RECAP: 29 Palms Planning Commission, March 19, 2024
RECAP: 29 Palms Planning Commission, March 19, 2024
The community shows up to support the Farmers Market
Editors note: Our run of articles on the solar farm delayed this recap.
This meeting dove into a myriad of issues for the Twentynine Palms Farmers Market’s Conditional Use Permit (CUP), including trash and waste management, pet and animal ordinances, period review, and more as covered in our agenda preview. The Housing and Homeless Committee portion of the meeting was covered here.
All five Planning Commissioners were in attendance for the last Planning Commission meeting in March, joined by Interim City Manager Larry Bowden. The agenda and video of the Planning Commission meeting are available here.
The Consent Calendar consisted of meeting minutes and was approved 5-0. No one spoke during general public comment — most of the public at the meeting were there to discuss the 29 Palms Farmers Market.
Public Hearings: 29 Palms Farmers Market Conditional Use Permit (CUP)
Keith Gardener, Community Development Director, kicked things off. He explained that the hearing was meant to revisit what was stated as “vague language” in the permit, citing specific examples around the CUP's site plan and waste management requirements.
Gardener also mentioned receiving complaints regarding maintenance and business license requirements. He stated the reason for bringing this issue back to the Planning Commission was for re-approval with "fine-tuned conditions." During his introduction, Gardener mentioned that City staff and the farmers market proprietor Roger Thomas had been working diligently to resolve issues.
Before Planning Commission Chair Jim Krushat opened the conversation to public comments, Bowden revealed that he and Thomas had “been working to incorporate language from both the City and the farmers markets’ perspective” into the CUP. He also communicated a discussion with the San Bernardino County Agriculture / Weights & Measures, which certifies farmers markets, and which confirmed the 29 Palms Farmers Market’s compliant standing as of February 29, 2024.
Discussion began with Commissioner Max Walker questioning the market’s facility fee of $50 for renting Freedom Plaza, which for others is $132. Bowden chimed in regarding the difference between a one-day use of facility fee versus what the City Council has empowered the City to do, which is negotiate a custom rate with the farmers market, based on its “value to the City.”
Walker continued to press the issue, seeking clarity on the exact fees charged in the past. Before he could finish his line of questioning, Bowden responded by communicating the Farmers Market had given the City a $1,000 check for damages and fees, which had never been drawn from.
Krushat asked, “Why did we raise the Insurance Requirement from $1 million to $2 million?" To which Bowden responded, "We didn't." Bowden communicated the $2 million insurance policy was required by law. He also communicated Thomas had the policy in place before the City was aware of the requirement.
Bowden described an increase in foot traffic to Freedom Plaza related to the new Visitors Center; the old Visitors Center to the Joshua Tree National Park was recently closed and brought into Freedom Plaza.
Bowden described how visitors bring waste while using Freedom Plaza facilities
He surmised tourists and travelers were participating in the Farmers Market and the Visitors Center at the same time
As a tourist draw, Bowden estimated that more than 1,000 visitors travel to Freedom Plaza every Saturday
He also communicated the City is being proactive regarding trash, but ultimately, having an abundance of trash is indicative the Farmers Market is doing a good job of attracting people
The City Council is 100% behind the Farmers Market
Overwhelming Public Support
Overall, the sentiment from the community offered resounding support for the farmers market. A total of ten community members participated in the public comments section of the meeting.
Wendy Hunt communicated their role as a local musician, partnering with Thomas and the market to bring entertainment to the community.
We look forward to continuing our relationship with Roger in the market. He's easy to work with, community minded, and understands how to manage the complex logistics of organizing the many people involved in the market.
Anna Stump spoke on behalf of her organization, Mojaveland.
For the past year and a half, Mojaveland has brought two portable [mini-golf] holes to the farmers market once a month to for the kids and families to play for free in the center of the market. And it's been so fun. The kids love it, the families love it.
Market vendors Brianna Whitaker, Britain Vanderbush, and Marco Del Piero pointed to the welcoming atmosphere created by Smith for the businesses and the public. Britain, who runs Flipside Crepes, spoke about Twentynine Palms:
It was going to the market that made us really sense it was like community. We walked in and pictured the life here. It was between here and Joshua Tree, where are we going to move. And here we felt community. I've worked in some capacity at every market between here and Yucca. And this is the one I love most. And Roger has been so helpful. I started Flipside, because I lost my job last year. And I just had an idea. And Roger helped me, he said, what what do you need, he walked me through the process told me what to get legally, what I needed to do, he helped offered me equipment to borrow at no cost. Nobody else I know of any market would do that
Commission discussion after public comment focused on concerns raised by adjacent business owner Eileen Leslie over limits on dogs, and Smith’s and Leslie’s concerns over the permit length, which they felt could be longer.
About dogs
Commissioner Leslie Paahana sought clarity on the conditions banning dogs. Planning Department Staff member Diane Olsen replied that there were two items included in the City’s current ordinance:
sale or giving away animals on display
“domestic animals except service animals or livestock should not accompany their human host or be allowed to freely roam…”
At this point in the conversation, Bowden expressed that he’d spoken with representatives at the San Bernardino County Health Department and that “things had changed,” and that the code Paahana sought clarity around was an “older code.”
There was a lively conversation among Commissioners, Gardner, Bowden, and Olsen expressing points of view related to modifying the current CUP and/or the City ordinance versus deferring to County and State-level guidelines.
The consensus veered toward allowing pets, specifically dogs, so long as they “were away from areas containing food,” and were leashed.
Paahana questioned how pet adoption events would impact the language of the City’s ordinance, to which Gardener explained the current permit included a provision allowing the Palms-N-Paws animal shelter to have an informational booth and pet adoption events.
The Commissioners finally landed on changing the CUP by allowing dogs and including language that they should be “leashed and under the control of the owner.”
Regarding CUP length
Paahana raised the issue of extending the CUP, in response to Thomas’s earlier comments.
As proposed by staff, the CUP has a four-year lifespan with a one-year extension. After five years, the Farmers Market would have to apply for a new CUP and pay fees associated with new applications.
The conversation was split with Commissioners Alex Garcia and Max Walker and Chair Krushat leaning towards keeping the “four + one” agreement and Paahana and Jessica Cure seeking a longer CUP term. Despite the different opinions, each Commissioner took the time to endorse the Market with Walker commenting:
I do like the Farmers Market. I take my daughter quite frequently, not every week, but a lot of weeks. Right. But I did take concern with a lot of things that were in the letter that was issued by Parks and Rec…. If those are being rectified. Good.
A last-minute update was included in the amendment to the CUP addressing the summer period when the Market switches from morning to evening hours. A two-week notice was added should Freedom Plaza be needed for another event during the Market’s evening hours. Also, Market hours were clarified for the actual clean-up time.
As the meeting was nearing the one-hour mark, Commissioner Walker made the motion, “We accept the conditional use permits with requested changes to the hours of operation, the cleanup of verbiage of the dogs and two-week notice and we'll let them know we're keeping the four and the four to one stays the same same. And we find the project exempt from CEQA.”
The motion passed 5 - 0 as the public applauded.
Solar Farm Public Comment deadline is March 29. The public is invited to submit public comment on the solar farm proposed near Harmony Acres —the deadline is Friday, March 29. Comments should be mailed Community Development Director Keith Gardner at City Hall, 6136 Adobe Rd., Twentynine Palms, CA 92277 or emailed to him at kgardner@29palms.org. Details can be viewed on the City website.
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So pleased Farmers Mkt will remain dog friendly. Thanks to everone positive, and to sound judgment of acting city manager. 🐕