RECAP: 29 Palms Planning Commission, May 21, 2024
RECAP: 29 Palms Planning Commission, May 21, 2024
Development code amendments, residents defend art, and a summer hiatus
To the average layman, watching grass grow may seem a bit more enticing than reviewing amendments to the City’s Development Code. Thankfully, The Desert Trumpet is here to cover all the minutiae of Tuesday’s Planning Commission meeting. The second public hearing on the proposed amendments was to be followed by an introduction of City Manager H. Stone James but the newly appointed City Manager was unable to attend.
Four of five Planning Commissioners were in attendance with Commission Vice Chair Jessica Cure having an excused absence. Video of the Planning Commission meeting is available here. We combed through the staff report in our agenda preview, which you can read here.
With only one public hearing item on the agenda, no open public comment, and an item cut from discussion, the Planning Commission meeting was 39 minutes. The one-item consent calendar was approved without discussion.
PUBLIC HEARING
Agenda Item 2. Development Code Amendment - Article 4 Part 1
Community Development Director Keith Gardner stated that the evening’s proposed development code amendments were part of a series of changes and language clean-up efforts the City’s Planning Department has taken on within the last year. “The article before you primarily tries to eliminate extraneous references,” stated Gardner, adding “We want to be consistent with language.” Yet there were several code changes in that language.
Proposed development code changes include:
Establishing height limitations for structures such as water elements or art pieces in residential and commercial setback areas
Removal of design guidelines
Establishing a limit of two cargo shipping containers per residential property
Modification of allowable fence heights in residential and commercial zoning areas
The public weighs in
Exchanges between public at the podium, City staff and Commissioners were common during public comment as they all attempted to sort out the nitty-gritty and often confusing specifics of the development code changes. The Desert Trumpet’s agenda coverage was sometimes referred to in the discussion. Of particular interest was language stating that artwork could be subject to the approval of building permits. It also became clear that certain terms, such as setbacks and what could be placed in them, were causing confusion - here’s an illustration from a San Bernardino County Land Use Services FAQ:
Susan Peplow was first at the podium. She used a visual aid of a Twentynine Palms residential neighborhood to illustrate her statement. Regarding storage of RVs and boats on private property, Peplow spoke out in favor of property owner’s rights and asked City Staff how they plan on enforcing those code amendments.
I’m also concerned that if we push people out of their driveway— first of all, how are you going to educate this? Like, what's the outreach on that? We can't get people to follow our night sky ordinances or bring in their trash cans but now we're going to start citing people for a boat that's been in their yard for 10 years?
Peplow also commented on the proposed limitation of two cargo-shipping containers per property, stating three containers should be allowed on a 5-acre property if, for instance, someone wanted to build a U-shaped structure on their property.
Chair Max Walker clarified that districts zoned RS (Single Family Residential), such as the one displayed in Peplow’s visual, would still be allowed to park their RVs and boats in their driveways, easing some of Peplow’s concerns. The amendment would apply only to RM (multi-family residential districts), R-HD (High-density residential), and P (Public land use) zoning designations.
Resident Mary Jane Binge then asked the Commission for an explanation of the proposed 6 foot height limitation for murals and sculptures, which are also subject to building permits per the staff report.
“I’m sorry, this code section is strictly for setback areas, yeah, so anything that's placed in the setback has a height limit of six feet” clarified staff member Shelley Green. Binge asked for clarity on the meaning of setback in this context, “I mean, I have one [art installation] on my property and it’s way higher than six feet,” Binge inquired, ultimately stating that she does not think the City should limit murals.
“If the language is confusing we can strike the word ‘murals,’” responded Gardner. “I think we’d be okay with that, but the idea here is new art sculptures and statues and other artwork.”
Binge mentioned the metal Simi Dabah installation on Highway 62 near Pizza Hut as a example of an art installation near a setback area. Gardner pulled out a parcel map that showed the sculpture to be within the setback boundary. “If the Planning Commission wants clarification or if we need clarification or rewording of that, that’s what we’re here for,” said Gardner.
Anna Stump, Chair of the Public Arts Advisory Committee, piggybacked off Binge’s comments.
“The PAAC is in agreement with Mary Jane. We do not believe that limiting art — limiting new art — is a good thing for Twentynine Palms when Twentynine Palms is an arts town. For example, Simi Dabah. If someone wants to buy a sculpture from Simi Dabah, who is one of our premier sculptors here, and put it in their yard and they don't have a very big yard and goes in the setback, do they have to get a building permit? We do not believe that new art should be punished, so please, we hope that you review that, and allow art.”
