ATTACHMENT A
97 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 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.
Item 7.4
Mountain House Page 197 of 846
ATTACHMENT A
98 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 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 public view and is located within three (3) feet of the window.
Item 7.4
Mountain House Page 198 of 846
ATTACHMENT A
99 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; (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; Item 7.4
Mountain House Page 199 of 846
ATTACHMENT A
100
(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; planning review and approval of the building permit application is required prior to permit issuance. Exceptions to this building permit requirement for certain signs and sign types may be granted by the Director or designee. (a) Application. Applications for building permit shall be filed with the department on the appropriate forms, together with all the necessary fees, deposits, exhibits, maps, and other information required by the department to clearly and accurately describe the proposed sign(s). (b) Content. The building permit application shall include the total number, size, height and type of signs, the location of all signs on the parcels or structures, applicable elevations, and illustrations of the proposed sign(s).
(c) Consistency with Documents. All proposed signs shall be consistent with the design policies and implementation measures of the adopted Mountain House policy documents, and with the applicable Mountain House design manuals.
Item 7.4
Mountain House Page 200 of 846
ATTACHMENT A
101
9-17-105 Master Sign Program.
(a) Purpose. The purpose of a Master Sign Program is to provide a method for an applicant to integrate the design and placement of signs within a development project with the overall design of the development to achieve a more unified appearance. A Master Sign Program may also allow for minor variations in dimensional standards and other limitations of this Section, provided the Master Sign Program achieves a result that is superior to what would otherwise be allowed. (b) Applicability and Review Procedure.
(1) Master Sign Program -- When Required. A Master Sign Program is required for:
(A) New or remodeled non-residential projects on sites of one (1) acre or larger; (B) Multi-family uses with more than one (1) permanent sign proposed; or, (C) Any non-residential development with two (2) or more tenants. (2) Master Sign Program -- When Allowed. A Master Sign Program may be substituted for specific sign designs and sign programs for individual buildings if requested by an applicant and approved by the Director.
(c) Director Approval Required. A Master Sign Program requires Director approval. (d) Applications. Applications for a Master Sign Program must include the following:
(1) A site plan showing the location of buildings, parking lots, driveways, and landscaped areas; (2) Computation of the maximum total sign area, the maximum area for individual signs, the height of signs
and the number of freestanding
signs allowed, if proposed;
(3) An accurate indication on the site plan of the proposed location of each proposed sign and existing sign which is to remain;
(4) Color schemes, lettering, and graphic style (if tenants are not known, generic styles may be presented);
(5) Lighting and sign construction materials;
(6) Sign dimensions (if tenants are not known, generic dimensions may be presented); (7) A written program of standards for all sign types to be distributed to future tenants, including color, size, illumination, construction details, and sign placement; (8) A list of exceptions to the sign standards that would otherwise apply; and, (9) A sign maintenance program.
(e) Design Standards.
(1) Master Sign Programs shall be consistent with regulations and requirements of the Mountain House design manuals for the applicable development type (e.g., commercial / office). (2) Master Sign Programs shall feature a unified and coordinated approach to the materials, color, size, type, placement, and general design of signs proposed for a project or property. Master sign programs may allow for variety in the design of individual signs provided that the signs contribute to a consistent visual theme within the property.
(3) A Master Sign Program may deviate from standards contained in this chapter relating to permitted sign height, number of signs, and type of sign, only where said deviations would result in more restrictive design criteria. A Master Sign Program may not allow prohibited signs as identified in Subsection 9-17-103(a).
(f) Required Findings. The Director may only approve a Master Sign Program if the following findings are made.
(1) That the proposed signs are in harmony with and visually related to:
(A) Other Signs in the Project. Harmony and visual relation to other signs may be accomplished by incorporating common design elements such as materials, letter style, colors, illumination, sign type or sign shape;
Item 7.4
Mountain House Page 201 of 846
ATTACHMENT A
102
(B) The Buildings They Identify. This may be accomplished by utilizing materials, colors or design motifs included in the building being identified; and,
(C) The Surrounding Development. Approval of a Master Sign Program must not adversely affect surrounding land uses and adjacent business or obscure adjacent conforming signs. (2) That the proposed signs are appropriate for the size and character of the development and signs in the vicinity.
(3) That the proposed signs will comply with all the provision of this Division, except with regard to the specific exceptions requested and approved, which may include the number, height, size, and location of individual signs, but not the total allowable sign area on a site. (g) Conditions. Reasonable conditions of approval may be imposed by the Director to achieve the purposes of this Section and ensure compatibility with adjacent land uses and signage. (h) Post-Approval Procedures. After approval of a Master Sign Program, no signs shall be erected, placed, painted, or maintained, except in conformance with such Program, and such Program may be enforced in the same way as any provision in this Section. (1) Lease Agreements. The Master Sign Program and all conditions of approval shall be attached and made applicable to the lease agreements for all leasable space within a project. (2) Individual Signs. Any sign that conforms to an approved Master Sign Program may be approved by the Director; however, approval of a Master Sign Program does not waive the permit requirements for individual signs.
(3) Compliance with Other Sign Regulations. Approval of a Master Sign Program shall supersede the regulations of this chapter. Any aspect of the proposed signs not addressed by the Master Sign Program shall be in compliance with this chapter.
(4) Amendments. The Director may approve amendments to a Master Sign Program that are in substantial conformance with the original approval.
9-17-106 Temporary Signs.
(a) Residential Zoning Districts. Temporary signs in residential zoning districts shall comply with the standards below:
(1) Window, Wall, Freestanding, Post, Banner, and Political Signs. (A) No more than three (3) signs are allowed per parcel. (B) Total sign area shall not exceed 18 square feet , with a maximum of six (6) square feet per sign. (C) Sign height shall not exceed three (3) feet.
(D) Signs shall not be illuminated.
(E) Duration of sign placement must conform with Section 9-17-106 (c)(5) of this code. (2) Site Signs.
(A) Site signs shall only be permitted for
residential uses that are under construction or not yet occupied. (B) A maximum of one (1) sign is allowed per property public right-of-way frontage, with a maximum of two (2) signs permitted per site, as determined by the Director. (C) A maximum sign area of 32 square feet shall be permitted, per sign. (D) Sign height shall be a maximum of eight (8) feet.
(E) Signs shall be set back a minimum of five (5) feet from property lines adjacent to a public right-of-way.
(F) Signs shall not be illuminated.
(G) Duration of sign placement must conform with Section 9-17-106(c)(5) of this code. (b) Non-Residential Zoning Districts. Temporary signs in non-residential zoning districts shall comply with the standards below:
(1) Wall, Freestanding, Post, and Banner Signs.
Item 7.4
Mountain House Page 202 of 846
ATTACHMENT A
103
(A) A maximum of one (1) temporary wall, freestanding, or banner sign is allowed per property. (B) Maximum sign area shall be 32 square feet.
(C) Maximum sign height shall be seven (7) feet.
(D) Signs shall not be
illuminated.
(E) Duration of sign placement must conform with Section 9-17-106(c)(5) of this code. (2) Window Signs.
(A) Temporary window signs in total may not exceed
a maximum of 25 percent of the window area, and together with permanent window signs, may not exceed
maximum allowed window sign area as defined in Section 9-17-108(H). (B) Signs shall not be illuminated.
(C) Signs shall be stationary.
(D) Duration of sign placement must conform with Section 9-17-106(c)(5) of this code. (c) Real Estate Signs. Temporary real estate signs offering property for sale, lease, or rent, on the property being advertised, subject to the following limitations:
(1) For single-family dwellings, one (1) freestanding sign per street frontage, not exceeding four (4) square feet in area and four (4) feet in height, shall be allowed; (2) For multi-family dwellings, including duplexes, triplexes, and condominiums, one (1) freestanding sign for every 1,000 lineal feet of street frontage or portion thereof, not exceeding 32 square feet in area and six (6) feet in height, shall be allowed;
(3) For signs advertising the sale, rent, or lease of tenant spaces within a multi-tenant commercial center, office building, or industrial subdivision, one (1) freestanding sign for every 1,000 lineal feet of street frontage or portion thereof, not exceeding 40 square feet in area and six (6) feet in height, plus one (1) sign not exceeding six (6) square feet in area located at each individual tenant space to be rented or leased, shall be allowed;
(4) Signs may be placed on the site at the time of the listing or the availability of the rental space; and,
(5) Signs shall be removed no later than 30 days from the date of the completion of the sale or the signing of the lease.
(d) Duration. Temporary signs in all zoning districts shall be removed the earliest of when:
(1) A commercial message is obsolete and has become misleading (e.g., a “for lease” or “for sale” sign in front of a building that is leased or sold); or (2) The sign falls into disrepair.
9-17-107 General Requirements.
(a) Unless otherwise specified, the following general requirements shall apply to all signs:
(1) Computation of Surface Area of Sign.
(A) If sign copy is on a sign board or sign structure, or on a sign with a defined sign background, the surface area of the sign shall be the area of the surface or face of the board or sign structure, as shown below.
(2) If the lettered or illustrative material of a sign is not located on a sign board or does not have a defined background (e.g., letters placed on a wall), the surface area of a sign shall be the area that would be encompassed within a frame or frames that are parallel to the top and sides of the structure on which the sign is located and which extend two (2) inches beyond the outermost boundaries of the lettered or illustrative material, as shown below:
(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.
Item 7.4
Mountain House Page 203 of 846
ATTACHMENT A
104
(4) The area of a double-faced sign shall be calculated as having only a single face, provided that the distance between each sign face does not exceed 24 inches at any point. If the sign faces are not the same size, the larger sign face shall be used to determine the sign area. (5) Where a sign consists of one (1) or more three (3) dimensional objects (e.g., balls, cubes, clusters of objects, sculptures), the sign area shall be determined by calculating their maximum projection upon a vertical plane.
(b) Height of Signs. Unless otherwise specified, sign height shall be measured from the uppermost part of the structure of the sign to the lowest elevation point of the finished grade immediately adjacent to the sign support structure, as shown below:
(c) Illumination of Signs. The artificial illumination of signs, either from an internal or external source, shall be designed to eliminate impacts on surrounding properties and streets. (1) External light sources shall be directed and shielded to limit direct illumination of any object other than the sign.
(2) The light from an illuminated sign shall not be of an intensity or brightness that would interfere with the reasonable enjoyment of residential properties in direct visual proximity to the sign. (3) Colored lights shall not be used at a location or in a manner so as to be confused or construed as traffic control devices.
(4) Neither the direct nor reflected light from primary light sources shall create a hazard to operators of motor vehicles.
(d) Maintenance of Signs.
(1) Signs and supporting hardware, including non-conforming and temporary signs, shall be maintained in good repair and functioning properly at all times. Repairs to signs shall be of equal or better-quality materials and design as the original sign. Signs that are not properly maintained and are dilapidated shall be deemed to be a public nuisance.
(2) When existing signs are removed or replaced, all brackets, poles, and other supports that are no longer required shall be removed. Unpainted areas shall be painted to match the adjacent portion of the structure or sign support structure.
(e) Location of Signs. Signs shall be located on property in accordance with the following provisions:
(1) Signs shall be located so as to not block or interfere with the view of motorists to proceed safely through intersections or to enter onto, or exit from, public streets or private roads, or to otherwise interfere with circulation;
(2) Signs shall be located so as to not obscure or interfere with views of significant natural or scenic landscape features;
(3) Freestanding signs shall not be located within a non-buildable public utilities easement or in a public right-of-way, except for those signs authorized by the applicable utility company; (4) Freestanding signs shall not be located closer than five (5) feet from a property line, nor erected or maintained any closer than three (3) feet to any building; and, (5) Freestanding signs shall be located outside of the clear-vision triangle. 9-17-108 Standards for On-Premise Signs.
On-premises signs shall be subject to the following:
(a) Awning Signs. Awning signs shall be allowed in the R-H, C-N, C-C, C-O, C-G, C-FS, C-R, I-P, I-L, I-G, P-F, and M-X zoning districts, subject to the following requirements:
(1) Awning signs shall only be located on structure frontages, including those fronting a parking lot or pedestrian way;
(2) Awning signs shall be limited to
ground level and second story occupancies only;
Item 7.4
Mountain House Page 204 of 846
ATTACHMENT A
105
(3) A clear distance of eight (8) feet shall be maintained from the lowest part of an awning sign to the ground below; and,
(4) Maximum sign copy area for awning signs shall be included in the calculation for wall sign(s) area.
(b) Directional Signs. Unless otherwise specified by a Master Sign Program, directional signs shall be allowed in any zone and shall be subject to the following requirements:
(1) Maximum sign area shall be four (4) square feet in multi-family residential zones and six (6) square feet in nonresidential zones; and,
(2) Maximum height for directional signs shall be five (5) feet, except that taller signs may be approved by the Director, provided the Director determines that visibility would not be impaired. (c) Directory Signs. Unless otherwise specified by a Master Sign Program, directory signs shall be allowed in any zone, except for single-family residential zones, subject to the following:
(1) Signs shall be pedestrian-oriented;
(2) Signs shall not exceed a maximum height of seven and one-half (7.5) feet, and signs shall not exceed a maximum area of 60 square feet;
(3) Signs shall be designed and erected or mounted as a wall sign, monument sign, or on or within a kiosk;
(4) Signs shall be located at or near the main pedestrian entrance to a building or building complex; (5) Signs shall contain only a list of tenants and their location for each individual building or integrated center, with no additional advertising allowed; and, (6) Signs may be subject to a master sign program, as specified in Section 9-17-105. (d) Monument Signs. Unless otherwise specified by a Master Sign Program, monument signs shall be allowed in in the R-H, C-N, C-C, C-O, C-G, C-FS, C-R, I-P, I-L, I-G, M-X, and P-F zones, and shall be subject to the following requirements.
(1) General Requirements. The following general requirements shall be applicable to all monument signs:
(A) Signs shall not be located closer than five (5) feet to a property line; (B) Signs shall not be erected or maintained any closer than three (3) feet to any building; (C) A monument sign shall not be located closer than 75 feet from another monument sign on adjoining properties to ensure adequate visibility, unless the Director reduces such spacing requirement in instances where its enactment would be impractical due to the locations of existing signs on adjacent properties or due to the size of the property;
(D) Signs shall be located within a landscaped area, with a permanent irrigation system provided at the base of the sign equal to double the area of one (1) face of the sign; and, (E) Monument sign bases and structures shall be designed to be complementary with the architectural theme of the building(s).
(2) Monument Signs in R-H, M-X, and C-R Zones. The following requirements shall be applicable:
(A) One (1) monument sign shall be permitted per parcel; (B) Maximum height shall be 7.5 feet; and,
(C) Maximum total area for all tenants shall be 50 square feet per sign face. (3) Monument Signs in Commercial, Industrial, and P-F Zones. The following requirements shall be applicable:
(A) One (1) primary monument sign shall be permitted to identify a business complex, subject to the following:
(i) The sign shall be located near the primary street entrance to the complex; (ii) A maximum of 100 square feet shall be allowed per sign face, in total, for all businesses advertised on the sign;
Item 7.4
Mountain House Page 205 of 846
ATTACHMENT A
106
(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)
Maximum height shall be ten (10) feet; and,
(C) Maximum area shall be two hundred (200) square feet, in total for all businesses advertised on the sign.
(e) Projecting Signs. Projecting signs shall be allowed in the C-N, C-C, C-G, M-X, and P-F zones, subject to the following requirements:
(1) Signs shall be located only on the wall frontage with the primary entrance to the structure; (2) Maximum area of each sign face shall be 24 square feet; (3) Signs may comprise logos, symbols, or figures in addition to, or instead of, written words; (4) Signs shall maintain a clear distance of ten (10) feet from the lowest part of said sign to the ground; and
(5) A projecting sign shall be attached to the wall at no more than two (2) feet from the nearest point of the sign to the wall, with all mounting hardware concealed. (6) Maximum area for the sign copy of projecting signs shall be included in the calculation of wall signs.
(f) Under Canopy Signs. Unless otherwise specified by a Master Sign Program, under canopy signs shall be allowed in the C-N, C-C, C-O, C-G, C-R, M-X, I-P, and P-F zones and shall be subject to the following requirements:
(1) Signs shall be located near the main entrance to the structure; (2) Signs shall maintain a clear distance of ten (10) feet from the lowest part of said sign to the ground, except under canopy signs over a public driveway shall maintain a clear distance of 15 feet from the lowest point of the sign to the ground;
(3) Maximum area of each sign face shall be ten (10) square feet, with all mounting hardware concealed unless suspended by a chain no greater than 12 inches in length; (4) Signs may comprise logos, symbols, or figures in addition to, or instead of, written words; and, (5) Under canopy signs included in the Mountain House Business Park Special Purpose Plan. Under canopy signs permitted in the Mountain House Business Park, which includes the C-G, C-FS, I-P, and P-F zones, shall be subject to the following requirements:
(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.
Item 7.4
Mountain House Page 206 of 846
ATTACHMENT A
107
(g) Wall Signs. Unless otherwise specified by a Master Sign Program, wall signs shall be allowed in CN, C-C, C-G, C-FS, M-X, I-P, I-L, I-G, and P-F zones and shall be subject to the following requirements. (1) General Requirements. The following general requirements shall be applicable to all wall signs:
(A) Signs shall only be located on structure wall frontages along streets, alleys, parking lots, or other rights-of-way, unless allowed by an approved Sign Permit that includes a planned sign program; (B) Signs shall not project from the surface upon which they are attached more than required for construction purposes and in no case more than 12 inches; (C) Signs shall not project above the eave of a roof or parapet; (D) Signs shall not be placed to obstruct any portion of a window; (E) The total area of wall signs shall include the area of all permanent awning signs, marquee signs and window signs.
(2) Wall Signs in the C-N, C-C, C-G, M-X, and P-F zones, the following additional requirements shall be applicable:
(A) The total area of wall signs shall not exceed a maximum of one (1) square foot of sign area for each lineal foot of building frontage on which the sign will be mounted; and, (B) The total aggregate area of wall signs for all sides of a building shall not exceed 160 square feet. (3) Wall Signs in the I-P, I-L, and I-G zones, the following additional requirements shall be applicable:
(A) The total area of wall signs shall not exceed a maximum of one (1) square foot of sign area for each lineal foot of building frontage on which the sign will be mounted; and (B) The total aggregate area of wall signs for all sides of the building shall not exceed 600 square feet.
(4) Wall Signs Included in the Mountain House Business Park Special Purpose Plan. Wall signs permitted in the Mountain House Business Park, which includes the C-G, C-FS, I-P, and P-F zones, shall be subject to the following requirements:
(A) Maximum sign area allowed on primary frontage (i.e., the entrance side of leased area) shall not exceed 1.5 square feet of sign area for each lineal foot of building frontage; (B) Maximum sign width allowed on primary street frontage shall not exceed 50 percent of the primary street building frontage;
(C) Maximum sign area allowed for tenants with secondary frontage (i.e., side or rear) shall not exceed one (1) square foot of sign area for each lineal foot of secondary building frontage; and (D) Maximum sign width allowed on secondary street frontage shall not exceed 33 percent of the secondary street building frontage.
(h) Window Signs. Unless otherwise specified by a Master Sign Program, window signs shall be allowed in commercial, industrial, M-X, and P-F zones and shall be subject to the following requirements:
(1) Signs shall be allowed only on windows located on the ground level and second story of a structure;
(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:
(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.
Item 7.4
Mountain House Page 207 of 846
ATTACHMENT A
108
(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 Business and Professions Code regarding display requirements; (ii) Maximum area shall be twenty-five (25) square feet; (iii) Maximum height shall be six (6) feet; and,
(C) Service station sign copy shall be allowed on a multi-tenant pole sign in the C-C and C-G zones, provided the service station is located within the shopping center associated with said pole sign. (2) Model Homes Sales Complex Signs. Model home sales complex signs shall be allowed in all residential zones, and in the M-X zone where a residential use is planned, subject to the following requirements:
(A) The maximum number of signs for each model homes sales complex shall be as follows: one (1) temporary freestanding marketing sign, one (1) temporary freestanding sales information sign, one (1) temporary freestanding model identification sign for each residential unit being marketed, one (1) temporary freestanding parking sign, and six (6) temporary onsite flags; (B) The maximum height for model homes sales complex signs shall be as follows: seven and onehalf (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 onsite 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; twentyfour (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; Item 7.4
Mountain House Page 208 of 846
ATTACHMENT A
109
(3) Signs shall be made of non-metallic, weather resistant material, and shall not be illuminated nor contain moving parts;
(4) Signs shall not be erected more than 14 days prior to the commencement of the special event, and shall be removed no later than three (3) days after the end of the special event; and, (5) Signs may be displayed for no more than 21 days, regardless of the duration of the event. (b) Off-Site Subdivision Signs. Off-site temporary freestanding subdivision signs may be located on private property, away from driveways and intersections so that traffic and pedestrian safety is not affected, to provide information and directions to the public about specific subdivisions within Mountain House with a model home sales complex, subject to the requirements and application review process specified below:
(1) The maximum area set aside for individual subdivision signs shall be four (4) feet by eight (8) feet;
(2) Maximum sign height shall not exceed 12 feet;
(3) Maximum sign width shall not exceed eight (8) feet; (4) Signs shall contain no more than two (2) sides;
(5) Sign copy relating to specific subdivisions shall be limited to the subdivision name, the subdivision logo, and a directional arrow to the subdivision; (6) A subdivision name may not be advertised on the sign before either a building permit or a public report by the California Department of Real Estate has been issued; (7) A subdivision name shall be removed from the off-site temporary sign within 30 days if no model homes or lots are available for viewing or sale; and,
(8) An off-site temporary subdivision sign shall be removed if no subdivision has been advertised on it for a period of 90 days.
Proposed off-site subdivision signage is subject to review-approval by the City via a Master Sign Program application submittal to the Planning Division. 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:
Item 7.4
Mountain House Page 209 of 846
ATTACHMENT A
110
(a) The nonconforming sign shall not be expanded, moved, relocated, or replaced; (b) The nonconforming sign and sign structure may be maintained and repaired, but the maintenance and repair shall not exceed 50 percent of the sign's fair market value; (c) The sign copy and sign faces for nonconforming signs may be changed; (d) Other modifications / replacements of sign elements which constitute an improvement to the nonconforming sign may be allowed at the discretion of the Director; and, (e) The addition, reconstruction, relocation, or structural alteration of the nonconforming sign may be allowed but shall be subject to a new Sign Permit in compliance with the requirements of this Chapter.
Item 7.4
Mountain House Page 210 of 846
TITLE 9. DEVELOPMENT TITLE
DIVISION 1. GENERAL PROVISIONS
CHAPTER 1. GENERAL PROVISIONS—INTENT AND ORGANIZATION
9-1-101 Title and Intent.
Division 1 constitutes the General Provisions. The purpose of these provisions is to specify the title, purpose, basic structure, and applicability of this Title, and to require conformity thereto.
CHAPTER 2. BASIC PROVISIONS OF DEVELOPMENT TITLE
9-1-201 Title—Reference.
The ordinance codified in this Title (Title 9) shall be known and cited as the “Development Title of the City of Mountain House,” the “Development Title” or the “Title.” Unless otherwise specified, references to section numbers herein are to the sections of this Title. 9-1-202 Intent.
This Title is intended to serve as the basis for all land use regulations adopted by City of Mountain House.
9-1-203 Purpose.
The purposes of this Title shall be to serve the public health, safety, and general welfare; to implement the City of Mountain General Plan, when adopted, and the Mountain House Master Plan, associated specific plans, Special Purpose Plans, and policy documents; and to achieve the following objectives:
(a) To encourage the most appropriate use of land and the harmonious relationship among land uses;
(b) To promote a safe and efficient traffic circulation system; (c) To provide open spaces for light and air;
(d) To prevent overcrowding of land and the undue concentration of population; (e) To secure safety from fire and other dangers;
(f) To facilitate the provision of needed community facilities; (g) To conserve and stabilize the value of property; and (h) To conserve the City’s natural beauty, to improve its appearance, and to enhance its physical character.
9-1-204 Authority.
This Title is adopted pursuant to the following authorities:
(a) Local Ordinances and Regulations, California Constitution, Article XI, Section 7, Planning and Land Use, California Government Code Title 7. (b) California Environmental Quality Act, California Public Resource Code, Division
13. (c) California Vehicle Code, Section 22660.
ATTACHMENT B
Item 7.4
Mountain House Page 211 of 846
2 9-1-205 Consistency of Development Title with General Plan and Mountain House Master Plan.
All actions, approvals and procedures taken with respect to, or in accordance with, this Development Title shall be consistent with the City of Mountain General Plan, when adopted, and the Mountain House Master Plan. In the event this Development Title becomes inconsistent with the General Plan or any of its elements, or with the Mountain House Master Plan, by reason of adoption of a new General Plan or Master Plan, or by reason of amendment of the existing General Plan or Master Plan, this Development Title shall be amended within a reasonable time so as to achieve consistency with said documents.
9-1-206 Zoning Maps.
A series of zoning maps, to be known collectively as the “Zoning Map of the City of Mountain House,” shall be maintained by the Community Development Department. (a) Contents. The zoning maps shall show the designations and boundaries of each zone and shall show any base data that the Director of the Community Development Department deems useful or that the City Council directs;
(b) Revisions. The Director shall revise the zoning maps to show amendments, including changes in designations, rezoning of property, and clarification of zone boundaries; (c) Incorporation. The zoning maps and all notations, references, data, and other information contained therein are made a part of this Title by reference herein; (d) Zone Boundaries. Where uncertainty exists as to the boundaries of any zone shown on the zoning maps, the following rules shall apply:
(1) Where zone boundaries are indicated as approximately following street and alley lines or lot line, such lines shall be construed to be the boundary of the said zone, and the following shall apply:
(A) When two (2) zones are separated by a street or alley, the zone boundary shall be the centerline of the street or alley, unless otherwise specified, and (B) When a residential zone is separated from any other zone by a street or alley, the residential zone boundary shall include both sides of the street or alley. (2) Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting properties shall apply to the centerline of such vacated or abandoned street or alley;
(3) Where any private right-of-way or easement of any railroad, canal, transportation, or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned property; (4) For unsubdivided property, or in instances where a zone boundary divides a lot, the location of the zone boundary shall be determined by the Director unless the zone boundary is indicated by dimensions.
(e) Creation of New Zoning Districts. The boundaries of the new zoning district shall be shown on the zoning map. The map together with all legends, symbols, notations, references, zoning district boundaries and other information on the map shall be incorporated into this Title by reference as though it were fully included. 9-1-207 Minimum Requirements.
The provisions of this Title are considered to be minimum requirements. The City may establish more stringent requirements where deemed necessary.
ATTACHMENT B
Item 7.4
Mountain House Page 212 of 846
3 9-1-208 Interpretation, Constitutionality, and Severability. (a) Ambiguities. Unless otherwise provided, any ambiguity concerning the content or application of this Title shall be resolved by the Director. (b) Invalidity. If any section, subsection, sentence, clause, or phrase of this Title is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Title. The City Council declares that it would have passed this Title and every section, subsection, clause, and phrase thereof, notwithstanding that one or more sections, subsections, sentences, clauses, or phrases may later be declared unconstitutional. 9-1-209 Restrictions.
It is not intended by this Title to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. Where this Title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, or regulations, or by easements, covenants, or agreements, the provisions of this Title shall prevail. 9-1-210 No Relief From Other Provisions.
Except as otherwise specifically provided, no provision of this Title shall be construed as relieving any party to whom a use permit, variance, or other development approval has been issued from any other provision of state or federal law or from any provision, ordinance, rule, or regulation of the City requiring a license, franchise, or permit to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use. 9-1-211 Inapplicability of Formal Rules of Evidence.
(a) Formal Rules of Evidence Do Not Apply. Except as otherwise expressly provided in this Chapter, formal rules of evidence or procedure which must be followed in a court of record in this state shall not apply to hearings conducted pursuant to this Title. (b) No Presumption Regarding Error. There shall be no presumption that error is prejudicial or that injury was done if error is shown.
9-1-212 Reserved.
9-1-213 Permits and Licenses to Comply with Title.
All permits and licenses for the use or division of land or the construction, moving, or alteration of any building or structure issued by the City shall be subject to the following requirements:
(a) Issuance of Permit. All departments, officials, and employees of the City responsible for the issuance of such permit or license shall determine that the permit or license requested will not violate any of the provisions of this Title. (b) Invalid Permit. Any permit or license issued by said departments, officials, or employees which is issued in violation of the provisions of this Title shall be null and void. (c) Failure to Comply. Failure to comply with any conditions or requirements of such permit or license shall be considered a violation. Conviction of an infraction because of such failure to comply will render the permit or license void.
ATTACHMENT B
Item 7.4
Mountain House Page 213 of 846
4 (d) Run With the Land. All development permits shall run with the land; permits are not tied to individuals, including those persons who applied for the permit or who owned the property at the time the permit was issued.
CHAPTER 3. DEFINITIONS
9-1-301 Intent.
The provisions of this Chapter 3 shall be known as the Definitions. The intent of this chapter is to promote consistency and precision in the interpretation of this Title. 9-1-302 Applicability.
The meaning and construction of words and phrases as set forth herein shall apply throughout this Title. If a word is not defined in this Title, the definition provided in the latest edition of the Uniform Building Code, as adopted by the City, shall be applicable. If said word is not defined in the latest edition of the Uniform Building Code, as adopted by the City, the definition provided in Webster’s Third New International Dictionary shall be used. 9-1-303 Rules of Construction.
The following general rules of construction shall apply to the textual provisions of this Title:
(a) Chapter and Section References. “Chapter” means a chapter of the ordinance codified in this Title unless some other ordinance is specifically mentioned. “Section” means a section of the ordinance codified in this Title unless some other ordinance is specifically mentioned. “Subsection” means a subsection of the section in which the term occurs unless some other section is specifically mentioned.
(b) Headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of any provision of this Title.
(c) Illustrations. In case of any differences of meaning or implication between the text of any section or chapter and any illustration, the text shall control. (d) Gender. The masculine gender includes the feminine and neuter. (e) Number. The singular number includes the plural, and the plural the singular. (f) Tense. The present tense includes the past and future tenses, and the future tense includes the present tense.
(g) Oath and Affirmation. “Oath” includes “affirmation”. (h) Shall and May. “Shall” is mandatory and “may” is permissive. (i) Signature or Subscription and Mark. “Signature” or “subscription” includes “mark” when the signer or subscriber cannot write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two (2) witnesses so sign their own names thereto.
(j) Statutory References. Inclusion of Amendments and Additions. Whenever reference is made to any portion of the ordinance codified in this Title, or of any other ordinance of this City or of any law of this State, the reference applies to all amendments and additions now or hereafter made.
ATTACHMENT B
Item 7.4
Mountain House Page 214 of 846
5 9-1-304 Definitions.
Unless otherwise specified, the following definitions shall be applicable throughout this Title, whether capitalized or not. Defined terms, unless the context suggests otherwise, include all grammatical variations (such as different tenses, plurals, and possessives).
Abandoned Sign. “Abandoned sign” is defined in Section 9-17-102.
Abatement. “Abatement” means the correction or elimination of a violation of this Title.
Abutting. “Abutting” means two (2) or more properties sharing a common boundary.
Access. “Access” means the right of an owner of land to go and return from his own land to a public road.
Access, Approved. “Approved Access” means a way or means of approach to a parcel from either an abutting public road or from a private road, street, or right-of-way approved by the City.
Accessory. “Accessory” means a building or a use that is compatible with, and incidental or subordinate to, the main structure or the main use of the land and is located on the same lot.
For the purposes of Chapter 17 of Division 8 and Chapter 2 of Division 16, “Accessory structure” means a structure that is either: 1. Solely for the parking of no more than two (2) cars; or 2. A small, low-cost shed for limited storage, less than one hundred fifty (150) square feet and one thousand five hundred dollars ($1,500.00) in value.
Accessory Dwelling Unit. “Accessory Dwelling Unit” or “ADU” means an attached or a detached dwelling unit that provides living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary single-family dwelling. It includes permanent provisions for living, sleeping, eating, cooking, and sanitation. An accessory dwelling unit also may be an efficiency unit, as provided for in Section 65852.22 of the California Government Code, and a manufactured home, as defined in Section 18007 of the California Health and Safety Code, provided that the standards of this Title are met.
Accessory Structure. “Accessory Structure” means a structure that is accessory and incidental to a dwelling unit located on the same lot.
Accessory Use. “Accessory Use” means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
Access, Restricted. “Restricted access” means that the right of access to a parcel has been dedicated to the City and that, as a consequence, a property owner no longer has a right to go to and from his property over that right-of-way line.
Additional Town Center Unit. “Additional Town Center Unit” means a dwelling unit which provides affordable housing opportunities for low-income and medium income persons in the Town Center of the Mountain House Community and which is not included in the calculations of residential densities as specified by the Mountain House Master Plan or by any of the various Specific Plans for the Mountain House Community.
Adjacent Land. “Adjacent land” means a lot or parcel of land which shares all or part of a common lot line with another lot or parcel of land.
Adopted Mountain House Planning Documents. “Adopted Mountain House planning documents” is defined in Section 9-17-102.
Advertising Sign. “Advertising sign” is defined in Section 9-17-102.
Affordable Housing. “Affordable housing” means that housing which can be rented or purchased by those of moderate, low, and very low-incomes as specified in the California Code of Regulations (Title 25, Sections 6922 and 6924).
ATTACHMENT B
Item 7.4
Mountain House Page 215 of 846
6 Aggregate Base. “Aggregate base” means a mixture of sand and crushed rocks up to three-quarters inch (¾″) in size. It is also known as AB or road base.
Agricultural Operation. “Agricultural operation” means any land-related activity on agriculturally zoned lands whose purpose is cultivating or raising plants or animals, or conserving or protecting lands for such purposes, and is not a surface mining or burrow pit operation.
Agricultural Products. “Agricultural products” means the item that results from any operation or process that changes the form, flavor or consistency of produce. Agricultural products include, but are not limited to, condiments, pies, candied or flavored nuts, wine, and pickled peppers.
Agricultural Store, Large. “Large agricultural store” means a food establishment, housed in a permanent structure, whose primary economic activity is the sale of produce directly to local consumers and to tourists. Secondary economic activity includes the sale of agricultural products, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages for consumption on-site.
Agricultural Store, Small. “Small agricultural store” means a food establishment, housed in a permanent structure, whose primary economic activity is the sale of produce directly to local consumers and to tourists. Secondary economic activity includes the sale of agricultural products, sundries, prepackaged food and bottled or canned beverages for off-site consumption.
Agriculture. “Agriculture” means the growing of crops for food or fiber and/or the raising of animals for commercial purposes.
Airport. “Airport” means any landing area, runway, airstrip, or other facility designed, used, or intended to be used either publicly or by any person or persons for the landing and taking off of aircraft, helicopters, and balloons, including all necessary taxiways, aircraft storage and tiedown areas, hangars, and other necessary buildings and open spaces.
Alley. “Alley” means a secondary means of access to property located at the rear or side of the property.
Alteration. “Alteration” is defined, for the purposes of Chapter 1 of Division 17, in Section 9-17-102.
Alternative Surfacing Materials. “Alternative surfacing materials” mean parking lot surfacing materials other than asphalt concrete or Portland cement concrete including, but not limited to, brick or cut (cobble) stone, treated or untreated aggregate base, treated or untreated gravel, or spraying the existing surface with water or dust palliatives.
Annular Space. “Annular space” means the space between two concentric well casings or between the casing and the wall of the drilled hole.
Antenna. “Antenna” means, when used in association with the terms wireless telecommunication facilities or supporting equipment, any system of poles, panels, rods, reflecting discs or similar devices that transmits or receives radio frequency signals for commercial, wireless telecommunication establishments.
Antiquated Subdivision. “Antiquated subdivision” means a subdivision that: (1) was approved prior to October 1961, (2) is underdeveloped or only partially developed, and (3) could not be approved as a subdivision now because of more stringent or different requirements.
Apartment. “Apartment” means a room or suite of rooms in a multiple dwelling, designed for, intended for, and/or occupied by one (1) family.
ATTACHMENT B
Item 7.4
Mountain House Page 216 of 846
7 Applicable Public Agency. “Applicable Public Agency” means a public agency or its successor that is the recipient of Public Land within the Mountain House Community and that is authorized to provide the infrastructure and services on said Public Land.
Approval. “Approval” means favorable action on a map or development project, with or without conditions by the Review Authority, prior to the expiration date specified by ordinance.
Previous favorable action on a map, development project, or time extension thereof which has expired does not constitute approval.
Aquifer. “Aquifer” means a geologic formation, group of formations, or part of a formation that is water bearing and which transmits water in sufficient quantity to supply springs and pumping wells.
Area of Benefit. “Area of benefit” means a geographical area which is created to spread the cost of a service or improvement.
Area of Special Flood Hazard. “Area of special flood hazard” means an area having special flood hazards as identified by the Federal Emergency Management Agency, the Federal Insurance Administration, or the Floodplain Administrator. (a) The areas of special flood hazard identified by the Federal Emergency Management Agency or the Federal Insurance Administrator are those areas indicated in a scientific and engineering report entitled “Flood Insurance Study for County of San Joaquin, November 1979,” as amended, and shown on the accompanying Flood Insurance Rate Maps as Zones A, A0, A1-30, AE, A99, or AH, or on the Floodway Maps as floodways; (b) The areas of special flood hazard identified by the Floodplain Administrator include those areas, not identified by the Federal Emergency Management Agency or the Federal Insurance Administration in Subsection (a), that the Floodplain Administrator considers a risk from flooding;
(c) The areas of special flood hazard are areas of floodway and flood fringe as defined in this Title.
Asphalt Concrete. “Asphalt concrete” means a commercially premixed surfacing material using a black, bituminous tar like binding agent that is placed on top of a base material such as aggregate base, sand or concrete. It is also known as AC, blacktop, paving or asphalt.
Attached ADU. “Attached ADU” means a new ADU constructed as a physical expansion (i.e., addition) of the primary dwelling that is attached to the Single-family Dwelling by one (1) or more common walls.
Balloon. “Balloon” means a large airtight bag that rises into the air when filled with a gas which is lighter than air.
Banner. “Banner” means a sign constructed of light weight, non-rigid materials with no enclosing framework.
Base Flood. See “Flood, Base.”
Basement. “Basement” means a story all or partly underground. A basement shall be counted as a story for purposes of height measurement if one-half (½) or more of its height is above grade.
Bedrock. “Bedrock” means the solid undisturbed rock in place either exposed at the ground surface or beneath surface deposits of loose rock or soil.
Bedroom. “Bedroom” means any room with a closet which meets the minimum Uniform Building Code requirements for egress, windows, and doorways.
ATTACHMENT B
Item 7.4
Mountain House Page 217 of 846
8 Bikeway. “Bikeway” means a Class I bike path, a Class II bike lane, or a Class III bike route.
Billboard. See definition for “Off-Premises Sign.”
Biologist, Qualified. “Qualified biologist” means any person who has completed at least four (4) years of training in wildlife biology or a related science and has demonstrated field experience in the identification and life history of the animal that is the subject of the survey.
Biomass Energy Production. “Biomass energy production” means the conversion of plant material or plant or animal waste to a useable source of energy for on-site use.
Block. “Block” means one (1) side of a street located between two (2) intersections.
Boarding School. “Boarding school” means a school providing both lodging and meals for its pupils.
Boutique Sale. “Boutique sale” means the sale of handcrafted items from residential property.
Building. “Building” means any structure used for or intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
Building, Accessory. “Accessory building” means a subordinate building which is an incidental and related use to that of the main building or main use of the land on the same lot.
Building Coverage. “Building coverage” means the amount of land covered or permitted to be covered by a building, usually measured in terms of percentage of a lot.
Building Height. “Building height” means the vertical measure of a building from the average finished ground level of the building pad to the highest point of the roof.
Building, Main. “Main building” means the building or one of the buildings housing a principal use on a lot.
Building Official. “Building Official” means the Deputy Director of Building Inspection of the City of Mountain House, acting either directly or through his authorized deputies.
Building, Public. “Public building” means a building owned and operated by a public agency of the United States of America, the State of California, or any of their political subdivisions, districts, or municipal corporations.
Carport. “Carport” means a private garage not completely enclosed by walls or doors.
Casing. “Casing” means a tubular retaining structure which is installed in the bore hole to maintain the well opening.
Cathodic Protection Well. “Cathodic protection well” means any artificial excavation constructed by any means for the purposes of installing equipment or facilities for the electrical protection of metallic equipment in contact with the ground (commonly referred to as cathodic protection).
Cemetery. “Cemetery” means land used or intended to be used for the burial of animal or human dead and which is dedicated for cemetery purposes, including columbaria, crematoriums, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
Chip Seal. “Chip seal” means a layer of aggregate base covered by a layer of liquid asphalt topped with a layer of pea size gravel.
City. “City” means the City of Mountain House.
City Council or Council. “City Council” or “Council” means the City Council of the City of Mountain House.
City Engineer. “City Engineer” means the City Engineer of the City.
ATTACHMENT B
Item 7.4
Mountain House Page 218 of 846
9 City Maintained Road. “City maintained road” means a road for which the City has accepted rights-of-way and maintenance responsibilities.
Civil Engineer. “Civil engineer” means a professional engineer registered as a civil engineer by the State of California.
Class I Bike Path. “Class I bike path” means a path where bicycle travel is the designated use and which is separated from the vehicular network to provide the greatest degree of physical safety for the cyclist.
Class II Bike Lane. “Class II bike lane” means a path where bicycle travel is the designated use and which consists of a separate marked lane within a roadway, with guide signs and pavement markings along the way.
Class III Bike Route. “Class III bike route” means a path where bicycle travel is the designated use and which is signed only, with the cyclist sharing the right-of-way with motorists.
Clearance. “Clearance” means the smallest vertical distance between grade and the lowest point of any sign, including any structure or framework and embellishments extending over the grade.
Club. “Club” means an association, whether incorporated or unincorporated, of persons organized for some common nonprofit purpose, not including a group organized solely or primarily to render a service customarily carried on as a business.
Collocation. “Collocation” means the sharing of a wireless telecommunications support structure between two (2) or more service providers.
Commercial Cannabis Activity. “Commercial cannabis activity” means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis products or any other activity provided for in Medicinal and Adult Use Cannabis Safety and Regulation Act.
Commercial Project. “Commercial project” means a development project which involves the distribution and sale or rental of goods and/or the provision of services.
Common Interest Development. “Common interest development” means any of the following:
(a) A community apartment project (apartment).
(b) A condominium project.
(c) A planned development.
(d) A stock cooperative.
Compaction. “Compaction” means the increase of density of a soil or rock fill by mechanical means.
Condominium. “Condominium” means a subdivision as defined in Civil Code Section 1350.
Consistency. “Consistency” means conformity to.
Construction. “Construction” means the construction, erection, enlargement, alteration, conversion or movement of any building, structure or land, including scientific surveys.
Contamination. “Contamination” means an impairment of the quality of waters to a degree which creates a hazard to the public health through poisoning or the spread of disease.
Contamination shall include any equivalent effect resulting from the disposal of waste, whether or not water of the City is affected.
Contiguous. Except as modified by Chapter 21 of Division 8, “contiguous” means to be in actual contact, touching, bounded or traversed by, even though separated by roads, streets,
ATTACHMENT B
Item 7.4
Mountain House Page 219 of 846
10 easements, or railroad rights-of-way. In Chapter 21 of Division 8, “contiguous” means parcels or units of land which share a common boundary.
Contour. “Contour” means a line representing the configuration of the ground at a certain elevation.
Convalescent Home. See “Nursing Home.”
Converted ADU. “Converted ADU” means an ADU constructed within the interior of an Existing Structure that occupies part of the floor area of the Existing Structure. A Converted ADU does not include an ADU that would: (a) increase the height of an Existing Structure; (b) require removal of more than fifty (50) cubic yards of earth as part of the excavation of an Existing Structure; or (c) increase the floor area of the Existing Structure by more than one hundred fifty (150) square feet beyond its existing physical dimensions for the purpose of accommodating ingress and egress.
Coop. “Coop” means a cage or pen for poultry or other fowl.
Corral. “Corral” means a space, other than a building, less than one (1) acre in area used for the confinement of animals.
Court. “Court” means an open, unoccupied space, other than a yard, located on the same lot with a building or buildings and bounded on two (2) or more sides by such building or buildings.
Cul-de-sac Street. “Cul-de-sac street” means a road open at one end only, with special provisions for turning around at the opposite end.
Cultivator License. “Cultivator license” means a license issued by the City to plant, grow, harvest, dry, cure, grade, or trim cannabis and who holds an authorized Annual State License with an A-License or M-License designation.
Cut. See “Excavation.”
Dairy. “Dairy” means any premises where milk is produced for sale or distribution and where two (2) or more cows or six (6) or more goats are in lactation.
Days. “Days” means calendar days.
Dedicate. “Dedicate” (and its derivations) means the legal process of transferring, whether by grant deed, certification on a subdivision map, or otherwise, land to a public agency.
Density Bonus. “Density bonus” means an increase in residential units over the maximum number of normally allowed units within a residential General Plan designation.
Density Bonus Unit. “Density Bonus Unit” means an additional residential dwelling unit which is not included in the calculations of residential densities specified by the Mountain House Master Plan or by any of the various Specific Plans for the Mountain House Community and which is permitted to be constructed as part of a residential development in the Mountain House Community, provided said development satisfies the conditions specified in Chapter 4 of Division 3.
Department. “Department” means the City of Mountain House Community Development Department.
Design. “Design” means standards related to the following:
(a) Street alignments, grades, and widths;
(b) Drainage and sanitary facilities, utilities, and flood control projects, including sizes, alignments, and grades thereof;
(c) Location and size of all required easements and rights-of-way (existing or future); (d) Fire roads and firebreaks;
(e) Lot size and configuration;
ATTACHMENT B
Item 7.4
Mountain House Page 220 of 846
11 (f) Access;
(g) Grading;
(h) Land to be dedicated for park or recreational purposes; (i) Land to be dedicated for public access to public resources; and (j) Such other specific physical requirements as may be necessary to ensure consistency with, or implementation of, the General Plan or an applicable Specific Plan or Special Purpose Plan.
Design Standards. “Design standards” means the design requirements established by the City Council by resolution and applicable at the time of approval of a project.
Detached ADU. “Detached ADU” means a new ADU that is located on the same lot as a Single-family Dwelling but does not share any walls with that dwelling.
Developer. “Developer” means, for purposes of the Mountain House Development Title, the legal or beneficial owner or owners of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land, and any successor in interest thereto.
Development. “Development” means the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation, landfill, or land disturbance; and any use or extension of the use of the land. For the purposes of Chapter 17 of Division 8 and Chapter 2 of Division 16 “Development” means any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
Development Agreement. “Development Agreement” means a written agreement between the City and a person having a legal or equitable interest in real property for the development of that real property as provided in Division 13 and Government Code Section 65864 et seq.
Development Permit. “Development Permit” means any Discretionary Permit or Ministerial Permit required for a project.
Development Project. “Development project” means any project for which a discretionary permit is required, excluding General Plan amendments, ordinance text changes, rezonings, Specific Plans and Specific Plan amendments, and Special Purpose Plans and Special Purpose Plan amendments.
Director. “Director” means the City Manager or his or her designee.
Director of Public Works. “Director of Public Works” means the Director of the Department of Public Works of the City or the Director’s designee.
Discretionary Permit. “Discretionary permit” means any permit required before the development or use of real property can proceed, in which the Review Authority may approve, deny, or approve subject to conditions, said permit. Discretionary Permits do not include legislative approvals, such as approvals of, or amendments to, General Plans, Master Plans, Specific Plans, Special Purpose Plans, ordinance text changes, or rezonings.
Disposal. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent of the waste may enter the ground, be emitted into the air, or be discharged into any waters, including groundwater.
ATTACHMENT B
Item 7.4
Mountain House Page 221 of 846
12 Distributor License. “Distributor license” means a license issued by the City to procure, sell, and transport cannabis and cannabis products who holds an authorized Annual State License with an A-License or M-License designation.
District. “District” means any special district empowered to operate and maintain water or wastewater infrastructure.
Dock, Private. “Private dock” means a dock or basin providing water dockage for small craft for use by only the property owner, adjacent property owners or club members.
Drainage Facility. “Drainage facility” means any structure or feature, either natural or artificial, which causes or allows water to flow intermittently or continuously from one place to another and which lies partly or wholly along, within, or across any City highway or that affects any City highway.
Drip Line. “Drip line” means an area delineated by projection of the periphery of the crown area of a tree down to the ground surface.
Dwelling. “Dwelling” means any building or portion thereof which contains one or more dwelling units.
Dwelling, Multiple-Family. “Multiple-family dwelling” means a building arranged or designed to contain three (3) or more dwelling units.
Dwelling, Second Unit. “Second unit dwelling” means a detached or attached dwelling unit, not including a mobile home, that is located on the same parcel as a primary single-family dwelling, is clearly subordinate in size to said primary single-family dwelling, and is subject to the requirements specified in Chapter 13 of Division 8.
Dwelling, Single-Family. “Single-family dwelling” means a building arranged or designed to contain one (1) dwelling unit, not including mobile homes that are not on permanent foundations.
Dwelling Unit. “Dwelling unit” means any building or portion thereof containing living facilities, including provisions for sleeping, eating, cooking, and sanitation for no more than one family.
Easement. “Easement” means the right to use another’s property. Easements are usually over a defined area and for a specific use such as public utilities, drainage facilities, roads, sewers, or access.
Eave. “Eave” means the projecting lower edges of a roof overhanging the wall of a building.
Educational Animal Project. “Educational animal project” means an animal husbandry activity which is under the supervision of an educationally oriented youth program or organization connected to a school or nonprofit organization.
Efficiency Kitchen. “Efficiency Kitchen” (also known as a “kitchenette” or “partial kitchen”) means a kitchen that meets the requirements of subdivision (f) of Government Code section 66333.
Efficiency Unit. “Efficiency Unit” has the meaning set forth in subdivision (c) of Government Code section 66313.
Electrified Security Fence. An “Electrified Security Fence” is a permanent fence with a battery powered, low voltage, pulsed current that conforms to the 2006 International Standards and Specifications of the International Electrotechnical Commission for electric fence energizers (International Standard IED 60335, Part 2-76). No electrified security fence shall be installed unless there is an outer protective barrier a minimum of six (6) feet in height located between the property line and the electrified security fence.
ATTACHMENT B
Item 7.4
Mountain House Page 222 of 846
13 Embankment. See “Fill.”
Emergency Work. “Emergency work” means the use of any machinery, equipment, vehicle, manpower or other activity in a short term effort to protect, or restore safe conditions in the community, or work by private or public utilities when restoring utility service.
Encroachment. “Encroachment” means the act of constructing, excavating, improving, or installing improvements within the City right-of-way. “Encroachment” also means the improvement, excavation, or facility constructed or installed within the City right-of-way.
Encroachment Permit. “Encroachment Permit” means a written permit issued by the Department of Public Works authorizing certain work within a publicly maintained right-of-way.
Enforcement Official. “Enforcement Official” means the City Manager or their deputy or employee, or any person authorized by law or ordinance.
Engineering Geologist. “Engineering Geologist” means a registered geologist certified as an Engineering Geologist by the State of California.
Environmental Impact. “Environmental impact” means projected long-term or shortterm effects (adverse or beneficial) which a development project or plan may have on the natural and built environment if the project is carried out.
