CHAPTER 4. PARKING AND LOADING
9-10-401 Intent.
The intent of this Chapter is to regulate parking and loading in order to lessen traffic congestion and contribute to public safety by providing sufficient on-site areas for the maneuvering and parking of motor vehicles that are attracted to, and generated by, land uses within the City of Mountain House.
9-10-402 General Requirements.
The provisions of this Section shall apply throughout this Chapter.
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(a) Applicability of Chapter. The provisions of this Chapter shall apply whenever:
(1) A new building is constructed;
(2) An existing building, including a legal nonconforming structure, is enlarged for any purpose; or
(3) The use of any building is changed.
(b) Computation of Required Parking. Whenever the computation of the number of off-street parking spaces required by this Chapter results in a fractional parking space, one (1) additional parking space shall be required for a fractional space of one-half (½) or more. A fractional space of less than one-half (½) shall not be counted. (c) Parking Not Required. Floor area devoted exclusively to parking shall have no off-street parking requirements.
(d) Motorcycle and Bicycle Spaces. For every four (4) motorcycle or six (6) bicycle parking spaces provided, a credit of one (1) parking space shall be given toward the requirements of this Chapter, provided, however, that the credit for each shall not exceed one-fortieth ( 1/40) of the total number of automobile spaces required.
(e) Front Yard Parking. Parking spaces necessary to meet off-street parking requirements shall not be permitted within the required front yard setback of a residential unit, except as approved by a discretionary permit.
9-10-403 Required Parking Spaces.
(a) Applicability. All development in the Mountain House New Town shall conform to the parking requirements specified in Table 9-10-2.1. (b) Requirements Cumulative.
(1) Whenever more than one (1) use type is proposed for a given project, the parking spaces calculated for each use type shall be summed to determine total minimum and maximum spaces needed for said project.
(2) Where more than one (1) parking requirement is specified for a given use type, the parking spaces calculated and corresponding to each requirement shall be summed to determine total minimum and maximum spaces for that use type. (c) Spaces Based on Square Footage. The square footage requirements used in Table 9-10-2.1 to calculate parking spaces refer to the total enclosed areas of all buildings on the lot, but excludes the area of spaces having a height of less than seven (7) feet and the area used exclusively for parking and loading.
(d) Spaces Based on Employees. The employee requirements used in Table 9-10-2.1 to calculate parking spaces refer to the maximum number of employees who could be working at one time when the facility is operating at full capacity. (e) Spaces Required When Use Type Not Specified. Whenever the use type for a proposed project is not specified or is unknown, the Director shall determine which use type parking standard to apply in calculating the required parking spaces for said project. 9-10-404 Location of Required Parking Spaces.
Required parking spaces shall be located as follows:
(a) On Same or Adjacent Lot. For dwellings, motels, automobile-oriented services, schools, and all uses in the C-N, C-FS, C-C, C-G, I-P, I-L, and M-X Zones, required parking spaces shall be provided on the same lot as the main building(s) or on an adjoining lot or lots zoned for the main use of the property.
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(b) Other Uses. For uses not listed in Subsection (a), required parking spaces shall be located within three hundred (300) feet of the lot on which the main building is located. (c) Not Within Specified Yards. Parking spaces required for dwellings shall not be located within any required front or side yard.
9-10-405 Design of Parking Areas.
The following design standards are prescribed for the development of off-street parking facilities:
(a) Parking Lot Design. Parking lot design and dimensions shall be in accordance with the Mountain House Design Manual.
(b) Parking Spaces: Size. Parking spaces shall have the following dimensions:
(1) Stalls. Each parking stall shall be an unobstructed rectangle, minimum nine (9) feet wide and twenty (20) feet long except for parallel stalls, which must be nine (9) feet wide by twenty-six (26) feet long.
(2) Reduction of Required Length. Where a concrete curb around a planter in a parking lot functions as a wheel stop, the required length of a parking space abutting such curb may be reduced by a maximum of two (2) feet, provided that the planter is at least five (5) feet wide.
(3) The Director may approve a reduction in standard parking stall dimensions for all parking spaces to serve both full-sized and compact cars. Said parking stalls shall not be less than eight and one-half (8½) feet by eighteen (18) feet. (c) Compact Spaces. If parking stalls are not designed to accommodate both fullsized and compact cars, as specified in (b)(3), compact spaces shall comprise a minimum of twenty-five percent (25%) of the total parking spaces required. Compact parking spaces shall comply with the following provisions:
(1) Stalls shall be a minimum seven and one-half (7½) feet wide and sixteen (16) feet long;
(2) Parallel parking stalls must be a minimum nineteen (19) feet long; (3) Each approved space shall be individually designated as a compact space; (4) Signs shall be provided to indicate the location of compact parking spaces, as required by the City Engineer;
(5) For multiple-family projects containing five (5) or more dwelling units, no more than twenty-five (25) percent of required parking spaces shall be compact stalls; and (6) For nonresidential uses requiring twenty (20) or more spaces, no more than twenty-five (25) percent of required parking spaces shall be compact stalls. (d) Parking Spaces for Carpools. In areas zoned for Public, Office Commercial (CO) or Industrial uses, a minimum of ten percent (10%) of all parking areas with more than ten (10) spaces shall be allocated to carpool vehicles and cleaner fuel vehicles. Said spaces shall be located close to building entrances.
(e) Passenger Loading Areas for Rideshare Vehicles. In areas zoned for Public, Office Commercial (C-O) or Industrial uses, passenger-loading areas for ridesharing vehicles shall be located near the main employee entrances to buildings. (1) For every two hundred (200) parking spaces provided, one (1) ridesharing vehicle space, measuring nine (9) feet by twenty (20) feet, shall be provided. (2) The area set aside for the ridesharing vehicle shall be covered and signed.
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(3) Carpool vehicles may use the ridesharing vehicle space, but said use shall be limited to passenger drop-off and pickup only.
(f) Striping. All parking stalls and directional arrows shall be delineated with paint. (g) Surfacing. Except as provided in subsection (e)(1) of this section all permanent parking lots (which include parking spaces, driveways, and maneuvering areas) in all zoning districts shall be surfaced and permanently maintained with asphalt concrete or Portland cement concrete to provide a durable dust-free surface. Ingress and egress areas that connect to a paved road or highway shall also be surfaced and permanently maintained with asphalt concrete or Portland cement concrete to provide a durable dust-free surface. Bumper guards and/or wheel stops shall be provided when necessary to protect adjacent structures or properties. (1) Exemptions. The following sections shall identify surfacing requirements for the following uses:
(A) Special use regulations for truck terminal projects pursuant to Section 9-5-207 of this Title;
(B) Produce stands pursuant to Section 9-10-1603(h);
(C) Small agricultural stores pursuant to Section 9-10-1604(h); and (D) Large agricultural stores pursuant to Section 9-10-1605(h). (2) Alternative Surfacing Materials. At the discretion of the Review Authority, alternative surfacing materials may be used in combination with an asphalt concrete or Portland cement concrete driveway for the following uses:
(A) Truck parking in agricultural zones as permitted in Table 9-6-2.2; (B) Seasonal businesses in agricultural zones as permitted in Table 9-6-2.3; (C) Recreational vehicle storage as permitted under the Automotive Sales and Services use type;
(D) Operable vehicle storage as specified in Table 9-4-2.1 or Table 9-5-2.1 or Table 9-7-2.1;
(E) Storage yards as permitted under the Personal Storage use type specified in Table 9-4-2.1 or Table 9-5-2.1 or Table 9-7-2.1; and
(F) Parking spaces for single-family residences only, as specified in Table 9-10-
2.1(a).
(h) Landscaping and Screening. All open parking areas shall be landscaped and/or screened according to the standards set forth in Chapter 5 of Division 10. (i) Lighting. All off-street parking areas within commercially-zoned projects, and projects where the parking area is used at night, shall be provided with exterior lighting which meets the following minimum standards:
(1) Parking lot luminaries shall be metal halide with ninety (90) degree cut-off and flat lenses, unless specified differently in the applicable Mountain House Design Manual. (j) Access. Access to parking areas shall be provided as follows:
(1) Access driveways shall have a width of no less than twenty-four (24) feet for twoway aisles and sixteen (16) feet for one-way aisles, except that in no case shall driveways designated as fire department access be less than twenty (20) feet wide. (k) Parking Aisles. The minimum dimensions for parking aisles (the space required for maneuvering vehicles within a parking lot) shall be as set forth in Figure 9-10-205. 9-10-406 Truck Parking and Loading.
Parking and loading space for trucks shall be provided as set forth in this Section.
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(a) Commercial Uses. For commercial uses, one (1) space shall be provided for every use with three thousand (3,000) square feet of gross floor area or more. (b) Industrial Uses. For industrial uses, spaces shall be provided as follows:
(1) One (1) space shall be required for each use having three thousand (3,000) to twenty thousand (20,000) square feet of gross floor area; (2) Two (2) loading spaces shall be required for each use having twenty thousand (20,000) to forty thousand (40,000) square feet of gross floor area; and (3) For each twenty thousand (20,000) square feet of gross floor area, or major fraction thereof, over forty thousand (40,000) square feet of gross floor area, one (1) loading space shall be required.
(c) Design Standards. Design of required spaces shall be as follows:
(1) Spaces shall be a minimum twenty-five (25) feet in length and fifteen (15) feet in width, and shall have minimum height clearance of fourteen (14) feet; (2) Spaces shall be provided and maintained on the same lot as the commercial or industrial use creating the need therefor;
(3) Spaces shall not interfere with vehicular circulation or parking, or with pedestrian circulation; and
(4) On-site driveways and maneuvering areas may be used in lieu of one (1) of the off-street loading spaces required by this Section, as long as maneuvering areas for delivery vehicles are provided.
(d) Areas for receiving and loading of materials on the premises of commercial and industrial uses shall be located away from the public street to which the use is oriented. 9-10-407 Bicycle Parking.
(a) Each industrial and commercial site shall provide secure bicycle facilities, consisting of bicycle lockers or racks as appropriate, free of charge to all employees. (b) Bicycle storage for commercial, industrial, office and public uses shall be provided at a rate of five (5) spaces per building complex plus one (1) space for every fifteen (15) automobile parking spaces.
(c) Office buildings or office complexes that are fifty thousand (50,000) net rentable square feet or larger or that contain one hundred (100) or more employees shall provide at least one (1) shower and seven (7) lockers each for men and women. For every fifteen (15) additional employees over one hundred (100), one (1) additional locker shall be provided. For every one hundred (100) additional employees over one hundred (100), one (1) additional shower shall be provided.
(d) Secure bicycle storage facilities shall be provided at all park-and-ride lots and the Transit Center.
9-10-408 Timing of Installation.
All parking areas and driveways must be completely installed prior to issuance of a Certificate of Occupancy or initiation of use.
9-10-409 Modification of Requirements.
The requirements of this Chapter may be modified by the Director in cases in which, due to the unusual nature of the establishment proposed or the development proposal submitted for it, the requirements set forth herein may be considered insufficient or excessive. In making the
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decision, the Director may consider the existence of special transit incentives and services, car pooling programs, and significant use of pedestrian and bicycle access. Decisions of the Director pursuant to this Section may be appealed using the Staff Review with Notice Procedure set forth in Chapter 4 of Division 2. The following additional provisions relative to the modification of parking requirements shall be applicable:
(a) Mixed-Use District. Within the Mixed-Use Zone, the most recent shared parking guidelines published by the Urban Land Institute may be used as an option to Table 9-10-2.1 to reduce total parking supply.
(b) Reduction in Specified Minimums. Up to twenty-five percent (25%) reduction in specified minimums for required parking spaces may be approved by the Director. (c) Increase in Specified Maximums. Up to ten percent (10%) increase in specified maximums for required parking may be approved by the Planning Commission. (d) Deferred Parking. Where the expected need for off-site parking is uncertain, where future phases of a project are yet to be completed, or where there is no available data to establish parking space need, the Director may authorize that construction and provision of not more than fifty percent (50%) of the minimum required spaces specified by this Chapter be deferred, provided the following conditions are met:
(1) The area where the deferred parking spaces are to be located shall be maintained in reserve and clearly identified on the Site Plan.
(2) The area where the deferred parking spaces are to be located shall be landscaped, but said landscaping shall not prevent the ultimate provision of the parking spaces which have been deferred.
9-10-410 Handicapped Parking.
(a) Accessible Parking. Accessible parking shall comply with the California Building Code and the following provisions:
(1) The following shall be used to determine the number of accessible parking spaces required:
Total Number of
Parking Spaces
Number of Accessible
Parking Spaces Required
1—25 1 van accessible space
26—50 2, including 1 van accessible space
51—75 3, including 1 van accessible space
76—100 4, including 1 van accessible space
101—150 5, including 1 van accessible space
151—200 6, including 1 van accessible space
201—300 7, including 1 van accessible space
301—400 8, including 1 van accessible space
401—500 9, including 2 van accessible spaces
501—1000 2%, including 3 van accessible spaces
1001 or more 20 plus 1 per 100 or fraction, including minimum 1 van accessible space per 8 accessible spaces or fraction thereof (2) The accessible space shall be as near as possible to the primary entrance of the building.
(3) The accessible space must permit use of either of the vehicle’s doors.
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(4) Bumpers are required when no curb barrier is provided to prevent encroachment of cars over walkways.
(5) Wheelchair users must not be forced to go behind parked cars other than their own.
(6) When only one space is provided, it shall be a van space, seventeen (17) feet wide, outlined to provide a nine (9) foot wide parking area and an eight (8) foot wide loading and unloading area on the passenger side of the vehicle.
(7) When more than one (1) space is required, two (2) spaces may be provided within a twenty-three (23) foot wide area, or twenty-six (26) foot wide area including a van space. (8) Each parking space is required to be at least eighteen (18) feet long. (9) Surface slopes of parking areas for the disabled should be minimal but are required not to exceed one-quarter (¼) inch per foot in any direction. (10) Ramps shall not encroach into any parking space.
(11) When less than five (5) parking spaces are provided at a building or facility, one (1) shall be sized in accordance with item six above but need not be identified for handicapped/disabled use only.
(12) Each accessible stall must have a permanent DISABLED ACCESS PARKING sign with a minimum size of seventy (70) square inches. (13) Freestanding DISABLED ACCESS PARKING signs shall be located at the interior end of the stall and be mounted a minimum of eighty (80) inches above the finished grade.
(14) Wall-mounted DISABLED ACCESS PARKING signs shall be located at the interior end of the stall and be mounted a minimum of thirty-six (36) inches above the finished grade.
(15) A sign, not less than seventeen (17) inches by twenty-two (22) inches, shall be located at each entrance to the parking lot, or immediately adjacent to and visible from each stall or space, and state the following:
“Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at the owner’s expense. Towed vehicles may be reclaimed at _______ or by telephoning _______.” (16) The surface of each accessible parking space or stall shall have a surface identification which duplicates either of the schemes:
(A) By outlining or painting the stall or space in blue and outlining on the ground in the stall or space in white, or suitable contrasting color, a profile view depicting a wheelchair with occupant; or
(B) By outlining a profile view of a wheelchair with occupant in white or blue background. The profile view shall be located so that it is visible to a traffic enforcement officer when a vehicle is properly parked in the space and shall be thirty-six (36) inches high by thirtysix (36) inches wide.
TABLE 9-10-2.1 MINIMUM AND MAXIMUM PARKING REQUIREMENTS Use Type or Use Spaces Required
Minimum
Spaces Required
Maximum
Unit of
Measurement
Residential
Family Residential
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Single-family 2.0 na per dwelling unit
Two-family 2.0 na per dwelling unit
Small multifamily 1.5 2.0 per dwelling unit
Large multifamily 1.5 2.0 per dwelling unit
Farm Labor Camp 0.25 0.33 per bed
Group Care 0.25 0.33 per bed
Group Residential 0.25 0.33 per bed
Second Unit Dwelling 1.0 na per dwelling unit
Shelters 0.25 0.33 per bed
Nonresidential
Administrative Offices 2.5 4.5 per 1,000 sq. ft.
Administrative Support
Services
2.5 4.5 per 1,000 sq. ft.
Agricultural Organizations 2.5 4.5 per 1,000 sq. ft.
Agricultural Processing 0.67 2.5 per 1,000 sq. ft.
Agricultural Warehousing 0.67 2.5 per 1,000 sq. ft.
Automotive Services 0.67 2.5 per 1,000 sq. ft.
Community Assembly 0.25 0.33 per seat
Construction Services 0.67 2.5 per 1,000 sq. ft.
Custom Manufacturing 0.67 2.5 per 1,000 sq. ft.
Eating Establishments
Convenience 4.0 8.0 per 1,000 sq. ft.
Full-service 8.0 12.0 per 1,000 sq. ft.
Educational Services
Commercial 3.0 4.0 per 1,000 sq. ft.
General (elementary and
middle schools)
0.9 1.0 per employee
General (high schools and
colleges)
0.2 0.25 per student
Equipment Sales and Repair 0.67 2.5 per 1,000 sq. ft.
Funeral and Interment
Services
Undertaking 0.25 0.33 per seat
General Industrial 0.67 2.5 per 1,000 sq. ft.
Laundry Services 0.67 2.5 per 1,000 sq. ft.
Liquor Sales
Off-premises 3.5 4.5 per 1,000 sq. ft.
On-premises, general 8.0 12.0 per 1,000 sq. ft.
On-premises, limited 4.0 8.0 per 1,000 sq. ft.
Lodging Services 0.75 1.0 per room
Medical Services 4.0 5.0 per 1,000 sq. ft.
Professional Services 2.5 4.5 per 1,000 sq. ft.
Public Services
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Administrative 2.5 4.5 per 1,000 sq. ft.
Essential (hospitals only) .5 1.0 per bed
Essential (other) 4.0 4.5 per 1,000 sq. ft.
Recreation
Indoor Participant, large
court – basketball, soccer,
etc.
8.0 12.0 Per court, plus
1.0 per 200 sq. ft.
for amenities and
other non-court
areas
Indoor Participant, small
court – badminton,
pickleball, racquetball
2.0 3.0 Per court, plus
1.0 per 200 sq. ft.
for amenities and
other non-court
areas
Indoor spectator 5.0 7.0 per 1,000 sq. ft.
Religious Assembly 0.25 0.33 per seat
Research and Laboratory
Services
2.5 4.5 per 1,000 sq. ft.
Retail Sales and Services
Primary 3.0 4.5 per 1,000 sq. ft.
Intermediate 3.5 4.5 per 1,000 sq. ft.
General 3.5 4.5 per 1,000 sq. ft.
Truck Services 0.67 2.5 per 1,000 sq. ft.
Wholesaling and
Distribution
0.67 2.5 per 1,000 sq. ft.
Other Use Types—As specified in Tables 9-10-201(a) and 9-10-201(b) of the Development Title.
CHAPTER 5. LANDSCAPING REGULATIONS
9-10-501 Purpose, Authority, and Responsibilities.
(a) Purpose. The intent of this Chapter is to prescribe standards for landscaping to protect public security and safety, conserve and protect property, improve the general appearance of the City of Mountain House, and support the implementation of the Model Water Efficient Landscape Ordinance (MWELO). The California Department of Water Resources prepares and updates the MWELO, which is set out in Chapter 2.7 of Title 23 of the California Code of Regulations (“Chapter 2.7”). The City uses the MWELO in reviewing and approving plans for landscape design and installation. For purposes of this chapter, terms not otherwise defined in this Code shall be deemed to have the meaning set out in section 490.2 of title 23 of the California Code of Regulations. If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends Chapter 2.7’s requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the City shall enforce the revised requirements of Chapter 2.7. Any references herein to
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Appendices A, B, or C shall be deemed to refer to such appendices to Chapter 2.7 of Title 23 of the California Code of Regulations.
(b) The purposes of landscape regulations under MWELO include:
(1) Promoting the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;
(2) Establishing a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government, and property owners to achieve the many benefits possible; (3) Establish provisions for water management practices and water waste prevention for existing landscapes;
(4) Using water efficiently without water waste by setting a Maximum Applied Water Allowance as the upper limit for water use and reduce water use to the lowest practical amount; (5) Promoting the benefits of consistent landscape ordinances with neighboring local and regional agencies;
(6) Encouraging local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and (7) Encouraging local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance that is at least as efficient as the Model Water Efficient Landscape Ordinance.
(8) Require water-efficient landscaping through the use of native and drought-tolerant plants and water-conserving irrigation practices;
(9) Aid in energy conservation by providing shade from the sun and shelter from the wind;
(10) Provide habitat through the re-establishment of native plants; (11) Assist in mitigating air quality impacts by reducing or absorbing pollutants; and (12) Minimize or eliminate conflicts between potentially incompatible, but otherwise permitted land uses on adjoining lots through visual screening. (c) Authority. These regulations are intended to comply with the requirements of California Government Code of Regulations, Title 23, Division 2, Chapter 2.7 for a “water efficient landscape ordinance.”
(d) The City’s Responsibilities. Pursuant to 23 California Code of Regulations § 491.3(b), the City is responsible for the enforcement of the MWELO, including but not limited to approval of a permit, plan check, or design review of a project. (1) Prior to construction, the City shall:
(A) provide the project applicant with the model ordinance and procedures for permits, plan checks, or design reviews;
(B) review the Landscape Documentation Package submitted by the project applicant; (C) approve or deny the Landscape Documentation Package; (D) issue a permit or approve the plan check or design review for the project applicant; and
(E) For the performance compliance option only, upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
(e) Project Applicant’s Responsibilities.
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(1) Prior to construction, the project applicant shall:
(A) Submit a Landscape Documentation Package to the City (2) Upon approval of the Landscape Documentation Package by the City, the project applicant shall:
(A) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;
(B) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or their designee unless the property owner is the project applicant; and
(C) for the performance-compliance option only, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
9-10-502 Applicability and Exemptions.
(a) Applicability. The requirements of this Chapter apply to the following landscape projects:
(1) “New construction projects” (i.e. new building with a landscape or a new landscape where one did not exist before) with a landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review; (2) “Rehabilitated landscape projects” with a landscape area which is equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
(b) Limited Applicability. The requirements of this Chapter shall apply in a limited manner as it relates to existing non-rehabilitated landscapes, cemeteries, and certain projects that meet their landscape water requirements entirely with gray water or rain water, as specified below:
(1) Existing Non-Rehabilitated Landscapes. Existing Non-Rehabilitated Landscapes shall only be subject to Section 9-10-510; and
(2) Cemeteries. Recognizing the special landscape management needs of cemeteries:
(i) Existing Cemeteries. Existing Cemeteries are only subject to the performance compliance requirements and provisions for existing non-rehabilitated landscapes, as outlined under Section 9-10-510
(ii) New and Rehabilitated Cemeteries. New and Rehabilitated Cemeteries are only subject to the following requirements: 1)the water efficient landscape worksheet; 2) the landscape and irrigation maintenance schedule, and 3)irrigation audits. (3) Certain Projects Using Gray Water or Rainwater. For Projects using gray water or rainwater, if any lot or parcel within the project has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement entirely with treated or untreated gray water (i.e., household showers, dishwashing operations, etc.) or through stored rainwater captured on site, then that respective lot or parcel is only subject to irrigation system requirements under the prescriptive compliance option set forth by the City. (c) Exemptions. The following are exempt from the requirements of this Chapter:
(1) Project landscaping that is less than 500 square feet; (2) Registered local, state or federal historical sites; (3) Areas in need of fire-resistant sections of vegetation; (4) Ecological restoration projects that do not require a permanent irrigation system;
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(5) Plant collections, as a part of botanical gardens and arboretums open to the public; and
(6) Mined-land reclamation projects, and other projects that do not require a permanent irrigation system
(7) Any area for which the Review Authority authorizes conditional exceptions, unless the standard specifically states that an exception cannot be granted; such exceptions may be granted if the Review Authority finds in writing that the proposed design is in substantial compliance with the purpose and intent of this chapter. 9-10-503 Landscaping Standards.
(a) General. Landscaping may consist of a combination of ground cover materials, shrubs, and trees. Ground cover may include grasses, shrubs, perennials, vines, or other plants; as well as natural features such as, mulch such as gravel, rock, stone, cinder, bark, or other permeable materials. Landscaping may include incidental or structural features including, but not limited to, stepping stones, site furniture, water features (i.e. water fountains), reflecting pools, art, or other ornamental features placed within a landscaped setting. All landscaping required by this Chapter shall comply with the following provisions and with the applicable Mountain House Design Manual and with the Mountain House design manuals and the Neighborhood-specific landscape guidelines, as applicable and to the extent not inconsistent with this Chapter and chapter 2.7 of title 23 of the California Code of Regulations. (b) Composition. Where required, planting shall include the installation and maintenance of no less than one (1) item from each of the following groups:
(1) Group One: Trees;
(2) Group Two: Shrubs or Vines; or
(3) Group Three: Ground Cover, Flowers or Turf.
(c) Water Efficient Landscape. All new landscaping shall be planned to create a water efficient landscape. The planted area shall balance the water demands of different plant species to create an overall landscape which requires a moderate amount of water. For design purposes, planting areas shall be defined as low use, medium use, or high use areas. The water value designations of low use, medium use, or high use, shall be determined from a plant list approved by the Director. Water use values reflect the relative water use of each type of planting area. To check a landscape design for compliance, multiply the water use value in the list by its respective planting area; if the sum of the water use factors is less than the design area, the design is acceptable.
(d) Plant Materials.
(1) Turf Allowance and Limited Exceptions:
(A) Turfgrass shall not exceed 25% of the landscape area in residential landscapes; (B) There shall be no turfgrass in non-residential landscapes; and (C) Turfgrass shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four feet of horizontal length; and, (D) Turfgrass is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. (E) Any turfgrass in parkways must be irrigated by subsurface irrigation or by other technology that creates no water waste, overspray or runoff;
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(F) Except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. Turf is prohibited on slopes greater than 20 percent. The Director may grant exceptions for special landscape areas (an irrigated area that may be all or part of the landscape project and is permanently and solely dedicated to edible plants such as orchards and vegetable gardens, recreational areas, areas irrigated with recycled water, or water features using recycled water, including:
(i) Cemeteries, schools, and parks; and
(ii) Any area for which the Director finds that the proposed design is in substantial compliance with the purpose and intent of this Chapter. (2) Stock Quality. Plants shall be healthy and meet minimum industry standards. (3) Plant Selection. Plant selection for non-residential development shall be in accordance with the plant list maintained by the City. Plant selection for all other development is as follows:
(A) Any plant that is not specifically prohibited may be selected for the landscape, providing the Estimated Total Water Use in the area does not exceed the Maximum Applied Water Allowance.
(B) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
(C) Each hydrozone shall have plant materials with similar water use. (i) Exceptions are allowed for hydrozones that use a mix of plant materials with low and moderate plant factors or moderate and high plant factors, as specified in Section 9-10-511.3 (d)(7).
(D) High water use plants, characterized by a plant factor range of 0.7 to 1.0, are prohibited in street medians.
(E) Plants should be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site, including water efficiency. Methods to achieve water efficiency include:
(i) Using the Sunset Magazine Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude and varying degrees of continental and marine influence on the local client;
(ii) Recognizing the horticultural attributes of plants (i.e. mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines) and to allow for adequate soil volume for healthy root growth; and (iii) Using solar orientation for plant placement to maximize summer shade and winter solar gain.
(4) Native Plant Preference. Native plants, particularly native trees and shrubs, shall be considered as the first alternative when selecting plants. (5) Height Limitations. Plantings, excluding trees, shall extend no more than three (3) feet above any street curb in the following locations:
(A) Within a thirty (30) foot snipe of a street intersection without a stop sign or stop light;
(B) Within a fifty (50) foot snipe of a street intersection containing a stop sign or stop light;
(C) Within a fifteen (15) foot snipe of a commercial driveway or alleyway; or
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(D) Within a ten (10) foot snipe of a residential driveway. (6) Trees. When planted, the trees shall be at least five (5) gallons in size. (7) Mulch. A minimum of three (3) inch layer of an organic mulch shall be applied on all exposed soil surfaces of planting areas, except in turfgrass areas, areas receiving closely spaced plugs as a lawn alternative or direct seeding applications where mulch is contraindicated.
To provide habitat for beneficial instincts and other wildlife, up to five percent of the landscape area may be left without mulch. Stabilizing mulching products must be used on slopes that meet current engineering standards. The mulching portion of the seed/mulch slurry in hydro seeded applications must meet the mulching requirement. placed in shrub areas on the soil surface after planting. Nonporous materials shall not be placed under the mulch. (e) Earth Berms. Earth berms shall comply with the following provisions:
(1) An earth berm may contribute toward the prescribed height of any planting, fencing, or wall; and
(2) Mounds of earth which are used to screen or for planting shall not maintain a slope greater than two to one (2:1).
(f) Irrigation. Irrigation systems shall be installed for all landscaped areas as follows (please be advised water waste resulting from inefficient landscape irrigation may result in penalties, as outlined in the water conservation chapter):
(1) Soil types and infiltration rates shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures.
(2) No overhead sprinkler irrigations systems (pop-up, impulse sprinklers, rotors) shall be installed in median strips less than ten (10) feet wide. (3) Any landscaping is required to use rain switches as part of any automatic irrigation system.
(4) All landscaped areas shall be irrigated with automatic irrigation systems. Low volume spray heads and drip irrigation systems shall be used, and systems shall be compatible with any reclaimed water systems.
(g) Erosion Control. Erosion shall be controlled as follows:
(1) Slopes created through grading during construction shall be (re)planted with groundcover at a maximum of eighteen (18) inches on center or (re)planted with shrubs; (2) Slopes shall be restricted to a maximum 2:1 slope ratio; (3) Slopes greater than six (6) feet in vertical height shall be planted with groundcover a maximum of eighteen (18) inches on center; (4) Erosion shall be controlled on all graded sites which remain vacant prior to building construction; and
(5) Protective netting may be required on an interim basis to ensure bank stability. (h) Protective Curbing. Protective six (6) inch concrete curbs or standard concrete wheel stops shall be required where planting or screening abuts parking stalls or driveways. (i) Timing of Installation. All required landscaping and irrigation shall be installed prior to the issuance of the Certificate of Occupancy or final inspection, unless a delay is granted by the Director.
(j) Safety. Landscaping and screening shall meet the following safety requirements:
(1) Landscape or screening elements which pose an unusual public health or safety threat shall not be permitted;
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(2) The height, spread, and growth habit of all plantings shall not interfere with or obstruct ease of movement; and
(3) Street trees, shall be pruned so that no branch shall extend over the sidewalk lower than six (6) feet above curb level.
(k) Maintenance. Landscaping and screening shall be maintained as follows:
(1) Plantings shall be maintained in good growing conditions and, whenever necessary, replaced with new plant materials;
(2) Lawn and ground cover shall be trimmed and mowed regularly and planting areas shall be kept free of weeds and debris;
(3) Plantings shall be fertilized, cultivated, and pruned on a regular basis, and good horticultural principles shall be practiced;
(4) When necessary, plantings shall be appropriately staked, tied, or otherwise supported. Supports shall be regularly monitored to avoid damage to plants; (5) All landscaping and related equipment, including, but not limited to, plant material, screening devices, walkways, benches, fountains, and irrigation systems, shall be maintained by the property owner; and
(6) All required screening materials shall be maintained in good condition and, whenever necessary, repaired or replaced.
(l) Replacements. When replacing vegetation, native plants, particularly native trees and shrubs, shall be considered as the first alternative. (m) Landscape Plans. Landscape Plans, including location, variety, irrigation, and other information necessary to determine compliance with these requirements must be submitted and approved by the Director whenever landscaping is required. For large scale projects, the Director may require these plans to be prepared by a Landscape Architect. 9-10-504 Street Trees.
(a) The planting of trees along streets is required for all new residential developments as follows:
(1) Spacing. Trees shall be spaced at a maximum of sixty (60) foot intervals or a minimum of one tree per lot frontage, except in the Rural Residential Zone, in which case a minimum of three (3) trees are required for each lot frontage. (2) Corner Lots. For corner lots, street trees shall be required on both street frontages.
The trees cannot interfere with sight distances and setbacks. (3) Size. Trees shall be five (5) gallons in size.
(4) Location. Trees shall be located such that at fifteen (15) years of age the crown will not encroach across side property lines.
(5) Location from Driveways. Trees shall be located a minimum of ten (10) feet from driveways.
(6) Location from Rights-of-Way. Trees shall be located a minimum of four (4) feet and a maximum of ten (10) feet outside of the road right-of-way. (7) Street Frontages. Street trees shall be required along street frontages where noise attenuation walls are required. They shall be placed in the yard or integrated with a serpentine wall.
(8) City Tree List. Trees shall be chosen from the City Tree List.
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(9) Exceptions. Exceptions to street tree planting may be permitted on those lots where proper spacing is not possible provided the exceptions are granted by the Director of the Community Development Department.
(10) Maintenance. Street trees shall be maintained by a public or private entity as follows:
(A) Plantings shall be maintained in good growing condition and, whenever necessary, replaced with new plant materials;
(B) Planting areas shall be kept free of weeds and debris; (C) Plantings shall be fertilized, cultivated, and pruned on a regular basis, and good horticultural principles shall be practiced; and
(D) When necessary, plantings shall be appropriately staked, tied, or otherwise supported. Supports shall be regularly monitored to avoid damage to plants. (11) Timing of Installation. Required street trees, including irrigation systems, shall be completely installed prior to the final inspection of the building. (12) Developer Responsibility. Developers shall be responsible for the landscaping of local streets and those collector streets that are not in the Public Land Equity Program, in accordance with the Master Plan, the Specific Plan and the Mountain House CSD Design Manual.
(13) Requirements in Industrial and Commercial Areas. In industrial and commercial areas, along collector streets, two (2) rows of large canopy shade trees shall be planted on each side of the roadway, flanking the sidewalks.
(A) Said trees shall be spaced an average of thirty (30) feet or less on center and shall be placed no closer than eight (8) feet to street light standards. (B) One (1) row of trees shall be planted within the parkway strip and one (1) row shall be planted within the front or side yard, five (5) feet from the edge of the sidewalk. (C) The Director may modify the requirement for plantings in the front or side yard to permit clustering of planting, or the Director may eliminate the requirement for plantings in commercial areas where the structures have minimal setbacks. (14) Tree List. Tree selection shall be in accordance with the tree list maintained by the City.
9-10-505 Requirements for Parking Areas.
The following requirements shall apply to all open, off-street parking areas and off-street loading areas, including nonresidential driveways:
(a) Parking areas with more than twenty (20) stalls shall provide a minimum of five percent (5%) of landscaping within the perimeter of the parking area, not including landscaping along the street frontage.
(b) One tree shall be required for each five (5) parking stalls, or portion thereof, and shall be evenly spaced throughout the parking lot.
(c) A ten (10) foot wide landscaped strip shall be installed between parking areas and adjacent public streets.
(d) Planters which abut parking stalls shall be a minimum of five (5) feet wide. A minimum eighteen (18) inch wide paved strip shall be added to the adjacent parking stall to allow access to and from vehicles.
(e) Unless otherwise specified, parking areas abutting a residential zone, an area shown on the General Plan for residential use, or an existing residential use, shall be screened
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with a solid masonry wall six (6) to seven (7) feet in height along the abutting property line, and a five (5) foot planting strip shall be installed adjacent to the wall and the parking area. (f) Parking lots shall be surrounded by hedges, shrubs and/or berms to mitigate the visual impacts on adjacent streets or uses. Hedges and shrubs shall be mature. The height of hedges or shrubs shall be maintained to provide visibility for safety. (g) Planting islands within parking areas shall be adequately sized to allow parking lot trees and shrubs to thrive, and to allow adequate clearance for car doors, bumper overhangs and visibility.
9-10-506 Requirements for Residential Zones.
The following requirements shall apply in the residential zones:
(a) Multifamily Developments. The following requirements shall apply to developments which result in five (5) or more multifamily dwelling units:
(1) All areas not used for buildings, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped; and (2) Site development shall incorporate the surrounding topography and provide for the preservation of natural features such as water courses, native oaks, heritage trees, wooded areas, and rough terrain.
(b) Mobile Home Parks. The following requirements shall apply to mobile home parks:
(1) All areas not used for buildings, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped; and (2) Site development shall relate harmoniously to the surrounding topography and provide for the preservation of natural features such as water courses, native oaks, heritage trees, wooded areas, and rough terrain.
(c) Reserved.
(d) Model Homes. All model homes that are landscaped shall display signs that provide information demonstrating the principles of water efficient landscapes described in this model ordinance.
(1) Signs shall be used to identify the model home as an example of a water efficient landscape. Signage shall include:
(A) fundamental water efficient landscape elements such as hydrozones, irrigation equipment, native plants, gray water systems, rainwater catchment systems, and other elements as applicable that contribute to the overall water efficient theme. (B) information about the site water use budget as designed per the local ordinance; specify who designed and installed the water efficient landscape. (2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
9-10-507 Requirements for Commercial Projects.
All areas not used for buildings, parking, driveways, walkways, or other permanent facilities shall be landscaped. A minimum ten (10) foot wide planting strip shall be required along adjacent streets. The strip shall be continuous except where crossed by driveways and walkways.
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9-10-508 Requirements for Industrial Projects.
All areas not used for buildings, parking, driveways, walkways, approved outdoor storage areas, or other permanent facilities shall be landscaped. At a minimum, a ten (10) foot wide planting strip is required along adjacent streets. The strip shall be continuous except where crossed by driveways and walkways.
9-10-509 Requirements for Freeways and Scenic Routes.
For commercial and industrial projects, a minimum ten (10) foot wide planting strip shall be required along all Interstate highways, all on- and off-ramps thereof, and all scenic routes that are defined in the General Plan.
9-10-510 Provisions for Existing Non-rehabilitated Landscapes (a) Existing non-rehabilitated landscapes that were installed before December 1, 2025 and are over one acre in size, are subject to the following provisions:
(1) For all existing non-rehabilitated landscapes that have a water meter, the City shall administer programs that may include, but are not limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing non-rehabilitated landscapes. (A) The Maximum Applied Water Allowance for existing non-rehabilitated landscapes shall be calculated as: MAWA = (ETo) x (0.62) x (0.8 x RLA + 1.0 x SLA). (2) For all existing non-rehabilitated landscapes that do not have a meter, the City shall administer programs that may include, but are not limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
(b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
9-10-511 Required Landscape Plans and Supporting Materials (a) General Requirements. A complete Landscape Documentation Package and any supporting documents (if applicable) must be provided to the Administrator on the forms required by the MWELO for all non-exempt landscape projects. Streamlined review of submittals are available for projects subject to limited applicability of requirements under this chapter.
(b) Landscape Documentation Package Requirements
(1) Prescriptive Compliance. Landscape projects that involve 2,500 square feet or less of landscape area may be approved through a Zoning Compliance Review if the applicant meets all of the following requirements. Under this procedure, Landscape Documentation requirements of the MWELO are waived.
(A) A project information sheet with the following completed elements:
(i) date the project information sheet is completed;
(ii) name of the project applicant;
(iii) contact information for the project applicant and property owner; (iv) project address (if available, parcel and/or lot number(s)); (v) total landscape area (square feet);
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(vi) project type (e.g., institutional (i.e., public), private, cemetery, homeownerinstalled); (vii) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well; and (viii) applicant signature and date with statement: “I agree to comply with the requirements of the prescriptive compliance option to the MWELO.” (B) A Landscape design plan that includes:
(i) Total landscape area (square feet); and
(ii) A breakdown of turfgrass and plant material (e.g., plant legend). (2) Performance Compliance. The performance compliance requirements shall be used as the compliance option for any landscape project with greater than 2,500 square feet of area and documented in the Landscape Documentation Package, as described in Section 9-10- 511, and the Certificate of Completion Package, as described in Section 9-10-516.The Landscape Documentation Package Requirements shall include the following six (6) elements:
(A) A project information sheet with the following completed elements:
(i) date the project information sheet is completed;
(ii) name of the project applicant;
(iii) contact information for the project applicant and property owner; (iv) project address (if available, parcel and/or lot number(s)); (v) total landscape area (square feet);
(vi) project type (e.g., new, rehabilitated, institutional (i.e., public), private, cemetery, homeowner-installed);
(vii) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well; (viii) checklist of all documents in Landscape Documentation Package; and, applicant signature and date with statement: “I agree to comply with the requirements for the performance compliance option of the MWELO and submit a complete Landscape Documentation Package.” (ix) applicant signature and date with statement: “I agree to comply with the requirements for the performance compliance option of the MWELO and submit a complete Landscape Documentation Package.”
(B) soil management report pursuant to Section 9-10-511.1; (C) landscape design plan pursuant to Section 9-10-511(c); (D) grading design plan pursuant to Section 9-10-511.2; (E) irrigation design plan pursuant to Section 9-10-511.3; and (F) Water Efficient Landscape Worksheet pursuant to Section 9-10-512:
(G) Maximum Applied Water Allowance (MAWA);
(H) Estimated Water Use (EWU); and
(I) Estimated Total Water Use (ETWU).
(c) Landscape Design Plans. Landscape Design Plans, including location, variety, irrigation, and other information necessary to determine compliance with these requirements must be submitted and approved by the Director whenever landscaping is required. For large scale projects, the Director may require these plans to be prepared by a Landscape Architect. (1) The landscape design plan, at a minimum, shall:
(A) delineate and label each hydrozone by number, letter, or other method; (B) identify the plant factor for each hydrozone as very low, low, moderate, high, or mixed water use.
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(i) Temporarily irrigated landscape areas shall use the low water use plant factor range in the water budget calculation specified in Section 9-10-512(d)(1). (C) identify special landscape areas, including:
(i) recreational areas;
(ii) areas permanently and solely dedicated to edible plants; and, (iii) areas irrigated with or water features using recycled water; (D) identify type of mulch and application depth;
(E) identify type and quantity of soil amendments;
(F) identify type and surface areas of water features;
(G) identify hardscapes (pervious and non-pervious);
(H) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements.
Stormwater best management practices are encouraged in the landscape design plan and examples are provided in subdivision (a)(5) of Section 490.1 of Title 23 of the California Code of Regulations.
(I) identify any applicable rain harvesting or catchment technologies and their 24- hour retention or infiltration capacity, if applicable; (J) Identify any applicable graywater discharge piping, system components, and area(s) of distribution;
(K) identify designated insect habitat;
(L) make plants identifiable to an inspector during final inspection; (i) Plants must be identifiable by botanical name, common name or cultivar as specified in Section 53481 of the Food and Agricultural Code. (M) contain the following statement: “I have complied with the performance compliance option criteria of the MWELO and applied them for the efficient use of water in the landscape design plan.”; and
(N) bear the signature of the designer of record.
(2) Plant Selection.
(A) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. (B) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
(C) Each hydrozone shall have plant materials with similar water use. (i) Exceptions are allowed for hydrozones that use a mix of plant materials with low and moderate plant factors or moderate and high plant factors, as specified in Section 9-10- 511.3(d)(7).
(D) High water use plants, characterized by a plant factor range of 0.7 to 1.0, are prohibited in street medians.
(E) Turfgrass is not allowed on slopes greater than 25% where the toe of the slope is adjacent to a non-pervious hardscape and where 25% means one (1) foot of vertical elevation change for every four (4) feet of horizontal length (rise divided by run x 100 = slope percent). (F) Methods to achieve water efficiency shall include one or more of the following:
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(i) protection and preservation of native species and natural vegetation; (ii) selection of plants based on local climate suitability, disease, and pest resistance; (iii) selection of water-conserving plant, tree, and turfgrass species, especially local native plants;
(iv) Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area; (v) Selection of plants from local and regional landscape program recommended plant lists; and
(vi) selection of plants from local Fuel Modification Plan Guidelines. (G) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
(i) use the Sunset Western Climate Zone System, 2007, which is herein incorporated by reference, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate; (ii) recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); allow for adequate soil volume for healthy root growth; and (iii) consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
(2) Water Features.
(A) Recirculating water systems shall be used for water features. (B) Where available, recycled water shall be used for decorative water features. (C) Surface area of a water feature shall use the high water use hydrozone plant factor in the water budget calculation.
(D) Pool and spa covers are highly recommended pursuant to subdivision (d) of Section 115921 of the Health and Safety Code.
(3) Soil Preparation, Mulch, and Amendments.
(A) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement.
(B) Soil amendments shall be incorporated according to recommendations of the soil management report and what is appropriate for the plants selected (see Section 9-10-511.1). (C) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of pervious area shall be incorporated to a depth of six inches into the soil.
Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling.
(D) A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turfgrass areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
(i) To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch and identified in the landscape design plan (see Section 9-10-511(c)(1)(K)).
(E) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement in Section 9-10-511(c)(3)(C).
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(F) Stabilizing mulching products shall be used on slopes that meet current engineering standards.
(G) Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available.
(i) Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (Public Resources Code section 4291). 9-10-511.1 Soil Management Report.
(a) A soil management report shall be completed by the project applicant, or their designee, as follows:
(1) Submit soil samples to a laboratory for analysis and recommendations. (A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (B) The soil analysis shall include:
(i) soil texture;
(ii) infiltration rate determined by laboratory test or soil texture infiltration rate table; (iii) pH;
(iv) total soluble salts;
(v) sodium;
(vi) percent organic matter; and
(vii) recommendations.
(C) In landscape projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% of the total number of lots will satisfy this requirement.
(i) Large landscape projects shall sample at a rate equivalent to 1 in 7 lots. (D) The project applicant, or their designee, shall comply with one of the following:
(i) If significant mass grading is not planned, the soil management report shall be submitted to the local agency as part of the Landscape Documentation Package; or (ii) If significant mass grading is planned, the soil management report shall be submitted to the local agency as part of the Certificate of Completion. (E) The soil management report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
(F) The project applicant, or their designee, shall submit documentation verifying implementation of soil management
9-10-511.2 Grading Design Plan.
(a) Grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted by the project applicant as part of the Landscape Documentation Package. A comprehensive grading plan approved by the local agency for other local agency permits satisfies this requirement.
(1) A landscape grading plan that indicates finished configurations and elevations of the landscape area, including:
(A) height of graded slopes;
(B) drainage patterns;
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(C) pad elevations;
(D) finish grade; and
(E) stormwater retention improvements, if applicable.
(2) To prevent excessive erosion and runoff, it is highly recommended that project applicants:
(A) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-pervious hardscapes;
(B) avoid disruption of natural drainage patterns and undisturbed soil; and (C) avoid soil compaction in landscape areas.
(3) The grading design plan shall contain the following statement: “I have complied with the performance compliance option criteria of the MWELO and applied them accordingly for the efficient use of water in the grading design plan.” and shall bear the signature of a licensed professional as authorized by law.
9-10-511.3 Irrigation Design Plan.
(a) This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package.
(b) Irrigation System Efficiency.
(1) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 9-10-512 regarding the Maximum Applied Water Allowance.
(2) For the purpose of determining Estimated Total Water Use, average irrigation system efficiency is assumed to be: (A) 0.75 for overhead irrigation systems; and (B) 0.81 for drip irrigation systems.
(3) Sprinkler head spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer’s recommendations. Head-to-head coverage is recommended.
(c) The irrigation design plan, at a minimum, shall contain the following:
(1) location and size of separate water meters and submeters; (2) location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, emission devices, moisture sensing devices, rain sensors, quick couplers, pressure regulating devices, and backflow prevention devices; (3) static water pressure at the point of connection to the public water supply; (4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for the emission devices controlled by each station; (5) identification of special landscape areas irrigated with and water features using recycled water;
(6) identification of any applicable graywater discharge piping, system components, and landscape areas where graywater is distributed;
(7) Identification of hydrozone areas shall be designated by number, letter, or other designation as identified on the landscape design plan. Designate the areas irrigated by each
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valve and assign a number to each valve using the Water Efficient Landscape Worksheet (see Appendix A). This table can also assist with the irrigation audit and programming the controller. (A) Each valve shall irrigate a hydrozone, or part of a hydrozone, with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (8) the following statement: “I have complied with the performance compliance option criteria of the MWELO and applied them accordingly for the efficient use of water in the irrigation design plan.”; and
(9) the signature of the designer of record. (See Division 3, Chapter 3.5, Article 3 of the Business and Professions Code).
(d) General Design Criteria.
(1) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system as specified in the California Plumbing Code (Cal. Code Regs., Title 24, Part 5, Chapter 6). A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements. (2) The design of the irrigation system shall conform to the hydrozones of the landscape design plan.
(3) Emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
(4) Where feasible, trees shall be placed on separate stations from hydrozones that include shrubs, groundcovers, and turfgrass to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (5) In mulched planting areas, the use of low-pressure and low volume irrigation systems is required to maximize water infiltration into the root zone. (6) Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no water waste, runoff, or overspray. (7) Individual hydrozones that use a mix of plants with low and moderate plant factors, or moderate and high plant factors, may be allowed if the plant factor used in the calculation of the estimated water use (EWU) is either:
(A) plant factor calculation is based on the proportions of the respective plant factors; or
(B) the highest plant factor is used.
(8) Individual hydrozones that use a mix of plants with high and low plant factors shall not be permitted.
(9) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems. (10) Overhead irrigation shall not be permitted within 24 inches of any nonpervious surface. Allowable irrigation within the setback from non-permeable surfaces may include drip irrigation, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
(A) no runoff occurs; or
(B) the adjacent non-pervious surfaces are designed and constructed to drain entirely to landscaping; or
(C) the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to the prevention of water waste. Prevention of overspray and runoff must be confirmed during the irrigation audit.
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(11) Restrictions regarding overspray and runoff in any irrigation system may be modified if:
(A) the landscape area is adjacent to pervious surfacing and no runoff occurs; or (B) the adjacent non-pervious surfaces are designed and constructed to drain entirely to landscaping; or
(12) Slopes greater than 25% shall not be irrigated with an irrigation system using an application rate exceeding 0.75 inches per hour.
(A) This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit.
(13) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system. (e) Irrigation System Components.
(1) Meters.
(A) Pursuant to California Water Code section 535, a water purveyor with 15 or more service connections shall install a dedicated irrigation meter(s) for new retail water service to a property with more than 5,000 sq. ft. of irrigated landscape excluding single-family residential connections and connections for the commercial production of agricultural crops or livestock. (B) For the purposes of this model ordinance, a submeter or dedicated irrigation meter shall be installed and may be used to assist with leak detection and water management for:
(i) non-residential landscapes with an irrigated landscape of 1,000 sq. ft. but not more than 5,000 sq. ft.
(ii) residential landscapes with an irrigated landscape of 5,000 sq. ft. or more. (2) Water Pressure.
(A) Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation. (B) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. (C) If the water pressure is below or exceeds the recommended pressure range of the specified emission devices, the installation of a pressure-regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer's recommended pressure range for optimal performance.
(f) Water Waste Prevention Equipment.
(1) The irrigation system shall be designed to prevent water waste. (2) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features. (3) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a break in the pressurized pipeline that delivers water from the water source to the valve or outlet) or routine repair.
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(4) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
(5) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. (6) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger.
(g) Emission Devices.
(1) Emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer's recommendations.
(2) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers'/International Code Council's (ASABE/ICC) 802-2020 “Landscape Irrigation Sprinkler and Emitter Standard,” which is herein incorporated by reference. (A) All overhead irrigation systems installed in the landscape must document a low quarter distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802- 2020
(3) Non-rotating spray sprinkler bodies are required to meet standards described in California Code of Regulations, Title 20, Division 2, Chapter 4, Section 1605.3(x). (h) System Controls.
(1) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for scheduling irrigation events.
(2) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
9-10-512 Water Efficient Landscape Worksheet.
