Planning Commission - Regular Meeting

TWENTYNINE PALMS PLANNING COMMISSION MEETING AGENDA 6136 Adobe Road Twentynine Palms, CA 92277 www.29palms.org Tuesday, January 21, 2025 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-NONE ITEMS REMOVED FROM CONSENT CALENDAR FOR DISCUSSION Page 1 of 35 PUBLIC HEARINGS 1 SPR22-000004 Cholla Laundromat Extension Request 3 - 20 Recommendation: That the Planning Commission adopt the Resolution and approve the extension of time request for a 2-year period of time, expiring on July 19, 2026. SPR22-000004 Cholla Laundromat Extension Request - Pdf 2 CUP24-000006 Recycling Buyback Center/Small Collection Facility 21 - 35 Recommendation: That the Planning Commission find the project exempt from CEQA and adopt the Resolution, approving the Conditional Use Permit for a recycling buyback center, not to exceed 500 square feet. CUP24-000006 Recycling Buyback Center/Small Collection Facility - Pdf DISCUSSION AND POTENTIAL ACTION ITEMS COMMUNITY DEVELOPMENT DIRECTOR UPDATES STUDY SESSION-NONE 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., January 16, 2025. Cindy Villescas CMC, City Clerk Time/Date Page 2 of 35  STAFF REPORT TO: Planning Commission FROM: Assistant Planner FOR MEETING: Jan 21 2025 SUBJECT: SPR22-000004 Cholla Laundromat Extension Request RECOMMENDATION: That the Planning Commission adopt the resolution and approve the extension of time request for a 2-year period of time, expiring on July 19, 2026. ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report Commission Questions of Staff • Planning Commission Open the Public Hearing Resolution - Cholla Laundromat Receive Public Comment Close the Public Hearing Commission Discussion • Conditions of Approval - Motion/Second Cholla Laundromat Discussion on Motion Call the Question • SPR22-000004 Cholla Laundromat Plans & Elevations 01-15-2025 BACKGROUND: DePierro Development has submitted a request for an extension of time on SPR22-000004. This project is for the construction of a 3,748 square foot laundromat. At the meeting of July 19, 2022, the Planning Commission approved a Site Plan Review for the construction of a 3,748 square foot laundromat. The proposed project is located on a 0.31-acre parcel at 6543 Cholla Avenue, south of Twentynine Palms Highway and is also identified as APN: 0617-115- 27. The development also includes parking, landscaping, storm water detention, and related off-site improvements. Public alleys exist on the north and east side of the property. Staff has made minor modifications to the Conditions of Approval, removing the Engineering condition regarding traffic impact fees and replacing it with a Planning condition for Development Impact Fees and removing a duplicate condition regarding utility undergrounding. Site Characteristics Page 3 of 35 The project site is flat and previously contained a structure, which has been demolished. There are several palm trees on the site, along with asphalt and concrete from the previous development. The previous structure was unreinforced masonry and not able to withstand an earthquake. It had also fallen into a state of disrepair over the years. The uses adjacent to the proposed project include an apartment complex to the south, a restaurant to the north, public parking to the west and a fire station to the east. Land Use The subject property is located within the Downtown Specific Plan area and has a zoning designation of Downtown Traditional (DT). The DT zoning district is defined as having a traditional main street development pattern, supporting a pedestrian-oriented district full of retail, dining, and a high-quality public realm. A laundromat is a permitted use in the DT zoning district subject to the approval of the Site Plan and Design Review by the Planning Commission. The zoning designation for the parcels to the south, east, and west is Downtown Traditional and the zoning to the north is Downtown General. The Downtown Traditional zone was created to encourage walkable, compact development. As a result, it has reduced setback, increased lot coverage requirements, and a waiver of on-site parking requirements. The setbacks in the DT zone are: Front yard: 0' Side yard: 0' Rear yard: 0' There is a required minimum 5' setback from any property that has been developed with a residential use. The maximum structure height in the Downtown Traditional zone is 45' and three stories. The maximum Floor Area Ratio is 2.0. The proposed structure as designed utilizes the reduced front yard setback so the building is adjacent to Cholla Avenue and easily accessible by a public sidewalk. The structure is below the maximum height at just one story. While on-site parking is not required in the DT zone, the applicant is choosing to add on-site parking in this instance. Given the use as a laundromat, it is a good idea to have some on-site parking for customers that are loading and unloading baskets of laundry. The applicant has sited the parking adjacent to the public alley which is ideal for access. Circulation and Street Improvements The applicant is proposing a 26', two-way drive aisle north of the structure with parking on either side. Ingress and egress are located on the west side the property from Cholla Avenue and on the east side of the property via the