Title 19 — Development Code

Source: library.municode.com (print export)

Article 1 - General Provisions Chapter 19.02 - Authority

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 twoperson 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.

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)

Chapter 19.04 - The General Plan

A.

Any proposed filming activity that may be conducted in the public right of way or may impact traffic circulation shall require the submittal of Encroachment Permit to the Engineering Division.

B.

The use of, or emulation of, any type of weaponry shall require written approval from the San Bernardino County Sheriffs office.

C.

The use of, or emulation of, any type of explosives, fires, or pyrotechnics shall require written approval from the San Bernardino County Fire Department.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. The notice shall include:

A.

The application request as acted upon by the Director.

B.

The action taken by the Director.

C.

The deadlines, criteria and fees for filing an appeal.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Film Permits are valid only for the dates specified in the application and shall expire on the last date listed.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Extension of time may be permitted, provided that no violations of the Conditions of Approval have occurred as a part of the filming activity.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Amendments to an approved Film Permit shall be processed as a new application.

(Ord. No. 305, § 4(Exh. A), 6-27-2023)

Chapter 19.36 - Site Plan Review

The purpose of this Chapter is to define the procedures for Site Plan Review and the types of permitted uses and projects that are subject to the Site Plan Review process. Site Plan Review is a process that

enables the City to ensure the quality and compatibility of proposed development in a timely and efficient manner; ensure conformance with all applicable local standards, ordinances, design guidelines and other applicable plans and policies; allow City departments to review new development proposals and place reasonable conditions to ensure that the public health, safety and welfare is maintained; and promote the goals and policies of the adopted General Plan.

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

A.

Site Plan Review Required. A Site Plan Review is required prior to establishment or construction of any permitted use so designated in the applicable land use tables (Chapters 19.08 thru 19.22), subject to the following:

1.

Structural additions less than 500 square feet do not require land use entitlement.

2.

Modifications to parking and circulation configurations which change the basic parking areas or circulation patterns, with a reduction in parking spaces.

3.

The establishment and/or construction of an outdoor storage area, regardless of size.

4.

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

5.

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

6.

Reciprocal parking agreements in conformance with Section 19.82.080 of this Code (Reciprocal Parking Facilities).

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

• 19.36.030 - Application and Required Fees

A.

Application Filing and Processing. Applications for a Site Plan Review 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)

Site Plan Review 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 a Site Plan Review application.

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

No public hearing is required for review and processing of a Site Plan Review.

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)

In approving an application for a Site Plan Review, 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.

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

Prior to approving a Site Plan Review as prescribed by this Chapter, the approving authority shall make all the following findings:

A.

The proposal meets the standards of the Development Code and will result in an appropriate and desirable development.

B.

The site is suitable in size, shape, and topography for the proposed development.

C.

The site improvements are appropriate and will result in a safe, well-designed facility.

D.

Approval of the project is consistent with the goals and policies of the adopted General Plan.

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

Written notice of decision shall be provided within five business days of the date of decision to the applicant and interested parties having requested notices in writing. 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)

Site Plan Reviews 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)

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)

19.36.110 - Expiration

A.

Site Plan Reviews 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. A Site Plan Review 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)

The expiration date of a Site Plan Review 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)

An applicant may request an amendment to a Site Plan Review after the final written decision is issued and the permit becomes effective. Amendments shall be processed in accordance with Section 19.28.140 (Amendments to Previously Approved Permits).

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

Chapter 19.37 - Minor Exception