Planning Commission - Regular Meeting

TWENTYNINE PALMS PLANNING COMMISSION MEETING AGENDA 6136 Adobe Road Twentynine Palms, CA 92277 www.29palms.org Tuesday, March 19, 2024 AGENDA 5:00 P.M. CALL TO ORDER Pledge of Allegiance. Roll Call. ANNOUNCEMENTS These proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link. PUBLIC COMMENTS This is the time for the public to address the Planning Commission on issues within the jurisdiction of the Commission that are NOT on this agenda. All comments are to be directed to the Chair of the Commission and shall not consist of any personal attacks. Members of the public are expected to maintain a professional, courteous decorum during their comments. There is a time limitation of three minutes per person. If you haven’t already done so, please fill out name and address slips and give them to the Planning Commission Secretary. The Planning Commission is prohibited by the Brown Act (State law) from taking action or discussing at length items not included on the printed agenda. Public comments on specific agenda items will be deferred until consideration of the item on the agenda. COMMISSION COMMENTS AND REPORTS OF MEETINGS ATTENDED CONSENT CALENDAR All items listed on consent calendar are routine matters or formal documents covering previous Planning Commission action. Items are enacted by one motion and a second without separate discussion unless a member of the Planning Commission or City staff requests dialog on a specific item at the beginning of the meeting. 1 Approval of the Planning Commission Meeting Minutes of February 6, 2024. 3-5 Planning Commission - Regular Meeting - 06 Feb 2024 - Minutes - Pdf Page 1 of 38  2 Approval of the Planning Commission Meeting Minutes of February 20, 2024. 7-9 Planning Commission - Regular Meeting - 20 Feb 2024 - Minutes - Pdf ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION PUBLIC HEARINGS 3 29 Palms Farmers Market 11 - 38 That the Planning Commission find the project exempt from CEQA, and adopt the resolution, amending the Conditions of Approval. 29 Palms Farmers Market - Pdf DISCUSSION AND POTENTIAL ACTION ITEMS COMMUNITY DEVELOPMENT DIRECTOR UPDATES STUDY SESSION 4 Housing and Homeless Committee - Updates ADJOURNMENT It is the intention of the City of Twentynine Palms to comply with the Americans with Disabilities Act in all respects. If you are a person with a disability who requires a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, please request such modification or accommodation from the City Clerk at (760) 367- 4890 (facsimile). Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting. Please advise us at the time whether you will require accommodations to participate in meetings on a regular basis. Any person affected by any application on this agenda may submit their concerns in writing prior to the meeting or appear in person and be heard in support or opposition to the proposal at the time the matter is considered on the agenda. The staff reports, applications and environmental documents may be viewed at either the office of Community Development or the office of the City Clerk, 6136 Adobe Road, from 7:00 a.m. until 6:00 p.m. Monday through Thursday, except legal holidays. The Invocation is given per Policy 10-01, and does not reflect the views of the City but rather is an expression of speech by a private citizen making the presentation. Telephone inquiries may be made at (760) 367-6799. If you challenge any agenda issue in court, you may be limited to raising only those issues that you or someone else raised at the public meeting described in this notice, or in written correspondence delivered to the City of Twentynine Palms at, or prior to, the public meeting. This notice of agenda is hereby certified to have been posted on or before 5:00 p.m., March 13, 2024. Cindy Villescas CMC, City Clerk Time/Date Page 2 of 38  TWENTYNINE PALMS PLANNING COMMISSION Regular Meeting City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 www.29palms.org February 6, 2024 Minutes CALL TO ORDER-Chair Krushat called the meeting to order at 5:00 p.m. Pledge of Allegiance-Chair Krushat led the Pledge of Allegiance. Roll Call-The following Commissioners were present: Cure, Garcia, Paahana, Walker, Krushat. ANNOUNCEMENTS Chair Krushat announced these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link. PUBLIC COMMENTS Gretchen Grunt, Twentynine Palms spoke in opposition of glamping. She pointed out that great shifts are occurring in our City and would like staff to consider our kind community and to research other communities to grow intelligently. Dana Longuevan, Twentynine Palms spoke in opposition of the Yonder project proposed in Indian Cover area. She added that these projects don't belong in rural parcels and thinks they should find another location. Susan Peplow, Joshua Tree commented regarding Wonder/Reset project and said that City staff should encourage developers to be proud to develop in Twentynine Palms. Xarene Eskandor, Twentynine Palms spoke regarding Hip Camp and is not in favor of the City possibly changing the codes to allow camping. Ashton Ramsey, Twentynine Palms spoke in favor of the Wander/ Reset Hotel. COMMISSION COMMENTS AND REPORTS OF MEETINGS ATTENDED Commissioner Cure thanked PC Secretary Green for organizing the Planning Commissioners Academy. Commissioner Paahana attended the Mayors social at Fans Sports Bar. The mayor will be doing these less formal socials at various locations to speak with him. Vice Chair Walker said he attended the Mayors social and would like to encourage people to go and meet the Mayor. He said he also attended the last City Council meeting. Commissioner Garcia said he attended the TBID meeting, a DBA meeting and meeting with the Black Cactus. Chair Krushat attended a board meeting for the Historical Society. He added that if anyone in town would like to learn about the history in Twentynine Palms to visit our museum and get involved. Chair Krushat mentioned that the Historical Society has a lot of upcoming events including the Desert Rats celebration in May. Page 1 of 3 Page 3 of 38  Planning Commission - Regular Meeting February 6, 2024 CONSENT CALENDAR 1. Approval of the Planning Commission Meeting Minutes of January 16, 2024. ACTION: A motion was made by Commissioner Paahana, seconded by Commissioner Garcia, to approve the consent calendar as submitted. The above motion was carried by the following: ROLL CALL VOTE: Ayes: Cure, Garcia, Paahana, Walker, Krushat Noes: NONE Abstain: NONE Absent: NONE ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION-NONE PUBLIC HEARINGS 2. VER23-000001 Vacation of Foothill Drive Between Bullion and Split Rock 1. Find that the vacation of Foothill Drive between Bullion Avenue and Split Rock Avenue complies with the General Plan 2. Find that the vacation of Foothill Drive between Bullion Avenue and Split Rock Avenue does not violate any General Plan policies 3. Approve of the vacation of Foothill Drive between Bullion Avenue and Split Rock Avenue. 