alley. The project has been conditioned to install curb, gutter and sidewalk along the property frontage on Cholla Avenue. Alley improvements will also be required. Parking and ADA Access As mentioned, the proposed development is exempt from providing on-site parking per the Downtown Traditional Zone site standards. However, the applicant is proposing to install 9 spaces, one of which is an ADA van accessible space. ADA access is required from the public right-of-way to the proposed building entrance and the ADA parking space. ADA access and path of travel are shown on the site plan originating at the sidewalk on Cholla Avenue and continuing east along the building frontage to the ADA parking space on the east side. To facilitate the loading and unloading of laundry, the applicant is proposing to make the parking spaces wider - 10 to 11 feet versus 9 feet. Drainage/On-Site Retention On-site retention will be by underground storage basins. Page 4 of 35 Water and Septic The laundromat will use a recycled water system in its operation to reduce the amount of outflow to the on-site septic system to acceptable levels. The recycled water system and septic system is permitted by the California State Water Resources Control Board. Architecture The applicant has taken a "Desert Modern" approach to architecture incorporating elements of midcentury architecture. The building is well articulated on the west, north and east sides using a variety of angles which orientate the building towards Cholla and Twentynine Palms Highway. The main entrances are on the north side of the building leading to the parking area. The building uses grey color tones with stone veneer at the base and a stone accent wall on Cholla Avenue facing Project Phoenix. An orange accent awning adds contrast to the building's grey color scheme. Signage is a midcentury modern theme using midcentury modern pastels and font on a perforated metal plaque. The south wall will contain trellises to support growing vines to soften the blankness of the wall which would be behind a six-foot-high block privacy wall adjacent to the residential to the south. Landscaping The applicant is using a plant palette consisting of drought-tolerant, desert-friendly plant materials. Trees include Mulga Acacia and True Green Elm. Shrubs include Desert Milkweed, Fairy Duster, Little Leaf Cordia, and Texas Ranger. Landscape boulders, crushed stone, and decomposed granite round out the landscaping palette. The design is intended to compliment the landscaping installed within Project Phoenix on the west side of the street. General Plan Consideration In reviewing any new development proposal, the Planning Commission must review the project in relation to the adopted General Plan Guidelines. This project is found to be consistent with the following Goals and Polices of the General Plan Land Use Element: Goal LU-1 Encourage orderly growth and development as envisioned by community residents. Goal LU-2 Protect existing neighborhoods and the area's natural surroundings by encouraging development that is compatible with the City's small-town character. Goal LU-3 Promote a high quality of life by encouraging attractive high quality development that is compatible with existing uses and the City's desert environment. Implementation Policy LU-3.12 Encourage economically successful commercial and industrial centers that are functional, safe, attractive and convenient to users, and which strengthen the local economy. Goal LU-6 Promote development of a well-balanced community that can adequately meet the needs of future residents and promotes economic development. Implementation Policy LU-6.5 Encourage development that creates employment opportunities in the City. Site Plan Review Findings Page 5 of 35 1.The proposal meets the standards of the Development Code and will result in an appropriate and desirable development. The proposed project is located in the Downtown Traditional zone of the Downtown Specific Plan. The layout of the site and the project is designed so that it will complement the traditional main street development pattern by creating a walkable destination. 2. The site is suitable in size, shape and topography for the proposed development. The site is of appropriate size and shape for this type of development and the flat topography is suitable for a commercial use. 3. The site improvements are appropriate and will result in a safe, well-designed facility. The project has been conditioned to install the appropriate street improvements, landscaping, parking, and on-site retention and the design and circulation of the project will result in a safe, well-designed facility. 