(a) A project applicant shall complete the Water Efficient Landscape Worksheet, which compares the landscape project’s Estimated Total Water Use (ETWU) with the Maximum Applied Water Allowance (MAWA). ETWU must be equal to or below the MAWA. (1) The MAWA is calculated based on the maximum ETAF allowed for the landscape project and is expressed as annual gallons allowed. The maximum ETAF allowed is:
(A) 0.55 for residential regular landscape areas,
(B) 0.45 for non-residential regular landscape areas,
(C) 1.0 for new and existing (non-rehabilitated) Special Landscape Areas. (b) The ETWU is the sum of estimated water use (EWU) for each hydrozone. The evapotranspiration adjustment factor (ETAF) for each hydrozone is based on the plant factor and the average irrigation system efficiency. EWU is calculated using the ETAF, regular landscape areas, and the special landscape areas.
(c) In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix C. For geographic areas not covered in Appendix C, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference
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Evapotranspiration Zones Map, Department of Water Resources, 1999, which is herein incorporated by reference.
(d) Water budget calculations shall adhere to the following requirements:
(1) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources. The plant factor ranges are:
(A) less than 0.1 for very low water using plants,
(B) 0.1 to 0.3 for low water use plants,
(C) 0.4 to 0.6 for moderate water use plants, (D) 0.7 to 1.0 for high water use plants. (2) All water features shall use the high water use plant factor in the water budget calculations.
(3) Temporarily irrigated areas shall use the low water use plant factor in the water budget calculations.
(4) All Special Landscape Areas (SLA) shall be identified in the Landscape Design Plan (Section 9-10-511(c)) and the Irrigation Design Plan (Section 9-10-511.3) and their water use calculated as shown in Appendix A.
(5) A local agency may consider Effective Precipitation (Eppt) (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:
(A) Residential landscapes: MAWA = (ETo - Eppt) x (0.62) x [0.55 x RLA + 1.0 x SLA].
(B) Non-residential landscapes: MAWA = (ETo - Eppt) x (0.62) x [0.45 x RLA + 1.0 x SLA].
9-10-513 Irrigation Scheduling.
(a) All irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health and prevent water waste. Irrigation schedules shall meet the following criteria:
(1) Irrigation scheduling shall be regulated by automatic irrigation controllers. (2) Parameters used to set the automatic irrigation controller shall be developed and submitted with the Certificate of Completion for each of the following:
(A) the plant establishment period;
(B) the established landscape; and
(C) temporarily irrigated areas.
(3) Each irrigation schedule shall consider for each station all of the following parameters that apply:
(A) irrigation interval (days between irrigation events); (B) irrigation run times (hours or minutes per irrigation event to avoid runoff and prevent water waste);
(C) number of cycle starts required for each irrigation event to avoid runoff and prevent water waste;
(D) amount of applied water scheduled to be applied on a monthly basis; (E) application rate setting;
(F) root depth setting;
(G) plant type setting;
(H) soil type;
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(I) slope factor setting;
(J) shade factor setting; and
(K) distribution uniformity or irrigation efficiency setting. (4) Overhead irrigation systems shall be scheduled between 8:00 p.m. and 10:00 a.m., unless weather conditions prevent it. If the local agency or water purveyor has watering windows that are different or longer, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (5) Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA).
(A) Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (B) For implementation of the irrigation schedule, carefully consider the irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water does not exceed the Estimated Total Water Use.
9-10-514 Landscape and Irrigation Maintenance Schedule. (a) Landscapes shall be maintained to ensure water use efficiency. A regular landscape and irrigation maintenance schedule shall be submitted with the Certificate of Completion Package.
(b) A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment, and repair of the irrigation system and its components; aerating and dethatching turfgrass areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices. (c) Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(d) Repair of all irrigation equipment shall be done with replacement parts for the originally installed components or their equivalents, or with components that improve the average irrigation system efficiency.
(e) A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities. 9-10-515 Irrigation Audit.
(a) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor. Landscape irrigation audits shall not be conducted by the person who designed the landscape or installed the landscape.
(b) In large landscape projects or landscape projects with multiple landscape installations (i.e., production home developments) an auditing rate of 1 in 7 individual lots or approximately 15% of the total number of individual lots will satisfy this requirement. (c) For new construction and rehabilitated landscape projects installed after December 1, 2015:
(1) the project applicant shall submit an irrigation audit report with the Certificate of Completion Package to the local agency that may include, but is not limited to, inspection, system tune-up, system test with distribution uniformity, and reporting overspray or run off that causes overland flow; and
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(2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.
9-10-516 Certificate of Completion Package
The Certificate of Completion Package is completed by the project applicant or their designee to certify that the landscape project has been installed in accordance with the Model Water Efficient Landscape Ordinance.
(a) Prescriptive Compliance Option. The Certificate of Completion Package (see Appendix B for a sample certificate) shall include:
(1) a certificate of completion limited to:
(A) Project Information Sheet (Appendix B — Element 1); (B) Certificate of Installation according to the Landscape Documentation Package (Appendix B — Element 2);
(C) addressing applicable parameters as described in Section 9-10-513(a)(3) (Appendix B — Element 4); and
(D) landscape and irrigation maintenance schedule (Appendix B — Element 5). (b) Performance Compliance Option. The Certificate of Completion Package (see Appendix B for a sample certificate) shall include the following six (6) elements:
(1) project information sheet that contains:
(A) date the project information sheet is completed;
(B) project name;
(C) project applicant name, telephone, and mailing address; (D) project address and location; and
(E) property owner name, telephone, and mailing address. (2) certification by the designer of record that the landscape project has been installed per the approved Landscape Documentation Package (see Section 9-10-511(b)); (A) where there have been significant changes made in the field during construction, the “as-built” or record drawings shall be included with the certification; (B) A diagram of the irrigation plan showing hydrozones shall be kept with the automatic irrigation controller for subsequent management purposes. (3) soil management report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 9-10-511.1);
(4) irrigation scheduling parameters used to set the automatic irrigation controller (see Section 9-10-511.3);
(5) landscape and irrigation maintenance schedule (see Section 9-10-514); (6) irrigation audit report (see Section 9-10-515); and (c) Submittal. The project applicant shall:
(1) submit the signed Certificate of Completion Package to the local agency for review; and
(2) ensure that copies of the approved Certificate of Completion Package are submitted to the local water purveyor and property owner or their designee, unless the property owner is the project applicant.
(d) Action on Submittal. The local agency shall:
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(1) receive the signed Certificate of Completion Package from the project applicant; and
(2) approve or deny the Certificate of Completion Package. If the Certificate of Completion Package is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.
9-10-517 Modification of Requirements.
The requirements of this Chapter may be modified by the Director in cases where it is demonstrated that an alternative to said requirements would meet the intent of this Chapter and result in an equal or greater amount of landscaping. Decisions of the Director pursuant to this Section may be appealed using the Staff Review with Notice Procedure set forth in Chapter 4 of Division 2.
CHAPTER 6. FENCING AND SCREENING
9-10-601 Intent.
The intent of this Chapter is to prescribe standards for fencing and screening to protect public security and safety, conserve and protect property, and improve the general appearance of the City of Mountain House.
9-10-602 General Standards.
(a) Height Limits in Required Yards. Unless otherwise specified, fencing and screening shall not exceed the height limits in required yards specified below:
(1) In any required front or street side yards, fencing and screening shall not exceed three (3) feet in height.
(2) In any required rear or nonstreet side yard, fencing and screening shall not exceed seven (7) feet in height.
(b) Height Measurements. Unless otherwise specified, heights of fences and screens shall be measured as follows:
(1) Prescribed heights shall be measured above the actual adjoining level of finished grade.
(2) When there is a difference in the ground level between two (2) adjoining lots, the height of any fence or screen installed or constructed along any property line shall be determined by using the higher elevation.
(3) Where a fence is located along an arterial street or a collector street or along a streetside side yard, the height of the fence shall be determined by measurement from the adjoining level of finished grade at the lowest side of said fence. (4) Any baffle, louver, or wind deflector incorporated into a fence or wall construction shall be included within the measurement of its total height. 9-10-603 Fencing Standards.
Unless otherwise specified, fencing shall be permitted, but not required, and shall comply with the provisions of this Section.
(a) Fencing Materials. Fencing materials of corrugated plastic, corrugated iron, steel, aluminum, or asbestos, excluding chain link fencing, are specifically prohibited. Unless otherwise specified, barbed wire fence is prohibited.
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(b) Special Fencing Requirements. Notwithstanding any other provision of this Chapter the following special requirements shall apply to the types of fencing listed below:
(1) Playing Courts. The seven (7) foot fence height limit may be waived for playing courts, if the playing court is located in a side or rear yard and open type fencing material is used.
(2) Swimming Pools. All pools shall be enclosed per the requirements of the California Building Code.
(3) Levees.
(A) Any fence next to a levee shall conform to the requirements of Section 9-16-218 of this Title.
(B) The height of any fence or wall located at the toe of a levee may be increased to eight (8) feet subject to the review and approval of the Director. (c) Special Fencing Requirements for Residential Zones. The following requirements shall apply to fences in the residential zones:
(1) Fences in Rural Residential and Very Low Density Zones. An open fence up to seven (7) feet in height may be permitted in any required yard in areas carrying a Rural Residential or Very Low Density Residential Zoning designation. (2) Fences in Other Residential Zones. A fence up to seven (7) feet in height may be permitted in the front yard or street side yard of Low Density, Medium Density, Medium-High Density, and High Density Residential Zones, provided said fence is located a minimum of ten (10) feet from the property line.
(d) Special Fencing Requirements for Commercial Projects. The following requirements shall apply to fencing for commercial projects:
(1) Fencing of Front Yards. A fence up to seven (7) feet in height may be permitted in the required front yard, provided such fencing is constructed of woven wire, wrought iron, or similar open material and does not obstruct vehicular site distance. (2) Security Fencing. Except for fencing adjacent to planned or existing residential areas, barbed wire security fencing, not to exceed two (2) feet in height, may be erected on top of required or permitted fencing at the discretion of the Director. (e) Special Fencing Requirements for Industrial Projects. The following requirements shall apply to fencing for all industrial projects:
(1) Fencing of Front Yards. A fence up to seven (7) feet in height may be permitted in the required front yard, provided such fencing is constructed of woven wire, wrought iron, or similar transparent material and does not obstruct vehicular site distance. (2) Security Fencing. Barbed wire security fencing, not to exceed two (2) feet in height, may be erected on top of required or permitted fencing, except for fencing adjacent to planned or existing residential areas. Electrical fencing adjacent to planned or existing residential areas is prohibited.
(f) Special Fencing Requirements for Agricultural Zones. The following provisions shall apply to fences in agricultural zones:
(1) An open fence up to seven (7) feet in height may be permitted in any required yard in areas carrying an agricultural zoning designation. (2) An open fence eight (8) feet in height may be permitted in any side yard or rear yard for parcels twenty (20) acres or greater in size in areas zoned for agriculture. (3) Barbed wire fencing, not to exceed two (2) feet in height, may be erected on top of permitted fencing.
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(g) Applicability of Design Manuals and Guidelines. Fencing is subject to the Mountain House Single Family Design Manual and the Neighborhood-specific landscape guidelines.
9-10-604 Screening Standards.
Screening may be used in any zone, provided a safe sight distance is maintained. All screening required by this Chapter shall comply with the provisions of this Section. (a) Materials. Screening shall include the installation and maintenance of one (1), or a combination, of the following elements:
(1) Plant materials;
(2) Fencing;
(3) Walls; or
(4) Berms.
(b) Screening Materials. Screening materials of corrugated plastic or iron, steel, aluminum, asbestos, wood (excluding wood in combination with masonry), or security chain-link fencing are specifically prohibited. Security chain-link fencing may be permitted for commercial and industrial projects if combined with landscaping acceptable to the Review Authority. Unless otherwise specified, barbed wire and slats are not permitted. (c) Density. When plant materials are used for screening, they shall be planted in such quantity and location as to achieve an effective visual screen within three (3) years of installation. If a hedge fails to retain such density any time after this three (3) year period, it shall be supplemented or replaced with other dense landscaping or an appropriate fence or wall. (d) Special Screening Requirements for Commercial Projects. The following requirements shall apply to all commercial projects:
(1) Screening Adjoining Residential Areas. If a commercial project abuts a residential zone, an area shown on the General Plan for residential use, or a conforming residential use, a solid masonry wall six (6) to seven (7) feet in height shall be erected along the abutting property line.
(2) Screening of Storage Area. All storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public rights-of-way. Screening shall be six (6) to seven (7) feet in height. Outside storage is not permitted in front yards, street side yards, or in front of main buildings. (3) Screening of Roof Equipment. All roof-mounted mechanical equipment, tanks, ventilating fans, or similar equipment shall be visually screened from view from adjacent properties and public rights-of-way at grade. Required screens shall be architecturally compatible with the building or structure on which they occur.
(e) Special Screening Requirements for Industrial Projects. The following requirements shall apply to all commercial projects:
(1) Screening Adjoining Residential Areas. If an industrial project abuts a residential zone, an area shown on the General Plan for residential use, or a conforming residential use, a solid masonry wall six (6) to seven (7) feet in height shall be erected along the abutting property line.
(2) Screening of Storage Areas. Storage areas shall be screened as follows:
(A) Unless otherwise specified, all storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public rights-of-way. Said screening shall be six (6) to eight (8) feet in height. Items stored
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within one hundred (100) feet of a dedicated street or residential zone shall not be stacked higher than two (2) feet above the adjacent screen;
(B) Screening shall not be required for a storage area that abuts an existing industrial use or property designated on the General Plan Map for industrial use, provided the storage area is not adjacent to an existing residential use or property designated on the General Plan Map for residential use or a public street.
(C) All exterior electrical cage enclosures and storage tanks shall be screened from view from access or adjacent streets and residential neighborhoods. (3) Screening of Roof Equipment. Except in the General Industrial Zone (I-G), all roof-mounted mechanical equipment, tanks, ventilating fans, or similar equipment shall be visually screened from view from adjacent properties and public rights-of-way. Screening shall not exceed a height of six (6) feet from roof level. Required screens shall be architecturally compatible with the building or structure on which they occur. (4) Exceptions to Height Requirements. The requirements of this Chapter shall not apply to uses permitted in any industrial zone which are required to maintain visual screens to a height greater than specified in this Title.
(f) Maintenance. All required screening materials shall be maintained in good condition by the property owner and, whenever necessary, repaired or replaced. (g) Screening in Community Commercial Zones. Service, mechanical, trash storage and loading areas in areas zoned Community Commercial (C-C) shall be located away from public streets or use areas, and screened from view to the extent feasible. (h) Screening in Residential Areas. Trash receptacles for single-family residential dwellings shall be screened by enclosures or landscaping and concealed from view. Trash receptacles for multiple-family dwellings shall be fully enclosed, and screened from view. (1) Enclosures shall be compatible with the building architecture and shall be constructed of masonry or other permanent materials.
(2) Gates shall be of solid construction, and entirely block the view of the trash receptacle.
(3) All enclosures shall be landscaped with a combination of trees, shrubs and/or vines.
9-10-605 Noise Attenuation Walls.
Walls, fences, berms, and/or landscaping for the purpose of noise attenuation may be required in any zone when adjacent to a high noise generator such as a major roadway or railroad. Noise attenuation requirements shall be developed in response to the noise level and source affecting specific property. Where noise attenuation walls are required, height and yard restrictions for walls may be waived by the Director as required for effective noise reduction. 9-10-606 Modification of Requirements.
The requirements of this Chapter may be modified by the Director in cases where it is demonstrated that an alternative to said requirements would meet the intent of this Chapter and result in an equal amount of fencing and screening. Decisions of the Director pursuant to this Section may be appealed using the Staff Review with Notice Procedure set forth in Section 9-2- 401.
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9-10-607 Electrified Security Fencing.
Electrified security fences may be permitted in industrial, commercial, or agricultural zones subject to the following development standards. In the event of a conflict between this section and any other provision of Chapter 4 of Division 10, Section 9-10-607 shall control. (a) Warning Signs. The electrified security fence shall be clearly identified by installing prominently placed warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet the following criteria:
(1) The warning signs are placed at each gate and access points, and at intervals along the fence not exceeding thirty (30) feet.
(2) The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.
(3) The warning signs are marked with a written warning or a commonly recognized symbol for shock.
(4) The minimum dimensions for each sign is nine (9) inches by twelve (12) inches. (b) Power. The primary power voltage for an electrified security fence shall not exceed twelve (12) DC volts maximum. The electrified security fence shall only be electrified when the business it is protecting is closed to the public. (c) Height. The height of an electrified security fence may exceed the height of the protective barrier by two (2) feet, not to exceed ten (10) feet in overall height. (d) Setbacks. Setbacks between the protective barrier and electrified security fence are required as follows:
(1) Any opening in the perimeter Protective Barrier that is less than or equal to three (3) inches shall require a minimum twelve (12) inch setback for the electrified security fence. (2) Any opening in the perimeter protective barrier that is greater than three (3) inches but no more than six (6) inches shall require a minimum three (3) foot setback for the electrified security fence, or an approved mesh or equivalent material, with openings not to exceed three (3) inches, shall be installed.
(3) When abutting an existing or planned residential area, or a residentially developed parcel, a protective barrier consisting of a minimum six (6) foot high solid wooden fence or block wall shall require a minimum twelve (12) inch setback for the electrified security fence.
Any other protective barrier proposed adjacent to an existing or planned residential area, or a residentially developed parcel, is required to have an approved mesh installed, as reviewed by the Community Development Department, as a secondary protective barrier, be a minimum of six (6) feet in height, and require a minimum twelve (12) inch setback for an electrified security Fence.
(e) Knox Box. Before the electrified security fence is electrified, a Knox Box shall be installed and the security fence shall be inspected by the Fire Department. The Knox Box shall be fully operational at all times when the Electrified Security Fence is operational. If at any time the Knox Box is not operational, the electrified security fence cannot be activated. (f) Uses and Locations.
(1) Unless specifically designated in this subsection, electrified security fences shall not be permitted in any zoning district.
(2) Electrified security fences shall be authorized in the I-W (Warehouse), I-P (Industrial Park), I-L (Limited Industrial), I-G (General Industrial), AG (General Agricultural), AL (Limited Industrial), AU (Agriculture Urban Reserve), and ARM (Agriculture Resource Management) zones.
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(3) Electrified security fences shall be authorized in the C-C (Community Commercial and C-G (General Commercial) zones only for the following land uses:
(A) Auction sales—Indoor, outdoor;
(B) Automotive sales and services—Automotive rentals, automotive repairs (light), automotive repairs (heavy), automotive sales, operable vehicle storage, parking; (C) Construction sales;
(D) Construction services—Light;
(E) Custom manufacturing;
(F) Equipment sales and repair—Farm machinery (sales), leisure; (G) Nursery sales and services—Wholesale, landscaping services; (H) Personal storage;
(I) Transportation services;
(J) Recreation—Marinas;
(K) Truck Sales and Services—Sales;
(L) Utility services—Minor, major;
(M) Wholesaling and distribution—Light;
(N) Communication services;
(O) Other uses which are comparable to or no more intensive than those enumerated in Development Title Section 9-10-607(f)(3).
(4) Permits.
(A) A building permit shall be required for electrified security fences in any commercial zone, for any electrified security fence exceeding seven (7) feet in height. (B) Electrified security fencing in the C-RS (Rural Service Commercial) and the C-X (Crossroad Commercial) zones are subject to Director’s review pursuant to Development Title Section 9-10-606.
CHAPTER 7. PERFORMANCE STANDARDS
9-10-701 Intent.
The intent of this Chapter is to provide standards to mitigate dangerous or objectionable environmental impacts of commercial and industrial uses, pursuant to the health and safety policies of the General Plan.
9-10-702 Applicability of Performance Standards.
The provisions of this chapter shall apply to all commercial and industrial uses in the City of Mountain House, except as otherwise provided herein. 9-10-703 Air Quality.
All emissions shall be subject to the rules and regulations of the San Joaquin Valley Unified Air Pollution Control District.
9-10-704 Odor.
All uses shall be so operated as not to cause odors which are perceptible and offensive to the average person at any residential lot line. Primary and secondary safeguard systems shall be provided to control odors.
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9-10-705 Vibration.
(a) Perceptible Displacement. No use shall cause any perceptible displacement at any lot line abutting any zone except an Zone.
(b) Displacement Within the General Industrial Zone. Vibration displacement along any lot line within an I-G Zone shall not exceed the levels set forth in Table 9-10-5.1. Vibration displacement shall be measured by a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity, or acceleration. Readings shall be made at points of maximum vibration along any lot line within an I-G Zone. (c) Exceptions. The limits of this Section shall not apply to operations involved in the construction or demolition of structures or infrastructure or to vibration caused by motor vehicles or trains.
TABLE 9-10-5.1 MAXIMUM DISPLACEMENT LEVELS AT ANY LOT LINE (IN INCHES) Frequency
(cycles per second)
Steady State Impact
10 and below .0010 .0020
10—20 .0008 .0016
20—30 .0007 .0014
30—40 .0003 .0006
40—50 .0002 .0004
50—60 .0001 .0002
60 and over .0001 .0002
9-10-706 Light and Glare.
The provisions of this Section shall apply to all outdoor lighting with the exception of public street lighting.
(a) Measurement. Illumination levels shall be measured with a photoelectric photometer following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination. The photoelectric photometer shall be located inside the property line nearest the luminaire, at a distance from the property line equal to the required yard depth or width at that point.
(b) Protection of Uses on Adjacent Lots. No use shall cause glare above 1.0 footcandles on an adjacent lot developed or zoned for residential use, or shown as residential on the General Plan Map, or cause glare on a street or alley. (c) Nuisances. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance to uses on adjacent lots in residential or commercial zones. (d) Shielding or Recessing. Exterior lighting shall be shielded or recessed to minimize direct glare and reflections.
(e) Prohibitions. Lighting of unusually high intensity or brightness is prohibited. 9-10-707 Heat, Humidity, and Cold.
Heat, humidity, or cold emanating from any use shall not be discernible at any lot line of the lot containing such use.
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9-10-708 Electrical Disturbances.
All uses and property are subject to the following provisions:
(a) Uses involving electromagnetic forces shall not cause electrical disturbances which adversely affect individuals or the operation of any equipment beyond any lot line of the lot containing such uses.
(b) The disclosure of potential health effects associated with electromagnetic fields and PCB-contaminated electrical equipment shall be required with residential development proposals.
9-10-709 Noise.
All uses and property shall be subject to the following provisions concerning noise levels:
(a) Transportation Noise Sources.
(1) Excluding proposed noise sensitive land uses on infill lots, proposed noise sensitive land uses that will be impacted by existing or planned transportation noise sources shall be required to mitigate the noise levels from these transportation noise sources so that the resulting noise levels on said proposed noise sensitive land uses do not exceed the standards specified in Table 9-10-5.2, Part I. Proposed noise sensitive land uses on infill lots that will be impacted by existing or planned transportation noise sources shall be required to mitigate the noise levels from these transportation noise sources so that the resulting noise levels on said proposed noise sensitive land uses on such infill lots do not exceed the standards specified in Table 9-10-5.2, Part I for interior spaces only.
(2) Private development projects that include the development of new transportation facilities or the expansion of existing transportation facilities shall be required to mitigate the noise levels from these transportation facilities so that the resulting noise levels on noise sensitive land uses within and adjacent to said development projects do not exceed the standards specified in Table 9-10-5.2, Part I.
(b) Stationary Noise Sources.
(1) Excluding proposed noise sensitive land uses on infill lots, proposed noise sensitive land uses that will be impacted by stationary noise sources shall be required to mitigate the noise levels from these stationary noise sources so that the resulting noise levels on said proposed noise sensitive land uses do not exceed the standards specified in Table 9-10-5.2, Part II.
(2) Proposed projects that will create new stationary noise sources or expand existing stationary noise sources shall be required to mitigate the noise levels from these stationary noise sources so as not to exceed the noise level standards specified in Table 9-10-5.2, Part II. (c) Standards for Commercial and Industrial Uses. For new commercial uses, industrial uses or utilities, the exterior, non-transportation noise level performance standards specified in Table 9-10-5.2, Part III shall be applicable. (d) Standards for Residential Uses.
(1) New residential development shall not be allowed where noise levels due to stationary noise sources would exceed the exterior noise level standards set forth in Table 9-10-
5.2, Part III.
(2) Noise levels from mobile noise sources in primary outdoor use areas of new residential development shall not exceed an Ldn of sixty (60) dB unless the project design includes mitigation measures to reduce noise in outdoor activity areas to sixty (60) dB, or as reasonably close to sixty (60) dB as is possible. Where it is not possible to reduce noise in
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outdoor activity areas to an Ldn of sixty (60) dB or less, an exterior noise level of up to, but not exceeding, an Ldn of sixty-five (65) dB may be allowed by the Review Authority. (3) Exterior noise levels shall not create an interior noise level exceeding forty-five (45) dB.
(4) Noise studies for specific residential projects proposed in areas with noise levels from mobile sources above Ldn sixty (60) dB shall address how noise levels in outdoor areas could be maintained at or below an Ldn of sixty-five (65) dB. (e) Standards for Other Specified Uses.
(1) Noise-sensitive land uses other than residential uses shall not be allowed where noise levels due to stationary noise sources would exceed the exterior noise level standards set forth in Table 1025.9M.
(2) On school sites and other noise-sensitive land uses, any outdoor instructional areas or areas which require speech audibility shall be located outside the sixty (60) dB Ldn noise contour from mobile sources or shielded from mobile noise in excess of sixty (60) dB Ldn. (3) Exterior noise levels shall not create an interior noise level exceeding forty-five (45) dB.
(4) Noise studies prepared for noise-sensitive land uses shall address how noise levels in outdoor areas from mobile sources shall be maintained at or below an Ldn of sixty (60) dB. (f) Exemptions. The following shall be exempt from the provisions of this Chapter:
(1) Activities conducted in public parks, public playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events; (2) Any mechanical device, apparatus or equipment used, related to, or connected with, emergency activities or emergency work;
(3) Noise sources associated with construction, provided such activities do not take place before 6:00 a.m. or after 9:00 p.m. on any day;
(4) Noise sources associated with the maintenance of residential property located in a residential zone, provided such activities shall take place between the hours of 8:00 a.m. and 9:00 p.m. on any day;
(5) Noise sources emanating from any agricultural operation, including activities associated with the processing or transportation of crops when such activities are conducted on agriculturally zoned lands;
(6) Noise sources associated with residential air conditioning equipment, provided such equipment is in good repair;
(7) Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities;
(8) Noise sources associated with the collection of waste or garbage; (9) Any activity whose regulation has been preempted by State or Federal law. (g) Acoustical Study. The Review Authority shall require the preparation of an acoustical study in instances where it has determined that a project may expose existing or proposed noise sensitive land uses to noise levels exceeding the noise standards specified in Table 9-10-5.2. This determination shall be based on the existing or future sixty-five (65) dB Ldn noise contour in the General Plan, the proximity of new noise sensitive land uses to known noise sources, or the knowledge that a potential for adverse noise impacts exists. The study shall be paid for by the applicant and shall be prepared by a person or persons selected by the Director. The Director shall select the consultant from the City’s consultant list. The acoustical study shall include the following information:
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(1) A general description of the project, with appropriate maps, and the noise sources of concern;
(2) A description of the methodology that will be used to assess noise impacts, including a listing of all assumptions and data used in any computer models. (A) Computer models that will be used for noise predictions shall be standard versions approved by the FHWA, FAA, Caltrans, or other government agencies. (B) For traffic noise studies, the computer models, SOUND32 or other proprietary models based on the 1978 “FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77- 108)” shall be used. The FHWA’s new “Traffic Noise Model” (TNM) shall be used after its phase in date. For aircraft noise studies, the latest version of the FAA’s “Integrated Noise Model” (INM) shall be used.
(C) If standard government approved models do not exist (e.g., railroad and industrial noise sources), a description shall be provided.
(3) A description of existing and future noise levels together with a comparison of these noise levels to the noise level standards specified in Table 9-10-5.2. (4) Recommended mitigation measures to achieve compliance with the standards specified by Table 9-10-5.2 (i.e., noise barriers, site design, setbacks, equipment modification, structure sound proofing), or a detailed explanation stating why mitigation is infeasible. (h) Noise-Attenuation Measures. In addition to any other noise-attenuation measures specified in the Title, the following additional measures shall be applicable:
(1) Until such time as residential, school or other noise-sensitive development is proposed within one thousand (1,000) feet of the railroad tracks in Mountain House, or until such time as rail use is initiated within the community, noise mitigation shall be limited to a sound wall along the tracks between the proposed transit station and Marina Boulevard. (2) Residential development shall be set back from the centerline of I-205 a sufficient distance to satisfy Master Plan noise policies after the inclusion of sound mitigation improvements such as berms and soundwalls.
(i) Measurement. When noise level measurements are conducted, sound level meters meeting Type 1 (precision) or Type 2 (general purpose) sound level meter/microphone combinations shall be used.
(1) Sound level meters shall be properly calibrated before use and used according to the manufacturer’s instructions;
(2) All measurements shall be in terms of A-weighted decibels using slow meter response, except for impulsive noise which shall be measured using fast meter response; (3) Measurements shall include sufficient sampling periods and locations to adequately describe local conditions and significant noise sources. (j) Prohibited Activities. The outdoor operation of any industrial, commercial, or residential property maintenance tool or equipment powered by an internal combustion engine or electric motor including, but not limited to, leaf blower, chainsaw, lawn mower, hedger, and vacuum cleaner is prohibited within 500 feet of a residence located in a residential zone between the hours of 9:00 p.m. and 8:00 a.m.
TABLE 9-10-5.2 MAXIMUM ALLOWABLE NOISE EXPOSURE
PART I. TRANSPORTATION NOISE SOURCES
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Noise Sensitive Land Use
(Use Types)
Outdoor Activity
Areas1dB Ldn
Interior Spaces
dB Ldn
Residential 65 45
Administrative Office - 45
Child Care Services-Child
Care Centers
- 45
Community Assembly 65 45
Cultural & Library Services - 45
Educational Services: General - 45
Funeral & Interment
Services—Undertaking
65 45
Lodging Services 65 45
Medical Services 65 45
Professional Services - 45
Public Services (excluding
Hospitals)
- 45
Public Services (hospitals
only)
65 45
Recreation—Indoor Spectator - 45
Religious Assembly 65 45
PART II. STATIONARY NOISE SOURCES
Outdoor Activity
Areas1
Daytime2(7 a.m. to 10
p.m.)
Outdoor Activity
Areas1
Nighttime2(10 p.m. to 7
a.m.)
Hourly Equivalent Sound
Level (Leq), dB
50 45
Maximum Sound Level
(Lmax), dB
70 65
1 Where the location of outdoor activity areas is unknown or is not applicable, the noise standard shall be applied at the property line of the receiving land use. When determining the effectiveness of noise mitigation measures, the standards shall be applied on the receiving side of noise barriers or other property line noise mitigation measures. 2 Each of the noise level standards specified shall be reduced by 5 dB for impulsive noise, single tone noise, or noise consisting primarily of speech or music.
PART III. EXTERIOR NONTRANSPORTATION NOISE LEVEL STANDARDS Noise Level
Descriptor
Daytime (7 a.m. to 10
p.m.)
Nighttime (10 p.m. to
7 a.m.)
Hourly Leq 55 dB 50 dB
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Note: Each of the above noise levels may be lowered by five (5) dB for simple tone noises or for noises consisting primarily of speech or music. 9-10-710 Evaluation of Proposed Projects.
Applicants for industrial or commercial projects requiring discretionary approval may be required by the Review Authority to submit such evidence as is necessary to determine whether the project complies or will comply with the provisions of this Chapter. Failure to submit the information requested within a specified time period shall render the application incomplete.
Required information may include, but is not limited to, the following:
(a) Construction Plans. Plans of construction and development; (b) Production Plans. A description of the machinery, processes, or products to be used or produced on the premises;
(c) Emission Levels. Measurement of the expected amount or rate of emission of any dangerous or objectionable elements from the premises; and (d) Emission Mitigation. Specifications for the mechanisms and techniques used or proposed to be used in restricting the emission of any dangerous or objectionable elements from the premises.
CHAPTER 8. SOCIAL CARE FACILITIES
9-10-801 Intent.
The intent of this Chapter is to provide special regulations pertaining to social care facilities in order to preserve the quality of care provided to people using the facilities. 9-10-802 Applicability.
The provisions of this chapter shall apply to the use types listed below. These use types are described in Chapter 4 of Division 1.
(a) Child Care Services: Child Care Centers
(b) Group Care: Large.
(c) Group Care: Adult Day Care.
9-10-803 Review Standards and Guidelines.
The following shall be the standards and guidelines for the review and approval of social care facilities:
(a) Exterior Yard Area. A site plan, to scale, of the exterior yard area that will be used for social care purposes shall be submitted containing information as required by the Director of the Community Development Department.
(b) Outdoor Recreation Area. A minimum of thirty-five (35) square feet of outdoor recreation area shall be provided per facility user under two (2) years of age and a minimum of seventy-five (75) square feet must be provided per user over two (2) years of age. (1) Areas which may not be included in calculating outdoor recreation area include side yards less than ten (10) feet in width and areas containing swimming pools, spas, or other water bodies unless covered and deemed safe pursuant to state regulations. (2) Neighborhood greenbelt and park space may be used to satisfy the outdoor recreation area requirement if these alternative areas are located in immediate proximity to the
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facility, are appropriate for recreation, and proper insurance coverage has been obtained for them.
(c) Fencing. All outdoor recreation areas shall be enclosed by walls or fences not less than six (6) feet in height. Should existing fencing be less than six (6) feet in height, the Review Authority may approve such alternative fencing if, upon review of adjacent uses, supervision ratios, and facility floor plans, it is determined that the existing fence height will not be detrimental to the health, safety, or welfare of facility users. (d) Garages. Garages shall be prohibited as a social care facility recreation area unless:
(1) Alternative on-site parking is available to meet minimum residential parking requirements; and
(2) The garage is improved to meet building and fire code regulations as a habitable space.
(e) Outdoor Activities. Outdoor activities shall not be permitted before 7:00 a.m. or after 10:00 p.m.
(f) Public Service Access. The applicant has developed and will implement a public service access plan providing or arranging for transportation, as necessary, for group care residents or children. The plan shall specifically describe the means by which residents will gain access to bus and other public transportation routes, shopping locations, medical, dental, or other health care facilities, and government offices.
(g) Maintenance. The applicant will provide adequate exterior maintenance to the facility and surrounding yard and setback areas. This shall include a plan demonstrating provisions for regular yard and landscape irrigation and maintenance and other items of routine maintenance.
(h) Siting Criteria. Site approval applicants should clearly identify industrial operations within 1,000 feet of any social care services they propose to establish.
CHAPTER 9. MOBILE HOME PARKS
9-10-901 Intent.
The intent of this Chapter is to establish minimum standards for the location and development of mobile home parks. The criteria and standards set forth herein are intended to supplement applicable zone regulations and provisions of state law. 9-10-902 Mobile Home Standards.
No new mobile home park approved pursuant to this Title shall accommodate any mobile home which does not comply with current state standards for such homes. 9-10-903 Mobile Home Density.
The density of mobile homes in any mobile home park shall comply with the density set forth in the General Plan for the area in which the mobile home park is located, but shall not exceed ten (10) mobile homes per net acre.
9-10-904 Site Specifications.
Mobile home sites shall comply with the provisions of this Section.
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(a) Area. Each site shall contain two thousand five hundred (2,500) square feet.
However, an individual site may contain less area provided the average area of all sites in the mobile home park is at least two thousand five hundred (2,500) square feet. (b) Width. Sites shall average no less than forty (40) feet in width. (c) Frontage. Sites shall have at least twenty-five (25) feet of frontage on a road servicing the interior of the mobile home park.
(d) Yards and Setbacks. Yards and setbacks for each mobile home park shall be those required for main buildings by the zone in which the mobile home park is located. 9-10-905 Access and Circulation.
Roads servicing mobile home parks shall comply with the provisions of this Section. (a) Entrance Roads. Roads which service entrances to mobile home parks shall provide two-way access and shall be located no less than one hundred fifty (150) feet from any intersection of public streets. The minimum number of entrances and exits to and from mobile home parks shall be determined by the Director.
(b) Internal Roads.
(1) All mobile home parks shall be serviced by at least one (1) interior road of continuous two-way circulation.
(2) No road which does not provide for continuous circulation shall exceed six hundred (600) feet in length. Such roads shall be terminated by cul-de-sacs of no less than fifty (50) feet in radius.
(c) Road Widths. Minimum road widths shall be as follows:
(1) Twenty-four (24) feet for roads on which parking is prohibited; (2) Thirty-two (32) feet for roads on which parking is allowed on one side only; and (3) Forty (40) feet for roads on which parking is permitted on both sides. 9-10-906 Walkways and Bikeways.
Walkways and bikeways shall be provided as required by this Section. (a) General Requirement. All mobile home parks shall provide internal walkways which connect each mobile home site provide access to all common areas and a public street. (b) Driveway Crossings. Driveway crossings shall be held to a minimum on walkways, shall be located and designed to provide safety, and shall be appropriately marked and otherwise safeguarded.
(c) Walkways Used by Children. Walkways to be used by children as routes to school, bus stops, or other destinations shall be located and safeguarded to minimize contacts with automobile traffic.
(d) Bikeways. Bikeways shall be incorporated into the walkway system if there are more than two hundred (200) spaces proposed.
(e) Combined with Easements. Walkways and bikeways may be combined with other easements and used by emergency, maintenance, or service vehicles, but shall not be used by other vehicle traffic.
9-10-907 Parking.
Off-street parking shall be provided as set forth in this Section. (a) On-site Parking. There shall be a minimum of one (1) parking space provided at each mobile home site.
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(b) Guest Parking. Additional parking areas shall be established and maintained for the use of guests and shall conform to the following standards:
(1) Guest parking areas shall be provided at the rate of one-half (½) space per unit. (2) Guest parking areas shall be located within three hundred (300) feet of the mobile home site.
9-10-908 Screening and Landscaping.
Screening and landscaping for mobile home parks shall comply with the provisions of this Section.
(a) Screening.
(1) A six (6) foot high masonry wall shall be provided along all mobile home park rear and side property lines.
(2) All common storage areas and common areas for garbage or rubbish shall be screened from mobile home park residents by a screen not less than seven (7) feet in height. (3) All required screening shall conform to the standards set forth in Section 9-10-604 (Screening Standards) of this Title.
(b) Landscaping.
(1) A ten (10) foot wide landscaped strip shall be provided along all mobile home park property lines abutting roads.
(2) All landscaping and fencing required for approval of the Use Permit for the mobile home park shall conform to the standards set forth in Section 9-10-602 (Planting Standards) and Section 9-10-604 (Screening Standards) of this Title. (3) All required plantings shall conform to the standards set forth in Section 9-10-602 (Planting Standards) of this Title. All areas not used for buildings, mobile homes, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped. 9-10-909 Recreation and Open Space.
All mobile home parks with more than ten (10) mobile home sites shall provide recreation and open space areas as set forth in this Section. (a) Minimum Area. Required recreation and open space areas shall contain a minimum of five thousand (5,000) square feet.
(1) An additional one hundred (100) square feet shall be provided for each mobile home site over fifty (50) sites.
(2) Not more than thirty (30) percent of said areas shall be paved. (3) The required recreation and open space area shall be landscaped. (b) Locational Criteria. Recreation and open space areas shall be centrally located, free of traffic hazards, accessible to all park residents, and available on a year-round basis. 9-10-910 Common Storage Areas.
Common storage areas shall be provided for the residents of the mobile home park for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles.
This area shall total not less than fifty (50) square feet for each mobile home site. 9-10-911 Sewer and Water.
Each mobile home park shall comply with the same requirements for sewage disposal and water facilities as is applied to a standard residential development project.
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9-10-912 Conventional Buildings.
A mobile home park shall have no conventionally constructed buildings other than the following:
(a) Recreational buildings;
(b) Accessory structures, as specified in Title 25 of the California Administrative Code; and
(c) One (1) dwelling unit for the use of a caretaker or manager.
CHAPTER 10. ANIMALS
9-10-1001 Intent.
The intent of this Chapter is to regulate the keeping of animals, the density of animals, and setbacks of animal enclosures.
9-10-1002 Household Pets.
In addition to the animals permitted under Sections 9-10-1003 through 9-10-1004, the keeping of household pets shall be permitted in all zones, subject to the following:
(a) For single-family dwelling units, up to two (2) dogs and two (2) cats shall be allowed. Additional household pets may be allowed, provided the total combined number of household pets, exclusive of fish or marine life that are confined in an aquarium or pond, in one place of residence shall not exceed four (4).
(b) For dwelling units in multiple-family structures and for mobile-homes in mobile home parks, the total number of dogs cats and other household pets combined shall not exceed three (3).
(c) The decision as to whether a specific animal is a household pet under this Title shall be made by the Director.
9-10-1003 Specific Standards.
The keeping or raising of animals shall be subject to the requirements set forth in Table 9-1045.3. The keeping of animals under the Family Food Production use type shall be subject to the requirement that there shall be no sale of meat, milk, or other products from animals kept for family food production. Animals are to be sold live and are not to be processed on the property. 9-10-1004 General Standards.
The following general standards shall apply to the keeping of animals:
(a) Offspring. Unless otherwise specified, the offspring of animals are allowed and shall not be counted until they are of weanable or self-sufficient age. Dogs and cats shall be counted at four (4) months of age. Swine shall be counted at eight (8) weeks of age. (b) Maintenance. All animal enclosures, including, but not limited to, pens, cages, and feed areas, shall be maintained free from litter, garbage, and excessive accumulation of manure, so as to discourage the proliferation of flies, other disease vectors, and offensive odors.
Premises shall be maintained in a neat and sanitary manner. (c) Swine. Swine shall not be fed market refuse, garbage, or offal. (d) Number of Animals Permitted. Excluding pets, the combined total number of animals permitted by this Chapter shall not exceed the number specified by Table 9-10-8.1.
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(e) Health and Safety Regulations. The keeping or raising of animals shall be subject to all health and safety regulations.
TABLE 9-10-8.1 ANIMAL STANDARDS
Use Type, Animal or
Use
Parcel Size Number of Animals
Permitted Per Parcel
Enclosure/Distance
Separation
Requirements
Animal Raising:
Educational Animal
Project
Chickens, ducks,
geese, turkeys, or
similar fowl; rabbits
or other fur bearing
animal of similar size
at maturity.
Less than ⅓ acre None Except for movement
on and off the
property, animals
shall not be kept or
maintained closer
than 40 feet from any
rear or side property
line.
⅓ acre to less than
1½ acres
Not more than 15 of
any combination of
animals, of which no
more than 1 may be a
rooster
1½ to less than 3
acres
Not more than 25 of
any combination of
animals, of which no
more than 2 may be
roosters
3 acres to less than 5
acres
Not more than 35 of
any combination of
animals, of which no
more than 3 may be
roosters
5 acres and over No limit
Cattle, horses, and
other ruminants;
sheep, goats, and
similar livestock,
except swine.
Less than 5 acres 1 animal for 1 acre; 1
additional animal for
each 10,000 square
feet over 1 acre
Except for movement
on and off the
property, animals
shall not be kept or
maintained closer
than 40 feet from any
rear or side property
line.
5 acres and over Maximum of 4
animals of any
combination per acre
Swine Less than 1 acre None Except for movement
on and off the
property, animals
shall not be kept or
maintained closer
than 40 feet from any
rear or side property
line.
1 acre or more 12 swine per acre,
including not more
than 2 of 8 months of
age or older; limit of
30 swine per parcel,
including not more
than 6 of 8 months of
acre or older
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Animal Raising:
Exotic Animals
Exotic Animals As allowed by zoning
district.
As specified by
discretionary permit
Except for movement
on and off the
property, animals
shall not be kept or
maintained in coops,
pens, corrals, or
within barns or
similar structures, on
property of less than
½ acre, closer than 40
feet from any rear or
side property line.
Animal Raising:
General
Aviary, apiary, worm
farms
Less than 1 acre None Animals shall not be
kept or maintained
closer than 40 feet
from any rear or side
property lines.
1 acre and over No limit
Chickens, ducks,
geese, turkeys, or
similar fowl; rabbits
or other fur bearing
animal of similar size
at maturity.
Less than ⅓ acre None Except for movement
on and off the
property, animals
shall not be kept or
maintained in coops,
pens, corrals, barns,
or similar structures
closer than 40 feet
from any rear or side
property line.
⅓ acre to less than
1½ acres
Not more than 15 of
any combination of
animals, of which not
more than 1 may be a
rooster
1½ acres to less than
3 acres
Not more than 25 of
any combination of
animals, of which not
more than 2 may be
roosters
3 acres and over Not more than 35 of
any combination of
animals, of which not
more than 3 may be
roosters
Cattle, horses, and
other ruminants;
sheep, goats, and
similar livestock,
except swine.
Less than 5 acres 1 animal for the first
acre; 1 additional
animal for each
10,000 square feet
over 1 acre
Except for movement
on and off the
property, animals
shall not be kept or
maintained in pens,
corrals, or within
barns or similar
structures, on
property of less than
5 acres to less than 10
acres
Up to 4 animals of
any combination per
acre
10 acres and over No limit
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½ acre, closer than 40
feet from any rear or
side property line.
Swine Less than 1 acre None Except for movement
on and off the
property, animals
shall not be kept or
maintained in pens,
corrals, or within
barns or similar
structures, on
property of less than
½ acre, closer than 40
feet from any rear or
side property line.
1 acre or more Up to 5 swine
Animal Raising:
Family Food
Production
Chickens, ducks,
geese, turkeys, or
similar fowl; rabbits
or other fur bearing
animal of similar size
at maturity.
Less than ⅓ acre None Except for movement
on and off the
property, animals
shall not be kept or
maintained in coops,
pens, corals, barns, or
similar structures
closer than 40 feet
from any rear or side
property line.
⅓ acre to less than
1½ acres
Not more than 15 of
any combination of
animals, of which no
more than 1 may be a
rooster
1½ acres to less than
3 acres
Not more than 25 of
any combination of
animals, of which no
more than 2 may be
roosters
3 acres and over Not more than 35 of
any combination of
animals, of which no
more than 3 may be
roosters
Cattle and other
ruminants except
horses and other
equine; sheep, goats,
and similar livestock,
except swine.
Less than 1 acre None Except for movement
on and off the
property, animals
shall not be kept or
maintained in pens,
corals, barns, or
similar structures
closer than 40 feet
from any rear or side
property line.
1 acre and over 1 animal plus 1
additional animal for
each 10,000 square
feet over 1 acre;
maximum of 5
animals per parcel
Animal Raising:
Hogs
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Hog farm Less than 1 acre None Except for movement
on and off the
property, animals
shall not be kept or
maintained in pens,
corrals, or within
barns or similar
structures, on
property of less than
½ acre, closer than 40
feet from any rear or
side property
1 acre and over As specified by
discretionary permit
Animal Raising:
Small Animals
Fish or frog farm Less than 1 acre None The toe of the slope of the pond shall be
maintained a distance
of 10 feet from the
nearest property line
or such greater
distance as the
Director deems
necessary.
1 acre and over No limit
Poultry ranch,
excluding ostriches
and other ratites
Less than 10 acres None Animals shall be kept
or maintained a
minimum distance of
100 feet from the
nearest property line.
10 acres and over No limit>
Poultry ranch, for
ostriches and other
ratites
Less than 2 acres None Except for movement
on and off the
property, animals
shall not be kept or
maintained in pens,
corrals, or within
barns or similar
structures, closer than
40 feet from any rear
or side property line.
2 acres and over As specified by
discretionary permit
Animal Specialty
Services:
Kennels; Kennels,
Small Breeding
Kennels of any size As allowed by zoning
district
As specified by
discretionary permit
Except for movement
on and off the
property, animals
shall not be kept or
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maintained in pens,
corrals, or within
barns or similar
structures, on
property of less than
½ acre, closer than 40
feet from any rear or
side property line.
CHAPTER 11. RESERVED
CHAPTER 12. RESERVED
CHAPTER 13. MITIGATION MONITORING AND REPORTING
9-10-1301 Intent.
The intent of this Chapter is to provide a process to assure adequate monitoring and reporting of all measures required to mitigate potential impacts from discretionary projects, as required by Section 21081.6 of the California Public Resources Code. 9-10-1302 Monitoring and Reporting Plan.
The Review Authority shall adopt a Monitoring and Reporting Plan for discretionary projects that are approved subject to conditions or changes which are deemed necessary by the Review Authority to reduce potentially significant environmental impacts below a level of significance. The Plan shall be adopted prior to project approval and, at a minimum, shall include the following elements:
(a) A description of the proposed project.
(b) A listing of each mitigation measure required by the Review Authority to reduce potentially significant environmental impacts below a level of significance. (c) The method of monitoring and reporting on the required mitigation measures include:
(1) The department, division, agency, firm, or individuals responsible for conducting or overseeing the monitoring and reporting function;
(2) An identification of the date or other appropriate time period for implementing each mitigation measure;
(3) An identification of the frequency of inspections and the duration of the required monitoring and reporting;
(4) A detailed work program and task assignment worksheet for monitoring and reporting, when deemed appropriate by the Review Authority. (d) An identification of the anticipated cost to be paid by the applicant and the timing and method of payments.
9-10-1303 Responsibilities of Director.
The Director shall be responsible for assuring the preparation and implementation of the Monitoring and Reporting Plan.
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(a) The Director may request, and shall receive, assistance from other City departments in implementing the Monitoring and Reporting Plan. (b) The Director may delegate specific responsibilities for monitoring or reporting to project applicants or qualified consultants.
9-10-1304 Progress Reports.
Progress reports summarizing the progress made toward achieving required mitigation measures shall be made at intervals prescribed by the Director. (a) All progress reports shall be made available for public inspection. (b) A copy of each progress report shall be mailed by the Director to the project applicant or the project applicant’s designated representative or his successors within five (5) working days after receipt of such report.
9-10-1305 Fees.
A fee, as specified by resolution of the City Council, shall be paid by the project applicant to cover the City’s cost of preparing, administering and implementing the Monitoring and Report Plan, with the following modifications:
(a) Unless otherwise required by the Director, the fee shall be paid prior to the acceptance of any plans for review by the Building Official. (b) For projects which require monitoring longer than twelve (12) months, such as projects approved with a development agreement, the applicant will be required to demonstrate that long-term funding of the Monitoring and Reporting Plan will be assured. 9-10-1306 Amendments.
A Monitoring and Reporting Plan may be amended in whole or in part, subject to the following provisions:
(a) For major changes, as determined by the Director, the Monitoring and Reporting Plan shall be amended by the Review Authority which adopted the Plan, subject to the same review procedure as that required for the discretionary application to which the Plan originally applied.
(b) For minor changes, the Monitoring and Reporting Plan shall be amended as specified by the Director.
9-10-1307 Enforcement.
In addition to the enforcement mechanisms specified in Chapter 7 of Division 2, Chapter 3 of Division 13, and Chapter 2 of Division 19, violation of an approved Monitoring and Reporting Plan may result in one (1) or more of the following actions:
(a) Forfeiture of any bond trust account, or other financial assurance; (b) Action to recover funds assured under a letter of credit; or (c) A lien against the real property subject to the violation in the amount necessary to correct the violation.
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CHAPTER 14. ADULT ENTERTAINMENT
9-10-1401 Intent.
The intent of this chapter is to provide reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.
9-10-1402 Applicability.
The provisions of this chapter shall apply to the Adult Entertainment use type, as described in Section 9-1-4-315.
9-10-1403 Review Standards and Guidelines.
The following shall be the standards and guidelines for the review and approval of Adult Entertainment businesses:
(a) Application Type. A major improvement plan shall be submitted containing information as required by the Director of the Community Development Department. The application shall include a vicinity map showing specific land uses within one thousand (1,000) feet of the proposed site.
