ON THE AGENDA: 29 Palms Planning Commission, May 21, 2024
ON THE AGENDA: 29 Palms Planning Commission, May 21, 2024
Amending the City Development Code, cargo container regulations, ADUs versus guest houses, fence heights, and red tape!
What do barbed wire fences, cargo shipping containers, RVs, and boats all have in common? Well, they’ll all be discussed at this Tuesday’s Planning Commission meeting, of course! If buzz words like “six foot fence heights” and “development code amendments” tickle your fancy, then this is the meeting for you. The next City of Twentynine Palms Planning Commission meeting will be at City Hall Tuesday, May 21, at 5 pm when Planning Commissioners will have the opportunity to approve some changes to Article 4 Part 1 of the City’s Development Code.
The agenda packet can be found on the City’s website, which will also have a livestream link for watching at home on the day of the meeting. The recording will be available for viewing later on YouTube.
PUBLIC COMMENTS
After Planning Commission announcements, you 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 comments 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. You have three minutes to make your comments.
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.
In recent City Hall coverage, Desert Trumpet reporters have noted that the Mayor is no longer reading public comment letters out loud that have been submitted by residents unable to attend the meeting in person. It is unclear if this decision applies to letters submitted at all public City meetings or only at City Council. The Desert Trumpet has reached out to City Staff for clarification and will update our readers accordingly.
Although listed under one sole agenda item, the five chapter revisions to the Development Code compiled by City Staff for Tuesday’s meeting cover a range of development code topics, from fencing height requirements to art installations on private property to roofing modification requirements, that are now being brought back for Commissioner review and potential approval. “It is one item on the agenda. Every member of the public in attendance has 3 minutes in which to speak. Anyone is welcome to provide written comments,” stated Community Development Director Gardner in an email correspondence.
CONSENT CALENDAR
The sole item on the Consent Calendar is the approval of the May 7, 2024 meeting minutes.
PUBLIC HEARINGS
Item 2. Development Code Amendment - Article 4 Part 1
What is a development code?
One may ask, what exactly is a development code and how do city governments use these codes to enact policy? In compliance with the City General Plan and the State of California, the current City of Twentynine Palms Development Code was formally adopted by City Council in 2016. It has been amended a number of times since, with the most recent amendment having taken place in November 2023.
The Twentynine Palms Development Code contains 8 articles, 176 chapters, numerous subchapters, categories, and breakdowns for a whopping total of 574 pages of text. With daunting topics ranging from commercial vehicle parking to building codes, community care facilities, animal and livestock regulations, and “Adult-Oriented Business,” the Development Code lays out guidelines for an array of topics and issues the City deals with daily in regard to regulation, permitting, and land use. Outlined in Article 1 of the 574-page text is the Development Code’s intent:
“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.”
Much like the U.S. Constitution, which is often interpreted as a “living document” due to its capability of being amended, implementing such lengthy policies and enacting the vision of the City’s General Plan requires adaptation, language revisions, and new policy adoptions. Such is the case for Tuesday’s meeting, where the Planning Commission will consider revisions to Article 4, Part 1, of the City Development Code, entitled “Site Development Regulations.”
The Development Code also establishes the role of the Planning Commission and the Community Development Director, outlining their authority, and includes the Director’s crucial role of text interpretation. “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.” In other words, if anything within the code remains unclear, Community Development Director Keith Gardner can provide clarification, guidance and interpret policy so long as it is in accordance with the City’s General Plan and State of California guidelines.
Tuesday’s proposed changes
A breakdown of Tuesday’s proposed text revisions shows some new language is being added, and old language is being taken away. Some regulations are getting cut, removing bureaucratic red tape property owners may have previously encountered in the development process, while other regulations, such as an old requirement mandating graffiti-resistant structure treatments, are now deemed unenforceable.
