Mountain House City Council
April 8, 2026

AGENDA
Wednesday, April 08, 2026 7:00 PM
Mountain House City Council
Mountain House Town Hall
251 East Main Street, Mountain House, CA 95391

CITY COUNCIL

ANDY SU
Mayor

RONNA GREEN
Vice Mayor
Council Members

MATT DISKO BERNICE KING TINGLE DANIEL HARRISON

ADMINISTRATION
STEVEN J. PINKERTON
City Manager

JOHN BAKKER
City Attorney

MARGARET WIMBERLY
City Clerk

CALL TO ORDER AND ROLL CALL

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

APPROVAL OF AGENDA

PUBLIC COMMENTS
Public comments are limited to three minutes per person, the public is invited to make comments on items of public interest that are within the City Council’s subject matter jurisdiction and that are not listed on the current agenda.

Under the Brown Act, Items brought up during public comment that are not on the agenda cannot be discussed or acted upon by the Council, however, items necessitating a response will be included in the next City Manager update and posted on the City’s website.

RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS
Presentation from Lammersville Union School District

1. 2.

3. 4.

5. 6.

6.1 CITY COUNCIL CONSENT ITEMS
Consent agenda items (which may include Ordinances, Resolutions, Informational Reports, Approval Actions and Motions) will be acted upon by the City Council at one time without discussion. Any Council Member may request removal of an item from the consent calendar for discussion.

Minutes of March 25, 2025 Page 5
Adoption of California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM), Chapter 10 – Consultant Selection for State and Federally Funded Transportation Projects

Staff recommends that the City Council adopt a resolution:

1. Authorizing the adoption of the California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM), Chapter 10 – Consultant Selection, including future updates, as the City of Mountain House procurement procedures for Architectural and Engineering (A&E) consultant services associated with state and federally funded transportation projects.

2. Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.

Authorize the City Manager to Execute a Cooperative Agreement with San Joaquin County for the CMAQ-Funded Town Hall Level 2 Electric Vehicle Charging Station Project

Staff recommends that the City Council adopt a resolution:

Authorizing the City Manager to execute a Cooperative Agreement with San Joaquin County to serve as the sponsoring agency for the CMAQ-funded Town Hall Level 2 Electric Vehicle Charging Station Project.

1. Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.

2. Second Reading by Title and Adoption of an Ordinance Amending Title 9 (Development Title) of the Mountain House Municipal Code

Staff recommends that the City Council conduct the second reading by title and adopt an Ordinance amending Title 9 (Development Title) of the Mountain House Municipal Code.

CITY COUNCIL POLICY AND ACTION ITEMS
Overview of the State and Federal Legislative Program Page 566

7. 7.1

7.2 7.3

7.4 8.

8.1 City Council Agenda Wednesday, April 08, 2026
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This is an information item for discussion only. No Council action is required.

This is to provide City Council with an overview of the City’s legislative advocacy program, including the purpose, process, and intent of the legislative platforms. Staff and the City’s state and federal advocacy firms will be present and available for questions and discussion.

Approve Resolution to Place Direct Assessments of Pledged Facility Component on Property Tax Bil

Staff recommends that the City Council:

Approve a resolution to place direct assessments for the pledged facility component (debt service fees) currently included in the monthly utility bill on the property tax roll beginning with fiscal year 2026/2027
•
Direct staff to implement the processes described in this staff report to assess those charges on the property tax roll
•
• Approve liens for connections made during the fiscal year, and • Approve hand bills for tax-exempt agencies
Consider a Request from Council Member Harrison to Change the Date of the Veterans Day Event

Staff recommends that the City Council approve the request from Council Member Harrison to change the Veterans Day Luncheon event from Saturday, November 7, 2026, to Saturday, November 14, 2026.

CITY COUNCIL DISCUSSION ITEMS
Provide Direction on the Development of a Comprehensive Naming, Memorial, and Dedication Policy for City Facilities and Amenities

Staff recommends that the City Council provide direction on the development of a comprehensive Naming, Memorial, and Dedication Policy for City facilities and amenities, including policy scope, eligibility, and program structure, to guide consistent and transparent decision-making.

Overview of Procedures and Requirements for the City’s First General Municipal Election

Senate Bill 707 Brown Act Updates: Teleconferencing, Remote Public Access, and Language Requirements Effective July 1, 2026

City Manager’s Update Page 832

FUTURE AGENDA ITEMS
Report of Future Agenda Items and Long-Range Calendar Page 840

8.2 8.3

9. 9.1

9.2 9.3

9.4 10.

10.1 City Council Agenda Wednesday, April 08, 2026
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COUNCIL COMMENTS

CITY ATTORNEY COMMENTS

CITY MANAGER COMMENTS

ADJOURNMENT
If you need disability-related modification or accommodation in order to participate in this meeting, please contact the City Clerk at (209) 831-5039 or at [email protected] at least 48 hours prior to the start of the meeting.

Government Code Section §54954.2 (a). Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in Town Hall located at 251 East Main Street during normal business hours.

POSTING STATEMENT: On April 3, 2026, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside Mountain House Town Hall, 251 East Main Street, Mountain House, CA 95391 and at our website www.mountainhouseca.gov.

11. 12.

13. 14.

City Council Agenda Wednesday, April 08, 2026
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CITY COUNCIL

MINUTES
Wednesday, March 25, 2026

Present:

Andy Su, Mayor
Bernice King Tingle, Council Member
Matt Disko, Council Member
Daniel Harrison, Council Member
Ronna Green, Vice Mayor

1. CALL TO ORDER AND ROLL CALL
Mayor Su called the meeting to order at 7:00 p.m.

2. MOMENT OF SILENCE
Mayor Su held a moment of silence.

3. PLEDGE OF ALLEGIANCE
Mayor Su led the pledge of allegiance.

4. APPROVAL OF AGENDA
Motion: Council Member Harrison
Second: Council Member Tingle
It was moved/seconded by Harrison/Tingle to approve the agenda as presented with removal of items from the Consent Calendar. Motion carried unanimously with Council Members Disko, Green, Harrison, Tingle, and Mayor Su in favor.

Vote: Carried

5. PUBLIC COMMENTS
Public comments are limited to three minutes per person, the public is invited to make comments on items of public interest that are within the City Council’s subject matter jurisdiction and that are not listed on the current agenda.

Item 7.1
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Under the Brown Act, Items brought up during public comment that are not on the agenda cannot be discussed or acted upon by the Council, however, items necessitating a response will be included in the next City Manager update and posted on the City’s website.