(b) Location Requirements. Adult businesses shall not be located within five hundred (500) feet of the following whether or not located within the City:
(1) Property zoned for residential use, or shown as a Residential designation on the General Plan map;
(2) Family Residential;
(3) Mobile Home Park;
(4) Religious Assembly;
(5) Educational Services—General (including public schools); (6) A park; or
(7) Liquor Sales On-Premises General; Liquor Sales On-Premises Limited; and Liquor Sales Off-Premises.
The five hundred (500) foot setback shall be measured from property line to property line, except for nonconforming Family Residential uses, which shall be measured from building to building.
(c) Concentration Requirement. Adult business shall not be located within one thousand (1,000) feet of any other legally established Adult Entertainment business. (d) Temporary Structures. No Adult Entertainment business shall be located in any temporary or portable structure.
(e) Outdoor Lighting. The entire exterior ground, including the parking lot and landscaped areas shall be lighted in such a manner that all areas are clearly illuminated at all times.
(f) Signs. Signs shall conform to the requirements of Chapter 1 of Division 17, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations. (g) Special Events. No special event, promotion, festivity, concert, or similar activity which will create demand for parking spaces beyond the number of spaces required for the business is allowed.
(h) Hours of Operation. The business shall be open to the public only from 6:00 a.m. to 2:00 a.m.
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(i) Noise. No loudspeakers or sound equipment shall be used for the amplification of sound to a level audible beyond t the building in which the business is located. (j) Maintenance. All exterior areas, including buildings, landscaping, and parking areas shall be kept free of trash and debris and maintained in a clean and orderly manner. (k) Business License. Each Adult Entertainment business shall comply with all applicable laws and regulations, including obtaining a City business license. (l) Activities. Entrance doors and windows shall be arranged and screened so that activities conducted within the building are not visible outside of the building. (m) Employees. Employees are not allowed outside, except for security personnel and employees using any provided outside smoking and break area which shall be screened from the public.
(n) Lap Dance. Lap Dance means for any person whether clothed, partially nude or nude, in exchange for any compensation or gratuity to cause any part of his or her body, directly or through a medium, to touch, rub, caress, or fondle the genital or pubic region of any member of the public or allow, suffer or tolerate himself or herself to be caressed or fondled by any person.
Lap Dances are not allowed in any establishment that does not have a permit issued pursuant to Section 9-10-1401.
CHAPTER 15. WIRELESS TELECOMMUNICATION FACILITIES
9-10-1501 Intent.
The intent of this Chapter is to provide design, siting, and locational requirements for support structures for wireless telecommunication antennas and supporting equipment in order to encourage their collocation in the City and to minimize the potential adverse impacts of said structures on public safety and aesthetics.
9-10-1502 Applicability.
This Chapter shall be applicable to all wireless telecommunication facilities that require the granting of commercial licenses from the Federal Communications Commission and/or the California Public Utilities Commission.
9-10-1503 Use of Existing Structures.
Wireless telecommunication antennas and supporting equipment proposed to be attached to existing structures and buildings shall be subject to the following development standards:
(a) In commercial and industrial zones, and in areas with an M-X, P-F, or A-G zoning designation, wireless telecommunication antennas may project up to ten (10) feet above the height of the structure, or up to ten (10) feet above the roof line of the building plus an additional one (1) foot for each ten (10) feet of horizontal distance the antenna is set back from the edge of the building, provided all of the following requirements are satisfied:
(1) The applicant has shown that the subject antenna is not sufficient for wireless telecommunication in its intended coverage area if it is mounted at or below the height of the structure or the roof line of the building.
(2) The antenna and supporting equipment to be mounted or located above the height of the structure or the roof line of the building shall be painted or otherwise treated to match the
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exterior of the structure or building, or when feasible hidden behind existing or added screening which is architecturally compatible with said structure or building. (3) The existing structure or building is not an historic resource. (b) Excluding wireless telecommunication antennas and supporting equipment located on structures and buildings on publicly owned or controlled property, wireless telecommunication antennas and supporting equipment shall not project above the height of the structure or the roof line of the building in residential zones, and in areas with an A-U or A-L zoning designation.
(c) Wireless telecommunication antennas and supporting equipment not projecting above the height of the structure or the roof line of the building shall be architecturally and visually integrated with said structure or building so as not to be generally perceptible.
Architectural and visual integration shall include, but shall not be limited to:
(1) Locating said antennas and supporting equipment within buildings, attics, steeples, towers, and new additions that are architecturally compatible with the subject structure or building;
(2) Concealing said antennas and supporting equipment behind and below parapets; and
(3) Encasing said antennas and supporting equipment in fiberglass, stucco, brick, or other medium, which appear integral to the structure or building. 9-10-1504 Construction of Freestanding Support Structures.
Construction of new freestanding support structures for antennas and supporting equipment for wireless telecommunication, including the replacement of existing freestanding support structures for wireless telecommunication, shall be subject to the following development standards:
(a) Unless shown not to be feasible by the applicant, any new freestanding support structure for wireless telecommunication shall be a monopole. The applicant shall provide information and any other documentation required by the Review Authority to explain why a ground-built support structure other than a monopole is being proposed as the new freestanding support structure.
(b) New freestanding support structures shall be the minimum height required for wireless telecommunication.
(c) New freestanding support structures, including associated antennas and supporting equipment, shall be sited, painted, or otherwise treated to the extent feasible (and permitted by State and Federal law) to minimize visual impacts. Methods to minimize visual impacts shall include, but shall not be limited to:
(1) Using vegetation, fencing, existing development, and topography to screen freestanding support structures, including associated antennas and supporting equipment, from public view; and
(2) Using appropriate paint color, finish, texture, and materials to match nearby structures.
(d) New freestanding support structures shall be located a distance equal to at least the height of the said structure from residential structures on adjoining properties. (e) New freestanding support structures and associated antennas shall not significantly displace or impair agricultural operations, if any, on the subject parcel or surrounding parcels.
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9-10-1505 Collocation/Siting on Publicly Owned/Controlled Property.
Unless shown not to be feasible by the applicant or considered not to be desirable by the Review Authority, a new wireless telecommunication facility shall collocate on an existing wireless telecommunication facility or, if an existing wireless telecommunication facility is not present within the coverage area of the proposed facility, on an existing structure or building on publicly owned or controlled property.
(a) If use of an existing structure or building on publicly owned or controlled property, or if collocation on an existing wireless telecommunication facility, is not being proposed, the applicant shall provide information and any other documentation required by the Review Authority explaining why use of such existing structures or buildings is not feasible or desirable.
(b) If a new freestanding structure for wireless telecommunication is proposed, the applicant shall agree to allow future applicants to collocate at the site of the proposed facility.
The Review Authority may waive this requirement if it determines that such collocation is not desirable or technologically feasible, or would adversely affect the operation of the applicant. 9-10-1506 Use of Specialists.
The Review Authority may retain the services of a communications consultant in order to understand, analyze, and evaluate the request for the proposed wireless telecommunication facility. The consultant shall be selected by the Director. The applicant shall be responsible for the cost of the consultant’s services plus an administrative fee as set by resolution of the City Council.
9-10-1507 Maintenance of Facilities.
All freestanding structures, antennas, and supporting equipment associated with wireless telecommunication shall be maintained in good condition by the provider of the telecommunication facility and, whenever necessary, repaired or replaced. 9-10-1508 Removal of Facilities.
Freestanding structures, antennas, and supporting equipment associated with wireless telecommunication shall be removed by the provider of such facilities and the site restored to its preconstruction state if said facilities have not been operational or used for a period of six (6) consecutive months. Removal and site restoration shall be completed within ninety (90) days of the end of said six (6) month period. To guarantee removal of unused or abandoned facilities, the Review Authority may require the applicant to post a bond or other suitable security instrument. 9-10-1509 Exemption.
This Chapter shall not be applicable to public entities that provide emergency communication services for the Sheriff’s Office or the Office of Emergency Services, in order to provide coordination with cities, counties, and State agencies.
CHAPTER 16. PRODUCE STANDS AND AGRICULTURAL STORES
9-10-1601 Intent.
The purpose of this Chapter is to establish regulations that will allow farmers in City of Mountain House to market produce and agricultural products directly to local consumers and to
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tourists. The intent is to allow limited retail trade as a supplement to agriculturally based economic activities throughout the City. Produce stands and agricultural stores are intended to be a less intense use than convenience markets. Traditional urban retail stores, supermarkets and grocery stores, convenience or mini-markets, full-service eating establishments, bakeries, flea markets, farmer’s markets and mobile facilities, are to be discouraged. It is also the intent of this Chapter to coordinate and strive for consistency between local development standards and existing State law concerning retail food sales regulated under the California Uniform Retail Food Facility Law (CURFFL).
9-10-1602 Applicability.
The provisions of this Chapter shall apply whenever:
(a) A new building is constructed;
(b) An existing building, including a legal nonconforming structure is enlarged; or (c) The use of the site or the use of the building is changed. 9-10-1603 Produce Stand.
Produce stands shall be subject to the following development standards:
(a) Area. The maximum area to be used for a produce stand is seven hundred (700) square feet.
(b) Structures. Tables and/or membrane structures, i.e., tents and canopies, are permitted. All tables and membrane structures must be removed when operations cease for the year. Only a permanent built structure of less than one hundred twenty (120) square feet is permitted. Such structures shall remain vacant for six (6) months of the year. All built structures will require a Building permit.
(c) Retail Sales Activities. Only the sale of produce, cut flowers, and/or shell eggs grown or raised in City of Mountain House is permitted. All other type of merchandising is prohibited.
(d) Location and Number. One produce stand shall be permitted per parcel in Agricultural zones.
(e) Length of Operation. Produce stands shall be temporary. Temporary means any activity, structure, tent or canopy that is used for a period of not more than one hundred eighty (180) days within a twelve (12) month period on a single property. (f) Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Section 9-17-108.
(g) Landscaping. No landscaping improvements shall be required. (h) Parking. An earthen or gravel parking area capable of accommodating a minimum of two (2) vehicles shall be required for produce stands. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtained from Caltrans.
(i) Other Permits. Produce stands shall comply with all regulations administered by the Building Department and the Fire Department. Produce stands shall not be required to obtain a permit to operate from the Environmental Health Division. A Business License shall not be required for a produce stand when the farmer sells her/his own produce pursuant to Title 7, Section 7-1002(b). No other entitlements from the Community Development Department are needed. Produce stands shall not be subject to the Public Works Department Traffic Impact Mitigation fee.
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9-10-1604 Agricultural Store, Small.
Small agricultural store operations shall be subject to the following development standards:
(a) Floor Area for Retail Sales. A maximum of one hundred fifty (150) square feet of floor area may be used for limited retail sales.
(b) Structures. Only permanent built structures are permitted. The maximum size of the structure shall be one thousand five hundred (1,500) square feet. (c) Retail Sales Activities. The sale of agricultural products, sundries, prepackaged food and bottled or canned beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area. (d) Location and Number. One (1) small agricultural store shall be permitted per parcel in the Agricultural, Industrial and Commercial zones pursuant to Sections 9-6-202 or 9-5- 202 or 9-4-202.
(e) Length of Operation. Small agricultural stores may operate three hundred sixtyfive (365) days a year. (f) Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Section 9-17-108.
(g) Landscaping. Landscaping requirements for the small agricultural store shall apply pursuant to Sections 9-10-501, 9-10-502, 9-10-503 and 9-10-507. (h) Parking. The parking surfacing requirement for small agricultural stores shall be chip seal. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtain Caltrans. (i) Other Permits. Small agricultural stores shall comply with all regulations administered by the Building Department, Public Works Department and the Fire Department.
Small agricultural stores shall be required to obtain an annual permit to operate from the Environmental Health Division, including a plan review for all proposed or remodeled food facilities. The sale of any food items except owner grown produce and shell eggs triggers this requirement. Small agricultural stores shall also be required to obtain a Business License and Site Approval from the Community Development Department. (j) Cold Storage. Cold storage trailers are permitted as an accessory structure to agricultural operations in the Agricultural zones. This Chapter does not regulate cold storage trailers. However, cold storage boxes with glass panels that are used for display shall be included as part of the one hundred fifty (150) square foot floor area for retail sales. (k) Conversion of Produce Stands to Small Agricultural Stores. A produce stand existing on or before May 25, 2000, which is housed in a structure that exceeds one thousand five hundred (1,500) square feet and that conformed to the Development Title requirements at the time it was established may continue to use the existing building only when both of the following conditions have been met:
(1) The produce stand owner or operator has obtained a Business License amendment; and
(2) The produce stand owner or operator has obtained a Site Approval for a small agricultural store.
9-10-1605 Agricultural Store, Large.
Large agricultural store operations shall be subject to the following development standards:
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(a) Floor Area for Retail Sales. A maximum of five hundred (500) square feet of the structure’s total floor area may be used for limited retail sales. (b) Structures. Only permanent built structures are permitted. The size of the structure shall be larger than one thousand five hundred (1,500) square feet. (c) Retail Sales Activities. The sale of agricultural products, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area.
(d) Location and Number. One large agricultural store shall be permitted per parcel in the Agricultural, Industrial and Commercial zones pursuant to Sections 9-6-202 or 9-5-202 or 9-4-202.
(e) Length of Operation. Large agricultural stores may operate three hundred sixtyfive (365) days a year. (f) Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Section 9-17-108.
(g) Landscaping. Landscaping requirements for the large agricultural store shall apply pursuant to Sections 9-10-501, 9-10-502, 9-10-503 and 9-10-507. (h) Parking. The parking surfacing requirements for large agricultural stores shall be asphalt concrete or Portland cement concrete. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtained from Caltrans.
(i) Other Permits. Large agricultural stores shall comply with all regulations administered by the Building Department, Public Works Department and the Fire Department.
Large agricultural stores shall be required to obtain an annual permit to operate from the Environmental Health Division, including a plan review for all proposed or remodeled food facilities. The sale of any food items except owner grown produce and shell eggs triggers this requirement. Large agricultural stores shall also be required to obtain a Business License and a Use Permit from the Community Development Department.
(j) Cold Storage. Cold storage trailers are permitted outright as an accessory structure to agricultural operations in the Agricultural zones. This Chapter does not regulate cold storage trailers. However, cold storage boxes with glass panels that are used for display shall be included as part of the five hundred (500) square foot floor area for retail sales. 9-10-1606 Enforcement.
Violations of this Chapter shall be enforced pursuant to Sections 9-2-701 and 9-19-201 of this Title.
CHAPTER 17. ENTERTAINMENT
9-10-1701 Purpose and Intent.
(a) The City Council of the City encourages the development of arts and culture in the City of Mountain House, and recognizes that many entertainment venues provide a means for such development. The City Council further recognizes that the variety of entertainment venues in the City provide a rich and diverse cultural experience for the residents of the City and visitors to the City. The City Council also recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.
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(b) The City Council hereby finds that the operation of entertainment establishments present an environment with the demonstrated potential for excessive noise generation and disorderly conduct by patrons, particularly at closing times, with the attendant adverse health and safety impacts on the surrounding business and residential community. (c) Therefore, it is the purpose of this Chapter to regulate the operation of entertainment establishments to prevent the creation of inconsistent and incompatible uses while recognizing and protecting the constitutional rights of the citizens of the City of Mountain House. All applicants will be held responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City’s youth from criminal activity and minimizing disturbances as a result of the operation of the entertainment.
(d) It is also the intent of this Chapter to provide options in regulating the variety of businesses and events that provide entertainment. The City Council finds that the imposition of conditions tailored to the particular establishment will allow the business or event to flourish while meeting the City’s public health and safety needs. This approach also would avoid placing unnecessary conditions on existing businesses or organizations with a history of compliance with the City laws and requirements.
9-10-1702 Definitions.
For purposes of this Chapter:
(a) “ABC license” means the license issued by the California Department of Alcoholic Beverage Control.
(b) “Admission charge” means any charge for the right or privilege to enter any place of entertainment including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment.
(c) “Applicant” means a person, persons, or business entity that has been issued a permit as provided in this Chapter.
(d) “Dance” and “dancing” means movement of the human body, accompanied by music or rhythm.
(e) Deleted.
(f) “Disorderly conduct” means any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstructing the free passage of pedestrians over public sidewalks, the obstruction of free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting in violation of California Penal Code Sections 415 and/or 647, or the operation of automobile audio systems in a manner that violates Ordinance Code of City of Mountain House Sections 6-3100 et seq.
(g) “Entertainment” or “entertainment establishment” means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to:
(1) Presentations by single or multiple performers, such as hypnotists, mimes, comedians, musical song or dance acts, plays, concerts, any type of contest, sporting events,
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exhibitions, carnival, rodeo or circus acts, demonstrations of talent, shows, reviews and any other such activity which may be attended by members of the public; (2) Dancing to live or recorded music;
(3) The presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a “DJ” or “disc jockey.” Entertainment does not include ambient music provided through the use of a radio, stereo, juke box, music recording machine or other similar device.
(h) “Entertainment Permit” means any permit issued by the City pursuant to this Chapter related to the operation of a public dance, entertainment establishment, or amusement premises.
(i) “Reasonable Efforts” means the provision of an adequate number of licensed security personnel, the adoption and posting of operating policies that are consistent with the requirements of this Code and the permit and the adherence to those policies, the documented training of employees in the carrying out of the establishment operating policies, notifying the Sheriff’s Office of apparent criminal activity, and the taking of all additional measures consistent with sound business judgment necessary to accomplish the required result. (j) “Responsible Person” means the applicant, owner, proprietor, promoter, manager, assistant manager or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named applicant. (k) “Special Event” means entertainment conducted on private property where all of the following circumstances exist:
(1) The premises or location where the entertainment is to be conducted is not the subject of an existing entertainment permit issued pursuant to this Chapter; (2) Entertainment will only be offered for a limited period of time, not to exceed three (3) days. (See also Sections 9-1-304 “Special Indoor Event” and “Special Outdoor Event”); and
(3) Special Event permits will be processed as Staff Review with an Improvement Plan.
(l) “Theater” means any commercial establishment where regular sporting events, concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating. 9-10-1703 Review Procedures.
Entertainment permits shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter 4 of Division 2, except as provided herein. 9-10-1704 Entertainment Permit Required—Compliance with Other Laws. (a) Unless exempt pursuant to Section 9-10-1705, no person shall provide or permit any entertainment that is open to the public without an entertainment permit issued pursuant to this Chapter.
(b) Neither the obtaining of an entertainment permit nor compliance with the operating standards provided in this Chapter shall obviate the need for, or excuse any noncompliance with, the Zoning Code, Building Code, Fire Code or any other or additional permit requirement or standard made applicable to the entertainment or entertainment establishment under any other provision of this code or state or federal law.
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9-10-1705 Exemption From the Permit Requirement.
The following types of entertainment and events are exempt from the permit required by this Chapter. This exemption does not relieve any entertainment establishment from complying with all other applicable laws, including, but not limited to, laws related to noise levels and nuisances.
(a) Entertainment sponsored by any agency of the City, the various boards of education, or by any other political subdivision of the State of California; (b) Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is the sponsoring and control of youth activities and child welfare. If the event is a dance for the minor members of the organization, the following requirements must be met:
(1) No person eighteen (18) years of age or older may be admitted as a guest, unless such person is a bona fide student at, or member of, the sponsoring agency or organization, or the family member of a member or student of the sponsoring agency or organization; (2) No alcoholic beverages may be served, consumed or permitted on the premises; (3) Chaperones from the sponsoring agency are present on the premises at the rate of two (2) adults, who are at least twenty-five (25) years of age or older, for every one hundred (100) guests; and
(4) The event must finish by 12:00 a.m. and the premises and the adjoining parking lots must be promptly vacated by all the guests.
(c) Entertainment lawfully conducted at any City park, building or recreational facility;
(d) Entertainment lawfully conducted entirely upon property owned or controlled by a governmental entity;
(e) Entertainment limited to the use of a radio, recorded music or speech not provided by a D.J., juke box, television, video games, video programs, in an establishment that does not permit dancing;
(f) Entertainment provided for members and their guests at a private club having an established membership when admission is not open to the public. For purposes of this Section, private club means corporations or associations operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, in which membership is by application and regular dues are charged, and the advantages of which club belong to members, and the operation of which is not primarily for monetary gain;
(g) Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge; (h) Entertainment conducted in connection with a regularly established theme park; (i) Parades;
(j) Street performers such as musicians, singers or mimes; (k) Entertainment conducted or sponsored by any religious organization, club, organization, society or association, that is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any, arising from such entertainment are used exclusively for the benevolent purposes of such religious organization, club, society or association;
(l) Performances by the students at educational institutions as defined by the Education Code where such performances are part of an educational or instructional curriculum or program;
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(m) Theaters;
(n) Motion picture theaters not providing live entertainment; (o) Dance lessons, theatrical and performing arts lessons and student recitals; (p) Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays; (q) Fundraisers for a political cause;
(r) Entertainment consisting of ambient or incidental music provided for guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band. If there is an admission charge required to observe or attend such entertainment, the music will not be considered ambient or incidental;
(s) Any establishment, venue or assemblage of forty-nine (49) persons or less, as described in the maximum occupancy;
(t) Entertainment lawfully conducted at any of the following regulated businesses:
(1) “Adult Entertainment,” as defined in Section 9-1-4-315 and regulated under Section 9-10-1401;
(2) Operators of “amusement machines,” regulated under Chapter 3 of Division 1 of Title 6. However, if entertainment, other than the operation of amusement machines, is conducted on such premises, the business shall not, by virtue of this provision, be exempt from the permit requirement of this Chapter; and
(3) “Bingo,” regulated under Chapter 4 of Division 1 of Title 6. (u) The normal and customary fitness services provided by an athletic club or fitness center.
9-10-1706 Application of Chapter.
This Chapter is intended to implement minimum standards applicable to the operation of all entertainment establishments whether or not such establishments are subject to the Entertainment Permit requirements contained in this Chapter. Nothing in this Article shall limit the City’s authority to impose and enforce permit conditions requiring entertainment establishments to comply with operating standards that are more strict, comprehensive or onerous than the minimum standards imposed by this Chapter. 9-10-1707 General Performance Standards.
Except as otherwise provided herein, entertainment uses shall meet the performance standards specified in Section 9-10-501. Measures determined to be necessary by any required studies shall be implemented prior to commencement of the use. 9-10-1708 Hours of Operation—Responsible Person.
(a) Except as otherwise provided herein, all entertainment establishments shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m., except that as part of a New Year celebration, entertainment establishments may remain open until 3:00 a.m. on January 1st. It is unlawful for any Responsible Person to fail to abide by the hours of closure. (b) All outdoor entertainment establishments shall be closed and all patrons shall vacate the premises between 10:00 p.m. and 6:00 a.m. Sunday through Thursday, and 11:00 p.m. and 6:00 a.m. Friday and Saturday, except that as part of a New Year celebration, outdoor entertainment establishments may remain open until 1:00 a.m. on January 1st. It is unlawful for any Responsible Person to fail to abide by the hours of closure.
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(c) A Responsible Person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment. 9-10-1709 Disturbing the Peace—Disorderly Conduct.
Each Responsible Person shall make Reasonable Efforts to prevent the admittance of any person whose conduct is described in Penal Code Section 415 (fighting, loud noise, offensive words in public places) or 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. Each Responsible Person shall make Reasonable Efforts to remove any persons exhibiting such conduct from the establishment. 9-10-1710 Intoxicated Customers.
Each Responsible Person shall make Reasonable Efforts to prevent the admittance of any obviously intoxicated person. For purposes of this Section, a person is obviously intoxicated when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including, but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, alcoholic breath, belligerence or other loud or boisterous conduct, extreme agitation or nervousness or mental confusion. 9-10-1711 Reserved.
9-10-1712 Noise Abatement.
(a) Indoor Establishments. No loudspeakers or sound equipment shall be used for the amplification of sound to a level audible beyond the walls of the building in which the business is located.
(b) Outdoor Establishments. Outdoor establishments shall comply with the requirements of Section 9-10-509.
9-10-1713 Disorderly Conduct Within Fifty Feet Prohibited.
Each Responsible Person shall make Reasonable Efforts to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct within the establishment and within fifty (50) feet of the establishment.
9-10-1714 Orderly Dispersal Required.
Each Responsible Person shall use Reasonable Efforts to cause the orderly dispersal of patrons from the vicinity of the establishment at closing time. 9-10-1715 Alcoholic Beverage On-Premises.
(a) It is unlawful for any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment’s ABC license. (b) It is unlawful for any Responsible Person to allow any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment’s ABC license.
9-10-1716 Attire.
In any establishment where the sale of alcoholic beverages is lawfully permitted, it is unlawful for any Responsible Person to allow any person to remain on the premises while such
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person is unclothed, or in such attire, costume, clothing or semi-transparent covering as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, buttocks, vulva or genitals.
9-10-1717, 9-10-1718 Reserved.
9-10-1719 Application for Permit.
(a) All applications for permits shall be filed with the Director on such forms as he or she may prescribe, and shall contain the following:
(1) The name, phone number, assessor parcel number, and permanent address of the applicant;
(2) A description of the type of entertainment (e.g., music, D.J., sporting events, comedy, talent show), and the maximum number of persons who are expected to be present within the entertainment establishment at any one time; (3) The proposed number of parking spaces, opening date and hours of operation of the entertainment establishment;
(4) For special or limited duration events, the date or dates, hours and location at the proposed entertainment;
(5) The proposed security arrangements for the control of patrons; (6) The name or names of the person or persons, at the time of application, having management or supervision authority over the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located; (7) Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted; and (8) A site plan:
(A) Drawn on 24″ × 36″ paper and an 8½″ × 11″ reduction; (B) North arrow should point to top or right of page;
(C) Include a vicinity map;
(D) Show adjacent properties with development type;
(E) Show all property lines of the parcel with dimensions; (F) Show proposed and existing structures, tents, booths and similar structures; (G) Show parking with calculations, driveways, landscaping. (b) Upon receipt of a complete application, the Director shall provide to the applicant a Notice of Application for Entertainment Permit. The applicant shall post the notice on the exterior of the premises for which the permit is sought within twenty-four (24) hours after receiving the notice and for no less than fourteen (14) consecutive days, or in the case of an application for an Entertainment Permit for a Special Event for a period no less than forty-eight (48) hours, in a location that allows interested members of the public to read the notice. (c) Except as provided below, the Director shall either approve or deny the Entertainment Permit within forty-five (45) working days of receipt of the complete application.
The Director may extend the time for consideration of the application for up to an additional fifteen (15) working days with the written consent of the applicant. The failure of the Director to timely act shall constitute approval of the permit.
(d) The Director shall either approve or deny a Special Event permit within fifteen (15) working days of receipt of the complete application. The applicant shall notify the Sheriff’s Department of the intent to hold the event at the time the application is submitted to the Community Development Department. The Sheriff’s Department shall have up to ten (10) days
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to review the application. The Director may extend the time for consideration of the application for up to an additional three (3) working days with the written consent of the applicant. The failure of the Director to timely act shall constitute approval of the permit. 9-10-1720 Fees.
Every application for a permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council. This application fee shall be in addition to any other license or permit fee imposed by this Code upon the applicant. 9-10-1721 Findings.
Prior to approving an application for a Entertainment Permit, the Review Authority shall find that all of the following are true:
(a) That the proposed entertainment is accessory to a permitted and established use; (b) That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, regulations and any existing entertainment permit(s);
(c) It does not appear, based upon the information before the Director, that the applicant has provided false or misleading material information in the application; (d) The proposed use is consistent with the standards, and maps of the General Plan; any applicable Master Plan, Specific Plan, and Special Purpose Plan; and any other applicable plan adopted by the City;
(e) Adequate utilities, roadway improvements, sanitation, water supply, drainage, and other necessary facilities have been provided, and the proposed improvements are properly related to existing and proposed roadways;
(f) The site is physically suitable for the type of development and intensity of development. This means that any associated buildings, parking, utilities, ingress and egress, and other Development code requirements;
(g) The proposed entertainment use will not increase the possibility of unsanitary conditions, disease transmission, or contamination of soils or water, impair the operation of drainage and wastewater systems, or otherwise adversely impact public health or the environment; and
(h) The use is physically compatible with adjoining land use which means the proposed land use is capable of existing alongside of, and will not interfere with, or alter the current land use of adjoining properties.
9-10-1722 Issuance of Permit.
(a) In issuing the permit, the Director may impose conditions relating to the operation of the entertainment establishment.
(1) Conditions may relate to:
(A) The days, hours and location of operation;
(B) Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises; (C) The number of persons allowed on premises;
(D) Whether security guards are required, and if so, how many; (E) Specific measures the applicant must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;
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(F) Specific measures the applicant must undertake to remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right-of-way;
(G) Specific measures the applicant must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood; (H) Specific measures the applicant must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood; (I) Whether the Sheriff must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or (J) Other conditions of general applicability to land uses in the City. (2) Conditions shall be based on specific and articulable facts reasonably related to insuring the public health, safety and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited City public safety resources and the prevention of public nuisance activities that detract from the peace and quiet of residential neighborhoods.
(3) Conditions shall be listed on, or attached to, the permit. (4) The Director shall give the applicant an opportunity to review any proposed conditions and the Director will consider the input of the applicant prior to imposing those conditions.
(5) Conditions may not be imposed that conflict with any local, state or federal law, or that conflict with the applicant’s ABC license.
(6) If the applicant has been issued a Special Event—Extended Permit or other entertainment related permit prior to the effective date of this Chapter, conditions placed upon that permit shall be conditions of the Entertainment Permit issued under authority of this Chapter. However, nothing in this subsection shall be construed to limit the authority of the Director to place additional conditions upon the entertainment permit that are not in conflict with the existing permit conditions or to require compliance with the existing permit conditions prior to issuance of the Entertainment Permit.
(7) If complaints have been received regarding operation of the premises, the Director may require the applicant to demonstrate compliance with applicable existing permits prior to issuance of the Entertainment Permit or may issue the permit conditioned upon the applicant obtaining any other necessary permit or approval, including from other county, state, or other jurisdictions as may be applicable.
(8) No condition may be imposed pursuant to this Chapter that suppresses or regulates expression in any manner contrary to law.
(9) Imposition of any particular condition is appealable through the procedures set forth in Chapter 4 of Division 2.
(10) If an applicant has submitted a complete application for an Entertainment Permit prior to the expiration of a Special Event—Extended Permit and the applicant has not violated any of the conditions of the Special Event—Extended Permit and agrees to immediately begin operating in accordance with the provisions contained in this Chapter, the applicant may continue to offer entertainment pending review and action on the Entertainment Permit.
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9-10-1723 Display of Permits.
The permit issued pursuant to this Chapter shall at all times be displayed in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any law enforcement or code enforcement officer. 9-10-1724 Effect of Denial.
In the event an application for a permit is denied by the Director, no application for a permit to conduct the proposed activity at the same location shall be considered by the Director for a period of one (1) year from the denial, unless denied without prejudice. 9-10-1725 Suspension, Modification or Revocation of Permit. (a) Except as modified below, actions for enforcement, suspension, modification or revocation of an Entertainment Permit shall be governed by the procedures set forth in Chapter 7 of Division 2 of the Development Title.
(b) After notice and an opportunity for a hearing, a permit may be revoked, suspended or modified for any of the following reasons:
(1) The entertainment has been conducted in a manner contrary to the Findings for the issuance of a permit set forth in this Chapter;
(2) The applicant has failed to comply with one or more conditions of the permit; (3) The entertainment has created sound levels that violate the Municipal Code; (4) The applicant or his/her employees, agents, or representatives have violated or are violating federal, state or local laws, rules or regulations in connection with the entertainment; (5) The entertainment has been conducted in an illegal or disorderly manner or has been conducted in such a manner as to constitute an unreasonable burden on the reasonable use and enjoyment of neighboring properties;
(6) The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application;
(7) The entertainment has created or is creating a nuisance; (8) The applicant or any other Responsible Person has violated any provision of this Chapter; or
(9) The modification has been requested by the applicant and the Director finds the modification is consistent with the provisions of this code and will not constitute a nuisance or an unreasonable burden upon City resources or the surrounding neighborhood. (c) In the event the Director, following an office hearing, proposes to suspend, modify or revoke a permit, written notice of the proposed suspension, modification or revocation shall be personally delivered or sent to the person requesting the hearing. The notice shall contain:
(1) A brief statement on the specific grounds for such suspension, modification or revocation;
(2) A statement that the applicant may appeal the proposed suspension, modification or revocation by submitting an appeal, in writing to the Director, within ten (10) calendar days of the date of service of the notice;
(3) A statement that the failure to appeal the notice of suspension, modification or revocation will constitute a waiver of all right to an appeal hearing, and the suspension, modification or revocation wall be final.
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(d) In the case of a suspension, modification or revocation, the applicant may continue to conduct entertainment during the pendency of any appeal. (e) A challenge to the decision of the City Council may be filed with the San Joaquin Superior Court pursuant to California Code of Civil Procedure Section 1094.8, if applicable. 9-10-1726 Permits Issued Prior to the Effective Date of This Section. (a) Unless an earlier expiration date is specified in the terms of the permit itself, a Dance Permit issued on or before the effective date of this Section shall be valid for one (1) year from the effective date of this Section and shall terminate thereafter. Notwithstanding any other provision of this Chapter, all Dance Permits issued on or before the effective date of this section shall be subject to this Chapter, including suspension, modification or revocation provisions. (b) An applicant with a permit subject to the provisions of subsection (a) of this Section may apply for an Entertainment Permit as provided above. (c) If an Entertainment Permit renewal is issued as provided in subsection (b) of this Section, the Director may impose conditions on the permit in accordance with this Chapter.
DIVISION 11. INFRASTRUCTURE STANDARDS AND REQUIREMENTS
CHAPTER 1. INFRASTRUCTURE STANDARDS: INTENT AND ORGANIZATION 9-11-101 Title and Intent.
Division 11 constitutes the Infrastructure Standards and Requirements. The intent of this Division is to ensure the provision of adequate infrastructure for new uses of property, expansion of existing uses, and replacement of previous uses of property, consistent with the General Plan. 9-11-102 Reserved.
9-11-103 General Requirements.
The following General Requirements shall apply to all development projects and to all building projects for which a building permit is required unless otherwise exempted by this Title:
(a) Public Improvements. The developer or subdivider shall grade and improve, or agree to grade and improve, all land dedicated or to be dedicated for public improvements.
Improvements and grading shall be designed and constructed to provide for the use of the properties affected and for the public safety and welfare. Design and construction of said grading and improvements shall conform to the approved tentative map or approved development project and the design standards of the agency providing service. The City may require the developer or subdivider to pay an in-lieu fee in the amount of the cost of improvements to construct the required improvements as part of a City construction contract. Unless otherwise specified, all public improvements must be dedicated to the public agency responsible for their maintenance and operation.
(b) Minimum Requirements. The provisions of this Division shall be considered minimum requirements. In all cases, the improvements must be determined to be adequate by the City and to be compatible with the site on which the project is, or is proposed to be, located. (c) Reserved.
(d) Reserved.
(e) Completion of Improvements.
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(1) Major and Minor Subdivisions.
(A) Improvements Prior to Approval of Map. Unless otherwise specified, the following improvements required by this Division shall be completed prior to approval of a final map or parcel map:
(i) Where the subdivision requires water service from a public water system requiring a new well, the results of the test well must be determined by the Department of Public Works and the Environmental Health Division to be adequate to comply with the requirements of Title 22 of the California Code of Regulations and the Uniform Fire Code; (ii) Unless otherwise specified, all other improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency, or be included in a subdivision improvement agreement, per Subsection (j), prior to approval of a final map or a parcel map.
(B) Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a building permit:
(i) Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection; (ii) Where served by a public water system, that system shall comply with the requirements of Title 22 of the Regulations; and
(iii) Roads and driveways shall be constructed to meet the minimum requirements of the Uniform Fire Code, and drainage facilities required to insure access shall be approved by Public Works.
(C) Improvements Prior to Final Inspection. Unless otherwise specified, all improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.
(2) Other development projects or building permits:
(A) Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a building permit:
(i) Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection; (ii) Where served by a public water system, that system shall comply with the requirements of Title 22 of the California Code of Regulations; (iii) Roads in antiquated subdivisions proposed to be improved to public road standards shall be completed to the satisfaction of the Department of Public Works, or be included in a deferred improvement agreement per Subsection (j); and (iv) Roads and driveways shall be constructed to meet the minimum requirements of the Uniform Fire Code, and drainage facilities required to insure access shall be approved by Public Works.
(B) Improvement Prior to Final Inspection. Unless otherwise specified, all improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.
(f) Irrevocable Offer of Dedication. Applications for Major or Minor Subdivisions shall be accepted only if the applicant provides, at applicant’s cost for processing by the City of
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Mountain House, an irrevocable offer of dedication from an adjacent or other property owner(s), if such irrevocable offer of dedication is deemed necessary by the Department of Public Works. (g) Reserved.
(h) Reserved.
(i) Improvement Plans for Public Improvements. Improvement Plans are required for construction of any required public improvements. Plans shall consist of drawings, details, and specifications sufficient to describe the construction of the improvements. Plans must be prepared by a Registered Professional Engineer. Improvement Plans shall be submitted for review and approved by the agency providing the service prior to approval by the Department of Public Works and to construction of the improvement. All Public Improvement Plans shall be approved by the Director of Public Works prior to submitting any subdivision map for acceptance by the City Council. All Public Improvement Plans shall be approved by the Director of Public Works prior to construction of any subdivision improvements, or prior to issuance of any building permit for other development projects.
(j) Guarantees Provided by Developers Relative to Improvements. (1) Subdivision Improvement Agreement. If any improvements are required as a condition to the approval of a final map or parcel map, unless the improvements are constructed and accepted prior to approval of the final map or parcel map, a subdivision improvement agreement shall be executed between the developer and the City guaranteeing construction of the improvements within a specified period of time.
(2) Improvement Participation Agreement. If the Director of Public Works allows any required infrastructure improvements to be deferred to a specific date, as determined by the Director, a deferred improvement participation agreement shall be executed between the developer and the City guaranteeing construction of said improvements. The agreement shall be secured in accordance with Section 9-11-103(j)(3) herein. (3) Agreement Security. Any agreements to install improvements shall be secured in accordance with the provisions of Section 66499 of the Subdivision Map Act. The amount of the security shall be based on a construction cost estimate prepared by the developer’s engineer and approved by the Director of Public Works. Unit costs shall be determined by the Director of Public Works, based on costs for similar work on City Public Works projects. Security for improvements required by this Division shall be provided as follows:
(A) Faithful Performance Bonds. Where improvements are required by the provisions of this Division, the subdivider shall provide a faithful performance bond guaranteeing the faithful performance of all work, excluding work to be performed by public utilities, in a sum equal to one hundred percent (100%) of the estimated cost of such work as provided in Sections 66499 and 66499.1 of the Subdivision Map Act. The subdivider shall also guarantee labor and materials in an amount equal to fifty percent (50%) of the faithful performance bond as provided in Section 66499.3 of the Subdivision Map Act. This sum shall include any other fees which may be required by the Department of Public Works. (B) Bonds by Surety Companies. All tax bonds for special assessments as required by California Government Code Section 66493 and all faithful performance bonds referred to in this Section shall be furnished by a surety company authorized to write the same in the State of California and shall be subject to the approval and acceptance of the City Council. The form and contents of the bond shall comply with the applicable provisions of California Government Code Sections 66499.1 through 66499.5.
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(C) Money or Securities. In lieu of any faithful performance bond or tax bond required by this Section, the subdivider may furnish the type of security as provided in California Government Code Section 66499, subject to approval of the City Council. (D) Forfeiture or Failure to Complete. Upon the failure of a subdivider to complete any improvement within the time specified in an agreement or extension thereof, the City Council may, upon notice in writing of not less than twenty (20) days served by registered mail, addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the City or Flood Control District such portion of said sum of money or bonds given for the faithful performance of said work as may be necessary to complete such work. (k) Payment for Fees Related to Areas of Benefit. In the event that the City Council has established an Area of Benefit, the subdivider or developer within said Area of Benefit shall pay to the City the proportionate share of the costs established under the Area of Benefit established by ordinance and an administrative fee as set forth in the adopting Ordinance prior to the approval of any final map or parcel map, or prior to the issuance of any building permit for any other development project.
9-11-104, 9-11-105 Reserved.
9-11-106 Areas of Benefit.
The City Council may establish an Area of Benefit and collect fees for the construction of drainage and sewage disposal facilities pursuant to Section 66483 of the Subdivision Map Act; or establish an Area of Benefit and collect fees for the construction of bridges or major thoroughfares pursuant to Section 66484; or establish an Area of Benefit and collect fees for other improvements, including water facilities, deemed necessary by the City in accordance with the procedures specified in Section 66483. The fees shall include the cost of engineering and the cost of establishing the Area of Benefit in addition to the actual cost of facilities. 9-11-107 Acceptance and Maintenance of Public Facilities.
For those public facilities to be operated and maintained by the City, the City will not accept the responsibility of maintenance of public improvements until final completion and acceptance of all items. Acceptance by the City will be by the City Council upon recommendation from the Director of Public Works.
9-11-108 Easements.
Easements for facilities outside of public rights-of-way must be granted to the City when the City deems it necessary for proper operation and maintenance of the public facilities. The easements are to be deeded for the purpose of access, operation, repair, replacement, alteration, and maintenance. All development projects which have publicly owned easements must provide covenants running with the land stating that no buildings, fills, excavations, structures, fences, or other alterations will be constructed within the publicly owned easement without the express written consent of the Director of Public Works.
9-11-109 Off-Site Rights-of-Way.
Where it is necessary, as determined by the City, to extend improvements beyond the boundaries of the development project for adequate traffic, drainage, flood control, or water and
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sewer service needs, the developer shall be required to acquire and dedicate, or submit verification of the ability to acquire and dedicate, to the City the necessary easement or right-ofway to accommodate such improvements prior to the approval of a development project application.
CHAPTER 2. WASTEWATER DISPOSAL
9-11-201 Intent.
The intent of this Chapter is to specify the requirements for wastewater service and wastewater disposal for development projects.
9-11-202 General Requirements.
The following general requirements for wastewater disposal shall apply to all development projects, unless otherwise specified in this Title:
(a) Reserved.
(b) Reserved.
(c) Written Confirmation for Building Permits. Applications for building permits shall include written confirmation that the development project meets the requirements of this chapter. For public systems, this confirmation shall be given by the City. (d) Reserved.
(e) Mandatory Connection Within Two Hundred Feet. Any expansion of an existing use on an existing parcel shall require the project to be served by the City sewer system if:
(1) The expanded use generates additional wastewater, and (2) The sewer main is within two hundred feet (200′) of the nearest building. (f) Extension of Sewer Main. When the Director of Public Works determines that extension of the sewer main through a project or along a project parcel frontage is necessary for the orderly provision of wastewater disposal service to an area, the developer shall extend the sewer main in accordance with the serving agency’s design standards.
CHAPTER 3. WATER WELL AND WELL DRILLING REGULATIONS
9-11-301 Intent.
The intent of this Chapter is to specify the minimum regulations for the use of water wells.
9-11-302 Public Water System Connection Required.
Private, on-site domestic water wells shall not be approved where public water systems are available.
9-11-303 Well Permit Required.
A Well Permit shall be approved by the Director of the Environmental Health Division prior to digging, drilling, boring, driving, repairing, or destroying any well; or repairing, replacing, installing, or sealing a pump for use on any well. The permit is required whether the well is to be used for domestic, irrigation, testing, geophysical, seismic, subsurface boring, monitoring, injection, extraction, vapor probe, cathodic protection, or other purposes. A permit is not necessary to replace or repair equipment if the sanitary seal is not broken.
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9-11-304 Well Permit Requirements.
Well Permits shall be subject to the following requirements:
(a) Requirements for Application. Applications for Well Permits must be initiated by a well driller licensed by the State of California. Applications shall be filed with the Environmental Health Division. A request for a Well Permit shall include a site plan which clearly delineates the location and characteristics of the proposed use. (b) Review Procedures. Well Permit applications shall be reviewed by the Director of the Environmental Health Division using the Staff Review Procedure in Chapter 3 of Division 2, with the following modifications:
(1) Preapplication Conferences shall not be required; and (2) The time limit for approval shall be one (1) year.
(c) Filing Deadline. The application shall be filed and accepted as complete at least forty-eight (48) hours prior to commencing on-site work. (d) Development Requirements. A Well Permit may be approved by the Director of the Environmental Health Division only if the following conditions are met:
(1) The proposed well shall not be offensive, dangerous, or injurious to health, or create a nuisance;
(2) The proposed well complies in all respects to the standards of the Environmental Health Division for the construction of wells; and
(3) Upon completion of the well, the applicant or the Well Contractor shall file a copy of a Well Drillers Report with the Environmental Health Division. These report forms will be furnished by the Director of Environmental Health Division or the State of California Water Resources Board.
(e) Inspection of Permitted Work. The well site, location, material, and methods used may be inspected by the Director of Environmental Health at any time prior to or during construction or destruction of any well. The Director of the Environmental Health Division shall be informed when the work is completed and thereafter shall make a final inspection. Work done under any water well permit shall not be covered, concealed, or put into use until it has been inspected and approved by the Director.
(f) Changes May Be Ordered. The Director of the Environmental Health Division may order changes in the location of water wells and in the methods, means, and manner of constructing water wells in order that the same shall not constitute a menace to the health of human beings or animals, or a detriment to groundwater sources. The orders of the Director shall designate the period within which such changes are to be made. (g) Special Permits. Notwithstanding any other provisions of this Chapter, the Director of the Environmental Health Division may approve Special Permits for limited periods of time when the requirements of this Chapter or any of the standards adopted pursuant to this Chapter are found to be impracticable or unnecessary. In approving a Special Permit, the Director shall prescribe all conditions necessary to protect the public health. Permits shall be subject to a specified time limit.
(h) Emergency Repairs. In the event of an emergency, as evidenced by lack of water, repairs may proceed without a permit. Emergency repairs include the construction of a new well, or the repair, deepening, or replacement of a well or pump. All work done under emergency conditions shall comply with the standards adopted pursuant to this Chapter. In all such cases, the owner or contractor must file a statement that this was an emergency repair and the reason
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for the repair. Application for emergency repairs must be made within forty-eight (48) hours after such repairs are begun, excluding weekends and holidays. 9-11-305 Well Regulations.
All wells shall be subject to the following regulations:
(a) Sanitary Seal. All wells shall have a sanitary seal. (b) Concrete Platform or Slab. All wells, except cathodic protection wells, shall have a concrete platform or slab constructed to prevent the entrance of surface water from any source into the well or the underground water source.
(c) Disinfection. After the construction or repair of all water wells and prior to the use of the well, the well and all appurtenances thereto shall be adequately disinfected. (d) Grout Seal. All water wells shall have a grout seal in the annular space. (e) Abandonment of Wells. Upon determination that any well is abandoned as provided in the rules and regulations adopted pursuant to this Chapter, that well must be destroyed in the manner prescribed so that entrance of degraded or contaminated water into usable aquifers, or creation of a safety hazard, are minimized. (f) Destruction of Wells. The Director of the Environmental Health Division is authorized, after reasonable efforts to eliminate pollution, contamination, or a safety hazard, to enforce the permanent abandonment by destruction of any well that is polluted, contaminated, or is so located as to become polluted or contaminated or is a safety hazard. The Director is authorized to destroy any such well and to recover the cost of the destruction from the owner of the property on which the well is located.
(g) Out-of-Service Wells. If the owner intends to cease use of a well for a period of six (6) months or more, the owner shall inform the Director of Environmental Health. Such a well shall be protected from any source of contamination while the well is temporarily out of service. The owner shall maintain such a well as required in the standards adopted pursuant to this Chapter.
(h) Dewatering Wells. The Director of the Environmental Health Division shall be notified prior to installing dewatering wells in areas of known contamination. The Director shall be notified immediately of areas where contamination is encountered, and cease operation until clearance from the Director is obtained.
9-11-306 Well Standards.
The City Council shall adopt uniform standards for the construction, installation, alteration, and modification of the facilities subject to this Chapter based on investigation, inspection, and tests and accepted standards. These standards may be amended as necessary by the City Council. The standards shall not conflict with the requirements of this Title or the laws of the State of California. All well facilities shall be constructed or modified only if they comply with the adopted standards.
9-11-307 Special Requirement Areas.
In all areas of the City where poor quality water could infiltrate good quality groundwater due to well construction, special requirements will be set to protect the good quality water. These areas of water quality problems shall be identified by the Director of the Environmental Health Division based on the best available information and adopted pursuant to Section 9-11-304.
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9-11-308 Prohibited Uses.
The following uses are hereby prohibited.
(a) Well Pits. The construction, use, or installation of well pits. (b) Separate Wells. The provision of water to a residence from an off-site private, domestic water well located on a separate recorded parcel. 9-11-309 Compliance Required.
It shall be unlawful to maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not in compliance with the requirements of this Chapter and the standards relating to wells made and established by the City Council.
9-11-310 Violations.
The Director of the Environmental Health Division shall be responsible for enforcement of this chapter. Any violation of this Chapter shall constitute a public nuisance subject to enforcement under the provisions of Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code.
9-11-311 Right to Appeal.
Any appeal of a notice of violation shall first be filed with the Environmental Health Division within thirty (30) days of notification of the violation. Upon receipt of a written appeal, the Director of Environmental Health shall designate a hearing official, which official shall schedule an office hearing to attempt to resolve the matter. The matter will be set for hearing not less than seven (7) days and not more than twenty-one (21) days from the date of receipt of a written appeal. Notice of the office hearing shall be sent to the appellant by registered or certified mail. Notice shall be sent to the appellant, the owner if different from the appellant, and anyone else who has requested in writing to receive such notice. If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the office hearing shall be added to the expenses incurred by the City in abating the nuisance and shall be billed to the owner as part of the Statement of Expense. If the matter is not resolved at the office hearing, the appellant may file a written appeal to the City Council. The written appeal must be filed with the City Clerk within thirty (30) days of receipt of the written decision of the hearing official. The written decision shall advise that the owner has thirty (30) days to bring the subject property into compliance or file a written appeal with the City Council. If the property is not brought into compliance and no appeal to the City Council has been filed within the time specified, the Environmental Health Division shall submit a resolution to be placed on the consent calendar of the City Council approving the Statement of Expense. If the matter is appealed to the City Council and the appeal results in a finding of a violation, the cost of the hearing before the City Council will be added to the cost of abatement and included on the Statement of Expense. 9-11-312 Environmental Health Division Fees and Fines.
Fees for inspections or permits issued pursuant to this Chapter may be set by resolution of the City Council. All fees and fines collected under the provisions of this Chapter shall be paid into the City Treasury, to the credit of Public Health Services.
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CHAPTER 4. ENCROACHMENT STANDARDS
9-11-401 Intent.
The intent of this Chapter is to specify the requirements for performing work within City rights-of-way.
9-11-402 Grading and Excavations.
(a) Permit required for grading and excavating. No person shall dig holes, trenches, or ditches, make openings or excavations of any kind for any purpose, or perform grading of earth soil or other material on any street, highway, road, or other public place except upon application to, and permit granted by, the Director of Public Works, who shall have authority to prescribe how much work shall be done, how the holes, trenches, ditches, and openings shall be filled or backfilled, when the work may be commenced, and when finished. Every permit granted pursuant to this section shall be made on the condition that if the grantee fails, refuses, or neglects, within a reasonable time after written demand of the Director of Public Works, to complete the work or to restore the street, highway, road, or other public place to a condition equal to or better than its condition before the opening or excavation was made and to maintain the same in that condition, the Director of Public Works may do the work and furnish the material necessary, therefore, and all sums reasonably expended for these purposes shall be repaid to the City by the grantee.
