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
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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:
(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.
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(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). (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
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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;
(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
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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 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
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(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. (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
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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. (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
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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 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;
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(F) root depth setting;
(G) plant type setting;
(H) soil type;
(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
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overland flow; and
(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.
(g) Applicability of Design Manuals and Guidelines. Fencing is subject to the
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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 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
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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.
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
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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.
(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;
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(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.
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
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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.
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.
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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 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
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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:
(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
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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
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 65 45
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Services—Undertaking
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
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;
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(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 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.
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(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. (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.
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(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.
(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
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(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. 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.
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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 threetwo (32) dogs and threetwo (32) 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 tenfour (104).
(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. (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, Less than ⅓ acre None
geese, turkeys, or
similar fowl; rabbits
or other fur bearing
⅓ acre to less than 1½
acres
Not more than 15 of
any combination of
animals, of which no
Except for movement
on and off the
property, animals
shall not be kept or
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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
animal of similar size
at maturity.
5 acres and over No limit
maintained closer
than 40 feet from any
rear or side property
line.
Less than 5 acres 1 animal for 1 acre; 1
additional animal for
each 10,000 square
feet over 1 acre
Cattle, horses, and
other ruminants;
sheep, goats, and
similar livestock,
except swine. 5 acres and over Maximum of 4
animals of any
combination per 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.
Swine Less than 1 acre None
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
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.
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
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Aviary, apiary, worm Less than 1 acre None
farms 1 acre and over No limit
Animals shall not be
kept or maintained
closer than 40 feet
from any rear or side
property lines.
Less than ⅓ acre None
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
Chickens, ducks,
geese, turkeys, or
similar fowl; rabbits
or other fur bearing
animal of similar size
at maturity.
3 acres and over Not more than 35 of
any combination of
animals, of which not
more than 3 may be
roosters
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.
Less than 5 acres 1 animal for the first
acre; 1 additional
animal for each
10,000 square feet
over 1 acre
5 acres to less than 10
acres
Up to 4 animals of any
combination per acre
Cattle, horses, and
other ruminants;
sheep, goats, and
similar livestock,
except swine.
10 acres and over No limit
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.
Swine Less than 1 acre None
1 acre or more Up to 5 swine
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.
Animal Raising:
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Family Food
Production
Less than ⅓ acre None
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
Chickens, ducks,
geese, turkeys, or
similar fowl; rabbits
or other fur bearing
animal of similar size
at maturity.
3 acres and over Not more than 35 of
any combination of
animals, of which no
more than 3 may be
roosters
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.
Cattle and other Less than 1 acre None
ruminants except
horses and other
equine; sheep, goats,
and similar livestock,
except swine.
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
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.
Animal Raising: Hogs
Hog farm Less than 1 acre None
1 acre and over As specified by
discretionary permit
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
Animal Raising:
Small Animals
Fish or frog farm Less than 1 acre None
1 acre and over No limit
The toe of the slope of
the pond shall be
maintained a distance
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of 10 feet from the
nearest property line
or such greater
distance as the
Director deems
necessary.
Poultry ranch, Less than 10 acres None
excluding ostriches
and other ratites
10 acres and over No limit>
Animals shall be kept
or maintained a
minimum distance of
100 feet from the
nearest property line.
Poultry ranch, for Less than 2 acres None
ostriches and other
ratites
2 acres and over As specified by
discretionary permit
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.
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
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. HISTORIC RESOURCE PRESERVATIONRESERVED
9-10-1101 Intent.
The intent of this Chapter is to establish regulations for the preservation of historic resources, such as cultural, archaeological, architectural, aesthetic, and environmental resources, within the City of Mountain House. Accordingly, these regulations have the following specific objectives:
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(a) To preserve, maintain, and improve structures, sites, and districts of historical significance;
(b) To ensure that modifications to historic resources within the City is consistent with the historic character to be preserved or enhanced; and (c) To enrich the educational, cultural, and aesthetic interests of the City through the preservation of the county’s historical resources.
9-10-1102 Applicability.
The provisions of this Chapter shall apply to all zones in the City of Mountain House. 9-10-1103 Designation of a Historic Resource.
(Reserved).
9-10-1104 Change in Designation.
(Reserved).
9-10-1105 Change in Use.
A Use Permit in accordance with Chapter 10 of Division 8 shall be required prior to any change in the use of an historical resource with the following modifications to the Use Permit process:
(a) Additional Requirements for Application. The request for such Use Permit shall include the following additional information:
(1) Evidence that the proposed change in use is consistent with the intent of this Chapter;
(2) A list of alterations required for the change of use; and (3) A site plan which clearly delineates the location and characteristics of the proposed use.
(b) Additional Findings. In addition to the findings specified for the Use Permit, the Review Authority shall find that all o following are true:
(1) Such historical resource has been identified as being significant by a recognized historical or architectural organization, or the historical value of the resource can be established by historical or architectural literature, publications, or official documents which discuss the resource and its place in history; and
(2) The proposed use of such historical resource shall not detract from, or otherwise impair, it as an historical resource, but instead, the proposed use shall complement, enhance, and be compatible with the historical resource.
9-10-1106 Creation of Parcels for Historical Resources.
Parcels may be created which are less than the minimum area required by the zone in which the historical resource is located, if the purpose of the smaller parcel is to permit the retention, sale, or transfer of the site on which the historical resource is located in order to attain the intent of this section. The minimum area of parcels created under the provisions of this section shall be determined by the Review Authority.
9-10-1107 Structural Alterations.
(Reserved).
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9-10-1108 Subsurface Features.
If, during the course of construction, including any grading activity associated with said construction, subsurface archaeological features are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation.
9-10-1109 Buried Prehistoric Resources.
If artifacts or evidence of materials such as bone, shell or nonnative stone are uncovered during construction activities, work shall immediately be halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. Said evaluation may entail archaeological test excavation and/or mitigative data recovery.
CHAPTER 12. MILLS ACT CONTRACTRESERVED
9-10-1201 Intent.
The intent of this Chapter is to create an incentive program and establish regulations for the preservation of qualified historic property, in the City of Mountain House. This Chapter will provide a method for establishing, terminating, and canceling, qualified historic properties pursuant to California Government Code Sections 50280 through 50290 and California Revenue and Taxation Code Article 1.9, Sections 439 through 439.4. The goal of preservation is supported by the following specific objectives:
(a) To preserve, maintain, and improve structures and sites, of historic significance; (b) To ensure that rehabilitation and modifications of qualified historic properties are accurate and in keeping with their historic context; and (c) To provide educational and cultural opportunities for the residents of the City. 9-10-1202 Mills Act Contract Contents.
The purpose of this section is to provide a method for executing a contract pursuant to the Mills Act.
(a) Application Requirements. A “Mills Act contract” application shall include all documentation, maps or other information required by the Director. Applications shall be filed with the Community Development Department. Contract applications may be initiated by a private property owner or his designated agent and shall meet the following criterion:
(1) Historic Listing. The qualified historic property must be registered with either the federal National Register of Historic Places or the State’s Register of Historical Resources. A qualified historic property may also qualify for Mills Act contract status by being a property that is designated by the State of California as a Historic Landmark or as a Point of Historic interest. (b) Contract Terms. Any contract that is entered into shall comply with the following provisions:
(1) Minimum Term. The minimum term of a Mills Act contract shall be ten (10) years.
Each year, on the date specified in the contract, the contract is automatically renewed for an additional year unless a Notice of Nonrenewal is given or the contract is cancelled. (2) Preservation, restoration, and rehabilitation. Property owners under contract shall provide for the necessary preservation, restoration, and rehabilitation of the property so that it conforms with the rules and regulations of the United States Secretary of the Interior’s Standards for Rehabilitation and the California State Historical Building Code.
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(3) Inspections. The contract shall provide for the periodic examination of the interior and exterior of the premises by the Community Development Department, Assessor, the Department of Parks and Recreation, and the State Board of Equalization to determine the owner’s compliance with the contract.
(4) Successors. The contract shall be binding upon any successor to the original property owner, i.e., the contract shall “run with the land.” The successor in interest shall have the same rights and obligations as the original owner who entered into the contract. (5) Annexation. If the City annexes a historic resource with an established Mills Act contract, the City shall succeed to all rights, duties and powers formerly held by the County. (6) Recordation. The establishment or cancellation of a contract shall not be final until the contract or notice of cancellation is recorded with the County Recorder by the Community Development Department.
(7) Notification. The owner or agent of an owner shall provide written notice of the contract to the state Office of Historic Preservation within six (6) months of entering into the contract.
(c) Review Procedure. Contract applications shall be reviewed by the Community Development Department and by the City Attorney before submittal to the City Council who shall take final action on the contract application.
9-10-1203 Nonrenewal of Mills Act Contracts.
This Section provides a method for nonrenewal of a Mills Act contract. Either party to the contract may submit a Notice of Nonrenewal. Failure to serve a written Notice of Nonrenewal to the other party within the times listed below shall result in an additional year being added to the annual renewal date of the contract.
(a) Application Requirements. A “Notice of Nonrenewal” application to terminate a Mills Act contract shall include all documentation, maps or other information required by the Director. Applications shall be filed with the Community Development Department. The contract shall continue until the term of the contract has expired. (b) City-Initiated. A Notice of Nonrenewal initiated by the City shall be given to the owner or the owners designated agent at least sixty (60) days before the anniversary date of the contract.
(c) Owner-Initiated. A Notice of Nonrenewal initiated by the owner shall be given to the City at least ninety (90) days before the anniversary date of the contract. 9-10-1204 Cancellation of Mills Act Contracts.
This Section provides a method for canceling a Mills Act contract. For the reasons listed below, the City or the owner may initiate a Mills Act Cancellation application. The application fee and any applicable penalty fee shall be paid at the time the request for cancellation is made. The penalty fee is twelve and one-half (12.5) percent of the current fair market value of the property.
Cancellation of a Mills Act contract requires notification to the property owner, public notice in a newspaper of general circulation and a public hearing by the City Council. Immediately following approval by the City Council, the cancellation process shall begin.
