Twentynine Palms Municipal Code § 19.26.010 General Provisions

A. Intent and Applicability.

1. Overlay districts may be established in order to recognize and map environmental constraints or amenities that should be taken into consideration when land development is being proposed. Overlay districts may be designated in conjunction with those land use/zoning districts that are affected by an environmental constraint or amenity; alternatively, overlay districts may be established to recognize and map land uses approved by the City that promote flexibility to land development while maintaining community goals and priorities.

2. An overlay may be appropriate where special development standards are necessary in earthquake fault areas in order to protect the health, welfare and safety of the public. Therefore, when a residential land use/zoning district is proposed for an area that has active earthquake faults, an overlay district will be established to map the hazardous areas and to provide special development standards.

3. An overlay district may be mapped over any land use/zoning district. The development standards used for a site shall be those set forth in the overlay district or the land use/zoning district, as specified in this Chapter.

4. The procedure for using overlay districts shall be as provided by this Chapter and the Development Code.

5. When appropriate, deviations from standards set forth in the overlay districts may be granted in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code, except as otherwise noted.

B. Format.

1. Overlay districts are divided into three groups:

a. Preservation overlay districts are intended to preserve and protect valuable resources of land, natural land formations and land uses which have been identified by the City.

b. Safety overlay districts are intended to identify natural or man-made conditions which are a potential threat to public health and safety and to formulate requirements to mitigate that threat.

c. Development overlay districts are intended to provide flexible land development, while maintaining other community goals and priorities, by permitting the establishment of projects, including mobile home parks, in areas which have been identified by the City as providing compatible uses.

2. Each overlay district section in this Chapter includes the following subsections: Intent and Purpose, Locational Requirements, Development Standards, Conflicting Provisions, and Special Requirements, if applicable. The Intent and Purpose and Locational Requirements subsections provide the necessary information for locating overlay districts in the City. The Development Standards subsection provides the necessary regulatory guidance for land use proposals that are within an overlay district in addition to those required by the applicable land use/zoning district, Development Code and/or other provisions of the Municipal Code. The Conflicting Provisions subsection specifies, in the event of conflicting development standards between the underlying land use/zoning district and the overly district, which standards apply. The Special Requirements subsection identifies additional requirements that may apply and are not covered under other subsections.

C. Overlay Designations.

1. When an overlay district is imposed upon a land use/zoning district, it shall be designated on the General Plan Land Use Map.

2. The General Plan Land Use Map may include notations regarding preservation or safety conditions, in addition to areas for mobile home parks or planned developments.

3. The following designations may appear on the General Plan Land Use Map:

a. Preservation Overlays

i. Preservation - Biological Habitat Overlay District (PR-BH)

ii. Preservation - Scenic Vistas or Scenic Highways Overlay District (PR-S)

b. Safety Overlays

i. Safety - Geological Overlay District (S-G)

c. Development Overlays

i. Mobile Home - Tourist Commercial District (MH-CT)

ii. Planned Development Overlay District (PD)

D. Overlay District Application. The regulations and development standards established by an overlay district shall be imposed in addition to those established by the underlying land use/zoning district and shall overlay all land use/zoning districts on all parcels or portions thereof which are encompassed or circumscribed by one or more overlay districts. The land use districts may augment and strengthen the standards and provisions specified by an overlay district.

E. Uses Permitted. The uses permitted on a parcel which has an overlay district shall be those uses allowed by the primary land use/zoning district subject to the provisions of all applicable overlay districts as well as those of this Development Code. Where the regulations or standards established by an overlay district conflict with provisions of a primary land use/zoning district or other provisions of this Development Code, the regulations or standards as specified by this Chapter shall govern.