(b) Bond or Cash Deposit. No application shall be granted until the applicant has filed with the Director of Public Works a bond or cash deposit in a sum satisfactory to the Director guaranteeing that the street, highway, road, or other public place shall be restored to a condition equal to or better than its condition before the opening was made and shall be maintained in that condition. An applicant for these permits may file one bond to cover all work during a year, if desired, in an amount that the Director shall deem necessary to save the City harmless from all damage.
(c) Liability of City. Nothing in this chapter shall be construed to enlarge the liability of the City for any excavation or work or for damages to the public or otherwise resulting therefrom, and every permit and bond issued under this chapter shall provide that the City and its officers and employees shall be held harmless on account of any damage or injury to the public or otherwise resulting from the excavation or other work. 9-11-403 Highway Drainage.
(a) Irrigation Drainage. No person shall drain irrigation water, or permit irrigation water to be drained, from his lands onto any City highway by any means. (b) Obstructions. No person shall obstruct any natural watercourse so as to:
(1) Prevent, impede, or restrict the natural flow of waters from any City highway into and through the watercourse, unless other adequate and proper drainage is provided. (2) Cause waters to be impounded within any City highway. (3) Cause interference with, or damage or hazard to, public travel. (c) Water Storage. No person shall store or distribute water for any purpose so as to permit it to overflow onto, to saturate by seepage, or to obstruct any City highway. (d) Acts Requiring Permit. No person without a permit shall cause or permit the following:
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(1) Maintain or, if already existing, continue to maintain any obstruction of any drainage facility lying partly or wholly within, across, under, or above any City highway. (2) Permit to be deposited in any drainage facility in any City highway any material or substance, including dirt, soil, weeds, trash, rocks, or any other substance which would tend to impede the drainage of water.
(3) Alter, construct, obstruct, constrict, or enlarge any drainage facility within any City road right-of-way by increasing or decreasing the amount, extent, nature, or direction of flow of water along any drainage facility.
(4) Decrease or increase, enlarge or construct, heighten or deepen, or in any other fashion change the drainage facilities on private property or public property facilities on private property or public property adjacent to any drainage facility along or across any City highway so as to prevent the natural or ordinary drainage of waters along the highway or so as to place an extraordinary burden on the capacity of any drainage facilities along any City highway. 9-11-404 Driveway Permits.
Encroachment permits are required for the erection or construction of any facility or for alterations or moving of any existing facilities within the City right-of-way. They shall be applied for and secured from the Office of the Director of Public Works or at other offices that may be designated by the Director of Public Works for these purposes where employees or representatives of the Director of Public Works may be authorized to issue these permits. (a) Administration.
(1) The Director of Public Works shall have the following powers and duties in administering and enforcing this chapter:
(A) The issuance of permits.
(B) Enforcement of related state laws as well as this chapter. (C) Keeping of accurate records.
(D) The preparation and adoption of the forms, rules, and regulations that may be reasonably necessary for the proper enforcement of this chapter, including requirements for the submission by applicants for permits of plans and specifications, informal or formal, that may be deemed necessary for the proper location and construction of the various types of drainage facilities.
(E) The inspection of construction and operation of drainage facilities. For this purpose the Director of Public Works or his authorized representative shall have the power of a police officer, including the right of entry on private property, the right to stop construction operations, and the right to clear out or open up the stoppage of any drainage facility if the stoppage is deemed contrary to this chapter and does or may endanger public health, safety, and the general welfare.
(F) Other powers and duties, related to the foregoing, that may be reasonably necessary for the proper administration and enforcement of the provisions of this chapter. (2) The Director of Community Development shall be empowered to issue driveway encroachment permits and transportation permits for moving mobile homes and conventional houses.
(b) Notice to Remove Encroachment.
(1) If any encroachment exists in, under, or over any City highway, road, or land, the Director of Public Works may require the removal of the encroachment in the manner provided hereinafter.
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(2) Notice shall be given to the owner, occupant, person in possession of the encroachment, or any other person causing or allowing the encroachment to exist by serving on him a notice containing a demand for the immediate removal of the encroachment from within the highway. The notice shall describe the character and location of the encroachment with reasonable certainty. In lieu of service on the person, service of the notice may also be made by registered mail or by posting, for a period of five (5) days, a copy of the notice on the encroachment described in the notice in a manner that will not interfere with the use of the highway. In case the owner, occupant or person in possession is not present in the City, notice may be given to his agent in lieu of service by mailing or posting. (c) Removal of Encroachment. The Director of Public Works may immediately remove from any City highway any encroachment which:
(1) Is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within five (5) days after the service of the notice. (2) Obstructs or prevents the use of the highway by the public. (3) Consists of refuse.
(4) Is an advertising sign of any description unless the advertisement is a notice posted as required by law.
(d) Recovery of Costs. The Director of Public Works may remove any encroachment on the failure of the owner to comply with the notice of demand of the Director of Public Works under the foregoing section and shall have an action to recover the expenses of the removal, costs and expenses of suit, and, in addition, the sum of ten dollars ($10.00) for each day the encroachment remains after the expiration of five (5) days from the service of the demand. (e) Abatement Action: Recovery of Penalty. If the owner, occupant, person in possession of the encroachment, the person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment or refuses to remove or permit the removal of the encroachment, the Director of Public Works, in the name of the City, may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgement is recovered by the Director of Public Works, he may, in addition to having the encroachment adjudged a nuisance and abated, recover ten dollars ($10.00) for each day the encroachment remains after the service of the notice in the manner provided in the foregoing sections and may also recover the costs and expenses incurred in the action. This remedy is cumulative and does not exclude punishment for the violation of this Chapter as otherwise provided in this Chapter.
(f) Disposition of Recovered Money. All money recovered under the provisions of this chapter shall be paid into the Road Fund which is available to the Director of Public Works for highway purposes.
(g) Procedures Not Exclusive. Procedure provided in this chapter is not exclusive and shall not prohibit the Director of Public Works or other City officers and departments from exercising any other remedy provided by law to prevent damage to or protect any City highway or to collect the damages therefrom.
(h) Violation: Penalties. In case of violations, appropriate procedures may be taken for the abatement, removal and restraint of any actions taken in violation of the provisions.
Penalties shall be as specified in Chapter 2 of Division 19, with the correction period reduced to five (5) days.
(i) Liability of City. This chapter shall not be construed to impose on the City any liability or responsibility for damage resulting from drainage obstruction, nor shall the City or
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any City official or employee be held to assume any such liability or responsibility by reason of any inspection authorized under this chapter, by reason of any failure to make the inspection, or by the granting or denial of any permit.
9-11-405 Driveways.
It is unlawful to build or thereafter maintain any private or public driveway of ingress to or egress from land adjacent to a City highway without first having secured a driveway encroachment permit from the Director of Public Works. In no case shall a permit for construction permit the drainage facility along any City highway to be obstructed so as to impede the proper flow of drainage waters. Unless otherwise specified, driveways shall be constructed in accordance with City of Mountain House Improvement Standards. At a minimum, driveways shall be paved with asphalt concrete from the existing edge of pavement to the property line.
CHAPTER 5. ROADWAYS
9-11-501 Intent.
The intent of this Chapter is to specify the requirements for roadways in new development projects and projects on existing parcels where no discretionary permits are required.
9-11-502 General Requirements.
The following General Requirements shall apply to all development projects:
(a) Design and Dedication. All roads in a development project shall be designed and constructed in accordance with City of Mountain House Improvement Standards and shall be offered for dedication as public roads unless the Review Authority approves the use of private roads within the development project. Private roads shall be designed and constructed to the same standards as City maintained roads.
(b) Access to Parcels. All projects involving new nonagricultural structures or the expansion of existing nonagricultural structures by twenty-five percent (25%) or more, except existing residential structures, shall have, at a minimum, access to a publicly maintained road, by one of the following methods:
(1) Direct frontage on a County, city, or State maintained road. The frontage of the project shall be designed and constructed in accordance with the provisions of this Chapter and the standards of the agency with jurisdiction of the road; (2) Access to a County, city, or State maintained road by a private right-of-way approved under the provisions of Section 9-11-514;
(3) Access to a County, city, or State maintained road by a private right-of-way or easement approved as part of a major or minor subdivision and improved to the specifications in Section 9-11-515; or
(4) Frontage on a public or private road in an antiquated subdivision improved to the standards specified in Section 9-11-516.
(c) Project Frontage. The frontage for a development project shall meet the following requirements:
(1) For lots along a public or private road, the developed frontage shall be equal to at least the minimum lot width required by the zone in which the lot is located;
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(2) For lots within proximity of an intersecting road, defined as a distance which is less than the minimum width [on] which the lot is located, the developed frontage along the public or private road shall be at least equal to the min width required by the zone in which the lot is located plus the extension to the corner of the intersecting road, in return area. (d) Improvement Required.
(1) Development Projects. The developer shall improve all existing and proposed roads which are a part of the development project or are required to serve the development project in accordance with the requirements of this Chapter. Only development projects that generate fifty (50) or more vehicles per day will be required to improve the frontage.
Development projects in Agricultural Zones will be limited to standards for one-half (½) of fifty (50) foot rural road improvements.
(2) Projects in Antiquated Subdivisions. For new, nonagricultural structures or projects that increase the floor area of existing nonagricultural structures by twenty-five percent (25%) or more, except existing residential structures, all roads shall be improved as specified in Section 9-11-516.
(3) Other Projects. Where the land is subdivided in an area designated for urban or rural community or other commercial, industrial, or residential development by the General Plan, or is zoned AL-5, frontage improvements shall be provided. (4) Deferred Improvements. At the option of the Director of Public Works, the improvements required by this section may be deferred upon execution of a Deferred Frontage and Roadway Improvement Agreement and payment of the required processing fee. At the option of the owner, he/she may execute a secured deferred frontage and roadway agreement with a deposit of the estimated improvement costs into a trust account to avoid placing an encumbrance on the property.
(5) Payment Instead of Improvements. If any improvement to be performed is located on a portion of highway of which the City is contemplating improvement, the Director of Public Works may elect to improve the portion thereof otherwise required to be improved by the subdivider. In such event, the subdivider shall, prior to the approval of the final map, enter into an Improvement Participation Agreement per Section 9-11-103(j)(2) and pay to the City, in full discharge of the subdivider’s obligation herein provided for, a sum equal to the estimated cost to the City of performing the improvement required to be performed by the subdivider. The improvement to be performed by the City shall be done at the time the City improves the highway.
9-11-503 Roadway Functional Classification.
The following roadway functional classifications and characteristics are to be used in conjunction with the Circulation Element of the General Plan for the City of Mountain House.
The Director of Public Works may modify the required right-of-way width and lane configuration of a roadway as special conditions may warrant. (a) Freeways.
(1) Multi-lane divided highways with no direct access to abutting properties and which have grade separations at intersections. Interchanges with freeways, expressways, arterials, or rural roads only.
(2) Serves as the primary type of intercity or community highway carrying traffic between urban communities.
(b) Expressways.
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(1) Highways which generally provide no direct access to abutting properties. The primary purpose of an expressway is to carry through traffic with minimum interference with adjacent development. Intersections are limited to freeways, expressway, major and minor arterials, and rural roads only. Intersections are usually no closer than one-quarter mile. (2) Serves as intercity or intercommunity highway carrying primarily through traffic. (3) May be two (2) lane undivided highway in rural area or multi-lane divided highway in urban area.
(4) Requires minimums of eighty-four (84) foot wide right-of-way in rural areas and one hundred ten (110) foot wide right-of-way in urban areas with additional widening for turn lanes at intersections. On-street parking is prohibited. (5) Major arterials shall have a minimum right-of-way width of ninety-eight (98) feet and a maximum right-of-way width of one hundred fifty-two (152) feet. (6) Excluding pre-existing residential areas within the Mountain House New Town, access to residential lots from major arterials shall be prohibited. (7) On-street parking shall be prohibited.
(8) Major arterials shall be planned to accommodate approximately thirty-five thousand (35,000) to forty-five thousand (45,000) vehicles per day. (c) Minor Arterials.
(1) Except for Main Street, minor arterials shall have a minimum right-of-way width of one hundred four (104) feet and a maximum right-of-way width of one hundred thirty-four (134) feet. Main Street, from De Anza Boulevard to Central Parkway and at Village Green, shall have a maximum right-of-way width of two hundred fifty-eight (258) feet. (2) Access to residential lots fronting on Central Parkway shall be from local streets, common driveways, or alleys.
(3) On-street parking shall be prohibited, except for Main Street within the Town Center area.
(4) Minor arterials shall be planned to accommodate approximately twenty-five thousand (25,000) vehicles per day.
(d) Collectors.
(1) Residential Collectors.
(A) A residential collector shall have a minimum right-of-way width of sixty-two (62) feet.
(B) Access to adjacent lots from residential collectors is permitted. (C) On-street parking on both sides of a residential collector shall be allowed. (D) Residential collectors shall be planned to accommodate approximately seven thousand (7,000) vehicles per day.
(2) Commercial/Industrial Collectors.
(A) Commercial/industrial collectors shall have a minimum right-of-way width of sixty-four (64) feet and a maximum right-of-way width of eighty-four (84) feet. (B) On-street parking shall be limited to automobile and light truck use only. (C) Commercial/industrial collectors shall be planned to accommodate between seven thousand (7,000) and ten thousand (10,000) vehicles per day. (e) Local Residential Roads.
(1) Local Residential Type I Roads.
(A) Local residential Type I roads shall have a minimum right-of-way width of fortyfive (45) feet and a maximum right-of-way width of fifty (50) feet.
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(B) Local residential Type I roads shall be planned to accommodate approximately three hundred (300) vehicles per day.
(C) On-street parking may be allowed on one (1) or both side(s) of the street as determined by the CSD.
(2) Local Residential Type II Roads.
(A) Local residential Type II roads shall have a minimum right-of-way width of fortynine (49) feet and a maximum right-of-way width of fifty-four (54) feet. (B) Local residential Type II roads shall be planned to accommodate approximately six hundred (600) vehicles per day.
(C) On-street parking on both sides of the street shall be allowed. (3) Local Residential Type III Roads.
(A) Local residential Type III roads shall have a minimum right-of-way width of fiftythree (53) feet and a maximum right-of-way width of fifty-eight (58) feet. (B) Local residential Type III roads shall be planned to accommodate approximately one thousand five hundred (1,500) vehicles per day.
(C) On-street parking on both sides of the street shall be allowed. (f) Local Commercial and Industrial Roads.
(1) Local commercial and industrial roads shall have a minimum right-of-way width of sixty (60) feet and a maximum right-of-way width of eighty-four (84) feet. (2) On-street parking shall be limited to automobile and light truck use only and shall be prohibited near intersections and driveways.
(g) Rural Residential Roads.
(1) Rural Residential roads are two (2) lane undivided roads with intersections at grade and with driveway access to abutting residential lots. A maximum of sixteen (16) existing or potential lots will be served by Rural Residential Roads. (2) Rural Residential roads provide access to residential development within Rural Residential zones, and agricultural zones with appropriate approvals. (3) Rural Residential roads have traffic capacity of about two thousand (2,000) vehicles per day, but seldom carry more than two hundred (200) vehicles per day. (4) Rural Residential roads require a fifty (50) foot wide right-of-way and function as a Cul-De-Sac, Continuous Loop, Private Right-of-Way, or Connector of Rural roads. Rural Residential roads cannot be used as an interconnecting street to provide through traffic circulation between existing or planned collectors or higher classes of roadway. (h) Rural Roads.
(1) Rural roads are two (2) lane undivided roads with intersections at grade. (2) Rural roads provide local access to agricultural properties outside of the urban centers. They also may function as collector or arterial roads in the rural county areas by providing access to freeways and acting as a primary route between urban and rural centers. (3) The traffic capacity of rural roads is about ten thousand (10,000) vehicles per day, but most seldom carry more than two thousand (2,000) vehicles per day. (4) Requires fifty (50) foot wide right-of-way.
(i) Conformance with Roadway Section. All roadways shall conform to the applicable roadway section specified in the Master Plan.
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9-11-504 Traffic Studies.
Traffic studies may be required by the City to adequately assess the impacts of a development project on the existing and/or planned street system. (a) When Required.
(1) Unless waived by the Director of Public Works, the City shall require a Traffic Study for a development project when traffic caused by the development project is expected to exceed fifty (50) vehicles during any hour.
(2) At the request of the Director of Public Works or Review Authority, the City shall require a Traffic Study for a development project when traffic caused by the development project is expected to be greater than fifty (50) vehicles during any hour. A Traffic Study will generally not be required for less than fifty (50) vehicles per hour unless warranted by special circumstances.
(3) The City may require a supplemental Traffic Study if, after preparing an original Traffic Study for any development project, the property’s use is changed so that total trip generation is expected to increase by more than fifteen percent (15%). (b) Contents of Traffic Studies. To provide consistency and to facilitate review of Traffic Studies, the format outlined in the City of Mountain House Improvement Standards will be followed in the preparation of such studies.
(c) Responsibility for Traffic Studies. The City will prepare or contract for preparation of any required Traffic Studies.
(d) Payment. The developer shall deposit with the City funds for all costs prior to the City preparing any required Traffic Studies in conformance with the current fee schedule. 9-11-505 Dedications.
Dedication of public rights-of-way for development projects shall be as follows:
(a) Widening Existing Rights-of-Way. On parcels less than forty (40) acres, developers or any applicant for a building permit for a new nonagricultural building or a twentyfive percent (25%) or more expansion of an existing nonagricultural building, that generates an additional twenty (20) or more vehicles per day shall dedicate rights-of-way, or make an irrevocable offer of dedication at the discretion of the Department of Public Works, for widening existing public roads across the project frontage in accordance with Section 9-1-4010.5(e). (b) Subdivision. Where any subdivision creates a parcel of land with three hundred thirty (330) feet or less of frontage o roadway, or the land is designated urban or rural community or other commercial, industrial, or residential develop General Plan, or is zoned AL5, dedication will be provided. (c) New Rights-of-Way. Developers shall dedicate rights-of-way for new public roads within a development project in accordance with Section 9-11-505(e). (d) Off-site Rights-of-Way. Developers shall obtain off-site rights-of-way where required for the project by the Review Authority, subject to the provisions of Section 9-11-109. (e) Dedication Width. Right-of-way widths shall be dedicated as follows:
(1) In conformity with the General Plan, a Master Plan, a Specific Plan, or a Special Purpose Plan, the width shall be as specified in this Chapter and the City of Mountain House Improvement Standards for a roadway of that functional classification. (2) For roads which are not indicated in the General Plan, Specific Plan, or Special Purpose Plan, widths shall conform to the requirements of Section 9-11-503, with the functional classification determined by the Director of Public Works.
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(3) If the existing right-of-way is equally divided by the original property line or section line, then the required dedication shall be no more than one-half (½) of the amount needed to achieve the total required road width.
(4) If the existing road was taken entirely off the property to be developed and is wider than half (½) of the total planned width, then no additional right-of-way shall be required. (5) If the existing right-of-way was taken entirely off the property on the opposite side of the road from the development project, then the required widening shall be equal to the total amount of the widening needed to achieve the total planned road width. (6) Where topography or existing improvements, such as a railroad right-of-way, make it impractical to comply with the above sections, the Director of Public Works shall establish criteria for right-of-way dedication and roadway widening. (f) Access Rights. When any development project abuts an arterial or expressway, access shall be restricted to the roadway, except where access is delineated on a Special Purpose Plan. The developer shall dedicate to the City access rights in the area of restricted access. When access to a roadway is restricted, vehicular access to the property must be provided by another public roadway.
9-11-506 Part-Width Road Improvements.
New roads within development projects shall be dedicated and improved to their full width except as follows:
(a) Expressways, Major Arterials, and Minor Arterials. The Review Authority may allow less than full width improvement on expressways and major and minor arterials within or fronting development projects when the expressways and arterials are not required to meet existing and projected traffic demands.
(b) Local and Collector Roads. The Review Authority may allow less than full width improvements on local and collector roads along the boundary of a development project except that the roads shall be improved to a minimum of one-half street on the project side, plus one twelve-foot wide lane and graded shoulder on the other side. 9-11-507 Alleys.
Alleys serving individual or group residential units may be permitted. (a) Alleys shall be designed, constructed and maintained in accordance with the standards developed for Mountain House approved by the City. (b) All alleys shall be designed to meet or exceed the minimum standards for pavement design, drainage and lighting appropriate for the type of development being served. 9-11-508 Bikeways.
(a) Conformance with Bicycle Path Section. Bikeways, including Class I paths, Class II lanes, and Class III routes, shall conform to the applicable bicycle path cross-section specified in the Master Plan.
(b) Timing. All bikeways shall be constructed concurrent with the roadway. (1) All bikeways shall be part of the roadway development/design when said bikeways are within the road right-of-way.
(2) All multipurpose Class I paths shall have curb ramps and crosswalk striping for crossing streets.
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(3) Where bikeways intersect signalized roadways, the traffic signals at such locations shall include equipment to permit cyclist actuation. (c) Required Dedication. A developer may be required to dedicate land for bicycle paths for use by the residents of a subdivision in accordance with Section 66475.1 of the Subdivision Map Act.
9-11-509 Pedestrian Path.
(a) Conformance with Pedestrian Path Section. Pedestrian paths, consisting of multiuse paths and walks, shall conform to applicable pedestrian walk/path cross-section specified in the Master Plan.
(b) Multi-use Paths.
(1) Excluding the Old River multi-use path, multi-use paths shall be at least eight (8) feet in width, except it shall be ten (10) feet in width where constructed on only one side of the road where no Class II bike lanes are planned. The Old River multi-use path shall be at least twelve (12) feet in width.
(2) Multi-use paths may be constructed of decomposed granite, asphalt or concrete. (c) Walks.
(1) Walks along collector streets shall be a minimum of five (5) feet in width, except where adjacent to rolled curbs where they shall be a minimum of six (6) feet in width, excluding the curb. Walks along local streets shall be a minimum of four (4) feet in width. (2) Commercial and industrial collector streets shall have walks on at least one (1) side of the street, and on both sides of the street where the street supports commercial frontage. (3) Unless otherwise specified, residential collector and local streets shall have a walk on each side of the street. Cul-de-sacs that are five hundred (500) feet or shorter in length may have walks on one (1) side of the street. Where special conditions apply, walks may be permitted on one (1) side of the street.
(d) Pedestrian Crossings. At each signalized intersection where pedestrians are expected to cross, pedestrian-actuated traffic signals shall be provided. 9-11-510 Walls and Noise Barriers.
In all residential zones, the developer shall provide a fence or wall outside of the right-ofway along any public roadway to which access is prohibited. In all but the Rural Residential Zone, the wall shall be a minimum of six (6) feet high, of uniform design and constructed of masonry. For infill or small-scale projects, these requirements may be deferred at the option of the Community Development Director.
Where noise barriers are required for a development project, they shall be included in the improvement plans and any applicable Specific Plan or Special Purpose Plan. 9-11-511 Roadway Lighting.
Roadway lighting systems are required for all development projects in all urban communities, highway service, commercial recreation, and isolated industrial areas. Intersection lighting is required for all development projects in rural communities and other areas of nonagricultural development. Roadway lighting is not required in agricultural zones.
Developments on existing parcels in commercial or industrial zones shall meet the roadway lighting requirements of this Section. Roadway lighting shall be designed in accordance with the City of Mountain House Improvement Standards. New development projects shall either annex
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to an existing Landscape/Lighting Assessment District, annex to or form a Community Facilities District, or other City-approved mechanism for ongoing lighting maintenance. 9-11-512 Roadway Alignments.
The road system within a proposed subdivision shall be designed in accordance with the following criteria:
(a) Alternate Access. Any lot within the subdivision shall be reached by alternative routes except for stub streets and cul-de-sacs as provided in Section 9-11-513. (b) Stub Streets. Where a subdivision abuts an undeveloped area designated in the General Plan for similar development, stub streets shall be designed to serve the adjacent area unless the review authority determines that the area is adequately served by existing roads or it is physically impossible to provide access to the area from the proposed subdivision. Temporary improved turnarounds will be required at the end of stub streets. (c) Energy Conservation. The design of subdivisions, to the extent feasible, shall incorporate energy conservation principles for future passive heating and cooling orientation of structures.
(d) Intersection Offsets. Streets located on opposite sides of an intersecting street shall have their centerlines directly opposite each other; otherwise, the centerlines shall be separated by not less than that specified in the City of Mountain House Improvement Standards.
In all cases the improvements shall be aligned to the satisfaction of the Director of Public Works. (e) Continuation of Existing Streets. New subdivision streets which are continuations of existing streets shall be aligned so that their centerlines coincide. In cases where straight continuations are not physically possible, centerlines shall be continued by curves. 9-11-513 Cul-de-Sac Streets.
Cul-de-sac streets may be allowed as follows:
(a) Maximum Length. Cul-de-sac streets shall have a length not exceeding five hundred (500) feet to one thousand (1,000) feet, varying inversely with the density of the development, and shall serve no more than twelve (12) lots, except where existing physical conditions make such limitations of length impractical. In agricultural zoning districts, the maximum length shall not exceed one-half mile. In no case shall more than sixteen (16) of the dwelling units be served by a cul-de-sac street. The length of the cul-de-sac is measured from the centerline of the intersecting street to the radius point of the cul-de-sac bulb. (b) Turnaround. Cul-de-sac streets shall be terminated by an improved turnaround having a right-of-way radius of fifty (50) feet in accordance with City of Mountain House Improvement Standards, except where existing physical conditions make such limitation of radius impractical.
9-11-514 Private Rights-of-Way Improvements—Existing Lots.
Private rights-of-way approved by the City to provide access to existing lots not within an antiquated subdivision, shall be subject to an Improvement Plan, in accordance with the following criteria:
(a) The entire length of the private right-of-way, and any required secondary method of access, from a maintained County, city, or state road to the driveway serving the development shall be constructed and maintained to the standards required by the California Fire Code and applicable City of Mountain House Improvement Standards;
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(b) In agricultural areas, as designated in the General Plan, any private right-of-way that exceeds one-half (½) mile in length or serves more than sixteen (16) lots shall have a secondary method of access. The requirement for secondary access may be waived in areas designated General Agriculture in the General Plan if the Director finds that physical conditions make the provision of secondary access impractical;
(c) In nonagricultural areas, as designated in the General Plan, any private right-ofway that exceeds the length of cul-de-sacs provided for in Section 9-11-513 shall have a secondary method of access; and
(d) Island parcels which are served by a navigable waterway, where such waterway provides the only surface access to the parcel.
9-11-515 Private Rights-of-Way Improvements—New Lots.
Private rights-of-way approved by the City to provide access to lots created by major or minor subdivisions shall be submitted with an application for a subdivision and comply with the following criteria:
(a) In agricultural areas, as designated in the General Plan, any private right-of-way that exceeds one-half (½) mile in length or serves more than sixteen (16) lots shall have a secondary method of access. The requirement for secondary access may be waived in areas designated General Agriculture in the General Plan if the Director finds that physical conditions make the provision of secondary access impractical;
(b) In nonagricultural areas, as designated in the General Plan, any private right-ofway that exceeds the length provided for in Section 9-11-513 or serves more than twelve (12) lots shall have a secondary method of access;
(c) The entire length of the private right-of-way, and any required secondary method of access, from a maintained County, city, or State road to the driveway serving the development shall be constructed and maintained to the standards required by the California Fire Code and applicable City of Mountain House Improvement Standards; (d) A maximum of six (6) existing and/or potential lots may be served by the private right-of-way or the private right-of-way shall be improved to City of Mountain House Improvement Standards for public roads; and
(e) If it is found in the review of the tentative map that in the future it may be necessary to include the right-of-way in the City’s road system, the applicant shall make an irrevocable offer of dedication of the right-of-way to the City and execute a Deferred Frontage and Roadway Improvement Agreement.
9-11-516 Antiquated Subdivision.
Public roads or private rights-of-way in antiquated subdivisions may provide access to existing lots subject to the following criteria:
(a) The roads shall be improved to minimum rural residential road standards and an irrevocable offer of dedication is made to the City; or (b) If access is to be provided by a private right-of-way, individual lots may be developed subject to an approved Site Approval Application if the following criteria are met; (c) The entire frontage of the lot is improved to rural residential road or rural road standards or deferred pursuant to Section 9-11-502(c)(4);
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(d) The road is improved, at a minimum, to the requirements of the California Fire Code and applicable City of Mountain House Improvement Standards from the lot to a County, city, or State maintained road;
(e) If the road exceeds one-half (½) mile in length or serves more than sixteen (16) lots, a secondary method of access improved to the standards described in Subsection (b)(2) must be provided; and
(f) An irrevocable offer of dedication is made to the City. 9-11-517 Public Access to Waterways.
Whenever a subdivision adjoins a public waterway, and reasonable public access is unavailable within a reasonable distance therefrom as determined by the Review Authority, the developer shall provide access to said waterway by means of a public roadway, pedestrian way, or bikeway. In accordance with Section 66478.1 et seq. of the Government Code, said access shall include an easement along a portion of the bank of the waterway. The Review Authority shall determine the design and location of the access based on the following considerations:
(a) Means of Access. Access may be by vehicle, foot, or other means; (b) Development Size. The size of the development;
(c) Public Access. The proximity of public access to the resources; (d) River Bank Type. The type of river bank and its appropriate recreational, educational, and scientific uses;
(e) Trespass. The likelihood of trespass on private property and reasonable means of avoiding such trespass; and
(f) Levees. The existence of levees and the primary purpose of the levees shall be flood control. For the purposes of this section, the definition of public waterway shall be as defined in Section 66478.4 of the Government Code.
9-11-518 Road Naming Procedures.
The following procedures shall be used in the naming of public or private roads:
(a) Tentative Map Review. Where the new road is proposed as part of a tentative map, the applicant shall submit with the tentative map the proposed names for new roads. As part of the review of the tentative map, the Review Authority shall ensure that the proposed name is consistent with the Community Development Department’s road name standards. Those names not consistent with the standards shall be identified, and the applicant shall submit alternate name(s). The review of the alternate name(s) shall be the same as described above. The Review Authority for the tentative map is authorized to officially name any new road which is consistent with the adopted road naming standards.
(b) Other New Roads. Where a new road is proposed that is not part of a tentative map, the City Council shall officially name the new road at the time the road is accepted as a public highway. The name shall be consistent with the Community Development Department’s road naming standards.
(c) Road Name Changes. Requests for the renaming of existing roads shall follow the procedures for a public hearing as described in Chapter 5 of Division 2, with the following modifications:
(1) Applications may be filed by any interested person; (2) Notification shall be by United States mail to all owners of property fronting on or with direct access to the road, and a minimum of three (3) notices posted along the road;
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(3) The Planning Commission is authorized to officially rename any existing road if the new name is consistent with the adopted road naming standards. 9-11-519 Deceleration/Turning Lanes.
Deceleration or turning lanes shall be required along existing and proposed streets, as determined by a traffic study.
9-11-520 Rail Crossings.
The following provisions concerning rail crossings at public roadways shall be applicable:
(a) All at-grade rail crossings shall include a pull-out lane for specially designated vehicles that are required to stop at crossings.
(b) All at-grade rail crossings shall include crossing gates, flashing lights and available signals.
CHAPTER 6. UNDERGROUND UTILITIES
9-11-601 Intent.
The intent of this Chapter is to specify the requirements for underground utilities. 9-11-602 Utility Distribution Facilities.
Utility distribution facilities shall comply with the following requirements:
(a) Underground Distribution and Transmission. All utility distribution and transmission facilities supplying electric, communication, or similar service within, or passing through, any development project shall be placed underground. The word “facilities” as used herein shall not include standards used for street lighting, traffic signals, pedestals for police and fire system communications and alarms, pad-mounted transformers, pedestals, pedestal-mounted terminal boxes and meter cabinets, concealed ducts, substations, and facilities used to carry voltage higher than thirty-five thousand (35,000) volts. (b) Location for Underground Facilities. Underground distribution facilities for public utilities shall be located in a public right-of-way or public utility easement. No public utility distribution facilities shall be located outside a public right-of-way or public utility easement except in providing service to the parcel on which they are located. (c) Rural Residential Subdivision. In rural residential subdivisions, the Review Authority may waive the requirement for underground facilities if it finds that such undergrounding is economically infeasible, incompatible with the surrounding area, or impossible because of soil or topography.
(d) Location of Overhead Utilities. Overhead utility lines, when permitted by the Review Authority, shall be located in a utility easement at the rear of lots or parcels and along the side of lots or parcels when necessary. The precise location approved by the Department of Public Works. Poles supporting such overhead lines shall not be installed within any alley, way, drainage easement, or flood control channel.
(e) Timing of Installation. Any underground utility improvements, installed or to be installed in a subdivision by the subdivider, which cross underneath the right-of-way of any street, alley, or way shall be installed prior to the improvement of any such street, alley, or way in the subdivision.
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CHAPTER 7. SOLID WASTE RECYCLING
9-11-701 Intent.
The intent of this Chapter is to specify the minimum regulations for enclosures for the collection and loading of recyclable materials for new buildings and for expansion of existing buildings in the City of Mountain House.
9-11-702 Applicability.
This Chapter shall apply to the following:
(a) Any construction for which a building permit is required for a commercial, industrial, institutional, or public building, where solid waste is collected for transport. (b) Any construction for which a building permit is required for a residential building with five (5) or more living units, where solid waste is collected for transport. 9-11-703 Exceptions.
Construction on an existing building that does not increase the square footage of the floor space of the building by more than thirty (30) percent is exempt from the requirements of this Chapter.
9-11-704 Requirements for Collection and Recycling.
The following requirements shall apply to the collection and recycling of solid waste materials:
(a) All applicable construction projects shall have recycling container enclosures which are of sufficient number and aggregate volume to equal one-half (½) the number and aggregate volume of the enclosures used for containers to collect and load solid waste at the site.
At least one recycling container enclosure shall be provided for any such construction project. (b) Recycling container enclosures shall be located near the solid waste collection enclosures to facilitate both the collection and loading for transport of recycled materials. (c) The recycling container enclosure shall include gates that can be locked to prevent theft of the recyclable materials. For buildings where the recycling container enclosures provide the only tenant access to recycling containers, the recycling container enclosures shall be designed to prevent theft of recyclable materials, but not prevent tenants from depositing recyclable materials.
DIVISION 12. INFRASTRUCTURE AND SERVICES FINANCING
CHAPTER 1. RESERVED
CHAPTER 2. SCHOOL FACILITIES FINANCING FOR NEW DEVELOPMENT 9-12-201 Intent.
The intent of this Chapter is to ensure that new development which is to be approved is served by adequate school facilities.
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9-12-202 Requirements for Approval.
In addition to meeting any other requirements specified by this Title for the approval of projects, the proposed residential development(s) or Zone Reclassification(s) for residential development shall not be approved unless the school district provides documentation to the Planning Commission or City Council showing that adequate school facilities can be made available concurrently with the need for such facilities and including the following:
(a) The school district has imposed all school mitigation fees pursuant to Government Code Section 53080 or equivalent mitigation measures not otherwise prohibited by statute; (b) The school district has filed a current copy of its School Facilities Plan with the Community Development Department;
(c) Each school district’s School Facilities Plan shall accurately document its existing facilities, provide future school facilities projections, both short- and long-term, and demonstrate the use of the current and projected revenues which are anticipated to meet those needs; (d) The School Facilities Plan shall also document the district’s reasonable good faith efforts to seek all available funding, without substantial prejudice to the district’s reasonable historical education standards, and a current presentation regarding the prospects for seeking and/or obtaining funds in the reasonably foreseeable future; and (e) The school district shall file any and all Amended School Facilities Plans with the Community Development Department within thirty (30) days after their adoption.
CHAPTER 3. PUBLIC LAND EQUITY PROGRAM
9-12-301 Intent.
Development within the Mountain House Community will necessitate the acquisition of Public Land for public facilities and improvements. The Mountain House Public Land Equity Program was conceived to ensure that lands required for public purposes are available to public agencies in a timely and cost-effective manner, that Landowners who wish to develop land within the Community share equitably in the provision of Public Lands, that Landowners receive fair compensation for the land which they provide for public purposes in excess of their proportional share requirement, and that wide swings in Public Land values over time and across locations are minimized or avoided. In accordance with these objectives, it is the intent of this Chapter to establish the procedures, requirements and other measures necessary to implement the Mountain House Public Land Equity Program.
9-12-302 Findings.
In enacting and implementing the Public Land Equity Program by means of this Chapter, the Board of Supervisors found, and the City Council to the extent necessary and appropriate finds, as follows:
(a) Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Plan as an implementing measure of the General Plan. The Master Plan sets forth a comprehensive plan for the Mountain House Community.
(b) The Master Plan includes a Land Use Plan which designates and will guide the location and amount of land for various uses including residential, commercial, industrial, institutional, and recreational land uses. The Master Plan also shows the general location and size of major public facilities required to serve the Mountain House Community including arterial
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roads, community parks and open spaces, drainage ways, schools, and other public buildings and facilities. As a result, Mountain House will be a well-planned community with each land use dependent on the other land uses, balanced and timed to correspond with the orderly construction of the public facilities.
(c) The adoption of this Chapter is necessary to implement the Mountain House Public Financing Plan, which was previously approved by the Board of Supervisors. (d) The type, scale and location of land uses and the type, size and location of public facilities shown in the Mountain House Master Plan is the result of the extensive planning and environmental mitigation, as reflected in the Mountain House Master Plan Environmental Impact Report. These public facilities are required to meet Federal, State, and local statutes, ordinances, and regulations.
(e) The public facilities planned for the Mountain House Community are part of an integrated infrastructure and service system essential to assure the public health, safety and welfare of all Landowners, residents, businesses, and employees within the Mountain House Community.
(f) A substantial portion of land is required upon which to build public facilities required by the Mountain House Master Plan. The amount and locations of these lands are entirely based upon the need for public facilities for the Mountain House Community with respect to other planned land uses, without regard for parcel or ownership patterns within the Mountain House Community.
(g) In order to assure equity in the distribution of costs associated with the provision of land for public facilities, it is necessary to create and implement a mechanism for equalizing the differential amounts of land required for public uses from each parcel or ownership located within the Mountain House Community.
9-12-303 Public Land Percentage.
The Public Land Percentage for the Public Land Equity Program is twenty-one and twotenths percent (21.2%), as calculated in the Public Land Equity Program Technical Report. Said Public Land Percentage shall remain fixed for the life of the Public Land Equity Program and shall be used to determine the Public Land Acreage Requirement for each parcel in the Mountain House Community.
9-12-304 Determinations for Discretionary Permit Application.
Upon submission of a discretionary Development Permit application to develop a parcel, the City shall do the following:
(a) Determine whether the amount and location of Public Lands on the subject parcel are consistent with the Mountain House Master Plan, a Specific Plan, or a Special Purpose Plan and acceptable to the public agency(s) that is(are) to receive said lands. (b) Determine the Public Land Acreage Requirement for the subject parcel. (c) Determine whether the subject parcel has a Public Land Deficit or a Public Land Surplus.
9-12-305 General Requirements for Development.
(a) Parcels Subject to Chapter. All parcels for which a discretionary Development Permit application has been made, or, at the discretion of the City, for which a Preliminary Map
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application has been made, shall be subject to the provisions of this Chapter, unless said parcel has previously fully met the requirements of this Chapter. (b) Dedication of Public Land. As a condition of final approval for a discretionary Development Permit application for a parcel in the Mountain House Community, a Landowner shall dedicate any Public Land on said parcel, including Public Land Surplus lands, to the Applicable Public Agency.
(c) Fulfillment of Public Land Acreage Requirement. As a condition of final approval for a discretionary Development Permit application for a parcel in the Mountain House Community, a Landowner shall meet the Public Land Acreage Requirement for said parcel. If the parcel has a Public Land Deficit, the Landowner shall correct such Public Land Deficit by:
(1) Dedicating Public Land which is not on the subject parcel but which is within the Mountain House Community to the Applicable Public Agency, sufficient in acreage to meet said Public Land Deficit; and/or
(2) Transferring fee title ownership of Private Land which is not needed for public facilities or services but which is within the Mountain House Community to the City, sufficient in acreage to meet said Public Land Deficit; and/or
(3) Submitting land vouchers to the City, sufficient in acreage to meet said Public Land Deficit; and or
(4) Using any combination of the actions specified in subsections (c)(1) through (c)(3) above.
9-12-306 Special Development Regulations.
In addition to the provisions of Section 9-12-305, the following Special Development Regulations shall be applicable for the development of property in the Mountain House Community:
(a) Irrevocable Offers of Dedication. If required by an Applicable Public Agency, a Landowner shall execute an irrevocable offer of dedication with respect to Public Land. (1) The City shall acknowledge that the irrevocable offer of dedication satisfies on an acre-per-acre basis the Public Land Acreage Requirement on the subject parcel by noting said fact either on the irrevocable offer of dedication or on a separate instrument which is to be recorded.
(2) The City shall issue a Land Voucher to the Landowner equivalent in acreage to the acreage specified in the irrevocable offer of dedication, if agreed to by the Landowner and if an application for a discretionary Development Permit has not been submitted for the subject parcel.
(b) Special Calculation of Public Land Acreage Requirement. In instances in which fee title ownership of Public Land on a parcel within the Mountain House Community has been acquired from a Landowner for cash payment prior to the submission of a discretionary Development Permit application on said parcel, the following special regulations shall be applicable concerning the Public Land Acreage Requirement of the resulting parcel:
(1) The Public Land Acreage Requirement of the resulting parcel shall be calculated by multiplying the sum of the gross acreage of the resulting parcel and the Public Land acquired from the Landowner by the Public Land Percentage.
(2) The Public Land Acreage Requirement for the resulting parcel shall be indicated on the subdivision map at the time the Public Land is acquired from the Landowner. If a
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subdivision map is not utilized, the Public Land Acreage Requirement for the resulting parcel shall be indicated by a separate instrument which is to be recorded. (c) Land Vouchers for Advances. A Landowner who has provided cash advances to the City for the purpose of purchasing Public Land shall be issued a Land Voucher by the City equivalent in acreage to the land being acquired.
9-12-307 Early Dedication of Land by Landowner.
A Landowner within the Mountain House Community may, prior to submitting an application for a discretionary Development Permit for a parcel, dedicate Public Land on said parcel to the City, provided the conditions for dedication specified in Section 9-12-309 are met. 9-12-308 Selection of Compensation Option by Landowner.
A Landowner who is to receive compensation from the City for Public Land Surplus land, and/or other Public Land that is required before an application for a discretionary Development Permit has been made with respect to the parcel containing such land, may choose any of the following compensation options:
(a) The exchange of said land for available Private Land held by the City, provided the Private Land is equivalent in acreage to said land; (b) The exchange of said land for a Land Voucher provided by the City, provided the Land Voucher is equivalent in acreage to said land;
(c) The exchange of said land for both available Private Land held by the City and a Land Voucher provided by the City, provided the Private Land and the Land Voucher together are equivalent in acreage to said land;
(d) The sale of said land to the City for a price which is mutually agreed to or which is determined as a result of eminent domain proceedings. 9-12-309 Requirements for Land Dedications and Transfers.
In dedicating Public Land in the Mountain House Community to an Applicable Public Agency, or in transferring fee title ownership of Private Land in the Mountain House Community to the City, the Landowner shall pay all transaction costs. The City may accept or refuse proposed transfers of Private Lands which are within the boundaries of the Mountain House Community but not within the boundaries of the City. The City shall accept proposed transfers of Private Lands which are within the boundaries of the City, provided said Private Lands meet the conditions for transfer specified in subsections (a) through (c) of this Section.
The City or the Applicable Public Agency may accept or refuse proposed dedications of Public Lands which are within the Mountain House Community but not within the boundaries of the City. For Public Lands which are within the boundaries of the City, the City or the Applicable Public Agency shall accept such proposed dedications, provided the Public Lands to be dedicated meet the conditions for dedication specified in subsections (a) through (c) of this Section.
All lands to be transferred or dedicated within the boundaries of the City shall be:
(a) Free of liens and encumbrances, excluding any of the following:
(1) Liens and encumbrances waived by the City or the Applicable Public Agency; (2) A development agreement between one or more private parties and the City; (3) The Mountain House Master Covenants, Conditions, and Restrictions; (4) Oil, gas, and other mineral interests which do not encumber the surface, or the first one hundred (100) feet below the surface; and
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(5) Public utility easements that do not negatively affect the use of said land, for either the public use which is planned for said land or any use permitted in the zone in which said land is located.
(b) Used exclusively for the purposes of the Public Land Equity Program; and (c) Part of a recorded subdivision map filed after November 28, 1997, or meets the minimum requirements of the zone in which said land is located at the time of dedication or transfer.
9-12-310 Land Voucher Regulations.
The following regulations shall be applicable to Land Vouchers issued by the City:
(a) Assignability. A Land Voucher may be assigned from one Landowner to another Landowner, subject to the approval of the City.
(b) Redemption by City. The City may redeem a Land Voucher, or portion thereof, by exchanging an equivalent amount of Private Land, held in fee title by the City, for said Land Voucher. At its sole discretion, the City may redeem any outstanding Land Voucher with a cash payment to the holder of the Land Voucher.
(1) Land Vouchers shall be redeemed in the order in which they were issued. If the holder of a Land Voucher does not desire to have said Land Voucher redeemed, the City shall redeem the Land Voucher next in the order issued.
(2) Land Vouchers may be redeemed by the City at any time prior to the expiration of the mandatory retirement period, as specified in this Section, provided both the holder of the Land Voucher and the City agree to said redemption.
(3) All Land Vouchers shall be retired by the City within fifteen (15) years from the first day of March succeeding its date of issuance. Said period of time shall hereinafter be referred to as the mandatory retirement period. On each succeeding March 1st, one (1) year shall automatically be added to the mandatory retirement period unless written notification is received from the holder of the Land Voucher at least ninety (90) days prior to March 1st, requesting redemption of the Land Voucher by the City by the end of the mandatory retirement period. Any further extension of the mandatory retirement period shall be provided by mutual agreement between the holder of the Land Voucher and the City.
(4) If the City elects to redeem a Land Voucher by means of a cash payment, the amount of the cash payment shall be determined by multiplying the number of acres represented by the Land Voucher by the average value per acre of undeveloped land within the Mountain House Community, as established by fair market appraisal. The City may use the latest fair market appraisal of undeveloped land within the Mountain House Community to establish said average value per acre, provided the fair market appraisal has been computed no more than two (2) years prior to the date of the cash redemption of said Land Voucher. (c) Content of Land Vouchers. A Land Voucher shall specify the number of acres for which it was issued, the reason for its issuance, the conditions for acceptance of said Land Voucher including the requirement that the holder of the Land Voucher agree to the method for determining its cash payment value, and any other information deemed essential by the City. 9-12-311 Mountain House Public Land Acquisition Fund.
A Mountain House Public Land Acquisition Fund shall be established by the City for the purposes of this Chapter. Money generated as a consequence of the provisions of this Chapter
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shall be deposited within said fund. Money within said fund, and any interest generated therein, may be used solely for the following purposes:
(a) Acquiring Public Land;
(b) Redeeming Land Vouchers;
(c) Providing reimbursements for the administrative costs accrued in administering the Mountain House Public Land Equity Program; and
(d) Providing reimbursements for any inter-fund transfers and advances that may be necessary to assure adequate cash flow and for timely accomplishment of the necessary land acquisitions.
9-12-312 Annual Report.
The disposition of unexpended Public Land Acquisition Fund money and lands shall be included in the Mountain House Annual Report to the City Council. The section of the Mountain House Annual Report concerning the Public Land Acquisition Program shall set forth the total amount of all money deposited in the Public Land Acquisition Fund in the year prior to the date of said report, a summary of the use of such revenues including the use of such revenues to redeem or retire Land Vouchers, and the funds which remain unexpended. The lands acquired by the City shall be enumerated, and a summary of the exchange of said lands for Land Vouchers, if any, shall be provided.
9-12-313 Use of Surplus Private Lands or Funds.
In the event that the City acquires more Private Lands, or funds generated from the sale of Private Lands held in fee title by the City and designated specifically for the redemption of Land Vouchers, than is actually determined to be needed for Public Lands identified in the Public Land Equity Program Technical Report, the City shall use said surplus Private Lands or funds only for projects or activities that provide a community-wide benefit. 9-12-314 Inapplicability.
This Chapter shall not be applicable to lands required for a public use which are not included in the Public Land Equity Program Technical Report.
CHAPTER 4. SPECIFIC PLAN REIMBURSEMENT FEES
9-12-401 Intent.
It is the intent of this chapter to establish Specific Plan reimbursement fees, in accordance with Section 65456 of the Government Code, and to set forth the responsibilities of the parties involved in implementing the Specific Plan Reimbursement Program as provided in the Mountain House Public Financing Plan.
9-12-402 Findings.
In establishing Specific Plan reimbursement fees, the Board of Supervisors found, and the City Council to the extent necessary and appropriate finds, as follows:
(a) Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Specific Plan as an implementation measure to the City of Mountain House General Plan.
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(b) The Master Specific Plan sets forth a comprehensive plan for the Mountain House Community, including a Land Use Plan which designates and guides the location and amount of land for residential, commercial, industrial, institutional, and recreational uses. As a result of this Land Use Plan, Mountain House will be a well-planned community with each land use dependent on the other.
(c) The Board of Supervisors has also adopted Specific Plan I and will adopt subsequent Specific Plans, as the primary implementation documents for the Master Specific Plan.
(d) Specific Plans are both policy and regulatory documents, providing detailed information and instruction regarding the types, locations and densities of land uses; development phasing; zoning regulations; public infrastructure and services; development standards; and design guidelines. Adopted Specific Plans are critical precursors to actual physical on-site development, making possible the granting of land use entitlements. (e) Those developing property in the Mountain House Community will derive benefit from the adopted Master Specific Plan and subsequent Specific Plans, including the Supporting Documents, whose preparation and adoption has been paid for by the Master Developer and/or other Developers.
(f) The Board of Supervisors has adopted the Mountain House Public Financing Plan which includes policies for reimbursing Developers, including the Master Developer, for the cost of preparing and adopting the Mountain House Master Specific Plan and subsequent Specific Plans, including the Supporting Documents.
(g) In order to establish equity among Developers who benefit from the adopted Master Specific Plan and subsequent Specific Plans, including the Supporting Documents, it is necessary to create and implement a mechanism whereby the Master Developer and other Developers who have paid for the cost of said documents can recover their costs, in accordance with Section 65456 of the Government Code.
9-12-403 Reimbursement Fees.
Two types of reimbursement fees are authorized in the Mountain House Community: the Master Specific Plan Reimbursement Fee, and a Specific Plan Reimbursement Fee. (a) Each reimbursement fee shall be established by a resolution adopted by the City, pursuant to this Chapter and to the Mountain House Public Financing Plan. The resolution shall describe the area of coverage for the respective reimbursement fee. (b) Reimbursement fees shall be based on the amended Specific Plan Reimbursement Program Technical Report which specifies the methodology and serves as the basis of the fee computation. The Specific Plan Reimbursement Program Technical Report is incorporated herein, as part of this Chapter, by this reference, and is on file with the City of Mountain House Community Development Department.
(c) The amount owed on property subject to reimbursement fees shall be determined by multiplying the gross acreage of said property by each applicable reimbursement fee. The sum of the products from this calculation shall equal the total amount owed from reimbursement fees for said property.
(d) A Developer who has paid for the cost of preparing and adopting a Specific Plan may request that the City establish a Specific Plan Reimbursement Fee for the area covered by said Specific Plan.