Contract cancellation shall be permitted for the following reasons:
(a) Eminent Domain. If the historic resource is acquired in whole or in part by eminent domain the contract shall be deemed null and void. No penalty fee shall be imposed on the property owner;
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(b) Breach of Contract. If it is determined that the property owner has breached any of the conditions of the Mill Act contract, the contract shall be cancelled and a penalty fee shall be imposed on the property owner;
(c) Inadequate Restoration. If the owner has not rehabilitated the property in the manner specified in the Mills Act contract, the contract shall he cancelled and a penalty fee shall be imposed on the property owner; or;
(d) Deterioration. If the property has deteriorated and no longer meets the federal standards for a qualified historic resource referred to in the Mills Act contact, the contract shall be cancelled and a penalty fee shall be imposed on the property owner. 9-10-1205 Fees.
A fee for the “Mills Act Contract”, “Mills Act Notice of Nonrenewal” and the “Mills Act Cance1lation” application shall be required. These fees are established by the City Council pursuant to Development Title section 9-2-902.
9-10-1206 Enforcement.
Violations of this Chapter shall be enforced pursuant to Chapter 2 of Division 19 of the City of Mountain House Development Title.
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
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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.
(a) The Director may request, and shall receive, assistance from other CountyCity 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 9-17101 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.
(i) Noise. No loudspeakers or sound equipment shall be used for the amplification of
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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 CountyCity 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 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.
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(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. 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
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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 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
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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 9-17-304(i)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. 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
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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 sixty-five (365) days a year.
(f) Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Sections 9-17-304(h) or 9-17-304(f) or 9-17-304(d) or 9-17-304(e)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:
(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
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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 sixty-five (365) days a year.
(f) Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Sections 9-17-304(h) or 9-17-304(f) or 9-17-304(d) or 9-17-304(e)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.
(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
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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) “Director” means the Director of the Community Development Department of the City and/or designee 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, 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.”
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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 9-1085.59-10-1705, 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.
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
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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 CountyCity 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;
(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;
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(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) “Amusement arcadesOperators of “amusement machines,” regulated under Chapter 3 of Division 1 of Title 6. However, if entertainment, other than the operation of mechanical amusement devicesmachines, is conducted on thesuch premises of any amusement arcade, such amusement arcade, 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. (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
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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 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.
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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 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.
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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; (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
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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 CountyCity 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, or state approval, 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. 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
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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 CountyCity 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.
(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
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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 CountyCity 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 CountyCity 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.
(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
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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 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
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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 9-1-3019-11-103(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 CountyCity 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.
(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
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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 athe City agency, the City will not accept the responsibility of maintenance of public improvements until final completion and acceptance of all items. For those public facilities to be operated and maintained by other public agencies, those agencies must approve the improvements to be operated and maintained by them as required by Section 9-1-303(e). If a new Service Area or District is required to serve the development project, the new Service Area or District must be formed and accept the facilities for maintenance as required by Section 9-1-303(e). 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 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-of-way to accommodate such improvements prior to the approval of a development project application.
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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. 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
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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 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.
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(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. 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.
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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.
CHAPTER 4. ENCROACHMENT STANDARDS
9-11-401 Intent.
The intent of this Chapter is to specify the requirements for performing work within CountyCity rights-of-way.
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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 CountyCity. 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 countyCity 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 countyCity highway into and through the watercourse, unless other adequate and proper drainage is provided. (2) Cause waters to be impounded within any countyCity 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 CountyCity highway. (d) Acts Requiring Permit. No person without a permit shall cause or permit the following:
(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 CountyCity highway. (2) Permit to be deposited in any drainage facility in any CountyCity 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 CountyCity road right-of-way by increasing or decreasing the amount, extent, nature, or direction of flow of water along any drainage facility.
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(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 CountyCity 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 CountyCity 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 CountyCity highway, road, or land, the Director of Public Works may require the removal of the encroachment in the manner provided hereinafter.
(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
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of service by mailing or posting.
(c) Removal of Encroachment. The Director of Public Works may immediately remove from any countyCity 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 CountyCity officers and departments from exercising any other remedy provided by law to prevent damage to or protect any CountyCity 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 Section Chapter 2 of Division 19, with the correction period reduced to five (5) days.
(i) Liability of CountyCity. 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 any CountyCity 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 CountyCity highway without first having secured a driveway encroachment permit from the Director of Public Works. In no case shall a permit for construction
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permit the drainage facility along any CountyCity 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; (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
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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.
(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
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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 forty-five (45) feet and a maximum right-of-way width of fifty (50) feet. (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 forty-nine (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.
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(A) Local residential Type III roads shall have a minimum right-of-way width of fifty-three (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, and Planned Development 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. 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 CountyCity may require a supplemental Traffic Study if, after preparing an
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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 CountyCity 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 twenty-five 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 AL-5, 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. (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,
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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.
(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
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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-of-way 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 to an existing Landscape/Lighting Assessment District or County Service Area, annex to or form a new County Service AreaCommunity 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
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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;
(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-of-way 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.
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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-of-way 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); (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
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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; (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.
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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.
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.
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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. LOCAL PARK AND RECREATION FACILITIES
FINANCINGRESERVED
9-12-101 Intent.
This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The local park and recreation facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreation portion of the City of Mountain House General Plan. 9-12-102 Requirements.
As a condition of approval of a tentative map, the subdivider must dedicate land, pay a fee in lieu thereof, or a combination, at the option of the City, for park and recreational purposes according to the standards and formulas contained in this Chapter. 9-12-103 General Standard.
In consideration of the public interest, convenience, health, welfare, and safety, the City standard for local park and recreational purposes shall be three (3) acres of property for each one thousand (1,000) persons, in accordance with the recreation portion of the City of Mountain House General Plan.
9-12-104 Dedication of Land.
The minimum amount of land to be dedicated shall be determined using the general standard in the following formula:
U × P × S = Minimum acreage dedication.
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where:
U = Number of potential dwelling units within the subdivision.
P = Average number of persons in the dwelling unit type (e.g., single-family, mobile home, multi-family units) based on the latest U.S. Census.
S = Parkland standard of three acres per 1,000 people (3/1,000).
For the purposes of this Section, the number of potential new dwelling units shall be based upon the number of parcels indicated on the tentative map that are in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one (1) dwelling unit per parcel, the number of potential new dwelling units in the area so zoned shall equal the maximum allowed under that zone. In the case of a condominium project, the number of potential new dwelling units shall be the number of condominium units. The term “potential new dwelling unit” does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.
Population per dwelling unit shall be the average household size for the proposed type of development as indicated in the latest census.
The subdivider may be required to:
(a) Provide full street improvements and utility connections to dedicated land which is dedicated pursuant to this section;
(b) Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; and
(c) Provide other minimal improvements which the City Council determines to be essential to the acceptance o for recreational purposes.
The value of the above improvements shall be a credit against the dedication of land or the payment of fees required by this Chapter.
The land to be dedicated, pursuant to this Chapter, shall be approved by City Manager. 9-12-105 Fee in Lieu of Land Dedication.
When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the following formula:
S × AC = Park fee per unit.
where:
P = Population per dwelling unit.
S = Parkland standard of three acres per 1,000 persons (3/1,000); AC = Acquisition Costs as determined by Section 9-1230.6.
Fees to be collected pursuant to this section shall be approved by the City Manager. 9-12-106 Determination of Acquisition Costs.
(a) Acquisition Costs shall be determined by the City as provided in this section. (b) Acquisition costs shall be set by a written appraisal report prepared and signed by an appraiser designated by the City, which evaluates the probable per acre Acquisition Cost of park land taking into consideration the Acquisition Costs of real property which has an approved tentative map, which is within urban centers or communities, and which is within the Planning Area.
(c) Appraisals for Acquisition Costs shall be updated based upon cut-off dates for valuation of January 1 of each year. The Acquisition Costs which shall be applied to a particular subdivision shall be that based upon the appraisal report of the latest update immediately
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preceding the date of application is considered complete by the Community Development Department.
(d) The Acquisition Costs for purposes of computation in Section 9-12-105, will consist of the estimated per acre value set out in the appraisal report. 9-12-107 Disposition of Land and Fees.
(a) Agency Receiving Land or Fees. Land or fees required by this Chapter shall be conveyed or paid directly to the public agency that provides or will provide park and recreational services to the community in which the subdivision is located. (b) Appropriation of Fees. Collected fees shall be appropriated for a specific project in a budgetary year within five (5) years after payment or within five (5) years after the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later. (c) Uncommitted Fees. Fees not committed, as provided for by this Section, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. 9-12-108 Choice and Method of Dedication of Land and/or Payment of Fees. (a) Determination of Land and/or Fees. When a tentative map is approved, the Review Authority shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination.
(b) Basis for Determination. The above determination shall be consistent with the standards in this Chapter and shall be made upon consideration of the following factors:
(1) The City of Mountain House General Plan;
(2) The natural features, access, and location of the land available for dedication; (3) The size and shape of the subdivision and land available for dedication; (4) The location of existing or proposed recreation sites; and (5) For a subdivision of less than fifty (50) parcels, only the payment of fees is required except as otherwise provided by the State Subdivision Map Act for projects exceeding fifty (50) dwelling units. Subdivisions containing less than five (5) parcels and not used for residential purposes are exempt from the fees of this Chapter unless a building permit is requested for construction of a residential structure(s) on one or more of the parcels within four (4) years, in which case the owner of the parcel shall pay the fee required of this Chapter as a condition to issuance of a building permit for such parcel.
9-12-109 Time of Dedication or Payment of Fees.
(a) Dedication of Land. Where the dedication of land is required, the transfer of land, or provisions thereof, shall be accomplished at the time of recording of the final map or parcel map.
(b) Payment of Fee in-Lieu. Where the payment of a fee is required in lieu of land dedication, the fee shall be paid at the time of recording of the final map or parcel map, provided that:
(1) The fees will be used to reimburse the public agency for expenditures previously made that will serve the subdivision; or
(2) The fees will be collected for public improvements or facilities for which an account has been established.
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9-12-110 Credit for Private Open Space.
(a) Amount of Credit. The land or fees required under Section 9-12-104 and Section 9-12-105 may be reduced, at the discretion of the Review Authority, by an amount equivalent to fifty percent (50%) of the area of land in the subdivision which is to be used for private park and recreation facilities.