4. Approval of the project is consistent with the goals and policies of the adopted General Plan. The proposed project, as conditioned, complies with the standards and requirements of the Twentynine Palms Development Code, the Downtown Specific Plan, and is consistent with the adopted General Plan goals and policies as identified in this staff report. Conclusion Based upon the facts on record, the project is consistent with the General Plan, the Development Code, and the Downtown Specific Plan requirements. Commercial development was anticipated for this site with the adoption of the Downtown Specific Plan and the development meets and satisfies the goals and policies of the General Plan. The project meets the requirements of the Development Code and the Downtown Specific Plan and no variances or deviations from adopted standards were required for approval. Page 6 of 35  CITY OF TWENTYNINE PALMS PLANNING COMMISSION RESOLUTION NO. 25-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, APPROVING AN EXTENSION OF TIME FOR SPR22-000004, A SITE PLAN REVIEW FOR THE CONSTRUCTION OF A LAUNDROMAT LOCATED AT 6543 CHOLLA AVENUE, SOUTH OF TWENTYNINE PALMS HWY, TWENTYNINE PALMS, CA 92277. WHEREAS, on July 19, 2022 the Planning Commission approved a Site Plan Review for the construction of a 3,748 square foot laundromat located at 6543 Cholla Avenue, south of Twentynine Palms Highway, Twentynine Palms, CA 92277, also identified as APN: 0617-115- 27; and WHEREAS, the project was approved for a period of two years, expiring on July 19, 2024; and WHEREAS, the applicant, DePierro Development, has submitted a request for an extension of time on the approval; and WHEREAS, the land use designation (zoning) for the subject property is presently Downtown Traditional (DT); and WHEREAS, a laundromat is a permitted use within the Downtown Traditional zone with approval of a Site Plan Review; and WHEREAS, the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations, with adherence to the recommended Conditions of Approval; and WHEREAS, the site can be adequately served by all required utilities and public services; and WHEREAS, the Public Hearing notice for the extension of time for SPR22-000004, Cholla Laundromat was published in the Desert Trail, a newspaper of record, on January 08, 2025; and WHEREAS, a notice was mailed to all property owners located within 300 feet of the project site on or before January 08, 2025; and Page 7 of 35  WHEREAS, in accordance with California Government Code Section 65350 et. Seq. and California Government Code Section 65853 et. seq., the Planning Commission held a public hearing pursuant to the notice required by law; and WHEREAS, a Public Hearing was held by the Planning Commission on January 21, 2025, at which time the Commission adopted Planning Commission Resolution No. 25-__ approving a two year extension of time on SPR22-000004, a Site Plan Review for the construction of a 3,748 square foot laundromat located at 6543 Cholla Avenue, south of Twentynine Palms Highway, Twentynine Palms, CA 92277, also identified as APN: 0617-115- 27; and WHEREAS, with respect to the Site Plan Review, the Planning Commission makes the following Findings: A. The proposal meets the standards of the Development Code and will result in an appropriate and desirable development. The proposed project is located in the Downtown Traditional zone of the Downtown Specific Plan. The layout of the site and the project is designed so that it will complement the traditional main street development pattern by creating a walkable destination. B. The site is suitable in size, shape and topography for the proposed development. The site is of appropriate size and shape for this type of development and the flat topography is suitable for commercial use. C. The site improvements are appropriate and will result in a safe, well-designed facility. The project has been conditioned to install the appropriate street improvements, landscaping, parking and on-site retention and the design and circulation of the project will result in a safe, well-designed facility. D. Approval of the project is consistent with the goals and policies of the adopted General Plan The proposed project, as conditioned, complies with the standards and requirements of the Twentynine Palms Development Code, the Downtown Specific Plan, and is consistent with the adopted General Plan goals and policies as identified in this staff report. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Twentynine Palms adopts Planning Commission Resolution No. 25-__, and in so doing, approves an extension of time for SPR22-000004 Cholla Laundromat, for the construction of a 3,748 square foot laundromat located at 6543 Cholla Avenue, south of Twentynine Palms Hwy, Twentynine Palms, CA 92277, also identified as APN: 0617-115-27; subject to the attached Conditions of Approval, incorporated herein by reference. 2 Page 8 of 35 APPROVED AND ADOPTED THIS 21st DAY OF JANUARY 2025. AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: ABSTAIN: COMMISSION MEMBERS: ________________________________________ Max Walker, Chair ATTEST: _________________________________ Cindy Villescas, City Clerk I hereby certify that the foregoing is a true copy of Planning Commission Resolution No. 25__ duly adopted by the Planning Commission of the City of Twentynine Palms in a meeting held on the 21st day of January 2025, in the City of Twentynine Palms, California. Dated this 21st day of January 2025. ________________________________________ Cindy Villescas, City Clerk 3 Page 9 of 35  Attachment “A” CITY OF TWENTYNINE PALMS CONDITIONS OF APPROVAL SPR22-000004 Cholla Laundromat EXTENSION #1 Applicant: DePierro Development Corp. CONDITIONS OF APPROVAL SPR22-000004, A Site Plan Review (SPR) for the development of a 3,748 square foot laundromat. The project is located at 6543 Cholla Avenue, south of Twentynine Palms Highway, APN: 0617-115-27. Approval Date: July 19, 2022 Expiration Date: July 19, 2024 Extension #1 Expiration: July 19, 2026 GENERAL G1. 