F. Establishment and Change of an Overlay District. The provisions of each Section of this Chapter, in conjunction with the applicable Development Code provisions, shall provide the criteria for the establishment or change of the applicable overlay district. Each overlay district is an individual land use designation that is a separate and independent designation from the primary land use/zoning district and remains with the property irrespective of the underlying land use/zoning district unless specifically changed. A change in the primary underlying land use/zoning district does not change an overlay designation.

A. Intent and Purpose. The intent and purpose of this overlay district is to establish development regulations to protect the natural beauty and biological resources of specific interest or concern in the City.

B. Locational Requirements. The PR-BH Overlay may be applied to land areas which contain specified biological resources as determined by the City based upon the recommendation of a qualified biologist.

C. Development Standards. Proposed developments having portions of areas within the overlay may credit this area for requirements related to landscaping. To preserve the open space resources and prevent destruction of the biological resource, the following restrictions shall apply:

1. Grading shall be limited to that necessary for approved building foundations, parking and access driveways. A Grading Permit or Clearing Permit for grading or clearing of land in excess of this minimum shall not be issued unless specifically approved by the Planning Commission, at a noticed public hearing, with specific findings that the proposed permit will not degrade the integrity of the biological resources.

2. Development shall be designed and located to avoid or minimize disturbance to the biological resources.

3. Any natural resource identified within the PR-BH Overlay District shall be protected or impacts mitigated as a condition of any proposed project.

4. Other standards may be applied as deemed necessary by the Planning Commission to preserve the resource pursuant to the recommendation of a qualified biologist.

5. Any permit within the PR-BH Overlay District shall only be approved if the Approving Authority makes the following findings in addition to any findings that may otherwise be required:

a. The project will not result in a significant adverse environmental impact on endangered species or sensitive habitats, plants or animals.

b. The project design and physical improvements minimize disturbance to the specified biological resource.

c. The project will not degrade the scenic and open space resources of the site or areas in the vicinity of the site.

D. Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.

A. Intent and Purpose. The intent of the PR-S Overlay is to provide development standards that will protect, preserve and enhance the aesthetic resources of a neighborhood or area. Design considerations shall be incorporated to allow development to coexist and not substantially interfere with the preservation of unique natural resources and roadside views of such natural resources. It is also the intent of the PR-S Overlay to implement state and federal programs and regulations regarding scenic highway routes.

B. Locational Requirements.

1. The PR-S Overlay may be applied to state, county and City-designated scenic highways as set forth in the City's General Plan.

2. The PR-S Overlay District may be applied to areas with unique views of the City's desert areas or other aesthetic natural land formations.

3. The PR-S Overlay District for scenic highways should apply to an area extending at least 200 feet on both sides of the ultimate road right-of-way. The area covered may vary to reflect the changing topography and vegetation along the right-of-way.

C. Development Standards. When a land use is proposed within a PR-S Overlay District, the following criteria shall be used to evaluate the project:

1. Building and Structure Placement. The building and structure placement is compatible with and does not detract from the visual setting or obstruct significant views.

2. Setbacks/Design. Land development proposals shall be designed to blend into the natural landscape and maximize visual attributes of the natural vegetation and terrain. The design of said development proposals may also provide for maintenance of a natural open space parallel to the right-of-way. A setback shall be specified for the view from the road in any affected land use/zoning district. Deviations from established setbacks in accordance with the provisions of Chapter 19.44 (Variance) of the Development Code shall only be approved if one or more of the following are found and justified as being true.

a. Topographic or vegetative characteristics preclude such a setback.

b. Topographic or vegetative characteristics provide adequate screening of buildings and parking areas from the right-of-way.

c. Property dimensions preclude such a setback.

3. Access Drives. Right-of-way access drives shall be minimized. Developments involving concentrations of commercial activities shall be designed to function as an integral unit with common parking and right-of-way access drives.

4. Landscaping. The removal of native vegetation shall be minimized and replacement vegetation and landscaping shall be compatible with the local environment and, where practicable, capable of surviving with a minimum of maintenance and supplemental water. Landscaping and plantings shall not obstruct significant views, either when installed or when they reach mature growth.

