AGENDA PREVIEW: Planning Commission, April 15, 2025
New permit process for ancillary business uses including entertainment; study session on outdoor dining, outdoor storage and alcohol hours
The headline on the tax day session of the Twentynine Palms Planning Commission is a hearing on the first draft of development code for live entertainment in businesses such as restaurants and bars where music, trivia and other form of amusement are not the primary function. Also on tap in that hearing is Ancillary Commercial Activities. The discussion of Article 15, Section 9 Special Uses continues, but in a study session, which means if this topic is your jam, plan to attend in person as it will not be live-streamed or recorded.
The agenda for this session is available here.
PUBLIC COMMENTS
After Planning Commission announcements, residents can comment on items not on the agenda. Public comments on agenda items will be requested when the item is discussed. Fill out a green comment sheet for public or agenda item comments and hand it to the staff, usually sitting at the desk at the front of the room on the right side. Residents have three minutes to make your comments.
To comment during the hearing and the study session, come prepared to speak only once for three minutes on each, regardless of the number of topics covered.
You may also email comments to Planning Commission members and Keith Gardner, the Community Development Director, and request that comments be read at the meeting.
CONSENT CALENDAR
The only item on the Consent Calendar for this meeting is approval of the April 1 meeting minutes.
PUBLIC HEARINGS
2. Ancillary Activities, Businesses, and Entertainment
This is a biggie, and has been an on-going discussion for several months — this is new development code as the prior code failed to take ancillary uses into account or was too unclear or costly to be functional.
An “ancillary use” is a use that is secondary to a businesses’ primary use. This can be a permanent business use such as the popular example of a bank or Starbucks in a grocery store, or a temporary entertainment use such as weekly live music in a restaurant. The new code would be added under Article 5, Special Uses, also the topic of the Study Session below.
Ancillary Commercial Activities
A study session on this topic was held at the March 4, 2025 Planning Commission meeting. At that time, Community Development Director Keith Gardner indicated that his intent was to “knock down” the permitting required for this type of use to lessen potential impediments for businesses:
There's a lot of shared spaces now, and I'm just going to say this — the business community is usually a lot more creative than the rules and regulations typically allow for. So we're looking into establishing some policies here for ancillary uses and ancillary commercial activities.
The proposed regulation does not apply to ancillary uses at the same permit level or lower as the primary use — the staff report gives an example of a hair salon selling hair care products as both have the same level of land use approval.
What’s being considered here are additional businesses that are:
Owned and operated separately from the primary business
Contained entirely inside of the primary business without a unique entrance
Have the same or fewer operating hours than the primary business
And, take up 25% or less of the primary business’s square footage
Per the staff report, “Ancillary Commercial Activities would be permitted at a reduction of a land use permit level. For instance, a use requiring an Administrative Use Permit (AUP) would be processed via a Site Plan Review.”
Ancillary Live Entertainment
The importance of live entertainment to non-entertainment venues in Twentynine Palms was made clear by the number of times the topic was discussed leading up to this proposed code addition: at the September 17 and November 19 Planning Commission meetings, at the September 10 City Council meeting and the October 17 Tourism Business Improvement District (TBID) meeting, as well as at least one session of the Public Arts Advisory Committee (PAAC).
This is because there is only one building in the City that has live entertainment as its primary function: Theatre 29. That means that if residents and tourists want to experience something other than family oriented community theater, they land at Corner 62, GRND SQRL, Kitchen in the Desert, the Historic Plaza or one of our other local businesses. The proposed code is setting the conditions for yearly licensing for ancillary live entertainment at locations like these.
Per the staff report, for this ordinance “live entertainment” means:
a musical act (including karaoke), theatrical act (including standup comedy), play, revue, scene, dance act, or combination, performed by 1 or more persons, whether or not they are compensated for the performance, in a privately owned premises that is open to the public, whether or not admission is charged.
Fraternal organizations, nonprofits and houses of worship are exempt.
The conditions for maintaining the license once issued are:
Payment of the renewal fee
Twice yearly inspections in ensure compliance
Not exceeding maximum occupancy
Not exceeding allowed parking
Maintaining compliance with noise and lighting ordinances
Permitted activities not falling under the Adult Business definitions
Avoiding visits by law enforcement
Violations may result in fines, suspension or loss of the license.
The amount of the license fee will be determined by City Council “but is intended to be an encouragement to apply.” Per staff:
this modification to the Development Code will ease the burden on small businesses, but could very well facilitate economic development by helping Twentynine Palms become more of an arts and entertainment destination.
DISCUSSION AND POTENTIAL ACTION ITEMS
None
STUDY SESSION
3. Development Code Amendment - Article 5, Part 2
Director Gardner continues his detailed review of the City’s development code with more work on Article 5, Special Uses, first visited on March 4, 2025. Because of the breadth of Article 5, which covers everything from adult businesses and sex clubs to telecommunication facilities, Gardner first asked the Commission to review the 196 page code as a whole. He then started breaking it into manageable chunks for study sessions which lay the groundwork for writing the proposed amendments.
Part one, at the April 1 meeting, covered 19.108 Bingo Licenses and 19.110 Farmers Markets. Up for consideration in Part two are:
Chapter 19.128 Outdoor Dining
Should there be a minimum setback of 10 feet when outdoor dining abuts residential zoning? And should it be walled off?
Chapter 19.130 Outdoor Storage
Should outdoor storage be screened from public view in Industrial and Commercial Land Use Districts throughout the City, not just on certain streets?
Chapter 19.138 Special Regulated Uses
The staff report reads, “Discussion regarding the type of permit process and the number of permits issued for alcohol related uses.” The section appears to set hours of operation for businesses selling alcohol for on and off-site consumption.
For discussion on these questions and more, attend the April 15 meeting at 5pm at Twentynine Palms City Hall, 6136 Adobe Rd.
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