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 Site Plan Review approval and/or citation for code violation. G2. The applicant and applicant’s successor in interest shall be responsible for payment of all applicable fees, including reimbursement for all city expenses in ensuing compliance with the Conditions of Approval. G3. The applicant shall provide a signed copy of the Conditions of Approval to the Planning Division within ten (10) days of approval. G4. 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 the 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 Page 1 of 4 Page 10 of 35  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 amount deposited and ultimately not utilized shall be returned to the applicant. G5. The applicant shall ascertain and comply with the requirements of all Federal, State, County and Local agencies as are applicable to the proposed project. G6. The applicant is required to obtain and maintain a current City of Twentynine Palms Business License. PLANNING P1. This Site Plan and Design Review (SPR) shall be null and void if construction has not commenced within two (2) years of the date of approval. Extensions of time may be granted by the Planning Division, in conformance with the City of Twentynine Palms Development Code. The applicant is responsible for the initiation of an extension request. P2. 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. P3. All outdoor lighting shall conform to Development Code Chapter 19.78 (Lighting Standards) and shall be designed to not glare or reflect onto neighboring properties or public rights-of-way. Outdoor lighting shall be shielded and limited to that required for security and safety purposes. The luminaries for the parking lot lighting and exterior building lighting shall have the Dark Sky seal of approval per the International Dark Sky Association. P4. The applicant shall install a trash enclosure sized to accommodate a trash container, a recycling container, and an organics toter in conformance with Chapter 19.92 of the City’s Development Code. The trash enclosure shall be ADA compliant with pedestrian access. P5. On-site utilities shall be underground pursuant to Chapter 19.94 (Utilities) of the City’s Development Code, or as amended by City Council. P6. Pursuant to Section 19.73.040 of the Development Code, any areas within the front setback not improved with drive aisles, walls, signage or similar features shall be landscaped. Prior to the issuance of any permits, the applicant shall submit Landscape Plans to the Planning Division showing size, type and location of all plants and irrigation system. Landscaping shall be installed at the quantity and quality that is presented on the plans. P7. Parking and on-site circulation shall be provided and maintained as identified on the approved site plan. Areas reserved for access drive aisles and or fire lanes shall be clearly designated. a) A minimum of one (1) ADA parking stall is required which shall be van accessible. Page 2 of 4 Page 11 of 35  b) All paved parking stalls shall be clearly striped and permanently maintained with double or hairpin lines with the two lines being located an equal 9 inches on either side of the stall sidelines. All regular parking stalls shall be a minimum of 9’ x 19’. c) Any occupancy which requires additional parking that has not been provided for through this Site Plan and Design Review shall not be approved until a revision is submitted for review and approval showing the additional parking. d) All markings including parking stalls, directional designation, no parking designation, and fire lane designations shall be clearly defined and said markings shall be maintained in good condition at all times. P8. All construction and improvements shall comply with Encroachments into Yards or Setbacks standards established in the Development Code for the underlying land use district. P9. A sign permit shall be required for all exterior signage including wall and monument signage. P10. All landscaping shall be irrigated per the WELO and maintained. Any plant materials not surviving shall be replaced. P11. The applicant will obtain any permits required from Caltrans. P12. The applicant will obtain all necessary permits from the California Water Resources Board for the recycled water and septic system. P13. The applicant shall provide on-site monitoring for cultural resources during all earth moving activities. The monitoring shall be in conformance with the Mitigation Monitoring and Treatment Plan for Archeological and Cultural Resources as developed for Project Phoenix, located on the west side of Cholla Avenue. This monitoring shall consist of a qualified archeologist and tribal monitor(s) as determined in consultation with the tribes. P14. Prior to the issuance of any permits, the applicant shall pay Development Impact Fees in accordance with Section 19.90.080 of the City Development Code, based upon the square footage of construction. ENGINEERING General E1. The project shall comply with all applicable City ordinances and resolutions. E2. All road easements required shall be offered for dedication to the public