5. Parking and Storage Areas. Parking and outside storage areas should be screened from view, to the maximum extent feasible, from either the scenic highway or the adjacent scenic or recreational resource by existing topography, the placement of buildings and structures, or landscaping and plantings which are compatible with the local environment and, where practicable, are capable of surviving with a minimum of maintenance and supplemental water. Outside storage areas associated with commercial activities should be completely screened from view of the right-of-way with screenwalls, landscaping and plantings compatible in the same manner noted above.

6. Aboveground Utilities. Utilities should be constructed and routed underground except in those situations where natural features prevent the underground siting or where safety considerations necessitate aboveground construction and routing. Aboveground utilities should be constructed and routed to minimize detrimental effects on the visual setting of the designated area. Where it is practical, aboveground utilities should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by existing topography, or by placement of buildings and structures.

7. Grading. The alteration of the natural topography of the site shall be minimized and shall avoid detrimental effects to the visual setting of the designated area and the existing natural drainage system. Alterations of the natural topography should be screened from view from either the scenic highway or the adjacent scenic or recreational resource by landscaping and plantings which harmonize with the natural landscape of the designated area, and which are capable of surviving with a minimum of maintenance and supplemental water.

D. Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.

A. Intent and Purpose. The S-G Overlay is created to provide greater public safety by establishing review procedures and setbacks for areas that are subject to such potential geologic problems as ground shaking, earthquake faults, liquefaction and subsidence.

B. Locational Requirements.

1. The S-G Overlay shall apply to designated areas which are on or adjacent to active earthquake fault traces. The S-G Overlay shall implement the requirements of the Alquist-Priolo Special Studies Zones Act of 1972.

2. The S-G Overlay District shall be designated in areas where landslides or subsidence are prevalent.

3. The S-G Overlay District shall be designated in areas where liquefaction of the soil is associated with earthquake activity.

C. Development Standards. When a land use is proposed within an S-G Overlay District, the following standards shall apply:

1. Development of all structures used for human occupancy shall take place a minimum of 50 feet or farther from any active earthquake fault traces. Active fault traces are those delineated on the current Alquist-Priolo Earthquake Fault Zone Maps or on maps in the City General Plan.

2. Development of all structures used for critical facilities shall take place 150 feet or farther from any active earthquake fault trace as indicated in the City General Plan. Critical facilities shall include dams, reservoirs, fuel storage facilities, power plants, nuclear reactors, police and fire stations, schools, hospitals, rest homes, nursing homes and emergency communications facilities.

3. The following conditions may apply to areas subject to periodic landslides, subsidence and soil liquefaction as may be indicated on applicable resource maps:

a. Siting. All facilities and streets should be sited so as to minimize the erosion potential.

b. Vegetation. Natural vegetation shall be retained and protected where possible. Where inadequate vegetation exists, additional landscaping shall be provided. Any additional landscaping shall be compatible with the local environment and capable of surviving with a minimum of maintenance and supplemental water.

c. Exposure of Bare Land. When land is exposed during development, only the smallest practicable land portion, as an increment of a development project, shall be exposed at any one time; the duration of time that the exposure remains unprotected shall be the shortest practical time period and such exposure should be protected with temporary vegetation or mulching where practical.

d. Runoff. The development should be designed to minimize water runoff. Provisions should be made to effectively accommodate any increased runoff.

e. Special Measures. Measures shall be taken to offset the possible effects of landslides. A detailed geologic report identifying these measures shall be required prior to the issuance of building permits.

f. All proposed facilities located within liquefaction and landslide hazard areas shall be constructed in a manner to minimize or eliminate subsidence damage.

D. Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the more restrictive provisions shall apply.

A. Intent and Purpose. The intent and purpose of this overlay is to provide flexible land development, while maintaining other community goals and priorities, by permitting and regulating the establishment of mobile home parks in certain areas zoned Tourist Commercial.