Environmental Review Officer. “Environmental Review Officer” means the Director or the Director’s designee.
Equivalent Sound Level (Leq). “Equivalent sound level” or “Leq” means the sound level containing the same total energy as a time-varying sound level over a given sample period, typically computed for a one (1) hour sample period.
Erosion. “Erosion” means the wearing away and transportation of earth material as a result of the movement of wind, water, or ice.
Establishment. “Establishment” means a single, physical location at which economic activity occurs, such as a store, a factory or a farm.
Evacuation Plan. “Evacuation Plan” means a plan for the evacuation of mobile homes and recreational vehicles in existing mobile home parks, or for the evacuation of existing and proposed recreational vehicle parks, during time of flood hazards.
Existing Manufactured Home Park or Subdivision. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 3, 1980.
Existing Structure. “Existing Structure” means, for purposes of Chapter 13 of Division 8, Residential Accessory Dwelling Units, an existing Single-family Dwelling (including all fully enclosed areas such as a partial basement, attic, or an attached garage) or other Accessory Structure that can be safely converted into habitable space under building and fire codes.
Exotic Animals. “Exotic animals” mean animals generally considered wild or not normally domesticated, including, but not necessarily limited to, chinchillas, foxes, wolves and wolf-dog hybrids, and game animals.
Expansion to an Existing Manufactured Home Park or Subdivision. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
ATTACHMENT B
Item 7.4
Mountain House Page 223 of 846
14 Expansive Soil. “Expansive soil” means any soil which exhibits significant expansive properties as determined by a Geotechnical Engineer or the Building Inspector.
Family. “Family” means one (1) or more individuals, living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit.
Family, Immediate. “Immediate family” means individuals related by blood, marriage, or adoption who personally or through a spouse are in a direct line of descent from another family member. Family Food Production. “Family food production” means the raising or keeping of small animals or fowl on the same lot as the primary residence of the family.
Farm Cooperative. “Farm cooperative” means a group of two (2) or more growers or producers who associate for the purpose of selling farm produce for the mutual benefit of its members.
Farm Employee Housing. “Farm employee housing” means any housing provided exclusively for temporary, seasonal, or permanent occupancy by agricultural employees and their immediate families, as defined in Section 1140.4 of the California Labor Code.
Farm Employee Housing, Large. “Large farm employee housing” means farm employee housing consisting of thirty-seven (37) or more beds in a group quarters used exclusively for farm employees, or thirteen (13) or more units or spaces designed for use by a single-family or household.
Farm Employee Housing, Small. “Small farm employee housing” means farm employee housing consisting of no more than thirty-six (36) beds in a group quarters used exclusively for farm employees, or twelve (12) units or spaces designed for use by a single-family or household.
Farm Employee Housing, Temporary. “Temporary farm employee housing” means farm employee housing used in conjunction with work performed on the site or on property owned or leased by the owner for no more than eight (8) weeks per year.
Fee Per Lot Square Foot. “Fee per lot square foot” means that fee component of the Affordable Housing Impact Fee that is applied to the net parcel area of a residential parcel.
Feedlot. “Feedlot” means a pen, corral, shelter, or other similar confinement used exclusively to fatten animals for market and in which supplemental feeding is provided.
Fence. “Fence” means a wall or barrier constructed of boards, masonry, wire, or any other material for the purpose of enclosing space or separating parcels of land. The term “fence” does not include retaining walls but does include fence gates and gateposts.
Fence, Open. “Open fence” means a fence constructed of materials which allow a clear view between the property that is fenced and a road or adjoining properties. Materials used to build an open fence may include wire, wood rails, chain link, and wrought iron.
Fill. “Fill” means the deposit of soil, rock, or other materials placed by man and includes the conditions resulting therefrom.
Final Map. “Final map” refers to the map or recording instrument for Major Subdivisions of land as described in Chapter 19 of Division 8. The final map must be in substantial compliance with the approved tentative map. A final map filed with the County Recorder may also be used to effect an approved tentative map for a Minor Subdivision at the option of either the subdivider or the City.
Findings. “Findings” means a set of conclusions required before specified permits or other entitlements may be granted by the Review Authority.
ATTACHMENT B
Item 7.4
Mountain House Page 224 of 846
15 Finish Grade. “Finish grade” means the final elevation of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.
Flag. “Flag” means a piece of cloth or bunting, often attached to a staff, representing emblems of the USA, State of California, or civic, philanthropic, educational, or religious organizations, when not used for advertising.
Flag Lot. See “Lot, Flag.”
Flea Market. “Flea market” means a building or portion of a building where individual market stalls or spaces are provided for persons to display, buy, sell, exchange, or deal in new or used goods.
Flood or Flooding. “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas.
Flood Control Engineer. “Flood control engineer” means the engineer appointed by the City Council to supervise and administer the City of Mountain House Flood Control and Water Conservation District, and shall be the Director of Public Works.
Flood Control Facilities. “Flood Control Facilities” means levees, dredger cuts, retention basins, dams, and flood channels.
Flood Elevation. “Flood elevation” means the elevation of the water surface of the one hundred (100) year flood shown on the Flood Insurance Maps or the elevation of flood water in an area having a one percent (1%) or greater probability of flood in any given year, as determined by the Floodplain Administrator.
Flood Fringe. “Flood fringe” means the area of the one hundred (100) year flood, exclusive of the floodway, as shown on the Flood Insurance Maps and any area determined by the Floodplain Administrator to have a one percent (1%) or greater probability of flood in any given year.
Flood Hazard. “Flood hazard” means the danger of damage to persons or property from overflow water resulting from a one hundred (100) year flood or from the accumulation or flow of water determined to be hazardous by the Floodplain Administrator.
Flood Height. “Flood height” means the depth of the flood water during the one-hundred (100) year flood, computed as the difference between the elevation of the one hundred (100) year flood water surface and the elevation ground surface at a given point in the flooded area.
Flood Insurance Maps. “Flood Insurance Maps” means those maps submitted to the City by the Federal Emergency Management Agency as part of a report entitled “Flood Insurance Study for County of San Joaquin, November 1979,” as amended and any subsequent amendments and/or revisions. The maps include the Flood Insurance Rate Maps and the Floodway Maps.
Flood Insurance Rate Map or FIRM. “Flood Insurance Rate Map” or “FIRM” means the official map in which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City (e.g., AO, AH, etc.).
Flood Insurance Study. “Flood insurance study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water sur-face elevations submitted to the City by the Federal Emergency Management Agency as part of a report entitled “Flood Insurance Study for County of San Joaquin, November 1979,” as amended and any subsequent amendments and/or revisions.
ATTACHMENT B
Item 7.4
Mountain House Page 225 of 846
16 Flood Variance. “Flood variance” means a grant of relief from the requirements of Chapter 2 of Division 16 of this Title that permits construction in a manner that would otherwise be prohibited by said chapter. (See Section 9-8-1701 for Flood Variance application.) Floodplain Administrator. “Floodplain Administrator” means the person appointed by the City Council to administer and implement the flood prevention provisions of this Title, as described in Division 16 of this Title.
Floodplain Encroachment Permit. “Floodplain Encroachment Permit” means a permit issued by the Department of Public Works for any project that would alter a watercourse.
Floodplain Management. “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage.
Floodproofing. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments which reduce or eliminate flood damage to properties, utilities, structures, and their contents.
Floodway. “Floodway” means:
(a) The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the one hundred (100) year flood without cumulatively increasing the water surface elevation more than one (1) foot; (b) The floodway shown on the Flood Insurance Maps;
(c) The designated floodway of the State Reclamation Board, if the Flood Insurance Maps do not indicate the floodway;
(d) The river or other watercourse itself, between its levees or banks, to the elevation of the one hundred (100) year flood, if the Flood Insurance Maps do not indicate the floodway and the State Reclamation Board has not established a designated floodway; or (e) The channel necessary to carry a flood with a one percent (1%) or greater probability of occurring in any given year established by the Floodplain Administrator, if the above criteria do not determine the floodway.
Floor Area. “Floor area” means the usable area of a building or portion thereof, under the horizontal projection of the roof or structural membrane, excluding garages, carports, porches, patios, courts and vent shafts.
Floor Area Ratio. “Floor area ratio” means the gross floor area of all buildings on a lot divided by the lot area.
Food Establishment. “Food establishment” means any location or portion thereof, any room or any building that is maintained, used or operated for the purpose of storing, preparing, packaging or otherwise handling food that is engaged in retail trade.
Food Preparation. “Food preparation” means packaging, processing, assembling, portioning or any operation which changes the form, flavor or consistency of food, but does not include the trimming of produce.
Forty-Five Degree (45°) Clear. “Forty-five degree (45°) clear” means that all points on a structure must not touch an imaginary line drawn at a forty-five degree (45°) angle from the nearest right-of-way line or property line, as applicable.
Freestanding Structure. “Freestanding structure” means a monopole, lattice tower, or other vertical support which is not a building, that is used for wireless telecommunication, or radio or television broadcasting.
Frontage. “Frontage” means that side of a lot which abuts a public road, or waterway if so specified.
ATTACHMENT B
Item 7.4
Mountain House Page 226 of 846
17 Frontage, Primary. “Primary frontage” means that side of a lot abutting a street where the main building entrance is located and in the general direction in which the principal building faces.
Frontage, Secondary. “Secondary frontage” means that side of a lot abutting a street which is to the side or in the opposite direction from which the principal building faces.
Garage, Private. “Private garage” means either: (a) a building or portion of a building, not more than one thousand (1,000) square feet in area, in which motor vehicles or pleasure type vehicles used by the owners or tenants of the building or buildings are stored or kept, or (b) a building or a portion of a building up to three thousand (3,000) square feet in area which meets the special area provisions for private garage contained in the latest edition of the Uniform Building Code as adopted by the City. The building shall be without separate gas and electrical services.
Garage Sale. “Garage sale” means the sale of household articles or personal possessions incidentally accumulated during normal and conforming residential use of the property on which the sale is held.
General Plan. “General Plan” means the official document consisting of maps and text adopted by the City as a policy guide to decisions pertaining to the physical development of the City. It is the City’s statement of goals, policies, and actions necessary for orderly development and growth and thereby serves as a guide for many public decisions, especially land use changes, preparation of capital improvement programs, enactment of growth accommodation legislation, and imposition of impact fees.
Geotechnical Engineer. “Geotechnical engineer” means a civil engineer registered by the State of California who is qualified in the field of soil mechanics and soil engineering and has the authority to use the title “soil engineer.”
Grade. “Grade” means the elevation of a specified surface or the degree of rise or descent of a sloping surface.
Grading. “Grading” means any stripping, cutting, filling, or stockpiling of earth or land, including the land in its cut or filled condition.
Grading Plan. “Grading Plan” means a plan prepared in accordance with Division 14 which shows excavation and reclamation work.
Ground Water. “Ground water” means that part of the subsurface water which is in the zone of saturation.
Group Care Facility. “Group care facility” means a facility authorized, certified, or licensed by the State of California to provide nonmedical residential care and supervision on a twenty-four (24)-hour a day basis to either mentally disordered or otherwise handicapped persons, to dependent and neglected children, or to aged individuals.
Group H Occupancies. “Group H Occupancies,” as defined by the Uniform Building Code, mean buildings or structures, or portions thereof, that involve the manufacturing, processing, generation, or storage of materials that constitute a high fire, explosion, or health hazard, including semi-conductor fabrication.
Grout. “Grout” means a fluid mixture of cement or other approved material and water of a consistency that can be forced through a pipe and placed as required to form a watertight seal.
Various additives, such as sand, bentonite, and hydrated lime, are used to meet certain requirements. For example, sand is added when a considerable volume of grout is needed.
Guesthouse. “Guesthouse” means a separate dwelling structure, not exceeding four hundred (400) square feet, located on a lot with one or more main dwelling structures, used for
ATTACHMENT B
Item 7.4
Mountain House Page 227 of 846
18 housing guests or servants, not containing kitchen facilities, and not rented, leased, or sold separately from the rental, lease, or sale of the main dwelling.
Habitat. “Habitat” means the natural environment of a plant or animal.
Hazardous Materials. “Hazardous materials” means any substance, waste, or material defined as an “extremely hazardous waste” or “hazardous waste” by Section 25115 or 25117 of the California Health and Safety Code, and any material listed or cited in Section 66680 of Title 22 of the California Administrative Code. As used herein, “hazardous material” shall also include any substance, waste or material which meets any of the following criteria:
(a) Toxic: capable of producing injury, illness, or damage to humans, livestock, or wildlife through ingestion, inhalation, or absorption through any body surface; (b) Corrosive: capable of destroying by chemical action living tissue through contact; (c) Irritants: capable of causing a local inflammatory reaction; (d) Strong sensitizers: capable of causing allergic or hypersensitive reactions; or (e) Flammable: capable of burning during normal handling and which may produce harmful gas or particles.
“Hazardous waste” means any waste, or combination of wastes, as specified in Title 22 of the California Code of Regulations, which because of its quantity, concentration, physical, chemical, or infectious characteristics may either:
(a) Cause, or significantly contribute to, an increase in mortality or an increase in serious, irreversible, or incapacitating, reversible illness; or (b) Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of, or otherwise managed. The term “hazardous waste” shall include extremely hazardous waste and acute hazardous waste.
Heliport. “Heliport” means an area of land or water or a structural surface which is used, or intended for use, for the landing and takeoff of helicopters, and any appurtenant areas which are used, or intended for use, for heliport buildings and other heliport facilities.
Heritage Oak Tree. “Heritage oak tree” means a native oak tree that has a single trunk diameter of thirty-two (32) inches or greater measured at four and one-half (4½) feet above the average ground elevation of the tree.
Highest Adjacent Grade. “Highest adjacent grade” means the highest natural elevation of the ground surface prior to construction next to the proposed wall of a structure.
Historic District. “Historic district” means an integrated group of structures or an area which holds special historical interest or value.
Historic Resource. “Historic resource” means any object, building, structure, site, area, or place which is historically or archaeologically significant, or which is significant in the aesthetic, architectural, cultural, engineering, scientific, economic, agricultural, educational, social, political, or military annals of California, San Joaquin County, or local communities.
Historic Structure. “Historic Structure” means any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or individually
ATTACHMENT B
Item 7.4
Mountain House Page 228 of 846
19 listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
Historical Tree. “Historical tree” means any tree or group of trees given special recognition because of the size, age, location, or history. Designation of historical trees shall be made by the Planning Commission following a Public Hearing.
Home Occupation. “Home occupation” means any occupation which is customarily or ordinarily conducted within a dwelling, is clearly incidental and secondary to the use of the dwelling for dwelling purposes, and does not change the residential character or design of the dwelling.
Homeowner’s Association. “Homeowner’s association” means a community association, composed of individual owners of a development, which is created for the purpose of holding title to common property, managing and maintaining the common property, and/or enforcing certain covenants and restrictions for the overall benefit of its members.
Hotel. “Hotel” means a building containing guestrooms providing transient lodging accommodations for compensation.
Household, Low-income. “Low-income household” means a household which meets the qualifications for Low-income Household as defined in Section 50079.5 of the Health and Safety Code.
Household, Very Low-income. “Very low-income household” means a household which meets the qualifications for Very Low-income Household as defined in Section 50105 of the Health and Safety Code.
Household Pets. “Household pets” means animals ordinarily permitted in the house and kept for company or pleasure, such as dogs, cats, and birds.
Improvement Plans. “Improvement plans” means plans, profiles, specifications, and engineering estimates of improvement cost, and all necessary details of the improvement proposed for installation or modification.
Improvements. “Improvements” means additional roadway, drainage, water, and wastewater facilities required to adequately serve development projects. (a) Roadway improvements may include, but are not limited to, grading, pavements, curbs and gutters, sidewalks, driveways, bridges, traffic signals, roadway lighting, signs, or roadway landscaping.
(b) Drainage improvements may include, but are not limited to, main pipelines, culverts, drainage inlets, connector pipes, manholes, channels, ponds, ditches, and appurtenances.
(c) Wastewater improvements may include, but are not limited to, wells, main pipelines, service laterals, manholes, cleanouts, and appurtenances. (d) Water improvements may include, but are not limited to, main pipelines, service laterals, valves, meters, hydrants, and appurtenances.
“Improvements” also means specific facilities whose installation is necessary or desirable to ensure conformity to, or implementation of, the City General Plan, Special Purpose Plan, or Specific Plans.
Impulsive Noise. “Impulsive noise” means noise of short duration, usually less than one (1) second, with an abrupt onset and rapid decay, such as the discharge of firearms.
Individual. “Individual” means a born human being.
ATTACHMENT B
Item 7.4
Mountain House Page 229 of 846
20 Industrial Project. “Industrial project” means a development project which involves the on-site production of goods or commodities and/or the processing of raw materials.
Infrastructure. “Infrastructure” means facilities and services needed to sustain industrial, residential, and commercial activities, including water, drainage, and sewer lines; streets and roads; communications; and public facilities.
Inoperative Vehicle. “Inoperative vehicle” means a vehicle that mechanically is incapable of being driven, including a vehicle which is missing any part essential for movement or where such essential parts are broken or defective; or a vehicle prohibited from being operated on a public street or highway pursuant to Sections 4000, 5202, 24002, or 40001 of the California Vehicle Code, concerning license plates, registration, equipment, safety and related matters.
Intensity, Building. See “Building Intensity.”
Interior ADU. “Interior ADU” means an ADU that is contained entirely within an existing Single-family Dwelling. See also “Junior Accessory Dwelling Unit.” Junior Accessory Dwelling Unit. “Junior Accessory Dwelling Unit” (also known as a “Junior ADU” or “JADU”) means an Accessory Dwelling Unit that is not more than five hundred (500) square feet and contained entirely within a Single-Family Dwelling. A JADU may include separate sanitation facilities or may share sanitation facilities with the Existing Structure.
Junk. “Junk” means, but is not limited to, any cast-off, damaged, discarded, junked, salvaged, scrapped, worn out or wrecked, thing or material including magazines, books, cardboard boxes, wood boxes, scrap lumber, trash, litter, refuse, paper, glass, cans, bottles, rags, ashes, trimmings from lawns, trimmings from plants, trimmings from trees, discarded furniture, scrap metal, used tires, materials from demolition or alteration or construction of buildings or structures, or solid waste.
Kennel. “Kennel” means a place where four (4) or more dogs, or four (4) or more cats, over four (4) months of age are kept for commercial or noncommercial purposes, but excludes animal control shelters operated by governmental agencies or to veterinary hospitals.
Kitchen. “Kitchen” means any room, all or any part of which is designed or used for cooking and preparation of food.
Land Voucher. “Land Voucher” means a document given in exchange for acreage in fulfillment of the requirements of the Public Land Equity Program.
Leq. See the definition for “equivalent sound level (Leq).” Limited Retail Sales. “Limited retail sales” means the sale of items other than fresh produce and shell eggs. Limited retail sales areas are limited to one hundred fifty (150) square feet of the floor area for a small agricultural store and five hundred (500) square feet of floor area for a large agricultural store.
Livable Area. “Livable area” means the area within the outside walls of a residential unit, whether attached or unattached, but not including unfinished garages, unfinished basements, porches, or storage facilities not accessible from the interior of the residential unit.
Living Area. “Living Area” (also known as “habitable area”) means the interior area of a dwelling unit used for living, sleeping, eating, cooking, bathing, washing, and sanitation purposes, but does not include a garage or any accessory structure and storage or utility spaces and similar area that are not considered habitable spaces as defined by the Building Code.
Loading Space. “Loading space” means an off-street space or berth used for loading or unloading commercial vehicles.
Lot. “Lot” means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.
ATTACHMENT B
Item 7.4
Mountain House Page 230 of 846
21 Lot, Corner. “Corner lot” means a lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees.
Lot, Flag. “Flag lot” means an “L”-shaped or “T”-shaped lot in which one arm of the lot fronts on a public road and is used solely as a driveway.
Lot, Interior. “Interior lot” means a lot other than a corner lot.
Lot, Reverse Corner. “Reverse corner lot” means a corner lot in which the rear yard abuts the side yard of an interior lot.
Lot Area. “Lot area” means the total horizontal area included within the property lines of a lot.
Lot Area, Gross. “Gross lot area” means the total lot or parcel area within the lot lines of a lot, including existing and/or proposed rights-of-way.
Lot Area, Net. “Net lot area” means the total lot or parcel area within the lot lines of a lot, excluding the land area required for roads and off-street parking facilities.
Lot Depth. “Lot depth” means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
Lot Line. “Lot line” means a line of record bounding a lot which divides that lot from another lot or from a public or private street or any other public space.
Lot Line, Front. “Front lot line” means the lot line separating an interior lot from a street.
For flag lots, the front lot line is defined as follows:
(a) Where a lot’s driveway will not be needed to serve more than one parcel, “front lot line” means the lot line closest to the public street, excluding the lot lines defining the driveway;
(b) Where a lot’s driveway may be needed as part of a future public road, “front lot line” means a line extended from the end of the driveway straight through the parcel which will be parallel to the rear lot line and nearest to the location of the proposed dwelling.
Lot Line, Rear. “Rear lot line” means the lot line opposite and most distant from the front lot line; or, in the case of triangular or otherwise irregularly shaped lots, a line of no less than ten (10) feet in length within the lot, parallel to and at a maximum distance from, the front lot line.
Lot Line, Side. “Side lot line” means any lot line other than a front or rear lot line.
Lot Line Adjustment. “Lot Line Adjustment” means a minor relocation of a property line between the existing parcels which would create no new parcels.
Lot Size. “Lot size” means the gross or net lot area calculated for a particular parcel. For parcels in agricultural zones, lot size means gross lot area. For parcels in all other zones, lot size means net lot area.
Lot Width. “Lot width” means the distance between the side lot lines, measured at such distance back from the front lot line as is required for the depth of the front yard.
Lowest Floor. “Lowest floor” means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).
(a) An unfinished or flood-resistant enclosure below the lowest floor that is useable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor, provided it conforms to applicable non-elevation design requirements, including, but not limited to:
(1) The wet floodproofing standard in Section 9-16-212(d). (2) The anchoring standards in Section 9-16-210.
(3) The construction materials and methods standards in Section 9-16-211.
ATTACHMENT B
Item 7.4
Mountain House Page 231 of 846
22 (4) The standards for utilities in Section 9-16-213. (b) For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
Luminaire. “Luminaire” means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
Major Subdivision. “Major subdivision” means a subdivision of land creating five (5) or more parcels, five (5) or more condominiums, or a community apartment project containing five (5) or more units, unless otherwise excepted in the definition of a minor subdivision.
Manufactured Home. “Manufactured Home” means a structure transportable in one (1) or more sections that is built on a permanent chassis and is designed to be used as a dwelling, with or without a permanent foundation, when connected to utilities.
Manufactured Home Park or Subdivision. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.
Marina. “Marina” means a facility for storing, servicing, fueling, berthing, and securing pleasure boats and which may include eating, sleeping, and retail facilities for owners, crews, and guests.
Master Developer. “Master Developer” means Trimark Communities, a California general partnership, and any successor in interest thereto, in the case of Mountain House lands outside the Specific Plan III planning area. Otherwise, “Master Developer” means Gerry N.
Kamilos, LLC, and any successor in interest thereto.
Master Specific Plan. “Master Specific Plan” or “Mountain House Master Specific Plan” or “Master Plan” means the policy document which presents policies, requirements and standards for the entire Mountain House Community and guides the preparation of subsequent Specific Plans, Tentative Maps, and other approvals required to implement the building of the Mountain House Community.
Maximum Sound Level (Lmax). “Maximum sound level” or “Lmax” means the maximum sound level recorded during a noise event.
Median. “Median” means that portion of a divided highway separating the traveled way for traffic in opposite directions. A median may be raised, landscaped, or painted.
Merger. “Merger” means the process in which the City initiates an action to combine contiguous parcels or units of land under the same ownership, pursuant to Article 1.5 (commencing with Section 66451.10) of the Government Code and Chapter 21 of Division 8 of this Title.
Merger, Voluntary. “Voluntary merger” means the process in which an owner initiates an action to combine contiguous parcels of land owned by said owner, pursuant to Section 66499.20314 of the Government Code and Chapter 22 of Division 8 of this Title.
Mineral Resources. “Mineral resources” means any naturally occurring chemical element or compound, or group of elements and compounds, formed from inorganic processes and from organic and inorganic substances and present in sufficient quantities to permit commercial extraction. Included in this definition are peat, bituminous rock and aggregate minerals; excluded are geothermal resources, natural gas and petroleum.
Minimum Parcel Size. “Minimum parcel size” means the smallest unit of land permitted through subdivision within a zoning designation, as outlined in this Title.
Minor Subdivision. “Minor subdivision” means a subdivision of land where:
ATTACHMENT B
Item 7.4
Mountain House Page 232 of 846
23 (a) The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body; or
(b) Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a City maintained road, street, or highway; or (c) The land consists of a parcel or parcels of land which have approved access to a public road, street, or highway and which compose part of a tract of land zoned for industrial or commercial development and which have the approval of the governing body as to street alignments and widths; or
(d) The subdivision would create four (4) parcels or less, or condominiums or community apartments containing four (4) units or less; or (e) Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter-section.
Mobile Home. See “Manufactured Home.”
Mobile Home Park. “Mobile home park” means any parcel of land composed of a lot or contiguous lots used, designed, or intended to accommodate more than four (4) mobile homes but which does not include labor camps and labor supply camps.
Motel. “Motel” means a hotel as defined in this Title.
Multi-Use Path. “Multi-use path” means a pedestrian path that safely accommodates both pedestrians and bicycles.
Native Oak Tree. “Native oak tree” means a valley oak (Quercus lobata) with a trunk diameter of six (6) inches to less than thirty-two (32) inches for a single trunk tree, or a combined trunk diameter of eight (8) inches or greater for a multi-trunk tree, measured four and one-half (4½) feet above the average ground elevation of the tree; or an interior live oak (Quercus wislizenii), California live oak (Quercus agrifolia), or blue oak (Quercus douglasii) with a trunk diameter of four (4) inches to less than thirty-two (32) inches for a single trunk tree, or a combined trunk diameter of six (6) inches or greater for a multi-trunk tree, measured four and one-half (4½) feet above the average ground elevation of the tree.
Natural Bank. “Natural bank” means the bank of a waterway that does not have a levee or that has a levee which does not provide protection from a fifty (50) year flood.
New Construction. “New construction” means, for floodplain management purposes, structures for which the “start of construction” commenced on or after October 3, 1980 and includes any subsequent improvements to such structures.
New Manufactured Home Park or Subdivision. “New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after October 3, 1980.
Noise Contour. “Noise contour” means a line passing through points where the same sound intensity level prevails. Contours form bands of varying width emanating from a noise source.
Noise-Sensitive Land Uses. “Noise-sensitive land uses” mean uses included under the following use types: Residential, Administrative Offices, Child Care Services—Child Care Centers, Community Assembly, Cultural and Library Services, Educational Services—General, Funeral and Interment Services—Undertaking, Lodging Services, Medical Services, Professional Services, Public Services, Recreation—Indoor Spectator, and Religious Assembly.
ATTACHMENT B
Item 7.4
Mountain House Page 233 of 846
24 Nonconforming Structure. “Nonconforming structure” means a building or structure which was legal when brought into existence but which does not conform to the current height, setback, or building intensity requirements of the zone where it is located.
Nonconforming Use. “Nonconforming use” means a use which was legal when brought into existence but does not conform to the current uses allowed or to the performance standards of the zone where it is located.
Nuisance. “Nuisance” means anything resulting from unreasonable or unlawful practices or from neglect which is or tends to be injurious to health, safety, or public welfare, including an accumulation of junk, or is so unsightly or offensive to the senses as to interfere with the comfortable enjoyment of life or property. Additionally, “nuisance” means “nuisance” as defined in Title 1 and any condition existing in violation of the Municipal Code, including this Title.
Nursing Home. “Nursing home” means a facility for the accommodation of convalescents or other persons who are not acutely ill or in need of hospital care, but who require skilled nursing care and related medical services, which is operated in conjunction with a hospital or in which such nursing care and medical services are prescribed by, or are performed under the general direction of, persons licensed to practice medicine or surgery in the State.
Open Space, Private. “Private open space” means the outdoor living area directly adjoining a dwelling unit or building which is intended for the private enjoyment of the residents or occupants of the dwelling unit or building and which is defined in such manner that its boundaries are evident.
Open Space, Public. “Public open space” means a continuous open space which is readily accessible to the public at all times and specifically designed for the use and enjoyment of the public.
Outdoor Activity Areas. “Outdoor activity areas” mean the outdoor recreation areas of noise-sensitive land uses. With respect to single-family dwellings, outdoor activity areas mean the rear yard, and/or side yard when the side yard is of a sufficient size to provide outdoor recreational opportunities, of said dwellings. With respect to multiple-family dwellings, outdoor activity areas mean the patios, balconies, common outdoor recreation areas, and swimming pool areas of said dwellings.
Outdoor Storage. “Outdoor storage” means the keeping in an unroofed area of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four hours.
Outstanding Payments. “Outstanding payments” means any moneys owed to the City by an applicant for past work performed by the City or by the City’s consultant on a project submitted to the City for processing by said applicant.
Overburden. “Overburden” means all materials lying on top of mineral resources which must be removed in order to extract those resources.
Owner. “Owner” means the real party in interest in the property, or the holder of record title in the property.
Owner-Operator. “Owner-operator” means an individual, firm, association, syndicate, partnership, or corporation having sufficient proprietary interest in property to exert direct control over its use, development, and day-to-day operations.
Parcel. See “Lot.”
Parcel Map. “Parcel map” refers to the map and recording instrument for minor subdivisions of land and other subdivisions described in the Subdivision Map Act. The parcel
ATTACHMENT B
Item 7.4
Mountain House Page 234 of 846
25 map must reflect the design and conditions that were approved on the tentative map for minor subdivisions by the Director, Planning Commission, or City Council.
Parking Lot. “Parking lot” means an open area, other than a street, used for the parking of more than four (4) automobiles and available for public use, whether free, for compensation, or as an accommodation for clients or customers.
Parking Space or Stall. “Parking space” or “parking stall” means a space within a building, lot, or parking lot for the parking or storage of one (1) automobile.
Parkway. “Parkway” means the area adjoining the outer edge of the roadbed, extending to the right-of-way line in which sidewalks, plantings, utilities, bank slopes, and related facilities may be located.
Pedestrian Path. “Pedestrian path” means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. Said pedestrian path or way may be located within or outside of a street right-of-way, at grade, or grade separated from vehicular traffic.
Pedestrian Way. “Pedestrian way” is synonymous with pedestrian path.
Pen. “Pen” means a small enclosure for animals.
Person. “Person” means any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business trust, receiver, syndicate, group, or combination acting as a unit.
Pets. See “Household Pets.”
Planning Commission. “Planning Commission” means the Planning Commission of the City of Mountain House.
Portland Cement Concrete. “Portland cement concrete” means a commercially premixed surfacing material using a cement powder and water binding agent that is poured on top of a base material such as aggregate base or sand.
Poultry Ranch or Farm. “Poultry ranch” or “poultry farm” means a farm for the keeping or raising of more than thirty-five (35) game fowl or poultry, or, with respect to ostriches or other ratites, a farm for the keeping or raising of seven (7) or more animals.
Pre-Existing Residential Areas. “Pre-existing residential areas” means the three distinct residential areas that were in place before the Mountain House New Town was established, described and labeled as “Grant Line Village,” “Homesite Parcels,” and “Old River Homesites” by the Master Plan.
Preliminary Map. “Preliminary Map” means any lot line adjustment, merger or tentative map application that is submitted to the City, prior to the completion of all Mountain House Master Plan subsequent plans and programs, only for the purpose of financing, land sale or exchange, or planning area segregation, after which a more definitive Development Title application is required to be submitted to the City before construction permits can be obtained for the affected area.
Prepackaged Food. “Prepackaged food” means any properly labeled food, prepackaged by the manufacturer to prevent any direct human contact with the food product.
Private Land. “Private Land” means any land within the Mountain House Community that can be developed for private use and profit.
Private Rights-of-Way. “Private rights-of-way” means any of the following:
(a) Any right-of-way which has been offered for dedication but which has not been accepted by the City.
(b) A legally established private easement for access.
ATTACHMENT B
Item 7.4
Mountain House Page 235 of 846
26 (c) A navigable waterway.
(d) Roads shown on antiquated subdivision plats that are not City maintained roads. (e) Public roads for which there are not legally established rights-of-way or easement.
Private Road. See “Road, Private.”
Produce. “Produce” means shell eggs and any fruit or vegetable in its raw or natural state.
Produce Stand. “Produce stand” means a food establishment that sells only produce, cut flowers or shell eggs, or both, directly to the consumer. Produce stands must be located on property which is owned, rented, or leased to a grower, producer or a member of a farm cooperative.
Project Frontage. “Project frontage” means the developed portion of the property that fronts on an existing or planned public right-of-way.
Protected Zone. “Protected zone” means an area commencing at a point five (5) feet outside the drip line of a native oak tree or heritage tree and extending inward to the trunk of the tree.
Protective Barrier. “Protective Barrier” is an exterior fence or wall a minimum of six (6) feet in height, restricting direct access to an electrified security fence. When abutting an existing or planned residential area, or a residentially developed parcel, the protective barrier shall consist of a solid material (i.e., a wooden fence, a block wall, an approved mesh material, or equivalent material). A Protective Barrier is subject to the standards of the Fencing and Screening Chapter (Chapter 6 of Division 10). In no event shall an electrified security fence be installed without a perimeter protective barrier.
Public. “Public” means that which is operated and/or maintained by governmental agency or by public utility.
Public Facilities. “Public facilities” means any facility operated by a public entity, including, but not limited to, the following:
(a) Public buildings, including schools and related facilities; (b) Sewage collection, treatment, and disposal facilities; (c) Facilities for the supply, storage, treatment, and distribution of nonagricultural water for municipal and industrial uses for meeting Title 22 of the California Administrative Code;
(d) Facilities for the collection and disposal of stormwaters for drainage and/or flood control purposes;
(e) Facilities for the generation of electricity and the distribution of gas and electricity;
(f) Transportation and transit facilities including, but not limited to, streets, roads, ports, airports, and related facilities;
(g) Parks and recreation facilities;
(h) Police stations and fire stations; or
(i) Hospitals.
Public Health Services. “Public Health Services” means the Public Health Services of San Joaquin County.
Public Land. “Public Land” means acreage required by an Applicable Public Agency to provide public services and infrastructure to or on behalf of the residents of the Mountain House Community, as specified in the Public Land Equity Program Technical Report as of November 28, 1997.
ATTACHMENT B
Item 7.4
Mountain House Page 236 of 846
27 Public Land Acreage Requirement. “Public Land Acreage Requirement” means the amount of land that a Landowner is required to provide in order to fulfill the requirements of the Public Land Equity Program, calculated by multiplying the gross acres of a subject property by the Public Land Percentage.
Public Land Deficit. “Public Land Deficit” means the additional amount of land needed to meet the Public Land Acreage Requirement for a subject parcel, calculated by subtracting the number of acres actually shown for public use on said parcel from the parcel’s Public Land Acreage Requirement.
Public Land Equity Program. “Public Land Equity Program” means the program as set forth in Chapter 3 of Division 12 of this Title.
Public Land Equity Program Technical Report. “Public Land Equity Program Technical Report” means the report which provides the methodology for calculating the Public Land Acreage Requirement on a subject property and the Public Land Percentage.
Public Land Percentage. “Public Land Percentage” means the percentage of land within the Mountain House Community that is Public Lands, calculated by dividing the total Public Lands within the Mountain House Community by the gross acres within the Mountain House Community held in private ownership, as specified in the Public Land Equity Program Technical Report, and multiplying the result by one hundred (100).
Public Land Surplus. “Public Land Surplus” means the amount of land that exceeds the Public Land Acreage Requirement for a subject property, calculated by subtracting the Public Land Acreage Requirement from the number of acres actually designated for public use by the Master Plan or Specific Plan or any applicable Special Purpose Plan.
Public Nuisance. See “Nuisance.”
Public Road. See “Road, Public.”
Public Transit. “Public Transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fare, run on fixed routes, and are available to the public.
Public Water System. “Public water system” means any potable water supply system owned, operated, and maintained by a public agency, and approved by, or under the supervision of, a public health agency of the State of California or the City. This definition is for use in interpreting the provisions of this Title and is not intended to be the same as a “public water system” as defined by Title 22 of the California Administrative Code.
Record Title Ownership. “Record title ownership” shall mean either fee title of record or, when a leasehold interest is to be divided, ownership of record of the leasehold interest.
Recreation. “Recreation” means any activity, voluntarily engaged in, which contributes to the physical, mental, or moral development of the individual or group participating therein, and includes any activity in the fields of music, drama, art, handicraft, science, literature, nature study, nature contacting, aquatic sports, and athletics, or any informal play incorporating any such activity.
Recreation, Commercial. “Commercial recreation” means any recreation area or facility that is under direct control of an individual, group, association, corporation, club, or fraternal organization and is open to the public.
Recreation Area. “Recreation area” means any land, water, or combination thereof used for purposes of recreation.
Recreational Vehicle. “Recreational vehicle” means a motorhome, travel trailer, truck camper, camping trailer, boat or boat trailer with or without motive power, designed for human
ATTACHMENT B
Item 7.4
Mountain House Page 237 of 846
28 recreational use only, that meets all of the following criteria as defined by State Health and Safety Code Section 18010:
(a) It contains less than three hundred twenty (320) square feet of internal living room area, excluding built-in equipment, including, but not limited to, wardrobes, closets, cabinets, kitchen units or fixtures, and bath or toilet rooms; (b) It contains four hundred (400) square feet or less when measured at the largest horizontal projection;
(c) It is built on a single chassis;
(d) It is designed to be either self-propelled, truck-mounted or permanently towable by a light-duty truck; and
(e) It is designed primarily as a temporary living quarters for recreational, camping, travel, or seasonal use and not for use as a permanent dwelling.
Recreational Vehicle Park. “Recreational vehicle park” means any parcel of land composed of a lot or contiguous lots used, designed, or intended as a campground to accommodate more than four (4) recreational vehicles and/or mobile homes, not including labor camps and labor supply camps.
Recycling. “Recycling” means the process by which waste products are reduced to raw materials and transformed into new and often different products. As it pertains to Chapter 7 of Division 11 of this title only, “recycling” means redirecting or utilizing a hazardous waste or substance from a hazardous waste, and includes recovery of resources from a hazardous waste.
Residence, Primary. “Primary residence” means a dwelling unit intended for occupancy by the owner or by members of the owner’s family, excluding mobile homes, second unit dwellings, guest houses, and farm labor housing.
Residential. “Residential” means places where people live and sleep. The term includes, but is not limited to, single-family dwellings, apartments, institutions, mobile homes, group quarters, hotels and motels, convalescent hospitals, and rest homes.
Residential Development. “Residential development” means a development project containing residential dwellings, including mobile homes, consisting of one (1) or more dwelling units, or a subdivision for one (1) or more residential dwelling units.
Resource Recovery. “Resource recovery” means the reclamation or salvage of wastes for reuse, conversion to energy, or recycling. Resource recovery does not include automotive wrecking yards or junkyards.
Restricted Access. See “Access, Restricted.”
Retailer License. “Retailer license” means a license issued to sell cannabis to qualified individuals that hold an authorized Annual State License with an A-License or M-License designation.
Retention Basin. “Retention basin” means a drainage pond with no outlet facilities for terminal drainage that is capable of storing the required stormwater runoff volume and is capable of emptying through percolation and evaporation over a specified time.
Review Authority. “Review Authority” means any of the following entities which are empowered to interpret, implement and enforce this Title:
(a) City Council;
(b) Planning Commission;
(c) Director of the Community Development Department; and (d) Community Development Department.
ATTACHMENT B
Item 7.4
Mountain House Page 238 of 846
29 Right-of-Way. “Right-of-way” means an easement for the use of roads, water and wastewater facilities, flood and drainage works, overhead and underground utilities, or any related improvements.
Riparian Corridor. “Riparian corridor” means a strip or generally contiguous area of riparian habitat.
Riparian Habitat. “Riparian habitat” means the banks and other terrestrial environs of fresh water bodies, watercourses, estuaries, and surface waters whose conditions provide soil moisture sufficiently in excess of that otherwise available through local precipitation to support the growth of mesic vegetation.
Road. “Road” includes streets and highways, both public and private. The terms streets, roads, roadways, and highways are used interchangeably. “Road” includes the roadbed, all slopes, shoulders, side ditches, curbs, gutters, sidewalks, and all other related facilities within the right-of-way.
Road, Private. “Private road” means a roadway within a private development where the street improvements remain in private ownership.
Road, Public. “Public road” means any road which is open for unrestricted travel by the general public. A public road may or may not be dedicated to or maintained by the City.
Road System. “Road system” means the classification of streets and highways by their diverse functions and design. The following is a hierarchy of roads in the City. (a) Rural Road. “Rural road” means a two-lane, undivided road providing access to agricultural properties. A rural road may also serve as a route connecting rural communities with each other and the urban communities.
(b) Rural Residential Road. “Rural residential road” means a two-lane, undivided road providing access to rural residential subdivision parcels. (c) Local Residential Road. “Local residential road” means a two-lane, undivided road providing direct access to all abutting residential properties. The local residential road’s primary purpose is to provide access to single-family lots. (e) Collector Road. “Collector road” means a two-lane, undivided road which funnels traffic from local residential, commercial, and industrial roads to arterial roads. (f) Minor Arterial. “Minor arterial” means a four-lane, undivided road with access limited to abutting commercial, industrial multi-family properties only. The minor arterial’s primary purpose is to carry local and through traffic within urban communities. (g) Major Arterial. “Major arterial” means a multi-lane, divided road with major access to abutting property limited to major commercial and industrial developments. The arterial’s primary purpose is to carry major through traffic within and between urban communities and provide access to expressways and freeways. (h) Expressway. “Expressway” means a roadway which provides no direct access to abutting properties. The primary purpose of an expressway is to carry through traffic with minimum interference with adjacent development.
(i) Intersections are limited to freeways, major and minor arterials, and rural roads only. Intersections are usually no closer than one-quarter mile. (j) Freeway. “Freeway” means a multi-lane, divided highway providing no access to adjoining property. Freeways are intended to accommodate high speed, high volume, long distance regional through traffic and traffic between urban areas. Freeways typically connect to the local road system at high volume interchanges with arterial roads in urban areas and with some rural roads in rural county areas.
ATTACHMENT B
Item 7.4
Mountain House Page 239 of 846
30 Roadbed. “Roadbed” means that portion of the road between curb-faces or between the outside line of improved shoulders.
Sanitary Landfill. “Sanitary landfill” means a disposal site employing an engineered method of disposal of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume practical, and applying cover material over all exposed wastes at the end of each operating day.
Screening. “Screening” means a method of visually shielding or obscuring one (1) abutting or nearby structure from another by fencing, walls, berms, or densely planted vegetation.
Seal, Sanitary. “Sanitary seal” means a grout, mastic, or mechanical device used to make a watertight joint between the pump and casing or the concrete base.
Sediment. “Sediment” means any material transported or deposited by water, including soil debris or other foreign matter.
Senior Citizen. “Senior citizen” means a person at least sixty-two (62) years of age, or a person at least fifty-five (55) years of age who meets the qualifications found in Section 51.3 of the California Civil Code.
Septic System. “Septic system” means an on-site wastewater disposal system which utilizes a septic tank for wastewater processing and a subsurface drainage system for the disposal of treated effluent.
Septic Tank. “Septic tank” means a watertight receptacle which receives the discharge of a building drainage system or part thereof, designed and constructed to retain solids, digest organic matter through a period of detention, and allow the liquids to discharge into the soil outside the tank through a sub-surface drainage system meeting the requirements of Division II.
Setback Line. “Setback line” means that line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
Sewage. See “Wastewater.”
Short-Term Rental. “Short-term rental” means any residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 days or less.
Sign. “Sign” means any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising, directing attention, or identifying any establishment, product, goods, services, or entertainment.
Sign Area. “Sign area” means the entire area within a single, continuous, rectangular perimeter enclosing the extreme limits of writing, representation, emblem, or figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from its surroundings. This excludes the necessary supports or uprights on which such a sign is located.
Sign, Awning. “Awning sign” means a sign painted, printed, stenciled, sewn, or stained into the surface of an approved awning or canopy.
Sign, Freestanding. “Freestanding sign” means a sign in a fixed location which is selfsupporting on the ground, and is in no part supported by a permanent structure (includes pole signs and monument signs).
Sign, Height of. “Height of sign” means the vertical distance measured from the highest point of the sign to the grade immediately beneath the sign.
ATTACHMENT B
Item 7.4
Mountain House Page 240 of 846
31 Sign, Illegal. “Illegal sign” means a sign that was installed contrary to the laws and ordinances in effect at the time of its installation; or that has been abandoned; or that is unsafe and poses a danger to the public or is a traffic hazard.
Sign, Monument. “Monument sign” means a sign anchored to and continuously attached at grade.
Sign, Nonconforming. “Nonconforming sign” means a sign which was validly installed under the ordinances and law in effect prior to the effective date of this Ordinance but which is in conflict with the provisions of Division 17.
Sign, Off-premises. “Off-premises sign” means a sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
Sign, On-premises. “On-premises sign” means a sign which directs attention to a business, community, service, or entertainment conducted, sold, or offered on the premises, or on property which is contiguous to the parcel which contains the business activity.
Sign, Pole. “Pole sign” means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is at least five (5) feet above grade.
Sign, Political. “Political sign” means a sign used in connection with local, state, or national elections, campaigns, or referendums.
Sign, Portable. “Portable sign” means a sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
Sign, Projecting. “Projecting sign” means a sign which is attached to and projects from a building wall.
Sign, Real Estate. “Real estate sign” means a sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
Sign, Traffic. “Traffic sign” means a sign pertaining to official traffic control and safety.
Sign, Wall. “Wall sign” means a sign painted on, or attached parallel to, a building wall.
Sign Structure. “Sign structure” means a structure specifically intended for supporting, bracing, or containing a sign.
Single Tone Noise. “Single tone noise” means noise which is distinctly audible as a single pitch (frequency) or set of pitches as determined by a qualified acoustical consultant, or as defined by the “Model Community Noise Control Ordinance, California Department of Health, 1977.”
Slope. “Slope” means an inclined ground surface, the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.
Slope Stability. “Slope stability” means the maximum stable inclination of an unsupported slope under the most adverse conditions that it will likely experience, as determined by current engineering technology.
Slope Stability Standards. “Slope stability standards” means those standards that are necessary in order to ensure that a slope achieves slope stability.
Small Animal Farm. “Small animal farm” means a farm for the keeping or raising of over thirty-five (35) rabbits or other fur bearing animals of similar size at maturity.
Snipe. “Snipe” means the triangular area formed at the intersection of two streets whose sides are equal distance from the intersection of the street lines.
Social Care Facility. “Social care facility” means a facility authorized, certified, or licensed by the State of California to provide nonmedical residential care and supervision to
ATTACHMENT B
Item 7.4
Mountain House Page 241 of 846
32 mentally disordered or otherwise handicapped persons, to dependent and neglected children, or to aged individuals (includes both group care facilities and child care centers).
Soil. “Soil” means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.
Special Flood Hazard Area. See “Area of Special Flood Hazard.” Special Indoor Event. “Special indoor event” means any temporary event or activity generally attracting large numbers of people, that is conducted within a structure, is subject to compliance with specific Uniform Building and Fire Code requirements, and is not already defined within a specified zone as an allowable “temporary” use activity. Included in this definition are Halloween haunted houses and home craft fairs. A maximum of either four (4) special indoor events or four (4) special outdoor events or four (4) of any combination of special indoor events and special outdoor events shall be permitted within a calendar year. Each special indoor event may not exceed a length of three (3) consecutive days.
Special Outdoor Event. “Special outdoor event” means any temporary event or activity generally attracting large numbers of people, requiring the importation of temporary facilities such as portable bleachers, food stands, and portable toilet facilities, conducted out-of-doors and not already defined within a specified zone as an allowable “temporary” activity. Excluded from this definition are parades, carnivals, and circuses. A maximum of either four (4) special indoor events or four (4) special outdoor events or four (4) of any combination of special indoor events and special outdoor events shall be permitted within a calendar year. In the R-L (Low Density Residential) and R-M (Medium Density Residential) zones, an additional four (4) special outdoor events shall be permitted within a calendar year. Each special outdoor event may not exceed a length of three (3) consecutive days.
Specific Plan. “Specific Plan” means, for the purposes of the Mountain House Development Title, a plan which is prepared pursuant to Government Code Section 65450 for the systematic implementation of the Mountain House Master Specific Plan and which provides detailed information and instruction regarding the types, locations and densities of land uses; development phasing; zoning regulations; public infrastructure and services; development; and design guidelines. “Specific Plan” shall include Mountain House Specific Plan I and other Specific Plans.
Specific Plan Reimbursement Program. “Specific Plan Reimbursement Program” means the program as provided for in the Mountain House Public Financing Plan that has been developed to reimburse the Master Developer and other Developers for the costs which they have incurred or will incur in the preparation and adoption of the Mountain House Master Specific Plan and subsequent Specific Plans, and the Supporting Documents.
Stable, Boarding. “Boarding stable” means a structure for the feeding, housing, and exercising of horses not owned by the owner of the premises.
Start of Construction. “Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slabs or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or
ATTACHMENT B
Item 7.4
Mountain House Page 242 of 846
33 foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
State. “State” means the State of California.
Statement of Expense. “Statement of Expense” is an itemized statement explaining all enforcement costs incurred by the Enforcement Official and any other City Department in abating any violation of this Title that the Enforcement Official seeks to recover.
Stationary Noise Source. “Stationary noise source” means any fixed or mobile noise source not preempted from local control by existing Federal or State regulations, including, but not necessarily limited to, industrial and commercial facilities, and vehicle movements on private property.
Stock Cooperative. “Stock cooperative” means a development in which a corporation is formed or availed of, primarily for the purpose of holding title to, either in fee simple or for a term of years, improved real property, and all or substantially all of the shareholders of the corporation receive a right of exclusive occupancy in a portion of the real property, title to which is held by the corporation.
Stormwater Runoff. “Stormwater runoff” means water that results from precipitation which is not absorbed by the soil, evaporated into the atmosphere, or entrapped by ground surface depressions and vegetation, and which flows over the ground surface.
Story. “Story” means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is defined as that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. “Story” also means that portion of a building between the upper surface of a floor and the upper surface of the floor next above, where the finished floor level directly above is more than six (6) feet above grade for more than fifty percent (50%) of the total perimeter or more than twelve (12) feet above grade at any point.
Street. See “Road.”
Structural Alteration. “Structural alteration” means any change in supporting members of a building or structure, such as bearing walls, columns, beams, or girders.
Structure. “Structure” means any object constructed or installed by man having location upon, in, or under the ground, including, but not limited to, buildings, manufactured homes, fences over six (6) feet in height, towers, gas or liquid storage tanks, signs, smokestacks, and overhead transmission lines. For the purposes of Chapter 17 of Division 8 (Flood Variance Procedures) and Chapter 2 of Division 16 (Flood Hazards), “Structure” means a walled and roofed building, including gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
Stub Street. “Stub street” means a street open at one (1) end only, without permanent provisions for turning around.
Subdivider. “Subdivider” means a person who proposes to divide, divides, or causes to be divided real property into a subdivision for himself, herself, or for others. A consultant, engineer, or surveyor who does not hold title to the land is not considered a subdivider.