Ellon Brittingham, PG&E, introduced herself to the City Council and spoke regarding PG&E.

6. RECOGNITION, ANNOUNCEMENTS, OR PRESENTATIONS

6.1 Youth Action Committee Update
A member of the Youth Action Committee (YAC) provided a presentation to Council on the activities of YAC.

6.2 Lammersville Unified School District Update
Item was continued to April 8, 2026.

6.3 Presentation on the Public Safety Monthly Report from Rank Security, Code Enforcement, Mountain House Police Services provided by the San Joaquin County Sheriff’s Office, and Mountain House Fire Department and Emergency Medical Services presented by the French Camp Fire Department.

6.3.1 RANK Public Safety Report
Anthony DeFrenchi, RANK Security, provided a report to the City Council.

6.3.2 Code Enforcement Report
Roger Alvarez, Community Preservation Officer, provided a report on Code Enforcement to the City Council.

6.3.3 Police Services Public Safety Report
Lt. Nicholas Taiariol, provided an update to the City Council on the activities of the Sherrif's Office.

6.3.4 Mountain House Fire Department Report
Captain Bill Fisk provided an update to the City Council on the actions of the Mountain House Fire Department.

7. CITY COUNCIL CONSENT ITEMS
Consent agenda items (which may include Ordinances, Resolutions, Informational Reports, Approval Actions and Motions) will be acted upon by the City Council at one time without discussion. Any Council Member may request removal of an item from the consent calendar for discussion.

Motion: Council Member Tingle
Item 7.1
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Second: Vice Mayor Green
It was moved/seconded by Tingle/Green to approve Consent Calendar Items 7.1 - 7.10 as recommended by staff. Item 7.11 will be heard separately. Motion carried unanimously with Council Members Disko, Green, Harrison, Tingle, and Mayor Su in favor.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

7.1 Minutes of February 24, 2026

7.2 Monthly Financial Report for December 2025

7.3 List of Recent Contracts under the City Manager approved under the City Manager Signature Authority

7.4 Approval of FY 2025–26 Local Transportation Fund (LTF) Claim and Authorization to Submit to the San Joaquin Council of Governments
Motion: Council Member Tingle
Second: Vice Mayor Green
Staff recommends that the City Council adopt a resolution approving the FY 2025–26 Local Transportation Fund (LTF) claim and authorizing the City Manager or designee to submit the claim and all required supporting documentation to the San Joaquin Council of Governments (SJCOG) in accordance with the Transportation Development Act (TDA).

The recommendation also authorizes the City Manager or designee to take all actions necessary to implement the intent of the resolution.

Vote: Carried

7.5 Ratification of Expenditures to Inframark, LLC for the Orion Endpoint Installation Project
Motion: Council Member Tingle
Second: Vice Mayor Green
Staff recommends that the City Council adopt a resolution:

1. Ratifying the expenditure of $52,388.06 to Inframark, LLC for work previously completed under the Orion Endpoint Installation Project.

2. Authorizing the City Manager or designee to take all actions necessary to carry out the Item 7.1
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purpose and intent of the resolution.

Vote: Carried

7.6 Ratification of Expenditures to Inframark, LLC. for the Catch Basin Insert Retrofit Program
Motion: Council Member Tingle
Second: Vice Mayor Green
Staff recommends that the City Council adopt a resolution:

1. Ratifying the expenditure of $29,628.52 to Inframark, LLC for work previously completed under the Catch Basin Insert Retrofit Program.

2. Authorizing the City Manager or designee to take all actions necessary to carry out the purpose and intent of the resolution.

Vote: Carried

7.7 Adoption of a Digital Signature Policy
Motion: Council Member Tingle
Second: Vice Mayor Green
Staff recommends that the City Council adopt a Resolution approving Council/Administrative Policy CM-15-01, Digital Signature Policy.

Vote: Carried

7.8 Strategic Plan Update – Fiscal Years 2025/2026 through 2026/2027 Motion: Council Member Tingle
Second: Vice Mayor Green
Receive and file the Strategic Plan progress update for fiscal years 2025/2026 through 2026/2027.

Vote: Carried

7.9 Adoption of an Ordinance Authorizing a Program for Deferral of Transportation Improvement Fees for Economic Development Purposes
Motion: Council Member Tingle
Second: Vice Mayor Green
Waive reading and adopt the ordinance 2026-01 authorizing a Program for Deferral of Transportation Improvement Fees for Economic Development Purposes Vote: Carried
Item 7.1
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7.10 Adopt a Resolution Approving an Alternative Solid Waste Cart Configuration and Associated Rate Structure for Properties with Space Limitations Motion: Council Member Tingle
Second: Vice Mayor Green
Staff recommends that the City Council adopt a resolution:

1. Approving an alternative solid waste cart configuration and associated rate structure for properties with documented space limitations.

2. Authorizing the City Manager to approve qualifying requests and to take all actions necessary to implement the purpose and intent of the resolution.

Vote: Carried
Igor Kislev, resident, spoke on the need for a senior discount for Cambridge Place.

Steven Pinkerton, City Manager provided additional information to the City Council on this agenda item.

7.11 Approval of a Resolution of the City Council of the City of Mountain House of Intention to Add Territory to the Future Annexation Area of Community Facilities District No. 2024-1 (Public Facilities and Services).

Following the presentation of the staff report, Mayor Su opened the public comment period, there being no one wishing to speak it was closed.

Motion: Council Member Harrison
Second: Council Member Tingle
Staff recommends that City Council of the City of Mountain House (“City”) adopt Resolution No. 2026-20 to authorize the addition of certain territory to the Future Annexation Area of Community Facilities District No. 2024-1, as described herein.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8. CITY COUNCIL POLICY AND ACTION ITEMS

8.1 Continued Public Hearing to conduct first reading and introduce an Ordinance amending Title 9 (Development Title) of the Mountain House Municipal Code Following the presentation of the staff report, Mayor Su opened the public hearing, there being no one wishing to speak it was closed.

Item 7.1
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Motion: Vice Mayor Green
Second: Council Member Tingle
The City Council introduced and conducted the first reading of Ordinance 2026-02 amending Title 9 (Development Title) of the Mountain House Municipal Code.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8.2 Approval of a Resolution 2026-18 of the City Council of the City of Mountain House to add territory to the future annexation area of Community Facilities District No. 2024-1 (Public Facilities and Services) as Improvement Area No. 11 of the District Following the presentation of the staff report, Mayor Su opened the public hearing, there being no one wishing to speak it was closed.