B. Locational Requirements.

1. The MH-CT Overlay may be applied to areas zoned Tourist Commercial (CT), as determined by the City. Mobile home parks may operate in the MH-CT Overlay District after the granting of all necessary entitlements by, including but not limited to, the City and the California Department of Housing and Community Development (HCD).

2. The MH-CT Overlay shall be depicted on the General Plan Land Use Map as currently shown or as may be amended. The MH-CT Overlay may also be separately depicted on an overlay map.

C. Development Standards. To the extent permitted by law, MH-CT Overlay applicants must provide the City with proof of compliance with all development standards identified herein. The following standards shall apply to all mobile home parks established in an MH-CT Overlay District:

1. The construction and development of mobile home parks shall comply with the following standards, regulations and conditions, where applicable:

a. Conditions of approval imposed in accordance with any approved permit issued by the City.

b. The Mobile Home Park Act, California Health and Safety Code Section 18200 et seq., the Mobile Home Residency Law, California Civil Code Section 798 et seq., and California Code of Regulations, Title 25, Division 1, Chapter 2, Housing and Community Development Mobile Home Park and Installations Regulations.

c. The National Manufactured Housing Construction and Safety Standards Act of 1974 and relevant regulations in Title 24 of the Code of Federal Regulations.

d. Requirements of state, county and local agencies including, but not limited to, County Division of Environmental Health Services, City Engineering, Office of the State Fire Marshal, Twentynine Palms Water District, and HCD.

e. Chapter 19.124 (Mobile Home and Special Occupancy Parks) of the City's Development Code.

2. Mobile home parks shall not exceed a density of 12 dwelling units per gross acre.

3. Pursuant to Government Code Sections 65995, 65996 and 66000 et seq., and Education Code Sections 17620 through 17626, all owners of mobile home parks shall pay appropriate development and school impact fees at the time HCD inspects the installation of units at a mobile home park.

D. Conflicting Provisions. In the event any development standards in this overlay district conflict with the development standards of the land use/zoning district over which the overlay district is mapped, the provisions of this overlay district shall apply. In the event any City-issued Conditional Use Permit or variance conflicts with these development standards, the provisions of the City-issued Conditional Use Permit or variance shall govern.

A. Intent and Purpose. The Planned Development (PD) Overlay designates property where special consideration of the site and surroundings are necessary to allow creative development solutions that do not meet the allowed use regulations and/or development standards of the primary land use/zoning district. The PD Overlay is intended to allow modification of requirements established by other ordinances and diversification in the relationship of different uses, buildings, structures, lot sizes and open spaces, while ensuring compliance with and implementation of the General Plan.

B. Locational Requirements. The PD Overlay may be applied to any area in the City that is a minimum of 1 acre in size.

C. Development Standards. The development standards allowed in the PD Overlay District shall be consistent with the General Plan land use designation and description. The development standards may deviate from the development standards of the primary land use/zoning district where required findings for PD Overlay approval are made by the designated approving authority pursuant to Chapter 19.43 (Planned Development).

D. Conflicting Provisions. In the event there is an inconsistency or conflict between an adopted PD Overlay and comparable provisions of this Title, the overlay district standards shall prevail.

E. Special Requirements.

1. Rezoning and Plan Approval Required. Any application to rezone property to the PD Overlay District shall also require the submittal of a Conditional Use Permit for a planned development application detailing site and building plans and uses as required in Chapter 19.43 (Planned Development). Chapter 19.43 establishes the process, procedures, findings, conditions and amendment provisions for planned development approval.

2. Allowed Land Uses and Permit Requirements. The land uses allowed in the PD Overlay District shall be consistent with the General Plan land use designation and description. The allowed use may deviate from the allowed land use listing of the primary land use district where required findings for a planned development approval are made by the designated approving authority pursuant to Chapter 19.43 (Planned Development).