Subdivision. “Subdivision” means the division by any subdivider of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing,
ATTACHMENT B
Item 7.4
Mountain House Page 243 of 846
34 whether immediate or future. Property shall be considered as contiguous units even if separated by roads, streets, utility easements, or railroad rights-of-way. “Subdivision” includes a condominium project as defined in Section 1350 of the Civil Code, a community apartment project as defined in Section 11004 of the Business and Professions Code, or the conversion of five (5) or more existing dwelling units to a stock cooperative as defined in Section 11003.2 of the Business and Professions Code. A conveyance of land for rights-of-way to a governmental agency, public entity, public utility, or subsidiary of a public utility shall not be considered a division of land for purposes of computing the number of parcels. “Subdivision” does not include:
(a) The leasing of agricultural land used for the cultivation of food or fiber or the grazing or pasturing of livestock;
(b) The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or recreational vehicle parks;
(c) Mineral, oil, or gas leases;
(d) Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;
(e) A lot line adjustment;
(f) The financing or leasing of existing separate commercial or industrial buildings on a single parcel;
(g) The financing or leasing of any parcel of land, or any portion, for the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other ordinances regulating design and improvements; (h) The construction, financing, or leasing of units classified as second unit dwelling; (i) Any separate assessment under Section 2188.7 of the California Revenue and Taxation Code for community apartment or cooperative housing projects; (j) The conversion of a community apartment project to a condominium if the requirements of Sections 66412(g) and (h) of the California Government Code are met; or (k) Leasing of, or grant of easement to, a parcel of land, or any portion or portions of land, for financing, erection, and sale or lease of a wind-powered electrical generation device.
Subsequent Plans and Programs. “Subsequent plans and programs” means the plans and programs required by the Mountain House Master Plan for development to proceed, as set forth in the Master Plan Development Agreement between the City and Trimark Communities, or plans and programs as set forth in the Development Agreement between the City and Gerry N.
Kamilos, LLC.
Substantial Damage. “Substantial damage” means a damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.
Substantial Improvement. “Substantial improvement” means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. (a) “Substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure; and
ATTACHMENT B
Item 7.4
Mountain House Page 244 of 846
35 (b) “Substantial improvement” does not include improvement of a structure solely to comply with existing state or local health, sanitary, or safety code specifications, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Subsurface Boring. “Subsurface boring” means any subsurface soil boring that is drilled or driven for testing or logging strata or to obtain data from the underground.
Sundries. “Sundries” mean a limited number of frequently or recurrently needed items or services for the traveling public. Examples include, but are not limited to, maps, sunglasses, ice, canned drinks, sunscreen, first-aid items, hats and souvenirs.
Supporting Documents. “Supporting Documents” means those plans and programs prepared to provide the background and technical bases for the Mountain House Master Specific Plan and subsequent Specific Plans, or developed to implement the Mountain House Master Specific Plan and subsequent Specific Plans.
Supporting Equipment. “Supporting equipment” means, when used in association with the terms wireless telecommunication antennas or wireless communication facilities, any electronic switching equipment, cabinet, or other equipment used for a wireless telecommunication and the ancillary building or buildings used to house said equipment.
Supportive Housing. “Supportive housing” means housing with no limit on length of stay, that is occupied by the target population, and that is linked to an on-site or off-site service that assists the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.
Consistent with Government Code Section 65583, supportive housing shall be permitted in all zones allowing residential uses, subject to the same permit requirements of other residential uses of the same type in the same zones.
Surface Water. “Surface water” includes, but is not limited to, rivers, creeks, sloughs, irrigation ditches, irrigation conduits, drainage ditches, and natural or unnatural impoundments.
Swine. “Swine” means a pig or a hog eight (8) weeks of age or older.
Tandem Parking. “Tandem Parking” means that two (2) or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one (1) another.
Target Population. “Target population” means persons with low-incomes who have one (1) or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may include, among other populations, adults, emancipated minors, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, and homeless people.
Tentative Map. “Tentative map” means a map submitted for approval as a Major Subdivision or Minor Subdivision.
Terminal Drainage or Terminal Drain. “Terminal drainage” or “terminal drain” means a storm drainage system or a portion thereof which conveys storm runoff into a terminal waterway.
Terminal Waterway. “Terminal waterway” means a natural or man-made channel which has the capacity to contain a fifty (50) year return frequency storm and which by gravity carries stormwater ultimately to the ocean.
Testing Laboratory License. “Testing laboratory license” means a license issued to a laboratory, facility, or entity in the state that offers or performs tests of cannabis or cannabis products that holds an authorized Annual State License.
ATTACHMENT B
Item 7.4
Mountain House Page 245 of 846
36 Towing Service. “Towing service” means a commercial service in which a truck is used to tow or transport another vehicle.
Transit. “Transit” means public transportation.
Transportation Noise Source. “Transportation noise source” means traffic on public roadways, railroad line operations and aircraft in flight.
Tree. “Tree” means any object of natural growth having a woody stem or trunk.
Truck. “Truck” means a motor vehicle designed or used for either: (1) the transportation of property; or (2) drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load so drawn.
Truck Parking. “Truck parking” means the parking, storing, or keeping of trucks, semitrucks, truck trailers, or trailers.
Excluded are the transferring, storing, assembling, or sorting of cargo.
Truck Terminal. “Truck terminal” means an area and buildings used by motor freight vehicles or trucks of common carriers for purposes of transferring, storing, assembling, and sorting cargo or for purposes of storing and maintaining the trucks used for such purposes on a regular basis.
Truck Trailer. “Truck trailer” means either: (1) a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and constructed so that some part of its weight and that of its load rests upon, or is carried by, another vehicle; or (2) a vehicle designed to carry persons or property on its own structure and to be drawn by a motor vehicle which is constructed so that no part of its weight rest upon any other vehicle.
Use. “Use” means the purpose for which land or a building is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained.
Use, Accessory. “Accessory use” means a subordinate use customarily incidental to and located upon the same lot occupied by a main use.
Utility. “Utility” means electric, communication, natural gas, and cable television facilities including, but not limited to, poles, wires, transformers, conduits, conductors, guys, pipes, meters, vaults, and all necessary appurtenances. Utility may also mean the company owning these facilities.
Vapor Probe. “Vapor probe” means a device used to test or extract from the subsurface.
Variance. “Variance” means a permit granted to an applicant pursuant to Chapter 12 of Division 8 of this Title, to allow the applicant’s project to depart from the literal requirements of this Title.
Vehicle. “Vehicle” means a device by which any person or property may be propelled, moved, or drawn, not including a device drawn by human power or used exclusively upon stationary rails or tracks.
Vesting Tentative Map. “Vesting tentative map” means any tentative map that, when filed with the City, has conspicuously printed on its face the words “Vesting Tentative Map.” Vineyard. “Vineyard” means land that contains grapevines and is assessed as a commercial vineyard for tax purposes. The wine grape crop is capable of being harvested and then sold for processing.
Violation. “Violation” means, for floodplain management purposes, the failure of a structure or other development to be fully compliant with the community’s flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this Title is presumed to be in violation until such time as that documentation is provided.
ATTACHMENT B
Item 7.4
Mountain House Page 246 of 846
37 Waste. “Waste” means waste as defined in Section 13050 of the California Water Code.
Waste includes sewage and all other waste substances, liquid, solid, gaseous, or radioactive, associated with human habitation, or of human or animal origin, or from any producing, manufacturing, or processing operation of whatever nature, including such waste placed within containers of whatever nature prior to and for purposes of disposal.
Wastewater Disposal System. “Wastewater disposal system” means any and all portions of a facility which is used or intended to be used for the collection, transport, treatment, and disposal of wastewater.
Wastewater Treatment Plant. “Wastewater treatment plant” means those lands, structures, and equipment necessary for the processing and disposal of wastewater. It does not include a septic tank.
Water Main. “Water main” means the water supply pipe conveying potable water for public use.
Water Quality. “Water quality” means the chemical, physical, radiological, and biological characteristics of water with respect to its suitability for a particular purpose. The same water may be of good quality for one purpose or use, and bad or poor for another, depending upon its characteristics and the requirements for the particular use.
Water Source. “Water source” means either groundwater or surface water used to supply water.
Water System. “Water system” means all wells, pumps, tanks, filters, water treatment equipment, valves, water mains, water service lines, fire hydrants, fire hydrant piping, and all appurtenances to the system.
Watercourse. “Watercourse” means any natural or manmade channel flowing continuously or intermittently in a definite direction and course or used for the holding, delay, or storage of waters, and which functions at any time to convey or store stormwater runoff.
Watercourse, Major. “Major watercourse” means a watercourse which provides terminal drainage according to the Flood Control Engineer.
Waterway. See “Watercourse.”
Well. “Well” means a deep hole or shaft, dug or drilled.
Well, Cathodic Protection. See definition of “Cathodic protection well” above.
Well, Water. “Water well” means any artificial excavation constructed by any method for the purpose of extracting or recharging ground water or testing or logging of stratum to obtain data from the underground, not including the following:
(a) Wells, or geothermal wells constructed under jurisdiction of the Department of Conservation, State of California, except those wells converted to use as water wells; (b) Wells used for the purpose of: (1) dewatering excavation during construction, or (2) stabilizing hillsides or earth embankments.
Well Contractor. “Well contractor” means any person or company licensed by the State Contractors License Law, as provided in Division 3, Chapter 9, of the Business and Professional Code.
Well Pit. “Well pit” means an excavation in which the well head or top of well casing is installed below the ground surface.
Windmill. “Windmill” means a wind driven machine which converts the kinetic energy in the wind into mechanical energy for the purpose of on-site use.
Wireless Telecommunication Facility. “Wireless telecommunication facility” means any unstaffed facility which is commercially licensed by the Federal Communications Commission
ATTACHMENT B
Item 7.4
Mountain House Page 247 of 846
38 and/or the Public Utilities Commission for the transmission and/or reception of microwave/radio signals. Included in this definition are facilities such as commercial radio-telephone towers, personal communication service towers, and commercial satellite and receiving dishes. Excluded from this definition are radio and television broadcasting towers.
Writing. “Writing” means any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Title, it shall be made in writing in the English language.
Yard. “Yard,” except as otherwise provided in this Title, means an open space, other than a court, on a lot also occupied by a building. A yard is unoccupied and unobstructed from the ground upward and does not include any portion of any road, alley, or road right-of-way.
Yard, Front. “Front yard” means a yard extending across the front of the lot between the side lot lines, measured from the front lot line to a depth required by the zone in which the lot is situated.
Yard, Rear. “Rear yard” means a yard extending along the back of the lot between the side lot lines, measured from the rear lot line to a depth required by the zone in which the lot is situated.
Yard, Side. “Side yard” means a yard extending from the front yard to the rear yard, measured from the side lot line to a width required by the zone in which the lot is situated.
Yard, Street Side. “Street side yard” means a yard along a side street extending from the front yard to the rear yard, measured from the side lot line to a width required by the zone in which the lot is situated.
Zone. “Zone” means a portion of the City which is specifically designated in Divisions 3 through 7 of this Title, or on any map which is part of Divisions 3 through 7 of this Title, and given a zone name or number.
Zoning District. See “Zone.”
CHAPTER 4. USE CLASSIFICATION SYSTEM
9-1-401 Intent.
The intent of this Chapter is to classify uses according to a limited number of use types on the basis of common functional, product, or compatibility characteristics, thereby providing a basis for regulation of uses in accordance with criteria which are directly relevant to the public health, safety, and general welfare. These classifications shall apply throughout this Title. 9-1-402 Classification Rules.
All uses shall be classified according to the use types described in this Chapter beginning with Section 9-1-4-100. The classifications shall comply with the provisions of this Section. (a) Types of Uses Regulated. Only principal uses are included within the Use Classification System. Accessory uses and temporary uses are regulated by the use regulations for each zone district.
(b) Typical Uses Within Use Types. The description of the use types in this chapter often contain typical uses classified within that use type. These typical uses are examples and are not meant to include all uses that may properly be classified within the use type. (c) Classifying New Uses. New uses shall be classified into use types based upon the description of the use types and upon characteristics similar to other uses already classified within the use type, subject to the applicable provisions of Subsection (d) of this Section.
ATTACHMENT B
Item 7.4
Mountain House Page 248 of 846
39 (d) Classifying Several Uses on the Same Parcel. The principal uses conducted on a single parcel shall be classified separately.
(e) Capitalization of Use Types. The names of use types are capitalized throughout this Title.
9-1-403 Authority and Responsibility.
The Director shall have the following authority and responsibilities with respect to the Use Classification System:
(a) Classifying Uses. The Director shall have the authority to classify uses according to use types or to determine that a use does not fit under any use type and, therefore, is not permitted.
(b) List of Uses. The Director shall develop and maintain an administrative list of common uses and the use types into which they are classified. 9-1-404 Procedure.
The classification of a use is an administrative decision without notice and hearing, except that an applicant can appeal the Director’s decision pursuant to Section 9-2-412.
ARTICLE I. RESIDENTIAL USE TYPES
9-1-4-100 General Description of Residential Use Types.
Residential use types include the occupancy of living accommodations, but exclude those providing forced residence, such as asylums and prisons, and the Lodging Services use type. 9-1-4-105 Family Residential.
The Family Residential use type refers to the occupancy of living quarters by one (1) or more families. The following are the categories of the Family Residential use type:
(a) Single-Family. The use of a parcel for only one (1) dwelling unit, not including a mobile home.
(b) Two-Family. The use of a parcel for two (2) dwelling units in a single structure. (c) Small Multifamily. The use of a parcel for three (3) to nine (9) dwelling units within one (1) or more buildings.
(d) Large Multifamily. The use of a parcel for ten (10) or more dwelling units within one (1) or more buildings.
9-1-4-110 Farm Employee Housing.
The following are the categories of the Farm Employee Housing use type:
(a) Small Farm Employee Housing. Farm employee housing consisting of no more than thirty-six (36) beds in a group quarters used exclusively for farm employees, or twelve (12) units or spaces designed for use by a single family or household. (b) Large Farm Employee Housing. Farm employee housing consisting of thirtyseven (37) or more beds in a group quarters used exclusively for farm employees, or thirteen (13) or more units or spaces designed for use by a single family or household.
ATTACHMENT B
Item 7.4
Mountain House Page 249 of 846
40 9-1-4-115 Group Care.
The Group Care use type refers to facilities authorized, certified, or licensed by the State of California to provide nonmedical care and supervision to adults or to dependent and neglected children. Excluded are uses classified under the Child Care Services use type. Typical uses include halfway houses, nursing homes, homes for the developmentally disabled or mentally disabled, homes for substance abusers, and adult day care facilities. The following are the categories of the Group Care use type:
(a) Small. Group care facility for six (6) or fewer people. (b) Large. Group care facility providing twenty-four (24) hour a day care for seven (7) or more people.
(c) Adult Day Care. Group care facility providing less than twenty-four (24) hour a day care for seven (7) or less people.
9-1-4-120 Group Residential.
The Group Residential use type refers to the occupancy of a dwelling unit with a common kitchen facility by a group of unrelated persons on a weekly or longer basis. Typical uses include boarding houses, sorority houses, and retirement homes. 9-1-4-125 Mobile Home Park.
The Mobile Home Park use type refers to a site accommodating two (2) or more mobile homes which are not used to provide employee housing.
9-1-4-135 Emergency Shelters.
The Emergency Shelters use type refers to housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. (a) Small. Shelters for up to two (2) families or not more than five (5) adults. (b) Large. Shelters for not more than forty (40) beds.
9-1-4-140 Single-Room Occupancy.
The Single-Room Occupancy (SRO) use type refers to any building containing five (5) or more guest rooms or units intended or designed to be used or occupied for sleeping purposes by residents, which is also the primary residence of those residents. The individual units may or may not lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, an SRO facility does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, or hospitals.
9-1-4-150 Veterans Supportive Housing.
The Veterans Supportive Housing use type refers to long-term, supportive and affordable housing for veterans and their families to assist in regaining or maintaining independence. This use type has specific locational criteria and development requirements in the Public Facilities (PF) zone.
ATTACHMENT B
Item 7.4
Mountain House Page 250 of 846
41 ARTICLE II. NON-RESIDENTIAL USE TYPES
9-1-4-300 General Description of Non-Residential Use Types.
Non-Residential use types include commercial, agricultural, industrial, civic, and extractive uses.
9-1-4-305 Administrative Offices.
The Administrative Offices use type refers to offices of private sector firms or organizations which are used for the provision of executive, management, or administrative services and which do not serve walk-in customers or clients. Typical uses include corporation headquarters and administrative offices.
9-1-4-310 Administrative Support Services.
The Administrative Support Services use type refers to the sale, rental, or servicing of office-related equipment or the provisions of support services to businesses or other organizations, rather than to individuals. Typical uses include office supply stores, secretarial services, duplicating services, and data processing services. 9-1-4-315 Adult Entertainment.
Adult Entertainment means any of the following:
(a) Any business where, as a substantial or significant course of conduct, explicit sexual materials are shown, displayed or exhibited on the premises to members of the public by means of any mechanical, lighting or electrical device whatsoever; (b) Any business where, as a substantial or significant course of conduct, members of the public are entertained on the premises by or in the presence of one (1) or more entertainers or any other person:
(1) That engages in simulated explicit sexual conduct, or (2) If, with respect to any such entertainer or person the following actual or simulated conditions exist:
(A) The genitals or pubic region or any part thereof are visible; (B) All or any part of the cleavage of the buttocks is visible; (C) The female breast is visible below a point immediately above the top of the areola; or
(D) The male genitals are in a discernibly turgid state even if completely and opaquely covered.
(c) Any business that, as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows, or displays explicit sexual material in the form of a book, magazine, newspaper, pamphlet, film, video or any other form or medium or sexually oriented devices intended for use in relation to explicit sexual conduct.
A particular business at a particular location that receives in excess of twenty-five percent (25%) of its gross revenue directly or indirectly from, or devotes in excess of twenty-five percent (25%) of the stock on hand or the square footage of the business that is open to the public to the activities defined above, is presumed to be engaging in “a substantial or significant course of conduct” with respect to such activities.
Explicit Sexual Conduct means simulated, by person or inanimate object, sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sexually oriented
ATTACHMENT B
Item 7.4
Mountain House Page 251 of 846
42 sadism or masochism, or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, whether any of the above conduct is presented as being performed alone or between members of the same of opposite sex or between humans or animals, or any other act of sexual arousal involving physical contact with female breast or a person’s genitals, pubic region, pubic hair, perineum, anus or anal region. 9-1-4-320 Aerial Services.
The Aerial Services use type refers to aerial services provided to agricultural operations and to businesses. The following are the categories of the Aerial Services use type:
(a) Farm. Establishments primarily providing aerial services to farms from airstrips or heliports and which are owned and operated for that purpose. Typical uses include aerial spraying and crop dusting services.
(b) Heliport. Establishments primarily providing aerial services to businesses other than farms from heliports owned and operated by said establishments. Typical uses include aerial photography and aerial geographical exploration services. 9-1-4-325 Agricultural Organizations.
The Agricultural Organizations use type refers to organizations operating on a membership basis to promote the interests of their members with respect to agricultural concerns.
Typical uses include farm bureaus, farm granges, and growers’ associations not engaged in contract buying or selling.
9-1-4-330 Agricultural Processing.
The Agricultural Processing use type refers to the processing of foods and beverages from agricultural commodities. The following are the categories of the Agricultural Processing use types:
(a) Preparation Services. Establishments primarily engaged in performing limited processing on crops, subsequent to their harvest, with the intent of preparing them for market or further processing. Typical uses include nut hulling and shelling, bean cleaning, corn shelling and sorting, and grading and packing of fruits and vegetables. (b) Food Manufacturing. Establishments engaged in manufacturing or processing foods and beverages for consumption. Typical uses include canning of fruits and vegetables, slaughter houses, creameries, and manufacture of prepared meat products. 9-1-4-335 Agricultural Sales.
The Agricultural Sales use type refers to the sale of agricultural supplies such as feed, grain, and fertilizers, but excludes uses classified under the Produce Sales and Nursery Sales use types. The following are the categories of the Agricultural Sales use type:
(a) Feed and Grain Sales. The sale of feed and grain and the accessory sale of garden fertilizers and other chemicals sold in small quantities which are classified for home garden use. Typical uses include feed and grain stores. (b) Agricultural Chemical Sales. The sale and on-site storage of agricultural chemicals and pesticides for farm production purposes. Typical uses include establishments engaged in the sale of fertilizers and pesticides.
ATTACHMENT B
Item 7.4
Mountain House Page 252 of 846
43 9-1-4-340 Agricultural Warehousing.
The Agricultural Warehousing use type refers to the storage of raw farm products on a fee or contract basis, including refrigerated storage. Typical uses include storage of grains, beans, meats, and cheese.
9-1-4-345 Agricultural Wastes.
The Agricultural Wastes use type refers to the storage, stockpiling, sacking, and sale of waste products and by-products from plant crops and animals, and organic materials, including composting operations, but excludes tallow rendering and similar uses requiring additional processing. Typical uses include establishments selling chicken manure, cattle manure, compost from urban yard refuse, or removed grapevines.
9-1-4-350 Animal Feeding and Sales.
The Animal Feeding and Sales use type refers to temporary holding of livestock on a fee or contract basis in preparation for slaughter, market, shipping, or sales. Typical uses include livestock auction yards, stockyards, animal sales yards, and feedlots for cattle, hogs, or sheep. 9-1-4-355 Animal Raising.
The Animal Raising use type refers to the raising of animals, but excludes small animals commonly raised as pets. The following are the categories of the Animal Raising use type:
(a) Exotic Animals. Raising animals generally considered as wild or not normally domesticated. Typical uses include chinchilla farms, fox farms, and game farms. (b) General. Raising animals for personal use, for animal products, or for commercial purposes, but excluding uses classified under other Animal Raising use types. Typical uses include farms or ranches raising cattle, horses, sheep and goats. (c) Hogs. Raising hogs for breeding purposes or meat production in numbers large enough to constitute a hog farm.
(d) Small Animals. Raising small animals or poultry, in numbers large enough to constitute a small animal farm or poultry farm, or raising aquatic animals, for breeding purposes or for meat, fish, or egg production. Typical uses include chicken farms, turkey farms, duck farms, pigeon farms, fish and frog farms, fish hatcheries, and rabbit farms. (e) Family Food Production. Raising animals for family food production. (f) Educational Animal Project. Raising animals for an educational animal project. (g) Zoo. Raising and maintaining a variety of animals, both wild and domestic, for purposes of exhibiting such animals to the public. Typical uses include zoos. (h) Petting Zoo. Raising and maintaining a variety of domesticated animals for purposes of both exhibition to the public and direct contact by the public. Typical uses include petting zoos.
9-1-4-360 Animal Specialty Services.
The Animal Specialty Services use type refers to establishments which provide spraying, cleaning, breeding, shearing, and veterinarian services to animals on a fee or contract basis. The following are the categories of the Animal Specialty Services use type:
(a) Farm. Establishments which primarily provide service to large animals raised for commercial purposes such as cattle and sheep, or for personal enjoyment such as horses. Typical
ATTACHMENT B
Item 7.4
Mountain House Page 253 of 846
44 uses include cattle spraying operations, sheep dipping and sheering services, and veterinary offices for livestock, with or without incidental veterinary services for pets. (b) Pet. Establishments which provide cleaning, veterinarian, and training services to dogs, cats, and similar small animals. Typical uses include pet grooming shops, pet clinics, dog and cat hospitals, and dog obedience training centers.
(c) Kennels. Establishments which provide boarding and breeding services to dogs and cats and similar small animals. Typical uses include dog kennels and pet motels. (d) Kennels, Small Breeding. Establishments which raise and breed less than ten (10) dogs and cats for purposes of selling or exhibiting. Typical uses include small breeding kennels. 9-1-4-365 Auction Sales.
The Auction Sales use type refers to the sale of merchandise by auction, but excludes the sale of food products and animals.
The following are the categories of the Auction Sales use type:
(a) Indoor. The indoor sale of merchandise by auction. Typical uses include antique and art auction houses.
(b) Outdoor. The outdoor sale of merchandise by auction. 9-1-4-370 Automotive Sales and Services.
The Automotive Sales and Services use type refers to establishments or places of business primarily engaged in automotive-related sales or services. The following are the categories of the Automotive Sales and Services use type:
(a) Automotive Rentals. Rental of automobiles and light trucks. Typical uses include car rental agencies.
(b) Automotive Repairs, Light. Repair services for automobiles and light trucks conducted within an enclosed building, and the sale, installation, and servicing of automobile equipment and parts. Typical uses include muffler shops, automobile repair garages, and automobile glass shops. Excluded are uses included under the Automobile Repairs, Heavy, category.
(c) Automotive Repairs, Heavy. Automotive body repair services, including painting of automobiles and light trucks. Typical uses include automotive body shops, collision shops, and paint shops.
(d) Automotive Sales. Sale, retail or wholesale, of automobiles, light trucks, and motorcycles, together with incidental automotive repairs and maintenance. Typical uses include automobile dealers.
(e) Cleaning. Washing and polishing of automobiles. Typical uses include car washes and auto detailers.
(f) Inoperable Vehicle Storage. Parking or storage of inoperable vehicles. Typical uses include vehicle storage yards and tow storage yards. Excluded are automotive dismantling operations and uses classified under the Truck Services use type. (g) Operable Vehicle Storage. Storage of operable vehicles, recreational vehicles and boat trailers, but excluding commercial parking lots. Typical uses include fleet storage lots and recreational vehicle storage lots.
(h) Parking. Parking of operable motor vehicles on a temporary basis within an offstreet parking area with, or without, a fee. Typical uses include parking lots and garages.
ATTACHMENT B
Item 7.4
Mountain House Page 254 of 846
45 9-1-4-375 Building Maintenance Services.
The Building Maintenance Services use type refers to the provision of maintenance and custodial services. Typical uses include janitorial services and window cleaning services. 9-1-4-380 Child Care Services.
The Child Care Services use type refers to the care of children in a day-care facility, but excludes uses requiring overnight care. The following are categories of the Child Care Services use type:
(a) Family Day Care Homes. Child day-care services in a residence which provide care for fourteen (14) or fewer children, including children who reside at the residence. Typical uses include small family day care home and large family day care homes. (b) Child Care Centers. Child day-care services for fifteen (15) or more children.
Typical uses include child care centers, preschools, and day nurseries. 9-1-4-382 Commercial Cannabis.
Commercial Cannabis. The Commercial Cannabis use type includes any commercial cannabis activity for which a commercial cannabis license is required. The following are the categories of the Commercial Cannabis use type:
(a) Cannabis Cultivation. The Cannabis Cultivation use type refers to any activity allowed pursuant to a Cultivator License.
(b) Cannabis Distribution. The Cannabis Distribution use type refers to any activity allowed pursuant to a Distributor License.
(c) Cannabis Manufacturing. The Cannabis Manufacturing use type refers to any activity allowed pursuant to a Manufacturer License.
(d) Cannabis Non-Storefront (Delivery) Retail Sales. The Cannabis Non-Storefront (Delivery)Retail Sales use type refers to any activity allowed pursuant to a Retailer License. (e) Cannabis Laboratory Testing. The Cannabis Laboratory Testing use type refers to any activity allowed pursuant to a Testing Laboratory License.
The Commercial Cannabis use type and its categories are included in the use tables with the indication that the uses are not permitted, and, for avoidance of doubt, it is hereby stated that the Commercial Cannabis use type and its categories are not permitted anywhere in the City, even with a state license.
9-1-4-385 Communication Services.
The Communication Services use type refers to commercial establishments or facilities which primarily provide electronic communication of audio/visual information and/or entertainment via cable, microwave or radio frequency transmission. The following are the categories of the Communication Services use type:
(a) Type I. Communication Services which require the mounting of a wireless telecommunication facility on an existing building or structure. Typical uses include wireless telecommunication facilities for cellular radio mobile services, paging services, and personal communication services.
(b) Type II. Communication Services which require the construction of a new freestanding support structure for wireless telecommunication antennas and associated supporting equipment. Typical uses include wireless telecommunication monopoles and lattice towers for cellular radio mobile services.
ATTACHMENT B
Item 7.4
Mountain House Page 255 of 846
46 (c) Type III. Communication Services which require the construction of a new freestanding support structure for the purposes of radio or television broadcasting. Typical uses include radio and television broadcast towers.
(d) Type IV. Communication Services which require the regular day-to-day presence of personnel at a site to provide the service being offered. Typical uses include radio and television broadcasting studios, cable TV administrative offices, and telegraph message centers. 9-1-4-390 Community Assembly.
The Community Assembly use type refers to recreational, social, or multi-purpose uses within buildings. Typical uses include community centers, private clubs, and lodges. Excluded are uses included under the Recreation: Indoor Spectator sub-use type. 9-1-4-395 Construction Sales.
The Construction Sales use type refers to the rental or sale of paint, fixtures, hardware, and other materials used in the construction of buildings, but excludes those establishments which rent out heavy equipment and are classified under the Equipment Sales use type. Typical uses include building materials stores and lumber yards. 9-1-4-400 Construction Services.
The Construction Services use type refers to the operation of a construction business, and the storage of equipment and material for said business other than at the construction site. The following are the categories of the Construction Services use type:
(a) Light. Construction services provided by general contractors and specialized trade contractors engaged in building construction. Typical uses include general contracting services for residential dwellings; plumbing, heating, electrical, and air conditioning contractors. (b) Heavy. Construction services provided by general and special trade contractors engaged in heavy construction other than buildings. Typical uses include contractors engaged in highway and street construction; water, sewer, and pipeline construction; and bridge and tunnel construction.
9-1-4-405 Crop Production.
The Crop Production use type refers to growing plant crops for commercial purposes.
Typical uses include growing field crops, fruit or nut trees, and vineyards. 9-1-4-410 Cultural and Library Services.
The Cultural and Library Services use type refers to activities involving private, nonprofit, museum-like preservation and exhibition of objects of permanent interest in the arts and sciences, and library collections of books, manuscripts, and similar materials for study and reading. Typical uses include museums, art galleries, and libraries. 9-1-4-412 Custom Agricultural Manufacturing.
The Custom Agricultural Manufacturing use type includes the manufacturing and repair of customized agricultural equipment where such equipment is primarily used to support the agricultural economy. Customized agricultural equipment includes specialty agricultural equipment which is not commonly available to farmers on the retail market.
ATTACHMENT B
Item 7.4
Mountain House Page 256 of 846
47 9-1-4-415 Custom Manufacturing.
The Custom Manufacturing use type refers to the on-site production of goods by hand manufacturing or artistic endeavor which involves only the use of hand tools or small mechanical equipment, and the incidental sale of these goods directly to consumers. Typical uses include ceramic studios, candle making shops, and custom jewelry manufacturers. 9-1-4-420 Dairies.
The Dairies use type refers to collecting milk from animals and temporarily storing the milk prior to selling it to a dairy processing plant. Typical uses include cow dairy farms and goat dairy farms.
9-1-4-425 Eating Establishments.
The Eating Establishments use type refers to the sale of prepared food and beverages for on-premises consumption, but excludes those uses classified under the Liquor Sales use type.
The following are the categories of the Eating Establishments use type:
(a) Convenience. The preparation and retail sale of food and beverages that does not normally provide for ordering from tables. Typical uses include drive-in and fast-food restaurants, ice cream parlors, and delicatessens.
(b) Full-service. The sale of prepared food and beverages on the premises, which normally entails ordering of food and beverages from tables, and which may include sales of alcoholic beverages as an accessory or secondary service. Typical uses include full-service restaurants.
9-1-4-430 Educational Services.
The Educational Services use type refers to the provision of educational services. The following are the categories of the Educational Services use type:
(a) Commercial. Educational services provided by private institutions or individuals with the primary purpose of preparing students for jobs in a trade or profession. Typical uses include business and vocational schools, music schools, and hair styling schools. (b) General. Educational services that meet State requirements for primary, secondary, or higher education and that are owned and operated by private institutions or individuals. Typical uses include elementary, junior high, and senior high schools; boarding schools; and community colleges.
9-1-4-435 Equipment Sales and Repair.
The Equipment Sales and Repair use type refers to the sale, rental, servicing, and/or repair of farm machinery, heavy equipment, aircraft, and a variety of leisure-oriented equipment.
The following are the categories of the Equipment Sales and Repair use type:
(a) Farm Machinery, Sales. The sale, rental, and minor, incidental repair of farm machinery. Typical uses include tractor sales yard.
(b) Farm Machinery, Repair. The repair of farm implements and equipment. Typical uses include welding shops and tractor repair shops.
(c) Heavy Equipment, Sales. Sale of heavy construction equipment or major facility equipment like large-scale furnaces or boilers. Typical uses include crane or bulldozer sales yards.
ATTACHMENT B
Item 7.4
Mountain House Page 257 of 846
48 (d) Heavy Equipment, Repair. Repair of heavy construction equipment or major facility equipment like large-scale furnaces or boilers. Typical uses include bulldozer or boiler repair shops.
(e) Leisure. Storage, sale/rental, servicing, and repair of boats, trailers, recreational vehicles, and mobile homes. Typical uses include recreational vehicle dealers, boat dealers, and mobile home dealers.
(f) Aircraft. Sale/rental, servicing, and repair of aircraft. Typical uses include aircraft dealers.
9-1-4-440 Explosives Handling.
The Explosives Handling use type refers to the production, storage, and testing of explosives. Typical uses include chemical plants producing explosive chemicals and safe-haven truck terminals.
9-1-4-445 Farm Services.
The Farm Services use type refers to administrative services, soil preparation services, and plant crop services, and the storage of farm equipment and material for said services, provided to farming operations on a fee or contract basis. Excluded are those uses classified under the Agricultural Processing use type. Typical uses include farm headquarters offices and contract harvesting done primarily by machine.
9-1-4-450 Funeral and Interment Services.
The Funeral and Interment Services use type refers to the provision of services involving the care, preparation, or disposition of the dead. The following are the categories of the Funeral and Interment Services use type:
(a) Cemeteries. Services involving the keeping of bodies below ground on cemetery grounds and the incidental provision of interring, undertaking, and crematory services on said cemetery grounds.
(b) Interring and Cremating. Services involving the keeping of human bodies above ground and/or crematory services involving the reduction of the human body to ashes by burning. Typical uses include columbaria, mausoleums, cineraria, crem crematoriums. (c) Undertaking. Services involving the preparation of the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries. 9-1-4-455 Gasoline Sales.
The Gasoline Sales use type refers to the retail sale of petroleum products from the premises of the establishment. The following are the categories of the Gasoline Sales use type:
(a) Service. Gasoline sales with incidental sale of tires, batteries, replacement items, lubricating services, and minor repair services. Typical uses include automobile service stations. (b) Combination. Gasoline sales combined with the retail sales of other items provided for the convenience of the automotive traveler. Typical uses include convenience markets that also sell gasoline.
9-1-4-460 General Industrial.
The General Industrial use type refers to the on-site production of goods other than those that are agricultural or extractive in nature, but excludes those uses classified under the Custom
ATTACHMENT B
Item 7.4
Mountain House Page 258 of 846
49 Manufacturing, the High Technology, and the Explosives Handling use types. The following are the categories of the General Industrial use type:
(a) Limited. Production processes which, by the nature of the activity performed and/or the scale of operation, can be located near residential or commercial uses with minimal impact to adjacent uses. Typical uses include apparel manufacturing, paper products manufacturing, and furniture production using already manufactured components. (b) Intermediate. Production processes which can be located near residential or commercial uses only if special control measures are taken to mitigate the land use conflicts which can result from such operations. Typical uses include manufactured buildings prefabrication and small household appliance manufacturers. (c) Heavy. Production processes which should not be located near residential or commercial uses due to the intensive nature of the industrial activity and/or it’s scale of operation. These uses may be located near other manufacturing uses exhibiting similar characteristics although special control measures may still be required of some extremely intensive operations to ensure compatibility with similar industrial uses. Typical uses include motor vehicle assembly, sawmills, textile dyeing, and leather tanning chemical production. 9-1-4-465 Hazardous Industrial.
The Hazardous Industrial use type refers to the production, storage, or testing of materials which are especially dangerous or hazardous, but excludes those uses classified under the Explosives Handling and General Industrial, Heavy, use types. Typical uses include toxic chemical production.
9-1-4-470 High Technology Industry.
The High Technology Industry use type refers to the research, development, and controlled production of high-technology electronic, industrial, or scientific products. Typical uses include biotechnology firms and computer component manufacturers. 9-1-4-475 Laundry Services.
The Laundry Services use type refers to the provision of commercial laundering, dry cleaning, or dyeing services other than those classified under Retail Sales and Services. Typical uses include laundry agencies, diaper services, and linen supply services. 9-1-4-480 Liquor Sales.
The Liquor Sales use type refers to the retail sale of alcoholic beverages for consumption either on or off the premises of the establishment. This excludes uses classified under either the Retail Sales or Eating Establishments use types. The following are the categories of the Liquor Sales use type.
(a) On-Premises. On-premises sale and consumption of alcoholic beverages in a facility. Typical uses include comedy clubs, taverns, brew pubs, and cocktail lounges. (b) Off-Premises. The retail sale of alcoholic beverages for off-premises consumption. Typical uses include liquor stores.
9-1-4-482 Limited Agricultural Recycling.
The limited agricultural recycling use type is restricted exclusively to the recycling of materials generated from production of agricultural activities. Examples of such materials might
ATTACHMENT B
Item 7.4
Mountain House Page 259 of 846
50 be: plastic sheeting used for soil fumigation or covering of silage, plastic pipe used for irrigation systems, or similar products used in agriculture. Any such facilities shall be within five hundred (500) feet of a major arterial, or higher classification roadway. 9-1-4-485 Lodging Services.
The Lodging Services use type refers to the provision of rental guest rooms on a less than weekly basis to the general public, and the incidental sale of food, drink, and similar products and services intended for the convenience of guests. This use type excludes those uses classified under Group Residential. The following are the categories of the Lodging Services use type:
(a) Bed and Breakfast. Lodging facilities, other than a motel, that are provided in an existing dwelling structure and are located in areas designated as residential, commercial, agriculture, or mixed use on the General Plan 2010 map. Typical uses include bed and breakfast inns.
(b) Motel. Lodging facilities which are used primarily for the accommodation of automobile travelers and which are located in areas designated as a commercial or mixed use on the General Plan 2010 map. Typical uses include hotels, motels, and inns. 9-1-4-490 Major Impact Services.
The Major Impact Services use type refers to land intensive activities that must be located away from residences or concentrations of people due to the magnitude or nature of the operation’s impacts on the surrounding environment. Typical uses include airports, sanitary landfills, hazardous waste disposal sites, and correctional institutions. 9-1-4-495 Medical Services.
The Medical Services use type refers to the provision of personal health services, ranging from prevention to diagnosis, treatment and rehabilitation, by physicians, dentists, nurses, and other health personnel, as well as the provision of medical testing and analysis services, but excludes uses classified under other nonresidential use types. Typical uses include medical offices, dental laboratories, health maintenance organizations, immediate care facilities, and sports medicine facilities.
9-1-4-500 Nursery Sales and Services.
The Nursery Sales and Services use type refers to the sale of plants and related nursery items and to the provision of nursery related services. The following are the categories of the Nursery Sales and Services use type:
(a) Wholesale. Wholesaling of plants and/or the incidental retail sales of plants.
Typical uses include wholesale nurseries and commercial greenhouses. (b) Retail. Retail sale of plants and flowers and related nursery items. Typical uses include retail nurseries and home garden stores.
(c) Landscaping Services. Services involving the installation or maintenance of plant and garden materials. Typical uses include tree trimming, sod laying, and lawn and garden maintenance.
9-1-4-505 Personal Storage.
The Personal Storage use type refers to commercial storage services, primarily for personal effects and household goods located within enclosed storage areas that have individual
ATTACHMENT B
Item 7.4
Mountain House Page 260 of 846
51 access. Workshops, hobby shops, manufacturing and commercial activities are prohibited within the rented or leased structures. Typical uses include mini-warehouses. 9-1-4-510 Petroleum and Gas Extraction.
The Petroleum and Gas Extraction use type refers to the extraction of oil and natural gas from the ground and the temporary storage of oil at the well site. Typical uses include oil and gas wells.
9-1-4-515 Produce Sales.
The Produce Sales use type refers to the sale of produce and agricultural products, including shell eggs, as the primary economic activity of produce stands and agricultural stores.
Excluded are uses classified under Agricultural Sales, Nursery Sales and Service and Retail Sales and Service use types. The full-service category under the Eating Establishment use type is also excluded. The following are the categories of the Produce Sales use type:
(a) Produce Stand. A food establishment for the sale of only produce, cut flowers, and/or shell eggs that are grown or raised in the City of Mountain House. The maximum amount of time that a produce stand may operate shall not exceed one hundred eighty (180) days within a twelve (12) month period. The maximum area for a produce stand shall not exceed seven hundred (700) square feet.
(b) Agricultural Store, Small. A food establishment that is used for the sale of produce, agricultural products, and limited retail merchandising. The maximum structure size of a small agricultural store shall be one thousand five hundred (1,500) square feet including a maximum of one hundred fifty (150) square feet of the floor area for limited retail sales. (c) Agricultural Store, Large. A food establishment housed in a permanent structure that is used for the sale of produce, agricultural products, limited retail merchandising and food preparation. The structure size of a large agricultural store shall be more than one thousand five hundred (1,500) square feet including a maximum of five hundred (500) square feet of the floor area for limited retail sales and food service, i.e., customer seating. Food preparation areas, i.e., kitchens, shall not be counted as part of the retail sales area. 9-1-4-520 Professional Services.
The Professional Services use type refers to those establishments which provide professional services to individuals or businesses, but excludes offices not servicing walk-in customers which are classified under the Administrative Offices use type. Typical uses include law offices, banks, real estate offices, bail bonds, insurance offices, and architectural firms. 9-1-4-525 Public Services.
The Public Services use type refers to services provided by a public agency, public utility, quasi-public agency, or charitable organization, and to major health services provided by a public or private entity. Excluded from this use type are equipment storage and maintenance yards and uses classified under the Major Impact Services, Group Care, and Medical Services use types. The following are the categories of the Public Services use type:
(a) Administrative. Consulting, record keeping, clerical, or public contact services, that deal directly with citizens. Typical uses include governmental offices, charitable service organizations, and telephone business offices.
ATTACHMENT B
Item 7.4
Mountain House Page 261 of 846
52 (b) Essential. Public services which have a substantial impact on the surrounding community but which may be conditionally permitted in a variety of zones for reasons of necessary location and/or community-wide interest. Typical uses include police and fire stations, hospitals, post offices, libraries, and museums.
9-1-4-530 Quarry Operations.
The Quarry Operations use type refers to the extraction and processing of rocks and minerals from the ground, but excludes uses classified under the Petroleum and Gas Extraction use type. Typical uses include sand and gravel pits, metal mining, and coal mining. 9-1-4-535 Recreation.
The Recreation use type refers to sport, amusement, and leisure activities for adults and children. The following are the categories of the Recreation use type:
(a) Campgrounds. Areas and services for two or more campsites, accommodating either tents or camping vehicles, which are used by the general public as temporary living quarters for recreational purposes. Typical uses include recreational vehicle campgrounds and group tent campgrounds.
(b) Indoor Participant. Facilities for indoor participant sport activities. Typical uses include skating rinks, bowling alleys, billiard parlors, racquet clubs, and gymnasiums. (c) Indoor Spectator. Indoor facilities for presenting cultural, entertainment, and athletic events to spectators or for social or fraternal gatherings. Typical uses include theaters and exhibition halls.
(d) Marinas. Docking, storage, rental, and repair of recreational and fishing boats.
Typical uses include recreational boat marinas, boat rental establishments, and boat launch pads. (e) Outdoor Entertainment. Facilities used for outdoor recreational activities and for presenting entertainment and athletic events to spectators. Typical uses include water slide facilities, amusement parks, open air theaters, and stadiums. (f) Outdoor Sports Clubs. Sports clubs using open space or agricultural land for hunting, shooting, or fishing purposes. Typical uses include duck clubs, hunting clubs, skeet clubs, and rifle ranges.
(g) Parks. Outdoor areas used for recreational activities which involve large amounts of open space with minimal development. Typical uses include parks and golf courses. Excluded are uses under the “Outdoor Entertainment” use type subcategory. (h) Resort. A facility for transient guests where the primary attraction is generally recreational features or activities. Typical uses include summer camps, dude ranches, and health spas.
(i) Nature Preserve. Outdoor areas used for limited impact recreational activities which involve large amounts of land in its agricultural, or its improved semi-natural appearing state. The Nature Preserve may also include wildlife habitat or wetland areas. Typical uses conducted within a Nature Preserve may include the following: hiking, picnicking, fishing, bird watching. Activities and uses under the Recreation: Parks; Recreation: Outdoor Entertainment, Large Scale; Recreation: Outdoor Entertainment, Small Scale; Recreation: Marinas; sub-use types are excluded.
ATTACHMENT B
Item 7.4
Mountain House Page 262 of 846
53 9-1-4-540 Recycling Services.
The Recycling Services use type refers to the reuse of previously produced materials. The following are the categories of the Recycling Services use type:
(a) Consumer. The collection and temporary storage, prior to recycling, of paper, aluminum, plastic, and glass products used by consumers in the home and not intended for reuse in their commercially marketed form. Any materials that are hazardous are excluded. Typical uses include neighborhood recycling centers.
(b) Scrap Operations. The storage, sale, dismantling, and recycling of inoperable vehicles, scrap metal products, and inoperable industrial equipment, and the storage and sale of scrap products brought in from neighborhood recycling centers. Typical uses include junk yards, automobile wrecking yards, and commercial recycling centers. (1) The Limited Agricultural Recycling use type is restricted exclusively to the recycling of materials generated from production of agricultural activities. Examples of such materials might be: plastic sheeting used for soil fumigation or covering of silage, plastic pipe used for irrigation systems, or similar products used in agriculture. Any such facilities shall be within five hundred (500) feet of a major arterial, or higher classification roadway. 9-1-4-545 Religious Assembly.
The Religious Assembly use type refers to religious services and activities involving public assembly. Typical uses include churches, synagogues, and temples. The following are the categories of Religious Assembly use type:
(a) Neighborhood. Religious assembly having a seating capacity of less than two hundred and fifty (250) people.
(b) Community. Religious assembly having a seating capacity of at least two hundred and fifty (250) people, but less than five hundred (500) people. (c) Regional. Religious assembly having a seating capacity of five hundred (500) people or more.
9-1-4-550 Research and Laboratory Services.
The Research and Laboratory Services use type refers to research of an industrial or scientific nature and laboratory processing of material, but excludes medical testing and analysis, product testing, and manufacturing classified under the High Technology use type. Typical uses include electronics research firms, pharmaceutical research laboratories, and photographic labs. 9-1-4-555 Retail Sales and Service.
The Retail Sales and Service use type refers to the sale of commonly used goods and merchandise or the provision of personal services, but excludes those uses classified under other use types. The following are the categories of the Retail Sales and Service use type:
(a) Primary. Retail establishments which provide a limited number of frequently or recurrently needed personal items or services for residents in an immediate neighborhood. These establishments shall be of appropriate size and scale to meet the above criteria. Typical uses include small grocery stores, barber shops, beauty parlors, and self-service laundromats. (b) Intermediate. Retail establishments which provide a variety of retail or personal service needs for residents in a particular area of the community. Typical uses include supermarkets, dry cleaners, tanning salons, video rental outlets, and appliance repair shops.
ATTACHMENT B
Item 7.4
Mountain House Page 263 of 846
54 (c) General. Retail establishments which provide for a wide variety of the retail or personal service needs of an entire community. However, due to their scope of service, method of operation, or type of goods sold, they may be incompatible with primary or intermediate establishment locations. Typical uses include warehouse-styled retail outlets, bottled fuel sales, ammunition sales, towing services, furniture stores, and department stores. 9-1-4-560 Sign, Off-premises.
The Off-premises Signs use type refers to signs which direct attention to businesses, commodities, services, or entertainment which are conducted, sold, or offered at a location different from that of the sign. Typical uses include billboards. 9-1-4-565 Stables.
The Stables use type refers to boarding, exercise, and training services for horses. The following are the categories of the Stables use type:
(a) Neighborhood. Boarding and training services for six (6) or fewer horses. Typical uses include neighborhood boarding stables and small horse arenas. (b) Commercial. Boarding, exercise, and training services for seven (7) or more horses. Typical uses include commercial stables, riding clubs, riding academies, and race horse training.
9-1-4-570 Transportation Services.
The Transportation Services use type refers to the provision of transportation of persons and goods. Typical uses include bus services, train services, taxi services, and commercial postal services.
9-1-4-575 Truck Sales and Services.
The Truck Sales and Services use type refers to the sale/rental and repair of trucks and the provision of services for trucks involved in local or long distance hauling. Excluded are uses classified under the Automotive Services use type and the Equipment Sales and Repair use type.
The following are the categories of the Truck Sales and Services use type:
(a) Parking. A commercial operation for the parking or storage of trucks. Typical uses include truck storage yards.
(b) Cleaning. Washing and cleaning of trucks. Typical uses include truck washes. (c) Stops. Minor servicing and repair of trucks, including the direct dispensing of motor fuel and the sale of truck accessories, and the (optional) provision of any overnight accommodations and restaurant facilities for the use of truck crews. Typical uses include truck stops.
(d) Repairs. Repair of trucks and the sale, installation, and servicing of truck equipment and parts. Typical uses include truck transmission shops. (e) Sales. The sale, rental, and incidental repair of trucks. Typical uses include truck dealers and truck rental leasing without drivers.
(f) Terminals. The operation of truck terminals including auxiliary maintenance and service facilities. Typical uses include freight trucking terminals. (g) Liquefied Natural Gas (LNG) Truck Fueling Stations. Fueling operations with the sole purpose of the direct dispensing of Liquefied Natural Gas fuel to trucks. Excluded are uses classified in the Gasoline Sales Service and Combination use types.
ATTACHMENT B
Item 7.4
Mountain House Page 264 of 846
55 9-1-4-580 Utility Services.
The Utility Services use type refers to the provision of electricity, liquids, or gas through wires or pipes. The following are the categories of the Utility Services use type:
(a) Minor. Utility services that are necessary to support principal development involving only minor structures. Typical uses include electrical distribution lines, utility poles, and pole transformers.
(b) Major. Utility services involving major structures. Typical uses include natural gas transmission lines and substations, petroleum pipelines, and wind farms. 9-1-4-581 Veterans Organizations.
The Veterans Organization use type refers to nationally recognized, non-profit veterans groups providing services to the nation’s military veterans. Services provided may include, but are not limited to, funeral services and burials, transportation to veterans hospitals, providing wheelchair and medical equipment, counseling services, youth activities associated with veterans organizations, and flag placement on public thoroughfares on major holidays. Typical uses include: Veterans of Foreign Wars, The American Legion, Disabled American Veterans, and AmVets.
9-1-4-582 Water Storage.
The intentional use of any area of five hundred (500) acres or more for the containment of water which will at any time exceed an average six (6) feet in depth for thirty (30) days or more in any calendar year. This section does not apply to containment by a levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta as defined in California Water Code Section 12220 if the maximum possible water storage elevation exceeds four (4) feet above mean sea level as established by the United States Geological Survey 1929 datum. This section does not apply to dams and reservoirs under the jurisdiction of the Federal Government or the State of California exercising jurisdiction under Division 3 of the California Water Code. 9-1-4-585 Wholesaling and Distribution.