Motion: Council Member Harrison
Second: Council Member Tingle
The City Council held a public hearing regarding the proposed annexation of certain territory into Community Facilities District No. 2024-1, and (ii) adopted Resolution No. 2026-18 to authorize the annexation of certain territory into Community Facilities District No. 2024-1, as related the use of Community Facilities Districts (“CFD”) to install infrastructure and provide services, as described herein.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8.3 Adopt Resolution No. 2026-19 of the City of Mountain House authorizing the issuance and sale of special tax bonds for and on behalf of certain Improvement Areas of Community Facilities District No. 2024-1, and approving related agreements and actions, and adopt Resolution No. FA-2026-01 of the Mountain House Financing Authority authorizing the issuance and sale of special tax revenue bonds, Series 2026a, and related purchase of special tax bonds for and on behalf of City of Mountain House Community Facilities District No. 2024-1, and approving related agreements and actions
Prior to the staff report, Mayor Su announced the City Council would be sitting as both the Financing Authority and the City Council for this item. Following the presentation of the staff report, Mayor Su opened the public hearing for the City Council/Financing Authority, Item 7.1
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there being no one wishing to speak it was closed.

Motion: Council Member Harrison
Second: Vice Mayor Green
Staff recommends that (1) the City of Mountain House (“City”) and the Mountain House Financing Authority (“Authority”) hold a simultaneous public hearing regarding the issuance of bonds; (2) the City Council, following the public hearing, adopt Resolution No. 2026-19 authorizing the issuance of special tax bonds for and on behalf of Improvement Areas No. 9, 11 and 12 of City of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services), approving and directing the execution of respective Fiscal Agent Agreements for each improvement area, approving sale of such bonds to the Mountain House Financing Authority (“Authority”), and approving other related documents and actions; and (3) the Authority Board of Directors (“Authority Board”) adopt Resolution No.

FA-2026-01 authorizing the issuance of special tax revenue bonds and related purchase of special tax bonds for and on behalf of Improvement Areas No. 9, 11 and 12 of the City of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services), approving and directing the execution of a Trust Indenture, approving the form of Preliminary Official Statement, approving sale of such bonds, and approving other related documents and actions.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

8.4 Adopt Resolution 2026-17 authorizing the issuance of special tax bonds for and on behalf of Improvement Area No. 3 of City of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services), approving and directing the execution of a fiscal agent agreement, approving the form of preliminary official statement, approving the sale of such bonds, and approving other related documents and actions.

Motion: Council Member Tingle
Second: Council Member Disko
Staff recommends that the City of Mountain House (“City”) approve Resolution 2026-17 authorizing the issuance of special tax bonds for and on behalf of Improvement Area No. 3 of Mountain House Community Facilities District No. 2024-1 (Public Facilities and Services), approving and directing the execution of a Fiscal Agent Agreement, approving the form of Preliminary Official Statement, approving sale of such bonds, and approving other related documents and actions.

For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)
Item 7.1
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8.5 Approve Assessment of Pledged Facility Component on Property Tax Bill Nitu Singh, resident, requested the process be made easier for the public to avoid frustrations.

Motion: Council Member Harrison
Second: Council Member Disko
Staff recommends that the City Council:
• Consider assessing charges for the pledged facility component (debt service fees) currently included in the monthly utility bill on the property tax roll beginning with fiscal year 2026/2027
• Direct staff to implement the processes described in this staff report to assess those charges on the property tax roll
• Approve liens for connections made during the fiscal year, and • Approve hand bills for tax-exempt agencies
For (5): Mayor Su, Council Member Tingle, Council Member Disko, Council Member Harrison, and Vice Mayor Green
Vote: Carried (5 to 0)

9. CITY COUNCIL DISCUSSION ITEMS

9.1 City Manager Update
Steven J. Pinkerton, City Manager, provided an update to the City Council.

10. FUTURE AGENDA ITEMS

10.1 Report of Future Agenda Items and Long-Range Calendar Steven Pinkerton, City Manager, presented an overview of the Long Range Calendar and upcoming agenda items to the City Council.

11. COUNCIL COMMENTS
Council Member Harrison requested an agenda item changing the date for the Veterans Day Luncheon.

Council Member Tingle reported on a Resource Fair hosted by Assembly Member Ransom that would be held in the chambers on April 11th from 2:00 p.m. to 4:00 p.m. for students, and spoke regarding Measure K funding as it relates to San Joaquin Delta College.

Vice Mayor Green spoke regarding an the staff versus students basketball game at the high school Item 7.1
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and encouraged the community to go out and support the high school.

12. CITY ATTORNEY COMMENTS
None.

13. CITY MANAGER COMMENTS
None.

14. ADJOURNMENT
If you need disability-related modification or accommodation in order to participate in this meeting, please contact the City Clerk at (209) 831-5039 or at [email protected] at least 48 hours prior to the start of the meeting.

Government Code Section §54954.2 (a). Materials related to an item on this Agenda submitted to the City Council after distribution of the agenda packet are available for public inspection in Town Hall located at 251 East Main Street during normal business hours.

POSTING STATEMENT: On March 20, 2026, a true and correct copy of this agenda was posted on the City Hall Bulletin Board, outside Mountain House Town Hall, 251 East Main Street, Mountain House, CA 95391 and at our website www.mountainhouseca.gov.

Mayor Su adjourned the meeting at 9:07 p.m.

Item 7.1
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TITLE: Adoption of California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM), Chapter 10 – Consultant Selection for State and Federally Funded Transportation Projects
MEETING DATE: April 8, 2026
PREPARED BY: Koosun Kim, PE, Public Works Director

RECOMMENDATION
Staff recommends that the City Council adopt a resolution:

1. Authorizing the adoption of the California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM), Chapter 10 – Consultant Selection, including future updates, as the City of Mountain House procurement procedures for Architectural and Engineering (A&E) consultant services associated with state and federally funded transportation projects.

2. Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.

BACKGROUND
The City of Mountain House became the 483rd incorporated city in California in July 2024. As part of establishing core administrative and operational functions, the City is developing procedures necessary to deliver capital improvement projects and pursue state and federal transportation funding opportunities.

The California Department of Transportation (Caltrans), through its Division of Local Assistance, administers state and federal transportation funding programs for local agencies. For projects that receive federal funding or seek reimbursement of consultant costs, local agencies are required to follow specific procurement procedures established by Caltrans.