(b) Standards for Grant of Credit. To grant up to fifty percent (50%) credit for private open space, the Review Authority shall determine that it is in the public interest to do so and that all of the following standards are met:
(1) The project shall be processed as a Planned Development; (2) Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;
(3) The private park and recreation facilities shall be owned by a homeowner’s association. If the homeowner’s association is dissolved or no longer maintains the facilities, the City shall access the then property owner’s records for fees in the amount that would be established at the time under the provisions of this Chapter. The County may accept land of equivalent value;
(4) The use of the private open space shall be restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City; (5) The proposed private open space shall be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and
(6) Facilities proposed for the open space shall be in substantial accordance with the provisions of the recreation portion of the General Plan. 9-12-111 Exemptions.
The provisions of this Division shall not apply to:
(a) Agricultural, commercial, and industrial subdivisions; and (b) Condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old, when no new dwelling units are added. 9-12-112 Subdivision Development Agreements.
Nothing contained within this Chapter shall be construed to prohibit the entering into of a development agreement as authorized by the Government Code and this ordinance Code which addresses the issue of acquisition or dedication of park land provided, however, the dedication and acquisition as set out in this Title shall be considered the minimum standard and no development agreement shall provide for less than the standards and the amounts provided for in this Chapter.
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 two-tenths 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 application has been made, shall be subject to the provisions of this Chapter, unless said parcel has
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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 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
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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
(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
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(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 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
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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.
(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
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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.
(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.
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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, 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
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(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.
(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
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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 medium-income 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 Pre-Existing 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.
(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
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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, 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.
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(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.
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.
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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 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
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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.
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
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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.
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 CountyCity 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.
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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.
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
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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 approving any subsequent development project application on the basis of such new rules, regulations, and policies.
(c) Emergency Situations. The CountyCity 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
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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.
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.
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(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. (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 Agricultural Excavation Permit per Section 9-8-1801, or 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 CountyCity 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.
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(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 Fromfrom 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) Removal when done with an approved surface mining Quarry Excavation Permit per Section 9-854, Quarry Excavation Permits Reserved.
(b) Removal when done with an approved Agricultural Excavation Permit per Section 9-851, Agricultural PermitsReserved.
(c) Removal when done with an approved Use Permit for a sanitary landfill per Section 9-821Chapter 10 of Division 8, Use Permits.
(d) Removal of material related to situations listed under Section 9-14-203, Exemptions.
(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
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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. (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. AGRICULTURAL EXCAVATION STANDARDSRESERVED
9-14-301 Intent.
The intent of this Chapter is to provide standards for removing excess material from agricultural property for agricultural purposes.
9-14-302 Applicability.
The provisions of this Chapter shall apply only if the amount of material being removed is limited to that which is required to increase the agricultural viability of the property. 9-14-303 Development Standards.
The following development standards shall apply to any agricultural excavation permit approved under the provisions of this Title:
(a) Private Roads. All private roads involved in an excavation shall be maintained so as to control the creation of dust;
(b) Final Grade. The final grade shall:
(1) Not result in disruption of the flow of drainage water from the property or adjoining properties;
(2) Not adversely affect the irrigability of the property or surrounding properties. If the property is within an irrigation district, the final grade shall be limited to that elevation which is
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necessary to provide gravity irrigation to the property. This determination may be made by the irrigation district;
(3) Not adversely affect the relation of the water table to the surface of the land; (4) Have an average elevation no less than the average elevation of the natural grade of the surrounding land. The average elevation of the natural or existing grade shall be the average elevation of all land one hundred (100) feet from the perimeter of the proposed excavation, excluding any portion of the perimeter adjacent to a river, riverbank, levee, public road, railroad, canal, pipeline, or other similar uses or rights-of-way. (c) Waterways. A berm or other improvements may be required adjacent to any waterway, including underground facilities, which adjoins the excavation. The heights, setback, and slope of the berm shall be based on recommendation of the agency responsible for the maintenance of the waterway or the Department of Public Works; (d) Hours of Operation. Excavation operations shall not be carried on during the hours from 9:00 p.m. through 5:00 a.m., except during periods of declared national, state, or local emergency. Said hours shall be based on either Pacific Standard Time or Pacific Daylight Saving Time, whichever is legally in effect. The hours of operation may be modified by the Review Authority based upon the excavation’s potential effect on surrounding land uses; (e) Lighting. Any night lighting established on the property shall be arranged and controlled so as not to illuminate public rights-of-way or adjacent properties; (f) Emissions. All emissions shall be subject to the rules and regulations of the City of Mountain House Air Pollution Control District;
(g) Replacement of Topsoil. During the excavation, the topsoil shall be set aside. Upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the approved Grading Plan, approved by the Review Authority. Replacement of topsoil may be waived by the Review Authority if the soils report indicates the replacement of the topsoil will not enhance the agricultural suitability of the property;
(h) Weed Control. If noxious weeds are on the site, operations shall be in accordance with instructions from the Agricultural Commissioner of San Joaquin County; (i) Health Considerations. Excavations shall not cause health or sanitary hazards and shall not create conditions which will cause the breeding or increase of mosquitos, rodents, or other pests;
(j) Commencement of Work. A written notification of work schedules shall be provided to the City by the applicant prior to initiating any grading or excavation; (k) Certification of Compliance. At the completion of the grading, the applicant shall have a registered civil engineer or licensed land surveyor compare the excavation’s final elevations with the approved permit. The engineer or surveyor shall submit a certified, written finding to the Building Official which states and documents the compliance or noncompliance of the excavation with the approved permit. If the project conforms with the approved permit, the Review Authority shall accept the certification and either notify the applicant that the stockpiled material may be removed or release the required performance guarantee, as specified in Subsection (p);
(l) Time Limitation. The time limit shall be based upon the characteristics of the proposal, including, but not limited to, the quantity of material to be removed and the applicant’s time schedule and phasing plan. Specific time limitation may be required for individual phases of the excavation;
(m) Erosion Control. Protective vegetative planting, silt screen dams, or other
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approved methods shall be required where necessary for the control of erosion. An erosion and sediment control plan approved by Development Services Division shall be part of the reclamation plan;
(n) Excavation/Reclamation Schedule. The reclamation plan (as required in Section 9-851.3) shall show the phases of excavation. Reclamation on one (1) phase of an excavation shall be initiated prior to the start of the next excavation phase. The final reclamation of any phase of excavation shall be completed within two (2) years of the commencement of the reclamation process. Excavation shall be limited so that at any point of time a maximum of one (1) phase is being reclaimed while one (1) phase is being excavated; (o) Annual Inspection Reports. The applicant shall pay a fee to the City to cover the cost of annual inspections of the excavation to ensure compliance with the conditions of the permit and the reclamation plan. The County may use professional services as provided for in Section 9-240.11. The consultant shall be selected by the City of Mountain House. Upon completion of the annual inspection, the person in charge of the mining operation shall submit to the State Geologist and the City a report which shall contain all the information as required by Section 2207 of the Public Resources Code. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the applicant only if noncompliance with the conditions of the Agricultural Excavation Permit or the reclamation plan is found; (p) Performance Guarantee. In order to ensure reclamation of the site, compliance with conditions of approval, and compliance with County and State mining regulations, the applicant shall provide performance guarantees as a condition of the issuance of the Agricultural Excavation Permit. The amount and form of the guarantee shall be subject to annual review and approval by the City and the State, and the amount shall be adequate to ensure reclamation of disturbed land and/or land to be disturbed during a given phase. The annual review of the financial guarantee shall be coordinated with the annual inspection and approval of successive reclamation security so that the guarantee includes the amount of disturbed land plus the amount of land estimated to be disturbed during the next twelve (12) months, less the amount of land previously determined by Development Services Division annual inspection to have been reclaimed. The performance guarantee shall be in the form of either: 1) a surety bond, 2) a trust fund with the lead agency, or 3) an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee shall be payable to “City of Mountain House or the Department of Conservation” under the applicable provisions of the City and the State mining regulations. The financial guarantee shall be callable by the City or the State under the following circumstances:
(1) The applicant causes the excavation to become idle (as defined in Section 9-1-304) without an approved interim management plan;
(2) The applicant files for bankruptcy;
(3) The County or State determines on the basis of annual inspections and reports that the applicant has not maintained substantial compliance with the approved permit; (4) There arises an occurrence or circumstance which, in the opinion of the City or State, jeopardizes the site reclamation; or
(5) The State makes one (1) or more of the findings specified in Section 2774.4(a) of the State Public Resources Code.
In any instance that the City or State makes the demand for partial or full tender of the financial guarantee of performance, the City and/or State may use all or any portion of the financial guarantee to reclaim the site and to recover its administrative costs associated therewith.
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(q) Enforcement. Except as otherwise provided in State Mining Regulations, the City shall have authority to enforce of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and m compensation;
(r) Quantity Limitation. Excavation of more than one hundred thousand (100,000) yards of material shall require a Quarry Excavation Permit. Successive agricultural excavations on the same parcel exceeding a total of one hundred thousand (100,000) yards of material over a period of less than twenty (20) years shall not be permitted. Excavations prior to January 25, 2005 shall not be included in the calculation of the amount of material excavated. 9-14-304 Surface Mining and Reclamation Act.
Approved Agricultural Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, 3500 et seq.).
CHAPTER 4. QUARRY EXCAVATION STANDARDS RESERVED
9-14-401 Intent.
The intent of this Chapter is to provide standards for the extraction of mineral resources. 9-14-402 Surface Mining and Reclamation Act.
Approved Quarry Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, 3500 et seq.).
9-14-403 Development Standards.
Any Quarry Excavation Permit approved under the provisions of this Title shall be subject to the following standards:
(a) Permitted Accessory Uses. Quarry excavations may include the use of equipment, structures, and facilities necessary or convenient for the extraction, processing, storage, and transport of materials, including, but not limited to:
(1) Separation plants;
(2) Rock crushers;
(3) Concrete batching plants;
(4) Asphalt batching plants; and
(5) Recycling facilities that recycle material into asphalt concrete, Portland cement concrete, aggregate base, sand, gravel, fill dirt, or other products that are determined by the Director to be common to the aggregate industry.