The Wholesaling and Distribution use type refers to the wholesaling, storage, or bulk sale distribution of materials and equipment, but excludes uses classified under the Agricultural Warehousing, Animal Feeding and Sales, and Truck Services use types. The following are the categories of the Wholesaling and Distribution use type:
(a) Light. Wholesaling, storage, and warehousing services within enclosed structures.
Typical uses include wholesale distributors and storage warehouses. (b) Heavy. Open-air storage, distribution, and handling of materials and equipment.
Typical uses include monument or stone yards, and open storage yards.
CHAPTER 5. SUPPLEMENTARY REGULATIONS
9-1-501 Intent.
The intent of this Chapter is to qualify or supplement regulations that appear elsewhere in this Title.
ATTACHMENT B
Item 7.4
Mountain House Page 265 of 846
56 9-1-502 Every Dwelling to be on a Lot.
Every dwelling or dwelling group must be located and maintained on a lot as required by this Title. Not more than one (1) dwelling structure shall occupy any one (1) lot, unless otherwise permitted in this Title.
9-1-503 Sale or Lease of Required Space.
No space needed to meet the width, yard, area, intensity, parking, or other requirements of this Title for lot or building may be sold, separated, or leased away from such lot or building.
DIVISION 2. ADMINISTRATIVE PROVISIONS
CHAPTER 1. ADMINISTRATIVE PROVISIONS: INTENT AND ORGANIZATION 9-2-101 Title and Intent.
Division 2 constitutes the Administrative Provisions. The intent of this Division is to prescribe regulations for the administration of this Title.
CHAPTER 2. REVIEW AUTHORITIES
9-2-201 Intent.
The intent of this Chapter is to specify the responsibilities of the various City agencies, groups, and offices in implementing this Title.
9-2-202 Planning Agency.
A Planning Agency for City of Mountain House is hereby created and established. It shall consist of the following:
(a) City Council;
(b) Planning Commission;
(c) Director of the Community Development Department;
(d) Planning and Development Services Divisions;
(e) Environmental Review Officer; and
(f) Design Review Committee.
9-2-203 City Council.
The City Council has the following functions as they apply to this Title:
(a) Appointments. To exercise all appointing power provided under state law and this Title, including the appointment of the Director of the Community Development Department and the members of the Planning Commission;
(b) Adoptions. To adopt the General Plan, Master Plans, Public Financing Plans, Specific Plans, Special Purpose Plans, regulations, ordinances, and environmental guidelines; (c) Appeals. To be the final appellate body on all matters as specified in this Title; (d) Annual Reviews. To annually review the Capital Improvement Program of the City for its conformity with the General Plan, pursuant to Article 7 (commencing with Section 65400) of the Government Code;
(e) Legislative Body. To serve as the legislative body as that term is used in the Subdivision Map Act; and
ATTACHMENT B
Item 7.4
Mountain House Page 266 of 846
57 (f) Environmental Reviews. To determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the City Council is considering.
9-2-204 Planning Commission.
At such time as the City Council repeals or amends Ordinance No. 2024-012 to establish a Planning Commission, or otherwise establishes a Planning Commission, the Planning Commission role as part of the Planning Agency shall be as provided in this Section. (a) Membership. The Planning Commission shall consist of five (5) members who shall be appointed by the Mayor, with the approval of the City Council, in accordance with Government Code Section 40605.
(b) Term. The term of office of each member of the Planning Commission shall be four (4) years beginning on the first day of January of an even numbered year. Three terms shall end December 31 of a year divisible by 4, and the other two terms shall end on December 31 of the next even-numbered year that is not divisible by 4. A member of the Planning Commission may continue in office after the end of the term of office until a successor member has been appointed by the City Council and has taken the oath of office. (c) Vacancies and Removal. Vacancies in the office of an appointed member of the Planning Commission shall be filled by appointment for the unexpired term. Any member of the Planning Commission may be removed for cause by majority vote of the City Council. The City Council shall declare a vacancy in the office of any member who is absent from three (3) consecutive regular meetings of the Planning Commission without prior notification given to the Planning Commission Chairperson.
(d) Advisory Staff. The Community Development Director, the City Attorney, and the Director of Public Works are designated as advisory staff to the Planning Commission. In lieu of personal attendance, each such officer may appoint one (1) deputy or assistant to attend Planning Commission meetings.
(e) Officers and Rules. Annually, the Planning Commission shall elect a Chairperson and a Vice-Chairperson from among the appointed members. No appointed member shall be elected Chairperson or Vice-Chairperson for more than two (2) consecutive terms. The Director of the Community Development Department, or his or her assistant or deputy designated under subdivision (d) shall be the Secretary to the Planning Commission. The Planning Commission shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, and determinations. All decisions and recommendations of the Planning Commission shall be carried by the affirmative votes of not less than a majority of its total voting members.
(f) Functions. The Planning Commission shall have the following functions in the administration of this Title and related regulations and policies:
(1) Prepare, periodically review, and revise, as necessary, the General Plan for the City;
(2) Consider and recommend amendments to the General Plan; (3) Investigate and make recommendations regarding reasonable and practical means for implementing the General Plan;
(4) Consider and recommend amendments to this Title;
(5) Annually review the Capital Improvement Program of the City for its conformity with the General Plan, any Specific Plans, any Special Purpose Plans, and all elements and parts
ATTACHMENT B
Item 7.4
Mountain House Page 267 of 846
58 of the General Plan, and provide a report concerning said Capital Improvement Plan to the City Council;
(6) Interpret the text of the General Plan as it relates to this Title; (7) Interpret the maps of the General Plan as they relate to the text of the General Plan;
(8) Develop and maintain any Master Plans, Public Financing Plans, Specific Plans, or Special Purpose Plans necessary or desirable for the implementation of the General Plan; (9) Consider and recommend upon applications for Master Plans, Public Financing Plans, Specific Plans, and Special Purpose Plans;
(10) Serve as the appellate body for discretionary staff decisions; (11) Review and act upon referrals or appeals from the Floodplain Administrator; (12) Act as the advisory agency, as that term is used in the Subdivision Map Act, on Major Subdivisions;
(13) Review and act upon applications requiring public hearings; (14) Determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the Planning Commission is considering;
(15) Recommend changes to the environmental guidelines for the City; and (16) Perform such other functions as the City Council may require, including conducting studies and preparing plans other than those authorized by Title 7 of the Government Code.
(g) Compensation. Planning Commission shall be compensated in accordance with a Resolution of the City Council, if any, adopted for such purpose. 9-2-205 Director of the Community Development Department.
The Director of the Community Development Department shall have the following functions in the administration of the Title and related regulations and policies:
(a) Secretary. Serve as Secretary to the Planning Commission; (b) Advisor. Act as the advisory agency, as provided in Government Code Section 66415, for Mergers, Minor Subdivisions, and Notices of Violation; (c) Administrator. Act as chief administrative officer of the Planning and Development Services Divisions;
(d) Review Authority. Conduct the review of public projects as specified in Section 65402 of the Government Code;
(e) Environmental Review. Appoint the Environmental Review Officer; (f) Staff Review. Review and act upon all applications requiring Staff Review; and (g) Staff Review With Notice. Review and act upon all applications requiring Staff Review with Notice.
9-2-206 Community Development Department.
The Community Development Department shall have the following functions in the administration of this Title and related regulations and policies:
(a) Administer General Plan. Perform the duties required for the proper preparation and administration of the General Plan, as provided by law and ordinance;
ATTACHMENT B
Item 7.4
Mountain House Page 268 of 846
59 (b) Administer Master Plans and Public Financing Plans. Perform the duties required for the proper preparation and administration of Master Plans and Public Financing Plans and regulations as provided by ordinance;
(c) Administer Specific Plans. Perform the duties required for the proper preparation and administration of Specific Plans and regulations as provided by law and ordinance; (d) Administer Special Purpose Plans. Perform the duties required for the proper preparation and administration of Special Purpose Plans and regulations as provided by law and ordinance;
(e) Advise City Council and Commission. Provide administrative support and professional advice to the Planning Commission and City Council; (f) Special Studies and Surveys. Perform special studies and surveys as directed by the City Council;
(g) Publicize General Plan. Endeavor to promote public interest in, comment on, and understanding of the General Plan and regulations relating to it; (h) Consult on General Plan. Consult and advise with public officials and agencies; public utility companies; civic, educational, professional, and other organizations; and citizens concerning the preparation and implementation of the General Plan; (i) Coordinate Plans and Programs. Promote the coordination of local plans and programs with the plans and programs of other public agencies; and (j) Report to City Council. Provide an annual report to the City Council on the status of the General Plan and progress in its implementation. 9-2-207 Environmental Review Officer.
The role of the Environmental Review Officer shall be as provided in this Section. (a) Appointment. The Environmental Review Officer shall be appointed by and serve at the pleasure the Director of the Community Development Department. (b) Term. The term of the appointment shall be at the discretion of, and subject to the termination by, the Director of the Community Development Department. (c) Functions. The Environmental Review Officer shall have the following functions in the administration of this Title and related regulations and policies:
(1) Be responsible for the preliminary screening of projects to determine which are exempt from and which are subject to the requirements of the California Environmental Quality Act;
(2) Conduct Initial Studies and hold meetings, when necessary, to make determinations as to whether a Notice of Exemption will be issued, a Negative Declaration prepared, or an Environmental Impact Report required for a project; (3) Prepare Negative Declarations on projects that will have no significant effect on the environment; and
(4) Prepare and maintain guidelines for the implementation of the California Environmental Quality Act by the City of Mountain House. 9-2-208 Design Consistency Review Committee.
The Design Consistency Review Committee’s role as part of the Planning Agency shall be as provided in this Section.
(a) Membership. The Design Consistency Review Committee shall consist of a representative of the Master Developer and the Community Development Department. Each
ATTACHMENT B
Item 7.4
Mountain House Page 269 of 846
60 corresponding organization or agency shall select one (1) representative. The representatives should be design and planning professionals.
(b) Functions. The Design Consistency Review Committee shall review all Development Permit applications (as defined in Section 9-1-304) for consistency with the design policies and requirements of City-adopted plans and ordinances. In addition, the Design Consistency Review Committee shall make design consistency recommendations for Mountain House plan and program documents related to community design that are submitted to the Community Development Department for review. The design consistency recommendations of the Design Consistency Review Committee shall be submitted to the Director.
CHAPTER 3. STAFF REVIEW PROCEDURE
9-2-301 Intent.
The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Staff Review Procedure.
9-2-302 General Process.
The Director shall review all applications to determine their consistency with established policies and standards. The review shall be of an administrative, nondiscretionary nature. The Director shall approve or deny the application based on the results of that review. 9-2-303 Application Filing Requirements.
An application shall be filed with the Community Development Department on forms provided by that Department.
Applications shall, at a minimum, contain the following:
(a) Name and Address. The name, address, and signature of the applicant and, for privately initiated applications, the name, address, and signature of the property owner; (b) Other Documents. Other documents, drawings, and plans as required by the Director; and
(c) Fee. A fee, as provided by resolution of the City Council. 9-2-304 Completeness of Applications.
Completeness of applications shall be determined pursuant to this Section. (a) Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete.
(b) Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:
(1) The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application; (2) The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);
ATTACHMENT B
Item 7.4
Mountain House Page 270 of 846
61 (3) Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and (4) If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.
(c) Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.
(1) A final written determination on the appeal shall be made no later than sixty (60) calendar days after receipt of the applicant’s written appeal; (2) If the final written determination on the appeal is not made within the sixty (60) day period noted in Subsection (c)(1), the application with the submitted materials shall be deemed complete.
9-2-305 Concurrent Processing of Applications.
If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.
9-2-306 Notification.
Notification is not required to be given for actions taken pursuant to this Chapter. 9-2-307 Action by Director.
The Director shall approve or deny the application based upon its consistency with established policies and standards.
9-2-308 Effective Date of Action.
Action on any application, unless otherwise specified, shall be effective immediately. 9-2-309 Appeals.
An action pursuant to this Chapter may not be appealed. 9-2-310 Time Limit on Approvals.
Unless otherwise specified, approved applications shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:
(a) Standard Requirements. A standard requirement of approval has not been complied with;
(b) Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; or
ATTACHMENT B
Item 7.4
Mountain House Page 271 of 846
62 (c) Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.
9-2-311 Violation of Permits.
Violation of permits approved under the provisions of this Chapter shall be subject to the enforcement procedures in Division 19 of this Title.
9-2-312 Nonacceptance of Applications.
An application submitted under the Staff Review Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.
CHAPTER 4. STAFF REVIEW WITH NOTICE PROCEDURE
9-2-401 Intent.
The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Staff Review With Notice Procedure. 9-2-402 General Process.
Notification shall be made as provided in this Chapter. The Director shall review the application to determine its consistency with established policies, standards, and required findings. The Director shall approve, conditionally approve, or deny the application based on the results of that review.
9-2-403 Preapplication Conference.
At the discretion of the Director, a preapplication conference may be required. The purpose of such a conference shall be to insure that the applicant is aware of issues and requirements related to the project. Other departments and public agencies may be invited to attend a preapplication conference. When a preapplication conference is required by the Director, no application may be accepted until the conference is considered complete by the Director. 9-2-404 Application Filing Requirements.
Applications shall be filed with the Community Development Department on forms provided by that Department and shall, at a minimum, contain the following:
(a) Name and Address. The name, address, and signature of the applicant and, for privately initiated applications, the name, address, and signature of the property owner; (b) Other Documents. Other documents, drawings, and plans as required by the Director; and
(c) Fee. A fee, as provided by resolution of the City Council. 9-2-405 Completeness of Applications.
The completeness of applications shall be determined pursuant to this Section. (a) Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not
ATTACHMENT B
Item 7.4
Mountain House Page 272 of 846
63 made within thirty (30) days after receipt of the application, the application shall be deemed complete.
(b) Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:
(1) The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application; (2) The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);
(3) Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and (4) If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.
(c) Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.
(1) A final written determination on the appeal shall be made not later than sixty (60) calendar days after receipt of the applicant’s written appeal; (2) If the final written determination on the appeal is not made within the sixty (60) day period noted in Subsection (c)(1), the application with the submitted materials shall be deemed complete.
9-2-406 Concurrent Processing of Applications.
If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.
9-2-407 Supplemental Guidelines, Standards, and Criteria.
In addition to the standards and findings set forth in this Title, the Community Development Department may prepare supplemental guidelines for the submission of applications and minimum standards and criteria for approval of applications. 9-2-408 Notification.
Notification of applications shall be given in accordance with the provisions of this Section.
(a) Owner. Notice of the application shall be mailed to the owner of the subject real property, or the owner’s duly authorized agent, and to the project applicant.
ATTACHMENT B
Item 7.4
Mountain House Page 273 of 846
64 (b) Local Agencies. Notice of the application shall be mailed to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project.
(c) Other Landowners. Depending on the General Plan designation of the property involved, a notice of the application shall be mailed to all owners of real property as shown on the latest tax rolls, as follows:
(1) In agricultural and conservation areas, all owners of property within fourteen hundred (1,400) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need be notified, provided all owners within three hundred (300) feet are notified;
(2) In rural residential and very low density residential areas, all owners of property within seven hundred (700) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need be notified, provided all owners within three hundred (300) feet are notified; and
(3) In all other areas, all property owners within three hundred and fifty (350) feet of the perimeter of the property.
(d) Large Numbers of Landowners. In the event the number of owners to whom notice would be sent pursuant to Subsection (c) is greater than one thousand (1,000), alternative notice may be given in the form of a one-eighth (⅛) page or larger display advertisement placed in a newspaper of general circulation in the affected area. (e) Interested Parties. Notice of the application shall be mailed to any person who has filed a written request for notice with the Community Development Department. (f) State Law. Additional notification shall be given as required by state law. (g) Additional. Additional notification may be given as deemed necessary by the Director.
(h) Mailing. Notice of the application shall be given by United States Mail and shall be mailed at least ten (10) calendar days prior to any action on the application. (i) Notice on Site. Applicant shall be required to post a copy of the development proposal on a 4' x 8' sign board posted on the subject site of the application. The notice shall include detail of the proposed development. Said notice shall be posted on the subject site for a minimum of 30 days prior to the final determination of the City. 9-2-409 Action by Director.
The Director shall decide to rule on the application or refer the application to the Planning Commission based on the response from notifications, the importance of the issue in carrying out the General Plan, the cumulative effect of similar applications, policy guidance previously received from the Planning Commission or City Council, and the possibility that the decision may set a precedent for future decisions. If the Director does not refer the application to the Planning Commission, he or she shall approve, conditionally approve, or deny the application.
9-2-410 Action by Planning Commission.
The Planning Commission shall hold a hearing on any application referred to it pursuant to Section 9-2-409. Notice of the hearing shall be provided to those parties listed in Section 9-2- 408. An applicant, an applicant’s representative, or any interested party may make a presentation about the application.
ATTACHMENT B
Item 7.4
Mountain House Page 274 of 846
65 9-2-411 Effective Date of Action.
Action on any application, unless otherwise specified, shall be effective upon expiration of the appeal period.
9-2-412 Appeals.
An action pursuant to this Chapter may be appealed in accordance with the provisions of this Section.
(a) Appeal Period. Unless otherwise specified, appeals shall be filed within ten (10) days of the date of action, and if filed, shall stay any further action on the permit until finally resolved. If the end of the appeal period falls on a nonbusiness day, the appeal period shall be extended to include the next business day.
(b) Who May Appeal. Appeals may be filed only by one of the following:
(1) The applicant or the applicant’s representative;
(2) A person who may be adversely affected by the decision or who has participated in the review process by submitting written or oral testimony on the application or by attending a public hearing on the application; or
(3) A person who was prevented from participating in the review by circumstances beyond his or her control.
(c) Appeal Bodies. Unless otherwise specified by law, decisions made by the Director pursuant to this Chapter may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council. (d) Contents of Appeal. All appeals shall be filed with the Community Development Department on forms provided by that Department. The appeal shall include, at a minimum, the following:
(1) A written statement specifying the basis of the appeal by citing the specific abuse of discretion by the Review Authority; and
(2) A fee, as specified by resolution of the City Council. (e) Scope of Appeal. The appeal body shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relative to the application and may confirm, reverse, or modify the appealed action based upon its interpretation of the findings required and the evidence submitted.
9-2-413 Review by the City Council.
The City Council may call up for review any decision of the Planning Commission or Planning Director made pursuant to this Chapter. The decision to call up for review shall occur prior to the effective date of the action and shall follow the same procedures as an appealed decision.
9-2-414 Time Limit on Approvals.
Unless otherwise specified, approved applications shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:
(a) Requirements or Conditions. A standard requirement or condition of approval has not been complied with;
(b) Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; or
ATTACHMENT B
Item 7.4
Mountain House Page 275 of 846
66 (c) Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.
9-2-415 One Year Wait on Denials.
No application may be accepted if a similar application has been finally denied during the immediately preceding one (1) year period. For the purposes of this Section, “similar application” shall mean an application under the same regulation applicable to the same property.
This Section shall not apply to applications denied without prejudice, which can be resubmitted within one (1) year upon payment of a fee as set forth by resolution of the City Council. 9-2-416 Alteration of Permits.
A permit approved under the provisions of this Chapter may be altered pursuant to Chapter 6 of Division 2.
9-2-417 Revocation of Permits.
A permit approved under the provisions of this Chapter may be revoked pursuant to Chapter 7 of Division 2.
9-2-418 Nonacceptance of Applications.
An application submitted under the Staff Review With Notice Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.
CHAPTER 5. PUBLIC HEARING REVIEW PROCEDURE
9-2-501 Intent.
The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Public Hearing Review Procedure. 9-2-502 General Provisions.
The following general provisions shall apply to the Public Hearing Review Procedure:
(a) Planning Commission Review. The Planning Commission shall conduct a public hearing with notification for the purpose of receiving oral and written evidence relative to the application. This evidence shall be reviewed to determine if the application is consistent with existing policies, standards, and required findings. The Planning Commission shall approve, conditionally approve, recommend approval, or deny the application based on the results of this review.
(b) Minimum Requirements. The requirements specified herein are considered minimum and may be expanded or modified by specific application requirements. 9-2-503 Preapplication Conference.
At the discretion of the Director, a preapplication conference may be required. The purpose of such a conference shall be to insure that the applicant is aware of issues and requirements related to the project. Other departments and public agencies may be invited to attend a preapplication conference. When a preapplication conference is required by the Director, no application may be accepted until the conference is considered complete by the Director.
ATTACHMENT B
Item 7.4
Mountain House Page 276 of 846
67 9-2-504 Application Filing Requirements.
Applications shall be filed with the Community Development Department on forms provided by that Department and shall, at a minimum, contain the following:
(a) Name and Address. The name, address, and signature of the applicant and, for privately initiated, property-specific applications, the name, address, and signature of the property owner;
(b) Other Documents. Other documents, drawings, and plans as required by the Director; and
(c) Fee. A fee, as provided by resolution of the City Council. 9-2-505 Completeness of Applications.
Completeness of applications shall be determined as follows:
(a) Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete.
(b) Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:
(1) The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application; (2) The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);
(3) Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and (4) If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.
(c) Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.
(1) A final written determination on the appeal shall be made not later than sixty (60) calendar days after receipt of the applicant’s written appeal; (2) If the final written determination on the appeal is not made within the sixty (60) day period noted in subsection (c)(1), the application with the submitted materials shall be deemed complete.
9-2-506 Concurrent Processing of Applications.
If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than
ATTACHMENT B
Item 7.4
Mountain House Page 277 of 846
68 one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.
9-2-507 Supplemental Guidelines, Standards, and Criteria.
In addition to the standards and findings set forth in this Title, the Community Development Department may prepare supplemental guidelines for the submission of applications and minimum standards and criteria for approval of applications. 9-2-508 Notification.
Notification shall be given in accordance with the provisions of this Section. (a) Owner. For property-specific applications only, notice of the hearing shall be mailed to the owner of the subject real property or the owner’s duly authorized agent and to the project applicant.
(b) Local Agencies. For property-specific applications only, notice of the hearing shall be mailed to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project. (c) Other Landowners. Depending on the General Plan designation of the property involved, a notice of the hearing, for property-specific applications only, shall be mailed to all owners of real property as shown on the latest tax rolls, as follows:
(1) In agricultural and conservation areas, and in freeway service and industrial areas outside of communities, all owners of property within fourteen hundred (1,400) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need to be notified, provided all owners within three hundred (300) feet are notified; (2) In rural residential and very low density residential areas, all owners of property within seven hundred (700) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need to be notified, provided all owners within three hundred (300) feet are notified; and
(3) In all other areas, all property owners within three hundred fifty (350) feet of the perimeter of the property.
(d) Large Numbers of Landowners. In the event the number of owners to whom notice would be sent pursuant to Subsection (c) is greater than one thousand (1,000), alternative notice may be given in the form of a one-eighth (⅛) page or larger display advertisement placed in a newspaper of general circulation in the affected area. (e) Interested Parties. Notice of the hearing shall be mailed to any person who has filed a written request for notice with the Community Development Department. (f) State Law. Additional notification shall be given as required by State law. (g) Additional. Additional notification may be given as deemed necessary by the Director.
(h) Mailing. Notice of the hearing shall be sent by United States Mail at least ten (10) calendar days prior to any public hearing or final action on an application. (i) Notice on Site. Applicant shall be required to post a copy of the development proposal on a 4' x 8' sign board posted on the subject site of the application. The notice shall include detail of the proposed development. Said notice shall be posted on the subject site for a minimum of 30 days prior to the final determination of the City.
ATTACHMENT B
Item 7.4
Mountain House Page 278 of 846
69 9-2-509 Action by Planning Commission.
The Planning Commission shall hold a public hearing on the application. An applicant, an applicant’s representative, or any interested party may make a presentation on the application. 9-2-510 Effective Date of Action.
Action on any application, unless otherwise specified, shall be effective upon expiration of the appeal period.
9-2-511 Appeals.
An action pursuant to this Chapter may be appealed in accordance with the provisions of this Section.
(a) Appeal Period. Unless otherwise specified, appeals shall be filed within ten (10) days of the date of action, and if filed, shall stay any further action on the permit until final resolution of the appeal. If the end of the appeal period falls on a nonbusiness day, the appeal period shall be extended to include the next business day. (b) Who Can Appeal. Appeals may be filed only by one of the following:
(1) The applicant or the applicant’s representative;
(2) A person who may be adversely affected by the decision or who has participated in the review process by submitting written or oral testimony on the application or by attending a public hearing on the application; or
(3) A person who was prevented from participating in the review by circumstances beyond his or her control.
(c) Appeal Body. Unless otherwise specified by law, appeals of decisions made pursuant to this Chapter may be appealed to the City Council. (d) Contents of Appeal. All appeals shall be filed with the Community Development Department on forms provided by that Department. The appeal shall include, at a minimum, the following:
(1) A written statement specifying the basis of the appeal by citing the specific abuse of discretion by the Review Authority; and
(2) A fee, as specified by resolution of the City Council. (e) Scope of Appeal. The appeal body shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relative to the application and may confirm, reverse, or modify the appealed action based upon its interpretation of the findings required and the evidence submitted.
(f) Final Decision. The decision of the City Council on an appeal from the Planning Commission shall be effective immediately.
9-2-512 Review by the City Council.
(a) The City Council may call up for review any decision of the Planning Commission made pursuant to this Chapter.
(b) The decision to call up for review shall occur prior to the effective date of the action and shall follow the same procedures as an appealed decision.
ATTACHMENT B
Item 7.4
Mountain House Page 279 of 846
70 9-2-513 Time Limit on Approvals.
Unless otherwise specified, approved applications for nonlegislative actions shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:
(a) Requirements or Conditions. A standard requirement or condition of approval has not been complied with;
(b) Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; and (c) Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.
9-2-514 One Year Wait on Denials.
No application may be accepted if a similar application has been finally denied during the immediately preceding one (1) year period. For the purposes of this Section, “similar application” shall mean an application under the same regulation applicable to the same property.
This Section shall not apply to applications denied without prejudice, which may be refiled within one (1) year upon payment of a fee as set forth by resolution of the City Council. 9-2-515 Alteration of Permits.
A permit approved under the provisions of this Chapter may be altered pursuant to Chapter 6 of Division 2.
9-2-516 Revocation of Permits.
A permit approved under the provisions of this Chapter may be revoked pursuant to Chapter 7 of Division 2.
9-2-517 Nonacceptance of Applications.
An application submitted under the Public Hearing Review Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.
CHAPTER 6. ALTERATION PROCEDURE
9-2-601 Intent.
The intent of this Chapter is to provide a process for the alteration of any permit granted under this Title. The revocation or modification of a permit for cause shall comply with the provisions of Chapter 7 of Division 2 of this Title.
9-2-602 Application for Alteration of a Permit.
Any person holding a permit granted under this Title may apply for an alteration by following the same procedure required for the initial application for the permit. For the purpose of this Section, the alteration of a permit may include modification of the terms of the permit itself or the waiver or alteration of conditions imposed incidentally to the granting of the permit.
ATTACHMENT B
Item 7.4
Mountain House Page 280 of 846
71 CHAPTER 7. REVOCATION PROCEDURE
9-2-701 Intent.
The intent of this Chapter is to provide a process whereby the City can take action to revoke or modify, for cause, any development approval granted under this Title. A change to a development approval requested by the permit holder shall be processed pursuant to Chapter 6 of Division 2, Alteration Procedure.
9-2-702 Automatic Revocation.
A development approval that has been granted or modified subject to one (1) or more conditions, shall cease to be valid, and all rights or privileges that were granted shall lapse, even if other provisions in the Title are to the contrary, if any final judgment of a court of competent jurisdiction declares that one (1) or more of the conditions are void or ineffective, or if the enforcement or operation of one (1) or more of the conditions are enjoined or otherwise prohibited.
9-2-703 Initiation of Action.
Actions to revoke or modify development approvals may be initiated as follows:
(a) By Planning Commission. The Planning Commission may initiate an action to revoke or modify any development approval which it has granted, extended, or modified; (b) By City Council. The City Council may initiate an action to revoke or modify any development approval. Action by the Planning Commission shall not be a prerequisite to action by the City Council.
9-2-704 Grounds for Revocation or Modification.
A development approval may be revoked or modified pursuant to the provisions of this Chapter upon a finding of any one (1) or more of the following grounds:
(a) Fraud. That such development approval was obtained or extended by fraud; (b) Violation of Condition. That one (1) or more of the conditions upon which such development approval was granted have been violated; or (c) Adverse Impacts. That the use or facility for which the development approval was granted is so conducted or maintained as to be detrimental to the public health or safety, or as to be a public nuisance.
9-2-705 Public Hearing Required.
All actions to reduce or modify development approvals initiated under the provisions of this Chapter shall be conducted pursuant to the Public Hearing Review Procedure set forth in Chapter 5 of Division 2.
9-2-706 Action by Planning Commission or City Council.
Upon the conclusion of the public hearing, the Planning Commission or City Council may, on the basis of the evidence presented at the hearing, make a finding on any one or more of the grounds listed in Section 9-2-704 and take action to revoke or modify the development application. Decisions of the Planning Commission shall be final unless appealed to the City Council pursuant to Chapter 5 of Division 2. Decisions of the City Council shall be final.
ATTACHMENT B
Item 7.4
Mountain House Page 281 of 846
72 9-2-707 Cumulative Rights.
The City’s right to revoke a development approval, as provided by this Chapter, shall be cumulative to any other remedy allowed by law.
CHAPTER 8. NONCONFORMITY PROVISIONS
9-2-801 Intent.
The intent of this Chapter is to regulate structures and uses which were legal when brought into existence, but which no longer comply with the provisions of this Title. The additional intent of this Chapter is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance. 9-2-802 Finding of Incompatibility.
Nonconforming uses and structures are declared to be incompatible with permitted uses, structures, and standards in the zones involved. They shall not be enlarged upon, expanded, extended, or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as expressly permitted in this Chapter. 9-2-803 Nonconforming Use.
A nonconforming use shall be subject to the provisions of this Section. (a) Continuation. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1) If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of this Chapter;
(2) If the nonconforming use is conducted wholly or partially within a structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled, subject to Site Approval; and
(3) If the nonconforming use is superseded by a conforming use, or if the nonconforming use ceases for any reason for a period of more than twelve (12) consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located and the nonconforming use may not thereafter be resumed. (b) Adding New Uses. When a nonconforming use exists on any lot, no new use shall be established or built on such lot unless the new use conforms to the requirements of this Title for the zone in which the lot is located.
(c) Change to Another Nonconforming Use. A nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a structure may be changed to another nonconforming use within said structure, subject to the following:
(1) If the nonconforming use is changed to another use classified within the same use type and the Director determines that additional off-street parking and loading space is not needed by said change, no development application shall be required. (2) A Site Approval pursuant to the procedures set forth in Chapter 9 of Division 8 shall be required for all changes other than those described in Subsection (c)(1) above. (3) A change shall be allowed only if the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing
ATTACHMENT B
Item 7.4
Mountain House Page 282 of 846
73 nonconforming use. In permitting such change, the Review Authority may require conditions and safeguards and an amortization period for the new use.
(4) When a nonconforming use is replaced by a less detrimental nonconforming use, the occupancy may not thereafter revert to a more detrimental use. (d) Replacement of a Structure Occupied by a Nonconforming Use. A building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, may be restored, and the occupancy or use of such building, structure, or part thereof to the extent that it existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards. 9-2-804 Nonconforming Structure.
A nonconforming structure shall be subject to the provisions of this Section. (a) Continuation. A nonconforming structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1) Such structure may be remodeled or repaired, provided such action does not increase its nonconformity;
(2) Such structure may be added to or enlarged within the yard setback area provided such additions do not increase such nonconformity and provided the expansion does not increase the linear measurement of the portion of the building within the setback area by more than one hundred percent (100%). Expansions greater than one hundred percent (100%) require an approved Site Approval;
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the reg zone in which it is located. (b) Adding New Structures. When a nonconforming structure exists on any lot, no new structure shall be established or built on such land unless the new structure conforms to the requirements of this Title for the zone in which the lot is located. (c) Replacement of Nonconforming Structure. Should a nonconforming structure be destroyed or damaged by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, it may be restored to the extent to which it existed at the time of the damage or destruction, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards.
9-2-805 Historic Buildings, Structures, or Sites.
Notwithstanding any other provision of this Chapter, a building, structure, or site which is listed on the National Register of Historic Places or is registered as a State Historical Landmark or Point of Historical Interest shall be allowed to continue to exist and be repaired, restored, or reconstructed as long as it complies with federal and state regulations and statutes regarding historic buildings, structures, or sites.
9-2-806 Repairs Necessary to Protect Health and Safety.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any City or State official charged with protecting the public health or safety, upon order of such official.
ATTACHMENT B
Item 7.4
Mountain House Page 283 of 846
74 9-2-807 Requirements for Obtaining Status as a Nonconforming Use.
A use that was established without obtaining required permits shall be deemed a nonconforming use only if all of the following conditions are satisfied:
(a) Ordinance Requirements. The use shall comply with all applicable ordinance requirements that would have been required at the time the use was established. (1) The City shall consider such ordinance requirements as minimum requirements. (2) If the City determines that said ordinance requirements are not adequate to protect public health, safety, and welfare, the City may impose additional requirements for this purpose as specified in this Title.
(b) Permits. The following permits shall be required:
(1) A Site Approval or other discretionary application shall be required for the use. (2) Other permits that normally would have been required at the time the use was established shall be obtained.
CHAPTER 9. FEES
9-2-901 Intent.
The intent of this Chapter is to establish fees necessary to offset the City’s cost to administer applications required by this Title.
9-2-902 Fee Schedule.
The City Council shall, by Resolution, adopt a fee schedule for the development applications required by this Title.
9-2-903 Public Agencies.
Fees shall be required, pursuant to this Chapter, of a municipal corporation, the State of California, political subdivisions of the State of California, or the United States of America. 9-2-904 Refunds.
All fees shall be nonrefundable except:
(a) Lack of Jurisdiction. Where the City does not have jurisdiction to act on an application, a one hundred percent (100%) refund shall be given; or (b) Before Public Notification. Where notification of the project is required and has not yet been served, the City may give a refund, not to exceed fifty percent (50%). 9-2-905 Preapplication Conferences.
The fee required for a Preapplication Conference for Mountain House development applications shall be a separate fee, paid in addition to the fee required for the parent application. 9-2-906 Notice of Preparation.
The fee required for a Notice of Preparation shall be deducted from the Environmental Impact Report Fee.
ATTACHMENT B
Item 7.4
Mountain House Page 284 of 846
75 9-2-907 Schedule of Payments.
The fee required for a Specific Plan, Environmental Impact Report, or Monitoring and Reporting Plan may be paid by means of a schedule of payments agreed to by the Director and the applicant.
9-2-908 Enforcement Actions.
In addition to the fees specified in this code, the following penalty fees shall be required for projects subject to enforcement proceedings:
(a) Whenever an application is made to correct a violation where a citation has been issued, or two (2) weeks notice has been given, the cost of the application shall be two (2) times the application fee normally charged for the application, up to a maximum of five hundred dollars ($500) over the application fee normally charged. (b) Whenever a change of use or occupancy occurs within eighteen (18) months of its approval, and subsequent approval(s) as required by this Code have not been obtained, fees shall be nine (9) times the application fee(s) normally required to bring the use or occupancy into compliance with this Code.
9-2-909 Concurrent Applications.
Whenever more than one (1) legislative application type is required for a single project and the applications are processed concurrently, the total fee shall be the sum of the most expensive project application type plus one-half (½) the required fee(s) for any remaining project application type(s).
9-2-910 Time and Materials Fees.
At the discretion of the Director of Community Development Department or Director of Public Works, the fee for a project application may be based on the actual City cost of processing the application. The decision to use actual cost of processing shall be based on the extraordinary amount of staff time estimated to process the application. The decision must be made within thirty (30) business days after the application is declared complete. Actual cost shall include employee salaries and benefits, overhead, and materials. 9-2-911 Fees for Specialists.
The City may use professional services as follows:
(a) When special expertise is required,
(b) To relieve workload peaks,
(c) At the request of an applicant, or
(d) For any other reason deemed appropriate by the Director.
The consultant shall be selected by the Director with the applicant being responsible for the cost of the professional services plus an administrative fee as set by resolution by the City Council.
9-2-912 Reinitiation of Withdrawn Applications.
At the discretion of the Director, an application that has been withdrawn may be reinitiated with no fee requirements if the following requirements are met:
(a) Substantially Same. The new application is substantially the same as the withdrawn application;
ATTACHMENT B
Item 7.4
Mountain House Page 285 of 846
76 (b) Processing. Processing of the new application will generally proceed from the point the withdrawn application stopped;
(c) Elapsed Time. Less than eighteen (18) months have elapsed since the application was withdrawn; and
(d) Consistency. The application is consistent with current provisions of this Title. 9-2-913 Requests for Nonconforming Status.
The application processing fee for any permit required to enable an existing use to become a nonconforming use shall be the fee in effect at the time the application is filed plus fifteen percent (15%) of said fee.
CHAPTER 10. REASONABLE ACCOMMODATION
9-2-1001 Intent.
The intent of this Chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (Acts) in the application of zoning laws and other land use regulations, policies, and procedures. 9-2-1002 Applicability.
The following shall apply to any request for a reasonable accommodation:
(a) A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this Title or other City requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this Chapter, a “person with a disability” is any person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This Chapter is intended to apply to those persons who are defined as disabled under the Acts. (b) A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housingrelated facilities that would eliminate regulatory barriers and pr person with a disability equal opportunity to housing of his or her choice.
(c) A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site. (d) A reasonable accommodation may be granted in compliance with this Chapter without the need for the approval of a deviation or a variance. 9-2-1003 Procedure.
(a) A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of the Community Development Department, and shall contain the following information:
(1) The applicant’s name, address, and telephone number; (2) Address and/or APN of the property for which the request is being made; (3) The current use of the property;
ATTACHMENT B
Item 7.4
Mountain House Page 286 of 846
77 (4) The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
(5) The Development Title provision, regulation, or policy from which reasonable accommodation is being requested; and
(6) Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
(b) If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (a) of this section for concurrent review with the application for discretionary approval. (c) A request for reasonable accommodation shall be reviewed by the Director of the Community Development Department (Director) or his/her designee, if no approval is sought other than the request for reasonable accommodation or for applications that do not require a public hearing review. The Director or his/her designee shall make a written determination within forty-five (45) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation. (d) A request for reasonable accommodation submitted for concurrent review with a discretionary land use application that requires a public hearing review shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review. 9-2-1004 Findings.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
(a) The housing in the request will be used by a person with a disability under the Acts;
(b) The request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts; (c) The requested reasonable accommodation would not impose an undue financial, administrative, enforcement, or health and safety burden on the City; (d) The requested reasonable accommodation would not conflict with the nature of a City program or law, including, but not limited to, land use and zoning; (e) The impact on surrounding uses;
(f) The physical attributes of the property and structures; and (g) Any other reasonable accommodations that may provide an equivalent level of benefit.
9-2-1005 Conditions of Approval.
In granting a request for reasonable accommodation, the Director or his/her designee, or the Planning Commission, as the case may be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall, also, state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.
ATTACHMENT B
Item 7.4
Mountain House Page 287 of 846
78 9-2-1006 Appeals.
An action pursuant to this Chapter may be appealed in accordance with the provisions stated in Section 9-2-511 Appeals of Staff Review With Notice or Section 9-2-412 Appeals of Public Hearing Review.
DIVISION 3. RESIDENTIAL ZONES
CHAPTER 1. RESIDENTIAL ZONES: INTENT AND ORGANIZATION
9-3-101 Title and Intent.
Division 3 constitutes the residential zones. The intent of this Division is to prescribe use, lot, and structure regulations for residential zones within the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the residential zones are as follows:
(a) R-VL Zone. The Very Low Density Residential (R-VL) Zone is intended as a transition from rural to urban areas allowing for detached, single-family dwellings on large lots located in areas with existing large lot development, within communities around sensitive natural resources, or on the urban fringes. This zone is intended to implement the Very Low Density Residential land-use category of the General Plan.
(b) R-L Zone. The Low Density Residential (R-L) Zone is intended to provide for neighborhoods consisting of detached, single-family residences, located within or immediately adjacent to population centers which are served by a public water supply, sanitary sewer system, and similar facilities and services. This zone is intended to implement the Low Density Residential land-use category of the General Plan.
(c) R-M Zone. The Medium Density Residential (R-M) Zone is intended to accommodate detached single-family dwelling units, mobile homes, and attached units including duplexes, triplexes, and fourplexes in neighborhoods most appropriately situated as buffers between less and more intensively developed residential areas or as transitions from residential to commercial areas. The zone is intended to implement the Medium Density Residential landuse category of the General Plan. (d) R-MH Zone. The Medium-High Density Residential (R-MH) Zone is intended to allow for attached housing units such as townhouses and garden apartments in central portions of urban communities, along major transportation routes, and around major commercial areas. This zone is intended to implement the Medium-High Density Residential land-use category of the General Plan.
(e) R-H Zone. The High Density Residential (R-H) Zone is intended to encompass housing such as apartments, condominiums, and other multifamily housing units, located near central business districts, major commercial areas, and major transportation routes, where hotels and motels may also be appropriate. This zone is intended to implement the High Density Residential land-use category of the General Plan.
CHAPTER 2. RESIDENTIAL ZONES: USE REGULATIONS
9-3-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed in the residential zones, consistent with the policies and principles of the General Plan.
ATTACHMENT B
Item 7.4
Mountain House Page 288 of 846
79 9-3-202 Permitted Use Types.
Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-3-2.1.
9-3-202.5 Expansion of Uses and Structures.
Uses or structures that require discretionary review, may be expanded with an Improvement Plan, provided the following conditions are met:
(a) The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and (b) The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and
(c) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and
(d) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-3-
2.1. 9-3-203 Accessory Uses and Structures.
Permitted, not permitted, and conditionally permitted accessory uses and structures shall be as provided in Table 9-3-2.1. Accessory uses or structures not specifically listed in Table 9-3-
2.2 may be permitted with an Improvement Plan, provided:
(a) The proposed accessory use or structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing principal use type; and (b) The proposed accessory use or structure involves less than a ten percent (10%) increase in the overall site area covered by the existing use type; and (c) The proposed accessory use or structure, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and (d) The proposed accessory use or structure will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the accessory use or structure shall be the same as the level of review required for the primary use or structure.
9-3-204 Reserved.
9-3-205 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-3-2.3. Temporary uses or structures not specifically listed in Table 9-3-
2.3 may be allowed, subject to approval of an Improvement Plan. 9-3-206 Special Use Regulations.
In addition to the provisions of Section 9-3-201 through Section 9-3-205, the following Special Use Regulations shall apply to those uses or use types specified below:
ATTACHMENT B
Item 7.4
Mountain House Page 289 of 846
80 (a) Accessory Dwelling Units. An accessory dwelling unit and a junior accessory dwelling unit are permitted, subject to the provisions of Chapter 13 of Division 8. (b) Education Animal Project. In the Rural Residential (R-R) and Very Low Density Residential (R-VL) zones, the number of animals that may be raised for an educational animal project shall not exceed the number permitted under the Family Food Production Use Type, as specified in Chapter 10 of Division 10, and shall not include the raising of swine. (c) Trucks in Residential Zones. No truck exceeding eleven thousand (11,000) pounds gross vehicle weight rating (GVWR), as defined in the California Vehicle Code, shall be parked or stored on private property in any area zoned for residential use and containing a primary dwelling unit.
(d) Parking. The Automotive Sales and Services-Parking Use Type may be permitted in Low Density Residential (R-L), Medium Density Residential (R-M), Medium-High Density Residential (R-MH) and High Density Residential (R-H) zones if adjacent to a commercial or industrial zone with an approved Use Permit.
(e) A maximum of eight (8) special outdoor events may be permitted with an approved site approval application in the Low Density Residential (R-L) and Medium Density Residential (R-M) zones.
(f) Religious Assembly. Regional uses shall have a minimum parcel size requirement of ten (10) acres.
(g) Permit Type Required for Change in Existing Use. Any change in an existing use to a new use which requires either a Use Permit, a Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use.
9-3-207 Design Guidelines.
Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.
9-3-208 Short-Term Rental Prohibited.
No person shall establish, operate, or maintain any short-term rental. Notwithstanding the foregoing, a property owner may rent their home for up to 14 days in a year, provided that each rental period shall not be less than 7 consecutive days. Notwithstanding anything to the contrary in this Code, any violations of this section are subject to increased fines under subdivision (d) Government Code section 36900 and sections 1-2-201 and 1-2-303 of this Code.
TABLE 9-3-2.1 USES IN RESIDENTIAL ZONES
Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
U Use Permitted Subject to Use Permit
- Use Not Permitted
Use Types R-VL R-L R-M R-MH R-H
Residential Use Types
ATTACHMENT B
Item 7.4
Mountain House Page 290 of 846
81 Family Residential See categories below
Single-Family P P P P -
Two-Family - - (P1 ) P P -
Small Multifamily - - P P P
Large Multifamily - - S (-1 ) S S
Farm Employee Housing See categories below
Small - - - - -
Large - - - - -
Group Care See categories below>
Small P P P P P
Large U U U U U
Adult Day Care - U U U U
Group Residential - - S S S
Mobile Home Park - U (-1 ) U (-1 ) - -
Emergency Shelters: See categories below
Small - - - - -
Medium
Large - - - - -
Nonresidential Use
Administrative Offices - - - S S
Administrative Support
Services
- - - - -
Adult Entertainment - - - - -
Aerial Services See categories below
Farm - - - - -
Heliport - - - - -
Agricultural Organizations - - - - -
Agricultural Processing See categories below
Preparation Services - - - - -
Food Manufacturing - - - - -
Agricultural Sales See categories below
Feed and Grain - - - - -
Agricultural Chemical - - - - -
Agricultural Warehousing - - - - -
Agricultural Wastes - - - - -
Animal Feeding and Sales - - - - -
Animal Raising See categories below
Exotic Animals - - - - -
General - - - - -
Hogs - - - - -
Small Animals - - - - -
Family Food Production P - - - -
Educational Animal Project P - - - -
ATTACHMENT B
Item 7.4
Mountain House Page 291 of 846
82 Zoo - - - - -
Petting Zoo - - - - -
Animal Specialty Services See categories below
Farm - - - - -
Pet - - - - -
Kennel - - - - -
Kennel, Small Breeding - - - - -
Auction Sales See categories below
Indoor - - - - -
Outdoor - - - - -
Automotive Sales and
Services
See categories below
Automotive Rentals - - - - -
Automotive Repairs, Light - - - - -
Automotive Repairs, Heavy - - - - -
Automotive Sales - - - - -
Cleaning - - - - -
Inoperable Vehicle Storage - - - - -
Operable Vehicle Storage - - - - -
Parking - - - - -
Building Maintenance
Services
- - - - -
Child Care Services See categories below
Family Day Care Homes P P P P P
Child Care Centers U U U U U
Commercial Cannabis See categories below
Cultivation - - - -
Distribution - - - -
Manufacturing - - - -
Non-Storefront (Delivery)
Retail Sales
- - - -
Laboratory Testing - - - -
Communications Services See categories below
Type I PI PI PI PI PI
Type II - - - - -
Type III - - - - -
Type IV - - - - -
Community Assembly - U U S S
Construction Sales - - - - -
Construction Services See categories below
Light - - - - -
Heavy - - - - -
Crop Production P P P P P
ATTACHMENT B
Item 7.4
Mountain House Page 292 of 846
83 Cultural and Library Services - - U S S
Custom Agricultural
Manufacturing
- - - - -
Custom Manufacturing - - - - -
Dairies - - - - -
Eating Establishments See categories below
Convenience - - - - -
Full-service - - - - -
Educational Services See categories below
Commercial - - - - -
General U U U U U
Equipment Sales and Repair See categories below
Farm Machinery, Sales - - - - -
Farm Machinery, Repair - - - - -
Heavy Equipment - - - - -
Leisure - - - - -
Aircraft - - - - -
Explosives Handling - - - - -
Farm Services - - - - -
Funeral and Interment
Services
See categories below
Cemeteries - - - - -
Interring and Cremating - - - - -
Undertaking - - - - -
Gasoline Sales See categories below
Service - - - - -
Combination - - - - -
General Industrial See categories below
Limited - - - - -
Intermediate - - - - -
Heavy - - - - -
Hazardous Industrial - - - - -
High Technology Industry - - - - -
Laundry Services - - - - -
Liquor Sales See categories below
On-Premises, General - - - - -
On-Premises, Limited - - - - -
Off-Premises - - - - -
Lodging Services See categories below
Bed and Breakfast U U S S S
Motel - - - - -
Major Impact Services - - - - -
Medical Services - - - U U
ATTACHMENT B
Item 7.4
Mountain House Page 293 of 846
84 Nursery Sales and Services See categories below
Wholesale - - - - -
Retail - - - - -
Landscaping Services - - - - -
Personal Storage - - - - -
Petroleum and Gas Extraction U U U U U
Produce Sales See categories below
Farm Produce Stands - - - - -
Farm Markets - - - - -
Professional Services - - - U U
Public Services See categories below
Administrative - - - U U
Essential U U U U U
Quarry Operations - - - - -
Recreation See categories below
Campgrounds - - - - -
Indoor Participant - - - - -
Indoor Spectator - - - - -
Marinas - - - - -
Outdoor Entertainment,
Large Scale
- - - - -
Outdoor Entertainment,
Small
- - - - -
Outdoor Sports Clubs - - - - -
Parks S S S S S
Resorts - - - - -
Nature Preserves - - - - -
Recycling Services See categories below
Consumer - - - - -
Scrap Operations - - - - -
Religious Assembly See categories below
Neighborhood S S S S S
Community U U U U U
Regional - - - - -
Research and Laboratory
Services
- - - - -
Retail Sales and Services See categories below
Primary - - - - -
Intermediate - - - - -
General - - - - -
Signs, Off-premises - - - - -
Stables See categories below
Neighborhood U - - - -
ATTACHMENT B
Item 7.4
Mountain House Page 294 of 846
85 Commercial - - - - -
Transportation Services - - - - -
Truck Sales and Services See categories below
Parking - - - - -
Cleaning - - - - -
Stops - - - - -
Repairs - - - - -
Sales - - - - -
Terminals - - - - -
Utility Services See categories below
Minor P P P P P
Major - - - - -
Wholesaling and Distribution See categories below
Light - - - - -
Heavy - - - - - 1
Applies within Specific Plan III area of Mountain House.