4. Adopt the Resolution 5. Find the project exempt from CEQA Director Gardner presented the staff report to the Commission. Commissioner Paahana asked if Foothill was undeveloped. Director Gardner clarified that Foothill is undeveloped and that the road vacation would revert back to its original ownership. Chair Krushat opened the Public Hearing. Ashton Ramsey, Twentynine Palms, spoke in favor of the item. Veno Nathraj, Twentynine Palms, spoke in favor of the item. Anonymous, Twentynine Palms - Chair Krushat read an anonymous email into the record in opposition of the item due to City Conditions of Approval to develop Foothill. Anonymous said it violates the General Plan. Vickie Bridenstine, NV5, the applicant, spoke on behalf of the Reset Hotel in favor of the Vacation of Easement. Chair Krushat closed the Public Hearing. Page 2 of 3 Page 4 of 38  Planning Commission - Regular Meeting February 6, 2024 ACTION: A motion was made by Vice Chair Walker, seconded by Chair Krushat, to approve the item as submitted The above motion was carried by the following: ROLL CALL VOTE: Ayes: Cure, Garcia, Paahana, Walker, Krushat Noes: NONE Abstain: NONE Absent: NONE DISCUSSION AND POTENTIAL ACTION ITEMS-NONE COMMUNITY DEVELOPMENT DIRECTOR UPDATES Director Gardner noted that the Commissioners will be attending the Planning Commission Academy in Long Beach March 6-8, 2024 and will have to cancel the March 5, 2024 meeting. The next scheduled PC and Housing & Homeless Committee meeting will be March 19, 2024. STUDY SESSION-NONE ADJOURNMENT- Chair Krushat adjourned the meeting at 5:30 p.m. Respectfully Submitted, Shelley Green, Planning Commission Secretary Page 3 of 3 Page 5 of 38 Page 6 of 38  TWENTYNINE PALMS PLANNING COMMISSION Regular Meeting City Hall, 6136 Adobe Road, Twentynine Palms, CA 92277 www.29palms.org February 20, 2024 Minutes CALL TO ORDER-Chair Krushat called the meeting to order at 5:00 p.m. Pledge of Allegiance- Chair Krushat led the Pledge of Allegiance. Roll Call - The following Commissioners were present: Cure, Garcia, Paahana, Walker, Krushat ANNOUNCEMENTS Chair Krushat announced these proceedings may be viewed on demand on the City of Twentynine Palms website at www.29palms.org. You may also Live Stream this meeting by going on the City website and clicking on the "Meeting Agendas" link. PUBLIC COMMENTS Heidi Heard, Twentynine Palms - Chair Krushat read email comment in to record in opposition to the OfLand/ Yonder project. Cindy Bernard, Twentynine Palms commented in opposition to Yonder. She commented regarding the 29! sign and suggested a professional should design the space. Susan Peplow, Joshua Tree, provided status of the Good Neighbor class and added that quiz results are available to City Code Enforcement. Susan commented that community members are frustrated with reporting complaints on CitizenServe adding that submissions are not feeling validated. COMMISSION COMMENTS AND REPORTS OF MEETINGS ATTENDED Commissioner Cure said she attended the special TBID meeting. CONSENT CALENDAR 1. Housing Element Annual Report The Planning Commission accept and forward the Housing Element Annual Progress Report to the City Council. Community Development Director Gardner (Director Gardner) provided a quick overview of the Housing Element Annual Report. ACTION: A motion was made by Commissioner Paahana, seconded by Commissioner Cure, to approve the consent calendar as submitted. Page 1 of 3 Page 7 of 38  Planning Commission - Regular Meeting February 20, 2024 The above motion was carried by the following: ROLL CALL VOTE: Ayes: Cure, Garcia, Paahana, Walker, Krushat Noes: NONE Abstain: NONE Absent: NONE ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION-NONE PUBLIC HEARINGS 2. DCA23-000004 Special Occupancy Parks That the Planning Commission discuss the regulations for Special Occupancy Parks, provide direction to staff and postpone the hearing to a future meeting. Director Gardner presented a brief staff report to the Commission. Chair Krushat opened the Public Hearing. Michal Rosenoer, Hip Camp, Chair Krushat read her email in favor of campgrounds. John Talley-Jones, Twentynine Palms, Chair Krushat read his email in opposition of campgrounds. Heidi Heard, Twentynine Palms, Chair Krushat read her email in opposition of campgrounds. Gretchen Grunt, Twentynine Palms spoke in opposition of campgrounds. Douglas Cooper, Twentynine Palms spoke in opposition of campgrounds. Cindy Bernard, Twentynine Palms spoke in opposition of campgrounds. Chair Krushat closed the Public Hearing. Chair Krushat commented that he would like to allow camping in some zones but keep out of residential areas. Commissioner Cure said she would like to keep camping out of the National Park buffer zone. The Commission had a lengthy discussion regarding the item. The consensus of the Commission is to have staff come up with regulations to allow campgrounds in Public and Tourist Commercial land use zones. ACTION: A motion was made by Chair Krushat, seconded by Vice Chair Walker, to have staff come up with regulations to allow campgrounds in Public and Tourist Commercial land use zones and continue the Public Hearing to a future meeting. The above motion was carried by the following: ROLL CALL VOTE: Ayes: Cure, Garcia, Paahana, Walker, Krushat Noes: NONE Abstain: NONE Absent: NONE Page 2 of 3 Page 8 of 38  Planning Commission - Regular Meeting February 20, 2024 DISCUSSION AND POTENTIAL ACTION ITEMS-NONE COMMUNITY DEVELOPMENT DIRECTOR UPDATES 3. Vacation Home Rentals Violation Database The Planning Commission review and receive the current Vacation Home Rentals Violation Database and Current Statistics. Director Gardner introduced Code Enforcement Officer Chris Giunta. Code Officer Giunta gave a brief presentation and provided stats and violation matrix. The Commission had a discussion regarding the item and likes the approach. Chair Krushat opened to Public Comment. Heidi Heard, Twentynine Palms, Chair Krushat read her email into the record expressing her dissatisfaction and frustrations with the VHR complaint reporting process. Susan Peplow, Joshua Tree feels the process is a little to dynamic and would like to see VHR's set up for success. She added that she thinks the data is inaccurate. Cindy Bernard, Twentynine Palms said the data is good but difficult to find information. She suggested the City create a map of VHR violations to include the VHR addresses. Chair Krushat closed Public Comment. Chair Krushat would like Code Enforcement to add a violation date. Director Gardner announced the March 5, 2024, the Planning Commission meeting is cancelled due to the Planning Commissioners Academy. He added that the next Planning Commission meeting will be March 19, 2024. STUDY SESSION-NONE ADJOURNMENT- Chair Krushat adjourned the meeting at 6:27 p.m. Respectfully Submitted, Shelley Green, Planning Commission Secretary Page 3 of 3 Page 9 of 38 Page 10 of 38  STAFF REPORT TO: Planning Commission FROM: Assistant Planner FOR MEETING: Mar 19 2024 SUBJECT: 29 Palms Farmers Market RECOMMENDATION: That the Planning Commission find the project exempt from CEQA, and adopt the resolution, amending the Conditions of Approval. ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report Commission Questions of Staff • Planning Commission Open the Public Hearing Resolution Receive Public Comment Close the Public Hearing Commission Discussion • Draft Conditions of Approval - Motion/Second Farmers Market Discussion on Motion Call the Question • Current Conditions of Approval - Farmers Market • Chapter 19.110_Farmers Market Uses • Letter regarding the Farmers Market BACKGROUND: On August 06, 2019, the Planning Commission approved PC-18-40, a Conditional Use Permit for the 29 Palms Farmers Market. The project was located at Bucklin Park at the northeast corner of 29 Palms Hwy and Desert Queen Avenue. On February 01, 2022, an amendment to the CUP was approved, relocating the farmers market to Freedom Plaza. As it stands, the conditions of approval are relatively vague in nature with regards to basic site plan requirements, business / environmental health license records of vendors, and performance / cleanup expectations. The City has received complaints regarding the conditions at the farmers market, Page 11 of 38 including trash disposal, lack of appropriate permits and lack of adequate access. The applicant is also not in compliance with the current Conditions of Approval. This has necessitated staff bringing the Conditional Use Permit back to the Commission for review and for amendment to the Conditions of Approval. In particular, in the current Conditions of Approval, condition #6 pertaining to mats/ground covering and condition #7 pertaining to trash receptacles and trash removal have not been complied with. Staff has worked with the applicant and has made enhancements to various conditions to address these issues. Condition #4 requires a security deposit to cover the cost of any repairs or maintenance. Condition #5 requires the applicant to pay the Use of Facility fee as per the City's Fee Schedule. Condition # 6 places an expiration date on the CUP. Condition #10 raises the insurance requirement to $2 million dollars. Condition #13 requires a complete and accurate site plan to be submitted. Condition #23 requires the applicant to submit a list of current vendors on a quarterly basis and to notify the City of any new vendors. Condition #24 allows for two designated spaces for potential new vendors to test out the Farmers Market. Condition #25 requires all vendors to obtain a City Business License. Condition # 26 requires all food vendors to obtain all necessary permits from the City, the County and the State. Conditions #27 identifies that City staff will conduct an inspection of the Farmers Market a minimum of four times per year. It should be of particular note to the Planning Commission that there is now a definitive "life of permit" condition (Condition # 6). This means that there is an initial 4-year term on this approval, with an optional one 1-year extension. At the conclusion of the term, a new CUP will need to be applied for and approved. Required findings: 1.That the proposed design and location of the conditional use and the conditions under which it will be operated are in accordance with the purpose of this Development Code, the zoning regulations applicable to the site, the City of Twentynine Palms General Plan, and other applicable development policies and standards of the City. The review of the Conditional Use Permit is to amend the Conditions of Approval. Freedom Plaza was created as a community space and the use of the location as a Farmers Market is in compliance with the development standards of the Development Code and the goals and policies of the City's General Plan. 2.That the proposed design and location of the conditional use and the conditions under which it will be operated will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. With compliance to the revised Conditions of Approval, the project will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. 3.That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity. The site is adequate in size and shape for the proposed project and with compliance with the revised Conditions of Approval, the project will not have an adverse impact on neighboring properties or the community in general. ENVIRONMENTAL: The project is exempt from CEQA pursuant to Section 15301, Existing Facilities. ALTERNATIVES: 1. Request additional information from staff and postpone the hearing to date certain. 2. Make modifications to the conditions of approval and approve with recommendations. 3. Forward to the City Council for review. FISCAL IMPACT: Page 12 of 38 None Page 13 of 38  CITY OF TWENTYNINE PALMS PLANNING COMMISSION RESOLUTION NO. 24-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, AMENDING THE CONDITIONS OF APPROVAL FOR THE CONDITIONAL USE PERMIT FOR THE 29 PALMS FARMERS MARKET, LOCATED AT 6547 FREEDOM WAY (FREEDOM PLAZA). (APN: 0617-113-10) WHEREAS, a Conditional Use Permit was approved on August 06, 2019 for the establishment of farmers market on the northeast corner of Desert Queen Avenue and Twentynine Palms Highway, (APNS: 0618-222-02, 0618-222-03, 0618-222-04, and 0618-222-05); and WHEREAS, the Planning Commission approved the relocation of the Farmers Market to Freedom Plaza, 6547 Freedom Way (APN: 0617-113-10)on February 01, 2022; and WHEREAS, a Public Hearing notice for PC 18-40 was published in the Desert Trail, a newspaper of record, on March 06, 2024; and WHEREAS, a Public Hearing was held by the Planning Commission on Tuesday, March 19, 2024, at which time the Commission adopted Planning Commission Resolution No. 24-__, approving an amendment to the Conditions of Approval for PC 18- 40, a Conditional Use Permit for the 29 Palms Farmers' Market; and WHEREAS, Pursuant to Section 15301 of the CEQA Guidelines the request to modify the Conditions of Approval for the Farmers Market does not have the potential to have an adverse impact upon the environment and is, therefore, Categorically Exempt from further environmental review; and WHEREAS, the Planning Commission finds on the basis of the whole record before it (including the review of CEQA requirements and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that this determination reflects the Planning Commission's independent judgment and analysis: and WHEREAS, with respect to the amendment to the Conditions of Approval for the Conditional Use Permit, the Planning Commission makes the following Findings: 1.That the proposed design and location of the conditional use and the conditions under which it will be operated are in accordance with the purpose of this Development Code, the zoning regulations applicable to the site, the City of Twentynine Palms General Plan, and other applicable development policies and standards of the City. The review of the Conditional Use Permit is to amend the Conditions of Approval. Freedom Plaza was created as a community space and the use of the location as a Farmers Market is in compliance with the development standards of the Development Code and the goals and policies of the City's General Plan. 1 Page 14 of 38 2.That the proposed design and location of the conditional use and the conditions under which it will be operated will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. With compliance to the revised Conditions of Approval, the project will not be detrimental to the public health, safety or welfare, or materially injurious to uses, properties or improvements in the vicinity. 