These requirements are outlined in the California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM), including Chapter 10 – Consultant Selection, which governs how agencies procure and manage Architectural and Engineering (A&E) consultant services.

Federal regulations require local agencies to formally adopt written consultant procurement procedures in order to remain eligible for federal transportation funding and reimbursement.

Item 7.2
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DISCUSSION
Adoption of LAPM Chapter 10 establishes a clear and compliant framework for how the City procures and manages consultant services on federally funded transportation projects. These requirements apply specifically to state and federally funded transportation projects administered through Caltrans and do not change procurement practices for locally funded projects. These requirements are standard for local agencies delivering federally funded transportation projects.

Under LAPM Chapter 10, the City is required to use a qualifications-based selection process for A&E consultant services. This means consultants are selected based on demonstrated experience, technical expertise, and professional qualifications, with cost negotiated after the most qualified firm is identified.

This differs from typical procurement practices where cost is evaluated upfront.

LAPM Chapter 10 also establishes standardized procedures intended to ensure transparency, fairness, and accountability in the use of public funds. These include public solicitation requirements, documentation of the evaluation and selection process, preparation of independent cost estimates, and compliance with federal requirements related to conflicts of interest, nondiscrimination, and disadvantaged business enterprise (DBE) participation.

These procedures are required for projects funded through the Federal-Aid Highway Program or other Caltrans-administered funding sources. Failure to follow LAPM Chapter 10 requirements may result in consultant costs being deemed ineligible for reimbursement. While LAPM Chapter 10 introduces additional procedural and documentation requirements and may extend procurement timelines at the front end, it reflects standard practices for federally funded projects and ensures the City remains eligible for reimbursement and competitive funding opportunities.

The City recently underwent a Caltrans Pre-Award Audit as part of preparing to pursue and administer federally funded projects. One of the key recommendations from that audit was for the City to formally adopt LAPM Chapter 10, including future updates, as its consultant procurement procedures.

Adoption of LAPM Chapter 10 addresses this audit recommendation and positions the City to successfully compete for and deliver state and federally funded transportation projects.

FISCAL IMPACT
There is no direct fiscal impact associated with adopting LAPM Chapter 10.

However, adoption is necessary to maintain eligibility for state and federal transportation funding administered through Caltrans. Without adoption and compliance, the City would not be eligible for reimbursement of consultant costs on federally funded transportation projects.

Item 7.2
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STRATEGIC PLAN
This action supports the City’s Strategic Plan (adopted April 9, 2025) by:
• Support the Transportation priority, including pursuit of state and federal funding • Strengthen administrative procedures and regulatory compliance • Promote fiscal sustainability and responsible management of public funds CEQA
This action is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15378(b) of the CEQA Guidelines because it involves the adoption of administrative procedures that will not result in a direct or reasonably foreseeable physical change in the environment.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Following City Council approval:

1. The adopted resolution will be transmitted to the Caltrans Division of Local Assistance as documentation that the City has adopted LAPM Chapter 10 procurement procedures.

2. The Public Works Department will implement these procedures for consultant procurement associated with state and federally funded transportation projects.

3. Staff will ensure applicable personnel complete Caltrans Local Assistance procurement training as recommended in the audit.

ATTACHMENTS
Attachment A – Proposed Resolution
• Exhibit 1 – California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM), Chapter 10

Item 7.2
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ATTACHMENT A
RESOLUTION NO. 2026 - XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE ADOPTING

THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) LOCAL ASSISTANCE PROCEDURES MANUAL (LAPM), CHAPTER 10 – CONSULTANT SELECTION, AS THE CITY’S PROCUREMENT PROCEDURES FOR STATE AND FEDERALLY

FUNDED TRANSPORTATION PROJECTS
WHEREAS, the City of Mountain House became the 483rd incorporated city in the State of California in July 2024; and
WHEREAS, the City of Mountain House may pursue and receive State and federal transportation funding administered through the California Department of Transportation (Caltrans); and WHEREAS, Caltrans administers State and federal transportation funds to local agencies through the Federal-Aid Highway Program and other State and federally funded transportation programs; and WHEREAS, the Caltrans Division of Local Assistance requires local agencies receiving such funds to follow the consultant procurement procedures contained in the Caltrans Local Assistance Procedures Manual (LAPM), Chapter 10 – Consultant Selection, for Architectural and Engineering consultant services; and
WHEREAS, LAPM Chapter 10 establishes standardized procedures for consultant selection, including public solicitation, qualifications-based selection, independent cost estimates, and documentation of consultant evaluation and contract negotiations; and WHEREAS, adoption of LAPM Chapter 10 ensures that the City’s consultant procurement procedures comply with applicable State and federal regulations governing transportation projects funded through Caltrans; and
WHEREAS, the adoption of these procedures will support the City’s eligibility to receive and administer State and federal transportation funding for future transportation capital improvement projects.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain House hereby:

1. The City Council hereby adopts Chapter 10 – Consultant Selection of the California Department of Transportation (Caltrans) Local Assistance Procedures Manual (LAPM), attached hereto as Exhibit 1, as the City of Mountain House procedures for procurement of Architectural and Engineering (A&E) consultant services associated with State and federally funded transportation projects administered through Caltrans.

2. All future updates and revisions to LAPM Chapter 10 are hereby incorporated into the City’s consultant procurement procedures for applicable projects.

3. Staff is authorized to implement these procedures and ensure compliance with applicable State and Federal regulations.