TABLE 9-3-2.2 ACCESSORY USES AND STRUCTURES IN RESIDENTIAL ZONES Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
- Use Not Permitted
SD Use Permitted Subject to Second-Unit Dwelling Permit HO Use Permitted Subject to Home Occupation P Accessory Use or
Structure
Residential
Zone R-VL
Residential
Zone R-L
Residential
Zone R-M
Residential
Zone R-MH
Antennae, Radio/TV
Dish
P P P P
Barn P - - -
Biomass Energy
Production for use onpremises
- - - -
Boathouse, Private
(one/lot)
P (-2 ) P (-2 ) S (-2 ) S (-2 )
Coop P - - -
Dock, Private (one/lot) P (-2 ) P (-2 ) S (-2 ) S (-2 ) Farm Employee Housing - - - -
Firewood Sales, grown
on-site or within a five
(5) mile radius of the
premises
- - - -
Garage, Private (up to
three (3) vehicles)
P P P P
ATTACHMENT B
Item 7.4
Mountain House Page 295 of 846
86 Greenhouse, Private P P P S
Guesthouse P (-2 ) P (-2 ) P (-2 ) -
Home Occupation HO HO HO HO
Horse Raising S - - -
Packing Shed, Private - - - -
Playhouse, Children’s P P P P
Pump/Pumphouse P - - -
Second Unit Dwelling SD1 SD1 SD1 SD1, 2
Silo - - - -
Stable, Private P - - -
Storage Building, Private P P P S (P2 )
Swimming Pool &
Equipment
P P P P
Truck Parking
(Agricultural)
- - - -
Water Storage Facility - - - -
Wind Machine, Private S - - -
Workshop/Hobby Shop P P P -
1 Second Unit Dwelling Permit not required if the second unit dwelling is designated on an approved ten 2 Applies within Specific Plan III area of Mountain House.
TABLE 9-3-2.4 TEMPORARY USES AND STRUCTURES IN RESIDENTIAL ZONES Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
- Use Not Permitted
Temporary Use or
Structure
Residential
Zone R-VL
Residential
Zone R-L
Residential
Zone R-M
Residential
Zone R-MH
Auction, Agricultural
Machinery
- - - -
Auction, Livestock - - - -
Batch Plant - - - -
Boutique Sales (limit
of two (2) per year)
P P P P
Carnival/Circus - - - -
Christmas Tree Sales - (S1 ) - - -
Corporation Yard - S S S
Garage Sales (limit of
two (2) per year)
P P P P
ATTACHMENT B
Item 7.4
Mountain House Page 296 of 846
87 Halloween Pumpkin
Sales
- - - -
Motion Picture
Filming
P P P P
Special Event - - - PI
Subdivision Sales
Office
PI PI PI PI
Temporary Building
Incidental to
Construction Works
P P P P
Temporary Mobile
home
P P P P
Tent Revival - - - - 1
Applies within Specific Plan III area of Mountain House.
CHAPTER 3. RESIDENTIAL ZONES: LOT AND STRUCTURE REGULATIONS 9-3-301 Intent.
The intent of this Chapter is to regulate the size and width of lots, the location and height of structures on lots, and the physical character and intensity of lot usage within the residential zones, consistent with the policies and principles of the General Plan. 9-3-302 Reserved.
9-3-303 Lot Size.
Minimum lot size by residential zone shall be as set forth in Table 9-3-3.2, as modified by Table 9-3-3.3, for the Specific Plan III area and as set forth in Table 9-3-2.1 unless otherwise specified for other areas of Mountain House.
(a) Major or Minor Subdivisions. For Major and Minor Subdivision applications, the size of individual lots may be reduced to ninety percent (90%) of the minimum lot size required by Table 9-3-3.2 for the Specific Plan III area and by Table 9-3-3.1 for other areas, provided Master Plan density requirements are met.
(b) Affordable Housing. Lot size exceptions for projects providing affordable housing shall be as specified in the Development Title. 9-3-304 Lot Width.
Unless otherwise specified, lots within residential zones shall have a width as specified in Table 9-3-3.2 for the Specific Plan III area and in Table 9-3-3.1 for other areas. (a) Major or Minor Subdivision. Minimum lot width for individual lots may be reduced five (5) feet from the required minimum, provided the average lot width in the proposed subdivision is at least equal to the minimum lot width required. (b) Affordable Housing. Lot width exceptions for projects providing affordable housing shall be as specified in the Development Title.
ATTACHMENT B
Item 7.4
Mountain House Page 297 of 846
88 9-3-305 Setbacks.
Buildings and structures within the Specific Plan III area of Mountain House shall meet the setback requirements specified in Table 9-3-3.2, except as noted in Table 9-3-3.3. For other areas of Mountain House, unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-3-3.1. For lots located within the R-M zone and within a tract for which a Model Home Master Plan has been approved, the setback and structure standards specified in Table 9-3-3.2 for lots within the Specific Plan III area and in Table 9-3-3.1 for other areas for lots with an area of less than thirty-six hundred (3,600) square feet shall be applicable to all lots in the tract if at least one (1) of the residential lots has an area of less than thirty-six hundred (3,600) square feet.
(a) Front, Side, and Rear Setback Exceptions.
(1) Structures on lots zoned R-MH or R-H, or designated R/MH or R/H on the Master Plan, shall increase the minimum setback by five (5) feet for each story over the first story when adjacent to arterial roads or lots designated R/VL, R/L or R/M on the Master Plan. (2) For side yards, the following setbacks shall be applicable, provided coverage requirements as specified in Table 9-3-3.1 are met:
(A) The side setback in the R-L, R-M and R-MH zones may be reduced to zero (0) feet along the common wall in a zero lot-line residential project or where the distance between the building on the subject lot and the building on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.
(B) For lots less than fifty-one (51) feet in width, the side setback shall equal ten percent (10%) of the smallest lot width within said Tract, but in no case shall the side setback be less than three (3) feet.
(3) For single story accessory buildings located in the rear third of the parcel, the rear setback may be reduced to zero (0) feet where the distance between the accessory structure on the subject lot and the structure on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.
(4) For corner lots, the following setbacks shall be applicable, provided coverage requirements as specified in Table 9-3-3.1 are met:
(A) For corner lots zoned R-L the minimum streetside side setback shall be ten (10) feet.
(B) For corner lots zoned R-M less than fifty-one (51) feet in width, the minimum streetside side setback shall be five (5) feet, plus an additional ten percent (10%) of the smallest lot width within said Tract, but in no case shall be less than nine (9) feet. (C) For corner lots zoned R-M, greater than or equal to fifty-one (51) feet in width, the minimum streetside setback shall be ten (10) feet.
(D) For reverse corner lots, the side setback requirement shall be applied to the rear setback.
(E) For corner lots within Tract 3202, the rear setback shall be ten (10) feet. (5) For buildings with common automobile or pedestrian access, except where a building is adjacent to a public street, front and rear setbacks may, with the Director’s approval, be reduced, provided that minimum building separations per Table 9-3-3.1 are maintained. (6) For single-family homes with common automobile or pedestrian access in the RMH zone, the rear setback for lots backing onto a public street may be reduced to five (5) feet, provided that minimum building separations as specified in Table 9-3-3.1 are maintained.
ATTACHMENT B
Item 7.4
Mountain House Page 298 of 846
89 (7) For lots located within the R-M zone, the minimum building separation for all lots shall be twenty percent (20%) of smallest lot width within the tract, but in no case shall be less than six (6) feet.
(8) For lots zoned R-L less than one hundred (100) feet in depth, the minimum front and rear setback shall be fifteen (15) feet.
(b) Setback Exceptions for Specified Streets.
(1) Great Valley Parkway. Dwellings shall maintain a minimum setback of one hundred (100) feet from the Community Boundary.
(2) I-205. Dwellings shall maintain a minimum setback from I-205 as specified in the Master Plan.
(c) Setback Exceptions for Garages.
(1) The minimum front setback for garages with doors facing the local, collector or arterial streets shall be five (5) feet behind the primary living area of the main structure. (2) The minimum setback for side entry garages, including a side entry garage with a second unit dwelling located over said garage, shall be twenty-five (25) feet in the R-VL zone and ten (10) feet for all other residential zones.
(3) For garages served by common driveways, auto courts or alleys, garage setbacks may, subject to Director approval, be reduced provided that a minimum building separation of twenty (20) feet is maintained between the subject garage and the building across the common driveway, and consistency with Subsection (c)(1) is maintained. (4) For single story garages located in the rear third of the parcel that includes either one (1) space of a total three (3) car garage or both spaces of a two (2) car garage, the rear setback may be reduced to zero (0) feet where the distance between said garage on the subject lot and the structure on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.
(d) Setback Exceptions for Off-Street Parking Areas.
(1) Reserved.
(2) The minimum setback for off-street parking areas in the R-MH and R-H zones shall be fifteen (15) feet from any adjacent street; ten (10) feet from any adjacent lot zoned RVL, R-L or R-M; and five (5) feet from any side or rear property line not abutting a street or lot zoned R-VL, R-L or R-M.
(e) Setback Exceptions for Other Specified Structures.
(1) Fire Escapes. Fire escapes shall not extend or project more than four (4) feet beyond the setback line.
(2) Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by a roof or canopy, shall not extend or project more than four (4) feet beyond the side or rear setback line, and shall not extend or project more than thirty (30) inches beyond the front setback line.
(3) Porches. Porches, platforms or landing places which do not extend above the level of the first floor of the building may extend six (6) feet in the R-M zone or eight (8) feet in the R-L and R-VL zones into any setback adjacent to a public street, but must maintain a minimum four (4) feet setback from the property line. Any open work railing, no more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place.
(4) Patio Covers. Patio covers, as defined by Chapter 49 of the Uniform Building Code, may be located within three (3) feet of the rear or interior side property line.
ATTACHMENT B
Item 7.4
Mountain House Page 299 of 846
90 (5) Eaves, Roof Overhangs and Similar Features. Eaves, roof overhangs and other similar architectural features may extend or project up to:
(A) Thirty (30) inches beyond the setback line, provided said architectural feature is no closer than thirty (30) inches to the property line where the setback requirement is ten (10) feet or less;
(B) Four (4) feet beyond the setback line, where the setback requirement is more than ten (10) feet.
(6) Fireplaces, Air Conditioning Equipment, Water Softener Units. Fireplaces, air conditioning units and water softening units may extend or project up to thirty (30) inches beyond the setback line, provided said structure is no closer than thirty (30) inches to the property line.
(7) Pools. Pools shall not be located closer than three (3) feet from any side or rear property line. On corner lots, pools shall be located no closer to the street than the setback specified for that residential zone.
(8) Non-Habitable Architectural Features. Non-habitable architectural features may project up to thirty (30) inches into any setback or setback exception, but must maintain a minimum of four (4) feet from the property line when fronting on a public street. (9) Fences.
(A) For corner lots that are not reverse corner lots in the Low Density (R-L) and Medium Density (R-M) residential zones: a fence up to six (6) feet in height may be located five (5) feet from the streetside side property line, provided the fence tie-in to the house along said streetside side yard occurs at a point that is approximately one-half the length of the house, or less, as measured from the rear of the house.
(B) For reverse corner lots in the Low Density (R-L) and Medium Density (R-M) Residential Zones: a fence up to seven (7) feet in height may be permitted in the streetside side yard, provided it is located a minimum of ten (10) feet from the streetside side property line. (C) For side yards that are adjacent to the knuckle of a cul-de-sac in the Low Density (R-L) and Medium Density (R-M) residential zones: a fence up to six (6) feet in height may be permitted, provided it is located a minimum of five (5) feet from said side yard property line. (D) For front yards in all residential zones except the Very Low Density (R-VL) zone:
a fence up to seven (7) feet in height may be permitted, provided it is located a minimum of ten (10) feet from the property line.
(E) For front yards and streetside side yards in the Medium-High Density (R-MH) and High Density (R-H) residential zones: a fence up to seven (7) feet in height may be permitted, provided it is located a minimum of ten (10) feet from the property line. (F) For any required yard in the Very Low Density (R-VL) residential zone: an open fence up to seven (7) feet in height may be permitted.
(G) For corner lots in which the rear yard is adjacent to a street or an alley, a fence up to six (6) feet in height may be located five (5) feet from the streetside side property line. (f) Setback Exceptions for Specified Land Uses or Features. (1) County Line. Dwellings shall maintain a minimum setback from the Alameda County Line as specified in the Master Plan.
(2) Power Line Easements.
(A) Dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement.
ATTACHMENT B
Item 7.4
Mountain House Page 300 of 846
91 (B) School sites shall maintain a minimum setback of one hundred (100) feet from a fifty (50) to one hundred thirty-three (133) kV line existing or proposed powerline easement; one hundred fifty (150) feet from a two hundred twenty (220) kV line existing or proposed powerline easement; and three hundred fifty (350) feet from a five hundred (500) to five hundred fifty (550) kV line existing or proposed powerline easement.
(C) Other nonresidential structures shall maintain a minimum of ten (10) feet from the Rio Oso-Tesla powerline easement.
(3) Mountain House Creek Corridor. Buildings shall maintain a minimum setback of fifty (50) feet from the Mountain House Creek Corridor. (4) Wetlands. Buildings and structures shall maintain a minimum setback from wetlands in accordance with the setback requirements for wetlands specified in the Wetlands Management Plan.
(5) Delta-Mendota Canal. Dwellings, excluding garages, shall maintain a minimum setback from the Delta-Mendota Canal as specified in the Master Plan. (g) Affordable Housing. Setback exceptions for projects providing affordable housing shall be those specified in the Development Title. (h) Setback Exceptions for Property Surrounding a Neighborhood Center. The front yard setback for structures on lots zoned R-L may be reduced to fifteen (15) feet, provided said lots surround, or are across from, a Neighborhood Center. (i) Setback Exceptions for Residential Lots on Central Parkway. For residential lots in the R-L zone that front on Central Parkway, the front yard setback may be reduced to fifteen (15) feet and the rear yard setback may be reduced to fifteen (15) feet. (j) Minimum Driveway Length. For all residential lots, other than those excepted under subdivision (a)(5) of this section, the minimum setback to any garage that faces the street shall be 18 feet.
9-3-306 Height.
Buildings and structures in residential zones within Specific Plan III shall not exceed the maximum building heights specified in Table 9-3-3.2MCP, except as provided below. Buildings and structures in other Mountain House residential zones shall not exceed the maximum building heights specified in Table 9-3-3.1, except as provided below. (a) Parking facilities located below the main structure in the R-H zone. Within the RH zone, one-half (½) additional story may be permitted for parking facilities located below the main structure;
(b) Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; (c) Skylights and chimneys;
(d) Flagpoles;
(e) Church towers/steeples;
(f) Water tanks; and
(g) Homes may have a 3rd level if it is contained within the 2nd level roof and 2nd level roof eave line. Dormers are permitted through the roof envelope for egress and light. 9-3-307 Building Coverage.
Buildings and structures in residential zones within Specific Plan III shall not exceed the maximum building coverage regulations specified in Table 9-3-3.1, except in the following
ATTACHMENT B
Item 7.4
Mountain House Page 301 of 846
92 instances, as applicable. Buildings and structures in other Mountain House residential zones shall not exceed the maximum building coverage regulations specified in Table 9-3-3.1, except in the following instances:
(a) Single-story porches which wrap from the front to the side of the house in the R-L and R-M zoning districts: an area up to twenty percent (20%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage. (b) Total of all porch coverage exceptions shall not exceed twenty percent (20%) of the total building coverage.
(c) Single story front porches in the R-L and R-M zoning districts: an area up to ten percent (10%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage.
(d) Single story rear and side porches in the R-L and R-M zoning districts: for each, an area up to five percent (5%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage. (e) Homes that front on Central Parkway in the R-L zone are allowed a maximum building coverage of fifty percent (50%).
(f) Residential developments providing housing affordable to persons of low and very low-incomes may be permitted to increase building coverage over that specified in Table 9- 3-3.1 as one of several possible bonus incentives permitted by the Development Title. 9-3-308 Minimum Dimensions of Corner Lots.
For corner lots in the Specific Plan III planning area, corner lot dimensions and setbacks shall be as per Table 9-3-3.2. For corner lots in other areas of Mountain House, the following provisions shall be applicable:
(a) For corner lots in the R-L zone, the minimum lot width shall be fifty-five (55) feet.
(b) For corner lots in the R-M zone, the minimum lot width shall be forty-five (45) feet.
(c) For corner lots in the R-MH zone, the minimum lot width shall be forty-five (45) feet.
(d) For corner lots in the R-H zone, the minimum lot widths shall be sixty-five (65) feet.
TABLE 9-3-3.1 LOT AND STRUCTURE STANDARDS1
Zoning
District
Minimum Lot
Size (square
feet)
Minimum Lot
Width (feet)
Maximum
Building
Height (stories)
Maximum Building
Coverage (Percent)
R-VL 15,000 75 2 35 Coverage
R-L 5,000 50 2 50 Coverage;
60 Coverage (for one
story homes)
R-M
(≥3,600
sf)
3,000 40 2 55 Coverage; 65 (for one
story homes)
ATTACHMENT B
Item 7.4
Mountain House Page 302 of 846
93 R-M
(<3,600
sf)
2,000 35 2 75 Coverage
R-MH - - 3 65 Coverage
R-H - - 3 65 Coverage
1 See Sections 9-3-303 through 9-3-308 for exceptions and modifications.
MINIMUM SETBACK REQUIREMENTS 2
Zoning
District
Front Setback
(feet)
Side
Setback
(feet)
Minimum
Building
Separation (feet)
Rear Setback
(feet)
R-VL 25 15 30 25
R-L 20;
15 (for one story
building)
5 10 20;
15 (for one story
homes)
R-M (≥3,600
sf)
15 5 10 15
R-M (<3,600
sf)
10 5 10 10
R-MH 10 5 10 10
R-H 15;
10 (for arterial)
10 20 10
2 Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.
TABLE 9-3-3.2 LOT AND STRUCTURE STANDARDS FOR SPECIFIC PLAN III AREA
R-VL R-L R-M R-M
small
lot1
R-MH R-H
Lot Size (SF)2 15,000 5,000 3,600 2,000 - -
Lot Width (FT)2 75 45 35 30 25 -
Corner Lot Width (FT)2 75 50 40 35 30 -
Lot Depth: Width Ratio - - - - - -
Setbacks2
Front (FT) 25 203 12 10 154 154
Rear (FT) 25 20 15 10 10 10
Side (FT) 15 5 59 49 5 5
Corner Side (FT)11 side
plus 5
side
plus 5
side
plus 5
side
plus 5
side
plus 5
side
plus 5
Building Separation (FT)2 30 10 1010 810 10 20
ATTACHMENT B
Item 7.4
Mountain House Page 303 of 846
94 Max. Building Coverage2 35% 40%5 50% N/A6 65% 65%
Max. Building Height (Stories)2 2 2 2 27 3 3
KEY TO LAND USE REGULATIONS
1 Small lot, lots within subdivision tracts that have a standard lot size of less than 3,600 square feet.
2 Unless otherwise specified, standards are minimums and setbacks shall be measured from the planned ultimate right-of-way width of the roadway as shown on the Master Plan or on any applicable Specific Plan. Setbacks and other criteria shall apply to all new residential lots within the Specific Plan Ill planning area, except where specific lot type/product design criteria have been approved and adopted as part of the College Park Specific Plan Area Design Manual or as part of a Special Purpose Plan.
3 A 15-foot front setback is allowed for single-story homes. 4 A minimum 10-foot front setback is allowed on arterial streets, but the minimum front setback shall be increased by five feet for each story over the first story for structures zoned RMH and R-H adjacent to arterial roads or adjacent to lots designated R/VL, R/L or R/M in the Master Plan.
5 A 50% maximum building coverage is allowed for single-story homes. 6 Building coverage is not limited, buildings must meet all setbacks. At least one (1) plan of the model home master plan may not exceed the square feet of Livable Area set forth in the table below. Where “Standard Lot Size” may not be applicable, average lot size may be substituted for the purposes of calculating the Maximum Livable Area. The mix of plans on a Model Home Master Plan shall conform to plotting criteria set forth in the table below, but in no case shall the plan(s) required to have a Maximum Livable Area as set forth in the table above be plotted on less than 15% of lots within the Model Home Master Plan.
Standard Lot Size Maximum Livable Area
(for one plan)
<3,000 sq. ft. 1,400 sq. ft.
3,000—<3,200 sq. ft. 1,500 sq. ft.
3,200—<3,400 sq. ft. 1,600 sq. ft.
3,400—<3,600 sq. ft. 1,700 sq. ft.
Number of plans
in Model
Home Master Plan
Portion of Model
Home Master Plan
occupied by each plan,
Minimum
Portion of Model
Home Master Plan
occupied by each plan,
Maximum
3 30% 40%
4 20% 35%
5 15% 30%
6 13% 27%
7 11% 24%
8 9% 21%
9 7% 18%
ATTACHMENT B
Item 7.4
Mountain House Page 304 of 846
95 10 5% 15%
7 A third level is allowed if contained within 2nd level roof and 2nd level eave line.
Dormers are permitted through the roof envelope for light and egress. 8 A residential subdivision or development may be approved at a density which exceeds or falls below the density range specified by the Master Plan, provided the subdivision is within the General Plan density range; and that the Master Plan density range for each land use district will be maintained for the neighborhood, or the developer’s aggregate subdivisions for a land use district within Specific Plan III.
9 Side setback equals ten percent (10%) of lot width for those lots with a lot width less than fifty (50) feet wide, but in no case shall be less than three (3) feet. 10 Building separation equals twenty percent (20%) of lot width for those lots with a lot width less than fifty (50) feet wide, but in no case shall be less than six (6) feet. 11 Lots siding on pedestrian paseos, Homeowners’ Association (HOA) landscape parcels or street rights-of-way that include a minimum of five (5) feet of landscaping adjacent to the parcel in question shall not be considered corner lots.
TABLE 9-3-3.3M LOCATION OF FRONT, REAR AND SIDES OF COURT-TYPE LOTS TABLE 9-3-3.3MCP SETBACK EXCEPTIONS FOR SPECIFIC PLAN III AREA
LOT SIZE AND WIDTH EXCEPTIONS
ATTACHMENT B
Item 7.4
Mountain House Page 305 of 846
96 For Major and Minor subdivisions the size of individual lots may be reduced to ninety percent (90%) of the minimum lot size provided Master Plan density requirements are met; and minimum lot width for individual lots may be reduced five (5) feet from the required minimum, provided the average lot width in the proposed subdivision is at least equal to the required minimum lot width.
SIDE AND REAR SETBACKS EXCEPTIONS
The side setback in the R-L, R-M and R-MH zones may be reduced to zero (0) feet along the common wall in a zero lot line residential project or where the distance between the building on the subject lot and the building on the adjacent lot is at least ten (10) feet in the R-L zone and eight (8) feet in the R-M and R-MH zones.
For reverse corner lots, the rear setback shall be the same as the side setback.
For single story garages and accessory buildings located in the rear third of the parcel, the rear setback may be reduced to zero (0) feet where the distance between the garage or accessory structure on the subject lot and the structure on the adjacent lot is at least eight (8) feet.
Rear setbacks on alleys may be reduced to four (4) feet.
SPECIFIC SITUATION SETBACK EXCEPTIONS
I-205 Dwellings shall maintain setback from I-205 as specified in the Master Plan.
County Line Dwellings shall maintain a minimum setback from the Alameda County Line as specified in the Master Plan.
Power Line
Easements
Residential dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement, and non-residential structures shall maintain a ten (10) foot setback from the powerline easement.
DeltaMendota Canal Dwellings, excluding garages, shall maintain a minimum setback from the Delta-Mendota Canal as specified in the Master Plan.
Wetlands Buildings and structures shall maintain a minimum setback from wetlands in accordance with the setback requirements for wetlands specified in the Wetlands Management Plan.
High Pressure
Gas and Oil Line
Easement
Habitable residential structures shall maintain a minimum setback of fifty-eight (58) feet from the edge of the high pressure gas and oil pipeline easement.
Areas
Surrounding
Neighborhood
Centers
The front yard setback on lots zoned R-L may be reduced to fifteen (15) feet, for lots that surround, or are across from, a Neighborhood Center.
GARAGE SETBACK EXCEPTIONS
ATTACHMENT B
Item 7.4
Mountain House Page 306 of 846
97 The minimum setback for garages with doors facing the street shall be five (5) feet behind the building facade of the main structure. The minimum setback for side entry garages shall be twenty-five (25) feet in the R-VL zone and ten (10) feet for all other residential zones.
OFF-STREET PARKING AREA SETBACK EXCEPTIONS
The minimum setback for off-street parking areas for nonresidential use types in the RVL, R-L and R-M zones shall be ten (10) feet from any adjacent street, and five (5) feet from any side or rear property line not abutting a street. The minimum setback for off-street parking areas in the R-MH and R-H zones shall be fifteen (15) feet from any adjacent street; ten (10) feet from any adjacent lot zoned R-VL, R-L or R-M; and five (5) feet from any side or rear property line not abutting a street or lot zoned R-VL, R-L or R-M.
STRUCTURAL FEATURE AND EQUIPMENT SETBACK EXCEPTIONS
Fire Escapes,
Stairways and
Balconies
Fire escapes shall not extend or project more than four (4) feet beyond the setback line. Open, unenclosed stairways, or balconies, shall not extend or project more than four (4) feet beyond the side or rear setback line, and shall not extend or project more than thirty (30) inches beyond the front setback line.
Porches Porches, platforms or landing places which do not extend above the level of the first floor of the building may extend up to six (6) feet in the R-M zone or eight (8) feet in the R-L and R-VL zones into any setback adjacent to a public street but must maintain a minimum four (4) foot setback from the property line. Any open work railing no more than thirty-six (36) inches in height, may be installed or constructed on any such porch, platform or landing place.
Patio Covers Patio covers, as defined by the California Building Code, may be located within three (3) feet of the rear or side property line.
Eaves, Roof
Overhangs,
Fireplaces,
Architectural
Features, Air
Conditioning and
Water Softener
Equipment
Eaves, roof overhangs, non-habitable architectural features, fireplaces, air conditioning units and water softening units may extend or project up to thirty (30) inches beyond the setback line, but no closer than thirty (30) inches to the property line.
Pools Pools shall not be located closer than five (5) feet from any side or rear property line. On corner lots, pools shall be located no closer to the street than the setback specified for that residential zone.
HEIGHT LIMIT EXCEPTIONS
Parking facilities located below the main structure in the R-H zone. Within the R-H zone, one-half (½) additional story may be permitted for parking facilities located below the main structure; penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating
ATTACHMENT B
Item 7.4
Mountain House Page 307 of 846
98 fans or similar equipment required to operate and maintain the building; and skylights and chimneys; flagpoles; church towers/steeples; and watertanks may exceed maximum building heights.
CHAPTER 4. RESIDENTIAL ZONES: DENSITY BONUS
9-3-401 Intent.
The intent of this Chapter is to provide a method by which residential developments which provide affordable housing shall receive a density bonus and incentive pursuant to Section 65915 of the Government Code.
9-3-402 Eligibility.
A residential development is eligible for a density bonus as follows:
(a) Very Low and Low-income Housing and Senior Housing. A residential development is eligible for a twenty (20) percent density bonus if the builder seeks and agrees to construct at least one (1) of the following:
(1) Ten (10) percent of the total units are affordable to low-income households at an affordable rent or affordable ownership cost; or
(2) Five (5) percent of the total units are affordable to very low-income households at an affordable rent or affordable ownership cost; or
(3) A senior citizen housing development, or mobile home park that limits residency based on age requirements for housing for older persons. (b) Moderate Income Housing. A residential development is eligible for a five (5) percent density bonus if the builder seeks and agrees to construct ten (10) percent of the total units as for sale affordable to moderate income households, if the residential development also meets all of the following additional criteria:
(1) The residential development is a common interest development; (2) All the dwelling units in the residential development are offered to the public for purchase; and
(3) The density bonus units are offered for sale at affordable ownership cost. (c) Density Bonus for Land Donation, Child Care Facility, or Condominium Conversion.
(1) A residential development may be eligible for a density bonus for land donation pursuant to the requirements set forth in Government Code Section 65915(g). (2) A residential development that contains a child care facility as defined in Government Code Section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirements set forth in Section 65915(h). (3) Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5. 9-3-403 Additional Density Bonus.
The density bonus for which the residential development is eligible shall increase if the percentage of very low, low, and moderate income units exceeds the base percentage established in Sections 9-3-402(a) and (b), as follows:
(a) Very Low-income Units. For each one (1) percent increase above five (5) percent in the percentage of density bonus units affordable to very low-income households, the density
ATTACHMENT B
Item 7.4
Mountain House Page 308 of 846
99 bonus shall be increased by two and one-half (2.5) percent up to a maximum of thirty-five (35) percent.
(b) Low-income Units. For each one (1) percent increase above ten (10) percent in the percentage of density bonus units affordable to low-income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum of thirty-five (35) percent. (c) Moderate Income For Sale Units. For each one (1) percent increase above ten (10) percent in the percentage for sale density bonus units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five (35) percent.
TABLE 9-3-4.1 DENSITY BONUS SUMMARY
Income Category Min.
% Density
Bonus Units
Bonus
Granted
Add’l
Bonus for
Each 1% Inc.
in Density
Bonus Units
%
Density Bonus
Units Required
for Max. 35%
Bonus
Very Lowincome 5% 20% 2.5% 11%
Low-income 10% 20% 1.5% 20%
Moderate Income
(for sale common interest
development only)
10% 5% 1% 40%
9-3-404 Incentives.
(a) A builder may request incentives pursuant to this section only when the builder is eligible for and receives a density bonus pursuant to Section 9-3-402. A residential development may receive the following number of incentives:
(1) One (1) incentive for a project that includes:
(A) At least five (5) percent of the total units for very low-income households; (B) At least ten (10) percent of the total units for low-income households; or (C) At least ten (10) percent for persons or families of moderate income in a common interest development.
(2) Two (2) incentives for a project that includes:
(A) At least ten (10) percent of the total units for very low-income households; (B) At least twenty (20) percent of the total units for low-income households; or (C) At least twenty (20) percent for persons and families of moderate income in a common interest development.
(3) Three (3) incentives for a project that includes:
(A) At least fifteen (15) percent of the total units for very low-income households; (B) At least thirty (30) percent of the total units for low-income households; or (C) At least thirty (30) percent for persons or families of moderate income in a common interest development.
ATTACHMENT B
Item 7.4
Mountain House Page 309 of 846
100
(b) One (1) or more of the following incentives shall be made available to a builder eligible for incentives, per the requirements in subdivision (a) above, except as provided in Section 9-3-405:
(1) Reduction in setback;
(2) Reduction in lot width;
(3) Reduction in square footage requirements of the lot; (4) Reduction in yard dimensions;
(5) Increase in building height;
(6) Increase in building intensity;
(7) Reduction of ratio of vehicular parking spaces per unit; (8) Reduction in open space requirements; or
(9) Reduction in fees.
(c) In addition to the incentives described above, an applicant for a development that meets the requirements of Section 9-3-402 may request parking standards consistent with Government Code Section 65915.
9-3-405 Written Finding That Incentive Not Necessary.
If the Director concludes that an incentive as specified in Section 9-3-404 is not necessary for affordability of the target units, a written finding stating such shall be made. 9-3-406 Request for Density Bonus.
(a) If a density bonus is desired by the applicant, the applicant shall submit a written request for a density bonus with the application for residential development. (b) A developer may submit a preliminary written proposal pursuant to this section prior to the submittal of any application for residential development. Within 90 days the City shall notify the developer in writing of any additional procedures necessary to comply with this section and Section 65915 of the Government Code.
9-3-407 Guarantees for Continued Affordability.
(a) The developer shall agree to ensure continued affordability of all lower income density bonus units for:
(1) Thirty (30) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; or
(2) Ten (10) years if the City does not grant at least one of the additional incentives and government financing with a longer designated preservation period is not used for the project.
(b) The developer shall enter into an Agreement with City of Mountain House to ensure compliance with the provisions of this section.
CHAPTER 5. RESIDENTIAL ZONES: SINGLE-ROOM OCCUPANCY
9-3-501 Intent.
The intent of this Chapter is to regulate the development and operation of single-room occupancy (SRO) land uses. SRO facilities provide housing opportunities for lower-income individuals, persons with disabilities, seniors, and formerly homeless individuals.
ATTACHMENT B
Item 7.4
Mountain House Page 310 of 846
101
9-3-502 Definitions.
The following definitions apply to this chapter:
(a) Single-Room Occupancy Facility. “Single-room occupancy facility” means any building containing five (5) or more guest rooms or units intended or designed to be used or occupied for sleeping purposes by residents, which is also the primary residence of those residents. The individual units may or may not lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, an SRO facility does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, or hospitals. (b) Single-Room Occupancy Unit. “Single-room occupancy unit” means the guest rooms or units within the single-room occupancy facility intended or designed to be used or occupied for sleeping purposes by residents.
9-3-503 Standards.
(a) Single-Room Occupancy Units. The following standards shall apply to SRO units:
(1) Unit Size. The minimum size of an SRO unit shall be one hundred fifty (150) square feet and the maximum size shall be four hundred (400) square feet. (2) Occupancy. Each SRO unit may house no more than two (2) persons. (3) Bathroom Facilities. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. (4) Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top, or oven. A partial kitchen is missing at least one (1) of these appliances. (5) Closet. Each SRO unit shall have a separate closet. (b) Single-Room Occupancy Facilities. The following standards shall apply to SRO facilities:
(1) Common Area. Ten (10) square feet of interior common space per unit shall be provided, with at least two hundred (200) square feet in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. (2) Bathroom Facilities. If a full bathroom facility is not provided within each SRO unit, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one (1) full bathroom per floor. The shared bathroom facility shall be accessible from a common area or hallway. (3) Kitchen Facilities. If a full kitchen is not provided within each SRO unit, common kitchen facilities shall be provided with at least one (1) full kitchen per floor. (4) Laundry Facilities. Laundry facilities shall be provided in a separate room with at least one (1) washer and dryer per floor.
(5) Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.
ATTACHMENT B
Item 7.4
Mountain House Page 311 of 846
102
DIVISION 4. COMMERCIAL ZONES
CHAPTER 1. COMMERCIAL ZONES: INTENT AND ORGANIZATION
9-4-101 Title and Intent.
Division 4 constitutes the commercial zones. The intent of this Division is to prescribe use, lot, and structure regulations for commercial zones within the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the commercial zones are as follows:
(a) C-N Zone. The Neighborhood Commercial (C-N) Zone is intended to provide for the development of small, localized retail and service businesses which serve the immediate, surrounding residential neighborhood of three thousand (3,000) to five thousand (5,000) people.
This zone is intended to implement the Neighborhood Commercial land use designation of the General Plan.
(b) C-C Zone. The Community Commercial (C-C) Zone is intended to provide for the development, within central business districts or extensive commercial areas, of a full range of retail and service establishments, allowing comparison shopping and providing goods and services necessary to supply the general or commercial needs of urban communities or regional markets. This zone is intended to implement the Community Commercial land use designation of the General Plan.
(c) C-O Zone. The Office Commercial (C-O) Zone is intended to accommodate professional and other offices located adjacent to Medium High and High Density Residential Zones or commercial zones where professional services would most likely find demand. This zone is intended to implement the Office Commercial land use designation of the General Plan. (d) C-G Zone. The General Commercial (C-G) Zone is intended to provide for commercial areas that offer a wide variety of specialized retail and service uses which are normally developed as a separate individual entity rather than as part of a cluster of uses, serve urban communities or regional markets, require large amounts of land, and which may necessitate special purpose trips by consumers. This zone is intended to implement the General Commercial land use designation of the General Plan.
(e) C-FS Zone. The Freeway Service Commercial (C-FS) Zone is intended to provide for commercial uses adjacent to full freeway interchanges oriented almost exclusively to serve the needs of the highway traveler. The concurrent filing of a Special Purpose Plan may be required for all parcels to be zoned C-FS. This zone is intended to implement the Freeway Service land use designation of the General Plan.
(f) C-R Zone. The Commercial Recreation (C-R) Zone is intended to provide areas for major recreation oriented commercial activities and associated facilities. The concurrent filing of a Special Purpose Plan may be required for all parcels to be zoned C-R. This zone is intended to implement the Commercial Recreation land use designation of the General Plan. 9-4-102 Organization.
Division 4 consists of the following chapters:
(a) 9-400 Commercial Zones: Intent and Organization; 9-405 Commercial Zones:
Use Regulations; and
(b) 9-410 Commercial Zones: Lot and Structure Regulations.
ATTACHMENT B
Item 7.4
Mountain House Page 312 of 846
103
CHAPTER 2. COMMERCIAL ZONES: USE REGULATIONS
9-4-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed in the commercial zones, consistent with the policies of the General Plan. 9-4-202 Permitted Use Types.
Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-4-2.1.
9-4-203 Expansion of Uses and Structures.
Uses or structures that require discretionary review may be expanded with an Improvement Plan, provided the following conditions are met:
(a) The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and (b) The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and
(c) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and
(d) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-4-
2.1. 9-4-204 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-4-2.2. Temporary uses or structures not specifically listed in Table 9-4-
2.2 may be allowed, subject to approval of an Improvement Plan. 9-4-205 Special Use Regulations.
In addition to the provisions specified in the development title, the following provisions shall be applicable:
(a) Medical Services Use Type.
(1) Medical offices shall be designed and configured to appear as office type uses in those commercial zones where they are allowed.
(2) Urgent care centers, and other facilities included under the medical services use type that provides emergency medical care, shall be situated on and accessed from arterial roadways. Said facilities shall be separated from residential and other sensitive land uses by means of an arterial roadway, landscape easement or other effective buffer. (b) Public Services: Essential, Use Type.
(1) Hospitals shall not be allowed in the C-FS zone.
(2) Hospitals shall be situated on and accessed from arterial roadways. Said facilities shall be separated from residential and other sensitive land uses by means of an arterial roadway, landscape easement or other effective buffer.
ATTACHMENT B
Item 7.4
Mountain House Page 313 of 846
104
(c) Commercial Buildings in Neighborhood Commercial (C-N) Zones. If the Director determines that the uses and architectural, siting, and other issues associated with a commercial building of a proposed application have been addressed by an existing Special Purpose Plan or Specific Plan, an Improvement Plan may be allowed for said commercial building in lieu of the permit type specified in Table 9-4-2.1. (1) New commercial buildings not included in an existing Special Purpose Plan or Specific Plan shall be subject to the permit type specified in Table 9-4-2.1. (2) A building expansion of an existing commercial building which has been included in an existing Special Purpose Plan or Specific Plan may be allowed subject to an Improvement Plan, provided the building expansion involves less than a twenty-five percent (25%) increase in floor area covered by the existing commercial building. If said expansion is twenty-five percent (25%) or more of the floor area covered by the existing commercial building, the expansion shall be subject to Site Approval.
9-4-206 Enterprise Zones.
Applications for commercial development projects located in an Enterprise Zone, as designated by the State of California, normally processed under the Public Hearing Review Procedure in Chapter 5 of Division 2, shall be processed under the Staff Review With Notice Procedure in Chapter 4 of Division 2.
9-4-207 Design Guidelines.
Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.
TABLE 9-4-2.1 USES IN COMMERCIAL ZONES
Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
U Use Permitted Subject to Use Permit
- Use Not Permitted
Use Types CN CC CO CG CFS CR
Residential Use Types
Family
Residential
See categories below
Single-Family - - - - - -
Two-Family - - - - - -
Small
Multifamily
- - - - - -
Large
Multifamily
- - - - - -
Farm Employee
Housing
See categories below
Small - - - - - -
ATTACHMENT B
Item 7.4
Mountain House Page 314 of 846
105
Large - - - - - -
Group Care See categories below
Small P P P P P -
Large - PI PI PI - -
Adult Day Care U U - U - -
Group
Residential
- - - - - -
Mobile Home
Park
- - - - - -
Emergency
Shelters:
See categories below
Small - - P P - -
Medium - - P P - -
Large - - PI PI - -
Nonresidential Use
Administrative
Offices
S PI PI PI - -
Administrative
Support Services
S PI PI PI - -
Adult
Entertainment
- - S
(-1 )
S - -
Aerial Services See categories below
Farm - - - - - -
Heliport - - S S - -
Agricultural
Organizations
S PI PI PI - -
Agricultural
Processing
See categories below
Preparation
Services
- - - - - -
Food
Manufacturing
- - - - - -
Agricultural
Sales
See categories below
Feed and Grain - - - U - -
Agricultural
Chemical
- - - - - -
Agricultural
Warehousing
- - - - - -
Agricultural
Wastes
- - - - - -
Animal Feeding
and Sales
- - - - - -
Animal Raising See categories below
ATTACHMENT B
Item 7.4
Mountain House Page 315 of 846
106
Exotic Animals - - - - - -
General - - - - - -
Hogs - - - - - -
Small Animals - - - - - -
Family Food
Production
- - - - - -
Educational
Animal Project
- - - - - -
Zoo - - - - - U
Petting Zoo
Animal
Specialty Services
See categories below
Farm - - - - - -
Pet S S - S - -
Kennel - - - U - -
Kennel, Small
Breeding
- - - U - -
Auction Sales See categories below
Indoor - S S S - -
Outdoor - - - S - -
Automotive
Sales and Services
See categories below
Automotive
Rentals
- S - S P -
Automotive
Repairs, Light
- S - S S -
Automotive
Repairs, Heavy
- - - - - -
Automotive
Sales
- - - S U -
Cleaning - S - S S -
Inoperable
Vehicle Storage
- - - - - -
Operable
Vehicle Storage
- - - S - -
Parking S S S S S -
Building
Maintenance Services
- PI - PI - -
Child Care
Services
See categories below
Family Day
Care Homes
P P P P P -
Child Care
Centers
S S S S S U
ATTACHMENT B
Item 7.4
Mountain House Page 316 of 846
107
Commercial
Cannabis
See categories below
Cultivation - - - - - -
Distribution - - - - - -
Manufacturing - - - - - -
Non-Storefront
(Delivery) Retail Sales
- - - - - -
Laboratory
Testing
- - - - - -
Communications
Services
See categories below
Type I PI PI PI PI PI -
Type II - - - - - -
Type III - - - - - -
Type IV - -S S PI - -
Community
Assembly
S S S S - -
Construction
Sales
- U - PI - -
Construction
Services
See categories below
Light - - - S - -
Heavy - - - - - -
Crop Production P P P P P -
Cultural and
Library Services
S PI PI PI - -
Custom
Agricultural
Manufacturing
- - - - - -
Custom
Manufacturing
- PI - PI - -
Dairies - - - - - -
Eating
Establishments
See categories below
Convenience S PI PI PI S U
Full-service S PI PI PI S U
Educational
Services
Commercial S S S S - -
General S S S S - -
Equipment Sales
and Repair
See categories below
Farm
Machinery, Sales
- - - - - -
ATTACHMENT B
Item 7.4
Mountain House Page 317 of 846
108
Farm
Machinery, Repair
- - - - - -
Heavy
Equipment
- - - - - -
Leisure - - - S - -
Aircraft - - - - - -
Explosives
Handling
- - - - - -
Farm Services - - - - - -
Funeral and
Interment Services
See categories below
Cemeteries - - - - - -
Interring and
Cremating
- - - S - -
Undertaking - PI - PI - -
Gasoline Sales See categories below
Service - S - S S -
Combination - S - S S -
General
Industrial
See categories below
Limited - - - - - -
Intermediate - - - - - -
Heavy - - - - - -
Hazardous
Industrial
- - - - - -
High
Technology Industry
- - - - - -
Laundry
Services
- - - S - -
Liquor Sales
On-Premises,
General
- U - U - -
On-Premises,
Limited
S S S S S -
Off-Premises S PI - PI - -
Lodging
Services
See categories below
Bed and
Breakfast
- - - - - -
Motel - S - S S -
Major Impact
Services
- - - - - -
Medical
Services
S PI PI PI - -
ATTACHMENT B
Item 7.4
Mountain House Page 318 of 846
109
Nursery Sales
and Services
See categories below
Wholesale - - - S - -
Retail S PI - PI - -
Landscaping
Services
- S - S - -
Personal Storage - S - PI - -
Petroleum and
Gas Extraction
U U U U U U
Produce Sales See categories below
Farm Produce
Stands
S PI - PI PI -
Farm Markets S PI PI PI S -
Professional
Services
S PI PI PI - -
Public Services See categories below
Administrative S PI PI PI PI -
Essential S S S S S S
Quarry
Operations
- - - - - -
Recreation See categories below
Campgrounds - - - - - -
Indoor
Participant
S S - S - -
Indoor
Spectator
- U - U - -
Marinas - U - U - -
Outdoor
Entertainment, Large
Scale
- U - U - -
Outdoor
Entertainment, Small
S S - S - PI
Outdoor Sports
Clubs
- S - - - -
Parks - S S S S PI
Resorts - - - - - -
Nature
Preserves
- - - - - S
Recycling
Services
See categories below
Consumer S PI - PI PI -
Scrap
Operations
- - - - - -
ATTACHMENT B
Item 7.4
Mountain House Page 319 of 846
110
Religious
Assembly
See categories below
Neighborhood S S -
(S1 )
S - -
Community -
(U1 )
U -
(U1 )
U - -
Regional - U - U - -
Research and
Laboratory Services
- - - S - -
Retail Sales and
Services
See categories below
Primary S PI PI PI S -
Intermediate S PI - PI - -
General - S - S - -
Signs, Offpremises - - - - - -
Stables See categories below
Neighborhood - - - - - -
Commercial - - - - - -
Transportation
Services
- - - S - -
Truck Sales and
Services
See categories below
Parking - - - - - -
Cleaning - - - - - -
Stops - - - - - -
Repairs - - - - - -
Sales - - - - - -
Terminals - - - - - -
Utility Services See categories below
Minor PI PI PI PI PI PI
Major - - - - - -
Wholesaling and
Distribution
See categories below
Light - - - S - -
Heavy - - - - - -
1 APPLIES WITHIN SPECIFIC PLAN III AREA OF MOUNTAIN HOUSE.
TABLE 9-4-2.2 TEMPORARY USES AND STRUCTURES IN COMMERCIAL ZONES Legend:
P Permitted Use
ATTACHMENT B
Item 7.4
Mountain House Page 320 of 846
111
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
- Use Not Permitted
Tempor
ary Use or
Structure
Com
mercial
Zone C-N
Com
mercial
Zone C-C
Com
mercial
Zone C-O
Com
mercial
Zone C-G
Com
mercial
Zone C-FS
Auction
, Agricultural
Machinery
- S - S -
Auction
, Livestock
- - - - -
Batch
Plant
- - - - -
Boutiqu
e Sales
(limit of two
(2) per year)
P P P P P
Carniva
l/Circus
- S S S S
Christm
as Tree Sales
PI PI PI PI PI
Corpora
tion Yard
S S S S S
Garage
Sales
(limit of four
(4) per year
within Specific
Plan III, two
(2) per year in
other areas)
P P P P P
Hallow
een Pumpkin
Sales
PI PI PI PI PI
Motion
Picture Filming
P P P P P
Special
Event
Special
Outdoor Event
PI PI PI PI PI
Special
Indoor Event
PI PI PI PI PI
Subdivi
sion Sales
Office
PI PI PI PI PI
ATTACHMENT B
Item 7.4
Mountain House Page 321 of 846
112
Tempor
ary Building
Incidental to
Construction
Works
P P P P P
Tempor
ary Mobile
home
- - - - -
Tent
Revival
- S - S -
CHAPTER 3. COMMERCIAL ZONES: LOT AND STRUCTURE REGULATIONS 9-4-301 Intent.
The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the commercial zones consistent with the policies and principles of the General Plan.
9-4-302 Reserved.
9-4-303 Lot Area.
Lots within the commercial zones shall have the minimum areas set forth in Table 9-4-
3.1, except for the following modification: When a subject lot is zoned General Commercial (CG) and that lot is located adjacent to property with residential zoning or property shown on the General Plan Map for residential development, it shall have an area of not less than one-half (½) acre.
9-4-304 Lot Width.
Lots within the commercial zones shall meet the minimum lot width set forth in Table 9- 4-3.1, except for the following modification: When a subject lot is zoned General Commercial (C-G) and that lot is located adjacent to property with residential zoning or property shown on the General Plan Map for residential development, it shall have a lot width of not less than one hundred twenty-five (125) feet of frontage on a public street. 9-4-305 Setbacks.
Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-4-3.1. Said setback requirements and the following exceptions shall replace the chapter concerning yards and the general provisions concerning yard dimensions in the development title (Chapter 3 of Division 10).
(a) Side and Rear Setback Exceptions. Buildings on lots zoned or designated on the Master Plan for commercial use shall maintain a forty-five degree (45°) clear setback when adjacent to lots zoned or designated on the Master Plan for residential use. (b) Setback Exceptions for Specified Streets and Street Types.
ATTACHMENT B
Item 7.4
Mountain House Page 322 of 846
113
(1) The minimum setback from I-205 and from Patterson Pass Road shall be as specified in the Master Plan.
(2) The minimum setback from an adjacent arterial street in the C-N and C-C zones shall be twenty (20) feet for build without entries for the general public, and for service and loading areas.
(3) The minimum setback from an adjacent collector street shall be ten (10) feet in the C-N zone, and twenty (20) feet in the C-C zone, for building facades without entries for the general public, and for service and loading areas.
(c) Setback Exceptions for Off-Street Parking Areas.
(1) The minimum setback for off-street parking areas adjacent to streets shall be twenty (20) feet, except in the following instances:
(A) In the C-N zone, the minimum setback shall be ten (10) feet; (B) Along Patterson Pass Road, the minimum setback shall be thirty (30) feet. (2) The minimum setback for off-street parking areas adjacent to lots zoned or designated on the Master Plan for residential use shall be ten (10) feet. (3) The minimum side and rear setback for off-street parking areas in the C-O and CFS zones shall be five (5) feet. (d) Setback Exceptions for Other Specified Structures.
(1) Fire Escapes. Fire escapes shall not extend or project more than four (4) feet beyond the setback line.
(2) Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by a roof or canopy, shall not extend or project more than four (4) feet beyond the side or rear setback line, and shall not extend or project more than thirty (30) inches beyond the front setback line.
(3) Porches. Porches, platforms or landing places which do not extend above the level of the first floor of the building shall not extend or project more than five (5) feet beyond the setback line; however, any open work railing, no more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place. (4) Patio Covers. Patio covers, as defined by Chapter 49 of the Uniform Building Code, may be located within three (3) feet of the rear or side property line. (5) Eaves, Roof Overhangs and Similar Features. Eaves, roof overhangs and other similar architectural features may extend or project up to:
(A) Thirty (30) inches beyond the setback line, provided said architectural feature is no closer than thirty (30) inches to the property line where the setback requirement is ten (10) feet or less;
(B) Ten (10) feet beyond the setback line, where the setback requirement is more than ten (10) feet.
(6) Fireplaces, Air Conditioning Equipment, Water Softener Units. Fireplaces, air conditioning units and water softening units may extend or project up to thirty (30) inches beyond the setback line, provided said structure is no closer than thirty (30) inches to the property line.
(7) Pools. Pools shall not be located closer than three (3) feet from any side or rear property line.
(e) Setback Exceptions for Specified Land Uses or Features. (1) County Line. Dwellings and nonresidential buildings shall maintain a minimum setback from the Alameda County Line as specified in the Master Plan.
ATTACHMENT B
Item 7.4
Mountain House Page 323 of 846
114
(2) Power Line Easements. Dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement. Non-residential structures shall maintain a minimum setback of ten (10) feet from the Rio Oso-Tesla powerline easement. (3) Mountain House Creek Corridor. Buildings shall maintain a minimum setback of fifty (50) feet from the Mountain House Creek Corridor. (4) Wetlands. Buildings and structures shall maintain a minimum setback from wetlands in accordance with the setback requirements for wetlands specified in the Wetlands Management Plan.
9-4-306 Height.
Buildings and structures in commercial zones shall not exceed the maximum building heights specified in Table 9-4-3.1, except as provided below:
(a) Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; (b) Skylights and chimneys;
(c) Flagpoles; and
(d) Church towers/steeples.
9-4-307 Building Coverage.