3.That the proposed site is adequate in size and shape to accommodate the use and integrate it with the existing and planned uses in the vicinity. The site is adequate in size and shape for the proposed project and with compliance with the revised Conditions of Approval, the project will not have an adverse impact on neighboring properties or the community in general. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Twentynine Palms adopts Planning Commission Resolution No. 24-__, and in so doing determines that the project is exempt from further environmental review, amends the Conditions of Approval for the Conditional Use Permit for the 29 Palms Farmers' Market; subject to the attached Conditions of Approval, incorporated herein by reference as Attachment "A." APPROVED AND ADOPTED THIS 19th DAY OF MARCH 2024. AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS ABSTAIN: COMMISSION MEMBERS: Jim Krushat, Chair I hereby certify that the foregoing is a true copy of Planning Commission Resolution No. 24- __ duly adopted by the Planning Commission of the City of Twentynine Palms in a meeting held on the 19th day of March 2024, in the City of Twentynine Palms, California. Dated this 19th day of March 2024 Cindy Villescas City Clerk, CMC 2 Page 15 of 38 CITY OF TWENTYNINE PALMS DRAFT CONDITIONS OF APPROVAL PC 18-40 Conditional Use Permit 29 Palms Farmers’ Market Applicant: Roger Thomas Location: 6547 Freedom Way APN: 0617-113-29 Approved: March 19, 2024 Expires: March 19, 2028 General Conditions 1. All Conditions are continuing Conditions. Failure of the Applicant and/or operator to comply with any of the said Conditions at any time may result in the revocation of the Conditional Use Permit and/or citation for code violation. 2. The applicant shall be responsible for payment of all applicable fees, including reimbursement for all City expense in ensuring compliance with the Conditions of Approval. 3. The applicant shall provide a signed copy of the Conditions of Approval to the Planning Division within 10 days of approval. 4. The applicant shall pay the City of Twentynine Palms $1,000.00 as a security deposit for damages or clean up. When a portion is used, it will be the applicant's responsibility to reimburse the costs within 30 days to maintain the balance of $1,000.00. Applicant will be notified by the City of Twentynine Palms of such occurrence that cause the use of funds. Such security deposit will be returned to the applicant upon the end of this Conditional Use Permit term listed above, provided the premises are left in the same condition as prior to occupancy. Applicant has the opportunity to correct the deficiency in a timely manor before charged for clean up or damages. 5. The weekly Use of Facility fee to be paid by the Applicant to the City of Twentynine Palms is $50.00. It is to be paid by the Applicant, on the first day of every quarter for a total of $600.00 (totaling $2,400.00 per year), beginning on April 02, 2024. 6. At the end of the term of this CUP, no further Farmer’s Market activities are allowed unless an extension is approved by the Planning Commission, or a new Conditional Use Permit is approved by the Planning Commission. No more than one 1-year extension be granted. Violation of these conditions of approval may result in fines, suspensions or revocation. The applicant is responsible for the initiation of an extension request. Planning Conditions 1 Page 16 of 38 7. The Hours of Operation are Saturdays from 6 AM to 2 PM, including set-up and teardown times. No change of hours may occur without written approval from the City of Twentynine Palms, with no less than one-week advanced notice from Applicant. 8. Any additional events outside of the approved Farmers Market will require a Use of Facility agreement to be submitted to the Recreation Department for review and approval. 9. Each vendor shall provide adequate mats/ground covering to protect the pavers/concrete from damage by the vendor’s equipment. 10. The applicant shall provide trash receptables and shall remove all trash from the property at the end of each event. The 29 Palms Farmers Market is permitted to use the city dumpsters located in the East dumpster enclosures. (City dumpsters prominently display the city seal) 11. Applicant shall maintain insurance in the amount of $2 million dollars, listing the City as additional insured and shall provide an updated certificate and endorsement to the Planning Division and to the Recreation Dept. each year. 12. The property owner/applicant shall keep the property neat, clean, and in good physical condition including open spaces, sidewalks, lighting, driveways, parking areas, and landscaping. 13. Each structure used in association with the farmers market shall conform to all Fire Department standards and criteria. 14. A complete and accurate site plan or diagram shall be submitted to the City showing vendor locations, typical booth sizes, location of food trucks, certified food vendors, emergency access, and locations of potential new vendors. ADA access shall be maintained at all times. This shall be submitted to the City prior to the first event. 15. Access for the physically handicapped shall be provided per the requirements of the Americans with Disabilities Act (ADA) and Title 24 of the California Code of Regulations. 16. All merchandise displayed or made available shall not be placed in a manner so as to become a visual distraction to motorists or pedestrians using the adjoining public right-of-way or interfere with traffic signals or controls. 17. The farmers market may include live or recorded music, street performers and/or other forms of live entertainment. The applicant shall obtain all required licenses (i.e. ASCAP, BMI, or SESAC) prior to any performances. 18. Traditional “kiddie rides,” such as inflatable or mechanical rides/devices (merry- go- rounds and the like) or animal rides, are expressly prohibited. 