The amendment revisions were previously hashed out during the Planning Commission’s April 16 meeting, where both residents and Commissioners requested clarification from City Staff on a number of issues within the proposed text. Prior to the April discussion, a notice went out in the Desert Trail informing residents of the proposed amendment on March 27, 2024.
City Staff is recommending that Planning Commissioners approve the modifications listed below, but, if necessary, Commissioners have the option to postpone the public hearing, modify the proposed amendment changes, and then approve them or deny the changes altogether. The following development code amendments are proposed:
These five chapters cover a range of general development topics from height requirements, land use regulations, fencing regulations and land buffers to construction equipment storage. While modifications to residential properties are addressed in these proposed changes, the portion of Amendment 4 that pertains to the Affordable Housing Density Bonus (Chapter 19.72) will not be modified during this meeting.
Height guidelines and storage. Revisions to Chapter 19.68 establish height guidelines not to exceed six feet for art installations and landscaping modifications such as waterfalls and sculptures. Art installations—including sculptures, murals, and statues—will have established height regulations and will now be subject to approval of building permits. Regulation of construction equipment in both residential and public properties will be codified in the text as well. “Storage of construction vehicles and equipment is not permitted in residential and public districts.”
Open storage of boats, trailers, and recreational vehicles will not be allowed in front yards or side yards of residential or public properties, except in RS and RL (rural) zoned properties.
Mobile and manufactured homes. Chapter 19.69 “establishes standards for conventionally built mobile and manufactured homes to ensure consistency with state law requirements and for multi-family residential development to ensure consistency with surrounding land uses and the policies of the General Plan.” Most of the revisions to this Chapter involve removal of text rather than implementing new language.
Accesssory Dwelling Units and shipping containers. Proposed text changes in Chapter 19.70 attempt to delineate between regulations of Accessory Dwelling Units, which have been a hot topic statewide in recent years due to the housing crisis, and “Accessory Uses and Structures.” According to the proposed revisions, Accessory Dwelling Units are already addressed in Chapter 19.134, and they do not fall under the category of “Accessory Use Structure.” The new text will state, “For the purposes of this Title, accessory dwelling units are not considered accessory structures; accessory dwelling units are governed by the requirements of Chapter 19.134 (Accessory Dwelling Units) and are exempt from the requirements of this Chapter.” New text further distinguishes exactly how “Accessory Use” and “Accessory Structure” are defined. Such examples include guest houses (without kitchens), animal boarding shelters, or playground installations for children.
If the new language is adopted, those who wish to build an “accessory use structure” on their property will now be limited to one guest house per “lot.” The revised text does not distinguish between the definition of “lot,” “parcel,” and “subdivision.” Also, cargo containers, which are used by residents for a variety of purposes, from storage of goods and green houses, to converted housing structures, will now be limited to two per residential property. Cargo containers will no longer be allowed on vacant undeveloped lots. All individuals wishing to have a cargo container on their property need to have an approved permit.
Design criteria. Revisions to Chapter 19.73 cut out design criteria for “Commercial and Industrial Uses,” as the City seeks to address design and architectural compatibility standards under a different provision of the City’s General Plan.
Fences, walls, and screens. Updates to Chapter 19.74 bring fencing height limitations from 4 feet to 6 feet for front yard areas in both residential and public land use districts. Commercial land use districts will now allow front yard fencing of 6 feet, and a street side yard fence of 8 feet maximum (previously 4 feet.) Industrial land use areas will be allotted 8 feet of front yard and street side fencing, which was previously 6 feet.
If the above revisions meet the majority approval from the five-member Planning Commission, the revised text will then be forwarded to City Council for future adoption consideration.
CITY MANAGER INTRODUCTION
Although he spoke at the podium during the last Planning Commission meeting, City Staff appears to be introducing City Manager H. Stone James to the Commission at the upcoming Tuesday meeting under a formal agenda topic. James was recently appointed to the role by City Council on March 26, 2024. He is replacing former City Manager Frank Luckino and Interim City Manager Larry Bowden.
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