The maximum building coverage by zone for buildings and structures shall be as set out in Table 9-4-3.1.
9-4-308 Access.
All principal uses in the commercial zones shall have access to a City maintained road. 9-4-309 Minimum Dimensions of Corner Lots.
For corner lots proposed after the adoption of this Title:
(a) The minimum width shall be sixty-five (65) feet, and (b) The minimum depth shall be sixty-five (65) feet.
TABLE 9-4-3.1 LOT AND STRUCTURE STANDARDS*
Zoning District Minimum Lot
Size (square
feet)
Minimum Lot
Width (feet)
Maximum
Building Height
(stories)
Maximum Bldg
Coverage
(Percent)
C-N - 50 (-1 ) 2 60
C-C - 50 3 60
C-O 5,000 50 (-1 ) 3 60
C-G - 50 3 60
C-FS - 50 5 60
SETBACK REQUIREMENTS**
Zoning District Arterial Street
(feet)
Collector and
Local Streets
(feet)
Side Setback
(feet)
Rear Setback
(feet)
ATTACHMENT B
Item 7.4
Mountain House Page 324 of 846
115
C-N 0 0 - -
C-C 0 0 - -
C-O 20 (101 ) 20 (101 ) 20 (101, 2 ) 15 (101 )
C-G 20 20 - -
C-FS 30 20 20 20
* See Sections 9-4-303 through 9-4-307 for exceptions and modifications. ** Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.
Notes: Refer to Table 9-4-3.1 for depth to width ratio. Table 9-4-3.1 does not apply within Specific Plan III area of Mountain House.
1 Applies within Specific Plan III area of Mountain House. 2 Side setback for C-O is 20′ for the streetside side of corner lots in Specific Plan III area.
DIVISION 5. INDUSTRIAL ZONES
CHAPTER 1. INDUSTRIAL ZONES: INTENT AND ORGANIZATION
9-5-101 Title and Intent.
Division 5 constitutes the industrial zones. The intent of this Division is to prescribe use, lot, and structure regulations for industrial zones in the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the industrial zones are as follows:
(a) I-P Zone. The Industrial Park (I-P) Zone is intended to allow for the development of a combination of corporate offices, warehousing, light manufacturing, wholesaling, and professional offices, as well as the services necessary to support those uses. Design and development within this zone, enforced through the use of covenants, conditions, and restrictions (CC&R), should be such as to allow location near planned or existing residential zones with a minimum of environmental conflict. This zone is intended to implement the Limited Industrial land use category of the General Plan.
(b) I-L Zone. The Limited Industrial (I-L) Zone is intended to provide for light impact manufacturing, warehousing, wholesaling, construction contracting, and distribution uses.
Activities within this zone have external physical effects that are generally restricted to the immediate area, are compatible with surrounding uses, are conducted entirely within enclosed buildings, and have outdoor storage areas that are screened. Business and professional offices may also be appropriate within this zone. This zone is intended to implement the Limited Industrial land use category of the General Plan.
(c) I-G Zone. The General Industrial (I-G) Zone provides for a wide range of manufacturing, distribution, and storage uses. Uses within this zone tend to have moderate to high nuisance characteristics, such as noise, heat, glare, odor, and vibration, requiring segregation from other land uses, and/or may require extensive outside storage areas. This zone is intended to implement the General Industrial land use category of the General Plan.
CHAPTER 2. INDUSTRIAL ZONES: USE REGULATIONS
9-5-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed within the industrial zones, consistent with the policies and principles of the General Plan.
ATTACHMENT B
Item 7.4
Mountain House Page 325 of 846
116
9-5-202 Permitted Use Types.
Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-5-2.1.
9-5-203 Expansion of Uses and Structures.
Uses or structures that require discretionary review may be expanded with an Improvement Plan, provided the following conditions are met:
(a) The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and (b) The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and
(c) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and
(d) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-5-
2.1. 9-5-204 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-5-2.2. Temporary uses or structures not specifically listed in Table 9-5-
2.2 may be allowed, subject to approval of an Improvement Plan. 9-5-205 Special Use Regulations in Industrial Zones.
In addition to the provisions of Section 9-5-201 through 9-5-204, the following regulations shall apply to industrial zones:
(a) Unless the use type is more restrictive, a Site Approval (Chapter 9 of Division 8) is required for any industrial use that is:
(1) Six thousand (6,000) square feet or greater in ground floor area; (2) Occupies ten (10) or more acres of site area; or
(3) Not served by a public wastewater treatment plant, public water system, and a public drainage system.
(b) Any change in an existing use to a new use which requires either a Use Permit, Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use. (c) Uses allowed in all Commercial zones, except Neighborhood Commercial (C-N) and Commercial Recreation (C-R), may be allowed in Limited Industrial (I-L) and General Industrial (I-G) zones under the following conditions:
(1) The Commercial zone is immediately adjacent to the Industrial zone; (2) The uses are located in a “transition area” between the two zones that is designated in an adopted Special Purpose Plan;
(3) The specific uses that may be allowed in the “transition area” must conform with the use regulations of the particular Industrial and Commercial zones that are located adjacent to each other;
ATTACHMENT B
Item 7.4
Mountain House Page 326 of 846
117
(4) The specific uses that may be allowed must be based upon land use plans and criteria included in an adopted Special Purpose Plan;
(5) A full range of public services is provided to all of the properties. (d) Deleted.
(e) Deleted.
(f) Deleted.
(g) Automotive Sales and Services. Automotive Sales, Use Type. Uses classified under the Automotive Sales and Services: “Automotive Sales, Use Type” shall be adjacent to a freeway.
(h) Medical Services Use Type.
(1) Medical offices shall be designed and configured to appear as office type uses in those commercial zones where they are allowed.
(2) Urgent care centers, and other facilities included under the medical services use type that provides emergency medical care, shall be situated on and accessed from arterial roadways. Said facilities shall be separated from residential and other sensitive land uses by means of an arterial roadway, landscape easement, or other effective buffer. (i) Public Services: Essential, Use Type.
(1) Hospitals shall be situated on and accessed from arterial roadways. Said facilities shall be separated from residential and other sensitive land uses by means of an arterial roadway, landscape easement, or other effective buffer.
9-5-206 Special Use Regulations in Truck Terminal Zone.
In addition to the provisions of Sections 9-5-202 through 9-5-204, the following Special Use Regulations shall apply to truck terminals in the Truck Terminal Zone:
(a) Any truck terminal in operation during nighttime hours shall have twenty-five (25) foot light standards whose lights are hooded and directed downward so as not to disturb adjoining properties or roads.
(b) Noise levels of trucks entering and leaving the truck terminal shall comply with the California Vehicle Code sections regarding noise.
(c) Noise levels at the property line shall be no greater that 65 db Ldn. (d) All loose materials shall be contained in bins.
(e) Truck parts or inoperable trucks kept for rebuilding or for parts that are stored on the property of the truck terminal must be directly related to the operation of the truck terminal and shall be contained within a specified area that is fenced to provide an effective visual barrier. (f) Any construction materials and necessary equipment for the transfer and/or storage of construction materials shall be contained in a specified area that is fenced to provide an effective visual barrier.
9-5-207 Special Use Regulations for Truck Terminal Projects.
In addition to the provisions of Sections 9-5-202 through 9-5-204, the following Special Use Regulations shall apply to all truck terminal projects:
(a) Any entrance or exit to a truck terminal shall have acceleration and deceleration lanes, the criteria for which are to be determined by the traffic study and recognized engineering standards, or other traffic control devices determined to be necessary by the Department of Public Works. No vehicle shall be permitted to obstruct or back onto a public roadway.
ATTACHMENT B
Item 7.4
Mountain House Page 327 of 846
118
(b) The terminal shall comply with all California Department of Transportation regulations and standards for roads, freeway entrances, sight distance, and turning radius. (c) Driveway width at the ultimate right-of-way shall be forty (40) feet maximum.
The design of driveway shall be such as to allow trucks to enter and exit property without entering into opposing lane of traffic.
(d) Access gates shall be recessed from the property line a minimum of sixty-five (65) feet.
(e) All maneuvering and parking areas of automobiles and trucks shall be located on the site of the truck terminal. No parking or maneuvering is allowed within the public road rightof-way. (f) All automobile parking spaces and all major circulation drive lanes (automobile and truck) shall be surfaced and permanently maintained with a minimum of two (2) inches of asphalt concrete over an appropriate base, or four (4) inches of Portland cement concrete over an appropriate base. Bumper guards shall be provided when necessary to protect adjacent structures or properties. All other areas that are used for vehicular traffic shall be surfaced and permanently maintained with a chip seal. These improvements shall be constructed prior to the initiation of the use or prior to the issuance of the Certificate of Occupancy, whichever comes first. (g) Leach fields shall be barricaded to prevent vehicles from driving or parking over them.
(h) Undeveloped areas within the truck terminal will be maintained to prevent the creation of dust or erosion and not become a health hazard. (i) All drainage from asphalted and concreted parking and driveway areas shall be routed through an oil sand trap tank prior to entering a public sewage treatment plant or a terminal drainage system.
(j) All truck parking shall comply with truck parking standards in Section 9-10-406, Truck Parking and Loading.
(k) Vehicle parking shall comply with parking standards in Section 9-10-410 for Handicap Parking and Table 9-10-2.1 for Parking Space Requirements. (l) Truck terminals shall comply with landscape standards in Section 9-10-508, Requirements for Industrial Projects.
9-5-208 Reserved.
9-5-209 Reserved.
9-5-210 Special Use Regulations in the Limited Industrial Zone.
In addition to the provisions of Sections 9-5-202 through 9-5-205, the following Special Use Regulations shall apply to the Automotive Sales use type in the Limited Industrial Zone:
(a) Only used collectible car sales shall be allowed in the Limited Industrial Zone, new car sales shall be prohibited;
(b) A maximum of ten (10) cars shall be displayed at any given time; and (c) All display and maintenance of cars shall occur within a building. 9-5-211 Design Guidelines.
Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.
ATTACHMENT B
Item 7.4
Mountain House Page 328 of 846
119
TABLE 9-5-2.1 USES IN INDUSTRIAL ZONES
Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
U Use Permitted Subject to Use Permit
- Use Not Permitted
Use Types I-P I-L I-G
Residential Use Types
Family Residential See categories below
Single-Family - - -
Two-Family - - -
Small Multifamily - - -
Large Multifamily - - -
Farm Employee Housing See categories below
Small - - -
Large - - -
Group Care See categories below
Small - - -
Large - - -
Adult Day Care - - -
Group Residential - - -
Mobile Home Park - - -
Emergency Shelters: See categories below
Small - PI -
Medium - PI -
Large - - -
Nonresidential Use
Administrative Offices PI PI PI
Administrative Support Services P P P
Adult Entertainment - - -
Aerial Services See categories below
Farm - - -
Heliport U U U
Agricultural Organizations PI PI -
Agricultural Processing See categories below
Preparation Services - U S
Food Manufacturing - - S
Agricultural Sales See categories below
Feed and Grain - - PI
Agricultural Chemical - - S
Agricultural Warehousing - - PI
Agricultural Wastes - - -
ATTACHMENT B
Item 7.4
Mountain House Page 329 of 846
120
Animal Feeding and Sales - - -
Animal Raising See categories below
Exotic Animals - - -
General - - -
Hogs - - -
Small Animals - - -
Family Food Production - - -
Educational Animal Project - - -
Zoo - - -
Petting Zoo
Animal Specialty Services See categories below
Farm - - -
Pet - U S
Kennel - U S
Kennel, Small Breeding - U S
Auction Sales See categories below
Indoor - S S
Outdoor - S S
Automotive Sales and Services
Automotive Rentals S S S
Automotive Repairs, Light - S S
Automotive Repairs, Heavy - S S
Automotive Sales U - -
Cleaning - S PI
Inoperable Vehicle Storage - - S
Operable Vehicle Storage - S P
Parking S PI PI
Building Maintenance Services PI PI PI
Child Care Services See categories below
Family Day Care Homes P P P
Child Care Centers S S S
Commercial Cannabis See categories below
Cultivation - - -
Distribution - - -
Manufacturing - - -
Non-Storefront (Delivery) Retail Sales - - -
Laboratory Testing - - -
Communications Services See categories below
Type I PI PI PI
Type II - - -
Type III - - -
Type IV PI PI PI
Community Assembly - - -
ATTACHMENT B
Item 7.4
Mountain House Page 330 of 846
121
Construction Sales - PI PI
Construction Services See categories below
Light - S PI
Heavy - U PI
Crop Production P P P
Cultural and Library Services - - -
Custom Agricultural Manufacturing - - -
Custom Manufacturing S PI PI
Dairies - - -
Eating Establishments See categories below
Convenience PI PI PI
Full-service PI PI PI
Educational Services See categories below
Commercial S PI PI
General - - -
Equipment Sales and Repair See categories below
Farm Machinery, Sales - S PI
Farm Machinery, Repair - S PI
Heavy Equipment - U S
Leisure - S PI
Aircraft - U S
Explosives Handling - - -
Farm Services - - -
Funeral and Interment Services See categories below
Cemeteries - - -
Interring and Cremating - - -
Undertaking - - -
Gasoline Sales See categories below
Service S PI PI
Combination S PI PI
General Industrial
Limited S S PI
Intermediate - U S
Heavy - - S
Hazardous Industrial - U U
High Technology Industry S S S
Laundry Services - S S
Liquor Sales See categories below
On-Premises, General - U -
On-Premises, Limited - U -
Off-Premises - U -
Lodging Services See categories below
Bed and Breakfast - - -
ATTACHMENT B
Item 7.4
Mountain House Page 331 of 846
122
Motel - - -
Major Impact Services - - -
Medical Services S - -
Nursery Sales and Services See categories below
Wholesale - S S
Retail - - -
Landscaping Services - S S
Personal Storage - S PI
Petroleum and Gas Extraction S S S
Produce Sales See categories below
Farm Produce Stands - - -
Farm Markets - - -
Professional Services PI PI -
Public Services See categories below
Administrative S S S
Essential U U U
Quarry Operations - - -
Recreation See categories below
Campgrounds - - -
Indoor Participant PI PI PI
Indoor Spectator - (PI1 ) - -
Marinas - - -
Outdoor Entertainment, Large Scale - - -
Outdoor Entertainment, Small - - -
Outdoor Sports Clubs - - U
Parks - - -
Resorts - - -
Nature Preserves - - -
Recycling Services See categories below
Consumer PI PI PI
Scrap Operations - - U
Religious Assembly
Neighborhood - - -
Community - - -
Regional - - -
Research and Laboratory Services S S S
Retail Sales and Services See categories below
Primary U - -
Intermediate - - -
General - - -
Signs, Off-premises - - -
Stables See categories below
Neighborhood - - -
ATTACHMENT B
Item 7.4
Mountain House Page 332 of 846
123
Commercial - - -
Transportation Services - S S
Truck Sales and Services See categories below
Parking - S PI
Cleaning - S PI
Stops - U U
Repairs S S S
Sales - S PI
Terminals - U U
Utility Services See categories below
Minor PI PI PI
Major PI PI PI
Wholesaling and Distribution See categories below
Light S (U1 ) S PI
Heavy - - S
1 Applies within Specific Plan III Area of Mountain House.
TABLE 9-5-2.2 TEMPORARY USES AND STRUCTURES IN INDUSTRIAL ZONES Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
U Use Permitted Subject to Use Permit
- Use Not Permitted
Temporary Use or Structure Industrial Zone
I-P
Industrial Zone
I-L
Industrial Zone
I-G
Auction, Agricultural Machinery - PI PI
Auction, Livestock - - -
Batch Plant - - S
Boutique Sales (limit of two (2)
per year)
P P P
Carnival/Circus - S S
Christmas Tree Sales PI PI PI
Corporation Yard S S S
Garage Sales (limit of four (4)
per year within Specific Plan III,
two (2) per year in other areas)
P P P
Halloween Pumpkin Sales PI PI PI
Motion Picture Filming P P P
Special Event PI PI PI
ATTACHMENT B
Item 7.4
Mountain House Page 333 of 846
124
Subdivision Sales Office P P -
Temporary Building Incidental to
Construction Works
P P P
Temporary Mobile home - - -
Tent Revival - U - 1
Applies within Specific Plan III Area of Mountain House.
CHAPTER 3. INDUSTRIAL ZONES: LOT AND STRUCTURE REGULATIONS 9-5-301 Intent.
The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the industrial zones consistent with the policies and principles of the General Plan. 9-5-302 Reserved.
9-5-303 Lot Area.
Lots within the industrial zones shall have the minimum areas set forth in Table 9-5-3.1. 9-5-304 Lot Width.
Lots within the industrial zones shall not have a width less than that set forth in Table 9- 5-3.1.
9-5-305 Yard Dimensions.
Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-5-3.1. (See Table 4.1 of the Master Plan.) Said setback requirements and the following exceptions shall replace the chapter concerning yards and the provisions concerning yard dimensions in the development title (Chapter 3 of Division 10). (a) Side and Rear Setback Exceptions. Buildings on lots zoned or designated on the Master Plan for industrial use shall maintain a forty-five degree (45°) clear setback when adjacent to lots zoned or designated on the Master Plan for residential use. (b) Setback Exceptions for Specified Streets. The minimum setback from I-205 and Patterson Pass Road shall be as specified in the Master Plan. (c) Setback Exceptions for Off-Street Parking Areas.
(1) The minimum setback for off-street parking areas adjacent to streets shall be ten (10) feet, except that in the I-P zone the minimum setback shall be twenty (20) feet. (2) The minimum setback for off-street parking areas adjacent to lots zoned or designated on the Master Plan for residential use shall be ten (10) feet. (3) The minimum side and rear setback for off-street parking areas in the I-P zone shall be five (5) feet.
(d) Setback Exceptions for Other Specified Structures.
(1) Fire Escapes. Fire escapes shall not extend or project more than four (4) feet beyond the setback line.
ATTACHMENT B
Item 7.4
Mountain House Page 334 of 846
125
(2) Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by a roof or canopy, shall not extend or project more than four (4) feet beyond the side or rear setback line, and shall not extend or project more than thirty (30 the front setback line. (3) Porches. Porches, platforms or landing places which do not extend above the level of the first floor of the building shall not extend or project more than five (5) feet beyond the setback line; however, any open work railing, no more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place. (4) Patio Covers. Patio covers, as defined by Chapter 49 of the Uniform Building Code, may be located within three (3) feet of the rear or side property line. (5) Eaves, Roof Overhangs and Similar Features. Eaves, roof overhangs and other similar architectural features may extend or project up to:
(A) Thirty (30) inches beyond the setback line, provided said architectural feature is no closer than thirty (30) inches to the property line where the setback requirement is ten (10) feet or less;
(B) Ten (10) feet beyond the setback line, where the setback requirement is more than ten (10) feet.
(6) Fireplaces, Air Conditioning Equipment, Water Softener Units. Fireplaces, air conditioning units and water softening units may extend or project up to thirty (30) inches beyond the setback line, provided said structure is no closer than thirty (30) inches to the property line.
(7) Pools. Pools shall not be located closer than three (3) feet from any side or rear property line.
(e) Setback Exceptions for Specified Land Uses or Features. (1) Power Line Easements. Dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement. Commercial or industrial structures shall maintain a minimum setback of ten (10) feet from the Rio Oso-Tesla powerline easement.
(2) Wetlands. Buildings and structures shall maintain a minimum setback from wetlands in accordance with the setback requirements for wetlands specified in the Wetlands Management Plan.
9-5-306 Height.
Buildings and structures in industrial zones shall not exceed the maximum building heights specified in Table 9-5-3.1, except as provided below:
(a) Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; (b) Skylights and chimneys;
(c) Flagpoles; and
(d) Church towers/steeples.
9-5-307 Building Coverage.
The percentage of the total area of any lot which may be occupied by buildings and structures in the industrial zones shall not exceed that set forth in Table 9-5-3.1.
ATTACHMENT B
Item 7.4
Mountain House Page 335 of 846
126
9-5-308 Access.
All principal uses within the industrial zones of Specific Plan III shall have access to a City maintained road, a road maintained by the City, or a privately maintained road with public access. Within other areas of Mountain House, all principal uses in the industrial zones shall have access to a City maintained road. Flag lots are not permitted in the industrial zones. 9-5-309 Minimum Dimensions of Corner Lots.
Corner lots shall have minimum widths of one hundred (100) feet, except within the Specific Plan III area, where there shall be no required minimum lot width.
TABLE 9-5-3.1 LOT AND STRUCTURE STANDARDS
Zo
ning
District
Mini
mum Lot
Size (square
feet)
Mini
mum Lot
Width (feet)
Maxi
mum
Building
Height
(stories)
Maxi
mum
Building
Coverage
(Percent)
Depth:
Width
Ratio5
I-P 10,00
0 100
(N/A1 )
3 (5, 2 ) 60 3:1
I-L 10,00
0 100 2 60 3:1
I-G 10,00
0 100 2 60 3:1
SETBACK REQUIREMENTS**
Zoning
District
Arterial
Street (feet)
Collector
and
Local Streets
(feet)
Side
Setback (feet)
Rear
Setback (feet)
I-P 20 (-3 ) 20 (-3 ) - (-4 ) -
I-L 20 20 - -
I-G 15 15 - -
* See Sections 9-5-303 through 9-5-309 for exceptions and modifications. ** Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.
1 Applies within Specific Plan III area of Mountain House. 2 Structures in Mountain House Business Park area are 5 stories. 3 Applies to side and rear setback within Specific Plan III area only; front setback within Specific Plan III area is 10′. 4 Streetside sides of corner lots within Specific Plan III area of Mountain House shall be set back 15′. 5 There is no depth to width ratio in the Specific Plan III area.
ATTACHMENT B
Item 7.4
Mountain House Page 336 of 846
127
DIVISION 6. AGRICULTURAL ZONES
CHAPTER 1. AGRICULTURAL ZONES: INTENT AND ORGANIZATION
9-6-101 Title and Intent.
Division 6 constitutes the agricultural zones. The intent of this Division is to prescribe use, lot, and structure regulations for agricultural zones within the City of Mountain House, consistent with the Land Use portion of the General Plan. The names and intents of the agricultural zones are as follows:
(a) AU Zone. The Agriculture-Urban Reserve (AU) Zone is intended to retain in agriculture those areas planned for future urban development in order to facilitate compact, orderly urban development and to assure the proper timing and economical provision of services and utilities. This zone also is intended to implement the Agriculture-Urban Reserve land use category of the General Plan.
CHAPTER 2. AGRICULTURAL ZONES: USE REGULATIONS
9-6-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed within agricultural zones, consistent with the policies and principles of the General Plan. 9-6-202 Permitted Use Types.
Permitted, not permitted and conditionally permitted use types in the AU zone shall be as provided in Table 9-6-2.1.
9-6-203 Expansion of Uses and Structures.
Uses or structures that require discretionary review may be expanded with an Improvement Plan, provided the following conditions are met:
(a) The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and (b) The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and
(c) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and
(d) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-6-
2.1. 9-6-204 Accessory Uses and Structures.
Permitted, not permitted and conditionally permitted accessory uses and structures in the AU zone shall be as provided in Table 9-6-2.1. Accessory uses or structures not specifically listed in Table 9-6-2.2 may be permitted with an improvement plan, provided:
(a) The proposed accessory use or structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing principal use type; and
ATTACHMENT B
Item 7.4
Mountain House Page 337 of 846
128
(b) The proposed accessory use or structure involves less than a ten percent (10%) increase in the overall site area covered by the existing use type; and (c) The proposed accessory use or structure, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and (d) The proposed accessory use or structure will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this section are not met, the level of review for the accessory use or structure shall be the same as the level of review required for the primary use or structure.
9-6-205 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures in the AU zone shall be as provided in Table 9-6-2.3. Temporary uses or structures not specifically listed in Table 9-6-2.3 may be allowed, subject to an Improvement Plan. 9-6-206 Special Use Regulations.
In addition to the provisions of Sections 9-6-201 through 9-6-205, the following Special Use Regulations shall apply to the uses or use types specified below:
(a) Accessory Dwelling Units. An accessory dwelling unit and a junior accessory dwelling unit are permitted, subject to the provisions of Chapter 13 of Division 8. (b) Agricultural Processing.
(1) A use classified under the Agricultural Processing use type may be expanded provided all of the following conditions are met:
(A) The use was lawfully in existence at the time the property was rezoned to AG; (B) The expansion involves less than a fifty percent (50%) increase in floor area; (C) The expansion involves less than a twenty-five percent (25%) increase in overall site area; and
(D) The expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency. (2) If a proposed expansion does not comply with the above, a new use permit shall be required.
(c) Power-Generating Facility. A permit approval shall be subject to all of the following findings:
(1) The source of the power requires locating the use in an area designated as Agriculture or Resource Conservation in the General Plan; (2) The use will not have a significantly detrimental effect on agricultural activities in the vicinity; and
(3) The site of the use can be rehabilitated for agricultural production or a permitted use in the AG zone if the power source is temporary.
(d) Resource Recovery. A permit approval shall be subject to all of the following findings:
(1) The nature of the materials processed and the operational characteristics of the use require a location outside of an urban area as designated on the General Plan. (2) The facility only converts waste products from agricultural operations to other useable products.
ATTACHMENT B
Item 7.4
Mountain House Page 338 of 846
129
(e) Agricultural Truck Parking. A permit approval for truck parking as an accessory use in an agricultural zone shall be subject to the following minimum requirements:
(1) The property contains a minimum of two (2) acres for up to one (1) truck and two (2) trailers, and four (4) acres for up to two (2) trucks and four (4) trailers; (2) The property fronts on a City-maintained road with a minimum twenty (20) foot width of pavement;
(3) The property contains the residence of the owner-operator of the truck(s); (4) No employees, other than members of the owner-operator’s immediate family, are allowed in the agricultural truck parking operation;
(5) One (1) accessory structure only is allowed for maintenance and repair of the permitted trucks and trailers.
(f) Temporary Farm Employee Housing. Permit approval shall be subject to the following minimum requirements:
(1) The housing must be used in conjunction with work performed on the site or on property owned or leased by the owner;
(2) The housing may not be occupied for more than eight (8) weeks per year; and (3) The housing must be under permit of the Environmental Health Division. (g) Equipment Sales and Repair, Farm Machinery, Sales. Permit approval shall be subject to the following requirements:
(1) The use type shall only be established where the proposed use or project has direct access to a Collector or higher classification roadway. (h) Agricultural Urban Reserve Zones. Existing uses in the Agricultural Urban Reserve Zone which are consistent with the General Plan may be expanded or changed to other uses which are consistent with the General Plan, subject to a Site Approval, unless another discretionary approval is specified by this Title.
(i) Open Space/Resource Conservation Area. In areas designated as Open Space/Resource Conservation on the General Plan Map, all uses or use types shall require Site Approval, except:
(1) When another discretionary approval is specified by the Title. (2) At the discretion of the Director, an Improvement Plan may be permitted in the following cases:
(A) Expansions of less than twenty-five percent (25%) to existing structures, or (B) New accessory uses or structures that comply with the requirements in Section 9- 6-203.
(j) No more than twenty-five percent (25%) of the kennel building area may be used for pet grooming.
(k) Veterans Organizations. In the AU zone, Veterans Organizations may only be located in existing Community Assembly facilities, and the facilities may not be rented. (l) Permit Type Required for Change in Existing Use. Any change in an existing use to a new use which requires either a Use Permit, a Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use.
ATTACHMENT B
Item 7.4
Mountain House Page 339 of 846
130
9-6-207 Prohibited Uses.
All uses, including, but not limited to, flooding inconsistent with generally accepted agricultural practices or which presents or could present a threat to the physical integrity of Delta levees, on land with a general plan designation of AG and located within the Primary Zone of the Sacramento-San Joaquin Delta are prohibited, except:
(a) Allowed uses as identified in Tables 9-6-2.1 and in Sections 9-6-203 and 9-6-204 of the City of Mountain House Development Title;
(b) The Delta Wetlands Project as defined in the 2011 Delta Wetlands Project Place of Use Environmental Impact Report and reflected in the protest dismissal and settlement agreement reached in the matter of Central Delta Water Agency et al. v. Semitropic Water Storage District et al., San Francisco County Superior Court Case No. CPF-II-51175; and (c) Easements obtained under the San Joaquin Multispecies Habitat Conservation Plan, but not greater than eighty (80) cumulative acres by a single entity.
TABLE 9-6-2.1 USES IN AGRICULTURAL ZONES
Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
U Use Permitted Subject to Use Permit
- Use Not Permitted
Use Types AU
Residential Use Types
Family Residential See categories below
Single-Family P
Two-Family -
Small Multifamily -
Large Multifamily -
Farm Employee Housing: See categories below
Small P
Large -
Group Care See categories below
Small P
Large -
Adult Day Care -
Group Residential -
Mobile Home Park -
Emergency Shelters: See categories below
Small P
Medium -
Large -
Nonresidential Use
Administrative Offices -
Administrative Support Services -
ATTACHMENT B
Item 7.4
Mountain House Page 340 of 846
131
Adult Entertainment -
Aerial Services See categories below
Farm -
Heliport -
Agricultural Organizations -
Agricultural Processing See categories below
Preparation Services -
Food Manufacturing -
Agricultural Sales See categories below
Feed and Grain -
Agricultural Chemical -
Agricultural Warehousing -
Agricultural Wastes -
Animal Feeding and Sales -
Animal Raising See categories below
Exotic Animals S
General P
Hogs -
Small Animals S
Family Food Production P
Educational Animal Project P
Zoo -
Petting Zoo -
Animal Specialty Services See categories below
Farm -
Pet -
Kennel -
Kennel, Small Breeding -
Auction Sales See categories below
Indoor -
Outdoor -
Automotive Sales and Services See categories below
Automotive Rentals -
Automotive Repairs, Light -
Automotive Repairs, Heavy -
Automotive Sales -
Cleaning -
Inoperable Vehicle Storage -
Operable Vehicle Storage -
Parking -
Building Maintenance Services -
Child Care Services See categories below
Family Day Care Homes P
ATTACHMENT B
Item 7.4
Mountain House Page 341 of 846
132
Child Care Centers S
Commercial Cannabis See categories below
Cultivation -
Distribution -
Manufacturing -
Non-Storefront (Delivery) Retail Sales -
Laboratory Testing -
Communications Services See categories below
Type I -
Type II -
Type III -
Type IV -
Community Assembly -
Construction Sales -
Construction Services See categories below
Light -
Heavy -
Crop Production P
Cultural and Library Services -
Custom Agricultural Manufacturing -
Custom Manufacturing -
Dairies -
Eating Establishments See categories below
Convenience -
Full-service -
Educational Services See categories below
Commercial -
General -
Equipment Sales and Repair See categories below
Farm Machinery, Sales -
Farm Machinery, Repair -
Heavy Equipment -
Leisure -
Aircraft -
Explosives Handling -
Farm Services -
Funeral and Interment Services See categories below
Cemeteries -
Interring and Cremating -
Undertaking -
Gasoline Sales See categories below
Service -
Combination -
ATTACHMENT B
Item 7.4
Mountain House Page 342 of 846
133
General Industrial See categories below
Limited -
Intermediate -
Heavy -
Hazardous Industrial -
High Technology Industry -
Laundry Services -
Liquor Sales See categories below
On-Premises, General -
On-Premises, Limited -
Off-Premises -
Lodging Services See categories below
Bed and Breakfast -
Motel -
Major Impact Services U
Medical Services -
Nursery Sales and Services See categories below
Wholesale PI
Retail -
Landscaping Services S
Personal Storage -
Petroleum and Gas Extraction S
Produce Sales See categories below
Farm Produce Stands PI
Farm Markets S
Professional Services -
Public Services See categories below
Administrative -
Essential S
Quarry Operations -
Recreation See categories below
Campgrounds U
Indoor Participant -
Indoor Spectator -
Marinas -
Outdoor Entertainment, Large Scale -
Outdoor Entertainment, Small -
Outdoor Sports Clubs -
Parks U
Resorts -
Nature Preserves -
Recycling Services See categories below
Consumer -
ATTACHMENT B
Item 7.4
Mountain House Page 343 of 846
134
Scrap Operations -
Religious Assembly See categories below
Neighborhood -
Community -
Regional -
Research and Laboratory Services -
Retail Sales and Services See categories below
Primary -
Intermediate -
General -
Signs, Off-premises -
Stables See categories below
Neighborhood S
Commercial U
Transportation Services -
Truck Sales and Services See categories below
Parking -
Cleaning -
Stops -
Repairs -
Sales -
Terminals -
Utility Services See categories below
Minor PI
Major PI
Wholesaling and Distribution See categories below
Light -
Heavy -
TABLE 9-6-2.2 ACCESSORY USES AND STRUCTURES IN AGRICULTURAL ZONE Legend:
P Permitted Use
S Use Permitted Subject to Site Approval
SD Use Permitted Subject to Second-Unit Dwelling Permit Accessory Use or Structure Agricultural Zone AU
Antennae, Radio/TV Dish P
Barn P
Biomass Energy Production for use on
premises
S
Boathouse, Private (one/lot) P
Coop P
Dock, Private (one/lot) P
ATTACHMENT B
Item 7.4
Mountain House Page 344 of 846
135
Firewood Sales, grown on-site or
within a five (5) mile radius of the premises
P
Garage, Private (up to three (3)
vehicles)
P
Greenhouse, Private P
Guesthouse P
Horse Raising P
Nonresidential Mobile home P
Packing Shed, Private P
Pump/Pumphouse P
Second-Unit Dwelling SD
Silo P
Stable, Private P
Storage Building, Private P
Swimming Pool and Equipment P
Truck Parking (Agricultural) S
Water Storage Facility P
Wind Machine, Private P
Workshop/Hobby Shop P
TABLE 9-6-2.3 TEMPORARY USES AND STRUCTURES IN AGRICULTURAL ZONE Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
U Use Permitted Subject to Use Permit
- Use Not Permitted
Temporary Use or Structure Agricultural Zone AU
Auction, Agricultural Machinery PI
Auction, Livestock S
Batch Plant -
Boutique Sales (limit of two (2) per
year)
P
Carnival/Circus U
Christmas Tree Sales PI
Corporation Yard S
Garage Sales (limit of two (2) per
year)
P
Halloween Pumpkin Sales PI
Motion Picture Filming P
ATTACHMENT B
Item 7.4
Mountain House Page 345 of 846
136
Special Event PI
Subdivision Sales Office -
Temporary Building Incidental to
Construction Works
P
Temporary Farm Employee Housing -
Temporary Mobile home P
Tent Revival U
CHAPTER 3. AGRICULTURAL ZONES: LOT AND STRUCTURE REGULATIONS 9-6-301 Intent.
The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the agricultural zones consistent with the policies and principles of the General Plan.
9-6-302 Lot Area.
Lots in the agricultural zones shall have the minimum areas set forth in Table 9-6-3.1, except as modified by Section 9-6-303.
9-6-303 Reserved.
9-6-304 Lot Width.
Lots within the agricultural zones shall not have a width less than that set forth in Table 9-6-3.1.
9-6-305 Yard Dimensions.
Yards within the agricultural zones shall have the minimum depths set forth in Table 9-6-
3.1, except as modified below:
(a) Reduction of Required Yards. Required yards may be reduced as follows:
(1) If the subject lot has less width than the required width specified in Table 9-6-3.1, the side yard or street side yard may be reduced to ten percent (10%) of the width of the lot, provided the side yard is not less than four (4) feet in width and the street side yard is not less than ten (10) feet in width.
(2) If the subject lot is less than seventy-five (75) feet in width, the street side yard may be reduced to ten (10) feet in width.
(b) Structures within Required Yards. The following structures may be located in or extend within required yards, subject to the provisions specified:
(1) Architectural features, subject to the provisions of Chapter 3 of Division 10; (2) Screening, including fences and gates, subject to the provisions of Chapter 6 of Division 10 (Fencing and Screening) of this Title;
(3) Additions to nonconforming single-family dwellings, subject to the provisions of Chapter 8 of Division 2; and
(4) Structures adjacent to and associated with railroad spurs.
ATTACHMENT B
Item 7.4
Mountain House Page 346 of 846
137
9-6-306 Height.
Buildings and structures within the agricultural zones shall not exceed the heights set forth in Table 9-6-3.1, except as provided by Chapter 2 of Division 10; screening devices, including fences, gates, and gateposts, shall comply with the height requirements specified in Chapter 2 of Division 10.
9-6-307 Building Coverage.
The percentage of the total area of any lot which may be occupied by buildings in the agricultural zones shall not exceed that set forth in Table 9-6-3.1. 9-6-308 Minimum Dimensions of Corner Lots.
For corner lots proposed after the adoption of this Title:
(a) The minimum width shall be sixty-five (65) feet, and (b) The minimum depth shall be sixty-five (65) feet.
TABLE 9-6-3.1 STANDARDS FOR MINIMUM LOT AREA & WIDTH, YARD DIMENSIONS, HEIGHT, BUILDING COVERAGE, AND DEPTH:WIDTH RATIO1
AG AL AU ARM
Lot Area (acres) 2 3 4 9
Lot Width (feet)5 330 200 330 330
Yard Dimensions (feet)8
Front and Street Side - Regular 30 30 30 30
Front and Street Side - Right-ofWay less than 50′ 55 55 55 55 Side 10 10 10 10
Rear - Appurtenant to main
buildings
30 30 30 30
Rear - Appurtenant to accessory
buildings
15 15 15 15
Rear - Reverse corner lots 10 10 10 10
Height (feet)7
Dwellings 356 356 35 356
Buildings accessory to dwellings 3510 3510 18 3510
Other structures none none none none
Building Coverage (%) N/A N/A N/A N/A
Depth:Width Ratio6 4:1 4:1 4:1 4:1
Notes:
1 See Sections 9-6-302 through 9-6-308 for exceptions and modifications. 2 The following lot area provisions apply to the AG Zone:
(a) Lots zoned “AG-20” shall be at least twenty (20) acres. (b) Lots zoned “AG-40” shall be at least forty (40) acres. (c) Lots zoned “AG-80” shall be at least eighty (80) acres. (d) Lots zoned “AG-160” shall be at least one hundred sixty (160) acres 3 The following lot area provisions apply to the AL Zone:
ATTACHMENT B
Item 7.4
Mountain House Page 347 of 846
138
(a) Lots zoned “AL-5” shall be at least five (5) acres. (b) Lots zoned “AL-10” shall be at least ten (10) acres. 4 The following lot area provisions apply to the AU Zone:
(a) Lots zoned “AU-20” shall be at least twenty (20) acres. (b) Lots zoned “AU-40” shall be at least forty (40) acres. (c) Lots zoned “AU-80” shall be at least eighty (80) acres. (d) Lots zoned “AU-160” shall be at least one hundred sixty (160) acres. 5 For homesite parcels, the minimum lot width shall be one hundred fifty (150) feet. 6 See Section 9-9-209 for exceptions.
7 For parcels containing twenty (20) or more acres, there shall be no maximum height for dwellings.
8 The minimum setback from all property lines for dwellings over thirty-five (35) feet in height shall be twice the maximum height of the dwelling, with a minimum setback of one hundred fifty (150) feet.
9 (a) Lots zoned “ARM-20” shall be at least twenty (20) acres. (b) Lots zoned “ARM-40” shall be at least forty (40) acres. (c) Lots zoned “ARM-80” shall be at least eighty (80) acres. (d) Lots zoned “ARM-160” shall be at least one hundred sixty (160) acres. 10 See Section 9-10-203 for height criteria.
N/A Not applicable.
Setbacks for yards shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the General Plan or applicable Specific Plan or Special Purpose Plan.
DIVISION 7. OTHER ZONES
CHAPTER 1. OTHER ZONES: INTENT AND ORGANIZATION
9-7-101 Title and Intent.
Division 7 constitutes the Other Zones. The purpose of this Division is to prescribe use, lot, and structure regulations for zones other than residential, commercial, or industrial zones within the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the Other Zones are as follows:
(a) P-F Zone. The public facilities (P-F) zone is intended to provide for the establishment of schools meeting State requirements for primary, secondary and higher education; medical facilities; infrastructure facilities, such as the wastewater treatment plant and water treatment plant; police and fire protection facilities and other public buildings; the Transit Center; and places of religious assembly. This zone is intended to implement the public facilities land use category of the General Plan.
(b) M-X Zone. The mixed-use (M-X) zone is intended to provide an integration of land use types, including office, retail, recreation, public and residential uses, under a coherent plan; provide a central location for community activities, such as parades, exhibits, shows and other civic functions that serve to give identity and interest to the lifestyle of a community; and otherwise create a focal point of activity within the community. The M-X zone allows for more urban densities, innovative design, and a more efficient land and infrastructure utilization than
ATTACHMENT B
Item 7.4
Mountain House Page 348 of 846
139
would be permitted under other traditional designations. The concurrent filing of a Specific Plan shall be required of areas to be zoned Mixed-Use. This zone is intended to implement the mixeduse land use category of the General Plan.
CHAPTER 2. OTHER ZONES: USE REGULATIONS
9-7-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed in Other Zones, consistent with the policies of the General Plan. 9-7-202 Permitted Use Types.
Permitted, not permitted, and conditionally permitted use types are set forth in Table 9-7-
2.1. Use types are described in Chapter 4 of Division 1. 9-7-203 Accessory Uses and Structures.
Accessory uses or structures may be permitted with an Improvement Plan, provided:
(a) The proposed accessory use or structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing principal use type; and (b) The proposed accessory use or structure involves less than a ten percent (10%) increase in the overall site area covered by the existing use type; and (c) The proposed accessory use or structure, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and (d) The proposed accessory use or structure will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the accessory use or structure shall be the same as the level of review required for the primary use or structure.
9-7-204 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-7-2.3. Temporary uses or structures not specifically listed in Table 9-7-
2.3 may be allowed, subject to an Improvement Plan.
9-7-205 Special Use Regulations in the M-X Zone.
In addition to the provisions of Sections 9-7-201 through 9-7-204, the following Special Use Regulations shall apply in the Mixed-Use Zone:
(a) In addition to the following requirements, the design guidelines, standards, and specific requirements contained in the Design Guidelines Manual shall apply:
(1) The floor area ratio of all building and structures on a specific single lot shall not exceed 4:1, except public buildings which shall not exceed 6:1. (2) Streets within the mixed-use project shall consist of either local residential or local commercial streets, except:
(A) An entrance street to the mixed-use project may be a divided and landscaped boulevard.
(B) Existing streets in developed areas.
ATTACHMENT B
Item 7.4
Mountain House Page 349 of 846
140
(3) Streets shall have frequent intersections, consisting of blocks that are no more than one thousand four hundred (1,400) feet in length and normally no more than six hundred (600) feet in length.
(4) Street trees shall be required at a minimum of thirty (30) foot intervals. (5) There shall be at least one (1) central public space in the mixed-use project. (6) There shall be at least one (1) linear foot of seating capacity per thirty (30) square feet of public space.
(7) At least twenty percent (20%) of the total square footage in the project shall be devoted to residential uses.
(8) There shall be at least one (1) main retail block in which at least seventy-five percent (75%) of the ground floor linear frontage is retail. (9) The blocks adjacent to the main retail block(s) shall contain either:
(A) Ground floor frontage in which at least fifty percent (50%) of the linear block shall be devoted to any combination of:
(i) Retail uses.
(ii) Entertainment services, except radio and television studios. (iii) Eating and drinking establishments.
(B) Public open space.
(10) Surface parking lots are not permitted on the main retail block(s) or adjacent retail in parking structures, underground, behind structures, or in the interior of a block. (11) The face of all buildings shall be adjacent to the sidewalk, except:
(A) In areas that are predominately residential (more than seventy-five percent (75%) of the block), set backs may be no more than ten (10) feet; the set back of each block face must be consistent.
(B) Public buildings.
(C) In existing areas, buildings will follow the existing setback. (b) Each mixed use project shall develop its own specific, detailed design guidelines. (c) Specific requirements of the mixed-use zone may be modified or waived by the Director if it is demonstrated that the alternative will produce a superior project. (d) Single-family residential units which are not, in the opinion of the Review Authority, accessory dwellings shall be located in back of, or above, other uses permitted or conditionally permitted in the M-X zone.
(e) Two-family residential units which are not, in the opinion of the Review Authority, accessory dwellings shall be located in back of, or above, other uses permitted or conditionally permitted in the M-X zone.
9-7-206 Special Use Regulations in the Public Facilities Zone.
In addition to the provisions of Sections 9-7-201 through 9-7-204, the following Special Use Regulations shall apply in the Public Facilities Zone:
(a) Accessory Uses and Structures. Only accessory residential structures for the owner-operator and/or employees who work on the site shall be permitted. (b) Deleted.
(c) Veterans Supportive Housing. Veterans supportive housing may be permitted in the P-F zone subject to the following requirements:
(1) An Improvement Plan shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or less than forty-nine (49). The
ATTACHMENT B
Item 7.4
Mountain House Page 350 of 846
141
design, evaluation, and site assessment for this Improvement Plan shall be in substantial compliance with all regulations and requirements in Sections 9-7-205(c)(3) through (c)(10). (2) A Site Approval shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or greater than fifty (50) and where the project is not in compliance with existing CEQA review. (3) Development shall occur on parcels located within one-half (½) mile of a State or Federal Interstate.
(4) Development shall occur on parcels with primary frontage on a Minor Arterial or higher classification roadway.
(5) Development shall occur on parcels located within one-quarter (¼) mile of a County owned hospital.
(6) Development shall comply with multi-family residential project landscaping requirements contained in Section 9-10-506(a) of the Development Title and parking landscaping requirements contained in Section 9-10-505 of the Development Title. (7) Signs shall comply with the regulations for multi-family residential projects contained in Section 9-17-108(b).
(8) Veterans supportive housing shall be served by public water, sewer, and storm drainage.
(9) If during the course of construction, including any grading activity associated with said construction, subsurface cultural resources are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified cultural resources specialist consulted for an on-site evaluation. (10) 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 an archaeological test excavation and/or mitigative data recovery. (d) Communications Services Type II may be permitted only on land owned by the City.
9-7-207 Reserved.
9-7-208 Special Use Regulations in Other Zones.
In addition to the provisions of Sections 9-7-2.1 through 9-7-204, the following Special Use Regulations shall apply to the Other Zones:
(a) Commercial and Industrial Uses. Unless the permit type is more restrictive, a Site Approval is required for any commercial or industrial use that is:
(1) Six thousand (6,000) square feet or greater in ground floor area; (2) Occupies ten (10) or more acres of site area;
(3) Not served by a public wastewater treatment plant, public water system, and a public drainage system.
(b) Improvement Plan for Areas with Special Purpose Plan. An Improvement Plan shall replace the permit type specified in Table 9-7-2.1 for a given use if a Special Purpose Plan has been adopted for the site on which said use is to be located and the use is consistent with the Special Purpose Plan.
(c) Permit Type Required for Change in Existing Use. Any change in an existing use to a new use which requires either a Use Permit, a Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the
ATTACHMENT B
Item 7.4
Mountain House Page 351 of 846
142
Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use.
9-7-209 Design Guidelines.
Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.
TABLE 9-7-2.1 USES IN OTHER ZONES
Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
U Use Permitted Subject to Use Permit
- Use Not Permitted
Use Types P-F M-X
Residential Use Types
Family Residential See categories below
Single-Family - PI
Two-Family - PI
Small Multifamily - PI
Large Multifamily - S
Farm Employee Housing See categories below
Small - -
Large - -
Group Care See categories below
Small - P
Large S -
Adult Day Care S -
Group Residential S U
Mobile Home Park - -
Emergency Shelters: See categories below
Small - P
Medium - -
Large - -
Nonresidential Use
Administrative Offices - PI
Administrative Support Services - PI
Adult Entertainment - S
Aerial Services See categories below
Farm - -
Heliport - -
Agricultural Organizations - -
Agricultural Processing See categories below
ATTACHMENT B
Item 7.4
Mountain House Page 352 of 846
143
Preparation Services - -
Food Manufacturing - -
Agricultural Sales See categories below
Feed and Grain - -
Agricultural Chemical - -
Agricultural Warehousing - -
Agricultural Wastes - -
Animal Feeding and Sales - -
Animal Raising See categories below
Exotic Animals - -
General - -
Hogs - -
Small Animals - -
Family Food Production - -
Educational Animal Project - -
Farm - -
Zoo U -
Petting Zoo U U
Animal Specialty Services See categories below
Pet S
Kennel - -
Kennel, Small Breeding - -
Auction Sales See categories below
Indoor - S
Outdoor - -
Automotive Sales and Services See categories below
Automotive Rentals - -
Automotive Repairs, Light - -
Automotive Repairs, Heavy - -
Automotive Sales - -
Cleaning - -
Inoperable Vehicle Storage - -
Operable Vehicle Storage - -
Parking PI S
Building Maintenance Services - -
Child Care Services See categories below
Family Day Care Homes P P
Child Care Centers S S
Commercial Cannabis See categories below
Cultivation - -
Distribution - -
Manufacturing - -
Non-Storefront (Delivery) Retail Sales - -
ATTACHMENT B
Item 7.4
Mountain House Page 353 of 846
144
Laboratory Testing - -
Communications Services See categories below
Type I PI PI
Type II S -
Type III - -
Type IV PI PI
Community Assembly PI S
Construction Sales - -
Construction Services See categories below
Light - -
Heavy - -
Crop Production P P
Cultural and Library Services PI PI
Custom Agricultural Manufacturing - -
Custom Manufacturing S -
Dairies - -
Eating Establishments See categories below
Convenience - PI
Full-service - PI
Educational Services See categories below
Commercial S S
General S S
Equipment Sales and Repair See categories below
Farm Machinery, Sales - -
Farm Machinery, Repair - -
Heavy Equipment - -
Leisure - -
Aircraft - -
Explosives Handling - -
Farm Services - -
Funeral and Interment Services See categories below
Cemeteries S -
Interring and Cremating S -
Undertaking - S
Gasoline Sales See categories below
Service - -
Combination - -
General Industrial
Limited - -
Intermediate - -
Heavy - -
Hazardous Industrial - -
High Technology Industry - -
ATTACHMENT B
Item 7.4
Mountain House Page 354 of 846
145
Laundry Services - -
Liquor Sales See categories below
On-Premises, General - PI
On-Premises, Limited - PI
Off-Premises - PI
Lodging Services See categories below
Bed and Breakfast - -
Motel - S
Major Impact Services U -
Medical Services U PI
Nursery Sales and Services See categories below
Wholesale - -
Retail - S
Landscaping Services - -
Personal Storage - -
Petroleum and Gas Extraction U U
Produce Sales See categories below
Farm Produce Stands - PI
Farm Markets - S
Professional Services - PI
Public Services See categories below
Administrative PI PI
Essential U S
Quarry Operations - -
Recreation See categories below
Campgrounds - -
Indoor Participant S S
Indoor Spectator S U
Marinas - -
Outdoor Entertainment, Large Scale S -
Outdoor Entertainment, Small S -
Outdoor Sports Clubs - -
Parks S S
Resorts - -
Nature Preserves - -
Recycling Services See categories below
Consumer - PI
Scrap Operations - -
Religious Assembly See categories below
Neighborhood S S
Community S U
Regional U -
Research and Laboratory Services - -
ATTACHMENT B
Item 7.4
Mountain House Page 355 of 846
146
Retail Sales and Services See categories below
Primary - S
Intermediate - PI
General - PI
Signs, Off-premises - -
Stables See categories below
Neighborhood - -
Commercial - -
Transportation Services - -
Truck Sales and Services See categories below
Parking - -
Cleaning - -
Stops - -
Repairs - -
Sales - -
Terminals - -
Utility Services See categories below
Minor P PI
Major S -
Wholesaling and Distribution See categories below
Light - -
Heavy - -
TABLE 9-7-2.3 TEMPORARY USES AND STRUCTURES IN OTHER ZONES Legend:
P Permitted Use
PI Permitted Use With Improvement Plan
S Use Permitted Subject to Site Approval
U Use Permitted Subject to Use Permit
- Use Not Permitted
Temporary Use or Structure Other
Zone P-F
Other
Zone M-X
Auction, Agricultural Machinery S (-1 ) -
Auction, Livestock - -
Batch Plant - -
Boutique Sales (limit of two (2) per year) - P
Carnival/Circus S S
Christmas Tree Sales - PI
Corporation Yard S S
ATTACHMENT B
Item 7.4
Mountain House Page 356 of 846
147
Garage Sales (limit of four (4) per year within Specific Plan III area, two (2) per year otherwise)
P P
Halloween Pumpkin Sales - PI
Motion Picture Filming P P
Special Event
Special Indoor Event - PI
Special Outdoor Event - PI
Subdivision Sales Office - PI
Temporary Building Incidental to Construction Works P P Temporary Mobile home - -
Tent Revival S U
1 APPLIES WITHIN SPECIFIC PLAN III AREA OF MOUNTAIN HOUSE.
CHAPTER 3. OTHER ZONES: LOT AND STRUCTURE REGULATIONS
9-7-301 Intent.