Permitted Accessory Uses shall not be initiated unless approved by the Review Authority as a part of a new Quarry Excavation Permit or separately approved by the Director as an addition
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to a previously approved Quarry Excavation Permit. The Director shall require the applicant to submit an Improvement Plan, as provided in Section 9-8-2801, with fees as specified by resolution of the City Council, in order to secure approval for the permitted accessory use. (b) Stockpiling. No stockpiled soil or material shall be placed closer than twenty-five (25) feet to a property boundary except as provided for in Subsection (m); (c) Private Roads. All private roads involved in an excavation shall be maintained so as to control the creation of dust. The first one hundred (100) feet of any private road on the property which intersects with a publicly maintained road shall be surfaced in a manner approved by the Director. Traffic-control and warning signs shall be installed, if required, at such intersection. The placement and size of these signs shall be approved by the Director of Public Works;
(d) Erosion Control. Protective vegetative planting, silt screen dams, or other approved methods shall be required where necessary for the control of erosion. An erosion and sediment control plan approved by Development Services Division shall be part of the reclamation plan;
(e) Performance Standards. Standards contained in Chapter 5 of Division 10 shall be met;
(f) Hours of Operation:
(1) Normal Hours. Plant operations shall normally be carried on during the hours from 5:00 a.m. and 9:00 p.m.
(2) Time Zone. Said hours shall be based on either Pacific Standard Time or Pacific Daylight Savings Time, whichever is legally in effect.
(3) Exceptions. Exceptions may be made:
(A) For periods of declared national, state, or County emergency, or (B) If a finding can be made by the Review Authority that the longer hours of operation will not cause a nuisance in the case of a specific quarry excavation. (4) Extension of Hours. Normal operating hours may be extended if the Director of the Community Development Department determines that the extended hours of operation are necessary to meet the operational need of a specific project, provided:
(A) Any request for extension in the hours of operations shall be made in writing to the Director of the Community Development Department and include:
(i) The reason for the extended hours of operation,
(ii) The hours of extended operation and the day the extended operations are to commence and terminate, and
(iii) A copy of the bid specifications, contract terms, or other similar applicable documents, if applicable.
(B) The request shall be approved or disapproved by the Director of the Community Development Department within three (3) business days following the day on which the request is filed.
(i) If approved, the Director may impose conditions on the extended hours which are appropriate to reduce disturbance to the public or residents in the area of the quarry. (ii) Notice of the approval and conditions shall be sent to all property owners in the area.
(C) The applicant shall reimburse the Community Development Department for all costs associated with the request.
(g) Replacement of Topsoil. In agricultural areas, the topsoil shall be set aside, and
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upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the excavation permit. This requirement may be waived if the property is to be rehabilitated for a use other than agriculture which is consistent with the General Plan, or if a soils report indicates the replacement of the topsoil will not enhance the agricultural suitability of the property.
In such cases, the topsoil may be removed from the site; (h) Weed Control. If noxious weeds are on the site, operations shall be in accordance with instructions from the Agricultural Commissioner of San Joaquin County; (i) Health Considerations. Quarry excavations shall:
(1) Not cause health or sanitary hazards and shall not create conditions which will cause the breeding or increase of mosquitos, rodents, or other pests. (2) Provide an approved potable water supply for all employees. (3) Provide approved toilets for all employees (chemical toilets are acceptable). (4) Provide handwashing facilities on or near the approved toilets. (j) Setbacks. No excavation shall take place within twenty-five (25) feet of any property line or right-of-way (nor within the allowed slopes adjacent to said twenty-five (25) foot setback), unless the elevation prior to excavation is more than that of the abutting property, in which case the elevation within said twenty-five (25) foot setback shall at no time be less than that of the abutting property, at the property line;
(k) Slopes. The following provisions do not apply to temporary interior cut slopes (i.e., working slopes that do not fall within any of the criteria listed below). Temporary interior cut slopes shall comply with the Cal OSHA Code of Regulations and/or the Federal OSHA Code of Regulations as applicable.
(1) Terracing Required. All slopes over fifty (50) feet in height shall be terraced with a maximum vertical distance between terraces of fifty (50) feet. Each terrace or bench shall be a minimum of twelve (12) feet wide.
(2) Terrace Drainage.
(A) Drainage plans with calculations shall be submitted for approval to Development Services Division for all terraces as part of the Reclamation Plan. (B) Terraces for reclaimed final slopes shall be sloped back towards the fill and be designed such that runoff is directed to collection points where it can enter catch basins and be conveyed via pipes or other acceptable conveyance to the toe of slope. The spacing of collection points shall be no greater than 1,500 feet, with each reclaimed final slope face that has terracing shall have a minimum of one (1) down drain. The method of transporting the water along the flow line of the terrace to the down drain, so as to prevent erosion and possible slope failure, shall be approved by the Development Services Division.
(C) The method of drainage of terraces for temporary slopes at setback lines shall be submitted to Development Services division for approval. (3) Slope Modification Requirement.
(A) The Review Authority may require slopes flatter than those specified below for safety or aesthetic purposes if the proximity of residential and other urban uses, waterways or roads, the instability of materials, or the surrounding terrain so warrants. (B) If after one (1) year or more of extraction the approved slope does not remain stable, the Review Authority shall have the authority to reduce the slope or require other appropriate measures in the immediate area and other areas as deemed necessary in order to correct the condition as well as require the operator to correct the deteriorated slope. (4) Slope Stability Factors of Safety. When required in this Title to provide
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site-specific geologic and engineering slope stability analysis, the following minimum slope stability factors of safety shall apply:
(A) A minimum factor of safety of 1.5 against static deep seated failure. (B) A minimum factor of safety of 1.5 against static surficial failure. (C) A minimum factor of safety of 1.1 against seismic failure; (5) Temporary Cut Slopes at Setback Lines. Temporary cut slopes (i.e., for limited periods of time, slopes that are in the process of extraction prior to being backfilled) at setback lines shall not exceed one (1) foot horizontal to one (1) foot vertical, except that temporary cut slopes at setback lines to a maximum of one-half (½) of a foot horizontal to one (1) foot vertical may be maintained if site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed temporary cut slopes will have a minimum slope stability factor of safety as required in Section 9-1415.3(k)(4). However, in the event that there are existing structures on the adjacent property (or the immediate potential for structures on the adjacent property), the excavation shall at not time be closer to the property line than a line projected on a slope of one (1) to one (1) from the property line to the toe of slope. (6) Final Slopes. Final cut and/or fill slopes shall not exceed two (2) feet horizontal to one (1) foot vertical, except as specified below:
(A) Final slopes to a maximum of one and one-half (1½) feet horizontal to one (1) foot vertical may be maintained when site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed final slopes will have a minimum slope stability factor of safety as required in Section 9-1415.2(k)(4), while demonstrating suitability for the proposed end use and protecting against erosion (by means of revegetation or other methods approved by Development Services Division).
(B) Final slopes to a maximum of one (1) horizontal foot to one (1) foot vertical may be maintained under water (beginning five (5) feet below the lowest water table on the property experienced in the preceding three (3) years) when site-specific geologic and engineering analysis demonstrate through a slope stability analysis that the proposed saturated slopes will have a minimum slope stability factor of safety as required in Section 9-1415.2(k)(4); (7) Fill Slopes. Fill slopes shall be constructed consistent with recommendations from a qualified civil/geotechnical engineer based upon site-specific geologic conditions; (l) Fencing. Fencing four (4) feet in height consisting of not less than three (3) strands of barbed wire, or an approved equivalent, shall be placed around the excavation area where slopes steeper than two (2) feet horizontal to one (1) foot vertical are maintained. Six (6) foot high security fencing or an approved equivalent shall be required where slopes steeper than two (2) feet horizontal to one (1) foot vertical are created, if the proximity of such slopes to residential uses or other uses involving a concentration of people so warrants; (m) Screening and Landscaping:
(1) Where an open pit operation is visible from a public road right-of-way or property zoned or shown on the General Plan for residential development, screening consistent with Chapter 6 of Division 10 is required;
(2) The Review Authority may approve the use of a landscaped berm to screen the pit provided that an adequate setback for maintenance is provided and sight distance at road intersections is not impaired.
(n) Ponding. All water utilized in the plant operation shall be disposed of behind a closed dike unless an alternative method is approved by the Review Authority; (o) Excavation/Reclamation Schedule. The reclamation plan (as required in Section
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9-854) shall show the phases of excavation. Reclamation on one phase of an excavation shall be initiated prior to the start of the next excavation phase. The final reclamation of any phase of excavation shall be completed within two (2) years of the commencement of the reclamation process. Excavation shall be limited so that at any point of time a maximum of one phase is being reclaimed while one phase is being excavated;
(p) Time Limitation. The Review Authority may place a time limit on the Quarry Excavation Permit or any phase of the Permit. Absent any specific time limitation, the Quarry Excavation Permit shall remain in effect as long as the excavation continues in compliance with the approved Permit;
(q) Annual Inspection Reports. The applicant shall pay a fee to the City to cover the cost of annual inspections of the excavation to ensure compliance with the conditions of the permit and the reclamation plan. The County may use professional services as provided for in Section 9-240.11. The consultant shall be selected by the City of Mountain House. Upon completion of the annual inspection, the person in charge of the mining operation shall submit to the State Geologist and the City a report which shall contain all the information as required by Section 2207 of the Public Resources Code. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the applicant only if noncompliance with the conditions of the Quarry Excavation Permit or the reclamation plan is found; (r) Performance Guarantee. In order to ensure reclamation of the site, compliance with conditions of approval, and compliance with County and State mining regulations, the applicant shall provide performance guarantees as a condition of the issuance of the Quarry Excavation Permit. The amount and form of the guarantee shall be subject to annual review and approval by the City and the State, and the amount shall be adequate to ensure reclamation of disturbed land and/or land to be disturbed during a given phase. The annual review of the financial guarantee shall be coordinated with the annual inspection and approval of successive reclamation security so that the guarantee includes the amount of disturbed land plus the amount of land estimated to be disturbed during the next twelve (12) months, less the amount of land previously determined by the Department of Public Works annual inspection to have been reclaimed. The performance guarantee shall be in the form of either: 1) a surety bond, 2) a trust fund with the lead agency, or 3) an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee shall be payable to “City of Mountain House and the Department of Conservation” under the applicable provisions of the City and the state mining regulations. The financial guarantee shall be callable by the City or the state under the following circumstances:
(1) The applicant causes the excavation to become idle (as defined in Section 9-1-304) without an approved interim management plan;
(2) The applicant files for bankruptcy;
(3) The County or state determines on the basis of annual inspections and reports that the applicant has not maintained substantial compliance with the approved Permit; (4) There arises an occurrence or circumstance which, in the opinion of the City or state, jeopardizes the site reclamation; or
(5) The State makes one or more of the findings specified in Section 2774.4(a) of the State Public Resources Code.