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(e) Reimbursement fees shall be automatically adjusted, commencing on July 1st of each succeeding year following adoption of said fees, by the change, if any, in the Consumer Price Index (CPI), San Francisco-Oakland-San Jose Index for Urban Wage Earners and Clerical Workers—All items, published by the Bureau of Labor Statistics, U.S. Department of Labor (1967=100). The adjustment in reimbursement fees shall be calculated by multiplying each applicable reimbursement fee by a fraction having a numerator equal to the most recent June CPI and having a denominator equal to the June 2001 CPI.
9-12-404 Applicability and Timing of Fees.
Unless otherwise specified, all property within the Mountain House Community shall be subject to the Master Specific Plan Reimbursement Fee and any applicable Specific Plan Reimbursement Fee. The applicable reimbursement fee or fees shall be payable as a condition of, and upon the issuance of, any Development Permit, or any zoning or rezoning, affecting real property within the area covered by the Mountain House Master Specific Plan that: (i) subdivides land under the California Subdivision Map Act or applicable local ordinance, or creates a new parcel of real property, or (ii) creates, authorizes, permits or allows any use that affords the beneficial owner of any such real property access to, or use of, development entitlements provided by or pursuant to the Mountain House Master Specific Plan, or any Specific Plan, including Specific Plan I. For the purposes of this section, “development entitlements” means the ability to develop or use real property in a manner created by, or allowed pursuant to, the Mountain House Master Specific Plan, or any Specific Plan, including Specific Plan I, which did not exist prior to the adoption of such plan(s).
9-12-405 Exemptions From Fees.
Property shall be exempt from the Master Specific Plan Reimbursement Fee or the applicable Specific Plan Reimbursement Fee or both said fees under any of the following circumstances:
(a) If the subject property has previously fully met the fee requirements of this Chapter, the property shall be exempt from said fees;
(b) If the Development Permit to develop the subject property is for a public facility, and the applicant for the Development Permit is a public entity, and the subject property is owned by the public entity the Development Permit shall not result in the imposition of said fees on the property, except in cases where the public entity obtains land through condemnation; (c) If the Master Developer or the Master Developer’s assignee submits a Development Permit application to the City to develop property within the area covered by the Mountain House Master Specific Plan, the property shall be exempt from the Master Specific Plan Reimbursement Fee;
(d) If a Developer, or the Developer’s assignee, who has paid for the cost of preparing and adopting a Specific Plan submits a Development Permit application to the City to develop property in said Specific Plan area, the property shall be exempt from the applicable Specific Plan Reimbursement Fee.
9-12-406 Creation of Fee Funds.
Reimbursement fees shall be deposited in either the Master Specific Plan Reimbursement Fee Fund or the relevant Specific Plan Reimbursement Fee Fund, whichever is applicable, that is established by the City to hold the revenue generated by the fees. Revenue within such funds,
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and any interest generated therein, shall be used solely for the purposes set forth in Section 9-12- 607.
9-12-407 Use of Fees.
(a) Revenues generated from the Master Specific Plan Reimbursement Fee shall be used for the following purposes:
(1) To reimburse the Master Developer for the casts incurred by the Master Developer in the preparation and adoption of the Mountain House Master Specific Plan and the Supporting Documents, as specified in the Specific Plan Reimbursement Program Technical Report; and
(2) To reimburse the City for the costs incurred in the administration of the Master Specific Plan Reimbursement Fee.
(b) Revenues generated from a Specific Plan Reimbursement Fee shall be used for the following purposes:
(1) To reimburse a Developer for the costs incurred by the Developer in the preparation and adoption of the applicable Specific Plan and the Supporting Documents, as specified in the Specific Plan Reimbursement Program Technical Report; and (2) To reimburse the City for the costs incurred in the administration of the applicable Specific Plan Reimbursement Fee.
9-12-408 Termination of Fees.
Once the Master Developer or any other Developer has been fully reimbursed for all cost incurred by the Master Developer or any other Developer in preparing and adopting the Mountain House Master Specific Plan or the applicable Specific Plan, and the Supporting Documents, the applicable reimbursement fees shall cease to be collected and this Chapter shall be repealed. Any monies remaining in the Master Specific Plan Fee Fund or in the applicable Specific Plan Fee Fund shall be paid into the General Fund of the City. 9-12-409 Refund of Fees Paid.
There shall be no refund of monies generated from the imposition of any reimbursement fees on property.
CHAPTER 5. AFFORDABLE HOUSING IMPACT FEE
9-12-501 Intent.
It is the intent of this Chapter to establish an Affordable Housing Impact Fee in order to promote the development of housing that is affordable to low-income households within the Mountain House Community through the use or application of fee revenues, as specified in the Mountain House Master Plan.
9-12-502 Findings.
In establishing the Affordable Housing Impact Fee, the Board of Supervisors found, and the City Council to the extent necessary and appropriate finds, as follows:
(a) Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Plan as an implementation measure to the City of Mountain House General Plan.
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(b) One of the principal objectives of the Mountain House Master Plan is to ensure that those who work in the community are able to afford to live in the community. By providing housing for all income groups who work within the community, certain benefits to the environment and residents will occur: reduced traffic congestion, improved air quality, increased opportunity for transit and bicycle use, and increased opportunity for pedestrian use throughout the community.
(c) The presence of a housing supply affordable to all income groups also means that the community will be more likely to attract the employment base needed to achieve the jobs/housing balance required by the Mountain House Master Plan. This is critical to the success of the community. Prospective employers consider the availability of affordable housing for their employees as a highly desirable attribute in deciding where to locate their business.
Consequently, the availability of a diverse and affordable housing stock will facilitate the development of employment opportunities, thereby helping to implement the concept of a balanced community as provided in the Mountain House Master Plan. (d) Although the market alone is anticipated to provide housing that is both available and affordable to all income groups, it is anticipated that there will be low-income and mediumincome persons working in the community who will be unable to live in the community without some form of housing assistance.
(e) Since residential development in the Mountain House Community will be dependent to some extent on the services provided by low-income and medium-income persons, it is essential that such residential development assume a reasonable share of the responsibility for providing a sufficient number of units which are affordable to these individuals. (f) In order to ensure the development of residential units which are affordable to low-income and medium-income persons who work in the Mountain House Community, it is necessary to assess an Affordable Housing Impact Fee against residential development, and to create and implement a mechanism whereby revenues generated from said fee can be utilized to fill affordability gaps for such income groups.
(g) For certain categories of residential development, it is inappropriate to assess an Affordable Housing Impact Fee and therefore these categories are excluded from paying said Affordable Housing Impact Fee. These categories include second unit dwellings, Density Bonus Units, and Additional Town Center Units, that are specifically meant to provide affordable housing opportunities for low-income and medium-income persons; residential units in PreExisting Residential Areas that do not receive municipal utility services provided by the City of Mountain House; and remodeling projects and projects involving the replacement of existing residential structures up to the total livable area of said structures. 9-12-503 Affordable Housing Impact Fee.
An Affordable Housing Impact Fee is hereby authorized in the Mountain House Community.
(a) The Affordable Housing Impact Fee shall be established by a Resolution adopted by the City pursuant to this Chapter and to the Mountain House Public Financing Plan. (1) The Affordable Housing Impact Fee and any revisions thereto shall be based on the Affordable Housing Impact Fee Technical Report (AHFTR) which specifies the methodology and serves as the basis for the fee computation.
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(2) The Affordable Housing Impact Fee shall consist of two (2) components: a fee per dwelling unit square foot and a fee per lot square foot. Said fees shall be revised in accordance with the provisions of Subsections (c) of this Section. (b) The total amount owed on property subject to the Affordable Housing Fee shall be determined as follows:
(1) For new construction, the total amount owed shall be determined by multiplying the livable area of the residential unit and the square footage of the subject property by the applicable fee components of the Affordable Housing Impact Fee and summing the results. (2) For additions to an existing residence, the total amount owed shall be determined by multiplying the liable area of the addition by the applicable fee component of the Affordable Housing Impact Fee.
(3) For projects involved the replacement of an existing residential structure, the total amount owed shall be determined by multiplying the livable area exceeding the livable area of the prior structure by the applicable fee component of the Affordable Housing Impact Fee. (c) The components of the Affordable Housing Impact Fee shall automatically be adjusted on July 1st of each year based on the percentage change in the Mountain House Housing Index, as set forth in the Resolution pertaining to the Fee adopted by the City, for (MH Housing Index) the preceding fiscal year.
9-12-504 Applicability of Fee.
Unless otherwise specified, all residential construction within the Mountain House Community shall be subject to the Affordable Housing Impact Fee. Non-residential development shall not be subject to said fee.
9-12-505 Affordable Housing Impact Fee Exemptions.
The following categories of residential development shall be exempted from the Affordable Housing Impact Fee:
(a) Additional Town Center Units;
(b) Density Bonus Units;
(c) Projects involving the replacement of an existing residential structure but only up to the total livable area of the prior residential structure; (d) Remodeling projects;
(e) Residential developments in Pre-Existing Residential Areas in which the zoning is AU-20; and
(f) Second unit dwellings.
9-12-506 Timing of Fee.
The total amount owed on property subject to the Affordable Housing Impact Fee shall be payable prior to the issuance of a building permit. The Director shall determine the total amount which is owed.
9-12-507 Mountain House Housing Trust Fund.
A Mountain House Housing Trust Fund (MHHTF) shall be established by the City for the purposes of this Chapter. Money generated as a consequence of the provisions of this Chapter shall be deposited within said fund. Money within said fund, and any interest generated therein,
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shall be used solely for the implementation and administration of the Affordable Housing Program for the Mountain House Community.
9-12-508 Reserved.
9-12-509 Refund of Fees Paid.
If a building permit lapses and becomes void, then the payer of the Affordable Housing Impact Fee amount shall be entitled to a refund, without interest, of said fee amount; provided that the portion of any fee amount received by the City as reimbursement of its costs in administering the provisions of this Chapter shall not be refunded. (a) The fee payer shall submit an application for a refund of the Affordable Housing Impact Fee amount paid to the City within ninety (90) calendar days of the expiration of the building permit.
(b) Failure of the fee payer to submit a timely application for refund of the Affordable Housing Impact Fee amount shall constitute an absolute waiver of any right to a refund.
CHAPTER 6. COUNTY FACILITIES FEE PROGRAM
9-12-601 Purpose, Findings, and Declaration of Intent.
(a) In order to implement the goals and objectives of the General Plan and to mitigate impacts caused by new development within the City, a County Facilities Fee Program is necessary. The program is needed to finance region-serving Capital Facilities located throughout the County that are used by the residents and businesses within the city and to assure that new development pays its proportional share for these improvements. (b) Fee revenue collected pursuant to this ordinance shall be remitted to the County of San Joaquin who shall be responsible for administering the fee funds and constructing the Capital Facilities.
(c) Title 7, Division 1, Chapter 5, Section 66000 et seq. of the California Government Code provides that Capital Facilities Fees may be enacted and imposed on Development Projects. The City Council finds and determines that:
(1) New Development Projects cause the need for construction, expansion, or improvement of Capital Facilities within the County of San Joaquin. (2) Funds for construction, expansion, or improvement of Capital Facilities are not available to accommodate demand for service caused by Development Projects; which results in inadequate Capital Facilities within San Joaquin County. (d) The City Council finds that the health, safety, peace, morals, convenience, comfort, prosperity, and general welfare of the residents and businesses within the County will be enhanced by the adoption of County Facilities Fees for construction, expansion, or improvement of region-serving Capital Facilities.
9-12-602 Collection of Capital Facility Fee.
The Capital Facility Fee enacted pursuant to this Chapter is to be collected by the City before the issuance of building permits, or at approval of any discretionary permit if no building permit is required.
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9-12-603 Authority for Adoption.
This Chapter is adopted under the authority of the Mitigation Fee Act, Title 7, Division 1, Chapter 5 of the California Government Code Sections 66000 et seq. 9-12-604 Definitions.
Words when used in this Chapter, and in resolutions adopted thereto, shall have the following meanings:
“Board of Supervisors” means the Board of Supervisors of the County of San Joaquin. “Capital Facility” includes region-serving public improvements and community amenities normally provided by the County of San Joaquin. “Nexus Report” means the San Joaquin County Facility Fee Nexus Report originally prepared in September 2003, as may be amended from time-to-time. 9-12-605 Fee Amount.
(a) The Board of Supervisors-adopted County Capital Facilities Fee in the amount established by a Board of Supervisor’s resolution, as it existed and had been collected in Mountain House prior to the City’s incorporation on July 1, 2024, was continued pursuant to section 24 of the San Joaquin Local Agency Formation Commission’s Resolution 23-1526 Making Determinations, Approving and Ordering a Reorganization to Include Incorporation of Mountain House, etc.
(b) In the event that the City Council desires to increase the amount of such fee, the following shall be done:
(1) Identify the purpose of the Fee;
(2) Identify the use to which the Fee is to be put;
(3) Determine how there is a reasonable relationship between the Fee’s use and the type of Development Project on which the Fee is imposed; and (4) Determine that there is a reasonable relationship between the need for the Capital Facility and the impacts caused by the type of Development Project on which the Fee is imposed. (c) In the event that the City Council desires to increase the amount of such fee, the City shall determine that there is a reasonable relationship between the amount of the Fee and the cost of the Capital Facility or portion of the Capital Facility attributable to the development on which the Fee is imposed as documented in the Nexus Report. (d) Upon receipt of funds from the City, derived through this Chapter, the County shall deposit, invest, account for, and expend the funds pursuant to California Government Code Section 66006.
9-12-606 Annual Report—-Fee Refunds by County.
(a) The County shall report to the City Council once each fiscal year concerning the Fees and accounts, including any portions of Fees remaining unexpended or uncommitted five (5) or more years after deposit. The Board of Supervisors shall make findings once each fiscal year with respect to any portion of the Fee remaining unexpended or uncommitted in its account five (5) or more years after deposit of the Fee, to identify the purpose to which the Fee is put, and to demonstrate a reasonable relationship between the Fee and the purpose for which it was charged.
(b) A refund of unexpended or uncommitted Fee revenue for which a need cannot be demonstrated, along with accrued interest may be made to the current owner(s) of the
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development project(s) by the County on a prorated basis. The County may refund unexpended and uncommitted Fee revenue that have been found by the Board of Supervisors to be no longer needed, by direct payment or by off-setting other obligations owed to the County by the current owner(s) of the Development Projects(s).
(c) If the administrative costs of refunding unexpended and uncommitted revenues collected pursuant to this Section exceed the amount to be refunded, County, after a public hearing, for which notice has been published pursuant to Government Code Section 6061 and posted in three prominent places within the area of the Development Project, may determine that the revenues shall be allocated for some other purpose for which the Fee is collected subject to this Title that serves the project on which the Fee was originally imposed. 9-12-607 Fee Payment.
(a) Prior to the issuance of any building permit, the applicant shall pay to the City the Fee as established by resolution of the Board of Supervisors or the City Council, as the case may be pursuant to Section 9-12-605.
(b) The Fee shall be determined by the Fee schedule in effect on the date the vesting tentative map or vesting parcel map is approved, or the date a permit is issued. (c) If a development has multiple types of uses, the Fee will be collected proportionately on each use.
(d) When application is made for a new building permit following the expiration of a previously issued building permit for which the Fee was paid, the Fee payment shall not be required, unless the Fee schedule has been amended during the interim, in this event, the appropriate increase or decrease shall be imposed.
(e) In the event that subsequent development occurs with respect to property for which the Fee has been paid, an additional Fee shall be required only for additional square footage of development that was not included in computing the prior Fee. (f) When a Fee is paid for a Development Project and that project is subsequently reduced so that it is entitled to a lower Fee, the County shall issue a partial refund of the Fee. (g) When a Fee is paid for a Development Project and the project is subsequently abandoned without any further action beyond the obtaining of a building permit the payor shall be entitled to a refund of the Fee paid, less the administrative portion of the Fee. (h) If, following payment of the fee, a development is converted to a more intense use, a Fee shall be required which shall be the difference between the Fee paid and the current Fee for the more intense use.
9-12-608 County Facilities Fee Accounts.
(a) The County shall hold Fee revenues collected under this ordinance in a separate County Facility Fee account. Fee revenues accruing in this account shall be remitted quarterly to the County of San Joaquin to be expended for the purpose for which they were collected. (b) The County shall account for all Fee revenues, including interest accrued, and allocate them for the purposes for which the original Fee was imposed. 9-12-609 Exemptions.
No Fee may be applied to building permits obtained solely for purposes of reconstruction of any residential, commercial, or industrial structure that is damaged or destroyed as a result of a natural disaster as declared by the Governor.
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9-12-610 County Facilities Fee Program.
(a) The County has adopted a County Facilities Fee Nexus Report that indicates the approximate location, size, time of availability, and estimates of costs for region-serving Capital Facilities or improvements to be financed with County Facilities Fee funds. (b) The County shall annually submit a report to the City Council regarding the proposed uses of County Facilities Fee funding.
(c) The County Facilities Fee schedule established by Resolution of the Board of Supervisors or the City Council, as the case may be pursuant to Section 9-12-605, shall annually be automatically adjusted by an amount determined by the increase in the Engineering Construction Cost Index for the previous year, as published by the Engineering News Record.
The County shall provide the City with notice and documentation of the fee adjustments required, if any.
(d) The County Facilities Fee schedule adopted by the Board of Supervisors or the City Council, as the case may be pursuant to Section 9-12-605, shall be annually reviewed by the City for consistency with the County Facilities Fee Nexus Report, as it may be updated from time-to-time.
9-12-611 Construction.
The Chapter and any subsequent amendment to the County Facilities Fee Program shall be read together. With respect to any County Facilities Fee enacted by resolution under this Chapter, any provision of such a County Facilities Fee which is in conflict with this Chapter shall be void.
9-12-612 Fee Adjustments or Waiver.
A developer of any project subject to the Fee described in this Chapter may apply to the City Council for an adjustment to that Fee, based upon the absence of any reasonable relationship or nexus between the impacts of the development and either the amount of the Fee charged or the type of facilities to be financed. The application shall be made in writing and filed with the City Clerk: (1) ten days prior to the public hearing on the development permit application for the project, or (2) if no development permit is required, at the time of the filing of the request for a building permit. The application shall state in detail the factual basis for the claim of waiver, reduction, or adjustment. The City Council shall consider the application at a public hearing held within sixty (60) days after the filing of the Fee adjustment application. City staff shall prepare a report and recommendation for City Council consideration. The decision of the City Council shall be final. If a reduction, adjustment, or waiver is granted, any change in use within the project shall invalidate the waiver, adjustment, or reduction of the Fee. If adjustment is granted, any change in the proposed use of the applicable development project prior to issuance of a certificate of occupancy shall invalidate the adjustment of the Fee and payment of the Fee shall be made prior to issuance of certificate of occupancy.
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DIVISION 13. DEVELOPMENT AGREEMENT REGULATIONS
CHAPTER 1. DEVELOPMENT AGREEMENT REGULATIONS: INTENT AND
ORGANIZATION
9-13-101 Title and Intent.
Division 13 constitutes the Development Agreement Regulations. The intent of this Division is to prescribe regulations for entering into and implementing Development Agreements.
CHAPTER 2. ADOPTION OF DEVELOPMENT AGREEMENTS
9-13-201 Intent.
The intent of this Chapter is to specify the contents of a Development Agreement and the process for its adoption.
9-13-202 Parties to the Agreement.
The City may enter into a Development Agreement, pursuant to the California Government Code, with any person having a legal or equitable interest in real property located within the City.
9-13-203 Mandatory Contents.
A Development Agreement shall specify the following:
(a) The duration of the agreement;
(b) The permitted uses of the property;
(c) The density or intensity of use;
(d) The maximum height and size of buildings;
(e) Provisions for reservation or dedication of land for public purposes; and (f) The property that is subject to the agreement.
9-13-204 Optional Contents.
A Development Agreement may contain the following:
(a) Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, or requirements shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement;
(b) A date upon which construction must commence and a date when the project or any phase of the project must be complete;
(c) Terms and conditions relating to the applicant financing necessary public facilities with or without subsequent reimbursement over time;
(d) Restrictions on the assignability of the agreement by the applicant and, if assignable, provisions ensuring that the successor in interest assumes the obligations under the agreement;
(e) Provisions for minor modification of the Development Agreement; and (f) Other terms and conditions related to the proposed project which are mutually agreeable to the parties.
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9-13-205 Review Procedures.
The review procedure for a Development Agreement shall be the Public Hearing Review Procedure as set forth in Chapter 5 of Division 2, with the following modifications:
(a) Planning Commission Review. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval or denial of the Development Agreement to the City Council.
(b) Decision by City Council. Final action on the Development Agreement shall be taken by the City Council at a Public Hearing.
9-13-206 Findings.
Prior to approving a Development Agreement, the Review Authority shall find that all of the following are true:
(a) Consistency. The provisions of the Development Agreement are consistent with the General Plan and any applicable Master Plan, Public Financing Plan, Specific Plan, and Special Purpose Plan for the area; and
(b) Development Title. The proposed development complies with all provisions of this Title.
9-13-207 Recordation.
No later than ten (10) days after the final approval of a Development Agreement, the City Clerk shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto.
CHAPTER 3. IMPLEMENTATION OF DEVELOPMENT AGREEMENTS
9-13-301 Intent.
The intent of this Chapter is to describe the legal effect of a Development Agreement and to prescribe how the agreement is monitored, modified, and canceled. 9-13-302 Enforcement.
Unless amended or canceled pursuant to Section 9-13-305 and except as provided in Section 9-13-306, a Development Agreement shall be enforceable by any party thereto notwithstanding any change in any applicable General Plan, Specific Plan, Special Purpose Plan, zoning, subdivision, or building regulation adopted by the City which alters or amends the rules, regulations, or policies specified in Section 9-13-303. 9-13-303 Rules, Regulations, and Official Policies.
(a) Laws in Effect. Unless otherwise provided by the Development Agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement. (b) Subsequent Actions. A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property as set forth herein, nor shall a Development Agreement prevent the City from denying or conditionally
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approving any subsequent development project application on the basis of such new rules, regulations, and policies.
(c) Emergency Situations. The City may suspend the issuance of building permits for the development project after a noticed hearing if it finds in good faith that a clear and present emergency situation requires the suspension.
9-13-304 Periodic Review.
(a) Frequency of Review. The Director of the Community Development Department shall cause the Development Agreement to be reviewed annually on the anniversary date of its adoption. A more frequent review may be undertaken at the direction of the Planning Commission or City Council.
(b) Good Faith Compliance. The applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement as part of the review. (c) Termination or Modification. If the City finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the City may terminate or modify the agreement.
(1) Action to terminate or modify the agreement may be initiated only by the Planning Commission or the City Council; and
(2) No action to terminate or modify the agreement shall be taken without the Public Hearing Review Procedure in Chapter 5 of Division 2.
(d) Payment of Periodic Review. The cost of the annual review of the Development Agreement shall be paid for by the party (or the party’s successor in interest) who entered into the Development Agreement with the City. The payment shall cover the actual cost to the City of conducting said annual review, including employee salaries and benefits, overhead, and materials.
9-13-305 Amendment or Cancellation.
A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. An agreement shall be amended or canceled using the same process as was used for its adoption. 9-13-306 State and Federal Laws.
(a) Modification or Suspension. In the event that state or federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one (1) or more of the provisions of the Development Agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.
(b) City Action. Any action pursuant to this Section shall be taken by the City Council at a Public Hearing, in accordance with the Public Hearing Review Procedure in Chapter 5 of Division 2.
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DIVISION 14. GRADING AND EXCAVATION PROVISIONS
CHAPTER 1. GRADING AND EXCAVATION PROVISIONS: INTENT AND
ORGANIZATION
9-14-101 Title and Intent.
Division 14 constitutes the Grading and Excavation Provisions. The intent of this Division is to provide standards for grading and excavations on private property for agricultural leveling, quarry mining, and grading related to development within the City.
CHAPTER 2. GRADING AND EXCAVATION REQUIREMENTS
9-14-201 Intent.
The intent of this Chapter is to regulate grading and excavations related to development projects.
9-14-202 Grading or Excavation Permit Required.
Except for the specific exemptions listed hereinafter, no person shall do, or permit to be done, any grading or excavation without a valid grading permit obtained from the Building Inspection Division.
9-14-203 Exemptions.
The following grading may be done without obtaining a grading permit as required by this Title. Exemption from the requirement of a grading permit shall not be deemed to be permission to violate any provision of this Title.
(a) Minor projects which have cuts or fills, and which meet all of the following:
(1) Involve the removal, plowing under, or burial of less than ten thousand (10,000) square feet of vegetation on slopes eight percent (8%) or greater, or any amount of vegetation on slopes less than eight percent (8%);
(2) Do not create unstable or erodible slopes;
(3) Do not encroach onto sewage disposal systems or areas; (4) The cut is either:
(A) Less than two (2) feet in depth, or
(B) The cut does not create a slope greater than five (5) feet in height and steeper than one and one-half (1½) horizontal to one (1) vertical.
(5) The fill is either:
(A) Less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or
(B) Less than three (3) feet in depth, not intended to support structures, which does not exceed fifty (50) cubic yards on any one (1) lot and does not obstruct a drainage course. (b) Excavations in connection with a swimming pool or structural foundation authorized by a valid building permit.
(c) Trenching and grading incidental to the construction or installation of permitted underground pipe lines, underground storage tanks, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for permitted wells or post holes.
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(d) Excavations less than one hundred fifty (150) cubic yards for soil or geological investigations by a Geotechnical Engineer or Engineering Geologist. (e) Grading in accordance with the plan incorporated in an approved Use Permit for a sanitary landfill per Section 9-8-1001, Use Permits.
(f) Excavations for drainage or sedimentation ponds that are included as portions of other ministerial or discretionary development projects under the provisions of this Title. (g) Grading or excavations within City rights-of-way or easements for which an encroachment permit has been issued under provisions of Section 9-11-402. (h) Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition. Routine cemetery excavations and fills. (i) Performance of emergency work necessary to protect life or property when an urgent necessity arises. The person performing such emergency work shall notify the Building Official promptly of the problem and work required and shall apply for a permit within ten (10) calendar days after commencing said work.
(j) Other exceptions as provided in appendix Chapter 70 of the Uniform Building Code.
9-14-204 General Requirements.
Except as modified by this Chapter, Chapter 70 of the Uniform Building Code as adopted by reference by the City Council shall govern grading and excavation operations with the following exceptions:
(a) Sites developed adjacent to undeveloped property shall establish perimeter grades no lower than the adjacent land, and no more than one (1) foot higher, unless accommodated within a landscaped area. Slopes within these areas shall not exceed three to one (3:1) horizontal to vertical.
(b) Perimeter grades adjacent to developed properties shall match the adjacent grade, plus or minus one-half (½) foot, unless occurring within a landscaped area. (c) Residential lots shall be graded so that the finished floor elevation is at least twelve (12) inches above the street curb.
(d) Grading associated with arterial streets shall comply with the following standards:
(1) Curb grades shall be established six (6) to twelve (12) inches below the finished grade at the right-of-way line;
(2) Roadway median strips shall be graded with a crown height six (6) to twelve (12) inches above the curb, for a typical fourteen (14) foot wide median. 9-14-205 Removal from Site.
Except as specifically provided for by one of the following, no person shall do, or permit to be done, any grading in such a manner that any quantities of dirt, soil, rock, gravel, or sand is removed from the site:
(a) Reserved.
(b) Reserved.
(c) Removal when done with an approved Use Permit for a sanitary landfill per Chapter 10 of Division 8, Use Permits.
(d) Removal of material related to situations listed under Section 9-14-203, Exemptions.
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(e) Removal from a development project of incidental excess material during site grading that is done with an approved grading or building permit. (f) Removal, by governmental agency, of material donated to the governmental agency for use in governmental projects; material must have been previously stockpiled for a minimum period of eighteen (18) months. Removal shall be subject to Site Approval. (g) Grading done by or under the supervision or construction control of a public agency of an excavation within that agency’s boundaries. The agency shall assume full responsibility for ensuring that the work is done in compliance with this Title, the San Joaquin Valley Unified Air Pollution Control District’s Regulation VIII (Fugitive Dust Prohibitions), and the Surface Mining and Reclamation Act. Excess soil material must be used solely for projects owned or controlled by the public agency and which are within the agency’s boundary and within the City of Mountain House.
9-14-206 Water Obstruction.
No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of stormwaters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels, or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition, or cause accelerated erosion except where said grading is in accordance with all applicable laws, including, but not limited to, these permit requirements. 9-14-207 Levee Work.
No person shall excavate or remove any material from or otherwise alter any levee required for any waterway, water body, or local drainage control without prior approval of the agency responsible for the maintenance of the levee.
9-14-208 Administration.
This Chapter shall be administered by the Director. In subdivisions, the grading plans shall be approved by the Department of Public Works. The rough and finish grading of the lots will be inspected by the Department of Public Works. For development projects that require a discretionary permit, the grading permit will not be issued until the discretionary permit is approved.
9-14-209 Grading Adjacent to Watercourses.
The following grading requirements shall be applicable to grading operations along the watercourses and watercourse types identified below:
(a) Old River.
(1) Prior to any grading operations adjacent to Old River, all habitats to be either preserved or salvaged shall be delineated by an ecologist and staked with easily observable flagging.
(2) Grading operations shall be conducted so that soil does not spill into Old River. (b) Marshes and Wetlands.
(1) Grading operations shall be conducted so that soil does not spill into existing marshes, fill existing wetlands, restrict flooding of the habitat or reduce water quality.
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(2) During grading, a berm may be left between the existing marsh and the construction area. Said berm shall be removed in the last stages of construction. Alternatively, the overburden may be removed from the wetland edge backwards towards the uplands to create the marsh.
CHAPTER 3. RESERVED
CHAPTER 4. RESERVED
DIVISION 15. NATURAL RESOURCES REGULATIONS
CHAPTER 1. NATURAL RESOURCES REGULATIONS: INTENT AND
ORGANIZATION
9-15-101 Title and Intent.
Division 15 constitutes the Natural Resources Regulations. The intent of this Division is to prescribe regulations for the protection, conservation, and/or managed use of specified natural resources.
CHAPTER 2. TREES
9-15-201 Intent.
The intent of this Chapter is to preserve the City’s tree resources. 9-15-202 Applicability.
The provisions of this chapter shall apply to all development projects requiring discretionary approval which have Native Oak Trees, Heritage Oak Trees, or Historical Trees on the property.
9-15-203 Removal Requirements.
The removal of a Native Oak Tree, Heritage Oak Tree, or Historical Tree shall require an approved Improvement Plan application, as specified in Chapter 28 of Division 8 of this Title, and shall be subject to the provisions of this Chapter, unless exempted by Sections 9-1505.8 or 9- 1505.9.
(a) Heritage Oak Tree, Historical Tree. The removal of a Heritage Oak or Historical Tree shall not be permitted unless the Review Authority finds that one or more of the following situations exists:
(1) That the removal is in the public interest;
(2) That the tree interferes with an existing structure, utility service, or road, and no reasonable alternative exists to correct the interference other than removal of the tree; (3) That removal is necessitated because the tree is endangering another plant in the area with infection or infestation;
(4) The removal is necessitated because the tree interferes with the maintenance of flood control facilities.
Replacement of any tree removed under this subsection shall be as specified in Section 9- 15-204.
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(b) Native Oak Tree. Removal of a Native Oak Tree shall be permitted subject to an approved Improvement Plan application processed by Staff Review procedure. Replacement of any tree removed under this subsection shall be as specified in Section 9-15-204. 9-15-204 Replacement.
Trees removed under the provisions of this Chapter shall be replaced subject to the following requirements:
(a) Replacement Stock. Replacement stock shall be of healthy commercial nursery stock or acorns, of the species removed or other approved species, and shall be established and maintained for at least three (3) years.
(b) Location. Replacement trees shall be planted as near as possible to the location of the removed tree or in an alternative location acceptable to the Review Authority. (c) Timing. Replacement stock shall be planted between October 1 and December 31, and no later than twelve (12) months after the date of tree removal. (d) Number and Maintenance of Replacement Trees. The number and maintenance of replacement stock shall be as follows:
(1) Each Heritage Oak Tree or Historical Tree that has been removed under the provisions of Section 9-15-203(a) shall be replaced with five (5) trees or acorns, or combination thereof.
(2) Each Native Oak Tree that has been removed under the provisions of Section 9- 15-203(b) shall be replaced with three (3) trees or acorns, or combination thereof. (3) The applicant shall be required to demonstrate to the satisfaction of the Review Authority that replacement stock will be planted and maintained in such a manner as to ensure that the survival of said stock at the end of a three (3) year period commencing from the date of planting.
(e) Replanting Security. The Review Authority may require, as a Condition of Approval, the applicant to provide a performance bond or other financial security to replant any replacement tree found not to be alive at the end of the required three (3) year maintenance period. The form of the bond or other financial security shall be found acceptable by the City Attorney and the amount shall be sufficient to cover the City’s cost to replant said trees. The Director shall, upon written request of the applicant at the end of the maintenance period, determine the health of the replacement trees and release the security, in the event that all replacement trees are alive. In the event that the replacement trees are not alive, the Director shall use all or part of the security to replant said trees. The applicant may be required to provide additional security to ensure maintenance of said trees for an ensuing three (3) year maintenance period.
9-15-205 Development Constraints.
To protect and preserve Heritage Oak Trees, Historical Trees, and Native Oak Trees from development and construction activity, the following standards shall be applicable unless otherwise specified:
(a) Grade Changes. Grade changes near or within the dripline of said trees shall comply with the following restrictions:
(1) No grade changes shall occur within six (6) feet of the trunk of the tree. (2) No grade changes shall occur that entail removing or adding more than six (6) inches of soil in the protected zone of the tree.
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(3) Extensive cuts or fills that are necessary beyond the protected zone shall have adequate drainage to mitigate adverse effects caused by changes in grade elevation. (4) Any grade changes within the protected zone of the tree shall be accomplished so as to prevent soil compaction and injury to or removal of the tree’s roots. (b) Fencing. Before grading operations may commence, a minimum five (5) foot high chain link fence or other comparable protective fencing shall be installed at the outermost edge of the protected zone of each tree or group of trees. Fencing, however, to protect trees on slops that will not be graded is not required.
(1) Fences shall remain in place throughout the entire construction period. (2) No material, machinery, or objects of any kind may be stored within the fenced area.
(c) Trenching. No trenching whatsoever shall be allowed within the protected zone of subject trees. If underground utility lines must be installed within the protected zone, the conduit shall be installed by boring or drilling through the soil. (d) Retaining Walls. In cases where retaining walls are required within the protected zone of the tree, the property owner shall complete said improvement before the completion of grading operations and before commencement of any construction. (e) Paving. Paving within the dripline of affected trees shall be stringently minimized. If paving is necessary, porous materials such as gravel, loose boulders, and cobbles, brick with sand joints, wood chips, or bark mulch shall be used. (f) Exceptions. The Development Constraints in this section shall not apply to normal agricultural practices.
9-15-206 Landscaping.
Unless otherwise specified, landscaping beneath Heritage Oak Trees, Historical Trees, and Native Oak Trees shall be subject to the following requirements:
(a) Nonplant Materials. Nonplant materials such as loose boulders and cobbles, wood chips, or similar materials, may be used under trees. (b) Permitted Plants. Only plant species that are tolerant of the natural semi-arid environment of said trees, or the natural environment of Historical Trees, whichever is applicable, shall be permitted under trees.
(c) Nonplanting Areas. No plants or lawn shall be planted within a ten (10) foot radius of the trunk of any subject tree. Only nonplant materials shall be used within said area. (d) Irrigation Systems. Permanent irrigation systems within the protective zone of subject trees shall be limited to bubbler, drip, or subterranean systems only. No irrigation system shall be allowed within a ten (10) foot radius of the trunk of a subject tree. (e) Exceptions. The Landscaping Requirements in this section shall not apply to normal agricultural practices.
9-15-207 Expert Opinion.
The Review Authority may require the opinion of an individual with special expertise in the care and maintenance of Native Oak Trees, Historical Trees, or Heritage Oak Trees in any of its deliberations concerning said trees. The Review Authority shall require the applicant to pay for the cost of obtaining the services of such an individual.
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9-15-208 General Exemptions.
The provisions of this Chapter shall not apply to:
(a) Cases of emergency requiring the immediate removal of said trees for the safety of structures or human life, as determined by the Director of the Community Development Department, the Director of Public Works, the Director of Parks and Recreation, or the Chief of the applicable fire district.
(b) Removals by a public utility that are necessary to protect electric power or communication lines or other property owned by said public utility. (c) Removals required for the repair and maintenance of existing roads, flood control facilities, and/or other public facilities. Where flood channels consist of all or portions of natural waterways, the portion to be exempted shall be limited to the watercourses and such portions of the adjacent land area between the levees required to discharge the 100-year flood. (d) Removals required by other codes, ordinances, or laws of the City of Mountain House, the State of California, or the United States.
(e) Trees that are dead or diseased.
9-15-209 Existing Lot Exemptions.
The prohibition against the removal of Native Oak Trees specified in Section 9-15-203(b) shall not apply to:
(a) Existing lots containing less than ten thousand (10,000) square feet and an existing residential use; and
(b) Existing lots containing less than one (1) acre and an existing commercial or industrial use.
CHAPTER 3. RIPARIAN HABITAT
9-15-301 Intent.
The intent of this Chapter is to preserve the City’s riparian habitat. 9-15-302 Applicability.
The requirement of this Chapter shall apply to all development projects requiring discretionary approval.
9-15-303 Determinations Needed for Proposed Loss.
An action that in the opinion of the Review Authority has the potential to destroy, eliminate, or degrade riparian habitats shall not be permitted, unless the Review Authority determines that all of the following are true:
(a) Public Interest. The potential loss is in the public interest. (b) Riparian Habitat Mitigation. Potential destruction, elimination, or degradation of the riparian habitat would be mitigated through a Riparian Habitat Mitigation Plan that shall be part of the conditions of approval.
9-15-304 Riparian Habitat Mitigation Plan.
The Riparian Habitat Mitigation Plan shall include a plan to protect existing riparian habitat or a plan to replace, preserve, or develop new habitat, or a combination thereof. The Plan shall be prepared by a qualified biologist and shall be subject to the following provisions:
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(a) On-Site Riparian Habitat. The Plan shall show the location and extent of existing riparian habitat on the site of the proposed project and shall indicate the riparian habitat that may be destroyed, eliminated, or degraded as a result of the project as well as the riparian habitat that is to be retained and protected, with methods for ensuring protection. (b) Mitigation Sites. The Plan shall indicate sites that are to be developed or preserved to serve as mitigation for loss of riparian habitat as a result of the proposed project. To the extent practicable, mitigation sites shall be in City of Mountain House and shall assist in the maintenance of riparian corridors.
(c) Contribution to Existing Off-Site Habitat Site. In lieu of establishing and maintaining riparian habitat on-site of the proposed development, the applicant may contribute to the acquisition and maintenance of an existing off-site riparian habitat area or contribute to the establishment and maintenance of a new riparian habitat area. The amount of the contribution shall be based on the cost of establishing and maintaining replacement habitat for a five (5) year period on-site.
(d) Replacement Vegetation. Vegetation planted to mitigate the loss of riparian habitat shall generally be native vegetation. The size of the area of replacement vegetation shall be at least two (2) times the size of the area that is to be destroyed, eliminated, or degraded. (e) Maintenance. Provisions shall be made for maintaining replacement vegetation for five (5) years.
(f) Conservation Easement. Assurance of habitat preservation shall be by conservation easement or other acceptable methods.
9-15-305 Natural Bank Buffer.
Parallel to any natural bank of a waterway, a natural open space for riparian habitat and waterway protection shall be maintained to provide nesting and foraging habitat and the protection of waterway quality. The minimum width of said open space shall be one hundred (100) feet, measured from the mean high water level of the natural bank or fifty (50) feet back from the existing riparian habitat, whichever is greater. Water-dependent uses may be permitted in this buffer.
CHAPTER 4. MINERAL RESOURCES PROTECTION
9-15-401 Intent.
The intent of this Chapter is to provide regulations to protect mineral resources that are shown as Open Space/Resource Conservation on the General Plan 2010 Map from urban development or encroachment and to manage the production of such mineral resources in an environmentally sound manner.
9-15-402 Development Requirements.
For extractive projects and nonextractive projects/activities which are proposed in areas of significant sand and gravel deposits that are designated Resource Conservation on the General Plan Map, the following requirements shall apply:
(a) Extractive Projects. For an extractive project, the applicant shall file an application for a Quarry Excavation Permit.
(b) Nonextractive Projects. For a nonextractive project/activity, such as a residential unit, which is proposed in an area of significant sand and gravel deposits, as determined by the
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State Mining and Geology Board or by the City, but which is not associated with the extraction of said resource, the applicant shall file a Site Approval application, as specified in Chapter 9 of Division 8, unless a discretionary permit of an equivalent or higher order is required for said project by this title.
(c) Prohibitions. The following projects shall not be permitted. (1) Nonextractive projects that require significant capital investment in facilities and structures; and
(2) Extractive projects that would have irreversible, deleterious environmental effects that cannot be mitigated.
DIVISION 16. SAFETY REGULATIONS
CHAPTER 1. SAFETY REGULATIONS: INTENT AND ORGANIZATION
9-16-101 Title and Intent.
Division 16 constitutes the Safety Regulations. The intent of this Division is to prescribe safety regulations for projects undertaken pursuant to this Title.
CHAPTER 2. FLOOD HAZARDS
9-16-201 General Provisions.
(a) Statutory Authorization. The legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon City of Mountain House authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of City of Mountain House does hereby adopt the following floodplain management regulations.
(b) Findings of Fact.
(1) The flood hazard areas of City of Mountain House are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
(2) These flood losses are caused by uses that are inadequately elevated, floodproofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards that increase flood heights and velocities also contribute to the flood loss. (c) Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
(1) Protect human life and health;
(2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the deed for rescue and relief efforts associated with flooding and generally undertaken at the expense of public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;
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(6) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future blighted areas caused by flood damage; (7) Ensure that potential buyers are notified that property is in area of special flood hazard; and
(8) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
9-16-202 Areas of Special Flood Hazard.
This Chapter shall apply to all areas of special flood hazard within the jurisdiction of the City of Mountain House. The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administrator are those areas indicated in a scientific and engineering report entitled “Flood Insurance Study (FIS) for County of San Joaquin, November 1979,” as amended, and shown on the accompanying Flood Insurance Rate Maps (FIRMs) as Zones A, AO, AE, A99, or AH, or on the Flood Boundary and Floodway Maps (FBFMs) as floodways, and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this Chapter. This FIS and attendant mapping is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to City of Mountain House by the Floodplain Administrator. The FIS, FIRMs and FBFMs are on file at the office of the City of Mountain House Department of Public Works. 9-16-203 Floodplain Administrator.
The Flood Control Engineer shall be designated as Floodplain Administrator and appointed to administer and implement this Chapter. The duties and responsibilities of the Floodplain Administrator shall include, but not necessarily be limited to, the following:
(a) Permit Review. The Floodplain Administrator shall review all development permits to determine that:
(1) The permit requirements of this Chapter have been met; (2) All other required local, state, and federal permits have been obtained; (3) The site is reasonably safe from flooding.
The proposed development does not adversely affect the carrying capacity of areas where base flood elevations have been determined but a floodway has not been designated. For purposes of this ordinance, “adversely affects” means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will increase the water surface elevation of the base flood more than one (1) foot at any point. (b) Use of Other Base Flood Data. When one hundred (100) year flood elevation data has not been provided or is inadequate in the Floodplain Administrator’s opinion, the Floodplain Administrator shall obtain, review, and reasonably utilize any hundred (100) year flood elevation and floodway data available from federal, state, or other sources that he or she c the best available information.
(c) Notification. Whenever a major watercourse is to be altered or relocated, the flood carrying capacity of the major watercourse shall be maintained. The Floodplain Administrator shall notify adjacent communities and the California Department of Water Resources prior to the significant alteration or relocation of a major watercourse. The Floodplain Administrator shall submit evidence of said notification to the Federal Insurance Administration.
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(d) Certifications. The Floodplain Administrator shall obtain and maintain for public inspection and make available the certifications required in Section 9-16-212. (e) Boundary Interpretations. The Floodplain Administrator shall make interpretations where needed as to the exact location of the boundaries of the areas of special flood hazard.
(f) Determination Concerning Other Areas of Special Flood Hazard. The Floodplain Administrator shall determine, based on the best available information, those areas at risk of flooding and not identified by the Federal Emergency Management Agency or the Federal Insurance Administration, and shall consider these as areas of special flood hazard. (g) Violations. The Floodplain Administrator shall take action to remedy violations of this Chapter as provided in Chapter 2 of Division 19 of this Title. (h) Processing of Permits. The Floodplain Administrator shall perform the duties required for the processing of flood-related permits, including flood variances and appeals of the requirements of this Chapter.
(i) Reporting of Flood Variances. The Floodplain Administrator shall report any flood variances to the Federal Insurance Administration upon request. (j) Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the City of Mountain House, any officer or employee thereof, the State of California, or the Federal Insurance Administration, Federal Emergency Management Agency, for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made hereunder. (k) Requirement to Submit New Technical Data. A community’s base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the National Flood Insurance Program Administrator of the changes by submitting technical or scientific data in accordance with this part. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data.
9-16-204 Application Requirements for Permits.
An application for any permit to develop within an area of special flood hazard shall include information considered to be necessary by the Floodplain Administrator to determine the potential flood hazard on the project site.
9-16-205 Special Permits Within Areas of Special Flood Hazard.
Within any area of special flood hazard, the following permits shall, where indicated, be obtained prior to the commencement of any construction or development:
(a) Floodplain Encroachment Permit. A Floodplain Encroachment Permit shall be required for any project that would alter a watercourse. (b) Use Permit. A Use Permit shall be required for any project that would alter the location of a floodway.
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9-16-205.1 Special Flood Protection Findings Required by State Law.
The City is an urban community as defined in the Government Code Section 65007.
Development approvals for projects in Mountain House shall require flood protection findings as specified in Government Code Sections 65865.5, 65962, and 66474.5. 9-16-206 Approval of Permits.
Prior to approving an application for a permit to develop within a special flood hazard area, the Floodplain Administrator shall be provided with technical data to determine that the following are true:
(a) Flood Fringe. In flood fringe areas, the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the one hundred (100) year flood more than one (1) foot at any given point.
(b) Floodways. In floodways, the requirements of Section 9-16-216 have been met. (c) Watercourse Alteration. If the alteration of a watercourse or floodway is proposed, the proposed project will not reduce the flood-carrying capacity of said watercourse or floodway.
9-16-207 Flood Variance.
A Flood Variance may be granted in accordance with the provisions of Chapter 17 of Division 8 of this Title.
9-16-208 Reserved.
9-16-209 Appeals.
The Planning Commission shall hear and decide appeals from actions of the Floodplain Administrator when it is alleged there is error in any interpretation, decision, or determination made by the Floodplain Administrator in the administration of this Chapter. 9-16-210 Standards of Construction: Anchoring.
All new construction and substantial improvements to existing structures in areas of special flood hazard shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.
All mobile homes shall meet the anchoring standards of Section 9-16-215. 9-16-211 Standards of Construction: Materials and Methods.
Unless otherwise specified, construction within areas of special flood hazard shall comply with the following standards for materials and methods:
(a) Materials and Utility Equipment. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) Methods and Practices. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. (c) Equipment and Service Facilities. All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to
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prevent water from entering or accumulating within the components during conditions of flooding.
(d) Drainage. Within Flood Insurance Rate Map (FIRM) Zones AH or AO, adequate drainage paths around structures on slopes shall be required to guide flood waters around and away from proposed structures.
9-16-212 Standards of Construction: Elevation and Floodproofing.
Unless otherwise specified, the following standards of construction relative to elevation and flood proofing shall be complied with in areas subject to flooding:
(a) Lowest Floor Elevation: Areas of Special Flood Hazard. All new construction and substantial improvements of any structure in areas of special flood hazard shall have the lowest floor, including basement, elevated to at least one (1) foot above the one hundred (100) year flood elevation. Non-residential structures may meet the standards in Subsection (c) below.
Upon the completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor. Such certification shall be provided to the Floodplain Administrator.
(b) Lowest Floor Elevation: Zone A or AO. All new construction and substantial improvement of any structure in FIRM Zone A or AO shall have the lowest floor, including the basement, elevated at least one (1) foot higher than the depth number specified in feet on the FIRM measured from the highest adjacent grade, or at least two (2) feet if no depth number is specified. Nonresidential structures may meet the standards in Subsection (c) below. Upon completion of the structure the elevation of the lowest floor, including the basement, shall be certified by a registered civil engineer or licensed land surveyor. (c) Floodproofing: Non-Residential Construction. Non-residential construction shall either be elevated in conformance with Subsection (a) or Subsection (b) above or, in the alternative, together with attendant utility and sanitary facilities, shall:
(1) Be floodproofed so that at least one (1) foot above the one hundred (100) year flood level, the structure is watertight with walls substantially impermeable to the passage of water;
(2) Have structural components impermeable to the passage of water; (3) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(4) Be certified by a registered civil engineer or registered architect as having satisfied the standards of this subsection. Such certification shall be provided to the Floodplain Administrator.
(d) Construction in Enclosed Areas Below Lowest Floor Level. In all new construction and substantial improvements to existing structures in areas of special flood hazard, enclosed areas below the lowest floor, which are used solely for parking of vehicles, building access or storage in an area other than a basement, and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement shall be certified by a registered civil engineer or a registered architect. As an alternative, said designs may either have a minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding, or be certified to comply with the City’s floodproofing standard that has been approved by the Federal Insurance Administration. Said certification shall be provided to the building official. Any openings shown in said design shall
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have the bottom of such openings no higher than one (1) foot above grade. Openings may be equipped with screens, louvers, valves, or other louverings, or devices that permit automatic entry and exit of flood waters.
(e) Mobile Homes and Recreational Vehicles. Mobile homes and recreational vehicles shall meet the standards in Section 9-16-215.
(f) Accessory Buildings. Nonhabitable buildings accessory to agriculture or accessory to residential use may be constructed at ground level without a flood variance. Permit applications for Accessory Structures will be reviewed on a case-by-case basis by the Floodplain Administrator for compliance with applicable FEMA Technical Bulletins. (1) The applicant shall provide evidence of recordation of a written notice that states that the accessory building is constructed with the lowest floor elevation below the regulatory flood elevation, is not for habitable use and can be used solely for parking or limited storage.
Further, the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be recorded with the office of the City of Mountain House Recorder in such a manner to make it appear in the chain of title of the affected parcel of land. For the purposes of this Section, accessory buildings shall not include buildings used for commercial or industrial purposes.
(g) Aircraft Hangars. Aircraft hangars in FIRM Zone AO at the Stockton Metropolitan Airport may be constructed in compliance with Variance VR-01-2. 9-16-213 Flood Hazard Reduction: Utilities.
Utility systems shall comply with the following flood hazard reduction standards:
(a) Water and Sanitary Sewage Systems. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from systems into flood waters. (b) Waste Disposal Systems. Waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 9-16-214 Flood Hazard Reduction: Subdivisions.
(a) All preliminary subdivision proposals shall identify the special flood hazard area and the elevation of the base flood.
(b) All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the site is filled above the base flood elevation, the lowest floor and pad elevation shall be certified by a registered professional engineer or surveyor and provided to the Floodplain Administrator.
(c) All subdivision proposals shall be consistent with the need to minimize flood damage.
(d) All subdivisions proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
9-16-215 Flood Hazard Reduction: Mobile Homes and Recreational Vehicles.