The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the Other Zones consistent with the policies and principles of the General Plan. 9-7-302 Lot Area.
Lots within the Other Zones shall have the minimum areas set forth in Table 9-7-3.1. 9-7-303 Lot Width.
Lots within the Other Zones shall not have a width less than that set forth in Table 9-7-
3.1. 9-7-304 Yard Dimensions.
Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-7-3.1. Said setback requirements and the following exceptions shall replace the chapter concerning yards and the provisions concerning yard dimensions in the development title (Chapter 3 of Division 10).
(a) Side and Rear Setback Exceptions. Buildings on lots zoned P-F, or designated P on the Master Plan, shall maintain a forty-five degree (45°) clear setback when adjacent to lots zoned or designated on the Master Plan for residential use. (b) Setback Exceptions for Off-Street Parking Areas.
(1) The minimum setback for off-street parking areas adjacent to streets shall be ten (10) feet in the P-F zone.
(2) The minimum setback for off-street parking areas adjacent to lots zoned or designated on the Master Plan for residential use shall be ten (10) feet. (c) Setback Exceptions for Other Specified Structures.
(1) Fire Escapes. Fire escapes shall not extend or project more than four (4) feet beyond the setback line.
ATTACHMENT B
Item 7.4
Mountain House Page 357 of 846
148
(2) Stairways and Balconies. Open, unenclosed stairways or balconies not covered by a roof or canopy, shall not extend or project more than four (4) feet beyond the side or rear setback line, and shall not extend or project more than thirty (30) inches beyond the front setback line.
(3) Porches. Porches, platforms or landing places which do not extend above the level of the first floor of the building shall not extend or project more than five (5) feet beyond the setback line; however, any open work railing, no more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place. (4) Patio Covers. Patio covers, as defined by Chapter 49 of the Uniform Building Code, may be located within three (3) feet of the rear or side property line. (5) Eaves, Roof Overhangs and Similar Features. Eaves, roof overhangs and other similar architectural features may extend or project up to:
(A) Thirty (30) inches beyond the setback line, provided said architectural feature is no closer than thirty (30) inches to the property line where the setback requirement is ten (10) feet or less;
(B) Ten (10) feet beyond the setback line, where the setback requirement is more than ten (10) feet.
(6) Fireplaces, Air Conditioning Equipment, Water Softener Units. Fireplaces, air conditioning units and water softening units may extend or project up to thirty (30) inches beyond the setback line, provided said structure is no closer than thirty (30) inches to the property line.
(7) Pools. Pools shall not be located closer than three (3) feet from any side or rear property line.
(d) Setback Exceptions for Specified Land Uses or Features. (1) Power Line Easements. Buildings shall maintain a minimum setback of ten (10) feet from the Rio Oso-Tesla powerline easement.
(2) Mountain House Creek Corridor. Buildings shall maintain a minimum setback of fifty (50) feet from the Mountain House Creek Corridor. (3) Wetlands. Buildings and structures shall maintain a minimum setback from wetlands in accordance with the setback requirements for wetlands specified in the Wetlands Management Plan.
(4) Wastewater Storage Ponds and Sludge Basins. Wastewater storage ponds and sludge basins shall be setback from property lines a minimum of twenty (20) feet. 9-7-305 Height.
Buildings and structures in the P-F and M-X zones shall not exceed the maximum building heights specified in Table 9-7-3.1, except as provided below. (See Table 4.1 of the Master Plan.)
(a) Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; (b) Skylights and chimneys;
(c) Flagpoles; and
(d) Church towers/steeples.
ATTACHMENT B
Item 7.4
Mountain House Page 358 of 846
149
9-7-306 Building Coverage.
The maximum building coverage for the P-F and M-X zones shall be as provided in Table 9-7-3.1.
9-7-307 Corner Lots.
In the M-X zone, corner lots shall have a minimum width and depth of sixty-five (65) feet.
TABLE 9-7-3.1 LOT AND STRUCTURE STANDARDS
Zonin
g District
Minimu
m Lot Size
(square feet)
Minimu
m Lot Width
(feet)
Maximu
m Building
Height (stories)
Maximu
m Building
Coverage
(percent)
P-F - - - 100 (601 )
M-X - 50 4 100
SETBACK REQUIREMENTS**
Zoning
District
Arterial
Street (feet)
Collector
and Local
Streets (feet)
Side
Setback (feet)
Rear
Setback (feet)
P-F 15 15 - -
M-X - -
* See Sections 9-7-303 through 9-7-307 for exceptions and modifications. ** Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.
1 Applies within Specific Plan III area of Mountain House.
DIVISION 8. APPLICATION REGULATIONS
CHAPTER 1. APPLICATION REGULATIONS: INTENT AND ORGANIZATION 9-8-101 Title and Intent.
Division 8 constitutes the Application Regulations. The intent of this Division is to prescribe regulations for the various types of permit applications that may be processed under this Title.
9-8-102 Supplemental Information.
In addition to the information contained in the permit application form, the review authority may require supplemental information in order to evaluate the land use impacts of a project.
ATTACHMENT B
Item 7.4
Mountain House Page 359 of 846
150
CHAPTER 2. GENERAL PLAN AMENDMENTS
9-8-201 Intent.
It is the intent of this Chapter to provide a method for amending the General Plan, as provided in the California Government Code.
9-8-202 Requirements for Application.
Applications for General Plan Text Amendments may be initiated by any interested party.
Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required.
9-8-203 Review Procedures.
General Plan Amendment Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the General Plan Amendment Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-203.1 Required Studies.
Prior to taking action on an application for a General Plan Amendment, the impact of the proposed General Plan Amendment on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the General Plan Amendment on the financial and fiscal resources of the community and the City shall be determined. (a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-204 Approval.
Prior to approving an application for a General Plan Amendment, the Planning Commission and the City Council shall determine that all the following are true:
(a) The internal consistency of the General Plan is maintained in the adoption of the General Plan Amendment;
(b) The General Plan Amendment shall not adversely affect the jobs/housing program and housing affordability;
(c) The General Plan Amendment shall not adversely affect the Public Financing Plan; and
(d) All applicable provisions of the Mountain House Development Agreement have been met.
ATTACHMENT B
Item 7.4
Mountain House Page 360 of 846
151
CHAPTER 3. MASTER PLANS
9-8-301 Intent.
The intent of this Chapter is to provide for the adoption and amendment of Master Plans to facilitate implementation of the General Plan for new communities or substantial expansion of existing communities. The need for a Master Plan is defined by the policies or implementation measures of the General Plan.
9-8-302 Requirements for Application.
Applications for Master Plans may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his or her authorized agent. To initiate the application, the applicant shall file a request for a preapplication conference with the Community Development Department. The Master Plan or Master Plan Amendment may be prepared by the City, its consultant, or by the applicant, as determined by the Director. A fee, as specified by resolution of the City Council, shall be required. 9-8-303 Review Procedures.
Master Plan applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Master Plan Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-303.1 Required Studies.
Prior to taking action on an application for a Master Plan Amendment, the impact of the proposed Master Plan Amendment on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the Master Plan Amendment on the financial and fiscal resources of the community and the City shall be determined. (a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-304 Approval.
Prior to approving an application for a Master Plan Amendment, the Planning Commission and the City Council shall determine that the following are true:
(a) The Master Plan Amendment is consistent with the General Plan and the Public Financing Plan;
ATTACHMENT B
Item 7.4
Mountain House Page 361 of 846
152
(b) The Master Plan Amendment shall not adversely affect the jobs/housing program and housing affordability; and
(c) All applicable provisions of the Mountain House Development Agreement have been met.
9-8-305 Recovery of Costs.
For a Master Plan or a Master Plan Amendment prepared at the City’s expense, the City Council may impose a Master Plan fee. The fee shall be applied to persons seeking approvals for development within the area covered by the Master Plan or Master Plan Amendment. The fee charged shall be a prorated amount determined on the basis of the amount of land proposed for development expressed as a percentage of the total land included in the applicable Master Plan or Master Plan Amendment.
CHAPTER 4. PUBLIC FINANCING PLANS
9-8-401 Intent.
The intent of this Chapter is to provide for the adoption and amendment of Public Financing Plans to facilitate implementation of the General Plan for new communities or substantial expansion of existing communities. The need for a Public Financing Plan is defined by the policies or implementation measures of the General Plan. 9-8-402 Requirements for Application.
Applications for Public Financing Plans may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his or her authorized agent. To initiate an application, the applicant shall file a request for a preapplication conference with the Community Development Department. The Public Financing Plan or the Public Financing Plan Amendment shall be prepared by the City or its consultant, with information provided by the applicant. A fee, as specified by resolution of the City Council, shall be required.
9-8-403 Review Procedures.
Public Financing Plan applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Public Financing Plan Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-404 Approval.
Prior to approving an application for a Public Financing Plan Amendment, the Planning Commission and the City Council shall determine that the following are true:
ATTACHMENT B
Item 7.4
Mountain House Page 362 of 846
153
(a) The Public Financing Plan Amendment is consistent with the General Plan and the Master Plan;
(b) The Public Financing Plan Amendment shall not adversely affect the jobs/housing program and housing affordability; and
(c) All applicable provisions of the Mountain House Development Agreement have been met.
9-8-404.1 Required Studies.
Prior to taking action on an application for a Public Financing Plan Amendment, the impact of the proposed Public Financing Plan Amendment on the jobs/housing program and on housing affordability shall be determined. In addition, the potential impact of the Public Financing Plan Amendment on the financial and fiscal resources of the community and the City shall be determined.
(a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-405 Recovery of Costs.
For a Public Financing Plan or a Public Financing Plan Amendment prepared at the City’s expense, the City Council may impose a Public Financing Plan fee. The fee shall be applied to persons seeking approvals for development within the area covered by the Public Financing Plan or Public Financing Plan Amendment. The fee charged shall be a prorated amount determined on the basis of the amount of land proposed for development expressed as a percentage of the total land included in the applicable Pubic Financing Plan or Pubic Financing Plan Amendment.
CHAPTER 5. SPECIFIC PLANS
9-8-501 Intent.
The intent of this Chapter is to provide a method for adopting and amending Specific Plans, as provided in the California Government Code.
9-8-502 Requirements for Application.
(a) Applications for Specific Plans or Specific Plan Amendments may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or the property owner’s authorized agent.
(b) Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required. 9-8-503 Review Procedures.
Specific Plan Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application.
ATTACHMENT B
Item 7.4
Mountain House Page 363 of 846
154
(1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Specific Plan Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-503.1 Required Studies.
Prior to taking action on an application for a Specific Plan or Specific Plan Amendment, the impact of the proposed Specific Plan or Specific Plan Amendment on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the Specific Plan or Specific Plan Amendment on the financial and fiscal resources of the community and the City shall be determined.
(a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-504 Approval.
Prior to approving an application for a Specific Plan or Specific Plan Amendment, the Planning Commission and the City Council shall determine that the following are true:
(a) The Specific Plan or Specific Plan Amendment is consistent with the General Plan the Master Plan and the Public Financing Plan;
(b) The Specific Plan or Specific Plan Amendment shall not adversely affect the jobs/housing program and housing affordability; and
(c) All applicable provisions of the Mountain House Development Agreement have been met.
9-8-505 Recovery of Costs.
For a Specific Plan or a Specific Plan Amendment prepared at the City’s expense, the City Council may impose a Specific Plan fee. The fee shall be applied to persons seeking approvals for development within the area covered by the Specific Plan or Specific Plan Amendment. The fee charged shall be a prorated amount determined on the basis of the amount of land proposed for development expressed as a percentage of the total land included in the applicable Specific Plan or Specific Plan Amendment.
CHAPTER 6. DEVELOPMENT TITLE TEXT AMENDMENTS
9-8-601 Intent.
It is the intent of this Chapter to provide for the method to amend this Title, as provided in the California Government Code.
ATTACHMENT B
Item 7.4
Mountain House Page 364 of 846
155
9-8-602 Requirements for Application.
Applications for Text Amendments may be initiated by any interested party. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required.
9-8-603 Review Procedures.
Text Amendment Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Text Amendment Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial is appealed.
9-8-603.1 Required Studies.
Prior to taking action on an application for a Mountain House Development Title Text Amendment (MHDTA), the impact of the proposed MHDTA on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the MHDTA on the financial and fiscal resources of the community and the City shall be determined. (a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-604 Approval.
Prior to approving an application for a MHDTA, the Planning Commission and the City Council shall determine that the following are true:
(a) The MHDTA is consistent with the General Plan, the Master Plan and the Public Financing Plan;
(b) The MHDTA shall not adversely affect the jobs/housing program and housing affordability; and
(c) All applicable provisions of the Mountain House Development Agreement have been met.
CHAPTER 7. ZONE RECLASSIFICATIONS
9-8-701 Intent.
It is the intent of this Chapter to provide a method for the reclassification of property from one zoning district to another, as provided in the California Government Code.
ATTACHMENT B
Item 7.4
Mountain House Page 365 of 846
156
9-8-702 Requirements for Application.
Applications for Zone Reclassification may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or the property owner’s authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required. 9-8-703 Review Procedures.
Zone Reclassification Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public hearing, the Planning Commission shall recommend approval of the application of deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Zone Reclassification Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-703.1 Required Studies.
Prior to taking action on an application for a Zone Reclassification, the impact of the proposed Zone Reclassification on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the Zone Reclassification on the financial and fiscal resources of the community and the City shall be determined. (a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-704 Approval.
Prior to approving an application for a Zone Reclassification, the Planning Commission and the City Council shall determine that all of the following are true:
(a) The zone district is consistent with the General Plan, the Master Plan, any applicable Specific Plan and the Public Financing Plan; (b) The zone district is reasonable and beneficial at the time; (c) The zone district shall not adversely affect the jobs/housing program and housing affordability; and
(d) All applicable provisions of the Mountain House Development Agreement have been met.
ATTACHMENT B
Item 7.4
Mountain House Page 366 of 846
157
9-8-705 Reserved.
CHAPTER 8. SPECIAL PURPOSE PLANS
9-8-801 Intent.
The intent of this Chapter is to provide for the adoption and amendment of Special Purpose Plans to facilitate implementation of the General Plan in portions of communities or larger areas. A Special Purpose Plan shall be used to provide a greater level of detail and more specific guidance than is contained in the General Plan. The need for a Special Purpose Plan typically would be identified during a pre-application conference or by other procedures initiated by the City.
9-8-802 Typical Uses.
Typical uses for Special Purpose Plans shall include, but shall not be limited to, the following:
(a) Commercial Recreation and Freeway Service Uses. Planning for areas designated as Commercial Recreation or Freeway Service in the General Plan; (b) Utilities. Planning for the provision or installation of utilities in specific areas; (c) Roadways. Establishing the location of roadways and roadway rights-of-way; (d) Improvements. Coordinating the provision of improvements such as noise barriers or fencing;
(e) Aesthetics. Establishing aesthetic standards for specific areas; and (f) Parking. Providing comprehensive parking plans, consistent with Chapter 4 of Division 10, for specific commercial areas.
9-8-803 Requirements for Application.
Applications for Special Purpose Plans and Special Purpose Plan Amendments may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his or her authorized agent. Applications shall be filed with the Community Development Department; applications for Special Purpose Plans in Commercial Recreation and Freeway Commercial Zones shall be submitted at the same time as the application for a Zone Reclassification. A fee, as specified by resolution of the City Council, shall be required.
9-8-804 Review Procedures.
Each Special Purpose Plan application shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Special Purpose Plan Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
ATTACHMENT B
Item 7.4
Mountain House Page 367 of 846
158
9-8-805 Required Studies.
Prior to taking action on an application for a Special Purpose Plan, the impact of the proposed Special Purpose Plan on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the Special Purpose Plan on the financial and fiscal resources of the community and the City shall be determined. (a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-806 Approval.
Prior to approving an application for a Special Purpose Plan, the Planning Commission and the City Council shall determine that the following are true:
(a) The Special Purpose Plan is consistent with the General Plan, the Master Plan, any applicable Specific Plan, and the Public Financing Plan; (b) The Special Purpose Plan shall not adversely affect the jobs/housing program and housing affordability; and
(c) All applicable provisions of the Mountain House Development Agreement have been met.
9-8-807 Contents.
All Special Purpose Plans shall contain a map of the area to be affected by the plan and text which describes the plans for said area. The level of detail may be specific or conceptual as appropriate. In addition, plans may include any or all of the following:
(a) Land Use and Standards. The location of, and standards for, land uses, structures, and facilities;
(b) Transportation Standards. The location of, and standards for, streets, roads, and other transportation facilities;
(c) Improvements and Standards. The phasing, financing, and location of, and standards for, sewage treatment, water, and storm drainage facilities or other improvements; (d) Natural Resource Standards. Standards for the conservation, development, and use of natural resources; and
(e) Environmental Impact Mitigation. Standards and measures for mitigating environmental impacts of area development.
9-8-808 Subsequent Applications.
(a) Improvement Plan. If the Director determines that the uses and issues of a proposed application were addressed in an existing Special Purpose Plan and there is no expansion to the area covered by the project, an Improvement Plan may be used for the subsequent application.
(b) Expansion of Special Purpose Plans. Expansion of a development, beyond the uses and issues addressed in an existing Special Purpose Plan, shall require an amended or new Special Purpose Plan.
ATTACHMENT B
Item 7.4
Mountain House Page 368 of 846
159
(c) Other Plans. For uses requiring a Special Purpose Plan that have an existing permit, the existing permit is valid for the purpose for which it was issued. Any expansion of such use shall require a Special Purpose Plan.
9-8-809 Legal Effect of Adopted Plan.
All improvements and land uses shall be consistent with an adopted Special Purpose Plan. Once adopted, plans shall remain in effect until amended or rescinded by the City Council.
CHAPTER 9. SITE APPROVALS
9-8-901 Intent.
It is the intent of this Chapter to provide a method for reviewing proposed uses which possess characteristics that require special appraisal in order to determine if the uses have the potential to adversely affect other land uses, transportation, or facilities in the vicinity. The Review Authority may require conditions of approval necessary to eliminate, or minimize to an acceptable level, any potentially adverse effects of a use. 9-8-902 Requirements for Application.
(a) Applications for Site Approvals may be initiated by the property owner or the property owner’s authorized agent.
(b) Applications shall be filed with the Community Development Department. A request for Site Approval shall include a site plan which clearly delineates the location and characteristics of the proposed use. A fee, as specified by resolution of the City Council, shall be required.
9-8-903 Review Procedures.
Site Approvals shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter 4 of Division 2.
9-8-904 Development Requirements.
Site Approvals approved under the provisions of this Chapter shall be subject to those conditions which ensure that the proposed use meets the requirements of the City and any additional conditions necessary to make the findings for approval. Unless otherwise specified, the use cannot be established until all conditions have been complied with. 9-8-905 Expansion of Existing Uses.
Existing uses subject to Site Approvals may be expanded pursuant to this Section. (a) Required Conditions. In those instances involving uses that require and have Site Approval, the Director of Community Development may approve plans for the expansion or adjustment of an existing development when the expansion complies with all of the following conditions:
(1) The building or use expansion is incidental to an existing use; (2) The building or use expansion does not result in a change of use; (3) No building expansion involves more than a twenty-five percent (25%) increase in floor area covered by existing structures associated with the use;
ATTACHMENT B
Item 7.4
Mountain House Page 369 of 846
160
(4) No use expansion involves more than a ten percent (10%) increase in the overall site area covered by the existing use;
(5) The building or use expansion, in the opinion of the Director of Community Development, would not have a substantial, adverse effect on adjacent property; and (6) The building or use expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director of Community Development.
(b) Conditions Not Met. If a proposed expansion does not comply with the above conditions in Subsection (a), a new Site Approval shall be required. 9-8-906 Findings.
Prior to approving an application for a Site Approval, the Review Authority shall find that all of the following are true:
(a) Consistency. The proposed use is consistent with the goals, policies, standards and maps of the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the City;
(b) Improvements. 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; (c) Site Suitability. The site is physically suitable for the type of development and for the intensity of development;
(d) Issuance Not Detrimental. Issuance of the permit will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties;
(e) Compatibility. The use is compatible with adjoining land uses; and (f) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.
CHAPTER 10. USE PERMITS
9-8-1001 Intent.
It is the intent of this Chapter to provide a method of reviewing proposed uses which possess characteristics that require special appraisal in order to determine if the uses have the potential to adversely affect other land uses, transportation, or facilities in the vicinity. The Review Authority may require conditions of approval necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the use. 9-8-1002 Requirements for Application.
Applications for Use Permits may be initiated by the property owner or the property owner’s authorized agent. Applications shall be filed with the Community Development Department. A request for a Use Permit shall include a site plan which clearly delineates the location and characteristics of the proposed use. A fee, as specified by resolution of the City Council, shall be required.
ATTACHMENT B
Item 7.4
Mountain House Page 370 of 846
161
9-8-1003 Review Procedures.
Use Permit Applications shall be reviewed by the Planning Commission using the Public Hearing Review Procedure in Chapter 5 of Division 2.
9-8-1004 Development Requirements.
Use Permits approved under the provisions of this Chapter may be subject to any reasonable conditions necessary to meet the intent of this Chapter or make necessary findings.
Unless otherwise specified, no use shall be established until all conditions have been complied with.
9-8-1005 Expansion of an Existing Use.
Existing uses subject to a Use Permit may be expanded pursuant to this Section. (a) Required Conditions. In those instances involving uses that require a Use Permit and a Use Permit has been approved, the Director of Community Development may approve plans for the expansion of the existing use when the expansion complies with all of the following conditions:
(1) The building or use expansion is incidental to the existing use; (2) The building or use expansion does not result in a change of use; (3) No building expansion involves more than a twenty-five (25) percent increase in floor area covered by existing structures associated with the use; (4) No use expansion involves more than a ten (10) percent increase in the overall site area covered by the existing use;
(5) The building or use expansion, in the opinion of the Director of Community Development, would not have a substantial adverse effect on adjacent property; and (6) The building or use expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director of Community Development.
(b) Conditions Not Met. If a proposed expansion does not comply with the above conditions in Subsection (a), a new Use Permit shall be required. 9-8-1006 Findings.
Prior to approving an application for a Use Permit, the Review Authority shall find that all of the following are true:
(a) Consistency. The proposed use is consistent with the goals, policies, standards and maps of the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the City;
(b) Improvements. 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; (c) Site Suitability. The site is physically suitable for the type of development and for the intensity of development;
(d) Issuance Not Detrimental. Issuance of the permit will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties;
(e) Compatibility. The use is compatible with adjoining land uses;
ATTACHMENT B
Item 7.4
Mountain House Page 371 of 846
162
(f) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met;
(g) Issuance Not Detrimental. Issuance of the permit will not be significantly detrimental to the public health, safety, or welfare or be injurious to the property or improvements of adjacent properties; and
(h) Compatibility. The use is compatible with adjoining land use. 9-8-1007 Findings for Specific Uses.
Prior to approval of a Use Permit for specific uses, the Review Authority shall make the following findings for that use:
(a) Recreational Vehicle Parks. The property is in a location which will either:
(1) Serve users of existing freeways, or
(2) Serve the users of an existing or proposed recreational area.
CHAPTER 11. DEVIATIONS
9-8-1101 Intent.
It is the intent of this Chapter to establish exceptions to the regulations of this Title which may be used to ensure that property, because of special circumstances such as size, shape, topography, location, or surroundings, shall be accorded privileges commonly enjoyed by the other properties in the same zone in the vicinity.
9-8-1102 Permitted Zone and Permitted Modifications.
Applications for Deviations may be accepted in all zones, unless otherwise specified.
Applications for Deviations may be considered for the following modifications only:
(a) Setback Requirements. Setback requirements may be altered as follows:
(1) Up to forty (40) percent of the front yard setback requirement, but not closer to the property line than fifteen (15) feet;
(2) Up to forty (40) percent of the side yard setback requirement, but no closer to the property line than three (3) feet; or
(3) Up to thirty (30) percent of the rear yard setback requirement, but no closer to the property line than ten (10) feet.
(b) Area, Width, and Intensity Requirements. Area, width, and intensity requirements may be altered as follows:
(1) Up to thirty (30) percent of the area requirements for uses or use types; or (2) Up to ten (10) percent of the lot area, lot width, or intensity requirements. (c) Height Requirements. Height requirements may be altered up to thirty (30) percent in excess of height limits, but not to exceed five (5) feet. 9-8-1103 Requirements for Application.
Applications for Deviations may be initiated by the property owner or the property owner’s authorized agent. Applications shall be filed with the Community Development Department. A request for Deviation shall include a site plan which clearly delineates the location and extent of the regulation to be modified. A fee, as specified by resolution of the City Council, shall be required.
ATTACHMENT B
Item 7.4
Mountain House Page 372 of 846
163
9-8-1104 Review Procedures.
Deviation Applications shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter 4 of Division 2.
9-8-1105 Findings.
Prior to approving an application for a deviation, the Review Authority shall find that all of the following are true:
(a) Not Detrimental. The granting of the deviation will not be materially detrimental to other properties or land uses in the area;
(b) Exceptional Circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended uses that do not apply to other properties in the same zoning district in the vicinity; (c) Denial of Privileges. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity; (d) Consistency. The proposed use is consistent with the goals, policies, standards and maps of the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the City; and
(e) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.
CHAPTER 12. VARIANCES
9-8-1201 Intent.
It is the intent of this Chapter to provide a means of altering the requirements of this Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties in the vicinity and under identical zoning because of special circumstances applicable to the property involved. 9-8-1202 Permitted Zones.
Applications for Variances may be accepted in all zones, unless otherwise specified. 9-8-1203 Requirements for Application.
Applications for Variances may be initiated by the property owner or the owner’s authorized agent. Applications shall be filed with the Community Development Department. A request for a Variance shall include a site plan which clearly delineates the location and extent of the regulation to be varied. A fee, as specified by resolution of the City Council, shall be required.
9-8-1204 Review Procedures.
Variance applications shall be reviewed by the Planning Commission using the Public Hearing Review Procedure in Chapter 5 of Division 2.
9-8-1205 Findings.
Prior to approving an application for a variance, the Review Authority shall find that all of the following are true:
ATTACHMENT B
Item 7.4
Mountain House Page 373 of 846
164
(a) Special Circumstances. Because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;
(b) No Special Privileges. The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated;
(c) Use Authorized. The variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property; and (d) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.
CHAPTER 13. ACCESSORY DWELLING UNITS (ADU)
9-8-1301 Purpose
The purpose of this Chapter is to provide methods for approving Accessory Dwelling Units (ADUs) in the Mountain House Development.
9-8-1302 Permitted Zones; General Requirements and Restrictions ADUs shall be permitted in the R-VL, R-L, R-M, R-MH, and M-X zones. ADUs may be permitted in the AU-20 zone, provided the underlying Master Plan designation is R/VL, R/L, R/M R-H or R/MH. ADUs are not permitted on a lot that contains a Second Dwelling Unit.
ADUs must be located, developed, and operated in compliance with the following standards. (a) Where Allowed; General Requirements and Restrictions. (1) One ADU and one Junior Accessory Dwelling Unit (JADU) may be constructed or otherwise permitted on a lot in any zone which allows a single-family dwelling as a permitted use. An ADU or JADU that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure.
An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.
(2) Multiple converted or detached ADUs may be constructed on a lot with an existing multi-family use, where consistent with Government Code Section 65852.2(e)(1)(C) and (D).
(b) Types of Units Allowed. The types of units allowed include an attached ADU, detached ADU, converted ADU, interior ADU, or JADU.
(c) Relation to Primary Dwelling Unit. To construct or convert an existing structure to an ADU, there must be a primary dwelling unit on the same legal parcel. (d) Relation to General Plan, Mountain House Master Plan, affected Specific Plan and Zoning Density Limits. An ADU that conforms to the standards of this section shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located and shall be deemed to be a residential use that is consistent with the General Plan and zoning designations for the lot. The ADU shall not be considered in the application of any City ordinance, policy, or program to limit residential growth except where water or sewer system capacity constraints have been identified by the City.
ATTACHMENT B
Item 7.4
Mountain House Page 374 of 846
165
(e) Permanent Address. The property owner shall obtain an approved permanent address for an ADU from the Community Development Department. (f) Availability of Water and Sewer Service. Prior to issuance of a building permit for an ADU, the property owner must provide confirmation that adequate water and wastewater disposal service is available from the City to the Community Development Department. (g) Fees. The property owner shall be subject to the payment of all sewer, water, and other applicable fees, except as specifically provided in Government Code Section 65852.2 and 65852.22.
(1) No impact fee shall be charged for development of an ADU less than 750 square feet in size.
(A) For purposes of this section, impact fee has the same meaning as the term “fee” is defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477.
(B) Impact fee does not include any connection fee or capacity charge charged by a local agency, special district, or water corporation.
(h) Sprinklers. Fire sprinklers are not required for ADUs if sprinklers were not required for the primary residence.
(i) Solar. Solar is required pursuant to the requirements of California Code of Regulations Title 24.
(j) Restrictions. All ADUs are subject to the following restrictions:
(1) The development and use of an ADU shall only be valid and permitted based on the terms established in this section.
(2) Prior to issuance of a building permit for an ADU, the property owner shall sign the appropriate Building Permit Application attesting to the Community Development Department that the project meets the following requirements:
(A) The ADU shall not be sold separately from the primary residence; (B) The ADU is restricted to the maximum size as defined in this chapter; (C) The property owner and all successors in interest in the property shall respond to the City’s periodic surveys of owners of ADUs for reporting purposes to the State Department of Housing and Community Development; and
(D) The ADU shall not be rented or leased for a period of less than 30 consecutive days.
(3) Prior to issuance of a building permit for a JADU, the property owner shall record a deed restriction with the County Recorder's Office and provide a copy of the deed restriction to the Community Development Department, including the following restrictive covenants:
(A) The JADU shall not be sold separately from the primary residence; (B) The JADU is restricted to the maximum size allowed by this section or as approved by a building permit for the JADU;
(C) The property owner and all successors in interest in the property shall respond to the City's periodic surveys of owners of JADUs for reporting purposes to the State Department of Housing and Community Development; and
(D) The JADU shall not be rented or leased for a period of less than 30 consecutive days.
(k) Permits Required.
(1) Building Permits. Applicants for ADUs must submit a building permit application to the Community Development Department to ensure that the standards of this section are met.
ATTACHMENT B
Item 7.4
Mountain House Page 375 of 846
166
The Department shall not issue a building permit without confirming compliance with the provisions of this chapter. The City shall not final building permits for an ADU before it finals building permits for the primary dwelling.
(2) Other Required Approvals. Applications for ADUs are also subject to applicable permit requirements and approvals, including but not limited to building permits, grading permits, encroachment permits, home occupation permits, flood variances, if required, sanitation permits, well permits, and other construction related permits and approvals. (l) Building Permit Applications. Requests for approvals of ADUs may be initiated by the property owner or the property owner's authorized agent by submitting a building permit application. All of the following minimum requirements shall be met when filing a building permit application:
(1) Owner Occupancy – JADUs Only. The owner of the property shall occupy either the existing single-family dwelling or the proposed JADU for a period exceeding 90 days per year.
(2) Number of Units. There shall be no more than one ADU or Second Dwelling Unit and one JADU per lot, unless otherwise permitted in this Chapter. (m) Building Plans.
(1) An ADU shall include provisions for living, eating, cooking, and sleeping, including a closet or other reasonable storage.
(2) All exterior lighting, including landscape lighting, shall be shielded or directed so that it does not create glare off-site or illuminate the primary dwelling or adjacent property. (3) An ADU shall have separate exterior access.
9-8-1303 Development Standards for ADUs.
The development requirements provided by this Section shall be applicable to ADUs. (a) Maximum Size of Unit.
(1) Detached ADU. An ADU structurally independent and detached from the existing or proposed primary dwelling shall not exceed 1,200 square feet. (2) Attached ADU. An ADU attached to an existing primary dwelling shall not exceed 50% of the total existing or proposed living area of the primary dwelling. (b) Height. ADUs shall adhere to the following height requirements:
(1) A detached ADU shall not exceed 16 feet in height on a lot with an existing or proposed single family or multifamily dwelling unit.
(2) A detached ADU shall not exceed 18 feet in height on a lot with an existing or proposed single family that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional 2 feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (3) A detached ADU shall not exceed 18 feet in height on a lot with an existing or proposed multifamily, multistory dwelling.
(4) An attached ADU shall not exceed 25 feet in height. (5) An ADU which has more than 50% of the floor area located above an existing or proposed garage shall not exceed 25 feet in height.
(c) Setbacks.
(1) For an ADU a setback of no more than 4 feet from the side and rear property lines shall be required, unless it is a converted ADU. No setback shall be required for a converted
ATTACHMENT B
Item 7.4
Mountain House Page 376 of 846
167
ADU. Front yard and street-side yard setbacks for ADUs shall be the same as those required for the primary dwelling unit. In cases where there is no opportunity to construct an ADU elsewhere on the property, an ADU of no more than 800 square feet may be located within the front or street-side setback area only to the extent that is necessary to accommodate it. (2) For an ADU that is not converted from an existing structure, the rear yard setback shall conform to the Mountain House Master Plan Community Edge treatment as defined in Chapter 4.3 of the Mountain House Master Plan. Government Code Section 65852.2(c)(2)(C) stipulates an exception to the Mountain House Community setback standards which would allow a 800-square foot ADU, 16 feet in height, with four-foot side and rear yard setbacks. (d) Location. Detached ADUs shall be separated from the primary dwelling and any accessory structures on the lot by the minimum required by the California Building Code as adopted by the City.
(e) Compatibility. The ADU shall be of the same architectural style and constructed of the same materials as the garage and the primary dwelling. If attached to the primary dwelling or the garage, the ADU shall be visually and physically integrated into the design of the primary dwelling or garage.
(f) Lot Coverage. An ADU will not be required to conform to the lot coverage standard of the zone where the ADU will be located if application of the coverage standard would restrict the allowances for ADU provided in Government Code Section 65852.2(c)(2)(C) and not allow an 800-square foot ADU that is 16 feet in height with four-foot side and rear yard setbacks.
(g) Off-Street Parking. Off-street parking shall be provided as required by Chapter 4 of Division 10.
(1) The minimum parking requirement for an ADU shall be 1 parking space. This space may be provided as tandem parking on an existing driveway or in a setback area. (2) No additional parking shall be required if the ADU is located:
(A) Within one-half mile of public transit;
(B) In a historic district designated by the City;
(C) In part of an existing primary residence or an existing accessory structure; (D) In an area requiring on-street parking permits but they are not offered to the occupant of the accessory dwelling unit; or
(E) Within 1 block of a carshare pick up/drop-off location. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking provided by the garage, carport or covered parking structure does not have to be replaced.
(h) Requirements for Manufactured Homes. If the ADU is a manufactured home, it shall be installed on a permanent foundation, and the following additional requirements shall apply:
(1) The manufactured home shall comply with the 1974 National Manufactured Housing Construction and Safety Act and be 10 years or newer. (2) No permanent room additions shall be allowed, but patio covers constructed of the same materials as the manufactured home shall be permitted; and (3) Skirting constructed of the same materials as the manufactured home shall be installed.
ATTACHMENT B
Item 7.4
Mountain House Page 377 of 846
168
(i) Recreational Vehicles. Recreational vehicles, including but not limited to motor homes, travel trailers, tent trailers, fifth wheel trailers, and house boats do not qualify as an ADU as defined in this Section.
(j) Supplemental Standards for Attached ADUs.
(1) An attached ADU must share at least one common wall or roofline with the living area of the principal dwelling.
(2) An attached ADU shall have a separate entrance, located on the side, front, or the rear of the ADU; provided, however, that in no event shall any external stairwell be placed within the side yard setback.
(k) Supplemental Standards for Detached ADUs.
(1) The distance between the principal dwelling and a detached ADU must be the minimum distance required by the California Building Code. (2) A detached accessory structure legally in existence prior to the effective date of this Section and located outside of the front yard setback, may be converted into an accessory dwelling unit, regardless of any existing nonconformity as to side setback, rear setback, or height if:
(A) The existing structure is not modified or added to in any way that increases the level of nonconformity with all applicable regulations in Title 9; and (B) The minimum parking requirements are met on site.
9-8-1304 Development Standards For JADUs.
(a) Size of Unit. JADUs shall not exceed 500 square feet of floor space. An efficiency unit (a single room that includes sleeping and kitchen function) shall not contain less than 150 square feet of floor space, exclusive of a bathroom. (b) Location. A JADU must be contained entirely within the existing walls of a single- family dwelling and include conversion of an existing bedroom or other space within the dwelling to habitable space.
(c) Exterior Entry. A separate exterior entry shall be provided to serve the JADU. (d) Efficiency Kitchen. A JADU shall include an efficiency kitchen. (e) Bathroom Access. Access to a bathroom is required, which may be part of the JADU or located in the existing primary dwelling. If provided as part of the primary dwelling, the JADU shall have direct access to the main living area of the primary dwelling so as not need to go outside to access the bathroom.
(f) Off-street Parking. No additional parking is required for a JADU. 9-8-1305 Second Unit Dwelling Plan
For a Second Dwelling Unit Plan, the number of lots upon which second unit dwellings will be located shall be at least 6.5% for lands designated in Specific Plan I and Specific Plan II and 10% for Specific Plan III areas of the total number of detached single family residential lots as defined in each specific neighborhood as illustrated in the Mountain House Master Plan.
The number of secondary Dwelling Units per neighborhood shall be depicted on the relevant tentative map or maps, rounded to the nearest whole number.
ATTACHMENT B
Item 7.4
Mountain House Page 378 of 846
169
CHAPTER 14. RESERVED
CHAPTER 15. RESERVED
CHAPTER 16. HOME OCCUPATION PERMIT
9-8-1601 Intent.
The intent of this Chapter is to provide for business uses in association with residences in cases where such uses will clearly not alter the character, appearance, or function of the residential environment. Any home occupations that are approved consistent with this Chapter must also operate in compliance with the City of Mountain House Master Restrictions and CC&Rs.
9-8-1602 Permitted Uses.
Any business use that can be operated without adverse effects to the residential neighborhood in terms of traffic, parking, public safety, or other hazards may be accepted as a home occupation, provided said business use is conducted within a legally established residence or within a building that is clearly accessory to a legally established residence. Common examples of permitted home occupations include architecture, engineering, interior design, data processing and other computer-based work, insurance sales, consulting, online sales/commerce, dressmaking/sewing, jewelry or artisan craft making, and other sole-proprietor type businesses that do not rely on customer traffic.
9-8-1603 Requirements for Application.
Applications for Home Occupation Permits may be initiated by the property owner or the property owner’s authorized agent, which is most often a tenant. Applications shall be filed with the Community Development Department. The property proposed to support the home occupation shall contain a minimum of one (1) dwelling unit. A fee, as specified by resolution of the City Council, shall be required.
9-8-1604 Review Procedures.
Proposed home occupations shall be subject to the Staff Review Procedure. 9-8-1605 Development Requirements.
In order to reduce the impact of a home occupation business to the degree that its effect on the neighborhood is undetectable from normal and usual residential activity, Home Occupation Permits approved pursuant to this Chapter shall comply with the provisions of this Section:
(a) Appearance. The appearance of the structure shall not be altered, nor shall the occupation within the residence be conducted, in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or signs, or by the emission of sounds, noises, or vibrations. (b) Employees. All employees shall be members of the resident family and shall reside on the premises.
ATTACHMENT B
Item 7.4
Mountain House Page 379 of 846
170
(c) Sale of Merchandise. There shall be no sale of merchandise on the premises, nor shall there be any customers or clients permitted on the premises, except for cottage food products consistent with the California Department of Public Health Requirements. (d) Traffic. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.
(e) Commercial Vehicle. The home occupation may involve the use of a commercial vehicle, not to exceed eleven thousand (11,000) pounds gross vehicle weight rating (GVWR), as defined in the California Vehicle Code, or a single-vehicle limousine service. Any commercial vehicle used in a home occupation business shall be parked within a garage or carport on the same parcel as the residence where the home occupation business operations occur. (f) Size Limits. Up to four hundred (400) square feet and no more than one-third (⅓) of any residence, including a second unit dwelling, may be used for the home occupation. (g) Storage. There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder, except for those amounts which would normally be permitted by the Uniform Building Code or specifically approved as to type by the Director; nor shall merchandise be visible from outside the home. (h) Location. The home occupation shall be confined within a building. When conducted in a garage, the home occupation shall not eliminate the use of the garage as a parking space for a car.
(i) Use of Facilities and Utilities. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (j) Advertising. There shall be no public advertising which calls attention to the fact that the home is being used for business purposes. Telephone listings shall not contain the address of the home occupation business.
(k) Electromagnetic Interference. Electrical or mechanical equipment which creates audible interference in radio receivers or visual or audible interference in television receivers or causes fluctuations in line voltage outside the dwelling unit is prohibited. (l) Objectionable Impacts. Work that produces noise, vibration, glare, fumes, odors, dust or electrical interference outside of the residence or structure is prohibited. (m) Number of Home Occupations. No more than two (2) home occupations may be operated from any given residence or parcel.
9-8-1606 Noncompliance with Development Requirements.
The Review Authority may revoke any Home Occupation Permit for noncompliance with the development requirements set forth in approving the permit provided that the permittee is given notice and an opportunity to be heard.
9-8-1607 Restricted Home Occupations.
The following home occupations are permitted subject to specific requirements and limitations:
(a) Construction Contractors. No on-site storage of heavy equipment or construction materials is permitted. A maximum of one (1) pickup truck that is associated with the business may be parked on-site.
(b) Cottage Food Operations. Cottage Food businesses may be permitted only in compliance with all applicable State, County, and City regulations.
ATTACHMENT B
Item 7.4
Mountain House Page 380 of 846
171
(c) Small Equipment Repair. No customer deliveries or pick-up may occur at the residence. Any testing must occur within an enclosed building. (d) Furniture Repair/Restoration. No customer deliveries or pick-up may occur at the residence.
(e) Landscape Maintenance. No on-site storage of fertilizers, pesticides, plants, soils, or heavy equipment/machinery. A maximum of one (1) pickup truck that is associated with the business may be parked on-site.
(f) Mail Order Businesses. Direct on-site sales prohibited. (g) Manufacturing of Artisan Crafts, Clothing, etc. Only light-duty equipment that is typically associated with residential use is permitted. (h) Private Lessons and Individual Instruction. Only one (1) student may be instructed at a time.
9-8-1608 Prohibited Uses.
The following uses are expressly prohibited as home occupations:
(a) Taxicab, limousine, ambulance services, tow truck services, hearse service, or other services involving the on-call dispatching of a vehicle parked at the residence by radio, telephone, or other means;
(b) Ammunition reloading;
(c) Any business activities associated with cannabis-based products; (d) Bed and Breakfast lodging;
(e) Ceramics production, repair, or maintenance using a kiln of six (6) cubic feet or larger;
(f) Dog and cat breeding;
(g) Gym, dance, or exercise studio;
(h) Mortician services;
(i) Medical or dental office;
(j) Private club;
(k) Restaurants;
(l) Retail sales, except those associated with an artist’s, artisan’s, or photographer’s original work;
(m) Veterinary services;
(n) Welding shop;
(o) Storage, repair, or reconditioning of cars, boats, recreational vehicles, and other motorized vehicles;
(p) Storage, repair or reconditioning of major household appliances or other such large mechanical equipment on-site;
(q) Any use that is included in Group H Occupancies;
(r) Such other uses as determined by the Director to be incompatible with residences, residential uses, or the residential character of the neighborhood. 9-8-1609 Renewal of Home Occupation Permit Without Penalty.
A holder of a Home Occupation Permit who is in violation of the provisions under which it was originally issued, and who has received notice from the City that said Permit has been revoked, may renew the Home Occupation Permit without penalty, provided the home occupation business is conducted in accordance with the provisions of this Chapter. The holder
ATTACHMENT B
Item 7.4
Mountain House Page 381 of 846
172
of such Home Occupation Permit shall have thirty (30) days from the date of receipt of written notification of required renewal by the City to renew said Home Occupation Permit.
CHAPTER 17. FLOOD VARIANCE PROCEDURES
9-8-1701 Nature of Flood Variances.
(a) The issuance of a Flood Variance is for floodplain management purposes only.
Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a Flood Variance.
(b) The Flood Variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that Flood Variances pertain to a piece of property and are not personal in nature. A Flood Variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. (c) It is the duty of the Community Development Department and the Department of Public Works to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that Flood Variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if Flood Variances are strictly limited. Therefore, the Flood Variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a Flood Variance can be properly granted. The criteria are designed to screen-out those situations in which alternatives other than a Flood Variance are more appropriate. 9-8-1702 Conditions for Flood Variances.
(a) Generally, Flood Variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Division 16 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Flood Variance increases.
(b) Flood Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the Flood Variance is the minimum necessary to preserve the historic character and design of the structure. (c) Flood Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the bas discharge would result. (d) Flood Variances shall only be issued upon a determination that the Flood Variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of Flood Variances to an elevation requirement, this means the Community Development Department and the Department of Public Works need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Community Development Department and the
ATTACHMENT B
Item 7.4
Mountain House Page 382 of 846
173
Department of Public Works believe will both provide relief and preserve the integrity of the local ordinance.
(e) Any applicant to whom a Flood Variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a Flood Variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twentyfive dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property.
It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the City of Mountain House Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. (f) The Floodplain Administrator will maintain a record of all Flood Variance actions, including justification for their issuance, and report such Flood Variances issued in its biennial report submitted to the Federal Emergency Management Agency. 9-8-1703 Appeal Board.
(a) In passing upon requests for Flood Variances, the Community Development Department and the Department of Public Works shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the:
(1) Danger that materials may be swept onto other lands to the injury of others; (2) Danger of life and property due to flooding or erosion damage; (3) Susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the existing individual owner and future owners of the property; (4) Importance of the services provided by the proposed facility to the community; (5) Necessity to the facility of a waterfront location, where applicable; (6) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) Compatibility of the proposed use with existing and anticipated development; (8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) Safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(11) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
(b) Flood Variances shall only be issued upon a:
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the Flood Variance would result in exceptional “hardship” to the applicant; and
(3) Determination that the granting of a Flood Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see “Public safety and nuisance”), cause “fraud and victimization” of the public, or conflict with existing local laws or ordinances.
ATTACHMENT B
Item 7.4
Mountain House Page 383 of 846
174
(c) Flood Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of 9-8-1703(a) through 9-8-1703(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance.
(d) Upon consideration of the factors of 9-8-1702(a) and the purposes of this ordinance, the Community Development Department and the Department of Public Works may attach such conditions to the granting of Flood Variances as it deems necessary to further the purposes of this ordinance.
9-8-1704 Review Procedure.
The review procedure for a Flood Variance Application shall be a Public Hearing by the Planning Commission, as set forth in Chapter 5 of Division 2. 9-8-1705 Exceptions and Exclusions.
The following provisions shall apply:
(a) Flood Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Chapter; and
(b) Flood Variances shall not be issued within a floodway if an increase in flood levels during the one hundred (100) year flood discharge would result. 9-8-1706 Findings.
Prior to approving an application for a Flood Variance, the Review Authority shall find that all of the following are true:
(a) There is good and sufficient cause for the Flood Variance; (b) Failure to grant the Flood Variance would result in exceptional hardship to the applicant;
(c) The Flood Variance will not result in increased flood heights, create additional threats to public safety, produce extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (d) The Flood Variance is the minimum necessary, considering the flood hazard, to afford relief; and
(e) Granting of the Flood Variance will not constitute a grant of special privileges inconsistent with the limitations on similarly situated properties subject to the City’s flood regulations.
9-8-1707 Notice of Increased Risk.
Any applicant to whom a Flood Variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the regulatory flood elevation and that the cost of insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be prepared by the Community Development Department and recorded by 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.
ATTACHMENT B
Item 7.4
Mountain House Page 384 of 846
175
CHAPTER 18. RESERVED
CHAPTER 19. MAJOR SUBDIVISIONS
9-8-1901 Intent.
The intent of this Chapter is to provide a method for reviewing and approving Major Subdivision Applications.
9-8-1902 Requirements for Application.
A Major Subdivision Application may be initiated by the property owner or the property owner’s authorized agent. The application shall include a Tentative Map or, at the option of the applicant, a Vesting Tentative Map and other maps or documents required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.