and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances. Drainage E3. Prior to the submittal of any improvement plans or issuance of a grading permit, the Developer/representative shall submit to the City Engineer, detailed drainage studies indicating how potential grading in conjunction with the drainage conveyance systems, will allow building pads to be safe from inundation from rainfall run off, which may be expected from all storms up to, and including, the theoretical 100-year storm. Page 3 of 4 Page 12 of 35 Grading E4. Prior to the issuance of a grading permit, the developer's engineer shall submit a comprehensive grading plan in conformance with the California Building Code and the requirements of the City. Street Improvements E5. A 30’ foot half-width, an additional 5’ of right-of-way street dedication along Cholla Avenue, shall be dedicated to the City prior to Grading/Building Permit Issuance. E6. Cholla Avenue shall be constructed to the City of Twentynine Palms’ half-width Local Street Standards with curbs, gutters, and sidewalk along the development side. E7. An encroachment permit separate from the grading onsite permit shall be obtained from the City of Twentynine Palms, prior to any construction occurring within the public right- of-way. E8. Final improvement plans and profiles shall indicate the location of any existing utility which would affect construction and shall provide for its relocation at no cost to the City. E9. The applicant shall overlay the alleyway located along projects east property line and north property, as approved by the City Engineer, prior to final occupancy. BUILDING AND SAFETY B1. Applicant shall submit plans and obtain the required permits that comply with the applicable provisions of the 2022 California Green Building Standards Code and Title 24 Energy Code. B2. All plans shall be stamped and wet signed by a California licensed engineer or architect. B3. Provide all required ADA access plan (parking, path of travel, building access, restroom, ADA workspace, etc.) per 2022 CBC. B4. Obtain San Bernardino County Fire approval for building and site improvements. The undersigned verifies that he/she has read the Conditions of Approval, understands each Condition, and agrees to adhere to the Conditions of Approval. Applicant Signature Applicant Name Date Page 4 of 4 Page 13 of 35 Page 14 of 35 Page 15 of 35  SEE SITE PLAN BY NV5 Page 16 of 35 Page 17 of 35 Page 18 of 35 Page 19 of 35 Page 20 of 35  STAFF REPORT TO: Planning Commission FROM: Assistant Planner FOR MEETING: Jan 21 2025 SUBJECT: CUP24-000006 Recycling Buyback Center/Small Collection Facility RECOMMENDATION: That the Planning Commission find the project exempt from CEQA and adopt the Resolution, approving the Conditional Use Permit for a recycling buyback center, not to exceed 500 square feet. ORDER OF PROCEDURE: ATTACHMENTS: Request Staff Report Commission Questions of Staff • Planning Commission Open the Public Hearing Resolution - CRV Only, Inc Receive Public Comment Close the Public Hearing Commission Discussion • Draft Conditions of Approval - Motion/Second CRV Only, Inc Discussion on Motion Call the Question • Application - CRV Only, Inc • Floor Plan - CRV Only, Inc BACKGROUND: Prior Review This matter was reviewed by the Commission at the meeting of December 17, 2024, as an Administrative Use Permit. Executive Summary The Planning Commission is the review authority for Conditional Use Permit (CUP) applications. The Commission's decision is final unless appealed to the City Council. Case Conditional Use Permit, CUP24-000006 Application timeline AUP Application Submittal Date: July 17, 2024 Page 21 of 35 Request Additional Material: July 25, 2024 Final Submittal Received: October 8, 2024 Application Deemed Complete: October 8, 2024 Complete Letter Sent: October 8, 2024 AUP Public Hearing; December 17, 2024 CUP Application Created: December 18, 2024 Revised Floor Plan Submitted: January 08, 2025 Request Proposal to develop a recycling buyback center/small collection facility of a total area not to exceed 500 square feet located in an existing commercial structure. The establishment of a small collection facility as a primary use requires the submittal of a Conditional Use Permit and the approval of the Planning Commission. This project was originally submitted as an Administrative Use Permit and was forwarded to the Planning Commission for review by the Director. At the meeting of December 17, 2024, the Commission directed the applicant to submit a Conditional Use Permit and return to the Commission for review. Applicant: Maria Khachiyan Property owner: 29 Palms Plaza, LLC Location: 71747 Twentynine Palms Hwy., Twentynine Palms, CA 92277 APN: 0615-051-22-0000 General Plan Designation: General Commercial Surrounding GP designations North - Commercial General South – Commercial General and Floodway East – Commercial General and Floodway West - Commercial General Zoning Designation: General Commercial Surrounding zoning designations North – Commercial General South – Commercial General and Floodway East – Commercial General and Floodway West – Commercial General Surrounding land use North – Supermarket and Vacant Lot South – Vacant Lot East – Hotel and Vacant Lot West - Supermarket General Information: Project Area: Not to exceed 500 square