Twentynine Palms Municipal Code Ch. 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 two-person 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.

3. 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)