Item 7.2
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ATTACHMENT A

4. The City Manager is authorized to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.

PASSED AND ADOPTED by the City Council of the City of Mountain House at a regular meeting held on the 8th day of April 2026, by the following vote:

Item 7.2
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Local Assistance Procedures Manual Chapter 10
Consultant Selection
Page i of v
January 2026
Chapter 10 Consultant Selection
Contents

10.1 FEDERALLY-FUNDED A&E CONTRACTS ............................................................... 1

10.1.1 General ...................................................................................................................... 1 Introduction ............................................................................................................... 1 Definition of an Architectural and Engineering Consultant ........................................ 1 Architectural and Engineering Consultants ............................................................... 1 Non-A&E Consultants ............................................................................................... 2 Selecting the Project ................................................................................................. 2 Subcontracted Services ............................................................................................ 2 Organizational and Consultant Conflicts of Interest .................................................. 2 Consultants Performing Work on Multiple Phases of Federal-aid Projects ............... 3 Miscellaneous Considerations Authorization to Proceed........................................... 4

10.1.2 Identifying & Defining a Need for Consultants............................................................ 4 Designate Contract Administrator ............................................................................. 4 Segmenting Consultant Work.................................................................................... 5 Specify Products to be Delivered .............................................................................. 6 Scope of Consultant Work......................................................................................... 6 Title VI Assurances ................................................................................................... 6 Non-Discrimination Clause........................................................................................ 6 Disadvantaged Business Enterprise (DBE) Participation .......................................... 7 Estimated Cost of Consultant Work .......................................................................... 7 Determine Type of Contract ...................................................................................... 8 Determining the Project Schedule...........................................................................10 Determine Method of Payment................................................................................11 Cost-Plus-Fixed Fee................................................................................................11 Cost Per Unit of Work..............................................................................................11 Specific Rates of Compensation .............................................................................12 Lump Sum...............................................................................................................12 Changes to Cost Proposal ......................................................................................12

10.1.3 A&E Consultant Audit and Review Process .............................................................13 Applicable Standards ..............................................................................................13 Audit Guidance Available ........................................................................................13 Allowable Costs.......................................................................................................14 Safe Harbor Rate ....................................................................................................14 Approval or Acceptance of Indirect Cost Rates.......................................................15 EXHIBIT 1
Item 7.2
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Local Assistance Procedures Manual Chapter 10
Consultant Selection
Page ii of v
January 2026
Cognizant Letters of Approval.................................................................................15 Caltrans Acceptance of Indirect Cost Rate..............................................................16 Financial Review Performed Prior to Contract Execution........................................16 Local Public Agency Responsibilities ......................................................................17 Consultant Responsibilities (both prime consultants and subconsultants) ..............18 Independent Office of Audits and Investigations’ Responsibilities...........................19 Audits and Reviews to be Performed ......................................................................19 Indirect Cost Rate Audits.........................................................................................19 CPA Workpaper Reviews........................................................................................19 Contract Audits........................................................................................................20 Incurred Cost Audits................................................................................................20 Audit Findings and Review Deficiencies..................................................................20

10.1.4 Consultant Selection Methods..................................................................................21 One-Step RFP.........................................................................................................21 One-Step RFQ ........................................................................................................21 Two-Step (RFQ Followed by RFP)..........................................................................21

10.1.5 Consultant Selection Using the One-Step RFP Method...........................................22 Appoint Consultant Selection Committee................................................................22 Develop Technical Criteria for Evaluation of Proposals...........................................22 Develop Schedule for Consultant Selection ............................................................22 Prepare RFP ...........................................................................................................23 Financial Management and Accounting System Requirements ..............................24 Advertise for Consultants ........................................................................................24 Conduct Proposer’s Conference or Answer Written Questions...............................24 Receive and Evaluate Technical Proposals ............................................................25 Develop Final Ranking and Notify Consultants of Results ......................................25 Negotiate Contract with Top-Ranked Consultant ....................................................26 Initiate A&E Consultant Audit Process (Financial Document Review Request) ......26

10.1.6 Consultant Selection Using the One-Step RFQ Method...........................................27 Appoint Consultant Selection Committee................................................................27 Develop Technical Criteria for Evaluation of Qualifications.....................................27 Develop Schedule for Consultant Selection ............................................................28 Prepare RFQ...........................................................................................................28 Financial Management and Accounting System Requirements ..............................29 Advertise for Consultants ........................................................................................29 Issue/Publish RFQ ..................................................................................................30 Receive/Evaluate Statements of Qualifications and Develop Short List..................30 Notify Consultants of Short List ...............................................................................30 EXHIBIT 1
Item 7.2
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Local Assistance Procedures Manual Chapter 10
Consultant Selection
Page iii of v
January 2026
Interview Top-Ranked Consultants .........................................................................30 Develop Final Ranking and Notify Consultants of Results ......................................31 Conduct Scoping Meeting .......................................................................................31 Request Cost Proposal ...........................................................................................31 Negotiate Contract with Top-Ranked Consultant ....................................................32 Initiate A&E Consultant Audit Process (Financial Document Review Request) ......33

10.1.7 Consultant Selection Using the Two-Step RFQ/RFP Method ..................................33 Combined RFQ and RFP ........................................................................................33 Categorize Work .....................................................................................................34 Establish Minimum Qualifications............................................................................35 Issue RFQ...............................................................................................................35 Set-Up Evaluation Process .....................................................................................36 Evaluate Qualifications and Add Firm to List...........................................................37 Maintain List ............................................................................................................37 Issue RFP to Short-Listed Consultants ...................................................................37 Conduct Proposer’s Conference or Answer Written Questions...............................38 Receive and Evaluate Technical Proposals ............................................................38 Develop Final Ranking and Notify Consultants of Results ......................................38 Request Cost Proposal and Negotiate Contract with Top-Ranked Consultant........39 Initiate A&E Consultant Audit Process (Financial Document Review Request) ......39

10.1.8 Completing the Project .............................................................................................40 Develop the Final Contract......................................................................................40 Review and Approval of Contracts ..........................................................................40 Execute Contract and Issue Notice to Proceed to Consultant................................. 41 Administer the Contract...........................................................................................41 Substitution of Consultant Personnel and Subconsultants......................................42 Invoicing (or Progress Payments) ...........................................................................42 Contract Amendments.............................................................................................43 Performance Evaluation..........................................................................................44 Project Records.......................................................................................................44 Retention Clauses...................................................................................................45 Review of Local Public Agency Actions...................................................................45

10.1.9 Miscellaneous Considerations..................................................................................46 Agreements with Other Governmental Agencies ....................................................46 Small Purchase Contracts.......................................................................................46 Noncompetitive Negotiated Contracts (Sole-Source)..............................................46 Retaining a Consultant in a Management Support (CMSR) Role............................47 Construction Engineering Services .........................................................................50 EXHIBIT 1
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10.1.10 Program Management............................................................................................50

10.1.11 References.............................................................................................................51

10.2 STATE-ONLY FUNDED A&E CONTRACTS.............................................................53

10.2.1 General ....................................................................................................................53

10.2.2 Definition of A&E ......................................................................................................53