feet Page 22 of 35 Building Area: 1,187 square feet Hours of operation: The proposed hours are 8:30 am to 4:30 pm, seven days per week. Setbacks - n/a Building Height - Unknown. Project is located in an existing commercial structure. Lot Coverage – n/a Flood Zone - The property is located in FEMA Flood zone X, which are areas determined to be outside the 0.2% annual chance floodplain. Alquist Priolo - The property is not located within the Alquist Priolo earthquake study zone. Access/Parking – There are 59 existing stalls located on the parcel with the proposed project. The shopping center has a total of approximately 325 parking stalls. No additional parking is being required. EV Charging – Currently the Commercial center does not have EV Charging. As no additional parking stalls are being required, EV charging stalls are not required. Bike Racks - Commercial location has existing bike racks ADA – 3 stalls are located in the existing shopping center. No additional parking is required. Landscaping - None Trash Enclosure – The project has been conditioned to install a trash enclosure. Streetlights – n/a Cal Trans Permit Required - n/a On-Site Lighting – The property has existing light poles throughout the parking lot. General Plan Consideration The CG land use district serves as the City’s primary commercial designation allowing a broad range of commercial, retail, professional office and service-oriented businesses, including supermarkets, restaurants, hotels/motels and specialty retail stores. Goal LU-1 Encourage orderly growth and development as envisioned by community residents. Goal LU-2 Protect existing neighborhoods and the area’s natural surroundings by encouraging development that is compatible with the City’s small-town character. Goal LU-3 Promote high quality of life by encouraging attractive high-quality development that is compatible with existing uses and the City’s desert environment. Implementation Policy LU-3.12 Encourage economically successful commercial and industrial centers that are functional, safe, attractive and convenient to users, and which strengthen the local economy. Goal LU-6 Promote the development of a well-balanced community that can adequately meet the needs of future residents and promote economic development. Implementation Policy LU-6.5 Encourage development that creates employment opportunities in the City. Development Code Consideration General Commercial (CG). The CG land use serves as the City's primary commercial designation, allowing a broad range of commercial, retail, professional office and service-oriented businesses, including supermarkets, restaurants, hotels/motels and specialty retail stores. Page 23 of 35 Site Characteristics The proposed project is located in an existing commercial business center that is comprised of sixteen (16) suites all comprised of commercial services ranging from Retail, Health and Fitness, Restaurants, Medical and Personal Care. The site has sufficient parking stalls and ADA stalls. The existing tenant space is greater than the proposed use. However, this permit allows only the use of 500 square feet of this tenant space. Any encroachment into the remaining unused space is subject to citation and/or rescission. Utilities – Building has existing utility connections. Signage – Applicant must obtain all necessary permits to install signage on the storefront of the Recycling Buyback Center in compliance with Chapter 19.88 Signs of the City's Development Code. Findings: Prior to approving a Conditional Use Permit as prescribed by this Chapter, the approving authority shall make all the following findings: A. That the design and location of the proposed 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, Design Guidelines applicable to the proposed use, the goals and policies of the adopted General Plan, and other applicable development policies and standards of the City. The project is located in an existing commercial center, with sufficient parking and no additional construction is proposed. The use as proposed complies with the standards in the Development Code and the goals and policies of the General Plan. B. That the design and location of the proposed 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. The use proposed is a buyback center for recyclables and the materials are removed from the site for recycling. The use, as conditioned, will not be detrimental to the public health, safety or welfare. C. That the site is adequate in size and shape to accommodate the proposed use and integrate it with the existing and planned uses in the vicinity. The project is proposed to use not more than 500 square feet of an existing commercial structure, which is adequate in size and shape to accommodate the proposed use. Conclusion Based upon the facts on record, the project is consistent with the General Plan and the Development Code. Commercial development was anticipated for this site, and the development meets and satisfies the goals and policies of the General Plan. The project meets the requirements of the Development Code and no variances or deviations from the adopted standards are required for approval. ENVIRONMENTAL: The project is exempt from CEQA pursuant to Section 15332 Class 32, Infill Development. ALTERNATIVES: 1. Request additional information from staff and postpone the hearing to a date certain. 