Mobile homes and recreational vehicles shall be subject to the following flood hazard reduction standards:
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(a) Single-Wide Mobile Homes. Single-wide mobile homes without expandos may be placed in an existing mobile home park in a floodway under the following circumstances:
(1) The mobile home is replacing a mobile home which was in the space within the previous twelve (12) months;
(2) The mobile home park property has been posted to conspicuously display the one hundred (100) year flood elevation;
(3) A bond has been posted for possible damage caused to other property through negligence on the part of the park owner during a flood event. This requirement may be waived by the Floodplain Administrator if it can be shown that the park has other liability protection. (b) Installation Permits. Installation permits shall be issued by the State Department of Housing and Community Development (HCD) only after all conditions in Subsection (a) of this Section have been satisfied.
(c) Recreational Vehicles. Require that recreational vehicles placed on sites within zones A1-30, AH, and AE on the community’s FIRM either be on the site for fewer than one hundred eighty (180) consecutive days or be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions.
(d) Manufactured Home Floor Elevation.
(1) Manufactured homes that are placed or substantially improved within areas of special flood hazard shall have the lowest floor elevated at least one (1) foot above the base flood elevation on a permanent or a temporary foundation with the entire foundation support system at or above the base flood elevation or an engineered support system designed to withstand flood forces, on the following sites:
(A) Outside of a manufactured home park or subdivision; (B) In a new manufactured home park or subdivision;
(C) In an expansion to an existing manufactured home park or subdivision; or (D) In an existing manufactured home park or subdivision which has incurred substantial damage as the result of a flood.
(2) Manufactured homes that are placed or substantially improved within areas of special flood hazard on sites in an existing manufactured home park or subdivision that are not subject to the above provisions shall be elevated so that either:
(A) The lowest floor is elevated at least one (1) foot above the base flood elevation; or (B) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty-six (36) inches in height above grade and securely anchored in accordance with this Section. (e) Anchoring. Anchoring shall be to a permanent foundation system to resist flotation, collapse, or lateral movement.
9-16-216 Flood Hazard Reduction: Uses and Structures Within Floodways.
Uses and structures within floodways shall be subject to the following flood hazard reduction standards:
(a) Anchoring. All structures within floodways shall be constructed so as to remain in place during the one hundred (100) year flood.
(b) Obstruction of the Floodway. All structures shall be designed to allow free passage of flood waters and minimize catching of debris.
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(c) Extraction of Sand, Gravel, and Other Materials. There shall be no stockpiling of materials, products, or overburden which may create an obstruction to the passage of flood flows or increase the velocity or elevation of water within the floodway. (d) Drainage and Flood Control Development. Drainage and flood control development shall be subject to the following conditions:
(1) The net effect of any drainage or flood control structure, facility, channel, or other project or combination of projects placed or enlarged within a floodway shall be such that it does not increase the area, velocity, or elevation of flood waters within the floodway. (2) The governing agency having jurisdictional authority over new levee construction, levee modification, or levee maintenance shall condition the approval of said project so that no increase in the area, velocity, or elevation of flood waters within the floodway results.
(3) In the absence of any other governing agency with jurisdictional control, the Floodplain Administrator shall have jurisdictional control over projects falling within this Subsection.
(4) Notwithstanding the foregoing, existing levees which protect and delineate a floodway may be modified or maintained for the purpose of reducing the danger of flood damage to the lands or other property the levees are designed to protect. (e) Removal of Equipment and Stored Material. All moveable equipment and stored material shall be removed prior to a flood.
(f) Bridges Spanning a Floodway. Bridges spanning a floodway shall have the bottom of the lowest horizontal member three (3) feet or more above the one hundred (100) year flood elevation for major streams and two (2) feet or more above the one hundred (100) year flood elevation for minor streams as determined by the Floodplain Administrator. (g) Encroachments. Any encroachments, including fill, new construction, substantial improvements, and other development shall be prohibited unless certification is provided by a registered civil engineer demonstrating that encroachments will not result in any increase in flood levels during the occurrence of the one hundred (100) year flood discharge. 9-16-217 Prohibited Uses and Structures.
The following uses and structures shall be prohibited within areas of special flood hazard:
(a) Uses Prohibited Within Floodways. The following uses shall be prohibited within floodways:
(1) Storage of hazardous materials, including, but not limited to, pesticides, radioactive materials, explosives, and other materials which may be hazardous to life, limb, or property when inundated;
(2) Mobile homes and recreational vehicles not within parks with approved Evacuation Plans;
(3) Double-wide mobile homes or expando mobile homes;
(4) New cemeteries or expansion of existing cemeteries; (5) New sanitary landfills or expansion of existing sanitary landfills; (6) Water wells; and
(7) Sewage wastewater facilities.
(b) Structures Prohibited Within Floodways. All structures are prohibited within floodways, except that the structures listed below are allowed, if certification is provided by a registered civil engineer demonstrating that encroachments will not result in any increase in
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flood levels during the occurrence of the one hundred (100) year flood discharge and all other Floodplain Management provisions are satisfied.
(1) Pumps, siphons, and appurtenances;
(2) Fences, walls, signs, and other appurtenances;
(3) Public and private docks, wharves, piers, and boat launching ramps; (4) Marinas, including ramps, gas pumps or docks, and other structures which must be located on, above, or immediately adjacent to a watercourse, provided there is no alternative to location in a floodway;
(5) Pilings and other support structures;
(6) Railroads, pipelines, utility lines, and public improvements such as roads and streets; and
(7) Bridges.
(c) Uses and Structures Prohibited Within Flood Fringe Areas. The following uses and structures shall not be permitted within flood-fringe areas:
(1) New cemeteries;
(2) Solid waste disposal; and
(3) Hazardous waste facilities and other similar facilities. 9-16-218 Levees.
No fence without reasonable access openings at least twenty (20) feet in width shall be constructed nor shall any structure or pole be erected within ten (10) feet of the landside or waterside levee toe or within twenty-five (25) feet of the top of either bank of any natural or manmade stream without obtaining the approval of the Department of Public Works. Before granting approval, the Department shall find that the proposal will not interfere with periodic maintenance work being performed by public or private bodies. The decision of the Department of Public Works may be appealed to the Planning Commission.
DIVISION 17 SIGNS
CHAPTER 1 SIGN REGULATIONS
9-17-101 Purpose of Chapter.
The purpose of this chapter is to provide standards to regulate the size, height, design, quality of materials, construction, location, lighting, and maintenance of signs and sign structures not enclosed within a structure, in order to accomplish the following objectives:
(a) To bring harmony to the presentation of marketing, community, and public safety information in a wide variety of possible signage that safeguards life, health, and property values and preserves and enhances the character and aesthetics of the Mountain House community; (b) To provide guidance to applicants in integrating their proposed signage into the fabric of the built environment of the community, thereby encouraging signs that are well designed and pleasing in appearance;
(c) To provide a reasonable and comprehensive system of sign controls; (d) To provide fair and equal treatment of sign users;
(e) To provide maximum public convenience by properly directing people to various activities; and,
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(f) To promote public safety by providing that official traffic regulation devices are easily visible and free from nearby visual obstructions, including blinking signs, excessive number of signs, or signs resembling official traffic signs. 9-17-102 Definitions.
For the purposes of this chapter, the following definitions of signs, sign types, and related terms shall apply:
Abandoned Sign. “Abandoned sign” means any of the following: 1) a sign that is located on property that becomes vacant or unoccupied for a period of three (3) months; 2) a sign that advertises a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed; or 3) a sign that has not been maintained for a period in excess of 30 days following legal notice to the owner of the property and/or owner of the advertising display, or tenant on whose property the advertising display is located that the sign does not meet minimum maintenance standards, as determined by the Director.
Adopted Mountain House Planning Documents. “Adopted Mountain House planning documents” means the Master Plan, Specific Plan I, Specific Plan II, Specific Plan III, the Special Purpose Plans and Title 9, which have been adopted by the City of Mountain House.
Advertising Sign. “Advertising sign” means any sign that provides copy intended to attract customers to purchase a product or service.
Alteration. “Alteration” means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.
Animated or Moving Sign. “Animated or moving sign” means any sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement, excluding animated signs where time and temperature are indicated by electronic or mechanical means. Does not include Digital and/or Electronic Signs or Message Display signs.
Awning Sign. “Awning sign” means any sign copy or logo painted, printed, stenciled, sewn, or stained into the surface of an awning.
Banner, Flag, or Pennant. “Banner, flag or pennant” means any cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.
Beacon or Searchlight. “Beacon” or “Searchlight” means any ground-mounted source of illumination that is projected in any direction(s) and that is intended to attract attention for purposes of advertising any location(s), business(es) or product(s).
Bench Sign. “Bench sign” means copy painted on any portion of a bench.
Building Complex. “Building complex” means a development of two (2) or more buildings or tenants or uses that are intended to function in a joint manner regardless of sequence of buildout, that may be situated one (1) or more lots or parcels, and that may include, but are not limited to, shared parking facilities, reciprocal access, and common building design.
Business Identification Sign. “Business identification sign” means a sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.
Cabinet Sign. “Cabinet sign” means a sign mounted on a building that contains internal lighting or backlighting.
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Canopy Sign. Refer to “Marquee Sign.”
Changeable Copy Sign. “Changeable copy sign means a sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.
Clear-Vision Triangle. “Clear-vision triangle” means the required clear visibility area, unobstructed by any sign structure over three (3) feet in height, created by drawing an imaginary line between two points 30 feet back from where the curb lines of a corner lot intersect.
Community Amenity. “Community amenity” means a site, structure, feature, habitat, or point of interest, within Mountain House, of cultural, historical, archaeological, or paleontological importance or value to the community.
Community Gateway Sign. “Community gateway sign” means a monument sign or freestanding sign, owned by the MHCSD, and placed within the entry landscape area of the MHCSD’s right-of-way, identifying Mountain House as a distinct destination and serving as a major entry point or gateway into the community.
Directional Sign. “Directional sign” means a monument sign or freestanding sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a business complex, shopping center, or project area, where said sign is located; or a sign directing vehicular and/or pedestrian traffic to a business or use located off-site and not in a reasonable vicinity of said sign.
Double-Faced Sign. “Double-faced sign” means a sign constructed to display its message on the outer surfaces of two (2) identical and/or opposite parallel planes.
Freestanding Sign. “Freestanding sign” means any non-moveable sign not affixed to a building that is supported by one (1) or more uprights, braces, columns, or similar structural components placed on or into the ground, and that has a clearance from the ground of two (2) feet or less.
Freeway-Oriented Sign. “Freeway-oriented sign” means a sign that is designed to be viewed by occupants of vehicles traveling on Interstate 205 freeway that advertises businesses located within the Mountain House Business Park.
Garage Sale Sign. “Garage sale sign” means a sign with a message advertising the resale of personal property that has been used by the resident.
Illegal Sign. “Illegal sign” means a sign which includes any of the following: (1) a sign erected without first complying with all regulations in effect at the time of its construction or use; (2) a sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days; (3) a sign that was legally erected but which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display provided by the ordinance rendering the display conforming has expired, and conformance has not been accomplished; (4) a sign that was legally erected which later became nonconforming and then was damaged to the extent of 50 percent or more of its current replacement value; (5) a sign that is a danger to the public or is unsafe; (6) a sign that is a traffic hazard not created by relocation of streets or highways or by acts of the City Council; or, 7) a sign advertising a specific event in which five (5) days have elapsed since the occurrence of the event.
Logo. “Logo” means a distinctive organization or company signature, trademark, or symbol.
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Major Rehabilitation Work. “Major rehabilitation work” means adding more than fifty percent (50%) to the gross floor area of a building or buildings, or increasing the exterior redesign of any façade by more than 50 percent.
Marquee Sign. “Marquee sign” means a sign which is attached to or otherwise made a part of a permanent roof-like structure which projects beyond the building wall in the form of a large canopy to provide protection from the weather.
Monument Sign. “Monument sign” means a non-moveable sign not affixed to a building that is constructed flush with the ground and that provides advertising/information regarding specific land uses, except for single family dwellings, duplexes, and triplexes.
Mountain House Design Manuals. “Mountain House design manuals” means the Single-Family Residential Design Manual, the College Park at Mountain House Specific Plan III Residential Design Guidelines for Potential Housing Prototypes, the Multi-Family Development Design Manual, the Commercial, Office & Industrial Design Manual, the Mountain House Business Park Commercial, Office & Industrial Design Manual, and the Mountain House Community Services District Design Manual.
Moving Display/Flashing Sign. “Moving display/flashing sign” means a sign that uses blinking, flashing, or intermittent illumination that has at least one (1) change in a 24-hour period, has light reflectors, or has moving or reflective characters or materials, and that may feature electronic message boards.
Nameplate. “Nameplate” means a small sign or plaque identifying the name and/or address of the occupant of a structure or business.
Nonconforming Sign. “Nonconforming sign” means a sign that was validly installed under the ordinances in effect at the time, but which later becomes nonconforming as to size or location either by reason of this Chapter or its amendment or by its operation.
On-Premises Sign. “On-premises sign or on-site sign” means a sign that directs attention to a business, commodity, service, or entertainment conducted, sold, or offered on the premises or located within a business complex or shopping center.
Off-Premises Sign. “Off-premises sign” means a monument sign or freestanding sign that identifies, advertises, or directs attention to a business, activity, product, service, or other commercial or noncommercial interest of any person, firm, or business not located on the premises where the sign is located; or a freestanding structure on which a sign is located, where the sign structure is on a premises not owned by the owner of the sign structure and where the sign message is not sponsored by the owner of the premises; Permanent Sign. “Permanent sign” means a sign constructed of durable materials and intended to exist for the duration of time that the use or occupant is located on the premises.
Pole Sign. “Pole sign” means a sign, not attached to a building or similar structure, which is displayed on and completely supported by one (1) or more support elements (i.e., pole(s)) which are ground-mounted, and that has a clearance above the ground of more than two (2) feet.
Political Sign. “Political sign” means a sign designed for the purpose of advertising support of or opposition to a candidate or proposition for a public election.
Portable Sign. “Portable sign” means a sign that is not permanently affixed to a structure or the ground.
Post Sign. “Post sign” means a temporary sign suspended from a horizontal swingpost that is attached to a vertical post mounted in the ground.
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Projecting Sign. “Projecting sign” means a sign other than a wall sign suspending from, or supported by, a structure and projecting outward from, and perpendicular to, the structure.
Promotional Sign. “Promotional sign” means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, or to promote a special sale.
Readerboard and Electronic Sign. “Readerboard” and “Electronic Sign” means a sign with manual or electronic changeable copy
Real Estate Sign. “Real estate sign” means a sign indicating that a property or any portion thereof is available for inspection, sale, lease, rent, or directing people to a property, but not including temporary subdivision signs in compliance with California Civil Code Section 713.
Roof Sign. “Roof sign” means a sign painted or constructed upon a roof, including a sign placed so as to extend above the edge of the roof.
Separate Building Pad. “Separate building pad” means a separate legal parcel that may be occupied by one (1) or more noncontiguous buildings which have frontage on a public or private street.
Shopping Center. “Shopping center” means an integrated commercial area providing retail and service uses on sites containing (or that will contain) two (2) or more separate businesses that are managed as a total entity and that share common access, circulation, and pedestrian and parking areas so that a public right-of-way is not needed to be used to get from one business to another.
Sign. “Sign” means any structure, device, figure, painting, display, message placard, or other contrivance, or any part thereof, situated outdoors or indoors, which is designed, constructed, intended, or used to advertise, or to provide data or information in the nature of advertising, to direct or attract attention to an object, person, institution, business, service, event, or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination, or projected images.
Site Sign. “Site Sign” means a temporary sign allowed on sites with uses under construction or not yet occupied.
Special Event Sign. “Special event sign” means a temporary sign, balloon, or banner that is intended to inform the public of a unique happening, action, purpose, or occasion (i.e., grand opening).
Sign Amortization. “Sign amortization” means the elimination of nonconforming signs over a period of time intended to allow the owner the opportunity to realize the value of his or her investment in the sign.
Sign Copy. “Sign copy” means the words and symbols expressed on the surface of a sign that relate to the name and/or nature of the business, business complex, or shopping center, as applicable, including any related trademark or logo, and/or other graphics used to identify said business, business complex, or shopping center.
Sign Height. “Sign height” means the vertical distance measured from the highest point of the sign to the grade immediately beneath the sign.
Temporary Sign. “Temporary sign” means any sign intended to be displayed for a limited period of time and capable of being viewed from any public right-of-way, parking area or neighboring property.
Vehicle Sign. “Vehicle sign” means a sign which is attached to or painted on a vehicle which is parked on or adjacent to any property, the principal purpose of which is to attract attention to a product sold or business located on the property.
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Wall Sign. “Wall sign” means a sign which is attached to or painted on the exterior wall of a structure with the display surface of the sign approximately parallel to the building wall.
Window Sign. “Window sign” means any sign posted, painted, placed, or affixed in or on any window exposed to public view; or any interior sign which faces any window exposed to public view and is located within three (3) feet of the window. 9-17-103 Prohibited and Exempt Signs.
(a) Prohibited Signs. Unless otherwise permitted by this Chapter, the following signs are prohibited.
(1) Animated or Moving signs.
(2) Banner signs and pennants that are permanent signs. (3) Beacons and searchlights.
(4) Bench signs.
(5) Cabinet signs
(6) Inflatable balloon signs and signs attached to inflated or gas-filled features. (7) Pole signs.
(8) Portable signs.
(9) Roof signs.
(10) Abandoned signs.
(11) Murals and decorations on the exterior of a building that advertise a product, business, or service.
(12) Vehicle signs.
(b) Prohibited Location or Placement. Signs with the following location and/or placement characteristics are prohibited:
(1) Signs attached to or placed adjacent to any utility pole, parking meter, traffic signpost, traffic signal, or any other traffic control device. (2) Signs attached to trees.
(3) Signs erected or maintained with horizontal or vertical clearance from overhead utilities less than required by state agencies.
(4) Signs installed without permission of the owner or the owner’s agent of the property on which the sign is located.
(5) Signs mounted or attached to a vehicle parked for the purpose of calling attention to or advertising a business establishment.
(6) Signs projecting over a public roadway that have not received an encroachment permit from the City.
(7) Signs that obstruct or interfere with the free use of a fire escape, exit, stairway, door, ventilator, or window in violation of the California Building or Fire Code. (8) Signs that interfere with visibility at an intersection, public right-of-way, driveway, or other point of ingress/egress. The City may require sign setbacks greater than specified in this chapter as needed to maintain adequate visibility for motorists and pedestrians. (c) Prohibited Design Features. Except where allowed by this chapter, signs with the following design features and/or physical characteristics are prohibited:
(1) Signs that constitute a traffic hazard due to highly reflective and fluorescent painted signs;
(2) Signs that simulate in size, color, lettering, or design a traffic control sign or signal;
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(3) Animated signs that move, rotate, revolve and other similar signs that visibly moving or rotating parts or visible mechanical movement of any kind; (4) Signs emitting audible sounds, odor, or visible matter; (5) Signs that feature a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate or display other movement under the influence of wind; (6) Any sign that utilizes visible guy wires, angle irons and iron frame structures; and,
(7) Signs or sign structures that have become a public nuisance or hazard due to inadequate maintenance, or dilapidation.
(d) Exempt Signs. The following signs, and alterations of existing signs, are exempt from the provisions of this chapter:
(1) Official and legal notices required by a court or governmental agency; (2) A sign erected and maintained in compliance with, and in discharge of, a Governmental function or required by law, ordinance, or governmental regulation, including signs erected by a public utility and pole signs erected by the City or other governmental entity within a public right-of-way for traffic control purposes; (3) Changes to existing sign copy that does not alter the size, location, or illumination of a sign;
(4) Memorial signs installed by, or with the approval of, a governmental agency (e.g., signs and markers for historic events or memorials); and, (5) Flags of the United States, California, San Joaquin County, City of Mountain House, or other governmental entities.
(e) Exempt Signs Subject to Limitations. The following signs are exempt from Section 9-17-104 regarding Sign Permits, provided the limitations specified below are met:
(1) Nameplates for each single-family dwelling, duplex, triplex, or condominium, subject to the following limitations:
(A) Maximum area shall not exceed three (3) square feet in area; (B) Content shall contain Arabic numbers a minimum of four (4) inches in height and of contrasting color to the background to which they are attached; and,
(C) Illumination shall not exceed twenty-five (25) watts; (2) Nameplates for multifamily dwelling, not including duplexes, triplexes, or condominiums, subject to the following limitations:
(A) Maximum area shall not exceed one (1) square foot in area per multi-family unit; and,
(B) Content shall contain Arabic numbers a minimum of four (4) inches in height if illuminated, or six (6) inches in height if not illuminated, and of contrasting color to the background on which they are attached; (C) Interior window signs not exceeding five (5) square feet in area; (D) Garage sale signs, subject to the following limitations:
(i) Signs shall not exceed six (6) square feet in area and four (4) feet in height;
(ii) Signs shall only be displayed one (1) day before the sale and during the time of the sale;
(iii) Signs shall only be displayed during the term of the garage sale, and shall be promptly removed at the end of the sale; and,
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(iv) Signs shall not be placed on any public property or placed off-site;
9-17-104 Building Permit Required.
A building permit shall be required in order to erect, install, alter, relocate, or reconstruct any sign that is not a temporary sign. There is no separate planning permit process required; planning review and approval of the building permit application is required prior to permit issuance. Exceptions to this building permit requirement for certain signs and sign types may be granted by the Director or designee.
(a) Application. Applications for building permit shall be filed with the department on the appropriate forms, together with all the necessary fees, deposits, exhibits, maps, and other information required by the department to clearly and accurately describe the proposed sign(s). (b) Content. The building permit application shall include the total number, size, height and type of signs, the location of all signs on the parcels or structures, applicable elevations, and illustrations of the proposed sign(s).
(c) Consistency with Documents. All proposed signs shall be consistent with the design policies and implementation measures of the adopted Mountain House policy documents, and with the applicable Mountain House design manuals.
9-17-105 Master Sign Program.
(a) Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a development project with the overall design of the development to achieve a more unified appearance. A Master Sign Program may also allow for minor variations in dimensional standards and other limitations of this Section, provided the Master Sign Program achieves a result that is superior to what would otherwise be allowed.
(b) Applicability and Review Procedure.
(1) Master Sign Program – When Required. A Master Sign Program is required for:
(A) New or remodeled non-residential projects on sites of one (1) acre or larger; (B) Multi-family uses with more than one (1) permanent sign proposed; or, (C) Any non-residential development with two (2) or more tenants. (2) Master Sign Program – When Allowed. A Master Sign Program may be substituted for specific sign designs and sign programs for individual buildings if requested by an applicant and approved by the Director.
(c) Director Approval Required. A Master Sign Program requires Director approval. (d) Applications. Applications for a Master Sign Program must include the following:
(1) A site plan showing the location of buildings, parking lots, driveways, and landscaped areas;
(2) Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed, if proposed; (3) An accurate indication on the site plan of the proposed location of each proposed sign and existing sign which is to remain;
(4) Color schemes, lettering, and graphic style (if tenants are not known, generic styles may be presented);
(5) Lighting and sign construction materials;
(6) Sign dimensions (if tenants are not known, generic dimensions may be presented);
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(7) A written program of standards for all sign types to be distributed to future tenants, including color, size, illumination, construction details, and sign placement; (8) A list of exceptions to the sign standards that would otherwise apply; and, (9) A sign maintenance program.
(e) Design Standards.
(1) Master Sign Programs shall be consistent with regulations and requirements of the Mountain House design manuals for the applicable development type (e.g., commercial / office). (2) Master Sign Programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property. Master sign programs may allow for variety in the design of individual signs provided that the signs contribute to a consistent visual theme within the property. (3) A Master Sign Program may deviate from standards contained in this chapter relating to permitted sign height, number of signs, and type of sign, only where said deviations would result in more restrictive design criteria. A Master Sign Program may not allow prohibited signs as identified in Subsection 9-17-103(a).
(f) Required Findings. The Director may only approve a Master Sign Program if the following findings are made.
(1) That the proposed signs are in harmony with and visually related to:
(A) Other Signs in the Project. Harmony and visual relation to other signs may be accomplished by incorporating common design elements such as materials, letter style, colors, illumination, sign type or sign shape;
(B) The Buildings They Identify. This may be accomplished by utilizing materials, colors or design motifs included in the building being identified; and, (C) The Surrounding Development. Approval of a Master Sign Program must not adversely affect surrounding land uses and adjacent business or obscure adjacent conforming signs.
(2) That the proposed signs are appropriate for the size and character of the development and signs in the vicinity.
(3) That the proposed signs will comply with all the provision of this Division, except with regard to the specific exceptions requested and approved, which may include the number, height, size, and location of individual signs, but not the total allowable sign area on a site. (g) Conditions. Reasonable conditions of approval may be imposed by the Director to achieve the purposes of this Section and ensure compatibility with adjacent land uses and signage.
(h) Post-Approval Procedures. After approval of a Master Sign Program, no signs shall be erected, placed, painted, or maintained, except in conformance with such Program, and such Program may be enforced in the same way as any provision in this Section. (1) Lease Agreements. The Master Sign Program and all conditions of approval shall be attached and made applicable to the lease agreements for all leasable space within a project. (2) Individual Signs. Any sign that conforms to an approved Master Sign Program may be approved by the Director; however, approval of a Master Sign Program does not waive the permit requirements for individual signs.
(3) Compliance with Other Sign Regulations. Approval of a Master Sign Program shall supersede the regulations of this chapter. Any aspect of the proposed signs not addressed by the Master Sign Program shall be in compliance with this chapter.
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(4) Amendments. The Director may approve amendments to a Master Sign Program that are in substantial conformance with the original approval. 9-17-106 Temporary Signs.
(a) Residential Zoning Districts. Temporary signs in residential zoning districts shall comply with the standards below:
(1) Window, Wall, Freestanding, Post, Banner, and Political Signs. (A) No more than three (3) signs are allowed per parcel. (B) Total sign area shall not exceed 18 square feet, with a maximum of six (6) square feet per sign.
(C) Sign height shall not exceed three (3) feet.
(D) Signs shall not be illuminated.
(E) Duration of sign placement must conform with Section 9-17-106 (c)(5) of this code.
(2) Site Signs.
(A) Site signs shall only be permitted for residential uses that are under construction or not yet occupied.
(B) A maximum of one (1) sign is allowed per property public right-of-way frontage, with a maximum of two (2) signs permitted per site, as determined by the Director. (C) A maximum sign area of 32 square feet shall be permitted, per sign. (D) Sign height shall be a maximum of eight (8) feet.
(E) Signs shall be set back a minimum of five (5) feet from property lines adjacent to a public right-of-way.
(F) Signs shall not be illuminated.
(G) Duration of sign placement must conform with Section 9-17-106(c)(5) of this code.
(b) Non-Residential Zoning Districts. Temporary signs in non-residential zoning districts shall comply with the standards below:
(1) Wall, Freestanding, Post, and Banner Signs.
(A) A maximum of one (1) temporary wall, freestanding, or banner sign is allowed per property.
(B) Maximum sign area shall be 32 square feet.
(C) Maximum sign height shall be seven (7) feet.
(D) Signs shall not be illuminated.
(E) Duration of sign placement must conform with Section 9-17-106(c)(5) of this code.
(2) Window Signs.
(A) Temporary window signs in total may not exceed a maximum of 25 percent of the window area, and together with permanent window signs, may not exceed maximum allowed window sign area as defined in Section 9-17-108(H).
(B) Signs shall not be illuminated.
(C) Signs shall be stationary.
(D) Duration of sign placement must conform with Section 9-17-106(c)(5) of this code.
(c) Real Estate Signs. Temporary real estate signs offering property for sale, lease, or rent, on the property being advertised, subject to the following limitations:
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(1) For single-family dwellings, one (1) freestanding sign per street frontage, not exceeding four (4) square feet in area and four (4) feet in height, shall be allowed; (2) For multi-family dwellings, including duplexes, triplexes, and condominiums, one (1) freestanding sign for every 1,000 lineal feet of street frontage or portion thereof, not exceeding 32 square feet in area and six (6) feet in height, shall be allowed; (3) For signs advertising the sale, rent, or lease of tenant spaces within a multi-tenant commercial center, office building, or industrial subdivision, one (1) freestanding sign for every 1,000 lineal feet of street frontage or portion thereof, not exceeding 40 square feet in area and six (6) feet in height, plus one (1) sign not exceeding six (6) square feet in area located at each individual tenant space to be rented or leased, shall be allowed; (4) Signs may be placed on the site at the time of the listing or the availability of the rental space; and,
(5) Signs shall be removed no later than 30 days from the date of the completion of the sale or the signing of the lease.
(d) Duration. Temporary signs in all zoning districts shall be removed the earliest of when:
(1) A commercial message is obsolete and has become misleading (e.g., a “for lease” or “for sale” sign in front of a building that is leased or sold); or (2) The sign falls into disrepair.
9-17-107 General Requirements.
(a) Unless otherwise specified, the following general requirements shall apply to all signs:
(1) Computation of Surface Area of Sign.
(A) If sign copy is on a sign board or sign structure, or on a sign with a defined sign background, the surface area of the sign shall be the area of the surface or face of the board or sign structure, as shown below.
(2) If the lettered or illustrative material of a sign is not located on a sign board or does not have a defined background (e.g., letters placed on a wall), the surface area of a sign shall be the area that would be encompassed within a frame or frames that are parallel to the top and sides of the structure on which the sign is located and which extend two (2) inches beyond the outermost boundaries of the lettered or illustrative material, as shown below:
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(3) Supporting framework or bracing that is clearly incidental to the display itself shall not be included in the computation of the surface area of a sign. (4) The area of a double-faced sign shall be calculated as having only a single face, provided that the distance between each sign face does not exceed 24 inches at any point. If the sign faces are not the same size, the larger sign face shall be used to determine the sign area. (5) Where a sign consists of one (1) or more three (3) dimensional objects (e.g., balls, cubes, clusters of objects, sculptures), the sign area shall be determined by calculating their maximum projection upon a vertical plane.
(b) Height of Signs. Unless otherwise specified, sign height shall be measured from the uppermost part of the structure of the sign to the lowest elevation point of the finished grade immediately adjacent to the sign support structure, as shown below:
(c) Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate impacts on surrounding properties and streets.
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(1) External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.
(2) The light from an illuminated sign shall not be of an intensity or brightness that would interfere with the reasonable enjoyment of residential properties in direct visual proximity to the sign.
(3) Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
(4) Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.
(d) Maintenance of Signs.
(1) Signs and supporting hardware, including non-conforming and temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better-quality materials and design as the original sign. Signs that are not properly maintained and are dilapidated shall be deemed to be a public nuisance. (2) When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the structure or sign support structure. (e) Location of Signs. Signs shall be located on property in accordance with the following provisions:
(1) Signs shall be located so as to not block or interfere with the view of motorists to proceed safely through intersections or to enter onto, or exit from, public streets or private roads, or to otherwise interfere with circulation;
(2) Signs shall be located so as to not obscure or interfere with views of significant natural or scenic landscape features;
(3) Freestanding signs shall not be located within a non-buildable public utilities easement or in a public right-of-way, except for those signs authorized by the applicable utility company;
(4) Freestanding signs shall not be located closer than five (5) feet from a property line, nor erected or maintained any closer than three (3) feet to any building; and, (5) Freestanding signs shall be located outside of the clear-vision triangle. 9-17-108 Standards for On-Premise Signs.
On-premises signs shall be subject to the following:
(a) Awning Signs. Awning signs shall be allowed in the R-H, C-N, C-C, C-O, C-G, C-FS, C-R, I-P, I-L, I-G, P-F, and M-X zoning districts, subject to the following requirements:
(1) Awning signs shall only be located on structure frontages, including those fronting a parking lot or pedestrian way;
(2) Awning signs shall be limited to ground level and second story occupancies only; (3) A clear distance of eight (8) feet shall be maintained from the lowest part of an awning sign to the ground below; and,
(4) Maximum sign copy area for awning signs shall be included in the calculation for wall sign(s) area.
(b) Directional Signs. Unless otherwise specified by a Master Sign Program, directional signs shall be allowed in any zone and shall be subject to the following requirements:
(1) Maximum sign area shall be four (4) square feet in multi-family residential zones and six (6) square feet in nonresidential zones; and,
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(2) Maximum height for directional signs shall be five (5) feet, except that taller signs may be approved by the Director, provided the Director determines that visibility would not be impaired.
(c) Directory Signs. Unless otherwise specified by a Master Sign Program, directory signs shall be allowed in any zone, except for single-family residential zones, subject to the following:
(1) Signs shall be pedestrian-oriented;
(2) Signs shall not exceed a maximum height of seven and one-half (7.5) feet, and signs shall not exceed a maximum area of 60 square feet; (3) Signs shall be designed and erected or mounted as a wall sign, monument sign, or on or within a kiosk;
(4) Signs shall be located at or near the main pedestrian entrance to a building or building complex;
(5) Signs shall contain only a list of tenants and their location for each individual building or integrated center, with no additional advertising allowed; and, (6) Signs may be subject to a master sign program, as specified in Section 9-17-105. (d) Monument Signs. Unless otherwise specified by a Master Sign Program, monument signs shall be allowed in in the R-H, C-N, C-C, C-O, C-G, C-FS, C-R, I-P, I-L, I-G, M-X, and P-F zones, and shall be subject to the following requirements. (1) General Requirements. The following general requirements shall be applicable to all monument signs:
(A) Signs shall not be located closer than five (5) feet to a property line; (B) Signs shall not be erected or maintained any closer than three (3) feet to any building;
(C) A monument sign shall not be located closer than 75 feet from another monument sign on adjoining properties to ensure adequate visibility, unless the Director reduces such spacing requirement in instances where its enactment would be impractical due to the locations of existing signs on adjacent properties or due to the size of the property; (D) Signs shall be located within a landscaped area, with a permanent irrigation system provided at the base of the sign equal to double the area of one (1) face of the sign; and, (E) Monument sign bases and structures shall be designed to be complementary with the architectural theme of the building(s).
(2) Monument Signs in R-H, M-X, and C-R Zones. The following requirements shall be applicable:
(A) One (1) monument sign shall be permitted per parcel; (B) Maximum height shall be 7.5 feet; and,
(C) Maximum total area for all tenants shall be 50 square feet per sign face. (3) Monument Signs in Commercial, Industrial, and P-F Zones. The following requirements shall be applicable:
(A) One (1) primary monument sign shall be permitted to identify a business complex, subject to the following:
(i) The sign shall be located near the primary street entrance to the complex; (ii) A maximum of 100 square feet shall be allowed per sign face, in total, for all businesses advertised on the sign;
(iii) The maximum height shall be ten (10) feet;
(iv) The sign shall prominently display the name and address of the complex; and,
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(v) The sign may identify individual tenants in clearly subordinate copy, and may contain any related trademark, logo and/or other graphics used to identify the business complex. (B) Unless otherwise specified by a Master Sign Program, one (1) secondary monument sign shall be allowed along each additional street frontage not including the street frontage on which the primary monument sign is located, subject to the following:
(i) One (1) such secondary sign shall be permitted per parcel; (ii) Maximum height shall be seven and one-half (7.5) feet; (iii) Maximum area shall be 50 square feet per sign face, in total, for all businesses advertised on the sign; and,
(iv) Sign shall contain only the name, address, type of business, and any related trademark, logo, and/or other graphics used to identify the business. (4) Monument Signs Included in the Mountain House Business Park Special Purpose Plan. Monument signs permitted in the Mountain House Business Park, which includes the C-G, C-FS, I-P, and P-F zones, shall be subject to the following requirements:
(A) A maximum of two (2) monument signs shall be allowed for each parcel with four (4) or more tenants;
(B) Maximum height shall be ten (10) feet; and,
(C) Maximum area shall be two hundred (200) square feet, in total for all businesses advertised on the sign.
(e) Projecting Signs. Projecting signs shall be allowed in the C-N, C-C, C-G, M-X, and P-F zones, subject to the following requirements:
(1) Signs shall be located only on the wall frontage with the primary entrance to the structure;
(2) Maximum area of each sign face shall be 24 square feet; (3) Signs may comprise logos, symbols, or figures in addition to, or instead of, written words;
(4) Signs shall maintain a clear distance of ten (10) feet from the lowest part of said sign to the ground; and
(5) A projecting sign shall be attached to the wall at no more than two (2) feet from the nearest point of the sign to the wall, with all mounting hardware concealed. (6) Maximum area for the sign copy of projecting signs shall be included in the calculation of wall signs.
(f) Under Canopy Signs. Unless otherwise specified by a Master Sign Program, under canopy signs shall be allowed in the C-N, C-C, C-O, C-G, C-R, M-X, I-P, and P-F zones and shall be subject to the following requirements:
(1) Signs shall be located near the main entrance to the structure; (2) Signs shall maintain a clear distance of ten (10) feet from the lowest part of said sign to the ground, except under canopy signs over a public driveway shall maintain a clear distance of 15 feet from the lowest point of the sign to the ground; (3) Maximum area of each sign face shall be ten (10) square feet, with all mounting hardware concealed unless suspended by a chain no greater than 12 inches in length; (4) Signs may comprise logos, symbols, or figures in addition to, or instead of, written words; and,
(5) Under canopy signs included in the Mountain House Business Park Special Purpose Plan. Under canopy signs permitted in the Mountain House Business Park, which includes the C-G, C-FS, I-P, and P-F zones, shall be subject to the following requirements:
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(A) Signs shall maintain a clear distance of eight (8) feet from grade to the bottom of the sign; and,
(B) Maximum area of each sign face shall be 15 square feet. (g) Wall Signs. Unless otherwise specified by a Master Sign Program, wall signs shall be allowed in C-N, C-C, C-G, C-FS, M-X, I-P, I-L, I-G, and P-F zones and shall be subject to the following requirements.
(1) General Requirements. The following general requirements shall be applicable to all wall signs:
(A) Signs shall only be located on structure wall frontages along streets, alleys, parking lots, or other rights-of-way, unless allowed by an approved Sign Permit that includes a planned sign program;
(B) Signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches; (C) Signs shall not project above the eave of a roof or parapet; (D) Signs shall not be placed to obstruct any portion of a window; (E) The total area of wall signs shall include the area of all permanent awning signs, marquee signs and window signs.
(2) Wall Signs in the C-N, C-C, C-G, M-X, and P-F zones, the following additional requirements shall be applicable:
(A) The total area of wall signs shall not exceed a maximum of one (1) square foot of sign area for each lineal foot of building frontage on which the sign will be mounted; and, (B) The total aggregate area of wall signs for all sides of a building shall not exceed 160 square feet.
(3) Wall Signs in the I-P, I-L, and I-G zones, the following additional requirements shall be applicable:
(A) The total area of wall signs shall not exceed a maximum of one (1) square foot of sign area for each lineal foot of building frontage on which the sign will be mounted; and (B) The total aggregate area of wall signs for all sides of the building shall not exceed 600 square feet.
(4) Wall Signs Included in the Mountain House Business Park Special Purpose Plan.
Wall signs permitted in the Mountain House Business Park, which includes the C-G, C-FS, I-P, and P-F zones, shall be subject to the following requirements:
(A) Maximum sign area allowed on primary frontage (i.e., the entrance side of leased area) shall not exceed 1.5 square feet of sign area for each lineal foot of building frontage; (B) Maximum sign width allowed on primary street frontage shall not exceed 50 percent of the primary street building frontage;
(C) Maximum sign area allowed for tenants with secondary frontage (i.e., side or rear) shall not exceed one (1) square foot of sign area for each lineal foot of secondary building frontage; and
(D) Maximum sign width allowed on secondary street frontage shall not exceed 33 percent of the secondary street building frontage.
(h) Window Signs. Unless otherwise specified by a Master Sign Program, window signs shall be allowed in commercial, industrial, M-X, and P-F zones and shall be subject to the following requirements:
(1) Signs shall be allowed only on windows located on the ground level and second story of a structure;
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(2) Signs shall not occupy more than 35 percent of the window area of a wall; (3) The maximum area for window signs shall be included in the calculation of wall signs; and,
(4) Window Signs included in the Mountain House Business Park Special Purpose Plan. Window signs permitted in the Mountain House Business Park, which includes the C-G, CFS, I-P, and P-F zones, shall be subject to the following requirements:
(A) Signs painted directly on a window shall not be permitted; (B) Temporary signs may not be placed on the inside surface of a window; and, (C) Temporary signs may not be hung closer than six (6) inches behind the inside surface of a window.
(i) Special Use Signs. The following special use signs shall be allowed, subject to the requirements specified below.
(1) Service Station Signs. Service station signs shall be allowed in the C-C, C-G, CFS, I-P, I-L, and I-G zones, subject to the following requirements:
(A) One (1) monument sign identifying the use shall be allowed, subject to the following requirements:
(i) The monument sign shall comply with subsection (d)(1) regarding general requirements for monument signs;
(ii) Maximum area shall be forty (40) square feet;
(iii) Maximum height shall be seven and one-half (7.5) feet; and (iv) Logos shall not exceed twenty (20) percent of the area of the sign. (B) One (1) freestanding sign advertising motor vehicle fuel pricing shall be allowed for each service station dispensing any motor vehicle fuel, subject to the following requirements:
(i) Signs shall comply with the applicable provisions of the Business and Professions Code regarding display requirements;
(ii) Maximum area shall be twenty-five (25) square feet; (iii) Maximum height shall be six (6) feet; and,
(C) Service station sign copy shall be allowed on a multi-tenant pole sign in the C-C and C-G zones, provided the service station is located within the shopping center associated with said pole sign.
(2) Model Homes Sales Complex Signs. Model home sales complex signs shall be allowed in all residential zones, and in the M-X zone where a residential use is planned, subject to the following requirements:
(A) The maximum number of signs for each model homes sales complex shall be as follows: one (1) temporary freestanding marketing sign, one (1) temporary freestanding sales information sign, one (1) temporary freestanding model identification sign for each residential unit being marketed, one (1) temporary freestanding parking sign, and six (6) temporary on-site flags;
(B) The maximum height for model homes sales complex signs shall be as follows:
seven and one-half (7.5) feet for a temporary freestanding marketing sign, six (6) feet for a temporary freestanding sales information sign, four (4) feet for temporary freestanding model identification sign, four (4) feet for a temporary freestanding parking sign, and 18 feet for temporary on-site flags; and,
(C) The maximum area for model homes sales complex signs shall be as follows:
twenty-eight (28) square feet, including base and/or embellishments for a temporary freestanding marketing sign; twenty-four (24) square feet, including base and/or embellishments, for a
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temporary freestanding sales information sign; five (5) square feet, including base and/or embellishments, for a temporary freestanding model identification sign; and, twelve (12) square feet, including base and/or embellishments, for a temporary freestanding parking sign. (3) Community Amenity Signs. Signs highlighting a community amenity may be located in any zone where the community amenity is present, subject to the following requirements:
(A) Signs shall be limited to monument signs or freestanding signs; (B) Only one (1) sign shall be installed per amenity;
(C) Maximum sign area per sign, including base and/or embellishments, shall be forty-two (42) square feet; and,
(D) Maximum height of each sign shall be five and one-half (5.5) feet. 9-17-109 Standards for Permitted Off-Premises Signs.
The off-premises signs specified below shall be permitted, subject to the following:
(a) Temporary Special Event Signs. Special event signs shall be subject to the requirements specified below:
(1) The location of special event signs shall be subject to the approval of the City; (2) Maximum area for each sign shall be 25 square feet; (3) Signs shall be made of non-metallic, weather resistant material, and shall not be illuminated nor contain moving parts;
(4) Signs shall not be erected more than 14 days prior to the commencement of the special event, and shall be removed no later than three (3) days after the end of the special event; and,
(5) Signs may be displayed for no more than 21 days, regardless of the duration of the event.
(b) Off-Site Subdivision Signs. Off-site temporary freestanding subdivision signs may be located on private property, away from driveways and intersections so that traffic and pedestrian safety is not affected, to provide information and directions to the public about specific subdivisions within Mountain House with a model home sales complex, subject to the requirements and application review process specified below:
(1) The maximum area set aside for individual subdivision signs shall be four (4) feet by eight (8) feet;
(2) Maximum sign height shall not exceed 12 feet;
(3) Maximum sign width shall not exceed eight (8) feet; (4) Signs shall contain no more than two (2) sides;
(5) Sign copy relating to specific subdivisions shall be limited to the subdivision name, the subdivision logo, and a directional arrow to the subdivision; (6) A subdivision name may not be advertised on the sign before either a building permit or a public report by the California Department of Real Estate has been issued; (7) A subdivision name shall be removed from the off-site temporary sign within 30 days if no model homes or lots are available for viewing or sale; and, (8) An off-site temporary subdivision sign shall be removed if no subdivision has been advertised on it for a period of 90 days.
Proposed off-site subdivision signage is subject to review-approval by the City via a Master Sign Program application submittal to the Planning Division.
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9-17-110 Readerboard, Electronic, and Freeway-Oriented Signs (a) Readerboard signs with manual or electronic changeable copy may be displayed in lieu of building-mounted or freestanding signs, subject to the following requirements. (1) K-8 and High Schools; Public Agencies. Elementary and High Schools shall be permitted one (1) readerboard sign, limited to 60 square feet in area and eight (8) feet in height.
Governmental organizations, agencies and special districts shall be subject to these same requirements.
(2) Other Public Assemblies and Religious Assemblies not for Entertainment.
Other public assemblies and religious assemblies that are not engaged in commercial entertainment shall be permitted one (1) readerboard sign, limited to 24 square feet in area and six (6) feet in height. Sign copy shall not be changed more than one (1) time per day. (b) Freeway-Oriented Signs. One Freeway-Oriented Sign, which may be analog or digital, shall be permitted in the Mountain House Business Park with a maximum height of 70 feet and maximum size area of 1,200 square feet. Said sign shall be located at a location approved by the City and may include provisions for the display and maintenance of City of Mountain House logo and branding, subject to mutual agreement between the City and the sign owner. The Freeway-Oriented Sign shall comply in all respects with the State of California Outdoor Advertising Act, Chapter 2 in Division 3 of the California Business and Professions Code. The Freeway-Oriented Sign shall be approved by the Community Development Director through the Site Approval process.
9-17-111 Nonconforming Signs.
A nonconforming sign which fails to conform to this chapter shall be allowed to continue in use, subject to the following:
(a) The nonconforming sign shall not be expanded, moved, relocated, or replaced; (b) The nonconforming sign and sign structure may be maintained and repaired, but the maintenance and repair shall not exceed 50 percent of the sign’s fair market value; (c) The sign copy and sign faces for nonconforming signs may be changed; (d) Other modifications / replacements of sign elements which constitute an improvement to the nonconforming sign may be allowed at the discretion of the Director; and, (e) The addition, reconstruction, relocation, or structural alteration of the nonconforming sign may be allowed but shall be subject to a new Sign Permit in compliance with the requirements of this Chapter.
DIVISION 18. RESERVED
DIVISION 19. ENFORCEMENT REGULATIONS
CHAPTER 1. ENFORCEMENT REGULATIONS: INTENT AND ORGANIZATION 9-19-101 Title and Intent.
Division 19 constitutes enforcement regulations for the enforcement of provisions of this Title to be used in conjunction with Division 2 of Title 1.
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CHAPTER 2. ENFORCEMENT OF DEVELOPMENT TITLE
9-19-201 Intent and Purpose.
Pursuant to the authority granted to the City Council in state law, it is the intent and purpose of this Chapter to set forth the provisions for the enforcement of this Title by reference to the procedures set out in Division 2 of Title 1 of this Code. The procedures are designed to ensure the due process rights of any affected property owner or other person having possession or control of the real property involved. This Chapter provides remedies which are in addition to and does not limit, preclude, waive or supersede any other criminal or civil remedy available by law for the enforcement of this Title or to abate any violation of this Title. 9-19-202 Duty.
It is the duty of every owner of real property or other person in possession or control of real property within the City to prevent a violation of this Title from arising from or existing on any real property they own or control.
9-19-203 Violations.
It is a violation of this Title and Section 1-2-201 for a property owner and/or other person in control of a property to maintain or permit a nuisance or a violation of this Title on real property. Any use or condition on real property which is in violation of this Title or in violation of permits approved pursuant to the provisions of this Title shall constitute a violation of this Title and, if not abated, may be subject to the enforcement procedures outlined in this Chapter or Title 1.
CHAPTER 3. ABANDONED VEHICLES
9-19-301 Intent.
The intent of this Chapter is to prescribe regulations pertaining to abandoned vehicles. 9-19-302 Findings and Declarations.
In addition to, and in accordance with, the determination made and the authority granted by the State of California under Section 22660 of the Vehicle Code to remove abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof as public nuisances, the City Council hereby makes the following findings and declarations:
(a) Deleterious Effects. The accumulation and storage of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof creates a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, to create a harborage for rodents and insects, and to be injurious to the health, safety and general welfare; and
(b) Public Nuisance. The presence of an abandoned, wrecked, dismantled, or inoperative vehicle or parts thereof, except as expressly hereinafter permitted, shall constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter.
A public nuisance as described shall include a vehicle that creates a deteriorating environmental condition, reduces the value of private property, promotes deterioration of a business district or neighborhood, invites plundering, creates fire hazards, constitutes an attractive nuisance
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endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety and general welfare.
9-19-303 Enforcement Officials.
The Enforcement Official is designated as the official responsible for the administration of this Chapter. In the administration of this Chapter, the Enforcement Official may, upon presentation of proper credentials, enter upon private or public property to examine a vehicle or part thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Chapter and to Section 22663 of the Vehicle Code.
9-19-304 Unlawful to Abandon, Park, Store, or Leave Vehicle.
It shall be unlawful for any person to abandon, park, store, or leave, or permit the abandonment, parking, storing, or leaving, of any vehicle or part thereof which is in an abandoned, wrecked, dismantled, or inoperative condition within the City for a period in excess of seven (7) days.
9-19-305 Exceptions.
This Chapter shall not apply to:
(a) Enclosed Within Building. A vehicle or part thereof which is completely enclosed within a building where it is not visible from the street or other public or private property.
(b) Part of Business. A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, or junk dealer, or when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise.
(c) Historic Vehicle. A vehicle or part thereof which qualifies as a vehicle of historic value and has special identification plates for a historical vehicle as described in Section 5004 of the California Vehicle Code.
(d) General Agriculture. Parcels that are a minimum of five (5) acres in any General Agriculture zone.
9-19-306 Abandoned Vehicle Removal Procedures.
The Director shall proceed as follows in the investigation and enforcement of violations of Section 9-19-304:
(a) Notice of Intention to Abate and Remove Vehicle. When the Director determines that a violation of this Chapter exists, the owner of the property in violation, as shown on the latest assessment roll, and the last registered and legal owner of the vehicle, shall be notified by registered or certified mail of the intention to abate and remove the vehicle or part thereof as a public nuisance. The Notice shall state that the owner of the property and/or vehicle has ten (10) business days in which to correct the violation or appeal the determination of the Director to the Planning Commission for a public hearing. This required Notice may be waived by the owner(s) of the property and/or vehicle with a signed release authorizing removal and waiving further interest in the vehicle or part thereof.
(b) Statement of Nonresponsibility. If a vehicle was abandoned without the consent or knowledge of the property owner, and he/she has direct control of the property, the property
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owner may submit a Statement of Nonresponsibility within ten (10) business days of the mailing of the Notice of Intention to Abate and Remove the Vehicle. If the Director determines the property owner is not responsible for the abandoned vehicle, the administration fee will be waived. If staff determines the owner is responsible for the abandoned vehicle, he/she will be so advised. This determination can be appealed pursuant to Section 9-19-306(c). (c) Appeals. Appeals of the Notice of Intention to Abate and Remove Vehicle shall be filed pursuant to Section 9-2-412 (Appeals under the Staff Review with Notice Procedure), except for the following provisions:
(1) The owner of the vehicle and/or the owner of the property may file this appeal. (2) When an appeal is heard by the City Council pursuant to Chapter 2 of Division 5 of Title 8, any violation of Chapter 3 of Division 19 of this Title included in the Notice of Violation shall be heard by the City Council.