2 Page 17 of 38 19. All merchandise (including arts and crafts, flowers, and prepared and raw food items) displayed or made available shall consist of new items, collectables and/or antiques (as defined herein) and new handmade crafts. No second-hand or previously used items (except antiques and collectables) shall be displayed or allowed for sale. No items shall be displayed upon the ground, except those items which, by their nature, are too large or too heavy to be placed upon a display table. An antique is defined as any handmade or manufactured product, such as a work of art, piece of furniture, jewelry, clothing or decorative object, of at least 50 years of age or which is indicative of a specific period of craftsmanship and design. Further, a collectible is any mass- produced product, no longer manufactured and of limited availability, such as coins, books, stamps, clothing, bric-a-brac, curios or similar objects, regardless of its age, which represents an earlier period, style or fad, and which, when originally produced, carried an inexpensive retail price but has taken on an intrinsic value greater than that original value and which continues to appreciate with time. 20. The sale, display, or complementary exchange (free giveaway) of domestic animals (including dogs, cats, birds, fish, rabbits, chickens, and ducks) or livestock of any type is expressly prohibited. Further, domestic animals (except service animals) or livestock shall not accompany their human hosts, or be allowed to freely roam, at any site approved for a farmers’ market during such events. Palms-N-Paws Shelter is allowed to host an information booth and/or adoption event in an appropriate space. 21. The operator of any approved farmers market use shall ensure that a sufficient number of adequately trained staff are available at each event to properly maintain traffic circulation and control at all times. 22. The Applicant shall ascertain and comply with requirements of all State, County and Local agencies as are applicable to the project. 23. The applicant shall, at its sole cost and expense, indemnify, defend (with counsel selected by the City), release, and hold harmless the City and any agency or instrumentality thereof, including any of its officers, employees, commissions, and agents (hereinafter the “Indemnities”), from and against any and all claims, actions, or proceedings, of any type or nature, arising out of or in any way relating to the processing and/or approval of this Project. The obligations set forth in this Condition shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted by any person or entity against the Indemnitees, arising out of or relating to the processing or approval of this Project, without regard to any allegations of fault on the part of the Indemnities. In the event the obligation to defend or indemnify the Indemnitees as set forth herein should arise, upon demand by the Community Development Director the applicant shall within 10 calendar days, deposit an amount with the City which the Community Development Director reasonably deems necessary to secure such obligation. This deposit may be used by City to pay the defense or indemnification obligations arising hereunder; and, further, should any such amounts be utilized by the City the deposit shall be replenished by the applicant within 10 calendar days of any demand by the Community Development Director to do so. The amount of the deposit required hereunder may be increased or decreased at any time by the Community 3 Page 18 of 38  Development Director, in his discretion, based upon his determination as to the funds reasonably necessary at any given time to ensure compliance with the obligations hereof, and any demand to increase the deposit shall be complied within 10 calendar days. Any amounts deposited and ultimately not utilized shall be returned to the applicant. 24. Applicant shall provide an updated list of vendors that participate in the Farmers Market on a quarterly basis and shall immediately notify City staff of any new vendors. 25. The City of Twentynine Palms will allow two “designated” spaces for two “Potential New Vendors” to decide if their products are profitable at the 29 Palms Farmers Market prior to purchasing a City of Twentynine Palms business license. No more than two “Potential New Vendors” are allowed per weekend. The “Potential New Vendors” do not have to appear at the 29 Farmers Market on consecutive Saturdays. Space size may vary upon “Potential New Vendors” product. 26. All vendors must have an active City of Twentynine Palms business license and yellow City Approved Vendor Sticker displayed in a publicly visible space. The City Approved Vendor Sticker color will change yearly. Yellow is the color for 2024 (January – December). Vendors certified by California Department of Farm and Agriculture (CDFA) are exempt from obtaining a City Business License. 27. Food vendors must have all required paperwork and licensing required by the City of Twentynine Palms, County of San Bernardino, and State of California. Applicant must have a copy of all vendor documents onsite during open hours of operation. 28. The City of Twentynine Palms will conduct a site inspection during hours of operation no less than 4 times per year. Code Enforcement Officer will verify that all vendors are in compliance with current Conditions of Approval and are displaying current year City issued City Approved Vendor Sticker. Applicant will be notified of any noncompliance. The undersigned applicant verifies that he/she has read the Conditions of Approval, understands each Condition, and agrees to adhere to the Conditions of Approval. Applicant: Roger Thomas Date 4 Page 19 of 38 CITY OF TWENTYNINE PALMS CONDITIONS OF APPROVAL PC 18-40 Conditional Use Permit 29 Palms Farmers’ Market Applicant: Roger Thomas Location: 73551 Twentynine Palms Hwy APN: 0617-113-10 Approved: February 01, 2022 Expires: February 01, 2024 (to commence activities) General Conditions 1. All Conditions are continuing Conditions. Failure of the Applicant and/or operator to comply with any of the said Conditions at any time may result in the revocation of the Conditional Use Permit and/or citation for code violation. 2. The applicant shall be responsible for payment of all applicable fees, including reimbursement for all City expense in ensuring compliance with the Conditions of Approval. 3. The applicant shall provide a signed copy of the Conditions of Approval to the Planning Division within 10 days of approval. Planning Conditions 4. Approval is granted by the Planning Commission, acting as Approval Authority, for the operation of a farmers’ market located at 73551 Twentynine Palms Hwy, Twentynine Palms, CA 92277. 5. The Hours of Operation are Saturdays from 8 AM to 1 PM, excluding set-up and teardown times. The operator of the Farmers Market may choose alternate hours of 5 PM to 9 PM on Saturdays. The applicant shall provide thirty-day notice to the City prior to the change of operating hours. 6. Each vendor shall provide adequate mats/ground covering to protect the pavers/concrete from damage by the vendor’s equipment. 7. The applicant shall provide trash receptables and shall remove all trash from the property at the end of each event. 8. Applicant shall maintain insurance in the amount of $1 milliion dollars, listing the City as additional insured and shall provide an updated certificate and endorsement to the City each year. Page 20 of 38 9. The property owner/applicant shall keep the property neat, clean, and in good physical condition including open spaces, sidewalks, lighting, driveways, parking areas, and landscaping. 10. Each structure used in association with the farmers market shall conform to all Fire Department standards and criteria. 