2. Modify the proposed project and approve with recommended revisions. 3. Deny the Conditional Use Permit. Page 24 of 35 FISCAL IMPACT: None Page 25 of 35  CITY OF TWENTYNINE PALMS PLANNING COMMISSION RESOLUTION NO. 25-__ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TWENTYNINE PALMS, CALIFORNIA, APPROVING CUP24-000006, AN CONDITIONAL USE PERMIT FOR THE DEVELOPMENT OF A RECYCLING BUYBACK CENTER/SMALL COLLECTION FACILITY LOCATED AT 71747 TWENTYNINE PALMS HWY, TWENTYNINE PALMS, CA 92277. WHEREAS, on July 17, 2024, an application was received from CRV Only Store, Inc, requesting approval of an Administrative Use Permit for the development of a 499 square foot recycling buyback center/small collection facility located at 71747 Twentynine Palms Hwy, Twentynine Palms, CA 92277, also identified as APN: 0615- 051-22; and WHEREAS, the land use designation (zoning) for the subject property is General Commercial (CG); and WHEREAS, a small collection facility as a primary use is a permitted use in the General Commercial zoning district subject to the review and approval of a Conditional Use Permit; and WHEREAS, the project was submitted as an Administrative Use Permit; and WHEREAS, the Director forwarded the Administrative Use Permit to the Commission for review; and WHEREAS, at the meeting of December 17, 2024, the Planning Commission directed the applicant to submit a Conditional Use Permit (CUP); and WHEREAS, the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning designation and regulations, with adherence to the recommended Conditions of Approval; and WHEREAS, the site can be adequately served by all required utilities and public services; and Page 26 of 35  WHEREAS, the public hearing notice for CUP24-000006, CRV Only Store, Inc was published in the Desert Trail, a newspaper of record, on January 08, 2025; and WHEREAS, in accordance with California Government Code Section 65350 et. Seq. and California Government Code Section 65853 et. seq., the Planning Commission held a public hearing pursuant to the notice required by law; and WHEREAS, a Public Hearing was held by the Planning Commission on January 21, 2025, at which time the Commission adopted Planning Commission Resolution No. 25-__ approving CUP24-000006, a Conditional Use Permit for the development of a recycling buyback center/small collection facility, not to exceed 500 square feet, located at 71747 Twentynine Palms Hwy, Twentynine Palms, CA 92277, APN 0615-051-22. 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, as conditioned, will have a significant effect on the environment and no further environmental analysis is required and that this determination reflects the Planning Commission’s independent judgment and analysis: and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Twentynine Palms as follows: 1. The above recitations are true and correct and incorporated herein by this reference. 2. Based on the evidence presented at the public hearing, the Planning Commission adopts the following findings and hereby approves Conditional Use Permit, CUP24-000006, subject to the attached Conditions of Approval, incorporated herein by reference: A. 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 project is located in an existing commercial center, with sufficient parking and no additional construction is proposed. The use as proposed complies with 2 Page 27 of 35  the standards in the Development Code and the goals and policies of the General Plan. B. That the proposed design and location of the 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. The proposed use is a buyback center for recyclables and the materials are removed from the site for recycling. The use, as conditioned, will not be detrimental to the public health, safety or welfare. C. 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 project is proposed to use not more than 500 square feet of an existing commercial structure, which is adequate in size and shape to accommodate the proposed use. 3. Based on the foregoing, the City of Twentynine Palms Planning Commission determines that this project is Categorically Exempt pursuant to Section 15301 Class No. 1, (Existing Facilities) of the California Environmental Quality Act (CEQA), because it consists of the operation or minor alteration of existing structures or facilities, involving negligible or no expansion of the existing or former use, in that the project consists of a small, not to exceed 500 square feet, recycling/buy back facility located within an existing commercial structure, the construction of which does not require the expansion of that existing structure. In addition to the foregoing, the City of Twentynine Palms Planning Commission determines that this project is Categorically Exempt pursuant to Section 15332 Class 32 (Infill Development) of CEQA because (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) the project site has no value, as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. Finally, the Planning Commission of the City of Twentynine Palms determines that there is no reasonable possibility that the project will have a significant effect on the environment due to unusual circumstances in that the project consists of a small, recycling/buy back facility, not to exceed 500 square feet, located within an existing commercial structure, the construction of which does not require the expansion of that existing structure. 