(d) Public Hearing Procedure. The public hearing shall allow for the submittal of oral and written evidence relative to the existence of a violation of this Chapter on the property and whether the property owner is responsible for or has consented to the placement of the vehicle on the property. The property owner may appear in person or submit a sworn statement denying responsibility for the presence of the vehicle on the property. At the conclusion of the public hearing, the existence of a violation shall be determined and if a violation exists, it shall be determined whether the property owner is responsible for such violation. If it is found that a violation exists but the property owner is not responsible, the City shall not assess costs of administration or removal of the vehicle against the property owner. The decision of the hearing official shall be final and may not be appealed.
(e) Removal of the Vehicle. If an appeal has not been filed within the required time period or the Planning Commission has made a determination that a violation exists and the vehicle or part thereof remains on the property, the vehicle or part thereof may be disposed of by removal to a scrapyard or automobile dismantler’s yard. The removal shall be performed by the City or a licensed automobile dismantler authorized by the City, either of which may enter private or public property to remove the vehicle or part thereof declared to be a nuisance pursuant to this Chapter. The Director is authorized to select licensed automobile dismantlers pursuant to policies and procedures adopted by the City Council. (f) Vehicle Not to be Reconstructed. Any vehicle removed as a result of this Chapter shall not be reconstructed or made operable unless it is a vehicle which qualifies for either horseless carriage license plates or historical vehicle license plates. (g) Notice to the Department of Motor Vehicles. Within five (5) business days after the removal, notice shall be given to Department of Motor Vehicles that identifies the vehicle or part thereof, and evidence shall be submitted of all avail registration, including, but not limited to, the registration card, certificates of ownership, or license plates. 9-19-307 Assessment of Costs.
The City Council shall establish fees for administrative and vehicle removal costs. These costs are the joint and several personal obligations of the last registered owner and the owner of the parcel of land from which the vehicle was removed, provided, however, that the last registered owner who can satisfy the requirements of Vehicle Code Section 22524(b) shall not be personally liable for the costs and provided, further, that it has been found that the owner is not responsible for the location of the vehicle on his or her property. If the fees are not paid within thirty (30) business days of the date of the order or the final disposition of an appeal therefrom,
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such fees shall be assessed against the parcel of land pursuant to Section 25845 of the Government Code and shall be transmitted to the tax collector for collection. Said assessment shall have the same priority as other taxes.
9-19-308 Unlawful to Refuse to Comply with Order.
It is unlawful for any person to fail or refuse to remove an abandoned, wrecked, dismantled, or inoperative vehicle or part thereof, or to refuse to abate such nuisance when ordered to do so in accordance with the abatement provisions of this Chapter or state law where applicable.
9-19-309 Reporting Requirements for Licensed Dismantlers.
Licensed dismantlers or commercial enterprises acquiring vehicles removed pursuant to this Chapter shall be excused from the reporting requirements of Section 11520 of the Vehicle Code, and any fees and penalties which would otherwise be due the Department of Motor Vehicles are hereby waived, provided that a copy of the resolution or order authorizing disposition of the vehicle is retained in the dismantlers’ or commercial enterprises’ business records.
9-19-310 Violations.
Any violation of a provision of this Chapter shall be a misdemeanor punishable by imprisonment in the County Jail for a term not to exceed six (6) months, or by a fine not to exceed five hundred dollars ($500.00), or both.
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TITLE 9. DEVELOPMENT TITLE
DIVISION 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS—INTENT AND ORGANIZATION
9-1-101 Title and Intent.
Division 1 constitutes the General Provisions. The purpose of these provisions is to specify the title, purpose, basic structure, and applicability of this Title, and to require conformity thereto.
CHAPTER 2. BASIC PROVISIONS OF DEVELOPMENT TITLE
9-1-201 Title—Reference.
The ordinance codified in this Title (Title 9) shall be known and cited as the “Development Title of the City of Mountain House,” the “Development Title” or the “Title.” Unless otherwise specified, referencereferences to section numbers herein are to the sections of this Title. 9-1-202 Intent.
This Title is intended to serve as the basis for all land use regulations adopted by City of Mountain House.
9-1-203 Purpose.
The purposes of this Title shall be to serve the public health, safety, and general welfare; to implement the City of Mountain General Plan, when adopted, and the Mountain House Master Plan, associated specific plans, Special Purpose Plans, and policy documents; and to achieve the following objectives:
(a) To encourage the most appropriate use of land and the harmonious relationship among land uses;
(b) To promote a safe and efficient traffic circulation system; (c) To provide open spaces for light and air;
(d) To prevent overcrowding of land and the undue concentration of population; (e) To secure safety from fire and other dangers;
(f) To facilitate the provision of needed community facilities; (g) To conserve and stabilize the value of property; and (h) To conserve the City’s natural beauty, to improve its appearance, and to enhance its physical character.
9-1-204 Authority.
This Title is adopted pursuant to the following authorities:
(a) Local Ordinances and Regulations, California Constitution, Article XI, Section 7, Planning and Land Use, California Government Code Title 7. (b) California Environmental Quality Act, California Public Resource Code, Division
13. (c) California Vehicle Code, Section 22660.
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2 9-1-205 Consistency of Development Title with General Plan and Mountain House Master Plan.
All actions, approvals and procedures taken with respect to, or in accordance with, this Development Title shall be consistent with the City of Mountain General Plan, when adopted, and the Mountain House Master Plan. In the event this Development Title becomes inconsistent with the General Plan or any of its elements, or with the Mountain House Master Plan, by reason of adoption of a new General Plan or Master Plan, or by reason of amendment of the existing General Plan or Master Plan, this Development Title shall be amended within a reasonable time so as to achieve consistency with said documents.
9-1-206 Zoning Maps.
A series of zoning maps, to be known collectively as the “Zoning Map of the City of Mountain House,” shall be maintained by the Community Development Department. (a) Contents. The zoning maps shall show the designations and boundaries of each zone and shall show any base data that the Director of the Community Development Department deems useful or that the City Council directs;
(b) Revisions. The Director shall revise the zoning maps to show amendments, including changes in designations, rezoning of property, and clarification of zone boundaries; (c) Incorporation. The zoning maps and all notations, references, data, and other information contained therein are made a part of this Title by reference herein; (d) Zone Boundaries. Where uncertainty exists as to the boundaries of any zone shown on the zoning maps, the following rules shall apply:
(1) Where zone boundaries are indicated as approximately following street and alley lines or lot line, such lines shall be construed to be the boundary of the said zone, and the following shall apply:
(A) When two (2) zones are separated by a street or alley, the zone boundary shall be the centerline of the street or alley, unless otherwise specified, and (B) When a residential zone is separated from any other zone by a street or alley, the residential zone boundary shall include both sides of the street or alley. (2) Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting properties shall apply to the centerline of such vacated or abandoned street or alley;
(3) Where any private right-of-way or easement of any railroad, canal, transportation, or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned property; (4) For unsubdivided property, or in instances where a zone boundary divides a lot, the location of the zone boundary shall be determined by the Director unless the zone boundary is indicated by dimensions.
(e) Creation of New Zoning Districts. The boundaries of the new zoning district shall be shown on the zoning map. The map together with all legends, symbols, notations, references, zoning district boundaries and other information on the map shall be incorporated into this Title by reference as though it were fully included.
9-1-207 Minimum Requirements.
The provisions of this Title are considered to be minimum requirements. The CountyCity may establish more stringent requirements where deemed necessary.
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3 9-1-208 Interpretation, Constitutionality, and Severability. (a) Ambiguities. Unless otherwise provided, any ambiguity concerning the content or application of this Title shall be resolved by the Director. (b) Invalidity. If any section, subsection, sentence, clause, or phrase of this Title is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Title. The BoardCity Council declares that it would have passed this Title and every section, subsection, clause, and phrase thereof, notwithstanding that one or more sections, subsections, sentences, clauses, or phrases may later be declared unconstitutional. 9-1-209 Restrictions.
It is not intended by this Title to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. Where this Title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, or regulations, or by easements, covenants, or agreements, the provisions of this Title shall prevail.
9-1-210 No Relief From Other Provisions.
Except as otherwise specifically provided, no provision of this Title shall be construed as relieving any party to whom a use permit, variance, or other development approval has been issued from any other provision of state or federal law or from any provision, ordinance, rule, or regulation of the City requiring a license, franchise, or permit to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use. 9-1-211 Inapplicability of Formal Rules of Evidence.
(a) Formal Rules of Evidence Do Not Apply. Except as otherwise expressly provided in this Chapter, formal rules of evidence or procedure which must be followed in a court of record in this state shall not apply to hearings conducted pursuant to this Title. (b) No Presumption Regarding Error. There shall be no presumption that error is prejudicial or that injury was done if error is shown.
9-1-212 Reserved.
9-1-213 Permits and Licenses to Comply with Title.
All permits and licenses for the use or division of land or the construction, moving, or alteration of any building or structure issued by the City shall be subject to the following requirements:
(a) Issuance of Permit. All departments, officials, and employees of the City responsible for the issuance of such permit or license shall determine that the permit or license requested will not violate any of the provisions of this Title. (b) Invalid Permit. Any permit or license issued by said departments, officials, or employees which is issued in violation of the provisions of this Title shall be null and void. (c) Failure to Comply. Failure to comply with any conditions or requirements of such permit or license shall be considered a violation. Conviction of an infraction because of such failure to comply will render the permit or license void. (d) Run With the Land. All development permits shall run with the land; permits are not tied to individuals, including those persons who applied for the permit or who owned the
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4 property at the time the permit was issued.
CHAPTER 3. DEFINITIONS
9-1-301 Intent.
The provisions of this Chapter 3 of Division 1 shall be known as the Definitions. The intent of this chapter is to promote consistency and precision in the interpretation of this Title. 9-1-302 Applicability.
The meaning and construction of words and phrases as set forth herein shall apply throughout this Title. If a word is not defined in this Title, the definition provided in the latest edition of the Uniform Building Code, as adopted by the City, shall be applicable. If said word is not defined in the latest edition of the Uniform Building Code, as adopted by the City, the definition provided in Webster’s Third New International Dictionary shall be used. 9-1-303 Rules of Construction.
The following general rules of construction shall apply to the textual provisions of this Title:
(a) Chapter and Section References. “Chapter” means a chapter of the ordinance codified in this Title unless some other ordinance is specifically mentioned. “Section” means a section of the ordinance codified in this Title unless some other ordinance is specifically mentioned. “Subsection” means a subsection of the section in which the term occurs unless some other section is specifically mentioned.
(b) Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of this Title.
(c) Illustrations. In case of any differences of meaning or implication between the text of any section or chapter and any illustration, the text shall control. (d) Gender. The masculine gender includes the feminine and neuter. (e) Number. The singular number includes the plural, and the plural the singular. (f) Tense. The present tense includes the past and future tenses, and the future tense includes the present tense.
(g) Oath and Affirmation. “Oath” includes “affirmation”. (h) Shall and May. “Shall” is mandatory and “may” is permissive. (i) Signature or Subscription and Mark. “Signature” or “subscription” includes “mark” when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto. (j) Statutory References. Inclusion of Amendments and Additions. Whenever reference is made to any portion of the ordinance codified in this Title, or of any other ordinance of this CountyCity or of any law of this State, the reference applies to all amendments and additions now or hereafter made.
9-1-304 Definitions.
Unless otherwise specified, the following definitions shall be applicable throughout this
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5 Title: , whether capitalized or not. Defined terms, unless the context suggests otherwise, include all grammatical variations (such as different tenses, plurals, and possessives).
Abandoned Sign. “Abandoned sign” is defined in Section 9-17-102.
Abatement. “Abatement” means the correction or elimination of a violation of this Title.
Abatement, Involuntary. “Involuntary Abatement” means the correction or elimination of a use or condition of land constituting a violation of this Title by, under the direction of, or at the initial expense of the county.
Abatement, Subsequent. “Subsequent Abatement” means a second or subsequent determination of a violation of this Title within two (2) years from notification of violation of this Title on the same property.
Abatement, Voluntarily. “Voluntary Abatement” means the correction or elimination of a use or condition of land constituting a violation of this Title by the owner, other person in possession or control of the property, or designee after notification by the City that a violation of this Title exists and must be abated.
Abutting. “Abutting” means two (2) or more properties sharing a common boundary.
Access. “Access” means the right of an owner of land to go and return from his own land to a public road.
Access, Approved. “Approved accessAccess” means a way or means of approach to a parcel from either an abutting public road or from a private road, street, or right-of-way approved by the City.
Access, Restricted. “Restricted access” means that the right of access to a parcel has been dedicated to the City and that, as a consequence, a property owner no longer has a right to go to and from his property over that right-of-way line.
Accessory. “Accessory” means a building or a use that is compatible with, and incidental or subordinate to, the main structure or the main use of the land and is located on the same lot. For the purposes of Chapter 17 of Division 8 and Chapter 2 of Division 16., “Accessory structure” means a structure that is either: 1. Solely for the parking of no more than two (2) cars; or 2. A small, low-cost shed for limited storage, less than one hundred fifty (150) square feet and one thousand five hundred dollars ($1,500.00) in value.
Accessory Dwelling Unit. “Accessory Dwelling Unit” (also known as anor “ADU”) means an attached or a detached dwelling unit that provides living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary single-family dwelling. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also may be an efficiency unit, as provided for in Section 65852.22 of the California Government Code, and a manufactured home, as defined in Section 18007 of the California Health and Safety Code, provided that the standards of this Title are met. (a) “Attached ADU” means a new ADU constructed as a physical expansion (i.e., addition) of the primary dwelling that is attached to the Single-family Dwelling by one (1) or more common walls.
(b) “Converted ADU” means an ADU constructed within the interior of an Existing Structure that occupies part of the floor area of the Existing Structure. A Converted ADU does not include an ADU that would: (a) increase the height of an Existing Structure; (b) require removal of more than fifty (50) cubic yards of earth as part of the excavation of an Existing Structure; or (c) increase the floor area of the Existing Structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress. (c) “Detached ADU” means a new ADU that is located on the same lot as a
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6 Single-family Dwelling but does not share any walls with that dwelling. (d) “Interior ADU” means an ADU that is contained entirely within an existing Single-family Dwelling. See also “Junior Accessory Dwelling Unit.” Accessory Structure. “Accessory Structure” means a structure that is accessory and incidental to a dwelling unit located on the same lot.
Accessory Use. “Accessory Use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
Access, Restricted. “Restricted access” means that the right of access to a parcel has been dedicated to the City and that, as a consequence, a property owner no longer has a right to go to and from his property over that right-of-way line.
Additional Town Center Unit. “Additional Town Center Unit” means a dwelling unit which provides affordable housing opportunities for low-income and medium income persons in the Town Center of the Mountain House Community and which is not included in the calculations of residential densities as specified by the Mountain House Master Plan or by any of the various Specific Plans for the Mountain House Community.
Adjacent Land. “Adjacent land” means a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.
ADU Checklist. “ADU Checklist” means a form created by the Community Development Department listing all of the information that must be provided on plans submitted with building permit applications for ADUs and JADUs in order to have these plans accepted for plan check.
Adopted Mountain House Planning Documents. “Adopted Mountain House planning documents” is defined in Section 9-17-102.
Advertising Sign. “Advertising sign” is defined in Section 9-17-102.
Affordable Housing. “Affordable housing” means that housing which can be rented or purchased by those of moderate, low, and very low-incomes as specified in the California Code of Regulations (Title 25, Sections 6922 and 6924).
Agency. “Agency” means a public entity empowered to provide those services necessary to support a particular development.
Aggregate Base. “Aggregate base” means a mixture of sand and crushed rocks up to three-quarters inch (¾″) in size. It is also known as AB or road base.
Agricultural Land, Prime. “Prime agricultural land” means land that is classified as either “prime farmland,” “farmland of statewide importance, (sub-type non-grazing land),” “unique farmland,” or “farmland of local importance” by the Farmland Mapping and Monitoring Program.
Agricultural Operation. “Agricultural operation” means any land-related activity on agriculturally zoned lands whose purpose is cultivating or raising plants or animals, or conserving or protecting lands for such purposes, and is not a surface mining or burrow pit operation.
Agricultural Products. “Agricultural products” means the item that results from any operation or process that changes the form, flavor or consistency of produce. Agricultural products include, but are not limited to, condiments, pies, candied or flavored nuts, wine, and pickled peppers.
Agricultural Store, Large. “Large agricultural store” means a food establishment, housed in a permanent structure, whose primary economic activity is the sale of produce directly to local consumers and to tourists. Secondary economic activity includes the sale of agricultural products, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages for consumption on-site.
Agricultural Store, Small. “Small agricultural store” means a food establishment, housed
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7 in a permanent structure, whose primary economic activity is the sale of produce directly to local consumers and to tourists. Secondary economic activity includes the sale of agricultural products, sundries, prepackaged food and bottled or canned beverages for off-site consumption.
Agriculture. “Agriculture” means the growing of crops for food or fiber and/or the raising of animals for commercial purposes.
Airport. “Airport” means any landing area, runway, airstrip, or other facility designed, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, helicopters, and balloons, including all necessary taxiways, aircraft storage and tiedown areas, hangars, and other necessary buildings and open spaces.
Airport Hazard. “Airport hazard” means any structure, tree, or use of land which obstructs the required air space, or is otherwise hazardous to the flight of aircraft in landing or taking off at an airport.
Airport Hazard Area. “Airport hazard area” means any area of land or water upon which an airport hazard might be established if not prevented as provided in Division 16 of this Title.
Airport Imaginary Surface. “Airport imaginary surface” means those surfaces defined in Title 14, Subsection C of Part 77, of the Code of Federal Regulations, as amended.
Alley. “Alley” means a secondary means of access to property located at the rear or side of the property.
Alteration. “Alteration” is defined, for the purposes of Chapter 1 of Division 17, in Section 9-17-102.
Alternative Surfacing Materials. “Alternative surfacing materials” mean parking lot surfacing materials other than asphalt concrete or Portland cement concrete including, but not limited to, brick or cut (cobble) stone, treated or untreated aggregate base, treated or untreated gravel, or spraying the existing surface with water or dust palliatives.
Ambient Noise Level. “Ambient noise level” means the background noise level always present when isolated, identifiable sources are absent.
Annular Space. “Annular space” means the space between two concentric well casings or between the casing and the wall of the drilled hole.
Antenna. “Antenna” means, when used in association with the terms wireless telecommunication facilities or supporting equipment, any system of poles, panels, rods, reflecting discs or similar devices that transmits or receives radio frequency signals for commercial, wireless telecommunication establishments.
Antiquated Subdivision. “Antiquated subdivision” means a subdivision that: (1) was approved prior to October 1961, (2) is underdeveloped or only partially developed, and (3) could not be approved as a subdivision now because of more stringent or different requirements.
Apartment. “Apartment” means a room or suite of rooms in a multiple dwelling, designed for, intended for, and/or occupied by one (1) family.
Apartment House. “Apartment house” means a multiple dwelling with three (3) or more dwelling units.
Applicable Public Agency. “Applicable Public Agency” means a public agency or its successor that is the recipient of Public Land within the Mountain House Community and that is authorized to provide the infrastructure and services on said Public Land.
Approval. “Approval” means favorable action on a map or development project, with or without conditions by the Review Authority, prior to the expiration date specified by ordinance.
Previous favorable action on a map, development project, or time extension thereof which has expired does not constitute approval.
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8 Aquifer. “Aquifer” means a geologic formation, group of formations, or part of a formation that is water bearing and which transmits water in sufficient quantity to supply springs and pumping wells.
Arcade. “Arcade” means any establishment operating or exhibiting more than five (5) amusement devices. An amusement device is a machine operated for the purpose of gaming as a contest of skill, or for amusement, and for which a fee is charged to play.
Area Facilities Plan. “Area Facilities Plan” means a plan adopted by the City Council which shows the infrastructure facilities to be constructed and the geographical area which will benefit from such facilities. The Area Facilities Plan will include a spread of the cost of the improvements to the various properties within the plan service area.
Area of Benefit. “Area of benefit” means a geographical area which is created to spread the cost of a service or improvement.
Area of Special Flood Hazard. “Area of special flood hazard” means an area having special flood hazards as identified by the Federal Emergency Management Agency, the Federal Insurance Administration, or the Floodplain Administrator. (a) The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administrator are those areas indicated in a scientific and engineering report entitled “Flood Insurance Study for County of San Joaquin, November 1979,” as amended, and shown on the accompanying Flood Insurance Rate Maps as Zones A, A0, A1-30, AE, A99, or AH, or on the Floodway Maps as floodways; (b) The areas of special flood hazard identified by the Floodplain Administrator include those areas, not identified by the Federal Emergency Management Agency or the Federal Insurance Administration in Subsection (a), that the Floodplain Administrator considers a risk from flooding;
(c) The areas of special flood hazard are areas of floodway and flood fringe as defined in this ChapterTitle.
Asphalt Concrete. “Asphalt concrete” means a commercially premixed surfacing material using a black, bituminous tar like binding agent that is placed on top of a base material such as aggregate base, sand or concrete. It is also known as AC, blacktop, paving or asphalt.
Automotive Wrecking Yard. “Automotive wrecking yard” means any lot or portion of a lot used for the storage, salvaging, dismantling, or sale of two or more unregistered, inoperable motor vehicles.
Average FAR. “Average FAR” means the floor area ratio calculated by dividing the total Livable Area plus attached garage interior floor area by the total lot area for all lots subject to and included within a Model Home Master Plan
Attached ADU. “Attached ADU” means a new ADU constructed as a physical expansion (i.e., addition) of the primary dwelling that is attached to the Single-family Dwelling by one (1) or more common walls.
Balloon. “Balloon” means a large airtight bag that rises into the air when filled with a gas which is lighter than air.
Banner. “Banner” means a sign constructed of light weight, non-rigid materials with no enclosing framework.
Base Flood. See “Flood, Base.”
Basement. “Basement” means a story all or partly underground. A basement shall be counted as a story for purposes of height measurement if one-half (½) or more of its height is
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9 above grade.
Bedrock. “Bedrock” means the solid undisturbed rock in place either exposed at the ground surface or beneath surface deposits of loose rock or soil.
Bedroom. “Bedroom” means any room with a closet which meets the minimum Uniform Building Code requirements for egress, windows, and doorways.
Bench. “Bench” means a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.
Billboard. See definition for “Off-Premises Sign.”
Bikeway. “Bikeway” means a Class I bike path, a Class II bike lane, or a Class III bike route, or a bicycle commuter route.
Billboard. See definition for “Off-Premises Sign.”
Biologist, Qualified. “Qualified biologist” means any person who has completed at least four (4) years of training in wildlife biology or a related science and has demonstrated field experience in the identification and life history of the animal that is the subject of the survey.
Biomass Energy Production. “Biomass energy production” means the conversion of plant material or plant or animal waste to a useable source of energy for on-site use.
Block. “Block” means one (1) side of a street located between two (2) intersections.
Boarding School. “Boarding school” means a school providing both lodging and meals for its pupils.
Boutique Sale. “Boutique sale” means the sale of handcrafted items from residential property.
Buffer Zone. “Buffer Zone” means an area of land surrounding a hazardous waste facility and on which certain land uses and activities are restricted to protect the public health and safety and the environment from existing or potential hazards caused by the migration of hazardous waste.
Building. “Building” means any structure used for or intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
Building, Accessory. “Accessory building” means a subordinate building which is an incidental and related use to that of the main building or main use of the land on the same lot.
Building Coverage. “Building coverage” means the amount of land covered or permitted to be covered by a building, usually measured in terms of percentage of a lot.
Building Height. “Building height” means the vertical measure of a building from the average finished ground level of the building pad to the highest point of the roof.
Building, Main. “Main building” means the building or one of the buildings housing a principal use on a lot.
Building Official. “Building Official” means the Deputy Director of Building Inspection of the City of Mountain House, acting either directly or through his authorized deputies.
Building, Public. “Public building” means a building owned and operated by a public agency of the United States of America, the State of California, or any of their political subdivisions, districts, or municipal corporations.
Building Site. “Building site” means the ground area occupied or to be occupied by a building or a group of buildings together with all open spaces required by this Title.
Carport. “Carport” means a private garage not completely enclosed by walls or doors.
Casing. “Casing” means a tubular retaining structure which is installed in the bore hole to maintain the well opening.
Cathodic Protection Well. “Cathodic protection well” means any artificial excavation
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10 constructed by any means for the purposes of installing equipment or facilities for the electrical protection of metallic equipment in contact with the ground (commonly referred to as cathodic protection).
Cemetery. “Cemetery” means land used or intended to be used for the burial of animal or human dead and which is dedicated for cemetery purposes, including columbaria, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
Chip Seal. “Chip seal” means a layer of aggregate base covered by a layer of liquid asphalt topped with a layer of pea size gravel.
City. “City” means the City of Mountain House.
City Council or BoardCouncil. “City Council” or “Council” means the City Council of the City of Mountain House.
City Engineer. “City Engineer” means the City Engineer of the City.
City Maintained Road. “City maintained road” means a road for which the City has accepted rights-of-way and maintenance responsibilities.
Civil Engineer. “Civil engineer” means a professional engineer registered as a civil engineer by the State of California.
Class I Bike Path. “Class I bike path” means a path where bicycle travel is the designated use and which is separated from the vehicular network to provide the greatest degree of physical safety for the cyclist.
Class II Bike Lane. “Class II bike lane” means a path where bicycle travel is the designated use and which consists of a separate marked lane within a roadway, with guide signs and pavement markings along the way.
Class III Bike Route. “Class III bike route” means a path where bicycle travel is the designated use and which is signed only, with the cyclist sharing the right-of-way with motorists.
Clearance. “Clearance” means the smallest vertical distance between grade and the lowest point of any sign, including any structure or framework and embellishments extending over the grade.
Club. “Club” means an association, whether incorporated or unincorporated, of persons organized for some common nonprofit purpose, not including a group organized solely or primarily to render a service customarily carried on as a business.
Collocation. “Collocation” means the sharing of a wireless telecommunications support structure between two (2) or more service providers.
Commercial Cannabis Activity. “Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products or any other activity provided for in Medicinal and Adult Use Cannabis Safety and Regulation Act.
Commercial Coach. “Commercial coach” means a structure transportable in one (1) or more sections, designed and equipped for human occupancy for industrial, professional, or commercial purposes; required to be moved under permit; and not intended to be used as a residence for human habitation.
Commercial Project. “Commercial project” means a development project which involves the distribution and sale or rental of goods and/or the provision of services.
Common Interest Development. “Common interest development” means any of the following:
(a) A community apartment project (apartment).
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11 (b) A condominium project.
(c) A planned development.
(d) A stock cooperative.
Compaction. “Compaction” means the increase of density of a soil or rock fill by mechanical means.
Condominium. “Condominium” means a subdivision as defined in Civil Code Section 1350.
Consistency. “Consistency” means conformity to.
Construction. “Construction” means the construction, erection, enlargement, alteration, conversion or movement of any building, structure or land, including scientific surveys.
Contamination. “Contamination” means an impairment of the quality of waters to a degree which creates a hazard to the public health through poisoning or the spread of disease.
Contamination shall include any equivalent effect resulting from the disposal of waste, whether or not water of the City is affected.
Contiguous. Except as modified by Chapter 21 of Division 8, “contiguous” means to be in actual contact, touching, bounded or traversed by, even though separated by roads, streets, easements, or railroad rights-of-way. In Chapter 21 of Division 8, “contiguous” means parcels or units of land which share a common boundary.
Contour. “Contour” means a line representing the configuration of the ground at a certain elevation.
Convalescent Home. See “Nursing Home.”
Converted ADU. “Converted ADU” means an ADU constructed within the interior of an Existing Structure that occupies part of the floor area of the Existing Structure. A Converted ADU does not include an ADU that would: (a) increase the height of an Existing Structure; (b) require removal of more than fifty (50) cubic yards of earth as part of the excavation of an Existing Structure; or (c) increase the floor area of the Existing Structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress.
Coop. “Coop” means a cage or pen for poultry or other fowl.
Corral. “Corral” means a space, other than a building, less than one (1) acre in area used for the confinement of animals.
Court. “Court” means an open, unoccupied space, other than a yard, located on the same lot with a building or buildings and bounded on two (2) or more sides by such building or buildings.
Cul-de-sac Street. “Cul-de-sac street” means a road open at one end only, with special provisions for turning around at the opposite end.
Cultivator License. “Cultivator license” means a license issued by the City to plant, grow, harvest, dry, cure, grade, or trim cannabis and who holds an authorized Annual State License with an A-License or M-License designation.
Cut. See “Excavation.”
Cutoff. “Cutoff” means the point at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cutoff) at a specific angle above the ground.
Cutoff Angle. “Cutoff angle” means the angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from the light source, above which no light is emitted.
Dairy. “Dairy” means any premises where milk is produced for sale or distribution and
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12 where two (2) or more cows or six (6) or more goats are in lactation.
Days. “Days” means calendar days.
Dedicate, Dedicated, and Dedication. “Dedicate, dedicated, and dedication” (and its derivations) means the legal process of transferring, whether by grant deed, certification on a subdivision map, or otherwise, Public Landland to an Applicable Public Agencya public agency.
Density Bonus. “Density bonus” means an increase in residential units over the maximum number of normally allowed units within a residential General Plan designation.
Density Bonus Unit. “Density Bonus Unit” means an additional residential dwelling unit which is not included in the calculations of residential densities specified by the Mountain House Master Plan or by any of the various Specific Plans for the Mountain House Community and which is permitted to be constructed as part of a residential development in the Mountain House Community, provided said development satisfies the conditions specified in Chapter 9-3154 of Division 3.
Department. “Department” means the City of Mountain House Community Development Department.
Depth of Fill. “Depth of fill” means the vertical dimension from the exposed fill surface to the original ground surface.
Design. “Design” means standards related to the following:
(a) Street alignments, grades, and widths;
(b) Drainage and sanitary facilities, utilities, and flood control projects, including sizes, alignments, and grades thereof;
(c) Location and size of all required easements and rights-of-way (existing or future); (d) Fire roads and firebreaks;
(e) Lot size and configuration;
(f) Access;
(g) Grading;
(h) Land to be dedicated for park or recreational purposes; (i) Land to be dedicated for public access to public resources; and (j) Such other specific physical requirements as may be necessary to ensure consistency with, or implementation of, the General Plan or an applicable Specific Plan or Special Purpose Plan.
Design Standards. “Design standards” means the design requirements established by the City Council by resolution and applicable at the time of approval of a project.
Detached ADU. “Detached ADU” means a new ADU that is located on the same lot as a Single-family Dwelling but does not share any walls with that dwelling.
Developer. “Developer” means, for purposes of the Mountain House Development Title, the legal or beneficial owner or owners of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land, and any successor in interest thereto.
Development. “Development” means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of the land. For the purposes of Chapter 17 of Division 8 and Chapter 2 of Division 16 “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
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13 Development Agreement. “Development Agreement” means a written agreement between the City and a person having a legal or equitable interest in real property for the development of that real property as provided in Chapter 9-1300Division 13 and Government Code Section 65864 et seq.
Development Permit. “Development Permit” means any discretionary or ministerial permitDiscretionary Permit or Ministerial Permit required for a project.
Development Project. “Development project” means any project for which a discretionary permit is required, excluding General Plan amendments, ordinance text changes, rezonings, Specific Plans and Specific Plan amendments, and Special Purpose Plans and Special Purpose Plan amendments.
Director. “Director” means the City Manager or his or her designee.
Director of Public Works. “Director of Public Works” means the Director of the Department of Public Works of the City or the Director’s designee.
Discretionary Permit. “Discretionary permit” means any permit required before the development or use of real property can proceed, in which the Review Authority may approve, deny, or approve subject to conditions, said permit. Discretionary permitsPermits do not include, but are not limited to, Major and Minor Subdivisions, Use Permits, Variances, Zone Reclassifications, and Site Approvals legislative approvals, such as approvals of, or amendments to, General Plans, Master Plans, Specific Plans, Special Purpose Plans, ordinance text changes, or rezonings.
Disposal. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent of the waste may enter the ground, be emitted into the air, or be discharged into any waters, including groundwater.
Distributor License. “Distributor license” means a license issued by the City to procure, sell, and transport cannabis and cannabis products who holds an authorized Annual State License with an A-License or M-License designation.
District. “District” means any special district empowered to operate and maintain water or wastewater infrastructure.
Dock, Private. “Private dock” means a dock or basin providing water dockage for small craft for use by only the property owner, adjacent property owners or club members.
Drainage Facility. “Drainage facility” means any structure or feature, either natural or artificial, which causes or allows water to flow intermittently or continuously from one place to another and which lies partly or wholly along, within, or across any CountyCity highway or that affects any CountyCity highway.
Drip Line. “Drip line” means an area delineated by projection of the periphery of the crown area of a tree down to the ground surface.
Dwelling. “Dwelling” means any building or portion thereof which contains one or more dwelling units.
Dwelling, Multiple-Family. “Multiple-family dwelling” means a building arranged or designed to contain three (3) or more dwelling units.
Dwelling, Second Unit. “Second unit dwelling” means a detached or attached dwelling unit, not including a mobile home, that is located on the same parcel as a primary single-family dwelling, is clearly subordinate in size to said primary single-family dwelling, and is subject to the requirements specified in Chapter 13 of Division 8.
Dwelling, Single-Family. “Single-family dwelling” means a building arranged or
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14 designed to contain one (1) dwelling unit, not including mobile homes that are not on permanent foundations.
Dwelling Unit. “Dwelling unit” means any building or portion thereof containing living facilities, including provisions for sleeping, eating, cooking, and sanitation for no more than one family.
Easement. “Easement” means the right to use another’s property. Easements are usually over a defined area and for a specific use such as public utilities, drainage facilities, roads, sewers, or access.
Eave. “Eave” means the projecting lower edges of a roof overhanging the wall of a building.
Educational Animal Project. “Educational animal project” means an animal husbandry activity which is under the supervision of an educationally oriented youth program or organization connected to a school or nonprofit organization.
Efficiency Kitchen. “Efficiency Kitchen” (also known as a “kitchenette” or “partial kitchen”) means an area with a kitchen sink, cooking appliance and refrigeration facilities and a clear working space of not less than thirtythat meets the requirements of subdivision (30f) inches in depthof Government Code section 66333.
Efficiency Unit. “Efficiency Unit” means a small dwelling unit with a minimum floor area of two hundred twenty (220) square feet and a kitchen or Efficiency Kitchen, living and sleeping areas, a separate bathroom, and a separate closet that meets all Building Code requirements for such unitshas the meaning set forth in subdivision (c) of Government Code section 66313.
Electrified Security Fence. An “Electrified Security Fence” is a permanent fence with a battery powered, low voltage, pulsed current that conforms to the 2006 International Standards and Specifications of the International Electrotechnical Commission for electric fence energizers (International Standard IED 60335, Part 2-76). No electrified security fence shall be installed unless there is an outer protective barrier a minimum of six (6) feet in height located between the property line and the electrified security fence.
Embankment. See “Fill.”
Emergency Work. “Emergency work” means the use of any machinery, equipment, vehicle, manpower or other activity in a short term effort to protect, or restore safe conditions in the community, or work by private or public utilities when restoring utility service.
Encroachment. “Encroachment” means the act of constructing, excavating, improving, or installing improvements within the City right-of-way. “Encroachment” also means the improvement, excavation, or facility constructed or installed within the City right-of-way.
Encroachment Permit. “Encroachment Permit” means a written permit issued by the Department of Public Works authorizing certain work within a publicly maintained right-of-way.
Enforcement Official. “Enforcement Official” means, the Director of the Community Development Department, the Director of the Environmental Health Department, the Agricultural Commissioner, the City Manager or their deputy or employee, or any person authorized by law or ordinance.
Engineering Geologist. “Engineering Geologist” means a registered geologist certified as an Engineering Geologist by the State of California.
Environmental Impact. “Environmental impact” means projected long-term or short-term effects (adverse or beneficial) which a development project or plan may have on the natural and built environment if the project is carried out.
Environmental Review Officer. “Environmental Review Officer” means the Director or
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15 the Director’s designee.
Equivalent Sound Level (Leq). “Equivalent sound level” or “Leq” means the sound level containing the same total energy as a time-varying sound level over a given sample period, typically computed for a one (1) hour sample period.
Erosion. “Erosion” means the wearing away and transportation of earth material as a result of the movement of wind, water, or ice.
Establishment. “Establishment” means a single, physical location at which economic activity occurs, such as a store, a factory or a farm.
Evacuation Plan. “Evacuation Plan” means a plan for the evacuation of mobile homes and recreational vehicles in existing mobile home parks, or for the evacuation of existing and proposed recreational vehicle parks, during time of flood hazards.
Existing Manufactured Home Park or Subdivision. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 3, 1980.
Existing Structure. “Existing Structure” means, for purposes of Chapter 13 of Division 8, Residential Accessory Dwelling Units, an existing Single-family Dwelling (including all fully enclosed areas such as a partial basement, attic, or an attached garage) or other Accessory Structure that can be safely converted into habitable space under building and fire codes.
Exotic Animals. “Exotic animals” mean animals generally considered wild or not normally domesticated, including, but not necessarily limited to, chinchillas, foxes, wolves and wolf-dog hybrids, and game animals.
Expansion to an Existing Manufactured Home Park or Subdivision. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Expansive Soil. “Expansive soil” means any soil which exhibits significant expansive properties as determined by a Geotechnical Engineer or the Building Inspector.
Family. “Family” means one (1) individual or more than one (1) individual related by blood or marriage or a group of not more than five (5) individuals not related by blood or marriage, excluding servants, living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
Family, Immediate. “Immediate family” means individuals related by blood, marriage, or adoption who personally or through a spouse are in a direct line of descent from another family member. Family Food Production. “Family food production” means the raising or keeping of small animals or fowl on the same lot as the primary residence of the family.
Farm Cooperative. “Farm cooperative” means a group of two (2) or more growers or producers who associate for the purpose of selling farm produce for the mutual benefit of its members.
Farm Employee Housing. “Farm employee housing” means any housing provided exclusively for temporary, seasonal, or permanent occupancy by agricultural employees and their immediate families, as defined in Section 1140.4 of the California Labor Code.
Farm Employee Housing, Large. “Large farm employee housing” means farm employee housing consisting of thirty-seven (37) or more beds in a group quarters used exclusively for farm
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16 employees, or thirteen (13) or more units or spaces designed for use by a single-family or household.
Farm Employee Housing, Small. “Small farm employee housing” means farm employee housing consisting of no more than thirty-six (36) beds in a group quarters used exclusively for farm employees, or twelve (12) units or spaces designed for use by a single-family or household.
Farm Employee Housing, Temporary. “Temporary farm employee housing” means farm employee housing used in conjunction with work performed on the site or on property owned or leased by the owner for no more than eight (8) weeks per year.
Fee Per Lot Square Foot. “Fee per lot square foot” means that fee component of the Affordable Housing Impact Fee that is applied to the net parcel area of a residential parcel.
Feedlot. “Feedlot” means a pen, corral, shelter, or other similar confinement used exclusively to fatten animals for market and in which supplemental feeding is provided.
Fence. “Fence” means a wall or barrier constructed of boards, masonry, wire, or any other material for the purpose of enclosing space or separating parcels of land. The term “fence” does not include retaining walls but does include fence gates and gateposts.
Fence, Open. “Open fence” means a fence constructed of materials which allow a clear view between the property that is fenced and a road or adjoining properties. Materials used to build an open fence may include wire, wood rails, chain link, and wrought iron.
Fill. “Fill” means the deposit of soil, rock, or other materials placed by man and includes the conditions resulting therefrom.
Final Grade. “Final grade” means the elevation of a property or portion thereof upon the completion of grading or excavation.
Final Map. “Final map” refers to the map or recording instrument for Major Subdivisions of land as described in Chapter 9-91019 of Division 8. The final map must be in substantial compliance with the approved tentative map. A final map filed with the County Recorder may also be used to effect an approved tentative map for a Minor Subdivision at the option of either the subdivider or the City.
Findings. “Findings” means a set of conclusions required before specified permits or other entitlements may be granted by the Review Authority.
Finish Grade. “Finish grade” means the final elevation of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.
Fireworks. “Fireworks” means and includes any combustible or explosive composition or any substance or combination of substances or articles prepared for the purpose of producing a visible or an audible effect by combustion, explosion, deflagration or detonation, including fireworks classified by the Health and Safety Code as “dangerous fireworks”. This definition does not include ammunition used for target shooting or hunting, nor does it include what is ordinarily known as cap pistol caps.
Flag. “Flag” means a piece of cloth or bunting, often attached to a staff, representing emblems of the USA, State of California, or civic, philanthropic, educational, or religious organizations, when not used for advertising.
Flag Lot. See “Lot, Flag.”
Flea Market. “Flea market” means a building or portion of a building where individual market stalls or spaces are provided for persons to display, buy, sell, exchange, or deal in new or used goods.
Flood or Flooding. “Flood” or “flooding” means a general and temporary condition of
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17 partial or complete inundation of normally dry land areas.
Flood Control Engineer. “Flood control engineer” means the engineer appointed by the City Council to supervise and administer the City of Mountain House Flood Control and Water Conservation District, and shall be the Director of Public Works.
Flood Control Facilities. “Flood Control Facilities” means levees, dredger cuts, retention basins, dams, and flood channels.
Flood Elevation. “Flood elevation” means the elevation of the water surface of the one hundred (100) year flood shown on the Flood Insurance Maps or the elevation of flood water in an area having a one percent (1%) or greater probability of flood in any given year, as determined by the Floodplain Administrator.
Flood Fringe. “Flood fringe” means the area of the one hundred (100) year flood, exclusive of the floodway, as shown on the Flood Insurance Maps and any area determined by the Floodplain Administrator to have a one percent (1%) or greater probability of flood in any given year.
Flood Hazard. “Flood hazard” means the danger of damage to persons or property from overflow water resulting from a one hundred (100) year flood or from the accumulation or flow of water determined to be hazardous by the Floodplain Administrator.
Flood Height. “Flood height” means the depth of the flood water during the one-hundred (100) year flood, computed as the difference between the elevation of the one hundred (100) year flood water surface and the elevation ground surface at a given point in the flooded area.
Flood Insurance Maps. “Flood Insurance Maps” means those maps submitted to the City by the Federal Emergency Management Agency as part of a report entitled “Flood Insurance Study for County of San Joaquin, November 1979,” as amended and any subsequent amendments and/or revisions. The maps include the Flood Insurance Rate Maps and the Floodway Maps.
Flood Insurance Rate Map or FIRM. “Flood Insurance Rate Map” or “FIRM” means the official map in which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City (e.g., AO, AH, etc.).
Flood Insurance Study. “Flood insurance study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water sur-face elevations submitted to the City by the Federal Emergency Management Agency as part of a report entitled “Flood Insurance Study for County of San Joaquin, November 1979,” as amended and any subsequent amendments and/or revisions.
Flood Variance. “Flood variance” means a grant of relief from the requirements of Chapter 2 of Division 16 of this Title that permits construction in a manner that would otherwise be prohibited by said chapter. (See Section 9-8-1701 for Flood Variance application.) Floodplain Administrator. “Floodplain Administrator” means the person appointed by the City Council to administer and implement the flood prevention provisions of this Title, as described in Division 16 of this Title.
Floodplain Encroachment Permit. “Floodplain Encroachment Permit” means a permit issued by the Department of Public Works for any project that would alter a watercourse.
Floodplain Management. “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage.
Floodproofing. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments which reduce or eliminate flood damage to properties, utilities, structures, and their contents.
Floodway. “Floodway” means:
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18 (a) The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one hundred (100) year flood without cumulatively increasing the water surface elevation more than one (1) foot;
(b) The floodway shown on the Flood Insurance Maps;
(c) The designated floodway of the State Reclamation Board, if the Flood Insurance Maps do not indicate the floodway;
(d) The river or other watercourse itself, between its levees or banks, to the elevation of the one hundred (100) year flood, if the Flood Insurance Maps do not indicate the floodway and the State Reclamation Board has not established a designated floodway; or (e) The channel necessary to carry a flood with a one percent (1%) or greater probability of occurring in any given year established by the Floodplain Administrator, if the above criteria do not determine the floodway.
Floor Area. “Floor area” means the usable area of a building or portion thereof, under the horizontal projection of the roof or structural membrane, excluding garages, carports, porches, patios, courts and vent shafts.
Floor Area Ratio. “Floor area ratio” means the gross floor area of all buildings on a lot divided by the lot area.
Food Establishment. “Food establishment” means any location or portion thereof, any room or any building that is maintained, used or operated for the purpose of storing, preparing, packaging or otherwise handling food that is engaged in retail trade.
Food Preparation. “Food preparation” means packaging, processing, assembling, portioning or any operation which changes the form, flavor or consistency of food, but does not include the trimming of produce.
Forty-Five Degree (45°) Clear. “Forty-five degree (45°) clear” means that all points on a structure must not touch an imaginary line drawn at a forty-five degree (45°) angle from the nearest right-of-way line or property line, as applicable.
Freestanding Structure. “Freestanding structure” means a monopole, lattice tower, or other vertical support which is not a building, that is used for wireless telecommunication, or radio or television broadcasting.
Frontage. “Frontage” means that side of a lot which abuts a public road, or waterway if so specified.
Frontage, Primary. “Primary frontage” means that side of a lot abutting a street where the main building entrance is located and in the general direction in which the principal building faces.
Frontage Road or Service Road. “Frontage road” or “service road” means a road immediately adjacent to a freeway, expressway, or arterial. The frontage road provides access to local properties that would otherwise front on the freeways, expressways, or arterials.
Frontage, Secondary. “Secondary frontage” means that side of a lot abutting a street which is to the side or in the opposite direction from which the principal building faces.
Garage, Private. “Private garage” means either: (a) a building or portion of a building, not more than one thousand (1,000) square feet in area, in which motor vehicles or pleasure type vehicles used by the owners or tenants of the building or buildings are stored or kept, or (b) a building or a portion of a building up to three thousand (3,000) square feet in area which meets the special area provisions for private garage contained in the latest edition of the Uniform Building Code as adopted by the City. The building shall be without separate gas and electrical services.
Garage Sale. “Garage sale” means the sale of household articles or personal possessions incidentally accumulated during normal and conforming residential use of the property on which
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19 the sale is held.
General Plan. “General Plan” means the official document consisting of maps and text adopted by the City as a policy guide to decisions pertaining to the physical development of the City. It is the City’s statement of goals, policies, and actions necessary for orderly development and growth and thereby serves as a guide for many public decisions, especially land use changes, preparation of capital improvement programs, enactment of growth accommodation legislation, and imposition of impact fees.
Geotechnical Engineer. “Geotechnical engineer” means a civil engineer registered by the State of California who is qualified in the field of soil mechanics and soil engineering and has the authority to use the title “soil engineer.”
Geotechnical Engineering. “Geotechnical engineering” means the application of the principles of soil mechanics in the investigation, evaluation, and design of civil works involving the use of earth materials and may include the inspection, testing, and construction thereof.
Grade. “Grade” means the elevation of a specified surface or the degree of rise or descent of a sloping surface.
Grade, Existing. “Existing grade” means the elevation of the ground surface at a given point prior to excavating or filling.
Grade, Natural. “Natural grade” means the elevation of the ground surface in its natural state, before man-made alterations.
Grading. “Grading” means any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.
Grading Excavation. “Grading excavation” means the levelling or excavating of property where:
(a) The final grade has an average elevation equal to or greater than the natural grade, or
(b) The final grade has an average elevation equal to or greater than the existing grade, if the natural grade cannot be determined.
Grading Plan. “Grading Plan” means a plan prepared in accordance with Division 14 which shows excavation and reclamation work.
Ground Water. “Ground water” means that part of the subsurface water which is in the zone of saturation.
Group Care Facility. “Group care facility” means a facility authorized, certified, or licensed by the State of California to provide nonmedical residential care and supervision on a twenty-four (24)-hour a day basis to either mentally disordered or otherwise handicapped persons, to dependent and neglected children, or to aged individuals.
Group H Occupancies. “Group H Occupancies,” as defined by the Uniform Building Code, mean buildings or structures, or portions thereof, that involve the manufacturing, processing, generation, or storage of materials that constitute a high fire, explosion, or health hazard, including semi-conductor fabrication.
Grout. “Grout” means a fluid mixture of cement or other approved material and water of a consistency that can be forced through a pipe and placed as required to form a watertight seal.
Various additives, such as sand, bentonite, and hydrated lime, are used to meet certain requirements. For example, sand is added when a considerable volume of grout is needed.
Guesthouse. “Guesthouse” means a separate dwelling structure, not exceeding four hundred (400) square feet, located on a lot with one or more main dwelling structures, used for housing guests or servants, not containing kitchen facilities, and not rented, leased, or sold
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20 separately from the rental, lease, or sale of the main dwelling.
Habitat. “Habitat” means the natural environment of a plant or animal.
Hazardous Materials. “Hazardous materials” means any substance, waste, or material defined as an “extremely hazardous waste” or “hazardous waste” by Section 25115 or 25117 of the California Health and Safety Code, and any material listed or cited in Section 66680 of Title 22 of the California Administrative Code. As used herein, “hazardous material” shall also include any substance, waste or material which meets any of the following criteria:
(a) Toxic: capable of producing injury, illness, or damage to humans, livestock, or wildlife through ingestion, inhalation, or absorption through any body surface; (b) Corrosive: capable of destroying by chemical action living tissue through contact; (c) Irritants: capable of causing a local inflammatory reaction; (d) Strong sensitizers: capable of causing allergic or hypersensitive reactions; or (e) Flammable: capable of burning during normal handling and which may produce harmful gas or particles.
“Hazardous waste” means any waste, or combination of wastes, as specified in Title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical, or infectious characteristics may either:
(a) Cause, or significantly contribute to, an increase in mortality or an increase in serious, irreversible, or incapacitating, reversible illness; or (b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, trtransported, disposed of, or otherwise managed. The term “hazardous waste” shall include extremely hazardous waste and acute hazardous waste.
Hazardous Waste Facility. “Hazardous waste facility” means any structure, other appurtenance, improvements on the land, and all contiguous land used for the treatment, storage, disposal, resource recovery, transfer, or recycling of hazardous wastes. It may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combination of these units.
Heliport. “Heliport” means an area of land or water or a structural surface which is used, or intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.
Heritage Oak Tree. “Heritage oak tree” means a native oak tree that has a single trunk diameter of thirty-two (32) inches or greater measured at four and one-half (4½) feet above the average ground elevation of the tree.
Highest Adjacent Grade. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed wall of a structure.
Historic District. “Historic district” means an integrated group of structures or an area which holds special historical interest or value.
Historic Resource. “Historic resource” means any object, building, structure, site, area, or place which is historically or archaeologically significant, or which is significant in the aesthetic, architectural, cultural, engineering, scientific, economic, agricultural, educational, social, political, or military annals of California, San Joaquin County, or local communities.
Historic Structure. “Historic Structure” means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as
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21 contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
Historical Tree. “Historical tree” means any tree or group of trees given special recognition because of the size, age, location, or history. Designation of historical trees shall be made by the Planning Commission following a Public Hearing.
Hog Farm, Hog Farming. “Hog farm” or “hog farming” means the keeping or raising of six (6) or more swine.
Home Occupation. “Home occupation” means any occupation which is customarily or ordinarily conducted within a dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the residential character or design of the dwelling.