11. Access for the physically handicapped shall be provided per the requirements of the Americans with Disabilities Act (ADA) and Title 24 of the California Code of Regulations. 12. All merchandise displayed or made available shall not be placed in a manner so as to become a visual distraction to motorists or pedestrians using the adjoining public right-of-way or interfere with traffic signals or controls. 13. The farmers market may include live or recorded music, street performers and/or other forms of live entertainment. 14. Traditional “kiddie rides,” such as inflatable or mechanical rides/devices (merry- go- rounds and the like) or animal rides, are expressly prohibited. 15. All merchandise (including arts and crafts, flowers, and prepared and raw food items) displayed or made available shall consist of new items, collectables and/or antiques (as defined herein) and new handmade crafts. No second-hand or previously used items (except antiques and collectables) shall be displayed or allowed for sale. No items shall be displayed upon the ground, except those items which, by their nature, are too large or too heavy to be placed upon a display table. An antique is defined as any handmade or manufactured product, such as a work of art, piece of furniture, jewelry, clothing or decorative object, of at least 50 years of age or which is indicative of a specific period of craftsmanship and design. Further, a collectible is any mass- produced product, no longer manufactured and of limited availability, such as coins, books, stamps, clothing, bric-a-brac, curios or similar objects, regardless of its age, which represents an earlier period, style or fad, and which, when originally produced, carried an inexpensive retail price but has taken on an intrinsic value greater than that original value and which continues to appreciate with time. 16. The sale, display or complementary exchange (free giveaway) of domestic animals (including dogs, cats, birds, fish, rabbits, chickens, and ducks) or livestock of any type is expressly prohibited. Further, domestic animals (except service animals) or livestock shall not accompany their human hosts, or be allowed to freely roam, at any site approved for a farmers market during such events. 17. The operator of any approved farmers market use shall ensure that a sufficient number of adequately trained staff are available at each event to properly maintain traffic circulation and control at all times. Page 21 of 38 18. The Applicant shall ascertain and comply with requirements of all State, County and Local agencies as are applicable to the project. 19. The applicant shall, at its sole cost and expense, indemnify, defend (with counsel selected by the City), release, and hold harmless the City and any agency or instrumentality thereof, including any of its officers, employees, commissions, and agents (hereinafter the “Indemnities”), from and against any and all claims, actions, or proceedings, of any type or nature, arising out of or in any way relating to the processing and/or approval of this Project. The obligations set forth in this Condition shall include, but not be limited to, suits, damages, judgments, costs, expenses, liens, levies, attorney fees or expert witness fees that may be asserted by any person or entity against the Indemnitees, arising out of or relating to the processing or approval of this Project, without regard to any allegations of fault on the part of the Indemnities. In the event the obligation to defend or indemnify the Indemnitees as set forth herein should arise, upon demand by the Community Development Director the applicant shall within 10 calendar days, deposit an amount with the City which the Community Development Director reasonably deems necessary to secure such obligation. This deposit may be used by City to pay the defense or indemnification obligations arising hereunder; and, further, should any such amounts be utilized by the City the deposit shall be replenished by the applicant within 10 calendar days of any demand by the Community Development Director to do so. The amount of the deposit required hereunder may be increased or decreased at any time by the Community Development Director, in his discretion, based upon his determination as to the funds reasonably necessary at any given time to ensure compliance with the obligations hereof, and any demand to increase the deposit shall be complied with within 10 calendar days. Any amounts deposited and ultimately not utilized shall be returned to the applicant. The undersigned applicant verifies that he/she has read the Conditions of Approval, understands each Condition, and agrees to adhere to the Conditions of Approval. Applicant: Roger Thomas Date Page 22 of 38 City of Twentynine Palms Development Code Article 5, Special Use Regulations Chapter 19.110 Farmers Market Uses Sections 19.110.010 Purpose ........................................................................................................ 19.110-1 19.110.020 Applicability ................................................................................................ 19.110-1 19.110.030 Permit Required ........................................................................................... 19.110-1 19.110.040 Development and Operational Standards ...................................................... 19.110-2 19.110.050 Maintenance and Cleaning of Premises ......................................................... 19.110-5 19.110.060 Annual Inspection ........................................................................................ 19.110-6 19.110.070 Outstanding Citations ................................................................................... 19.110-6 19.110.080 Penalty for Noncompliance .......................................................................... 19.110-6 19.110.010 Purpose The purpose of this Chapter is to permit and establish the regulations for farmers market uses, defined herein, which may, by their nature, require an increased level of regulation to ensure that such uses do not become a detriment to the health, safety and public welfare of the community of Twentynine Palms. 19.110.020 Applicability The requirements of this Chapter shall apply to all farmers market uses. 19.110.030 Permit Required A. Permit Required. No farmers market use shall be permitted, engaged in or commenced unless first obtaining a permit as follows: 1. Temporary Use Permit. Farmers market uses of four events or less, not exceeding 28 days total (for any location, regardless of operator), and not exceeding seven consecutive calendar days of consecutive operation in any calendar year, shall require approval of a Temporary Use Permit in accordance with Chapter 19.34 (Temporary Use Permit and Standards). 