In any instance that the City or state makes the demand for partial or full tender of the financial guarantee of performance, the City and/or state may use all or any portion of the financial guarantee to reclaim the site and to recover its administrative costs associated therewith.
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(s) Exception to Operating Conditions. The Review Authority may grant an exception to any operating condition contained herein, except the requirement of a reclamation plan. A written report will be required to show that such exception will not result in a hazardous condition, the cost of strict compliance would be unreasonable in view of all the circumstances, and such exceptions will not adversely affect the environment, property, or persons in the area. Such request shall be filed with the original or a subsequent application and shall include a complete statement of justification;
(t) Enforcement. Except as otherwise provided in State Mining Regulations, the City shall have authority to enforce provisions of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the City Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant the costs of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and materials compensation; and
(u) Groundwater Conditions. An evaluation of the impact of resource extraction on groundwater conditions shall be required for all quarry excavations which extend to depths below the groundwater level of the uppermost aquifer.
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;
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(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.
(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
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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.
(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.
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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. 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
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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:
(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
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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 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
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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; (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 City of Mountain House 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
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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. (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
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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.
9-16-205.1 Special Flood Protection Findings Required by State Law.
The unincorporated community of Mountain HouseCity 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.
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(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 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
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certification shall be provided to the building official. Any openings shown in said design shall 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 flood levels during the occurrence of the one hundred (100) year flood discharge and all other Floodplain
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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. SIGN REGULATIONS SIGNS
CHAPTER 1. SIGN REGULATIONS: INTENT AND ORGANIZATION
9-17-101 Title and IntentPurpose of Chapter.
Division 17 constitutes the Sign Regulations. The intent of this Division is to establish sign standards that will preserve the natural setting and built environment of the City of Mountain House. This Division sets forth regulations to balance the need for a well maintained, attractive community; for the protection of the public safety and welfare; and for sufficient identification of uses within the City. These regulations have the following specific objectives:
(a) Reflect and support a desirable visual quality of future development throughout the entire County;
(b) Attract and direct
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
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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 places throughout the City for their convenient movement; and , (c) Ensure that signs are designed, constructed, installed, and maintained so as to not endanger the public.
CHAPTER 2. SIGNS: GENERAL PROVISIONS
9-17-201 Intent.
The intent of this Chapter is to set forth general provisions for signs. 9-17-202 Application.
Except for signs expressly exempted by the provisions of Section 9-1705.5 of this Division, no sign shall be erected, constructed, attached, or maintained on any property except in conformity with this Division.
9-17-203 Sign Inventory.
Pursuant to Section 5491.1 of the Business and Professions Code, an inventory of all illegal signs in City of Mountain House shall be commenced.
9-17-204 Prohibited Signs.
Unless otherwise specified, it shall be unlawful to erect or maintain:
(a) Any sign advertising a home occupation;
(b) Any sign imitating or resembling a traffic sign, institutional/public sign, traffic signal or symbol, but which is not actually such a sign; (c) Any sign that is attached to a rock, tree, telephone pole, utility pole, or street light; (d) Any sign that emits a sound in order
(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
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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 to thefor purposes of advertising any location(s), business(es) or product being advertised; (e(s) Any sign that obstructs any form of ingress or egress, such as doors, windows, fire escapes, stairways, or ventilators;
(f) Any sign illuminated by strobe or flashing lights;
(g) Any sign located within or projecting over any public right-of-way or railroad right-of-way, publicly owned property, or stream or creek channel, except for institutional/public signs.
9-17-205 Exempt Signs.
Except for the requirements contained in Sections 9-17-204, 7-17-302(c)—(f), and 9-17-303, the following signs are exempt from the requirements of this Division. These signs are not to be included in the determination of the allowable number, type or area of signs as specified in Section 9-17-301.
(a) Commemorative;
(b) Informational;
(c) Institutional/Public;
(d) Flag;
(e) Traffic;
(f) Supplemental Tenant;
(g) Utility;
(h) Window;
(i) Crop-identification; 4-H;
(j) Right-to-Farm;
(k) No Trespassing;
(l) Signs located inside a building, courtyard or mall, or any other sign not conspicuously visible and readable from a public street or adjacent, separately owned property.
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9-17-206 Gasoline Sales.
In addition to other signage allowed in Section 9-17-301, on-site signs advertising the price of gasoline are permitted. Such signs must not exceed thirty (30) square feet in size. Up to one-third of the sign may identify the brand of gasoline sold. In case of any conflict between the provision of this Chapter and State requirements for signs related to gasoline sales, the State provisions shall govern.
9-17-207 Maintenance.
All signs shall be properly maintained. Exposed surfaces shall be clean and painted, when required. All defective parts shall be replaced. The Director shall have the right to order the repair or removal of any sign which appears poorly maintained, defective, damaged, or deteriorated. 9-17-208 Changeable Copy.
Unless otherwise specified by this Division, all permitted signs may use manual or automatic changeable copy.
9-17-209 Nonconforming Signs.
Nonconforming signs are permitted, subject to the requirements set forth in this Chapter regarding safety, maintenance, and repair. However, if any such sign is relocated, or requires repair or maintenance exceeding fifty percent (50%) of its appraised replacement value, the sign shall be brought into conformance with this Code, or removed. Similarly, if such sign is removed by any means, including an act of God, it shall be restored, reconstructed, altered, or repaired based on the provisions of this Division.
CHAPTER 3. SIGNS: STANDARDS
9-17-301 Intent.
This Section establishes sign standards consistent with both the existing and future character of the City.
9-17-302 General Standards.
Unless otherwise specified elsewhere in this Division, the following standards shall apply to all signs:
(a) Combination of Signs. Two (2) signs are the maximum number of signs allowed per use in all zones, except where otherwise allowed by the provisions of this Division. (b) Computation of Sign Area.
(1) Surface Area. The surface area of a sign shall be computed by including the entire area within a single, continuous, rectilinear perimeter enclosing the extreme limits of the writing, representation, emblem, neon lighting or other display, together with any material or color forming an integral part of the background of the display but not including any supporting framework or bracing that is clearly incidental to the display itself. (2) Awning Sign. In calculating the sign area of awning signs, only the area occupied by the message on the awning will be counted.
(3) Multisection Sign. If the sign consists of more than one (1) section or module, the sign area of each section or module shall be included in the computation of the total sign area. (4) Double-Faced Sign. The sign surface area of a double-faced, back-to-back sign
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shall be calculated by using the area of only one (1) side of such sign, as long as the distance between the backs of such signs does not exceed three (3) feet. (5) Multifaced/Three-Dimensional Sign. The sign surface area of a multifaced or three-dimensional sign shall be computed by including the total of all sides designed to attract attention or communicate information and which can be seen at any one time by one (1) person from one (1) vantage point.
(c) Vehicular and Pedestrian Clearance. Signs shall maintain a minimum of fourteen (14) feet clearance over any vehicular use area and eight (8) feet clearance over any pedestrian use area.
(d) Illumination. Signs may be indirectly illuminated or internally illuminated, subject to the provisions of Section 9-10-706. The light source shall not be visible from the street or from abutting properties and shall be concealed or shielded. (e) Structure. Sign structures shall be designed to minimize the visibility of any supports around the sign.
(f) Obstruction of Views. No sign shall be located so that it substantially interferes with the view motorists need to proceed safely through intersections or to enter onto or exit from public streets or private roads. A sign shall neither obscure nor interfere with views of significant natural or scenic landscape features on or off the site. (g) Setbacks. With the exception of off-premises directional signs permitted for wineries and wine cellars, all portions of a sign shall be setback a minimum of five (5) feet from future right-of-way lines, and from the corner cut-off (snipe), and shall not block pedestrian or vehicle rights-of-way. Off-premises directional signs permitted for wineries and wine cellars shall be setback a minimum of five (5) feet from existing right-of-way lines, and from the corner cut-off (snipe), and shall not block pedestrian or vehicle rights-of-way. (h) Multiple Tenants in a Development. Where there are multiple tenants in a development, tenant signs visible from a public street shall be designed to relate to one another in terms of style, materials, colors, and form, although the use of different colors and logos is allowed.
9-17-303 New and Replacement Sign Review and Approval Procedures.
All new or replacement signs, except exempt signs shall be reviewed as follows:
(a) New Signs on Parcels With Less Than Four Uses. New signs on parcels that contain less than four (4) existing or proposed uses require an approved improvement plan. The application shall include a sign plan indicating the total number, size, height and type of signs, location of signs on the structures, and the elevations and illustrations of the proposed design of the signs.
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.
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
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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.
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
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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.
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
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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; (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;
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(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, (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;
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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) New Signs on Parcels With Four or More Uses. The review of new signs on parcels that contain four (4) or more existing or proposed uses shall be included in the approved Site Approval, Use Permit, or Special Purpose Plan. The Content. The building permit application shall include a sign plan indicating the total number, size, height and type of signs, the location of all signs on the parcels or structures, and theapplicable elevations, and illustrations of the proposed design of the signssign(s).
(c) Replacement Signs. Signs proposed to replace existing signs, where the proposed sign(s) complies with the requirements of this Chapter may be reviewed and approved in as a part of the building permit for the sign.
9-17-304 On-Premises Sign Standards.
The following standards shall apply to the specific sign types identified. Except as otherwise specified in this Chapter, all new or replacement signs shall comply with the following regulations. No other signs, other than exempt signs listed in Section 9-17-205, are allowed. (a) Subdivision Identification Signs. The following standards apply to the construction of any new signs in conjunction with a subdivision:
(1) Freestanding Signs.
(A) Number of Signs. One (1) monument sign is permitted for each entrance into the subdivision. In lieu of a monument sign, the name of the subdivision may be incorporated into a masonry fence at the subdivision entrance.
(B) Size of Signs. Signs shall not exceed fifty (50) square feet per sign face. (C) Height of Signs. Signs shall not exceed four (4) feet in height. (2) Attached signs are not
(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) Multifamily Residential Projects. The following standards apply to the construction of any new signs in conjunction with a multifamily residential project: Applicability and Review Procedure.