10.2.3 Minimum Audit Requirements ..................................................................................54 A. Written Procedures .............................................................................................54 B. Conflict of Interest...............................................................................................54 C. Records ..............................................................................................................54 D. Full & Open Competition.....................................................................................54 E. Selection Basis ...................................................................................................54 F. Publication ..........................................................................................................54 G. Solicitation ..........................................................................................................54 H. Cost Comparison................................................................................................54 I. Negotiations .........................................................................................................55 J. Audit and Review Process...................................................................................55 K. A&E Consultant Contract Form...........................................................................55

10.2.4 References...............................................................................................................55

10.3 NON-A&E CONTRACTS ...........................................................................................57 Scope......................................................................................................................57 Determining Non-A&E.............................................................................................57 Example of Determining Non-A&E..........................................................................57 Intelligent Transportation System (ITS) Projects .....................................................58 Non-Infrastructure Projects .....................................................................................58 Governing Regulations and Codes for Non-A&E ....................................................59 Procurement of Non-A&E Consultant Contracts .....................................................59 RFP Basic Requirements ........................................................................................59 Additional Requirements and Evaluation Criteria ....................................................60 Consultant’s Proposal .............................................................................................60 Cost Proposal Worksheet........................................................................................61 DBE Consideration..................................................................................................61 Administrative Requirements ..................................................................................61 Oral Presentations Optional ....................................................................................62 Cost-Effective / Public Interest Finding....................................................................62 Protest / Appeals / Reinstatement Procedures........................................................62

10.4 A&E OVERSIGHT PROGRAM AND PROCESS REVIEW........................................63 General ...................................................................................................................63 Type of Reviews......................................................................................................63 EXHIBIT 1
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A&E Consultant Contract Form Review ..................................................................63 Review Findings and Deficiencies...........................................................................64 Sanctions ................................................................................................................65 Exhibits
Exhibit 10-B: Suggested Consultant Evaluation Sheet
Exhibit 10-G: Individual A&E Task Order DBE Tracking Sheet Exhibit 10-I: Notice to Proposers DBE Information
Exhibit 10-O1: Consultant Proposal DBE Commitment
Exhibit 10-O2: Consultant Contract DBE Commitment
Exhibit 10-Q: Disclosure of Lobbying Activities
Exhibit 10-R: A&E Boiler Plate Agreement Language
Exhibit 10-S: Consultant Performance Evaluation
Exhibit 10-T: Conflict of Interest & Confidentiality Statement Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement

All LAPM Exhibits are located at:
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10.1 FEDERALLY-FUNDED A&E CONTRACTS

10.1.1 General
Introduction
A Local Public Agency (LPA) may engage consultants to perform architectural, engineering, and related services to develop a Federal-aid funded project. LPAs requesting federal funds to reimburse Architectural and Engineering (A&E) Consultants must follow the selection and contracting procedures detailed in Section 10.1: Federally-Funded A&E Contracts of this chapter. LPAs using local funds to procure an A&E Consultant on a Federal-aid funded project and will not seek federal reimbursement for the consultant cost may choose not to follow the selection and contracting procedures detailed in Section 10.1 of this chapter.

Definition of an Architectural and Engineering Consultant 23 CFR 172 and California Government Code 4525 define A&E services as program management, construction management, feasibility studies (includes environmental studies and analysis), preliminary engineering, design, engineering, surveying, mapping or architectural related services.

Architectural and Engineering Consultants
The Brooks Act (40 U.S.C.1101-1104) requires LPAs to award federally-funded engineering and design related contracts based on fair and open competitive negotiations, demonstrated competence, and professional qualifications (23 CFR 172), at a fair and reasonable price (48 CFR 31.201-3).

Cost proposals submitted to the LPA must be sealed and must not be included as a criterion for rating such consultants. After ranking, cost negotiations will begin with the most qualified consultant and only their cost proposal will be opened. Should negotiations fail or result in a price that the LPA does not consider fair and reasonable, negotiations must be formally terminated, and the LPA must then undertake negotiations with the second most qualified consultant.

If the negotiations with the second most qualified firm are not successful, negotiations must be formally terminated and the LPA must then undertake negotiations with the third most qualified consultant, and so on, until the price is determined to be fair and reasonable by the LPA.

In selecting an A&E consultant, a detailed technical proposal or qualifications proposal, and a proposed contract will be required.

Depending upon the scope of work, the required contract provisions may need to include the California State Prevailing Wages (Federal Payment of Predetermined Minimum Wage applies only to Federal-aid construction contracts). Prevailing wages will apply if the services to be performed will involve land surveying (such as flag persons, survey party chief, rodman, or chainman), materials sampling and testing (such as drilling rig operators, pile driving, crane operators), inspection work, soils or foundation investigations, environmental hazardous materials and so forth. California State Prevailing Wage information is available through the California Department of Industrial Relations (DIR) websites below:

Consultants will need to provide their Prevailing Wage Policy if their participation on the project includes prevailing wage work. The policy will include information on the accounting treatment of delta base and delta fringe, and verify the accounting treatment is consistent every year.

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• DIR FAQ website
• DIR Wage Determination website
Non-A&E Consultants
Consultants other than A&E consultants may be selected using cost, cost and qualifications (best value), or other critical selection criteria. The procedures outlined in this chapter can be modified for selecting non-A&E consultants by adding a cost item to the contract proposal. For more details on non-A&E consultants, see Section 10.3: Non-A&E Contracts of this chapter.

Selecting the Project
The LPA is responsible for selecting and initiating a Federal-aid financed transportation project.

The decision to begin project development is influenced by the project needs, its acceptability, the timing of studies, financing, and construction. The LPA must identify the project’s objectives including the general level of improvement or service, operating standards, maximum cost, and the target date for project completion before commencing any consultant selection process.

Subcontracted Services
The consultant is responsible for performing the work required under the contract in a manner acceptable to the LPA. The consultant’s organization and all associated consultants and subconsultants must be identified in the proposal. If the consultant wishes to use a subconsultant not specified in the proposal, prior written approval must be obtained from the LPA. The subcontract must contain all required provisions of the prime contract. All subawards must include adequate oversight, management, and administration of engineering and design related consultant services and be administered in accordance with State laws and procedures specified in 23 U.S.C.106(g)(4) and 2 CFR 200.331-333.

Organizational and Consultant Conflicts of Interest
In the procurement of contracts for engineering services by private consulting firms using Federal-aid highway funds, LPAs must take all the steps necessary to prevent fraud, waste, and abuse. The LPA must develop and maintain a written code of conduct governing the performance of its employees (including the contract administrator) engaged in the award and administration of Federal-aid highway funded contracts, including the prevention of conflicts of interest in accordance with 23 CFR 172.7(b)(4).