“So it sounds like the issue here is this proposed addition of up to a maximum height of six feet. I think that's the the contention here,” stated Gardner following Stump’s comment.
Resident and former member of the Twentynine Palms Planning Commission Bill Easter asked for clarification on the proposed amendments as well, highlighting inconsistencies within the development code. Juxtaposing the 6-foot height restriction on art in setbacks with ten-foot RVs being allowed in those very same setbacks, he contended, demonstrates that consistency in the code was still lacking.
Easter: “These setbacks- are you talking about just front yard or is this side and backyard also?”
Walker: “It depends on what the code is saying but, some are for the side and front, but most are for the front— yes.”
Easter: “I can park my RV in my side yard setback, correct?”
Walker and Krushat: “Correct. You’re in a residential single area, you’re good.”
Easter: “So my question, then, is why can’t I have an art exhibit that’s over six feet?”
When Gardner asked if the Commissioners had strong opinions on the six foot height limitation, Krushat cited the political compromises Commissioners are faced with when deciding such issues — freedom of expression versus maintaining public standards.
“You want to allow people to have as much freedom as you want and you're also trying to sit there and say ‘we got to have a standard for the town,’ okay? And it's tough but you have to meet a compromise” stated Krushat, alluding to large structures in setback areas that could potentially obscure traffic.
Commissioner discussion
Chair Walker formally closed public comment and Commissioner discussion continued. Ultimately, Walker agreed with Krushat, who emphasized that property owners can still maintain art structures higher than 6 feet on their property so long as they are not in the setback area and below 35 feet. Commissioner Alexander Garcia said he does not want to limit art but understands public safety:
“I don't want someone turning a corner and not being able to see where they're going and, for instance, hit a child. Those are things I do think about, but, like he was saying, beyond the setback, they can be up to 35 feet?”
“I love art, I’m an artist myself, I’ve done larger installations,” continued Garcia.
Krushat then posed the question to the Commission, “Do we want to separate murals from sculptures?”
From the audience, Mary Jane Binge also asked if they would be separating murals from sculptures. Paahana responded, “No, beyond the setback you can have whatever height limit you want of whatever it is. They're just asking that whatever your setback is of your particular parcel, that you don’t have anything higher than 6 feet.”
Gardner chimed in, “I do want to make a suggestion, because we are allowing for higher fences and wall heights in commercial and industrial areas, so, I could see the value of striking murals out of that because someone could have a mural on a commercial wall that's 8 feet tall and we don't want to have a 6 foot mural on an 8 foot wall.” Chair Walker agreed. On the surface, this appeared to make sense, but negative space is considered an important component of visual art.
On building permits and City approval of art in setbacks
Paahana pressed Gardner and City staff for further clarification on artwork being subject to “approval of building permits.” “Why are they subject to approval of a building permit if you can have art in there? Because it has to follow safety?” asked Paahana.
Gardner clarified, “It may be subject to a building permit depending on the type of structure… because of fountains, typically…”
“Depends on what you’re installing?” interjected Paahana.
“Depending. And if we need to put in there, you know, ‘may be’ subject to approval…” added Gardner.
“Yes. And ‘are subject’ and ‘may be’ subject. Okay.”
After the change from “are subject” to “may be subject” was clarified, Paahana then went through each proposed strikeout recommendation in the amendment proposal, ensuring Commissioners and staff were okay with what was before them.
Commissioner Garcia received confirmation from staff that individuals with manufactured mobile homes more than ten years old are still able to apply for variances. Staff confirmed this to be correct and reiterated that the 10-year structure requirement is mandated by the City’s Building Code.
The next step
A motion to accept the amended code with the changes discussed in this meeting was put forward by Commissioner Krushat, seconded by Commissioner Garcia and approved by the Commission. It will now be forwarded to City Council for final approval at a future City Council meeting date.
Here’s a summary of the new changes:
• Murals in industrial and commercial setback zones will have allowances of 8 feet, because they will be allowed to have 8-foot fence and wall heights, while murals in residential setback zones will be limited to 6 feet due to wall and fence limitations of 6 feet.
• Regarding building permits, some accessory use structures, such as artistic installations, like fountains, for example, according to the Community Development Director, may be subject to permit requirements.
COMMUNITY DEVELOPMENT DIRECTOR UPDATES
Commissioners Krushat and Garcia stated they would both be out of town for the June 4th meeting, so Gardner and the Commissioners opted to cancel it. With Juneteenth and Independence Day adjacent to other Planning Commission meeting dates, they agreed that their next meeting will not take place until July 16th, 2024.
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