(1) Freestanding Signs.
(A) Number of Signs. One (1) monument sign is permitted for each primary entrance into the project.
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(B) Size of Signs. Signs shall not exceed fifty (50) square feet per sign face. (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) Height of Signs. Signs shall not exceed fourAny non-residential development with two (42) feet in heightor more tenants.
(2) Attached Signs.
(A) Number of Signs. One (1) attached sign shall be permitted for each structure containing ten (10) or more units.
(B) Size of Signs. Signs shall not exceed twenty (20) square feet per sign face. (C) Height of Signs. Signs shall not project above the eave of the structure. (c) Development Projects in Residential Zones. The following standards apply to the construction of any new signs in conjunction with a development project in all residential zones:
(1) Freestanding Signs.
(A) Number of Signs. One (1) monument sign is permitted for each street frontage of the parcel.
(B) Size of Signs. Signs shall not exceed sixty (60) square feet per sign face. (C) Height of Signs. Signs shall not exceed four (4) feet in height. (2) Attached Signs.
(A) Number of Signs. One (1) wall sign shall be permitted. (B) Size of Signs. Signs shall not exceed forty (40) square feet per sign face. (C) Height of Signs. Signs shall not project above the eave of the structure. (d) Standards for C-L, C-N, C-X and C-O Zones. The following standards apply to (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 constructionheight of any new signs for uses in the C-L, C-N, C-X and C-O zones:
(1) Freestanding Signs.
(A) Numberand the number of Signs. One (1) freestanding sign per parcel shall be permitted for each street frontage of the parcel.
(B) Size of Signs. Pole signs shall not exceed fifty (50) square feet per sign face and monument signs shall not exceed sixty (60) square feet per sign face. The sign face area may be increased by up to fifteen (15) square feet for each additional tenant more than one (1) on-site to a maximum size of one hundred and twenty (120) square feet. (C) Height of Signs. Pole signs shall not exceed twenty-five (25) feet in height and monument signs shall not exceed six (6) feet in height. (D) Proximity to Other Signs. Freestanding signs shall not be placed closer than fifty (50) feet from any other freestanding sign.
(2) Attached Signs.
(A) Number of Signs. One (1) projecting sign per tenant shall be permitted for each street frontage of the tenant. Multiple wall signs are allowed.
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(B) Size of Signs. Projecting signs shall not exceed twenty-five (25) square feet per sign face. Wall signs shall not exceed a combined total of sixty (60) square feet of sign face area.
An additional twenty (20) square feet of sign face area may be added for each tenant above one (1). (C) Height of Signs. Attached signs shall not project above the ridge line of the building.
(D) Proximity to Other Signs. Projecting signs shall not be constructed closer than twenty (20) feet from another projecting sign.
(3) Portable Signs.
(A) One (1) sign shall be permitted for each tenant.
(B) All portable signs shall be located on the premises of the tenant or activity being advertised.
(C) The sign area shall not exceed twenty (20) square feet per sign face. (D) The sign shall be nonilluminating.
(E) The sign shall not block pedestrian or vehicle rights-of-way. (F) The sign shall not create a visual hazard. 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); (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 for C-C, C-G, C-RS and C-FS Zones. The following standards apply to the construction of any new signs for uses in the C-C, C-G, C-RS and C-FS zones: . (1) Freestanding Signs.
(A) Number of Signs. One (1) freestanding sign per parcel shall be permitted for each street frontage of the parcel. In the C-FS zone one (1) pole sign oriented toward the freeway and one (1) monument sign on the local access street is allowed. (B) Size of Signs. Pole signs shall not exceed sixty (60) square feet per sign face and monument signs shall not exceed eighty (80) square feet per sign face. The sign face area may be increased by up to twenty (20) square feet for each additional tenant more than one (1) on-site to a maximum size of one hundred forty (140) square feet.
(C) Height of Signs. Pole signs shall not exceed forty-five (45) feet in height and monument signs shall not exceed eight (8) feet in height. In the C-FS zone pole signs oriented toward freeway traffic may be thirty-five (35) feet above the highest point of the nearest freeway interchange.
(D) Proximity to Other Signs. Freestanding signs shall not be placed closer than fifty (50) feet from any other freestanding sign.
(2) Attached Signs.
(A) Number of Signs. One (1) projecting sign per tenant shall be permitted for each street frontage of the tenant. Multiple wall signs are allowed. (B) Size of Signs. Projecting signs shall not exceed twenty-five (25) square feet per sign face. Wall signs shall not exceed a combined total of eighty (80) square feet of sign face area.
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An additional twenty-five (25) square feet of sign face area may be added for each tenant above one (1).
(C) Height of Signs. Attached signs shall not project above the ridge line of the building.
(D) Proximity to Other Signs. Projecting signs shall not be constructed closer than twenty (20) feet from another projecting sign.
(3
(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) Portable Signs.
(A) One (1) sign shall be permitted per each tenant.
(B) All portable signs shall be located on the premises of the tenant or activity being advertised.
(C) The sign area shall not exceed twenty (20) square feet per sign face. (D) The sign shall be nonilluminating.
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(E) The sign shall not block pedestrian or vehicle rights-of-way. (F) The sign shall not create a visual hazard.
(f) Standards for Industrial Zones. The following standards apply to the construction of any new signs for uses in industrial zones:
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. (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) Number of Signs. One (1) freestanding sign per parcel shall be permitted for each street frontage of the parcel.
(A) No more than three (3) signs are allowed per parcel. (B) Size of Signs. Pole signs shall not exceed sixty (60) square feet perTotal sign face and monument signsarea shall not exceed eighty (80)18 square feet per sign face. The sign face area may be increased by up to twenty (20) square feet for each additional tenant more than one (1) on-site to, with a maximum size of one hundred forty (140six (6) square feet per sign. (C) Height of Signs. Pole signs shall not exceed forty-five (45) feet inSign height and monument signs shall not exceed eightthree (83) feet in height. (D) Proximity to Other Signs. Freestanding signs shall not be placed closer than seventy-five (75) feet from any other freestandingilluminated. (E) Duration of sign placement must conform with Section 9-17-106 (c)(5) of this code.
(2) AttachedSite Signs.
(A) Number of Signs. One (1) projecting sign per tenantSite signs shall only be permitted for each street frontage of the tenant. Multiple wall signs are allowed. (B) Size of Signs. Projecting signs shall not exceed twenty-five (25) square feet per sign face. Wall signs shall not exceed ten percent (10%) of the surface area of the wall to which the sign is attached.
(C) Height of Signs. Attached signs shall not project above the ridge line of the building.
(D) Proximity to Other Signs. Projecting signs shall not be constructed closer than twenty (20) feet from another projecting sign.
(g) Standards for Agricultural Zones: Agricultural Use. The following standards
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apply to the construction of any new signs in conjunction with a permitted agricultural use:
(1) Freestanding Signs.
(A) Number of Signs. One (1) freestanding sign per parcel shall be permitted for each street frontage of the parcel.
(B) Size of Signs. Pole signs shall not exceed twenty-five (25)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 per sign face and monument signs shall not exceed thirty (30) square feetshall be permitted, per sign face. (CD) Height of Signs. Pole signsSign height shall not exceedbe a maximum of eight (8) feet in height and monument signs shall not exceed six (6) feet in height. (DE) Proximity to Other Signs. Freestanding signs shall not be placed closer than seventy-set back a minimum of five (755) feet from any other freestanding sign. (2property lines adjacent to a public right-of-way.
(F) Attached Signs shall not be illuminated.
(A) Number of Signs. One (1) projecting sign, or one (1) wall sign. (B) Size of Signs. Attached signs shall not exceed twenty-five (25) square feet per sign face.
(C) Height of Signs. Attached signs shall not project above the ridge line of the building.
(h) Standards for Agricultural Zones: Development Project. The following standards apply to the construction of any new signs in conjunction with a development project in an agricultural zone:
(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) NumberA maximum of Signs. Oneone (1) temporary wall, freestanding, or banner sign is allowed per parcel shall be permitted for each street frontage of the parcelproperty. (B) Size of Signs. Pole signs shall not exceed fifty (50) square feet perMaximum sign face and monument signsarea shall not exceed sixty (60)be 32 square feet per sign face. (C) Height of Signs. Pole signs shall not exceed twenty-five (25) feet inMaximum sign height and monument signs shall not exceed six (6be seven (7) feet in height. (D) Proximity to Other Signs. Freestanding signs shall not be placed closer than seventy-five (75) feet from any other freestanding sign. (2) Attached Signs.
(A) Number of Signs. One (1) projecting sign, or one wall sign. (B) Size of Signs. Attached signs shall not exceed fifty (50) square feet per sign face.
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(C) Height of Signs. Attached signs shall not project above the ridge line of the building.
(i) Standards for Agricultural Zones: Produce Stands. The following standards apply to the construction of any new signs in conjunction with a produce stand in an agricultural zone:
(1) Number of Signs. A total of six (6) freestanding and attached signs are allowed. (2) Size of Signs. Signs shall not exceed twenty-five (25) square feet per sign face. (3) Height of Signs. Freestanding signs shall not exceed fifteen (15) feet in height, and attached signs shall not exceed twenty (20) feet in height. (4) Location of Signs. Four (4) of the allowable six (6) signs may be located off the site, but no further than one thousand (1,000) feet in any direction from the produce stand. (5) Sign Materials and Illumination. Signs shall be constructed of wood, metal, or other permanent materials. Butcher paper or other temporary materials are prohibited. 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.
(j) Modification of Requirements. The requirement of this section may be modified by the Review Authority in cases in which, due to the unusual nature of the development proposal, the requirements set forth herein may be considered insufficient or excessive. This modification requires at a minimum site approval review. In making the decision, the Review Authority must find that the following are true:
(1) The proposed signs are consistent with the size of the facility and related structures, the location of the public access to the development, and other signage in the vicinity; (2) The height, size and number of the proposed signs are the minimum required to identify and direct the public to services and products available on-site. 9-17-305 Temporary
(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 are permittedoffering property for sale, lease, or rent, on the property being advertised, subject to the following standards regulating their construction, installation or display:
(a) Number of Signs. One (1) balloon shall be allowed per building or multitenant site; one (1) banner shall be allowed for each building eighteen (18) feet or greater in height; one (1) nonilluminated construction/development sign shall be permitted for each street frontage of a construction project; and one (1) nonilluminated real-estate sign shall be permitted per street frontage per lot.