2. Conditional Use Permit. Farmers market uses of more than four events, not exceeding 120 days total (for any location, regardless of operator), in any calendar year shall require approval of a Conditional Use Permit in accordance with Chapter 19.42 (Conditional Use Permit). B. Business License Required. A valid Business License shall be required for the principal operator of any approved farmers market use and for each vendor within/at a farmers market use. Adopted July 26, 2016 Effective August 25, 2016 Page 19.110-1 Farmers Market Uses Page 23 of 38 City of Twentynine Palms Development Code Article 5, Special Use Regulations 19.110.040 Development and Operational Standards Failure to comply and/or conform with the following standards shall constitute a violation of the City’s Municipal Code and shall be grounds to revoke an approved permit for a farmers market use. A. Locational Standard. A property used as a farmers market use shall be separated from any other property used for the same purpose by a minimum of 1 mile. A lesser separation distance may be allowed through the Conditional Use Permit process if sufficient evidence has been provided that illustrates that, due to the unique character of the property or properties requesting approval or due to the unique hours/days of operation of activities being considered under the permit, a lesser distance is appropriate. B. Noticing. All property owners within 300 feet of the exterior perimeter of the property whereupon the farmers market use will be located shall be notified. C. Structural and Design Features. 1. Each structure used in association with a farmers market shall conform to all Fire Department standards and criteria. 2. Access for the physically handicapped shall be provided per the requirements of the Americans with Disabilities Act (ADA) and Title 24 of the California Code of Regulations. 3. Alterations and modifications made to any structure(s) and to the site used for a farmers market use shall be consistent and compatible with, and complementary to, the character of the surrounding neighborhood as determined by the Planning Commission. Alterations and modifications made to any on-site structure shall comply with all applicable provisions, requirements and standards of the City’s Municipal Code and all applicable Uniform Codes and Fire Codes/Regulations. 4. The appearance of any structure(s) on-site shall not be altered nor occupied in a manner which would cause the premises to differ from its original character either by the use of colors, materials, construction, lighting or signs, or the emission of sounds, noises and vibrations. 5. Any lights used to illuminate a site used for a farmers market purpose shall be designed so as to reflect away from adjoining properties and all public rights-of-ways, and shall comply with Chapter 19.78 (Lighting Standards). 6. All merchandise displayed or made available shall not be placed in a manner so as to become a visual distraction to motorists or pedestrians using the adjoining public right-of-way, or interfere with traffic signals or controls. Adopted July 26, 2016 Effective August 25, 2016 Page 19.110-2 Farmers Market Uses Page 24 of 38 City of Twentynine Palms Development Code Article 5, Special Use Regulations D. Operational Standards. 1. Hours of Operation. The specific days and hours of operation of any farmers market use shall be identified and specifically considered/approved by the approving authority in its review of the required permit. 2. A farmers market use may include, with Planning Commission approval, live or recorded music, street performers and/or other forms of live entertainment. Traditional “kiddie rides,” such as inflatable or mechanical rides/devices (merry-go-rounds and the like) or animal rides, are expressly prohibited. 3. Farmers market uses may be conducted either indoor or outdoor, or both. 4. All merchandise (including arts and crafts, flowers, and prepared and raw food items) displayed or made available shall consist of new items, collectables and/or antiques (as defined herein) and new handmade crafts. No second-hand or previously used items (except antiques and collectables) shall be displayed or allowed for sale. No items shall be displayed upon the ground, except those items which, by their nature, are too large or too heavy to be placed upon a display table. An antique is defined as any handmade or manufactured product, such as an automobile, a work of art, piece of furniture, jewelry, clothing or decorative object, of at least 50 years of age or which is indicative of a specific period of craftsmanship and design. Further, a collectible is any mass-produced product, no longer manufactured and of limited availability, such as coins, books, stamps, clothing, bric-a-brac, curios or similar objects, regardless of its age, which represents an earlier period, style or fad, and which, when originally produced, carried an inexpensive retail price but has taken on an intrinsic value greater than that original value and which continues to appreciate with time. 5. The sale, display or complementary exchange (free giveaway) of domestic animals (including dogs, cats, birds, fish, rabbits, chickens, and ducks) or livestock of any type is expressly prohibited. Further, domestic animals (except service animals) or livestock shall not accompany their human hosts, or be allowed to freely roam, at any site approved for a farmers market during such events. 6. Public address systems shall not be used after 9:00 p.m. Sunday through Thursday and 10:00 p.m. on Friday and Saturday. Noise levels from the public address system shall not exceed 65 dBA at the property lines. E. Records and Performance Deposit. 1. Records of all vendors who participate in any approved farmers market shall be preserved for a minimum period of three years before such records are discarded. Such records shall be made available to the City within five working days upon written request from the City. Failure to preserve vendor records or failure to present vendor records when requested by the City shall be grounds to revoke the approved permit. Adopted July 26, 2016 Effective August 25, 2016 Page 19.110-3 Farmers Market Uses Page 25 of 38 City of Twentynine Palms Development Code Article 5, Special Use Regulations 2. A deposit of $1,000 shall be maintained and remain with the City Finance Department during the life of the approved farmers market use. The City shall have the right to withdraw sufficient funds from this deposit to reimburse the City for direct costs and/or expenses incurred by the City for activities that can be identified as being under the control of the event organizer regarding the approved farmers market. Additionally, sufficient funds may be withdrawn from this deposit to reimburse the City for expenditures incurred to abate the cleanup of trash, debris or associated materials removed from the premises where a farmers market takes place that can be demonstrated to have occurred due to the approved event pursuant to the proceeding described in Chapter 19.146 (Nuisance Abatement). Use of this deposit shall be at the discretion of the Finance Director in consultation with the City Manager. Any such decision may be appealed to the City Council for final determination. F. Parking, Access and Driveways. 