A conflict of interest occurs when a public official’s private interests and his or her public duties and responsibilities diverge or are not consistent. Conflicts of interest may be direct or indirect (e.g., as result of a personal or business relationship). The appearance of a conflict of interest should be avoided as an apparent conflict may undermine public trust if not sufficiently mitigated.

Federal Regulation Governing Conflict of Interest (23 CFR 172.7(b)(4)) requires that:
• LPA must maintain a written code of standards of conduct for employees engaged in the award and administration of engineering and design service contracts; • No contracting agency employee who participates in the procurement, management, or administration of federal-funded contracts or subcontracts must have, directly or indirectly, any financial or other personal interest in connection with such contract or subcontract;
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• No person or entity performing services for a contracting agency in connection with a federal-funded project must have, directly or indirectly, any financial or other personal interest, other than employment or retention by the contracting agency, in any contract or subcontract in connection with such project;
• No person or entity performing services for a contracting agency in connection with a Federal-aid highway funded project must have, directly or indirectly, any financial or other personal interest in any real property acquired for the project; • No contracting agency employees or agents must neither solicit nor accept gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to sub-agreements;
• LPA must promptly disclose in writing any potential conflict of interest to FHWA.

Consultants Performing Work on Multiple Phases of Federal-aid Projects LPAs may choose to hire the same consultant firm to perform construction engineering and/or inspection services on the same project on which the firm also performed design services. This can cause project delivery efficiencies, as the design firm is well-suited to verify that the project is being constructed in accordance with the design and can resolve issues related to the design on behalf of the contracting agency. However, this may also pose a potential conflict of interest if the firm has a vested financial interest in failing to disclose deficiencies in its design work product and seeks to insulate itself from pecuniary liability in subsequent phases of the project, such as minimizing or ignoring design errors and omissions, rather than serving the best interests of the contracting agency and the public. Procuring a different firm from the design firm to provide the construction engineering and/or inspection services provides another level of review and reduces the risk of, or potential for, a conflict of interest.

Although federal regulations do not expressly prohibit the same firm from providing services on subsequent phases, the LPAs are responsible for ensuring the public interest is maintained throughout the life of a project and that a conflict of interest, real or apparent, does not occur or is sufficiently mitigated by appropriate public agency controls. Prior to allowing a consulting firm to provide services on subsequent phases of the same project, the contracting agency must establish appropriate compensating controls in policies, procedures, practices, and other safeguards to ensure a conflict of interest does not occur in the procurement, management, and administration of consultant services.

When design and construction phase services are procured under a single solicitation, the selection of the consulting firm must be based on the overall qualifications to provide both design and construction phase services, which require different skill sets, experience, and resources. Procuring these services under different solicitations may result in selection of a more qualified firm to perform services in each phase, as the most qualified firm to perform design phase services may not be the most qualified firm to provide construction phase services. Similarly, the qualifications and capacity of a firm may change over time. As such, it may not be appropriate to contract with a consulting firm to provide construction phase services at the outset of a design phase, knowing that these services may not be needed for an extended period until the preconstruction phase of the project is complete and construction funding authorized. The contract with a consulting firm providing design phase services on a project may not be amended to include construction phase services unless the desired construction phase services were included within the original advertised scope of services and evaluation criteria of the solicitation from which a qualifications-based selection was conducted.

All consultants acting in a management support role must complete Exhibit 10-U: Consultant in EXHIBIT 1
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Management Support Role Conflict of Interest and Confidentiality Statement (see Section

10.1.9: Miscellaneous Considerations in this chapter) and retain it in the LPA files.

Miscellaneous Considerations Authorization to Proceed
The Federal Highway Administration (FHWA) must give the LPA an Authorization to Proceed (E-76) with the work prior to performing of any work for which federal reimbursement is to be requested, (see LAPM Chapter 3: Project Authorization). Eligible consultant contracts may be procured using local funds prior to receiving the E-76, but reimbursement is for work performed after the E-76 authorization date. If contract is procured using state or local funds, federal procedures must have been followed if seeking federal reimbursement. For state-funded projects see Section 10.2: State-Only Funded A&E Contracts and LAPG Chapter 25: State Programs for Local Agency Projects, for guidance on when work may proceed.

Copies of the Authorization to Proceed and the consultant contract must be retained in the LPA project files for future audit.

10.1.2 Identifying & Defining a Need for Consultants
The need for a consultant is identified by comparing the project’s schedule and objectives with the LPA’s capabilities, its staff availability of the required expertise, and its funding resources. If the LPA does not have sufficient staff capabilities, it may solicit assistance from another agency, or use a qualified private consultant to perform the required work.

If the LPA determines that there is a need to solicit assistance from another LPA, or to use a consultant, the District Local Assistance Engineer (DLAE) should be notified if Federal-aid funds are to be requested for the project segment to be contracted out.

Designate Contract Administrator
The Contract Administrator is responsible for ensuring the quality of consultant contract products or services. The Contract Administrator is designated as soon as the need for consultant services is identified. The Contract Administrator is involved throughout the development of the selection process and the contract provisions, and in the administration of the consultant’s work. The Contract Administrator must be a qualified LPA employee or have staff that is qualified to ensure the consultant’s work is complete, accurate, and consistent with the terms and conditions of the consultant contract. On Federal-aid contracts, the Contract Administrator or staff members must be a full-time public employee and familiar with the work to be contracted out and the standards to be used. The Contract Administrator must also abide by the laws, regulations and policies required as part of accepting federal or state funding for their project. Non-compliance with the laws, regulations, and policies may result in loss of project funding.