(b) Real Estate Sales, Lease or Exchange Signs. On-site and off-site signs advertising the sale, lease or exchange of real estate or directions to real estate for sale, lease or exchange are permitted as follows:
(1) Single-Family Residences. On-site signs advertising the sale, lease or exchange of a single-family residence shall not exceed an overall size of nine (9) square feet and are limited to
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one (1) per lot.
(2) Other On-Site Real Estate Signs. On-site signs advertising the sale, lease or exchange of real estate other than a single-family residence shall be limited to an overall size of twenty (20) square feet and one (1) sign per frontage per parcel. (3) Open House Advertising. Signs may be utilized in conjunction with open house real estate sales activity, provided that the portable signs do not exceed an overall size of nine (9) square feet, do not exceed a height of two and one-half (2½) feet, and are not located in public road right-of-way. Signs shall be on display only when property is open for inspection. (4) Directional Signs. Off-site signs advertising the sale, lease or exchange of real estate including the directions to the property shall be limited to an overall size of thirty-two (32) square feet and one sign per seven hundred fifty (750) feet of frontage. Such signs shall not be located within a public road right-of-way, or the required front yard setback, and are not exempt from the provisions of the Highway Beautification Act of 1965 (23 U.S.C. § 131). Such signs shall require an approved Improvement Plan (minor).
(5) On-Site Marketing Signs for New Subdivisions Containing More Than Four Parcels. On-site signs for the purpose of marketing the sale of new subdivision parcels shall not exceed thirty-two (32) square feet and are limited to one (1) per subdivision. (c) Time Limitations. Except for real estate sales and political signs, signslimitations:
(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 erectedremoved no morelater than thirty (30) days prior to commencement of an event and removed within seven (7) days followingfrom the date of the completion of the eventsale or the signing of the lease. (d) Removal of Political Signs. PoliticalDuration. Temporary signs in all zoning districts shall be removed within thirty (30) days following the conclusionearliest of an election. (e) Removal of Real Estate Sales, Lease and Exchange Signs. Real estate sales, lease and exchange signs shall be removed within thirty (30) days following the completion of the sale, lease or exchange of the property.
DIVISION 18. WILLIAMSON ACT REGULATIONS
CHAPTER 1. WILLIAMSON ACT REGULATIONS: INTENT AND ORGANIZATION 9-18-101 Title and Intent.
Division 18 constitutes the Williamson Act Regulations. The purpose of this Division is to prescribe regulations for implementing the Williamson Act.
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CHAPTER 2. AGRICULTURAL PRESERVES
9-18-201 Intent.
The intent of this Chapter is to provide a method for establishing, disestablishing, or altering the boundaries of agricultural preserves, as provided in the Williamson Act as set forth in the California Government Code.
9-18-202when:
(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 for Application.
Agricultural Preserve applications may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his designated agent.
Applications shall be filed with the Community Development Department. Agricultural Preserve applications which request the establishment or alteration of an Agricultural Preserve shall be subject to the following additional requirements:
(a) Minimum Size. The minimum size necessary for the establishment, or resulting alteration of, an Agricultural Preserve shall be one hundred (100) acres of contiguous land. (b) Zoning. All land for which Agricultural Preserve status is being sought, or which currently is in an Agricultural Preserve, shall be zoned for agricultural use. (c) Zoning Reclassification. If the subject property does not have the required zoning, an application for Zone Reclassification shall be made and processed concurrently with the Agricultural Preserve application. However, such Zone Reclassification application shall be approved prior to establishing or altering an Agricultural Preserve. 9-18-203 Review Procedures.
The review procedure for Agricultural Preserve applications shall be the Public Hearing Review Procedure in Chapter 5 of Division 2 and shall be subject to all of the following additional requirements:
(a) Community Development Department Report. Within thirty (30) days after the Community Development Department has received a completed Agricultural Preserve application, the Community Development Department shall submit a report to the City Council as to whether the Agricultural Preserve application is consistent with the General Plan. (b) Planning Commission Review. The Planning Commission shall only make recommendations for approving or denying the Agricultural Preserve application. The Planning Commission shall forward its recommendations to the City Council. (c) City Council Hearing. The City Council shall conduct a public hearing on the Agricultural Preserve application. At the conclusion of the hearing, the City Council shall take final action to establish, disestablish, or alter the boundary of the subject preserve. (d) Notification. In the event any proposal to disestablish or to alter the boundary of an Agricultural Preserve will remove land under contract from said preserve, notice of the proposed alteration or disestablishment and the date of the hearing shall be furnished by the City Council by certified mail to the owner(s) of the land. Such notice also shall be published once in a newspaper of general circulation and shall be furnished by first-class mail to each owner of land under contract, any portion of which is situated within one (1) mile of the exterior boundary of the land to
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be removed from the preserve.
9-18-204 Findings.
Prior to approving an Agricultural Preserve application, the City Council shall find that all of the following are true:
(a) Consistency. The establishment, disestablishment, or alteration of an Agricultural Preserve is consistent with the General Plan; and
(b) Establishment or Enlargement. The area specified in the Agricultural Preserve application for establishing or enlarging an Agricultural Preserve is designated as General Agriculture, Limited Agriculture, or Agriculture-Urban Reserve on the General Plan Map, or it is shown for other uses on the General Plan and development is not expected and is not warranted within ten (10) years; or
(c) Disestablishment. The area specified in the Agricultural Preserve application for disestablishing the Agricultural Preserve is designated residential, commercial, or industrial on the General Plan Map and development is expected to occur within ten (10) years.
CHAPTER 3. APPLICATION AND APPROVAL OF CONTRACT
9-18-301 Intent.
The intent of this Chapter is to provide a method for executing a contract, as provided in the Williamson Act.
9-18-302 Requirements for Application.
A contract application shall include all documentation, maps, or other information required by the Director. Contract applications which request the execution of a contract may be initiated only by the individual property owner or his designated agent and shall be subject to the following additional requirements:
(a) Location Within Agricultural Preserve. A parcel for which contract status is sought shall be located within an Agricultural Preserve. (b) Minimum Parcel Size. Parcels shall meet the lot size requirements of this section. (1) The minimum size parcel of prime agricultural land which will qualify for a contract shall be twenty (20) acres; and
(2) The minimum size parcel of other than prime agricultural land which will qualify for a contract shall be forty (40) acres.
9-18-303 Terms of Contract.
Any contract which is entered into shall comply with the provisions of this Section. (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
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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:
(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:
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(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. (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) Board Resolution. The contract shall be subject to the Resolution of the City
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Council concerning the Williamson Act. 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:
(b) Uses. Property under contract
(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 those uses specified herein. (1) Theground 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 uses or use types:
(A) Residential:
(i) Family Residential: Single-Family;
(ii) Family Residential: Two-Family;
(iii) Farm Employee Housing;
(iv) Second Unit Dwelling;
(B) Aerial Services: Farm;
(C) Agricultural Organizations;
(D) Agricultural Processing;
(E) Agricultural Warehousing;
(F) Agricultural Wastes;
(G) Animal Feeding and Sales;
(H) Animal Raising;
(I) Animal Specialty Services: Farm and Kennel;
(J) Child Care Services: Family Day Care Homes;
(K) Crop Production;
(L) Dairies;
(M) Equipment Sales and Repair: Farm Machinery;
(N) Farm Services;
(O) Major Impact Services;
(P) Nursery Sales and Services;
(Q) Petroleum and Natural Gas Extraction;
(R) Produce Sales;
(S) Public Services: Essential;
(T) Quarry Operations, provided it is rehabilitated for agricultural uses; (U) Stables;
(V) Recreation: Marinas; Utility Services; and
(W) Wineries and Wine Cellars.
(2) Accessory uses allowed by Table 9-6-2.2.
(3) Temporary uses allowed by Table 9-6-2.3.
(4) Sales and distribution of agricultural chemicals and fertilizers, if the operation consists primarily of dispatching less than truckload lots and/or the delivery of agricultural
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chemicals and fertilizers is by means of grower-operated equipment. (5) Such outdoor recreational activities as permitted by the Williamson Act, Government Code Section 51201(n) except camping. This exception applies only to properties under contract that have a zoning designation of Agriculture Resource Management and have a use permit for a nature preserve.
(6) Such outdoor recreational activities which can be carried out in conjunction with the continued agricultural usage of the land.
(7) Other uses, except residential subdivisions, which are comparable to or no more intensive than those uses enumerated in subsection (b) shall be permitted if they adhere to the Williamson Act principles of compatibility as stated below:
(A) Shall not significantly compromise the long-term productive agricultural capability of the property, or of other contracted land;
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,
(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
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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, (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) Shall not significantly displace or impair current or reasonably foreseeable agricultural operations on the parcel or on other contracted lands; and (C) Shall not result in the significant removal of adjacent contracted land from agricultural or open-space use.
9-18-304 Review Procedure.
Contract applications shall be reviewed by the Community Development Department and by the City Attorney prior to their submittal to the City Council. The Board shall take final action on the contract application.
CHAPTER 4. NONRENEWAL OF CONTRACT
9-18-401 Intent.
The intent of this Chapter is to provide a method for nonrenewing a contract, as provided in the Williamson Act.
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9-18-402 Written Notice.
Either party to the contract may submit a notice of nonrenewal. (a) City-Initiated. A Notice of Nonrenewal initiated by the City shall be served on the owner, or the agent for Notice as designated in the contract, at least sixty (60) days before the annual renewal date of the contract.
(b) Owner-Initiated. A Notice of Nonrenewal initiated by the owner shall be served on the City at least ninety (90) days before the annual renewal date. Failure to meet this requirement shall result in the renewal of the contract as provided by Resolution by the City Council. 9-18-403 Notice Required.
A written Notice of Nonrenewal must be served in any of the following situations:
(a) Minimum Size. If any property under contract is less than ten (10) acres in size, the City shall serve a Notice of Nonrenewal on the owner of such property. (b) Division of Land. If property under contract is being divided, the owner of the property shall serve a Notice of Nonrenewal on the City for any resulting parcels less than ten (10) acres in size in the case of prime agricultural land, or less than acres in size in the case of land which is not prime, prior to obtaining map approval.