1. The property owner and/or operator of each farmers market shall ensure that all required accesses, driveways and parking spaces for such activity remain clear and unobstructed, and are available and ready for their intended use at all times. 2. At a minimum, the parking requirements established in Chapter 19.82 (Off-Street Parking and Loading) shall apply, with parking provided at a ratio of one parking stall per vendor plus one parking stall per 1,000 square feet of area encompassing all vendor booths and display areas. With the exception of handicap parking stalls and access to such stalls, which shall be paved, parking areas may be paved or unpaved as approved by the approving authority. For nonpaved areas, private property or otherwise, provided and/or used for any farmers market use, dust control measures shall be submitted to and approved by the approving authority. 3. Parking of commercial vehicle(s) anywhere on a site approved for a farmers market use, except temporarily for durations of less than four hours when actively being loaded or unloaded, shall be prohibited, except that longer-term use of a limited number of commercial vehicles may be approved under a Conditional Use Permit. 4. Additional parking spaces may be required when deemed necessary by the approval authority. 5. The operator of any approved farmers market use shall ensure that a sufficient number of adequately trained staff are available at each event to properly maintain traffic circulation and control at all times. G. Miscellaneous Conditions. 1. All pedestrian and vehicular traffic shall be arranged and directed in a manner that ensures the safety of all individuals visiting or participating in the farmers market use. Adopted July 26, 2016 Effective August 25, 2016 Page 19.110-4 Farmers Market Uses Page 26 of 38 City of Twentynine Palms Development Code Article 5, Special Use Regulations 2. The farmers market use shall not involve the use of commercial vehicles for the display or delivery of materials to or from the premises beyond those commercial vehicles needed by the vendors for the delivery of their approved merchandise for sale. 3. The use of utilities and community facilities shall be limited to that normally associated with the property’s use, except as specifically approved by the approving authority under the applicable permit. 4. No signage of any type or nature shall be placed upon the site, or within the surrounding area, to identify the property as a farmers market use except as specifically approved by the approving authority under the applicable permit and shall comply with the provisions of Chapter 19.88 (Signs). 19.110.050 Maintenance and Cleaning of Premises 1. The property owner and/or farmers market use organizer shall keep or cause to be kept the property utilized for the farmers market use in a neat, clean and orderly manner at all times. The property owner and/or farmers market use organizer shall provide the Community Development Department with written permission that specifies that following the expiration of a written notice from the City to return the farmers market use property to its required neat, clean and orderly manner under the provisions and requirements of this Development Code and the Conditions of Approval of the approved permit, that the City shall have the right to enter and clean, or cause to be cleaned, said property and the cost of such cleaning shall be the responsibility of the property owner and/or farmers market use organizer. 2. All landscaping on-site shall be maintained in a neat, clean, weed- and disease-free manner at all times. Where a property is not maintained as specified herein, the property owner shall be required to restore the property and/or landscaping to its required neat, clean, weed- and disease- free manner under the provisions and requirements of this Chapter and Development Code Chapter 19.146 (Nuisance Abatement). 3. In accepting the right to operate a farmers market use as approved, if the property owner and/or farmers market use organizer fails to restore the property and/or landscaping to its required neat, clean and orderly manner, the property owner and/or farmers market use organizer with acceptance of the approved permit declares and provides an express permission and consent to the City, or agents acting on its behalf, to enter the property to restore the property and/or landscaping to its required neat, clean and orderly manner as prescribed in Development Code Chapter 19.146 (Nuisance Abatement). All costs of said restoration shall first be withdrawn from the deposit required in Subsection 19.110.040.E(2) and where the funds in this deposit are insufficient to cover the actual costs of the restoration, a lien shall be placed against the property for the remaining balance. Adopted July 26, 2016 Effective August 25, 2016 Page 19.110-5 Farmers Market Uses Page 27 of 38 City of Twentynine Palms Development Code Article 5, Special Use Regulations 19.110.060 Annual Inspection Each year on or before the anniversary date of the approval of the permit for the farmers market use, the owner(s) shall provide proof to the Community Development Department of an annual safety inspection from the Fire Department. Further, each year on or before the anniversary date of the approval of the permit for the farmers market, the owner(s) shall request, and pay any applicable fee, for an inspection from the City’s Building & Safety Division. 19.110.070 Outstanding Citations A farmers market shall not be approved for any applicant (whether individual, company or corporation), or at a location where the property owner, a tenant or lessee, has either of the following: A. Any combination of two or more outstanding citations of the City’s Municipal Code, or adjudicated citations found in favor of the City by a court of competent jurisdiction, issued within the 24 months preceding the submission date listed upon the permit application and directly or indirectly related to, or similar to, any property, event, activity or use for which the farmers market use application is proposed; or B. A Municipal Code violation(s) being processed by the City or pending before a Court of competent jurisdiction and directly or indirectly related to, or similar to, any property, event, activity or use for which the farmers market application is proposed. 19.110.080 Penalty for Noncompliance The approval authority may revoke or void any permit for a farmers market use for noncompliance with the conditions set forth in this Chapter and/or under the approved permit in conformance to the procedures established in Section 19.28.160 (Revocation or Modification), and shall give notice of such action to the permittee. In lieu of revocation, the approval authority, at its sole discretion, may suspend the right to use a property as a farmers market use for 3, 6 or 12 months, based upon the severity of the violations proven at an advertised revocation hearing in conformance with Section 19.28.160 (Revocation or Modification). 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