3 Page 28 of 35 . APPROVED AND ADOPTED THIS 21st DAY OF January 2025. AYES: COMMISSION MEMBERS: NOES: COMMISSION MEMBERS: ABSENT: COMMISSION MEMBERS: ABSTAIN: COMMISSION MEMBERS: ________________________________________ Max Walker, Chair ATTEST: _________________________________ Cindy Villescas, City Clerk I hereby certify that the foregoing is a true copy of Planning Commission Resolution No. 25-__ duly adopted by the Planning Commission of the City of Twentynine Palms in a meeting held on the 21st day of January 2025, in the City of Twentynine Palms, California. Dated this 21st day of January 2025. ________________________________________ Cindy Villescas, City Clerk 4 Page 29 of 35 CITY OF TWENTYNINE PALMS CONDITONAL USE PERMIT DRAFT CONDITIONS OF APPROVAL CUP24-000006 – CRV ONLY STORE, INC APPLICANT: MARIA KHACHIYAN CONDITIONS OF APPROVAL Conditional approval is granted by the Planning Commission, acting as the Approval Authority for the development of a recycling buyback center/small collection facility, not to exceed 500 square feet. This Conditional Use Permit shall be null and void if operation has not commenced within two (2) years of the date of approval. Extensions of time may be granted by the Planning Commission, in conformance with the City of Twentynine Palms Development Code. The applicant is responsible for the initiation of an extension request. The project is located at 71747 Twentynine Palms Highway, east of Encelia Avenue, and is also identified as APN: 0615-051-22. Approval Date: January 21, 2025 Expiration Date: January 21, 2027 GENERAL G1. 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. G2. The applicant shall be responsible for payment of all applicable fees, including reimbursement for all city expenses in ensuing compliance with the Conditions of Approval. G3. The applicant shall provide a signed copy of the Conditions of Approval to the Planning Division within ten (10) days of approval. G4. 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 1 Page 30 of 35  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. G5. The Applicant shall ascertain and comply with requirements of all State, County and Local agencies as are applicable to the proposed project. G6. The applicant is required to obtain and maintain a current City of Twentynine Palms Business License. PLANNING P1. The applicant shall install a trash enclosure sized for a trash bin, a recycling bin and an organics toter in compliance with Chapter 19.92 of the City’s Development Code. P2. On a daily basis, the operator shall remove all recyclable materials which have accumulated or are deposited outside the facility. P3. Facility shall be clearly marked to identify the name and phone number of the facility operator. P4. Facility shall not include power driven sorting and/or consolidation equipment, such as crushers or bailers, except reverse vending machines. P5. Use of the facility for collection of solid waste or hazardous material is prohibited. BUILDING AND SAFETY B1. Applicant shall obtain building permits for any proposed modifications to the structure. B2. The site shall be developed in compliance with the approved plans on file and with all adopted City regulations. 2 Page 31 of 35 B3. All plans shall be designed by a California licensed engineer or architect and shall be in compliance with the California Building Codes as adopted by the City of Twentynine Palms. The undersigned verifies that he/she has read the Conditions of Approval, understands each Condition, and agrees to adhere to the Conditions of Approval. Applicant Signature Applicant Name Date 3 Page 32 of 35  CITY OF TWENTYNINE PALMS COMMUNITY DEVELOPMENT 6136 ADOBE ROAD TWENTYNNE PALMS, CA 92277 760-367-6799 www.29palms.org LAND USE ENTITLEMENT APPLICATION Administrative Use Permit Planned Unit Development ✔ Conditional Use Permit Specific Plan Site Plan and Design Review Amendment Applicant /Organization CRV Only Store, Inc Representative Maria Khachiyan Mailing Address 5956 E Los Angeles Avenue, Suite 3 City Simi Valley State CA Zip 93063 Phone Email Property Owner 29 Palms Plaza, LLC Mailing Address PO Box 4120-51062 City Portland State OR Zip 97208 Phone Email Location of subject property 71747 Twentynine Palms Hwy Assessor Parcel Number(s) 0615-051-22 Project Description: development of a recycling buyback center Applicant Signature Date Property Owner Signature Date FOR CITY USE ONLY Date Submitted Received By: Case Number: Application Fee Page 33 of 35 Proposed Use recycling buyback center Current Use vacant structure Zoning General Commercial (CG) General Plan Designation General Commercial Surrounding Zoning: N CG S CG and Floodway E CG and Floodway W CG Supermarket Surrounding Use: N Supermarket S Vacant Lot E Hotel/Vacant W Property Size: Gross Acres: Net Acres: Square Footage: Sq. Footage of Proposed Buildings: Proposed Parking Stalls ADA Parking Stalls Proposed Lot Coverage Percentage Estimated Per Day Wastewater Discharge Proposed phases (if any) of project and estimated timing of completion for each phase. April 2020 Page 34 of 35 Page 35 of 35