In addition to the application requirements specified in Section 9-8-1902 and Chapters 2 of Division 9 of the Development Title, the application requirements listed below shall be applicable. The Community Development Director may waive one or more of the application requirements if inapplicable to the project, or valid information has been previously submitted. (a) Reports. The following reports/documents shall be submitted with the Major Subdivision Application:
(1) Cultural Resources Report, specifying the method of preserving significant architectural and/or historic cultural resources within the boundaries of the proposed subdivision; (2) Canal Report, evaluating the safety of open canals within one-half (½) mile of the boundaries of the proposed subdivision, and specifying the means to be taken to reduce the attractive nuisance of such canals to the future residents of the proposed subdivision; (3) Special Status Species Survey, consisting of a survey conducted by a qualified biologist of special status species within the boundaries of the proposed subdivision; (4) Tree Survey, specifying the location, species, and condition of all mature trees within the proposed subdivision;
(5) Nesting Site Survey, consisting of a survey conducted by a qualified biologist of occupied raptor nests in trees and of burrowing owl nesting sites within the boundaries of the proposed subdivision;
(6) Noise Study, conducted pursuant to Section 9-10-709, consisting of an assessment of existing and proposed noise contours, and proposed measures to control noise; (7) Farm Irrigation Drainage Report, consisting of a map of existing farm drains that traverse the proposed subdivision, identified by type, location and function; an analysis of the impacts of the proposed subdivision on the existing farm irrigation drainage system; a determination of the planned dispossession of the system, including the abandonment of specific pipes and drains; a determination of whether the farm irrigation drainage system could be integrated into the storm system for the proposed subdivision; and an estimate of the costs associated with reconstructing or rerouting irrigation waters caused by the proposed subdivision. (b) Attachments. The following attachments shall be submitted with the Major Subdivision Application:
(1) Will Serve Letters for all public services and utilities from the City and other service providers;
ATTACHMENT B
Item 7.4
Mountain House Page 385 of 846
176
(2) If a Development Agreement has been executed for the subject area, letter acknowledging completion of all required plans and programs as specified in said Development Agreement;
(3) Vehicle Circulation Plan and Roadway Improvement Plan; (4) Typical sections, including standards, for streets, alleys, bicycle paths/lanes, and pedestrian sidewalks/paths;
(5) Pedestrian, Bicycle, and Transit Connections Plan;
(6) Fencing and Edge Treatment Plan, showing community walls and community edge treatments and including community edge buffers;
(7) Soundwall Plan;
(8) Street Landscaping Plan, including neighborhood and community entries, showing implementation of CSD Roadway Landscaping Plan; (9) Street Lighting Plan;
(10) Second Unit Dwelling Plan, showing the location of all required second unit dwellings on a lot by lot basis, in accordance with Section 9-8-1305; (11) Open Space, Recreation, and Trails Plan;
(12) Sensitive Habitats Map, showing sensitive habitats, waterways, wetlands, and riparian areas;
(13) Conceptual Site Design Plan, showing sidewalks, driveways, pathways, off-street parking, building footprints, setbacks and building coverage, landscaping, and internal circulation (for nonresidential uses), for each specific land use type; and (14) Neighborhood Center Special Purpose Plan, if applicable, with illustrative drawings and map of the Neighborhood Center showing land use and building types (including child care centers), sidewalks, driveways, pathways, internal circulation, off-street parking, building footprints, setbacks, building coverage, landscaping, recreational uses, activity areas, and transit stops; and including related documents, specifically, the School Facilities Plan, the Neighborhood Park Plan, and Joint Powers Agreement for joint use of school and park facilities. (c) Project Description. A project description shall be submitted with the Major Subdivision Application. The project description shall provide sufficiently detailed information, as identified on the application form, to provide for comprehensive consistency findings with the Master Plan, Specific Plan, Development Title, EIR mitigations and monitoring program, and any applicable Special Purpose Plans.
9-8-1903 Review Procedures.
Major Subdivision Applications shall be reviewed using the Public Hearing Procedure specified in Chapter 5 of Division 2, with the following modifications:
(a) Action with no EIR. If an Environmental Impact Report is not required, the final action on the application shall be rendered within fifty (50) calendar days after it is accepted as complete.
(b) Action with EIR. If an Environmental Impact Report is required, the final action shall be rendered within fifty (50) calendar days after certification of the Environmental Impact Report.
(c) Appeals. Appeals of any Planning Commission decision shall be heard by the City Council within thirty (30) calendar days, or any mutually agreed upon extension thereof, after the date of filing the appeal. A final decision shall be rendered within ten (10) calendar
ATTACHMENT B
Item 7.4
Mountain House Page 386 of 846
177
days, or any authorized extension thereof, after the conclusion of the hearing before the City Council.
(d) Notice of Hearing. Notification of any public hearing shall include publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing. (e) Notice of Multiple Final Maps. If the applicant intends to file multiple final maps, the applicant shall inform the Review Authority of such intention at the time of filing the Major Subdivision Application or prior to the public hearing on the Major Subdivision Application.
9-8-1904 Findings.
Prior to approving an application for a major subdivision, the Review Authority shall find that all of the following are true:
(a) Plan Consistency. The proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan, and any other applicable plan adopted by the City; (b) Design or Improvement. The design or improvement of the proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan and any applicable Special Purpose Plan;
(c) Type of Improvement. The site is physically suitable for the type of development proposed;
(d) Density of Development. The site is physically suitable for the proposed density of development;
(e) Fish or Wildlife. Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;
(f) Public Health. The design of the subdivision or type of improvement is not likely to cause significant public health problems;
(g) Access. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision;
(h) Dedications. Any land or improvement to be dedicated to a public agency is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, and any other applicable plan adopted by the City; (i) Energy. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as required by Government Code Section 66473.1; and
(j) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.
9-8-1905 Expiration Date.
A Major Subdivision Application which has been approved shall expire thirty-six (36) months after the date of its approval, unless otherwise specified in this Title. 9-8-1906 Vested Rights.
An approved Major Subdivision Application that includes a Vesting Tentative Map shall confer rights as set forth in this section.
ATTACHMENT B
Item 7.4
Mountain House Page 387 of 846
178
(a) Vested Rights. The approval of the Major Subdivision Application shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66498.1 of the Government Code. (b) Exceptions. Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be conditioned or denied if either of the following is determined:
(1) Failure to do so would place the residents of the subdivision, the immediate community, or both in a condition dangerous to their health, safety, or both; or (2) Condition or denial is required in order to comply with state or federal law. (c) Time Periods. The vested rights referred to in Subsection (a) shall expire if a final map is not approved prior to the expiration of the approved Major Subdivision Application. If the final map is approved, vested rights shall continue as follows:
(1) Vested rights shall remain in effect for an initial time period of one (1) year.
Where several final maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this one (1) year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps must be recorded within the time period set forth in Section 9-8-1905, or the vested rights shall expire for those parcels for which final maps are not timely recorded.
(2) The one (1) year initial time period set forth in Subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit, if one (1) is required, or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed. (3) If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections (c)(1) and (c)(2) or during any approved time extensions of the initial one (1) year time period specified in Subsection (c)(1), the vested rights referred to in this section shall continue until the expiration of that building permit, or any extension of that building permit.
(d) Subsequent Conditioning. Consistent with Subsection (a), an approved or conditionally approved Vesting Tentative not limit the Review Authority from imposing reasonable conditions on subsequent approvals or permits necessary development. 9-8-1907 Preliminary Maps.
A Preliminary Map that is a Major Subdivision application may, at the discretion of the Director, be required to meet all or some of the requirements for tentative maps specified by the Mountain House Master Plan and the Development Title.
9-8-1908 Major Subdivisions Not Within Master Plan Density Range.
A Major Subdivision Application in which the subdivision exceeds or falls below the density range for any given land use designation specified by the Mountain House Master Plan may be approved, provided the density of development for said land use designation is within the General Plan density range and the Mountain House Master Plan density range for that land use district will be maintained for the neighborhood.
9-8-1909 Approval of Specified Major Subdivision Plan Attachments.
The following attachments to a Major Subdivision Application shall be approved using the Staff Review procedure specified in Chapter 3 of Division 2 of the Development Title:
(a) Vehicle Circulation Plan and Roadway Improvement Plan;
ATTACHMENT B
Item 7.4
Mountain House Page 388 of 846
179
(b) Pedestrian, Bicycle, and Transit Connections Plan;
(c) Fencing and Edge Treatment Plan;
(d) Soundwall Plan;
(e) Street Landscaping Plan;
(f) Street Lighting Plan;
(g) Second Unit Dwelling Plan; and
(h) Open Space, Recreation and Trails Plan.
The Director shall approve or deny these attachments, based upon consistency with the Master Plan, and other applicable community plans and development standards. 9-8-1910 Amendment of Second Unit Dwelling Plan.
An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 3 of Division 2 of the Development Title, provided the following conditions are met:
(a) For each second unit dwelling that is to be relocated from an original designated parcel on the Second Unit Dwelling Plan, a replacement parcel shall be designated to provide a site for said second unit dwelling;
(b) All replacement parcels noted in Subsection (a) shall be clearly indicated on the revised Second Unit Dwelling Plan; and
(c) The replacement parcels specified in Subsection (a) shall be within the same neighborhood.
CHAPTER 20. MINOR SUBDIVISIONS
9-8-2001 Intent.
The intent of this Chapter is to provide a method for reviewing and approving Minor Subdivision Applications.
9-8-2002 Requirements for Application.
In addition to the application requirements specified in Chapter 2 of Division 9 of the Development Title, the additional application requirements specified in Section 9-8-1902 for Major Subdivision Applications shall be required for Minor Subdivision Applications. 9-8-2003 Review Procedures.
Minor Subdivision Applications shall be reviewed using the Staff Review With Notice procedure specified in Chapter 4 of Division 2, with the following modifications:
(a) Action with No EIR. If an Environmental Impact Report is not required, the final action on the application shall be rendered within fifty (50) calendar days after it is accepted as complete.
(b) Action with EIR. If an Environmental Impact Report is required, the final action shall be rendered within fifty (50) calendar days after certification of the Environmental Impact Report.
(c) Appeals. Appeals of any decision shall be heard by the appropriate Review Authority within thirty (30) calendar days, or any mutually agreed upon extension thereof, after the date of filing the appeal. A final decision shall be rendered within ten (10) calendar days, or any authorized extension thereof, after the conclusion of the hearing.
ATTACHMENT B
Item 7.4
Mountain House Page 389 of 846
180
(d) Notice of Hearing. Notification of any public hearing shall include publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing. 9-8-2004 Findings.
Prior to approving an application for a Minor Subdivision, the Review Authority shall find that all of the following are true:
(a) Plan Consistency. The proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the City; (b) Design or Improvement. The design or improvement of the proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan and any applicable Special Purpose Plan;
(c) Type of Improvement. The site is physically suitable for the type of development proposed;
(d) Density of Development. The site is physically suitable for the proposed density of development;
(e) Fish or Wildlife. Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;
(f) Public Health. The design of the subdivision or type of improvement is not likely to cause significant public health problems;
(g) Access. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision;
(h) Dedications. Any land or improvement to be dedicated to a public agency is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan and any other applicable plan adopted by the City; (i) Energy. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as required by Government Code Section 66473.1; and
(j) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.
9-8-2005 Expiration Date.
A Minor Subdivision Application which has been approved or conditionally approved shall expire thirty-six (36) months after the date of its approval or conditional approval, unless otherwise specified in this Title.
9-8-2006 Vested Rights.
An approved Minor Subdivision Application that includes a Vesting Tentative Map shall confer rights as set forth in this section.
(a) Vested Rights. The approval or conditional approval of the Minor Subdivision Application shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66498.1 of the Government Code.
ATTACHMENT B
Item 7.4
Mountain House Page 390 of 846
181
(b) Exceptions. Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be conditioned or denied if either of the following is determined:
(1) Failure to do so would place the residents of the subdivision, the immediate community, or both in a condition dangerous to their health, safety, or both; or (2) Condition or denial is required in order to comply with state or federal law. (c) Time Periods. The vested rights referred to in Subsection (a) shall expire if a parcel map is not approved prior to the expiration of the approved Minor Subdivision Application. If the parcel map is approved, vested rights shall continue as follows:
(1) Vested rights shall remain in effect for an initial time period of one (1) year. A parcel map must be recorded within the time period set forth in Section 9-8-2005, or the vested rights shall expire.
(2) The one (1) year initial time period set forth in Subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed. (3) If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections (c)(1) and (c)(2) or during any approved time extensions of the initial one (1) year time period specified in Subsection (c)(1), the vested rights referred to in this section shall continue until the expiration of that building permit or any extension of that building permit.
(d) Subsequent Conditioning. Consistent with Subsection (a), an approved or conditionally approved Vesting Tentative Map shall not limit the Review Authority from imposing reasonable conditions on subsequent approvals or permits necessary for the development.
9-8-2007 Preliminary Maps.
A Preliminary Map that is a Minor Subdivision application may, at the discretion of the Director, be required to meet all or some of the requirements for tentative maps specified by the Mountain House Master Plan and the Development Title.
9-8-2008 Minor Subdivisions Not Within Master Plan Density Range.
A Minor Subdivision Application in which the subdivision exceeds or falls below the density range for any given land use designation specified by the Mountain House Master Plan may be approved, provided the density of development for said land use designation is within the General Plan density range and the Mountain House Master Plan density range for that land use district will be maintained for the neighborhood.
9-8-2009 Approval of Specified Minor Subdivision Plan Attachments.
The following attachments to a Minor Subdivision Application shall be approved using the Staff Review procedure specified in Chapter 3 of Division 2 of the Development Title:
(a) Vehicle Circulation Plan and Roadway Improvement Plan; (b) Pedestrian, Bicycle, and Transit Connections Plan;
(c) Fencing and Edge Treatment Plan;
(d) Soundwall Plan;
(e) Street Landscaping Plan;
(f) Street Lighting Plan;
ATTACHMENT B
Item 7.4
Mountain House Page 391 of 846
182
(g) Second Unit Dwelling Plan; and
(h) Open Space, Recreation, and Trails Plan.
The Director shall approve or deny these attachments, based upon consistency with the Master Plan, and other applicable community plans and development standards. 9-8-2010 Amendment of Second Unit Dwelling Plan.
An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 3 of Division 2 of the Development Title, provided the following conditions are met:
(a) For each second unit dwelling that is to be relocated from an original designated parcel on the Second Unit Dwelling Plan, a replacement parcel shall be designated to provide a site for said second unit dwelling;
(b) All replacement parcels noted in Subsection (a) shall be clearly indicated on the revised Second Unit Dwelling Plan; and
(c) The replacement parcels specified in Subsection (a) shall be within the same neighborhood.
CHAPTER 21. CITY-INITIATED MERGERS
9-8-2101 Intent.
The intent of this Chapter is to provide a method for the City to initiate the merger of two or more existing, contiguous parcels or units of land under the same ownership in order to achieve orderly development, protect new development, and implement the policies of the General Plan.
9-8-2102 Requirements for Application.
Applications for City-Initiated Mergers may be initiated by the City Council, the Planning Commission, or the Director of the Community Development Department. A CityInitiated Merger may proceed only if the parcels are under the same ownership, one (1) of the parcels or units has less area than the minimum parcel area or lot area required for new parcels or lots by the regulating zone, and if the requirements of Subsections (a) and (b) are satisfied. (a) Development. At least one (1) of the affected parcels is: 1) undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, 2) is developed only with an accessory structure or structures, or 3) is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
(b) Substandard Conditions. With respect to any affected parcel, one (1) or more of the following conditions exists:
(1) The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger;
(2) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
(3) The parcel does not meet current standards for sewage disposal and domestic water supply;
(4) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
ATTACHMENT B
Item 7.4
Mountain House Page 392 of 846
183
(5) Development of the parcel would create health or safety hazards; (6) Existence of the parcel is inconsistent with the General Plan and any applicable Specific Plan or Special Purpose Plan, other than minimum lot size or density standards; or (7) The parcel does not meet slope stability standards. (c) Ownership. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this Chapter.
(d) Exceptions. This section shall not apply if any of the conditions stated in Sections 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist. (e) Fee. A fee, as specified by resolution of the City Council, shall be required. 9-8-2103 Review Procedures.
City-Initiated Merger Applications shall be reviewed by the Review Authority, cited in Section 9-8-2103, using the Staff Review With Notice procedure in Chapter 4 of Division 2, with the following modifications:
(a) Notice of Intention to Determine Status. Prior to recording a Notice of Merger, the Director of Community Development shall mail, by certified mail, a Notice of Intention to Determine Status to the current recorded owner of the property. (1) The Notice of Intention to Determine Status shall state that the affected parcels may be merged pursuant to this Chapter and that the owner may request a hearing before the Director to present evidence that the property does not meet the criteria for merger. (2) The Notice of Intention to Determine Status shall be filed for record with the County Recorder on the date the notice is mailed to the property owner. (b) Hearing. The owner of the affected parcels may file a written request for a hearing to determine whether his parcels should or should not be merged. When a hearing is requested, the following procedures shall be followed:
(1) Request for Hearing. At any time within thirty (30) calendar days after the recording of the Notice of Intention to Determine Status, the owner of the affected property may file a written request for a hearing with the Community Development Department. (2) Scheduling of Hearing. Upon receipt of the written request for a hearing, the Director shall set a time, date, and place for said hearing and notify the property owner of said information by certified mail. The hearing shall be conducted not more than sixty (60) days following the filing of the property owner’s request for hearing, or the hearing may be postponed or continued by mutual consent of the Director and the property owner. (3) Presentation of Evidence. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in Section 9-8-2103, Subsections (a) and (b). (4) Decision. At the conclusion of the hearing, the Director shall make a determination that the parcels are to be merged or are not to be merged, based on the standards for merger specified in Section 9-8-2103, Subsections (a) and (b). The owner shall be notified of the Director’s determination.
(5) Appeal. The owner of the property may appeal the Director’s determination pursuant to the procedures set forth in Chapter 4 of Division 2. (c) Notice of Merger. If it is decided that the parcels are to be merged, the Director shall file a Notice of Merger with the County Recorder within the following time limits:
ATTACHMENT B
Item 7.4
Mountain House Page 393 of 846
184
(1) Within thirty (30) days after the conclusion of the hearing specified by Subsection (b);
(2) Within thirty (30) days after the conclusion of the hearing convened as a result of the appeal specified in Subsection (b).
(d) Within ninety (90) days after the mailing of the Notice of Intention to Determine Status specified in Subsection (a) if the owner of the affected parcels has not filed a Request for Hearing within the time period specified in Subsection (b). (e) Release of Notice of Intention to Determine Status. If it is decided that the parcels are not to be merged, the Director shall file a Release of Notice of Intention to Determine Status with the County Recorder and shall mail a clearance letter to the recorded owner of the affected parcels.
CHAPTER 22. VOLUNTARY MERGERS
9-8-2201 Intent.
The intent of this Chapter is to provide for the owner-initiated merger of contiguous parcels under common ownership without reversion to acreage, pursuant to Section 66499.20 of the Government Code.
9-8-2202 Requirements for Application.
Applications for Voluntary Mergers may be initiated by the owner of record of the subject parcels or by the authorized agent of the owner of record. The application shall include such documents and information as required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.
9-8-2203 Review Procedure.
The review procedure for voluntary mergers shall be Staff Review as provided in Chapter 3 of Division 2. A Voluntary Merger may be approved if it is found that all of the properties involved in the merger are in common ownership.
9-8-2204 Development Requirements.
Mergers approved under the provisions of this Chapter shall be subject only to those conditions which insure that the proposal meets the minimum area and width requirements of the regulating zone. All mergers shall be recorded with an instrument evidencing the merger.
CHAPTER 23. REVERSION TO ACREAGE
9-8-2301 Intent.
The intent of this Chapter is to specify the procedures under which subdivided property may be reverted to acreage.
9-8-2302 Requirements for Application.
Applications for Reversion to Acreage may be initiated by petition of all of the owners of record of the subject parcels or by the owners’ of record authorized agent, or by the City Council in a resolution initiating such proceedings. The application shall include a tentative map,
ATTACHMENT B
Item 7.4
Mountain House Page 394 of 846
185
evidence of title to the real property, and such other information as may be required by the review authority. A fee, as specified by resolution of the City Council, shall be required. 9-8-2303 Review Procedures.
A Reversion to Acreage Application shall be reviewed using the Public Hearing Review Procedure as specified in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Reversion to Acreage Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-2304 Findings.
The City Council may approve a Reversion to Acreage Application only if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, based upon the policies and designations in the General Plan, and either:
(a) Consent. All owners of an interest in the real property within the subdivision have consented to reversion;
(b) Lack of Improvements. None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or (c) Lack of Lot Sales. No lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record. 9-8-2305 Conditions.
The City Council shall require as conditions of the reversion:
(a) Dedications. Dedications or offer to dedicate streets or easements; and (b) Retentions. The retention of all or a portion of previously paid subdivision fees, deposits, or improvements securities if the same are necessary to accomplish any of the provisions of this Division.
9-8-2306 Return of Fees and Deposits.
Except as provided in Section 9-8-2305, upon filing of the final map for Reversion of Acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council. 9-8-2307 Effect of Filing Final Map.
Reversion shall be effective upon the filing of the final map for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect and shall be shown as such on the assessment roll.
ATTACHMENT B
Item 7.4
Mountain House Page 395 of 846
186
9-8-2308 Effect of Filing Parcel Map.
If there are four (4) or fewer parcels under the same ownership to be reverted to acreage, the recording of a parcel map shall constitute a legal reversion to acreage of the land, abandonment of all streets and easements not shown on the parcel map, and a merger of the separate parcels into one (1) parcel, and these shall be shown as such on the assessment roll.
CHAPTER 24. LOT LINE ADJUSTMENTS
9-8-2401 Intent.
It is the intent of this Chapter to provide for a method of reviewing applications for lot line adjustments.
9-8-2402 Requirements for Application.
An application for a Lot Line Adjustment shall include a site plan and may be accepted only if the following apply:
(a) Number of Lots. The Lot Line Adjustment is between four (4) or fewer existing adjoining parcels and the application approval will not result in more lots than currently exist.
Successive Lot Line Adjustments of adjoining parcels under the same ownership are prohibited.
This limitation on Lot Line Adjustments does not apply to Lot Line Adjustments between different landowners who are adjusting common boundaries; (b) Encroachment. The application approval will not result in an encroachment into, but not limited to, any public easement, right-of-way, required yard, or required areas for wells, septic tanks, or leach fields;
(c) Frontage. Parcels that have frontage on a County, city, or state maintained roadway must continue to have such frontage after the adjustment, unless the Review Authority determines that the use of a private right-of-way, in accordance with Section 9-11-514, would create a better use of land that is consistent with this Title; (d) Public Services. Public Services as addressed by Division 11 of this Title are provided to all parcels reduced to less than 2 acres;
(e) Zoning Minimum. All parcels shall conform to the zone minimum of the parcel area before and after adjustment, or at least not increase the number of existing, nonconforming parcels. Nonconforming parcels shall not be transferred from one zone classification to another zone classification;
(f) Nonbuildable Parcels. The lot line adjustment shall not result in any new nonbuildable parcels;
(g) Yards and Lot Widths. Adjusted parcels shall meet all minimum yard and lot width requirements, or at least not increase the degree of nonconformity; (h) Other Requirements. Building code requirements and all other requirements of the General Plan and zone in which the subject properties are located are met; and (i) Fee. A fee, as specified by resolution of the City Council, shall be required.
Applications for lot line adjustments must meet all of the above criteria. Applications not meeting all of the above criteria shall be processed as either a Major Subdivision or a Minor Subdivision Application, depending on the number of parcels being adjusted.
ATTACHMENT B
Item 7.4
Mountain House Page 396 of 846
187
9-8-2403 Review Procedures.
The review procedure for a Lot Line Adjustment Application shall be the Staff Review Procedure as specified in Chapter 3 of Division 2.
9-8-2404 Development Requirements.
Lot line adjustments approved under the provisions of this Chapter shall be reviewed only for conformity with General Plan, zoning and building regulations of the City. Only those conditions or exactions that are necessary to conform to said General Plan, zoning and building regulations; or to require the prepayment of real property taxes prior to the approval of the lot line adjustment; or to facilitate the relocation of existing utilities, infrastructure, or easements; may be imposed by the review authority. Approved lot line adjustments shall require the recording of a Notice of Lot Line Adjustment or a Record of Survey, if required by the Business and Professions Code.
CHAPTER 25. CERTIFICATES OF COMPLIANCE
9-8-2501 Intent.
The intent of this Chapter is to provide a method of reviewing requests to determine the compliance of property with the provisions of the Subdivision Map Act and this Title. 9-8-2502 Requirements for Application.
An Application for a Certificate of Compliance may be made by any person owning real property subject to the provisions of this Division or a vendee of such person pursuant to a contract of sale of such property. Applications for Certificates of Compliance shall include a site plan and any other maps or documents required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.
9-8-2503 Review Procedures.
The review procedure for a Certificate of Compliance shall be Staff Review as set forth in Chapter 3 of Division 2.
9-8-2504 Determinations and Requirements for Issuance.
The Review Authority shall review the application for a Certificate of Compliance and shall make one of the following determinations based on that review:
(a) Issuance. If the parcel is found to comply with all provisions of the Subdivision Map Act and the City, a Certificate of Compliance shall be issued pursuant to Section 66499.35(a) of the Government Code; or
(b) Conditional Issuance. If the parcel does not comply with regulations in effect at the time of its creation or does not comply with current regulations, the parcel shall be found not to comply with state and City regulations and a Conditional Certificate of Compliance which states the conditions required to bring the parcel into compliance shall be issued, pursuant to Section 66499.35(b) of the Government Code. Only conditions that would have been applicable at the time the applicant acquired his or her interest in the property may be imposed. Conditions may not exceed the requirements at the time the parcel was created. However, if an applicant was the owner of record at the time of the initial violation of the Subdivision Map Act or of local ordinances enacted pursuant to the Act, conditions may be imposed which are applicable to a
ATTACHMENT B
Item 7.4
Mountain House Page 397 of 846
188
current division of property. Fulfillment of all conditions shall be required prior to subsequent issuance of any permit or grant of approval for development of the property. 9-8-2505 Documents Constituting Certificates of Compliance.
A recorded final map or parcel map shall constitute a Certificate of Compliance declaring all parcels described therein to be in compliance with state and City regulations. 9-8-2506 Real Property Approved for Development.
A Certificate of Compliance shall be issued for any “real property which has been approved for development,” as defined in Government Code Section 66499.34, upon request by the owner(s) of the real property or vendees of such owner(s) pursuant to a contract of sale of the property.
9-8-2507 Development of Parcels.
The granting of a Certificate of Compliance does not constitute a guarantee that the property may be built upon or developed.
9-8-2508 Procedure.
Upon making a determination under Section 9-8-2503, the City shall take the steps outlined in Government Code subdivisions (a) and (b) of Government Code Section 66499.35.
CHAPTER 26. REVISIONS OF APPROVED ACTIONS
9-8-2601 Intent.
The intent of this Chapter is to provide a method for allowing amendments to recorded maps as provided for in Section 66472.1 of the Government Code and to conditions of approved applications.
9-8-2602 Requirements for Application.
Applications for Revisions of Approved Actions may be initiated by the property owner or by the property owner’s authorized agent. The application shall include such documents and other information required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.
9-8-2603 Review Procedures.
Applications for Revisions of Approved Actions shall be reviewed by the Review Authority which imposed the condition to be considered for amendment. However, for requests to amend a parcel map or final map, the Review Authority shall be the Planning Commission.
Applications shall be reviewed and acted upon using the review procedure specified below with modifications to said procedure as noted:
(a) Minor Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Minor Subdivision Application, the review procedure shall be the Staff Review With Notice Procedure, as specified in Chapter 4 of Division
2. ATTACHMENT B
Item 7.4
Mountain House Page 398 of 846
189
(b) Major Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Major Subdivision Application, the review procedure shall be the Public Hearing Review Procedure, as specified in Chapter 5 of Division 2. (c) Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the review procedure shall be the Staff Review With Notice Procedure.
(d) Parcel Maps or Final Maps. For amendments to a parcel map or a final map, the review procedure shall be the Public Hearing Review Procedure. The Review Authority shall confine its review to consideration of and action on the proposed amendment. 9-8-2604 Findings.
Prior to approving an application for Revisions of Approved Actions, the Review Authority shall make the following findings:
(a) Major or Minor Subdivisions. For amendments to conditions of a tentative map or a vesting tentative map of an approved Major or Minor Subdivision application, the Review Authority shall find the following are true:
(1) There are changes in circumstances which make any or all of the conditions of the tentative map or the vesting tentative map no longer appropriate or necessary; and (2) The conditions of the tentative map or the vesting tentative map shall conform to the findings of Chapter 19 of Division 8, if a major subdivision, or to the findings of Chapter 20 of Division 8, if a minor subdivision.
(b) Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the Review Authority shall find that all the findings required for the discretionary application under consideration are true. (c) Parcel Maps or Final Maps. For amendments to a parcel map or a final map, the Review Authority shall find that all of the following are true:
(1) There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary;
(2) The amendments do not impose any additional burden on the present fee owner of the property; and
(3) The amendments do not alter any right, title, or interest in the real property reflected on the recorded map.
9-8-2605 Inapplicability.
This chapter shall not be applicable to amendments to the face of a Tentative Map or a Vesting Tentative Map of an approved Major or Minor Subdivision Application. For such changes, a new Major or Minor Subdivision Application shall be filed.
CHAPTER 27. TIME EXTENSIONS
9-8-2701 Intent.
The intent of this Chapter is to provide a method for allowing time extensions for approved applications.
ATTACHMENT B
Item 7.4
Mountain House Page 399 of 846
190
9-8-2702 Requirements for Application.
Applications for Time Extensions may be initiated by the property owner or the property owner’s authorized agent. The application shall include such documents and other information as required by the Review Authority. The Time Extension Application shall be submitted to the Community Development Department prior to the expiration date of the original development application. A fee, as specified by resolution of the City Council, shall be required. 9-8-2703 Review Procedures.
Applications for Time Extensions shall be reviewed and acted upon by the Review Authority that approved the original development application. Time Extension Applications shall be reviewed using the review procedure required for the original development application, except for the modifications specified below:
(a) Major or Minor Subdivisions. If an application for an extension of the expiration date of an approved Major or Minor Subdivision Application is denied by the Review Authority, the applicant may appeal the decision within fifteen (15) calendar days of the denial. (b) Vested Rights. If an application for an extension of the expiration date of the vested rights in effect after the filing of a parcel map or final map is denied, the applicant may appeal the decision within fifteen (15) calendar days of the denial. 9-8-2704 Time Extensions.
(a) Automatic Time Extension. Upon receipt of an application for Time Extension from the landowner (or the landowner’s successor in interest) submitted prior to the expiration of the landowner’s approved development application, an automatic extension of the expiration date of said development application shall be granted by the Director for a period of not to exceed sixty (60) days, or until the application for Time Extension is approved, conditionally approved, or denied, whichever occurs first. The period of said automatic time extension shall be deducted from the period for the normal Time Extension application that is subsequently submitted by the landowner for the development application.
(b) Time Extensions for Major or Minor Subdivisions. Time Extensions for Major or Minor Subdivision Applications may be granted as follows:
(1) An extension of the expiration of an approved Major or Minor Subdivision Application may be granted by the Review Authority for a period or periods not to exceed six (6) years. Upon receipt of an application for Time Extension, the approved Major or Minor Subdivision Application shall be automatically extended for sixty (60) days, or until the application for extension is approved, conditionally approved, or denied, whichever occurs first. (2) An extension of the expiration date of the vested rights in effect after the filing of a parcel map or final map may be granted by the Review Authority for a period or periods not to exceed one (1) year.
(3) An extension of the expiration date of an approved Major or Minor Subdivision application may be granted by the Director for period of time during which a lawsuit, involving the approval or conditional approval of the tentative map, is or was pending in a court of competent jurisdiction. The application for Time Extension shall include documentation of the dates from when the lawsuit was filed with the court and when the case was dismissed or a final judgment rendered by the court.
ATTACHMENT B
Item 7.4
Mountain House Page 400 of 846
191
(c) Time Extensions for Other Development Applications. Time Extensions for approved development applications may be granted by the Review Authority for a period or periods not to exceed one (1) year.
CHAPTER 28. IMPROVEMENT PLANS
9-8-2801 Intent.
It is the intent of this Chapter to provide a method for reviewing Improvement Plans for conformance with City of Mountain House Improvement Standards and conditions of approval for discretionary applications.
9-8-2802 Improvement Plan Requirements.
Improvement Plans shall be prepared by a registered civil engineer, unless waived by the Director. Off-site and on-site improvements required by City of Mountain House Improvement Standards and conditions of approval for the application shall be incorporated into the Improvement Plans. The plans shall be reviewed and approved by the Director prior to the issuance of a building permit. A fee, as specified by resolution of the City Council, shall be required.
9-8-2803 Review Procedures.
Improvement Plans shall be reviewed by the Director using the Staff Review Procedure as specified in Chapter 3 of Division 2.
9-8-2804 Development Requirements.
Improvement Plans prepared under the provisions of this Chapter shall incorporate the information required by the conditions of approval and ordinance requirements of City of Mountain House to insure that off-site and on-site infrastructure meets the minimum requirements of the City. Unless otherwise specified in this Title, the use cannot be established until all conditions of approval have been complied with. Improvement Plans approved under this Title are approved for a period of eighteen (18) months from the date of approval. 9-8-2805 Expansion of an Existing Use.
(a) Requirements. In those instances involving a use that requires the preparation of Improvement Plans and the Improvement Plans have previously been approved, the Director may approve amendments to said Improvement Plans for the expansion or adjustment of an existing development if the expansion complies with all of the following requirements:
(1) The existing Improvement Plans are adequate to determine the compliance of the proposed expansion with all required standards and conditions. (2) The building or use expansion is incidental to the existing use. (3) The building or use expansion does not result in a change of use. (4) The building expansion involves less than twenty-five percent (25%) increase in floor area covered by the existing structures associated with the use. (5) A use involves less than ten percent (10%) increase in the overall site area covered by the existing use.
ATTACHMENT B
Item 7.4
Mountain House Page 401 of 846
192
(6) The building or use expansion complies with the existing requirements of the agencies having jurisdiction and any other appropriate agencies as determined by the Director of the Community Development Department.
(b) Requirements Not Met. If the proposed expansion does not meet with the above requirements in Subparagraph (a), a new set of Improvement Plans shall be required.
CHAPTER 29. PARCEL MAP WAIVERS
9-8-2901 Intent.
It is the intent of this Chapter to provide a method for waiving a parcel map for a Minor Subdivision, as provided in the Subdivision Map Act Section 66428(a). 9-8-2902 Requirements for Application.
Applications for Parcel Map Waivers may be initiated by the property owner or the property owner’s authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required. 9-8-2903 Review Procedures.
Applications for Parcel Map Waivers shall be reviewed by the Director and City Engineer using the Staff Review Procedure in Chapter 3 of Division 2 with the following modification: Denial of a Parcel Map Waiver Application may be appealed to the Planning Commission.
9-8-2904 Findings.
Prior to approving an application for a Parcel Map Waiver, the Review Authority shall find that all of the following are true:
(a) Conformity with Laws. The proposed minor subdivision conforms with the Subdivision Map Act, the San Joaquin Development Title and the Mountain House Development Title;
(b) Conformity with Regulations. The proposed minor subdivision:
(1) Conforms to State and City requirements as to area, improvement and design, and flood water drainage control,
(2) Has appropriate improved public roads available,
(3) Has adequate sanitary disposal facilities available, and (4) Has adequate water supply available.
(c) Environmental Effects. The proposed minor subdivision will not have an adverse effect on the environment;
(d) Conformity with Plans. The proposed minor subdivision conforms to the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan and any other plans adopted by the City;
(e) Conformity with Other Ordinances. The proposed minor subdivision conforms with all other City ordinances;
(f) Lack of Need. A parcel map is not necessary to insure proper legal description of property, location of property lines and monumenting of property lines; (g) Size. The proposed minor subdivision shall result in all parcels being not less than forty (40) acres gross or a quarter of a quarter section;
ATTACHMENT B
Item 7.4
Mountain House Page 402 of 846
193
(h) Certificate of Compliance. A Certificate of Compliance has been obtained, or assurances have been given by the applicant that a Certificate of Compliance will be obtained; (i) Facilities. Appropriate improved public roads, adequate sanitary disposal facilities, and adequate water supplies are available; and (j) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.
CHAPTER 30. RESERVED
DIVISION 9. SUBDIVISION REGULATIONS
CHAPTER 1. SUBDIVISION REGULATIONS: INTENT AND ORGANIZATION 9-9-101 Title and Intent.
Division 9 constitutes the Subdivision Regulations. The intent of this Division is to govern the subdivision of property in City of Mountain House and to effect the following purposes:
(a) Plan Implementation. To implement the City of Mountain House General Plan and any Specific Plan and Special Purpose Plan of the City; and (b) Orderly Process. To establish reasonable standards of design and reasonable procedures for subdivision and resubdivision in order to further the orderly layout and use of land and insure proper legal descriptions and monumenting of subdivided land. 9-9-102 Statement of Policy.
It is the policy of City of Mountain House regarding subdivisions that:
(a) City Control. The subdivision and subsequent development of land shall conform to the adopted General Plan, any Specific or Special Purpose Plans of the City of Mountain House, and the other provisions of this Development Title; (b) Safety of Development. All subdivided land should be of such character that it can be used safely for building purposes by future holders of title without unreasonable danger to health, or peril from fire, flooding, or other menace; and (c) Facilities and Services. In accordance with General Plan policies, provision shall be made for drainage, sewerage disposal, water, schools, parks, recreation, streets, roads, highways, and other public facilities and services.
9-9-103 Authority.
Authority for this Division is found in Title 7, Division 2, of the Government Code, commencing with Section 66410, hereinafter known as the Subdivision Map Act. In addition to any regulations provided by law, the regulations provided by this Division shall apply to all subdivisions and parts of subdivisions hereafter made entirely or partially within the City of Mountain House. This Division of this Title may be known as the Subdivision Regulations or the Subdivision Ordinance.
ATTACHMENT B
Item 7.4
Mountain House Page 403 of 846
194
CHAPTER 2. GENERAL PROVISIONS
9-9-201 Intent.
The intent of this Chapter is to set forth general provisions which shall apply throughout Division 9, Subdivision Regulations.
9-9-202 Required Mapping.
All subdivisions in City of Mountain House shall be filed as either a final map or parcel map. All major subdivisions shall be filed for recordation as a final map. All minor subdivisions shall be filed as a parcel map or a final map.
9-9-203 Compliance.
No land shall be used, nor any building be constructed, on any lot or parcel not in conformance with this Division. No permit for the construction of a building or the use of land shall be issued on a parcel of land which does not comply with the provisions of the General Plan, this Division, and the Subdivision Map Act. At the time of issuance of a permit, the applicant shall submit evidence that the parcel of land complies with this Division and the mandatory provisions of the current Subdivision Map Act, and a certification shall be required from Public Health Services as to the adequacy of the parcel to meet sanitary requirements. 9-9-204 Lot Corners.
All lot corners shall be marked with iron pipe not less than three-quarters (¾) of an inch inside diameter and twenty-four (24) inches long, or marked by other monuments or reference crosses as approved by the City Engineer.
9-9-205 Centerline Monuments.
Centerline monuments shall be located as set forth in this section. (a) Location of Monuments. Road, street, alley, and way centerline monuments shall be set to mark the intersections of streets, intersections of streets with alleys or ways, intersections of alleys with alleys or ways, or at the intersection of any street, alley, or way with a tract boundary. Street centerline monuments shall also be set to mark the beginning and end of curves or the points of intersection of tangents thereof. Such centerline monuments shall be not less than a three-quarters (¾) inch diameter iron pin, at least thirty (30) inches long, and set in the subgrade. A monument box and cover in conformance with City of Mountain House Improvement Standards shall be set above the monument, with the top of the box flush with the finished grade.
(b) Alternative Locations. In the event that, due to the construction of subdivision improvements or the location of trees or other physical features, the monuments specified above cannot be located at the points specified, a reference monument or monuments shall be set subject to the approval of the City Engineer. Notes as to the location of said monument or monuments with reference to the referenced point shall be furnished to the City Engineer. 9-9-206 Monument Identification.
All monuments set as required herein shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.
ATTACHMENT B
Item 7.4
Mountain House Page 404 of 846
195
9-9-207 Monument Inspection.
All monuments shall be subject to inspection and approval by the City Engineer. 9-9-208 Section and Quarter-Section Corner Monuments.
Whenever a section corner or quarter-section corner is to be used as a controlling element of a field survey, the engineer or surveyor responsible for the survey shall construct, reconstruct, or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future. Such monuments shall be not less than a three-quarter (¾) inch diameter iron pin, thirty (30) inches long, or other monuments as approved by the City Engineer. 9-9-209 Lot Requirements.
Lots shall comply with the following requirements:
(a) Areas and Widths of Lots. The area and width of lots or parcels in a subdivision map shall conform to the particular zoning district in which the property is located; (b) Relation of Depth to Width. The depth to width ratio of a lot in a subdivision shall conform to the particular zoning district in which the lot is situated when new lots are created by subdivision, except where physical conditions make such limitation of depth to width ratio impractical or the width of the lot is three hundred thirty (330) feet or greater; (c) Division of Jurisdiction. No lot or parcel shall be permitted to be divided by a city boundary line;
(d) Angle of Lot Side Line. Lot or parcel side lines shall be approximately normal to the street right-of-way lines to the extent practical; and (e) Exception. This Section shall not apply to:
(1) Any lot or parcel which the subdivider offers to dedicate to the City or any public agency or district, and
(2) Any subdivision map that redesigns an existing subdivision in which the density of lots is not increased.
9-9-210 Soils Reports.
Soils reports shall be provided as required by this Section. (a) Major Subdivision. A preliminary soils report, prepared by a state-registered civil engineer and based upon adequate test borings, shall be submitted to the building official for every major subdivision at the time of tentative map submittal. (b) Waiver of Report. A preliminary soils report may be waived if the building official finds that, due to the knowledge the City possesses relative to the quality of the soils in this subdivision, no preliminary analysis is necessary. (c) Soils Investigation. If the required preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a soil investigation of each lot in the subdivision. The soil investigation shall be prepared by a State-registered civil engineer and shall recommend corrective action likely to prevent structural damage to each dwelling to be constructed. Prior to issuance of the building permit, any recommended action approved by the building official shall be incorporated into the construction of each dwelling.
ATTACHMENT B
Item 7.4
Mountain House Page 405 of 846
196
9-9-211 Geotechnical Reports.
Geotechnical reports shall be provided to address geologic hazards as required by this Section.
(a) Major Subdivision. A preliminary geotechnical report, prepared by a Stateregistered geotechnical engineer or State-registered geologist and based upon adequate test borings, shall be submitted to the building official for every major subdivision at the time of tentative map submittal. The preliminary geotechnical report shall include estimates of expected peak ground accelerations during maximum credible earthquake potentially affecting the site. (b) Waiver of Report. A preliminary geotechnical report may be waived if the building official finds that, due to the knowledge the City possesses relative to the quality of the soils in this subdivision, no preliminary analysis is necessary. (c) Geotechnical Investigation. If the required preliminary geotechnical report indicates the presence of geologic hazards (such as slope instability, subsidence, adverse soil conditions, seismic hazards) which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a geotechnical investigation for each lot in the subdivision. The geotechnical investigation shall be prepared by a State-registered geotechnical engineer or State-registered geologist and shall recommend corrective action likely to prevent structural damage to each dwelling to be constructed. Prior to issuance of the building permit, any recommended action approved by the building official shall be incorporated into site preparation and construction of each dwelling.
9-9-212 Surface and Subsurface Contamination Report.
(a) Report. A surface and subsurface contamination report shall be required at the time of the tentative map submittal. The surface and subsurface contamination report shall be prepared by a qualified environmental professional and shall identify any potential source of surface or subsurface contamination caused by past or current land uses. The report shall include evaluation of nonpoint source of hazardous materials, including agricultural chemical residues, as well as potential point sources, such as fuel storage tanks, septic systems, or chemical storage areas.
(b) Site Assessment. The Surface and Subsurface Contamination Report shall include a site assessment prepared in accordance with ASTM standards to assess the presence of any fuel, pesticide, herbicide or chemical residue on or under the soil that is listed on the State or Federal list of toxic materials.
(1) A component of the required site assessment shall be an investigation of the location and condition of currently used and abandoned water wells and gas wells. (2) If the Surface and Subsurface Contamination Report indicates the presence of residues in excess of allowable limits within the affected area, corrective actions shall be undertaken, as recommended in the report and concurred with by the City. Said corrective actions shall be conducted in accordance with the requirements of the City and the applicable State agency.
(3) Corrective actions shall be completed prior to approval of the final map or parcel map.
(c) Waiver of Report. The surface and subsurface contamination report may be waived if the Environmental Health Division finds that, due to the knowledge the City possesses relative to the possible contamination of the soils in this subdivision, no preliminary analysis is necessary.
ATTACHMENT B
Item 7.4
Mountain House Page 406 of 846
197
(d) Corrective Action. If the report indicates there are surface and subsurface contamination, corrective action shall be taken, as recommended in the report and concurred with by Environmental Health prior to the issuance of the building permit. 9-9-213 Design Guidelines.
Design Guidelines with development standards shall be submitted for review by the Community Development Department Director and Mountain House Design Consistency Review Committee. Said Design Guidelines shall be found by the Community Development Director to be consistent with the Mountain House Master Plan, Mountain House CSD Design Manual and other applicable, adopted community plans prior to approval of the final map or parcel map. Design Guidelines shall not be required for preliminary maps.
CHAPTER 3. FINAL MAPS
9-9-301 Intent.
The intent of this Chapter is to control the practices and procedures regarding the preparation and approval of final maps.
9-9-302 Preliminary Submittal for City Approval.
Prior to the expiration of the tentative map or the vesting tentative map of an approved major subdivision application, the subdivider shall submit three (3) prints of the final map to the City Engineer for checking. The preliminary prints shall bear both the signatures of all parties having record title interest in the lands being subdivided and the engineer or surveyor responsible for the survey. The prints shall bear either original signatures or signatures reproduced from a previously signed original final map. The prints shall be accompanied by the following data, reports, and documents in a form approved by the City Engineer and, where applicable, the City Attorney:
(a) Improvement Plans and Specifications. Three (3) complete sets of Improvement Plans, specifications, and engineer’s preliminary estimates; (b) Reports. A complete set of reports as follows:
(1) Preliminary soils reports, including R-values and structural sections calculations; (2) Preliminary geotechnical reports; and
(3) Surface and subsurface contamination reports.
(c) Hydrology and Hydraulic Calculations. Storm drain calculations (e.g., hydrology, sub-area map, pipe line, hydraulic design, ponding basin, pump system, etc., if applicable); and water and sewer design data and supporting calculations, if applicable; (d) Guarantee of Title. A subdivision guarantee of title, in a form acceptable to the City Engineer and City Attorney, issued by a competent title company to and for the benefit and protection of the City. Said guarantee of title shall be continued complete up to the instant of filing the final map with the County Recorder, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgements thereto, appear on the proper statements and are correctly shown on the map, both as to contents as to the making thereof and affidavits of dedication where necessary;
(e) Preliminary Title Report. A preliminary title report showing the legal owners at the time of the submittal of the final map;
ATTACHMENT B
Item 7.4
Mountain House Page 407 of 846
198
(f) Traverse Closures. Traverse closures for the boundary, blocks, lots, road centerlines, and rights-of-way, easements, and offset lines; (g) References. Copies of all deeds and unfiled surveys referenced on the final map and/or included in the current preliminary title report; (h) Tax Certificates. A certified copy of the tax letter and a copy of the tax certificate from the County Tax Collector stating that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes which are a lien but not yet payable has been filed with the City; and
(i) Deeds for Easements of Rights-of-Way. Deeds for off-site easements or rightsof-way required for road or drainage purposes which have not been dedicated on the final map.
Written evidence shall be acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance for the facility. 9-9-303 Review by City Engineer.
The City Engineer shall review the final map and any other required information, and the subdivider shall make corrections and/or additions until acceptable to the City Engineer. 9-9-304 Approval by City Manager or City Manager’s Designee. (a) The City Manager or her/his designee shall approve or deny a Final Map in accordance with the Subdivision Map Act.
(b) Upon receipt of a Final Map for approval, the City Manager or the City Manager’s designee shall notify the City Council that a Final Map approval is pending. The City Manager or her/his designee shall docket the Notice of Pending Final Map Approval for the next regularly scheduled City Council meeting after the City Manager or her/his designee receives the Final Map.
(c) The City Clerk shall include the Notice of Pending Final Map Approval within the City Council’s agenda and mail it to interested parties who request notification. (d) The City Manager or the City Manager’s designee shall approve or disapprove the Final Map within 10 days of the City Council meeting that included the Notice of Pending Final Map Approval on the City Council’s agenda.
(e) The City Manager’s or her/his designee’s action to approve or disapprove the Final Map may be appealed to the City Council. The appeal must be filed with the City Clerk within 10 days of the date the City Manager or her/his designee approved or disapproved the Final Map.
(f) On appeal, the City Council may approve or disapprove the Final Map and any associated documents or agreements in accordance with the Subdivision Map Act. (g) The City Manager or the City Manager’s designee, or the City Council on appeal, shall approve the Final Map if they determine both of the following are true:
(1) The Final Map is in substantial compliance with the Tentative Map or Vesting Tentative Map of the approved Major Subdivision Application and all required conditions of approval of the Tentative Map or the Vesting Tentative Map have been satisfied; and (2) The Final Map conforms to the Subdivision Map Act.
(h) The City Council shall periodically review the delegation of authority to the City Manager or her/his designee.
ATTACHMENT B
Item 7.4
Mountain House Page 408 of 846
199
9-9-305 Deleted.
9-9-306 Survey Practice and Procedure.
All survey work done on any final map of a subdivision shall conform to the accepted standards of the surveying profession.
(a) Allowable Error. The allowable error of closure on any portion of a final map shall be less than two one-hundredths ( 2/100) of a foot or a ratio of one to twenty thousand (1:20,000), whichever is greater.
(b) Centerlines of Adjoining Error. In the event the centerline of any street or road right-of-way in any adjoining subdivision has been established, the final map shall show said centerline, together with reference to a County field book or map of record showing such centerline and the monuments which determine its position. If the position of the centerline is determined by ties, that fact shall be stated on the final map. Only centerlines of streets pertinent to the subdivision need be shown.
9-9-307 Statement of Consent.
Subdividers shall submit with or on the final map a statement, signed and acknowledged by all parties having any record title interest in the real property to be subdivided, consenting to the preparation and filing of the final map. Evidence of signatories’ record title interests shall be provided as set forth in Section 9-9-302(d).
9-9-308 Size and Materials.
The final map shall be prepared by or under the direction of a registered civil engineer, duly licensed to practice land surveying, or a licensed land surveyor; shall be based upon a field survey; and shall conform to the following provisions:
(a) Legibility. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
(b) Format. The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and, wherever practicable, shall be at an engineer’s scale where one (1) inch equals eighty (80) feet or less. One (1) sheet or as many sheets as are necessary to accommodate the map may be used.
Each sheet shall be numbered, the relation of one sheet to another shall be clearly shown, and the number of sheets used shall be set forth on each sheet. The tract number, scale, north point, and sheet number shall be shown on each sheet of the final map. Each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet on the twenty-six (26) inch side.
9-9-309 Title Sheets.
The title sheet of each final map shall contain a title consisting of the number and name of the subdivision and a subtitle consisting of a geographic description of all property being subdivided by reference to such map or maps of the property shown thereon, as shall have been
ATTACHMENT B
Item 7.4
Mountain House Page 409 of 846
200
previously recorded or shall have been previously filed in the office of the County Recorder under authority of Chapter 3 (commencing at Section 11650) of Part 2 of Division 4 of the Business and Professions Code, or by reference to the plat of any United States survey. The title sheet shall also show, in a form acceptable to the City Engineer, such appropriate certificates, statements, and acknowledgements as required in Title 7, Division 2 (commencing at Section 66410), of the Government Code.
9-9-310 Index Map.
If more than one (1) map sheet is used in preparing the final map, there shall be included, either on the title sheet or the first map sheet, an index map showing the general plan of the subdivision, street names, lot numbers, and the portions of the subdivision included on each map sheet.
9-9-311 Boundary Line.
The gross boundary line of a subdivision shall be indicated by a heavy line. 9-9-312 Evidence Determining Boundary.
On each final map there shall be fully and clearly shown and identified such stakes, monuments, or other evidence, including the record reference, determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, whether by lot and tract number and place of record, by section, township, and range, or by proper legal description, as may be necessary to locate precisely the limits of the subdivision. Where a found monument has no record reference, “No Record’ shall be indicated adjacent to the found monument on the final map.
9-9-313 Boundary Monuments.