47. § 19.78
    48. ▸ Chapter 19.80 — Noise Control
      Overview
      1. § 19.82
      2. § 19.88
      3. 88.080 Freestanding Signs
      4. § 19.90
      5. § 19.92
      6. § 19.94
      7. § 19.96
      8. § 19.98
      9. § 19.100
      10. § 19.102
      11. § 19.104
      12. § 19.106
      13. § 19.108
      14. § 19.110
      15. § 19.112
      16. § 19.114
      17. § 19.116
      18. § 19.124
      19. § 19.128
      20. § 19.130
      21. § 19.132
      22. § 19.134
      23. § 19.136
      24. § 19.138
      25. § 19.140
      26. § 19.142
      27. § 19.144
      28. § 19.146
      29. § 19.147
      30. § 19.148
      31. Article 7 — Subdivision Regulations

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