(c) Change in Preserve. If any property under contract is removed from an Agricultural Preserve by either a change in the boundaries of the preserve or disestablishment of the preserve, the City shall serve a Notice of Nonrenewal on the owner of the subject property. (d) Change in Zoning. If any property under contract is reclassified to a zone other than that required for an agricultural preserve, the City shall serve a Notice of Nonrenewal on the owner of the subject property.
CHAPTER 5. CANCELLATION OF CONTRACT
9-18-501 Intent.
The intent of this Chapter is to provide a method for canceling a contract, as provided in the Williamson Act.
9-18-502 Requirements for Application.
A request for contract cancellation as to all or part of the subject property may be made only by the owner or his designated agent.
9-18-503 Review Procedures.
The review procedure for a Contract Cancellation request shall be the Public Hearing Review Procedure, with the following modifications:
(a) Planning Commission Review. The Planning Commission shall make recommendations for approving or denying the Contract Cancellation request. The Planning Commission shall forward its recommendations to the City Council. (b) City Council Review. The City Council shall conduct a public hearing on the Contract Cancellation request. Notice of the hearing shall be given pursuant to Section 51284 of the Government Code.
9-18-504 Findings.
Prior to giving approval to any Contract Cancellation request, the City Council shall make
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either of the findings specified by subsection (a) or (b), as required by Section 51282 of the Government Code:
(a) Consistency with Act. The cancellation is consistent with the purposes of the Williamson Act. In order to make this finding, the City Council shall make all of the following findings:
(1) The cancellation is for land on which a Notice of Nonrenewal has been served pursuant to Section 51245 of the Government Code;
(2) The cancellation is not likely to result in the removal of adjacent lands from agricultural use;
(3) The cancellation is for an alternative use which is consistentMaximum 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:
(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.
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(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;
(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, C-FS, I-P, and P-F zones, shall be subject to the following requirements:
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(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, C-FS, 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 General Plan; (4) The cancellation will not result in discontiguous patterns of urban development; and
(5) There is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.
(b) Public Interest. The cancellation is in the public interest. In order to make this finding, the City Council shall make all of the following findings:
(1) Other public concerns substantially outweigh the objectives of the Williamson Act; and
(2) There is no proximate noncontracted land which is both available and suitable for the use to which it is proposed the contracted land be put, or development of the contracted land would provide more contiguous patterns of urban development than development of proximate noncontracted land.
9-18-505 Cancellation Fee.
Prior to giving approval to any contract cancellation, the City Council shall determine and certify the cancellation fee pursuant to Section 51283 of the Government Code. 9-18-506 Recordation.
The cancellation of a contract shall not be final until the certificate of cancellation is recorded pursuant to Section 51283.3 of the Government Code. 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.
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(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 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
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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. 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
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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.
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 County Ordinance Code 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
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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 endangering the health and safety of minors, harbors rodents and insects, or jeopardizes health, safety and general welfare.
9-19-303 Enforcement Officials.
The Director of the Community Development DepartmentEnforcement Official is designated as the official responsible for the administration of this Chapter. In the administration of this Chapter, the DirectorEnforcement 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:
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(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 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
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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, 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.
ATTACHMENT C
Item 8.1
Mountain House Page 1030 of 1663
TITLE: Approval of a Resolution 2026-18 of the City Council of the City of Mountain House to add territory to the future annexation area of Community Facilities District No. 2024-1 (Public Facilities and Services) as Improvement Area No. 11 of the District MEETING DATE: March 25, 2026
PREPARED BY: Steven J. Pinkerton, City Manager
RECOMMENDATION
Staff recommends that City Council of the City of Mountain House (“City”) (i) hold a public hearing regarding the proposed annexation of certain territory into Community Facilities District No. 2024-1, and (ii) adopt Resolution No. 2026-18 to authorize the annexation of certain territory into Community Facilities District No. 2024-1, as related the use of Community Facilities Districts (“CFD”) to install infrastructure and provide services, as described herein.
BACKGROUND
Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services) (the “CFD”) was originally formed on April 10, 2024 when the Board of Directors of the Mountain House Community Services District (including its successor entity, “MHCSD”) adopted a resolution ordering the formation of the CFD and five improvement areas (the “Improvement Areas”) therein, as well as a future annexation area for the CFD (the “Future Annexation Area”). The CFD was formed to fund various infrastructure improvements and on-going services for certain property located within the City.
As developers get ready to improve their properties located within the Future Annexation Area, the properties in their project are annexed into the CFD and new Improvement Areas from the Future Annexation Area. New Home Co. has requested that their project be annexed into the CFD as Improvement Area 11 (“Improvement Area 11”). Certain property located in Tract 4216 – H2/H3 and owned by New Home was not originally included in the Future Annexation Area when the CFD was formed. In order to annex Improvement Area 11 into the CFD, this property must first be annexed into the Future Annexation Area, and then Improvement Area 11 may be formed from New Home’s property located within the Future Annexation Area.
CFD law requires the City to express its intention to add territory into an improvement area of a CFD and to hold a public hearing regarding such an expansion. Tonight’s action is the second part of that approval process which started on January 28, 2026 when the City Council adopted Resolution No. 2026-02 expressing the City’s intention to annex territory into the Future Annexation Area of the CFD.
The Developer of the property within the proposed Improvement Area 11 of the CFD engaged Development Planning and Financing Group (“DPFG”) to generate a boundary map for the proposed Improvement Area 11, aide in the classification of property within Improvement Area 11, aide in the calculation of the special tax rates to be levied against the various property classifications, and generate estimates for future bond sales based on the calculated special tax rates. The proposed boundaries of Improvement Area 11 do not include any existing residences or land currently developed.
Item 8.2
Mountain House Page 1031 of 1663
Upon creating the special tax categories for Improvement Area 11, Goodwin Consulting Services created a Rate and Method of Apportionment (“RMA”) outlining the procedures for levying the special tax within Improvement Area 11, and Jones Hall generated the required Resolution of Consideration to initiate the process to annex Improvement Area 11 into the CFD. The proposed annexation of Improvement Area 11 into the CFD complies with the City’s adopted Statement of Goals and Policies Regarding Use of The MelloRoos Community Facilities Act of 1982.
The resolution before the Council tonight will conclude the process to annex additional territory into the Future Annexation Area of the CFD and enable the annexation of Improvement Area 11 into the CFD.
DISCUSSION
The Proposed Improvement Area:
The proposed Improvement Area 11 is generally in the shape of a wedge and is primarily bounded by Bryon Rd. to the North, Central Parkway to the West and Mountain House Creek to the East and South.
Improvement Area 11 is proposed to comprise 101 single family detached units and 98 duets.
The property contained within Improvement Area 11 is planned for development by New Home Co. who will develop the land and sell lots to merchant homebuilders for sale to individual homeowners. The units within each improvement area consist of lot sizes of approximately 2,100 square feet. An all in tax rate of
1.65% for each classification of property (includes ad valorem, existing assessments/special taxes and proposed tax rate for Improvement Area 11) has been targeted. This tax rate is consistent with other developments in the CFD.
Annexation Requirements:
The City has previously adopted local goals and policies that outline various requirements for the use of CFD financing, including eligible facilities and services, special tax requirements, requirements of the RMA, maximum term of bonded indebtedness and minimum credit quality requirements for the issuance of CFD bonds, among other items. The proposed Improvement Area 11 is in compliance with the City’s Local Goals and Policies.
FISCAL IMPACT
No financial impact at this time.
STRATEGIC PLAN
The proposed annexation into Community Facilities District No. 2024-1 helps to fulfill the mission of responsible financial management while preserving Mountain House's unique community character and values.
CEQA
N/A.
Item 8.2
Mountain House Page 1032 of 1663
ACTION FOLLOWING CITY COUNCIL APPROVAL
Staff will implement direction given at this meeting.
ATTACHMENTS
A. Resolution 2026-18, a resolution of the city council of the city of mountain house to add territory to the future annexation area of community facilities district no. 2024-1 (public facilities and services) as improvement area no. 11 of the district B. City of Mountain House CFD No. 2024-1 Amended Map No. 2 (03.11.26)
Item 8.2
Mountain House Page 1033 of 1663
RESOLUTION NO. 2026-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE TO ADD
TERRITORY TO THE FUTURE ANNEXATION AREA OF COMMUNITY FACILITIES DISTRICT NO. 2024-1 (PUBLIC FACILITIES AND SERVICES) AS IMPROVEMENT AREA NO. 11 OF THE
DISTRICT
WHEREAS, prior to the incorporation of the City of Mountain House, the Board of Directors of the Mountain House Community Services District, as the predecessor to the City Council of the City, conducted proceedings under and pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), and adopted Resolution No. R-2024-07 (the “Resolution of Formation”) to (i) establish the City of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services) (the “CFD”), (ii) designate within the CFD, “Improvement Area Nos. 1, 2, 3, 4 and 5 of City of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services)," and (iii) establish a “City of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services) (Future Annexation Area)” for the CFD (the “Future Annexation Area”); and WHEREAS, in order to provide for the addition of certain territory (the “territory”) as a Future Annexation Area of the CFD, this Council has heretofore adopted its “Resolution of Intention to Add Territory to the Future Annexation Area of Community Facilities District No. 2024-1 (Public Facilities and Services) as Improvement Area No. 11 of the District” (the “Resolution of Intention”), and held a public hearing on the matter of the designation of certain territory as an addition to the Future Annexation Area of the CFD, described in the Resolution of Intention; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to add territory to the Future Annexation Area of the CFD, and now desires to designate additional territory within the City as within the Future Annexation Area of the CFD.
WHEREAS, at the public hearing all interested persons desiring to be heard on all matters pertaining to the designation of territory as included within the Future Annexation Area of the CFD were heard and a full and fair hearing was held.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE:
1. Prior Proceedings. All prior proceedings taken by this Council with respect to the CFD and the proposed designation of territory to be included within the Future Annexation Area of the CFD have been duly considered and are hereby determined to be valid and in conformity with the Act.
2. Prior Resolution. The provisions of the Resolution of Intention previously adopted by this Council for the CFD, are by this reference incorporated herein, as if fully set forth herein.
Item 8.2
Mountain House Page 1034 of 1663