Homeowner’s Association. “Homeowner’s association” means a community association, composed of individual owners of a development, which is created for the purpose of holding title to common property, managing and maintaining the common property, and/or enforcing certain covenants and restrictions for the overall benefit of its members.
Homesite Parcel. “Homesite parcel” means a parcel between two and five acres in size (ten acres for property under Williamson Act contract) which has been split from a parcel designated General Agriculture on the General Plan to serve as a building site for a home.
Hospital, Small Animal. “Small animal hospital” means any structure or facility used for treating, boarding, or otherwise caring for domesticated animals or birds commonly accepted as household pets.
Hotel. “Hotel” means a building containing guestrooms providing transient lodging accommodations for compensation.
Household, Low-income. “Low-income household” means a household which meets the qualifications for Low-income Household as defined in Section 50079.5 of the Health and Safety Code.
Household, Median Income. “Median income household” means a household which meets the qualifications for Median Income Household as defined in Section 50093 of the Health and Safety Code.
Household, Very Low-income. “Very low-income household” means a household which meets the qualifications for Very Low-income Household as defined in Section 50105 of the Health and Safety Code.
Household Pets. “Household pets” means animals ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and birds.
Improvement Plans. “Improvement plans” means plans, profiles, specifications, and engineering estimates of improvement cost, and all necessary details of the improvement proposed for installation or modification.
Improvements. “Improvements” means additional roadway, drainage, water, and wastewater facilities required to adequately serve development projects. (a) Roadway improvements may include, but are not limited to, grading, pavements, curbs and gutters, sidewalks, driveways, bridges, traffic signals, roadway lighting, signs, or
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22 roadway landscaping.
(b) Drainage improvements may include, but are not limited to, main pipelines, culverts, drainage inlets, connector pipes, manholes, channels, ponds, ditches, and appurtenances. (c) Wastewater improvements may include, but are not limited to, wells, main pipelines, service laterals, manholes, cleanouts, and appurtenances. (d) Water improvements may include, but are not limited to, main pipelines, service laterals, valves, meters, hydrants, and appurtenances.
“Improvements” also meanmeans specific facilities whose installation is necessary or desirable to ensure conformity to, or implementation of, the City General Plan, Special Purpose Plan, or Specific Plans.
Impulsive Noise. “Impulsive noise” means noise of short duration, usually less than one (1) second, with an abrupt onset and rapid decay, such as the discharge of firearms.
Individual. “Individual” means a born human being.
Industrial Project. “Industrial project” means a development project which involves the on-site production of goods or commodities and/or the processing of raw materials.
Infrastructure. “Infrastructure” means facilities and services needed to sustain industrial, residential, and commercial activities, including water, drainage, and sewer lines; streets and roads; communications; and public facilities.
Inoperative Vehicle. “Inoperative vehicle” means a vehicle that mechanically is incapable of being driven, including a vehicle which is missing any part essential for movement or where such essential parts are broken or defective; or a vehicle prohibited from being operated on a public street or highway pursuant to Sections 4000, 5202, 24002, or 40001 of the California Vehicle Code, concerning license plates, registration, equipment, safety and related matters.
Intensity, Building. See “Building Intensity.”
Interior ADU. “Interior ADU” means an ADU that is contained entirely within an existing Single-family Dwelling. See also “Junior Accessory Dwelling Unit.” Junior Accessory Dwelling Unit. “Junior Accessory Dwelling Unit” (also known as a “Junior ADU” or “JADU”) means an Accessory Dwelling Unit that is not more than five hundred (500) square feet and contained entirely within a Single-Family Dwelling. A JADU may include separate sanitation facilities or may share sanitation facilities with the Existing Structure.
Junk. “Junk” means, but is not limited to, any cast-off, damaged, discarded, junked, salvaged, scrapped, worn out or wrecked, thing or material including magazines, books, cardboard boxes, wood boxes, scrap lumber, trash, litter, refuse, paper, glass, cans, bottles, rags, ashes, trimmings from lawns, trimmings from plants, trimmings from trees, discarded furniture, scrap metal, used tires, materials from demolition or alteration or construction of buildings or structures, or solid waste.
Kennel. “Kennel” means a place where four (4) or more dogs, or four (4) or more cats, over four (4) months of age are kept for commercial or noncommercial purposes, but excludes animal control shelters operated by governmental agencies or to veterinary hospitals.
Kitchen. “Kitchen” means any room, all or any part of which is designed or used for cooking and preparation of food.
Land Area, Net. “Net land area” means the gross lot area of a site, less the land area required for roads and off-street parking facilities.
Land Voucher. “Land Voucher” means a document given in exchange for acreage in fulfillment of the requirements of the Public Land Equity Program.
Leq. See the definition for “equivalent sound level (Leq).”
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23 Limited Retail Sales. “Limited retail sales” means the sale of items other than fresh produce and shell eggs. Limited retail sales areas are limited to one hundred fifty (150) square feet of the floor area for a small agricultural store and five hundred (500) square feet of floor area for a large agricultural store.
Livable Area. “Livable area” means the area within the outside walls of a residential unit, whether attached or unattached, but not including unfinished garages, unfinished basements, porches, or storage facilities not accessible from the interior of the residential unit.
Living Area. “Living Area” (also known as “habitable area”) means the interior area of a dwelling unit used for living, sleeping, eating, cooking, bathing, washing, and sanitation purposes, but does not include a garage or any accessory structure and storage or utility spaces and similar area that are not considered habitable spaces as defined by the Building Code.
Loading Space. “Loading space” means an off-street space or berth used for loading or unloading commercial vehicles.
Lot. “Lot” means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.
Lot, Corner. “Corner lot” means a lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees.
Lot, Flag. “Flag lot” means an “L”-shaped or “T”-shaped lot in which one arm of the lot fronts on a public road and is used solely as a driveway.
Lot, Interior. “Interior lot” means a lot other than a corner lot.
Lot, Reverse Corner. “Reverse corner lot” means a corner lot in which the rear yard abuts the side yard of an interior lot.
Lot Area. “Lot area” means the total horizontal area included within the property lines of a lot.
Lot Area, Gross. “Gross lot area” means the total lot or parcel area within the lot lines of a lot, including existing and/or proposed rights-of-way.
Lot Area, Net. “Net lot area” means the total lot or parcel area within the lot lines of a lot, excluding the land area required for roads and off-street parking facilities.
Lot Depth. “Lot depth” means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
Lot Line. “Lot line” means a line of record bounding a lot which divides that lot from another lot or from a public or private street or any other public space.
Lot Line, Front. “Front lot line” means the lot line separating an interior lot from a street.
For flag lots, the front lot line is defined as follows:
(a) Where a lot’s driveway will not be needed to serve more than one parcel, “front lot line” means the lot line closest to the public street, excluding the lot lines defining the driveway; (b) Where a lot’s driveway may be needed as part of a future public road, “front lot line” means a line extended from the end of the driveway straight through the parcel which will be parallel to the rear lot line and nearest to the location of the proposed dwelling.
Lot Line, Rear. “Rear lot line” means the lot line opposite and most distant from the front lot line; or, in the case of triangular or otherwise irregularly shaped lots, a line of no less than ten (10) feet in length within the lot, parallel to and at a maximum distance from, the front lot line.
Lot Line, Side. “Side lot line” means any lot line other than a front or rear lot line.
Lot Line Adjustment. “Lot Line Adjustment” means a minor relocation of a property line between the existing parcels which would create no new parcels.
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24 Lot Size. “Lot size” means the gross or net lot area calculated for a particular parcel. For parcels in agricultural zones, lot size means gross lot area. For parcels in all other zones, lot size means net lot area.
Lot Width. “Lot width” means the distance between the side lot lines, measured at such distance back from the front lot line as is required for the depth of the front yard.
Lowest Floor. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).
(a) An unfinished or flood-resistant enclosure below the lowest floor that is useable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor, provided it conforms to applicable non-elevation design requirements, including, but not limited to:
(1) The wet floodproofing standard in Section 9-16-212(d). (2) The anchoring standards in Section 9-16-210.
(3) The construction materials and methods standards in Section 9-16-211. (4) The standards for utilities in Section 9-16-213.
(b) For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
Luminaire. “Luminaire” means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
Major Subdivision. “Major subdivision” means a subdivision of land creating five (5) or more parcels, five (5) or more condominiums, or a community apartment project containing five (5) or more units, unless otherwise excepted in the definition of a minor subdivision.
Manufactured Home. “Manufactured Home” means a structure transportable in one (1) or more sections that is built on a permanent chassis and is designed to be used as a dwelling, with or without a permanent foundation, when connected to utilities.
Manufactured Home Park or Subdivision. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
Marina. “Marina” means a facility for storing, servicing, fueling, berthing, and securing pleasure boats and which may include eating, sleeping, and retail facilities for owners, crews, and guests.
Marketing Event. “Marketing event” means the congregation of persons for the purpose of promoting the wine industry and marketing wine. Marketing events always include wine tasting and the sale of wine, and may include the selling and serving of beer. Activities or events include, but are not limited to: non-profit community fundraising, weddings, concerts, and/or any other event where the winery or off-site wine cellar facility is rented or otherwise made available to a second party and wine is served. Marketing events may include food service (but not in a way that is defined under the use type Eating Establishment, Convenience or Full-Service pursuant to Development Title Section 9-1-4-425).
Master Developer. “Master Developer” means Trimark Communities, a California general partnership, and any successor in interest thereto, in the case of Mountain House lands outside the Specific Plan III planning area. Otherwise, “Master Developer” means Gerry N. Kamilos, LLC, and any successor in interest thereto.
Master Specific Plan. “Master Specific Plan” or “Mountain House Master Specific Plan” or “Master Plan” means the policy document which presents policies, requirements and standards
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25 for the entire Mountain House Community and guides the preparation of subsequent Specific Plans, Tentative Maps, and other approvals required to implement the building of the Mountain House Community.
Maximum Sound Level (Lmax). “Maximum sound level” or “Lmax” means the maximum sound level recorded during a noise event.
Median. “Median” means that portion of a divided highway separating the traveled way for traffic in opposite directions. A median may be raised, landscaped, or painted.
Medical Marijuana Dispensary. “Medical Marijuana Dispensary” means any facility where medical marijuana is made available pursuant to Health and Safety Code Sections 11362.5 (the Compassionate Use Act of 1996) and Sections 11362.7 through 11362.83 (Medical Marijuana Program).
A medical marijuana dispensary shall not include the following uses, so long as such uses comply with this code, Health and Safety Code Section 11362.5 et seq., and other applicable law:
(a) A clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code. (b) A health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code.
(c) A residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code. (d) A residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code.
(e) A hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code.
Merger. “Merger” means the process in which the City initiates an action to combine contiguous parcels or units of land under the same ownership, pursuant to Article 1.5 (commencing with Section 66451.10) of the Government Code and Chapter 9-86321 of Division 8 of this Title.
Merger, Voluntary. “Voluntary merger” means the process in which an owner initiates an action to combine contiguous parcels of land owned by said owner, pursuant to Section 66499.20314 of the Government Code and Chapter 9-8-220122 of Division 8 of this Title.
Mined Lands. “Mined lands” means the surface and subsurface of land and groundwater of an area in which surface mining operations will be, are being, or have been conducted, including private roads appurtenant to any such area; land excavations; soil, rock, liquid, vegetation, equipment, or other materials or property resulting from or displaced by surface mining operations; and areas in which structures, facilities, equipment, or other materials that are used in surface mining operations are located.
Mineral Resources. “Mineral resources” means any naturally occurring chemical element or compound, or group of elements and compounds, formed from inorganic processes and from organic and inorganic substances and present in sufficient quantities to permit commercial extraction. Included in this definition are peat, bituminous rock and aggregate minerals; excluded are geothermal resources, natural gas and petroleum.
Minimum Parcel Size. “Minimum parcel size” means the smallest unit of land permitted through subdivision within a zoning designation, as outlined in this Title.
Minor Subdivision. “Minor subdivision” means a subdivision of land where:
(a) The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body; or
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26 (b) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a City maintained road, street, or highway; or (c) The land consists of a parcel or parcels of land which have approved access to a public road, street, or highway and which compose part of a tract of land zoned for industrial or commercial development and which have the approval of the governing body as to street alignments and widths; or
(d) The subdivision would create four (4) parcels or less, or condominiums or community apartments containing four (4) units or less; or (e) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter-section.
Mobile Home. See “Manufactured Home.”
Mobile Home, Caretaker. “Caretaker mobile home” means a mobile home which is used to provide complete living facilities for an individual whose presence on the property is necessary to prevent vandalism, pilferage, damage, or destruction to property, structures, or equipment located on the same parcel.
Mobile Home Park. “Mobile home park” means any parcel of land composed of a lot or contiguous lots used, designed, or intended to accommodate more than four (4) mobile homes but which does not include labor camps and labor supply camps.
Motel. “Motel” means a hotel as defined in this ChapterTitle.
Multi-Use Path. “Multi-use path” means a pedestrian path that safely accommodates both pedestrians and bicycles.
Native Oak Tree. “Native oak tree” means a valley oak (Quercus lobata) with a trunk diameter of six (6) inches to less than thirty-two (32) inches for a single trunk tree, or a combined trunk diameter of eight (8) inches or greater for a multi-trunk tree, measured four and one-half (4½) feet above the average ground elevation of the tree; or an interior live oak (Quercus wislizenii), California live oak (Quercus agrifolia), or blue oak (Quercus douglasii) with a trunk diameter of four (4) inches to less than thirty-two (32) inches for a single trunk tree, or a combined trunk diameter of six (6) inches or greater for a multi-trunk tree, measured four and one-half (4½) feet above the average ground elevation of the tree.
Natural Bank. “Natural bank” means the bank of a waterway that does not have a levee or that has a levee which does not provide protection from a fifty (50) year flood.
New Construction. “New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after October 3, 1980 and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 3, 1980.
Noise Contour. “Noise contour” means a line passing through points where the same sound intensity level prevails. Contours form bands of varying width emanating from a noise source.
Noise-Sensitive Land Uses. “Noise-sensitive land uses” mean uses included under the following use types: Residential, Administrative Offices, Child Care Services—Child Care Centers, Community Assembly, Cultural and Library Services, Educational Services—General, Funeral and Interment Services—Undertaking, Lodging Services, Medical Services, Professional
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27 Services, Public Services, Recreation—Indoor Spectator, and Religious Assembly.
Nonconforming Structure. “Nonconforming structure” means a building or structure which was legal when brought into existence but which does not conform to the current height, setback, or building intensity requirements of the zone where it is located.
Nonconforming Use. “Nonconforming use” means a use which was legal when brought into existence but does not conform to the current uses allowed or to the performance standards of the zone where it is located.
Nuisance. “Nuisance” means anything resulting from unreasonable or unlawful practices or from neglect which is or tends to be injurious to health, safety, or public welfare, including an accumulation of junk, or is so unsightly or offensive to the senses as to interfere with the comfortable enjoyment of life or property. Additionally, “nuisance” means “nuisance” as defined in County Ordinance Code Title 1 and any condition existing in violation of the Municipal Code, including this Title.
Nursing Home. “Nursing home” means a facility for the accommodation of convalescents or other persons who are not acutely ill or in need of hospital care, but who require skilled nursing care and related medical services, which is operated in conjunction with a hospital or in which such nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State.
Open Space, Common. “Common open space” means the total land area within a Planned Development (PD), not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents or occupants of the PD. Common open space includes swimming pools, putting greens, and other recreational-leisure facilities; areas of scenic or natural beauty and habitat areas; hiking, riding, or off-street bicycle trails; and landscaped areas adjacent to lands which are in excess of minimum required rights-of-way.
Open Space, Private. “Private open space” means the outdoor living area directly adjoining a dwelling unit or building which is intended for the private enjoyment of the residents or occupants of the dwelling unit or building and which is defined in such manner that its boundaries are evident.
Open Space, Public. “Public open space” means a continuous open space which is readily accessible to the public at all times and specifically designed for the use and enjoyment of the public.
Outdoor Activity Areas. “Outdoor activity areas” mean the outdoor recreation areas of noise-sensitive land uses. With respect to single-family dwellings, outdoor activity areas mean the rear yard, and/or side yard when the side yard is of a sufficient size to provide outdoor recreational opportunities, of said dwellings. With respect to multiple-family dwellings, outdoor activity areas mean the patios, balconies, common outdoor recreation areas, and swimming pool areas of said dwellings.
Outdoor Storage. “Outdoor storage” means the keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.
Outstanding Payments. “Outstanding payments” means any moneys owed to the City by an applicant for past work performed by the City or by the City’s consultant on a project submitted to the City for processing by said applicant.
Overburden. “Overburden” means all materials lying on top of mineral resources which must be removed in order to extract those resources.
Owner. “Owner” means the real party in interest in the property, or the holder of record title in the property.
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28 Owner-Operator. “Owner-operator” means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in property to exert direct control over its use, development, and day-to-day operations.
Parcel. See “Lot.”
Parcel Map. “Parcel map” refers to the map and recording instrument for minor subdivisions of land and other subdivisions described in the Subdivision Map Act. The parcel map must reflect the design and conditions that were approved on the tentative map for minor subdivisions by the Director, Planning Commission, or City Council.
Parking Lot. “Parking lot” means an open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
Parking Space or Stall. “Parking space” or “parking stall” means a space within a building, lot, or parking lot for the parking or storage of one (1) automobile.
Parkway. “Parkway” means the area adjoining the outer edge of the roadbed, extending to the right-of-way line in which sidewalks, plantings, utilities, bank slopes, and related facilities may be located.
Pedestrian Path or Way. “Pedestrian path or way” means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. Said pedestrian path or way may be located within or outside of a street right-of-way, at grade, or grade separated from vehicular traffic.
Pedestrian Way. “Pedestrian way” is synonymous with pedestrian path.
Pen. “Pen” means a small enclosure for animals.
Person. “Person” means any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, group, or combination acting as a unit.
Pets. See “Household Pets.”
Planned Development or PD. “Planned Development” or “PD” means the underlying project of a Planned Development zone, consisting of either residential uses or a combination of residential, commercial, and/or civic uses and associated ancillary uses and structures; situated on one or more contiguous parcels or noncontiguous parcels separated solely by a road or other right-of-way easement; and planned and developed as a unified project within a single development operation or series of development operations in accordance with a detailed site plan.
Planning Commission. “Planning Commission” means the Planning Commission of the City of Mountain House.
Pollution may include contamination.
Portland Cement Concrete. “Portland cement concrete” means a commercially premixed surfacing material using a cement powder and water binding agent that is poured on top of a base material such as aggregate base or sand.
Poultry Ranch or Farm. “Poultry ranch” or “poultry farm” means a farm for the keeping or raising of more than thirty-five (35) game fowl or poultry, or, with respect to ostriches or other ratites, a farm for the keeping or raising of seven (7) or more animals.
Pre-Existing Residential Areas. “Pre-existing residential areas” means the three distinct residential areas that were in place before the Mountain House New Town was established, described and labeled as “Grant Line Village,” “Homesite Parcels,” and “Old River Homesites” by the Master Plan.
Preliminary Map. “Preliminary Map” means any lot line adjustment, merger or tentative
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29 map application that is submitted to the City, prior to the completion of all Mountain House Master Plan subsequent plans and programs, only for the purpose of financing, land sale or exchange, or planning area segregation, after which a more definitive Development Title application is required to be submitted to the City before construction permits can be obtained for the affected area.
Prepackaged Food. “Prepackaged food” means any properly labeled food, prepackaged by the manufacturer to prevent any direct human contact with the food product.
Prime Agricultural Land. “Prime agricultural land” means land as defined in the Farmland Mapping and Monitoring Program upon completion of the maps for San Joaquin County. Until that time:
(a) Land best suited for producing food, feed, forage, fiber, and oilseed crops and which is available for these uses and has the soil quality, growing season, and moisture supply needed to produce sustained high yields of crops economically when treated and managed, including water management, according to modern farming methods; or (b) When in reference to Williamson Act contracts, any land so termed and defined by Section 51201 of the Government Code.
Private Land. “Private Land” means any land within the Mountain House Community that can be developed for private use and profit.
Private Rights-of-Way. “Private rights-of-way” means any of the following:
(a) Any right-of-way which has been offered for dedication but which has not been accepted by the City.
(b) A legally established private easement for access.
(c) A navigable waterway.
(d) Roads shown on antiquated subdivision plats that are not CountyCity maintained roads.
(e) Public roads for which there are not legally established rights-of-way or easement.
Private Road. See “Road, Private.”
Produce. “Produce” means shell eggs and any fruit or vegetable in its raw or natural state.
Produce Stand. “Produce stand” means a food establishment that sells only produce, cut flowers or shell eggs, or both, directly to the consumer. Produce stands must be located on property which is owned, rented, or leased to a grower, producer or a member of a farm cooperative.
Project Frontage. “Project frontage” means the developed portion of the property that fronts on an existing or planned public right-of-way.
Protected Zone. “Protected zone” means an area commencing at a point five (5) feet outside the drip line of a native oak tree or heritage tree and extending inward to the trunk of the tree.
Protective Barrier. “Protective Barrier” is an exterior fence or wall a minimum of six (6) feet in height, restricting direct access to an electrified security fence. When abutting an existing or planned residential area, or a residentially developed parcel, the protective barrier shall consist of a solid material (i.e., a wooden fence, a block wall, an approved mesh material, or equivalent material). A Protective Barrier is subject to the standards of the Fencing and Screening Chapter (Chapter 6 of Division 10). In no event shall an electrified security fence be installed without a perimeter protective barrier.
Public. “Public” means that which is operated and/or maintained by governmental agency or by public utility.
Public Display of Fireworks. “Public display of fireworks” means an entertainment
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30 feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks as defined in Section 12505 of the Health and Safety Code.
Examples include, but are not limited to, fireworks displays conducted at public venues, private venues, wineries, ballparks and schools.
Public Facilities. “Public facilities” means any facility operated by a public entity, including, but not limited to, the following:
(a) Public buildings, including schools and related facilities; (b) Sewage collection, treatment, and disposal facilities; (c) Facilities for the supply, storage, treatment, and distribution of nonagricultural water for municipal and industrial uses for meeting Title 22 of the California Administrative Code; (d) Facilities for the collection and disposal of stormwaters for drainage and/or flood control purposes;
(e) Facilities for the generation of electricity and the distribution of gas and electricity; (f) Transportation and transit facilities including, but not limited to, streets, roads, ports, airports, and related facilities;
(g) Parks and recreation facilities;
(h) Police stations and fire stations; or
(i) Hospitals.
Public Health Services. “Public Health Services” means the Public Health Services of San Joaquin County.
Private Land. “Private Land” means any land within the Mountain House Community that can be developed for private use and profit.
Public Land. “Public Land” means acreage required by an Applicable Public Agency to provide public services and infrastructure to or on behalf of the residents of the Mountain House Community, as specified in the Public Land Equity Program Technical Report as of November 28, 1997.
Public Land Acreage Requirement. “Public Land Acreage Requirement” means the amount of land that a Landowner is required to provide in order to fulfill the requirements of the Public Land Equity Program, calculated by multiplying the gross acres of a subject property by the Public Land Percentage.
Public Land Deficit. “Public Land Deficit” means the additional amount of land needed to meet the Public Land Acreage Requirement for a subject parcel, calculated by subtracting the number of acres actually shown for public use on said parcel from the parcel’s Public Land Acreage Requirement.
Public Land Equity Program. “Public Land Equity Program” means the program as set forth in Chapter 3 of Division 12, Chapter 3 of this Title.
Public Land Equity Program Technical Report. “Public Land Equity Program Technical Report” means the report which provides the methodology for calculating the Public Land Acreage Requirement on a subject property and the Public Land Percentage.
Public Land Percentage. “Public Land Percentage” means the percentage of land within the Mountain House Community that is Public Lands, calculated by dividing the total Public Lands within the Mountain House Community by the gross acres within the Mountain House Community held in private ownership, as specified in the Public Land Equity Program Technical Report, and multiplying the result by one hundred (100).
Public Land Surplus. “Public Land Surplus” means the amount of land that exceeds the Public Land Acreage Requirement for a subject property, calculated by subtracting the Public
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31 Land Acreage Requirement from the number of acres actually designated for public use by the Master Plan or Specific Plan or any applicable Special Purpose Plan.
Public Nuisance. See “Nuisance.”
Public Road. See “Road, Public.”
Public Transit. “Public Transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fare, run on fixed routes, and are available to the public.
Public Water System. “Public water system” means any potable water supply system owned, operated, and maintained by a public agency, and approved by, or under the supervision of, a public health agency of the State of California or the City. This definition is for use in interpreting the provisions of this Title and is not intended to be the same as a “public water system” as defined by Title 22 of the California Administrative Code.
Qualified Historic Property. “Qualified historic property” means a privately owned property which is not exempt from property taxation, or site that is registered with either the federal National Register of Historic Places or the state’s California Register of Historical Resources. A qualified historic property may also be a property designated by the State of California as a Historic Landmark or as a Point of Historic interest.
Quarry Excavation. “Quarry excavation” means all, or part, of the process involved in the surface mining of minerals on mined lands by removing overburden and mining directly from the mineral deposits, open-pit mining of minerals naturally exposed, mining by the auger method, dredging and quarrying, or surface work incident to an underground mine. Surface mining operations shall include, but are not limited to:
(a) In-place distillation or retorting or leaching.
(b) The production and disposal of mining waste.
Record Title Ownership. “Record title ownership” shall mean either fee title of record or, when a leasehold interest is to be divided, ownership of record of the leasehold interest.
Recreation. “Recreation” means any activity, voluntarily engaged in, which contributes to the physical, mental, or moral development of the individual or group participating therein, and includes any activity in the fields of music, drama, art, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any informal play incorporating any such activity.
Recreation, Commercial. “Commercial recreation” means any recreation area or facility that is under direct control of an individual, group, association, corporation, club, or fraternal organization and is open to the public.
Recreation Area. “Recreation area” means any land, water, or combination thereof used for purposes of recreation.
Recreational Vehicle. “Recreational vehicle” means a motorhome, travel trailer, truck camper, camping trailer, boat or boat trailer with or without motive power, designed for human recreational use only, that meets all of the following criteria as defined by State Health and Safety Code Section 18010:
(a) It contains less than three hundred twenty (320) square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms;
(b) It contains four hundred (400) square feet or less when measured at the largest horizontal projection;
(c) It is built on a single chassis;
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32 (d) It is designed to be either self-propelled, truck-mounted or permanently towable by a light-duty truck; and
(e) It is designed primarily as a temporary living quarters for recreational, camping, travel, or seasonal use and not for use as a permanent dwelling.
Recreational Vehicle Park. “Recreational vehicle park” means any parcel of land composed of a lot or contiguous lots used, designed, or intended as a campground to accommodate more than four (4) recreational vehicles and/or mobile homes, not including labor camps and labor supply camps.
Recycling. “Recycling” means the process by which waste products are reduced to raw materials and transformed into new and often different products. As it pertains to Chapter 7 of Division 11, Chapter 7 of this title only, “recycling” means redirecting or utilizing a hazardous waste or substance from a hazardous waste, and includes recovery of resources from a hazardous waste.
Residence, Primary. “Primary residence” means a dwelling unit intended for occupancy by the owner or by members of the owner’s family, excluding mobile homes, second unit dwellings, guest houses, and farm labor housing.
Residential. “Residential” means places where people live and sleep. The term includes, but is not limited to, single-family dwellings, apartments, institutions, mobile homes, group quarters, hotels and motels, convalescent hospitals, and rest homes.
Residential Development. “Residential development” means a development project containing residential dwellings, including mobile homes, consisting of one (1) or more dwelling units, or a subdivision for one (1) or more residential dwelling units.
Resource Recovery. “Resource recovery” means the reclamation or salvage of wastes for reuse, conversion to energy, or recycling. Resource recovery does not include automotive wrecking yards or junkyards.
Restricted Access. See “Access, Restricted.”
Retailer License. “Retailer license” means a license issued to sell cannabis to qualified individuals that hold an authorized Annual State License with an A-License or M-License designation.
Retention Basin. “Retention basin” means a drainage pond with no outlet facilities for terminal drainage that is capable of storing the required stormwater runoff volume and is capable of emptying through percolation and evaporation over a specified time.
Review Authority. “Review Authority” means any of the following entities which are empowered to interpret, implement and enforce this Title:
(a) City Council;
(b) Planning Commission;
(c) Director of the Community Development Department; and (d) Community Development Department.
Right-of-Way. “Right-of-way” means an easement for the use of roads, water and wastewater facilities, flood and drainage works, overhead and underground utilities, or any related improvements.
Riparian Corridor. “Riparian corridor” means a strip or generally contiguous area of riparian habitat.
Riparian Habitat. “Riparian habitat” means the banks and other terrestrial environs of fresh water bodies, watercourses, estuaries, and surface waters whose conditions provide soil moisture sufficiently in excess of that otherwise available through local precipitation to support the
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33 growth of mesic vegetation.
Road. “Road” includes streets and highways, both public and private. The terms streets, roads, roadways, and highways are used interchangeably. “Road” includes the roadbed, all slopes, shoulders, side ditches, curbs, gutters, sidewalks, and all other related facilities within the right-of-way.
Road, Private. “Private road” means a roadway within a private development or planned development where the street improvements remain in private ownership.
Road, Public. “Public road” means any road which is open for unrestricted travel by the general public. A public road may or may not be dedicated to or maintained by the City.
Road System. “Road system” means the classification of streets and highways by their diverse functions and design. The following is a hierarchy of roads in the City. (a) Rural Road. “Rural road” means a two-lane, undivided road providing access to agricultural properties. A rural road may also serve as a route connecting rural communities with each other and the urban communities.
(b) Rural Residential Road. “Rural residential road” means a two-lane, undivided road providing access to rural residential subdivision parcels. (c) Local Residential Road. “Local residential road” means a two-lane, undivided road providing direct access to all abutting residential properties. The local residential road’s primary purpose is to provide access to single-family lots. (d) Local Commercial/Industrial Road. “Local commercial/industrial road” means a two-lane, undivided road providing direct access to commercial and industrial properties. The local commercial/industrial road’s primary purpose is to provide access to commercial and industrial lots.
(e) Collector Road. “Collector road” means a two-lane, undivided road which funnels traffic from local residential, commercial, and industrial roads to arterial roads. (f) Minor Arterial. “Minor arterial” means a four-lane, undivided road with access limited to abutting commercial, industrial multi-family properties only. The minor arterial’s primary purpose is to carry local and through traffic within urban communities. (g) Major Arterial. “Major arterial” means a multi-lane, divided road with major access to abutting property limited to major commercial and industrial developments. The arterial’s primary purpose is to carry major through traffic within and between urban communities and provide access to expressways and freeways.
(h) Expressway. “Expressway” means a roadway which provides no direct access to abutting properties. The primary purpose of an expressway is to carry through traffic with minimum interference with adjacent development.
(i) Intersections are limited to freeways, major and minor arterials, and rural roads only. Intersections are usually no closer than one-quarter mile. (j) Freeway. “Freeway” means a multi-lane, divided highway providing no access to adjoining property. Freeways are intended to accommodate high speed, high volume, long distance regional through traffic and traffic between urban areas. Freeways typically connect to the local road system at high volume interchanges with arterial roads in urban areas and with some rural roads in rural county areas.
Roadbed. “Roadbed” means that portion of the road between curb-faces or between the outside line of improved shoulders.
Sanitary Landfill. “Sanitary landfill” means a disposal site employing an engineered method of disposal of solid wastes in a manner that minimizes environmental hazards by
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34 spreading, compacting to the smallest volume practical, and applying cover material over all exposed wastes at the end of each operating day.
Screening. “Screening” means a method of visually shielding or obscuring one (1) abutting or nearby structure from another by fencing, walls, berms, or densely planted vegetation.
Seal, Sanitary. “Sanitary seal” means a grout, mastic, or mechanical device used to make a watertight joint between the pump and casing or the concrete base.
Sediment. “Sediment” means any material transported or deposited by water, including soil debris or other foreign matter.
Semi-truck. “Semi-truck” means a vehicle designed to carry property, used in conjunction with a motor vehicle, and so constructed that some part of its weight and that of its load rests upon, or is carried by, another vehicle.
Senior Citizen. “Senior citizen” means a person at least sixty-two (62) years of age, or a person at least fifty-five (55) years of age who meets the qualifications found in Section 51.3 of the California Civil Code.
Septic System. “Septic system” means an on-site wastewater disposal system which utilizes a septic tank for wastewater processing and a subsurface drainage system for the disposal of treated effluent.
Septic Tank. “Septic tank” means a watertight receptacle which receives the discharge of a building drainage system or part thereof, designed and constructed to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside the tank through a sub-surface drainage system meeting the requirements of Division II.
Setback Line. “Setback line” means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
Sewage. See “Wastewater.”
Sewer Well. See “Well, sewer.”
Short-Term Rental. “Short-term rental” means any residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 days or less.
Sign. “Sign” means any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising, directing attention, or identifying any establishment, product, goods, services, or entertainment.
Sign Area. “Sign area” means the entire area within a single, continuous, rectangular perimeter enclosing the extreme limits of writing, representation, emblem, or figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from its surroundings. This excludes the necessary supports or uprights on which such a sign is located.
Sign, Awning. “Awning sign” means a sign painted, printed, stenciled, sewn, or stained into the surface of an approved awning or canopy.
Sign, Commemorative. “Commemorative sign” means a sign designed to recognize or observe a significant historical or memorial event.
Sign, Construction/Development. “Construction/development sign” means a sign to announce an intended or proposed future use of the site and to identify enterprises affiliated with the project site, such as architectural, engineering, or construction firms.
Sign, Freestanding. “Freestanding sign” means a sign in a fixed location which is self-supporting on the ground, and is in no part supported by a permanent structure (includes pole signs and monument signs).
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35 Sign, Height of. “Height of sign” means the vertical distance measured from the highest point of the sign to the grade immediately beneath the sign.
Sign, Illegal. “Illegal sign” means a sign that was installed contrary to the laws and ordinances in effect at the time of its installation; or that has been abandoned; or that is unsafe and poses a danger to the public or is a traffic hazard.
Sign, Indirectly Illuminated. “Indirectly illuminated sign” means a sign with an external light source which is separate from the sign face or cabinet, and is directed to shine solely on the sign.
Sign, Institutional/Public. “Institutional/public sign” means a sign erected and maintained by the city, county, state, or federal government for municipal and regulatory purposes, or to identify schools, hospitals, historical sites, public services, or other public institutions, or to identify public service events, such as festivals and spectacles.
Sign, Monument. “Monument sign” means a sign anchored to and continuously attached at grade.
Sign, Nonconforming. “Nonconforming sign” means a sign which was validly installed under the ordinances and law in effect prior to the effective date of this Ordinance but which is in conflict with the provisions of Division 17.
Sign, Off-premises. “Off-premises sign” means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
Sign, On-premises. “On-premises sign” means a sign which directs attention to a business, community, service, or entertainment conducted, sold, or offered on the premises, or on property which is contiguous to the parcel which contains the business activity.
Sign, Pole. “Pole sign” means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is at least five (5) feet above grade.
Sign, Political. “Political sign” means a sign used in connection with local, state, or national elections, campaigns, or referendums.
Sign, Portable. “Portable sign” means a sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
Sign, Projecting. “Projecting sign” means a sign which is attached to and projects from a building wall.
Sign, Real Estate. “Real estate sign” means a sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
Sign, Tenant. “Tenant sign” means a sign larger than eight (8) square feet in sign area which identifies an individual tenant space in a multi-tenant development project.
Sign, Traffic. “Traffic sign” means a sign pertaining to official traffic control and safety.
Sign, Wall. “Wall sign” means a sign painted on, or attached parallel to, a building wall.
Sign Structure. “Sign structure” means a structure specifically intended for supporting, bracing, or containing a sign.
Single Tone Noise. “Single tone noise” means noise which is distinctly audible as a single pitch (frequency) or set of pitches as determined by a qualified acoustical consultant, or as defined by the “Model Community Noise Control Ordinance, California Department of Health, 1977.” Slope. “Slope” means an inclined ground surface, the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.
Slope Stability. “Slope stability” means the maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current
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36 engineering technology.
Slope Stability Standards. “Slope stability standards” means those standards that are necessary in order to ensure that a slope achieves slope stability.
Small Animal Farm. “Small animal farm” means a farm for the keeping or raising of over thirty-five (35) rabbits or other fur bearing animals of similar size at maturity.
Snipe. “Snipe” means the triangular area formed at the intersection of two streets whose sides are equal distance from the intersection of the street lines.
Social Care Facility. “Social care facility” means a facility authorized, certified, or licensed by the State of California to provide nonmedical residential care and supervision to mentally disordered or otherwise handicapped persons, to dependent and neglected children, or to aged individuals (includes both group care facilities and child care centers).
Soil. “Soil” means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.
Soil Scientist. “Soil scientist” means a person having a minimum of thirty (30) semester hours or the equivalent in biological, physical, and earth sciences with a minimum of fifteen (15) semester hours in soils.
Special Flood Hazard Area. See “Area of Special Flood Hazard.” Special Indoor Event. “Special indoor event” means any temporary event or activity generally attracting large numbers of people, that is conducted within a structure, is subject to compliance with specific Uniform Building and Fire Code requirements, and is not already defined within a specified zone as an allowable “temporary” use activity. Included in this definition are Halloween haunted houses and home craft fairs. Excluded from this definition are marketing events. A maximum of either four (4) special indoor events or four (4) special outdoor events or four (4) of any combination of special indoor events and special outdoor events shall be permitted within a calendar year. Each special indoor event may not exceed a length of three (3) consecutive days.
Special Outdoor Event. “Special outdoor event” means any temporary event or activity generally attracting large numbers of people, requiring the importation of temporary facilities such as portable bleachers, food stands, and portable toilet facilities, conducted out-of-doors and not already defined within a specified zone as an allowable “temporary” activity. Excluded from this definition are parades, carnivals, and circuses, and marketing events. A maximum of either four (4) special indoor events or four (4) special outdoor events or four (4) of any combination of special indoor events and special outdoor events shall be permitted within a calendar year. In the R-L (Low Density Residential) and R-M (Medium Density Residential) zones, an additional four (4) special outdoor events shall be permitted within a calendar year. Each special outdoor event may not exceed a length of three (3) consecutive days.
Specific Plan. “Specific Plan” means, for the purposes of the Mountain House Development Title, a plan which is prepared pursuant to Government Code Section 65450 for the systematic implementation of the Mountain House Master Specific Plan and which provides detailed information and instruction regarding the types, locations and densities of land uses; development phasing; zoning regulations; public infrastructure and services; development; and design guidelines. “Specific Plan” shall include Mountain House Specific Plan I and other Specific Plans.
Specific Plan Reimbursement Program. “Specific Plan Reimbursement Program” means the program as provided for in the Mountain House Public Financing Plan that has been developed to reimburse the Master Developer and other Developers for the costs which they have incurred or
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37 will incur in the preparation and adoption of the Mountain House Master Specific Plan and subsequent Specific Plans, and the Supporting Documents.
Stable, Boarding. “Boarding stable” means a structure for the feeding, housing, and exercising of horses not owned by the owner of the premises.
Start of Construction. “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
State. “State” means the State of California.
Statement of Expense. “Statement of Expense” is an itemized statement explaining all enforcement costs incurred by the Enforcement Official and any other CountyCity Department in abating any violation of this Title that the Enforcement Official seeks to recover.
Stationary Noise Source. “Stationary noise source” means any fixed or mobile noise source not preempted from local control by existing Federal or State regulations, including, but not necessarily limited to, industrial and commercial facilities, and vehicle movements on private property.
Stock Cooperative. “Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation.
Stormwater Runoff. “Stormwater runoff” means water that results from precipitation which is not absorbed by the soil, evaporated into the atmosphere, or entrapped by ground surface depressions and vegetation, and which flows over the ground surface.
Story. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is defined as that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. “Story” also means that portion of a building between the upper surface of a floor and the upper surface of the floor next above, where the finished floor level directly above is more than six (6) feet above grade for more than fifty percent (50%) of the total perimeter or more than twelve (12) feet above grade at any point.
Street. See “Road.”
Structural Alteration. “Structural alteration” means any change in supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
Structure. “Structure” means any object constructed or installed by man having location upon, in, or under the ground, including, but not limited to, buildings, manufactured homes, fences
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38 over six (6) feet in height, towers, gas or liquid storage tanks, signs, smokestacks, and overhead transmission lines. For the purposes of Section 9-8-1701 Chapter 17 of Division 8 (Flood Variance Procedures) and 9-16-201 Chapter 2 of Division 16 (Flood Hazards), “Structure” means a walled and roofed building, including gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Stub Street. “Stub street” means a street open at one (1) end only, without permanent provisions for turning around.
Subdivider. “Subdivider” means a person who proposes to divide, divides, or causes to be divided real property into a subdivision for himself, herself, or for others. A consultant, engineer, or surveyor who does not hold title to the land is not considered a subdivider.
Subdivision. “Subdivision” means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements, or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 1350 of the Civil Code, a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative as defined in Section 11003.2 of the Business and Professions Code. A conveyance of land for rights-of-way to a governmental agency, public entity, public utility, or subsidiary of a public utility shall not be considered a division of land for purposes of computing the number of parcels. “Subdivision” does not include:
(a) The leasing of agricultural land used for the cultivation of food or fiber or the grazing or pasturing of livestock;
(b) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or recreational vehicle parks;
(c) Mineral, oil, or gas leases;
(d) Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;
(e) A lot line adjustment;
(f) The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
(g) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements; (h) The construction, financing, or leasing of units classified as second unit dwelling; (i) Any separate assessment under Section 2188.7 of the California Revenue and Taxation Code for community apartment or cooperative housing projects; (j) The conversion of a community apartment project to a condominium if the requirements of Sections 66412(g) and (h) of the California Government Code are met; or (k) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device.
Subsequent Plans and Programs. “Subsequent plans and programs” means the plans and programs required by the Mountain House Master Plan for development to proceed, as set forth in the Master Plan Development Agreement between the City and Trimark Communities, or plans and programs as set forth in the Development Agreement between the City and Gerry N. Kamilos,
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39 LLC.
Substantial Damage. “Substantial damage” means a damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
Substantial Improvement. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. (a) “Substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure; and (b) “Substantial improvement” does not include improvement of a structure solely to comply with existing state or local health, sanitary, or safety code specifications, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Subsurface Boring. “Subsurface boring” means any subsurface soil boring that is drilled or driven for testing or logging strata or to obtain data from the underground.
Sundries. “Sundries” mean a limited number of frequently or recurrently needed items or services for the traveling public. Examples include, but are not limited to, maps, sunglasses, ice, canned drinks, sunscreen, first-aid items, hats and souvenirs.
Supporting Documents. “Supporting Documents” means those plans and programs prepared to provide the background and technical bases for the Mountain House Master Specific Plan and subsequent Specific Plans, or developed to implement the Mountain House Master Specific Plan and subsequent Specific Plans.
Supporting Equipment. “Supporting equipment” means, when used in association with the terms wireless telecommunication antennas or wireless communication facilities, any electronic switching equipment, cabinet, or other equipment used for a wireless telecommunication and the ancillary building or buildings used to house said equipment.
Supportive Housing. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Consistent with Government Code Section 65583, supportive housing shall be permitted in all zones allowing residential uses, subject to the same permit requirements of other residential uses of the same type in the same zones.
Surface Water. “Surface water” includes, but is not limited to, rivers, creeks, sloughs, irrigation ditches, irrigation conduits, drainage ditches, and natural or unnatural impoundments.
Swine. “Swine” means a pig or a hog eight (8) weeks of age or older.
Tandem Parking. “Tandem Parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.
Target Population. “Target population” means persons with low-incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, elderly persons, young adults aging out of the foster care system, individuals exiting from
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40 institutional settings, veterans, and homeless people.
Tentative Map. “Tentative map” means a map submitted for approval as a Major Subdivision or Minor Subdivision.
Terminal Drainage or Terminal Drain. “Terminal drainage” or “terminal drain” means a storm drainage system or a portion thereof which conveys storm runoff into a terminal waterway.
Terminal Waterway. “Terminal waterway” means a natural or man-made channel which has the capacity to contain a fifty (50) year return frequency storm and which by gravity carries stormwater ultimately to the ocean.
Terrace. “Terrace” means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance, or other purposes.
Testing Laboratory License. “Testing laboratory license” means a license issued to a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products that holds an authorized Annual State License.
Topsoil. “Topsoil” means the upper part of the soil profile that is relatively rich in humus, known in agronomy as the A-horizon.
Towing Service. “Towing service” means a commercial service in which a truck is used to tow or transport another vehicle.
Transfer/Processing Station. “Transfer/processing station” means a facility utilized to receive solid wastes; to temporarily store, separate, convert, or otherwise process the materials in the solid wastes; or to transfer the solid wastes directly from smaller to larger vehicles for transport. Transfer/processing station does not include any facility whose principal function is to receive, store, separate, convert, or otherwise process manure, in accordance with State minimum standards; nor does it include any facility whose principal function is to receive, store, convert, or otherwise process wastes which have already been separated for reuse and are not intended for disposal.
Transit. “Transit” means public transportation.
Transportation Noise Source. “Transportation noise source” means traffic on public roadways, railroad line operations and aircraft in flight.
Traveled-Way. “Traveled-way” means that portion of the road for the movement of vehicles, exclusive of shoulders and auxiliary lanes.
Tree. “Tree” means any object of natural growth having a woody stem or trunk.
Truck. “Truck” means a motor vehicle designed or used for either: (1) the transportation of property; or (2) drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load so drawn.
Truck Parking. “Truck parking” means the parking, storing, or keeping of trucks, semi-trucks, truck trailers, or trailers.
Excluded are the transferring, storing, assembling, or sorting of cargo.
Truck Terminal. “Truck terminal” means an area and buildings used by motor freight vehicles or trucks of common carriers for purposes of transferring, storing, assembling, and sorting cargo or for purposes of storing and maintaining the trucks used for such purposes on a regular basis.
Truck Trailer. “Truck trailer” means either: (1) a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and constructed so that some part of its weight and that of its load rests upon, or is carried by, another vehicle; or (2) a vehicle designed to carry persons or property on its own structure and to be drawn by a motor vehicle which is constructed so that no part of its weight rest upon any other vehicle.
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41 Use. “Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.
Use, Accessory. “Accessory use” means a subordinate use customarily incidental to and located upon the same lot occupied by a main use.
Utility. “Utility” means electric, communication, natural gas, and cable television facilities including, but not limited to, poles, wires, transformers, conduits, conductors, guys, pipes, meters, vaults, and all necessary appurtenances. Utility may also mean the company owning these facilities.
Vapor Probe. “Vapor probe” means a device used to test or extract from the subsurface.
Variance. “Variance” means a permit granted to an applicant pursuant to Section 9-827Chapter 12 of Division 8 of this Title, to allow the applicant’s project to depart from the literal requirements of this Title.
Vehicle. “Vehicle” means a device by which any person or property may be propelled, moved, or drawn, not including a device drawn by human power or used exclusively upon stationary rails or tracks.
Vesting Tentative Map. “Vesting tentative map” means any tentative map that, when filed with the City, has conspicuously printed on its face the words “Vesting Tentative Map.” Vineyard. “Vineyard” means land that contains grapevines and is assessed as a commercial vineyard for tax purposes. The wine grape crop is capable of being harvested and then sold for processing.
Violation. “Violation” means, for floodplain management purposes, the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Title is presumed to be in violation until such time as that documentation is provided.
Waste. “Waste” means waste as defined in Section 13050 of the California Water Code.
Waste includes sewage and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to and for purposes of disposal.
Wastewater Disposal System. “Wastewater disposal system” means any and all portions of a facility which is used or intended to be used for the collection, transport, treatment, and disposal of wastewater.
Wastewater Treatment Plant. “Wastewater treatment plant” means those lands, structures, and equipment necessary for the processing and disposal of wastewater. It does not include a septic tank.
Water Main or Water Line. “Water main” or “water line” means the water supply pipe conveying potable water for public use.
Water Quality. “Water quality” means the chemical, physical, radiological, and biological characteristics of water with respect to its suitability for a particular purpose. The same water may be of good quality for one purpose or use, and bad or poor for another, depending upon its characteristics and the requirements for the particular use.
Water Source. “Water source” means either groundwater or surface water used to supply water.
Water System. “Water system” means all wells, pumps, tanks, filters, water treatment equipment, valves, water mains, water service lines, fire hydrants, fire hydrant piping, and all
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42 appurtenances to the system.
Watercourse. “Watercourse” means any natural or manmade channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay, or storage of waters, and which functions at any time to convey or store stormwater runoff.
Watercourse, Major. “Major watercourse” means a watercourse which provides terminal drainage according to the County Flood Control Engineer.
Waterway. See “Watercourse.”
Well. “Well” means a deep hole or shaft, dug or drilled.
Well, Cathodic Protection. See definition of “Cathodic protection well” means any artificial excavation constructed by any means for the purposes of installing equipment or facilitiesabove.
Well, Water. “Water well” means any artificial excavation constructed by any method for the purpose of extracting or recharging ground water or testing or logging of stratum to obtain data from the underground, not including the following:
(a) Wells, or geothermal wells constructed under jurisdiction of the Department of Conservation, State of California, except those wells converted to use as water wells; (b) Wells used for the purpose of: (1) dewatering excavation during construction, or (2) stabilizing hillsides or earth embankments.
Well Contractor. “Well contractor” means any person or company licensed by the State Contractors License Law, as provided in Division 3, Chapter 9, of the Business and Professional Code.
Well Pit. “Well pit” means an excavation in which the well head or top of well casing is installed below the ground surface.
Windmill. “Windmill” means a wind driven machine which converts the kinetic energy in the wind into mechanical energy for the purpose of on-site use.
Wine Cellar, Off-Site. “Wine cellar, off-site” means a type of bonded premises that is located on a parcel or parcels of land under the same ownership with a vineyard, and where wine made from the grapes of the vineyard(s) is stored. A minimum of one (1) gross acre of grapes shall be grown on the site and used for production of wine sold at the off-site wine cellar. The stored wine is made at an off-site winery. Wine must be produced using grapes from the vineyard where the off-site wine cellar is located and be available for consumption prior to the off-site wine cellar hosting any marketing, accessory winery, wine release or industry event.
Wine Premises, Bonded. “Bonded wine premises” means a place that is bonded by the Bureau of Alcohol, Tobacco and Firearms (ATF) where wine related production operations occur.
Winery. “Winery” means a type of bonded wine premises that is composed of an agricultural processing facility where the primary purpose is to produce wine on-site by fermenting grape juice that results in an alcoholic beverage that is ready for consumption. A winery shall include the following activities: crushing, fermenting, bottling, blending, and aging and may include the following activities and/or facilities: shipping, receiving, tasting room(s), laboratory equipment, maintenance facilities, conference room space, sales and administrative offices. Wineries have a current California Alcohol Beverage Control Winegrowers License and a bonded winery permit from the Bureau of Alcohol, Tobacco, Firearms, and Explosives. Bonded wineries may include an on-site wine cellar. Wine must be produced from the bonded wine premises and available for consumption prior to the winery hosting any marketing, accessory winery, wine release or industry events.
Winery, Large. “Large winery” means a winery that has a minimum production capacity of
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43 more than five hundred fifty-five (555) tons of grapes or approximately one hundred thousand (100,000) gallons of wine per year.
Winery, Medium. “Medium winery” means a winery that has a minimum production capacity of two hundred one (201) tons of grapes or approximately thirty-six thousand (36,000) gallons of wine and a maximum production capacity of five hundred fifty-five (555) tons of grapes or approximately ninety-nine thousand nine hundred ninety-nine (99,999) gallons of wine per year.
Winery, Small. “Small winery” means a winery that has a minimum production capacity of