The Contract Administrator’s duties are listed in 23 CFR 172.9(d)(1) and include:
• Contract negotiation, contract payment, and evaluation of compliance performance, and quality of services provided by the consultant;
• Being familiar with the contract requirements, scope of services to be performed, and products to be produced by the consultant;
• Being familiar with the qualifications and responsibilities of the consultant’s staff and evaluating any requested changes in key personnel;
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• Schedules and attends progress and project review meetings, commensurate with the magnitude, complexity, and type of work, to ensure the work is progressing in accordance with established scope of work and schedule milestones; • Documents contract monitoring activities and maintaining supporting contract records as specified in 2 CFR 200.332-334;
• Provides direction to ensure the proposed work is advertised properly; • Prepares and distributes the Request for Qualifications (RFQ), description of work, and Request for Proposals (RFP), if used;
• Prepares the draft contract;
• Arranges for preparation before an independent estimate of the value of the work to be contracted out;
• Ensures that the selection procedures are followed;
• Analyzes the selected/best-qualified consultant’s cost proposal; • Ensures contract audit and review procedure is followed; • Ensures that fee/profit negotiation is conducted and keeps records; • Serves as the LPA’s primary contact person for the successful consultant; • Monitors the consultant’s progress and provides direction; • Ensures consultant costs billed are allowable in accordance with the federal cost principles and consistent with the contract terms as well as the acceptability and progress of the consultant’s work;
• Identifies other LPA staff for the consultant to contact, if needed; • Closes out the contract at completion, by processing the final invoice; completing a mandatory consultant evaluation, and final DBE utilization reports (Exhibit 17-F: Final Report - Utilization of Disadvantaged Business Enterprises (DBE) and First-Tier Subcontractors or Exhibit 17-F1: Final Report - Utilization of Disadvantaged Business Enterprises (DBE) for A&E On-Call Contracts).

Segmenting Consultant Work
Consultant services are most effective when consultant work is segmented appropriately. The extent of segmenting depends upon the type and complexity of the work. Combining preliminary engineering tasks with the preparation of the required environmental analysis is normally desirable. Preparing an Environmental Assessment (EA) or Environmental Impact Statement (EIS) is more than simply writing a report. Assessment and impact reports include preliminary engineering needed to analyze project alternatives and produce an engineering and planning assessment. Initial project studies include only as much traffic and engineering analysis of alternatives, as is needed to produce a sound EA or EIS (see LAPM Chapter 6 Environmental Procedures, Standard Environmental Reference (SER) Chapter 31:Environmental Assessment (EA)/Finding of No Significant Impact (FONSI), and SER Chapter 32: Environmental Impact Statement (EIS). Final design must not begin until NEPA environmental approval has been received if federal reimbursement is desired.

Refer to Figure 10-1: Segmenting Consultant Work, which illustrates several satisfactory ways to segment consultant activities.

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Figure 10-1: Segmenting Consultant Work
Specify Products to be Delivered
The Contract Administrator identifies the products and services to be delivered as a result of consultant contract work, and minimum qualification of consultant professionals and staff. These vary depending upon the type of projects and the phase of project development being addressed.

Scope of Consultant Work
The scope of work, which the contract must include, is a detailed description of the products or services the consultant is to provide. From a detailed scope of work, consultants respond to a project advertisement, determine personnel and time requirements, and develop a technical proposal. Therefore, the scope of work must be clear, concise, complete, and describe the deliverables, standards for design and other work, quality control measures, acceptance criteria and deadlines.

Title VI Assurances
Title VI Assurances Appendices A and E must be included in each consultant contract. Include Title VI Assurances Appendices B, C, and D if applicable. The consultant must include the Title VI Assurances Appendices A and E, and if applicable Appendices B, C, and D in all subcontracts to perform work under the contract. Include Title VI Assurances Appendices B, C, and D if applicable. Refer to Exhibit 10-R: A&E Boilerplate Agreement Language, Article XXXII Title VI Assurances. Disadvantaged Business Enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, sex, national origin, religion, age, or disability in consideration for an award.

Non-Discrimination Clause
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provisions of the Non-Discrimination Clause in all subcontracts to perform work under the contract.

Disadvantaged Business Enterprise (DBE) Participation
When administering Federal-aid projects, federal regulations (49 CFR 26) require the LPA to comply with the DBE program and take necessary steps to ensure that DBE firms have the opportunity to participate in the projects. Refer to LAPM Chapter 9: Civil Rights and Disadvantaged Business Enterprises for DBE requirements for A&E Consultant Contracts.

Estimated Cost of Consultant Work
An independent estimate for cost or price analysis is needed for all consultant contracts (23 CFR 172.7(a)(1)(v)(B)) to ensure that consultant services are obtained at a fair and reasonable price. The estimate must be prepared prior to opening the cost proposal from the top-ranked consultant, so the LPA has a cost comparison to evaluate the reasonableness of the consultant’s cost proposal. The estimate, which is specifically for the use of the LPA’s negotiating team, is to be kept confidential and maintained for records.

A good cost estimate can be prepared only if the scope of work is defined clearly. The scope of work must include a list of the products or services which the consultant is required to deliver, and a time schedule of when they must be delivered.

It should be stressed that all work to be derived from the consultant services, such as preliminary design, environmental, or final design, must be clearly identified in the solicitation of consultant services (RFQ or RFP) and included in the cost estimate. The addition of work to the original scope by amendment should be avoided whenever possible. Contract modifications are required for any amendments to the terms of the existing contract that change the cost of the contract; significantly change the character, scope, complexity, or duration of the work; or significantly change the conditions under which the work is required to be performed.

Some of the costs estimating techniques are:

Analogous Estimating
Analogous cost estimating is using the actual cost of a previous, similar contract as the basis for estimating the cost of the current contract. Analogous cost estimating is frequently used to estimate costs when there is a limited amount of detailed information about the project.

Analogous cost estimating is generally less accurate, and it is most reliable when previous projects are similar in fact, and not just in appearance, and it uses expert judgment.

Parametric Estimating
Parametric estimating is a technique that uses statistical relationship between historical data and other variables to calculate a cost estimate for an activity resource. This technique can produce a higher level of accuracy depending upon the sophistication, as well as underlying resource quantity and the cost data. A cost example would involve multiplying the planned quantity of work by the historical cost per unit to obtain the estimated cost of the contract.

Bottom-up Estimating
This technique involves estimating the cost for individual work in the contract with the lowest level of detail. This detailed cost is then summarized or rolled up to determine a total cost of contract. Cost detail should include estimated hours per task, labor hourly cost for professional and non-professional classifications, subconsultant costs, other project direct costs, and profit.

Labor costs should be broken down to direct labor and indirect cost rates, if possible.

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If more than one project or phase of work is to be developed within the consultant contract, separate cost estimates are required for each project or phase of work. Separate cost estimates are required for each milestone and portion of the work expected to be subcontracted.

For on-call (as-needed) contracts, the cost estimate/analysis should include at minimum, a historical analysis of annual needs for consultant work, professional labor cost and market analysis, and reasonable profit analysis.

Determine Type of Contract
Types of contracts to be used are described as follows:
• Project-specific contract is between the LPA and consultant for the performance of services and a defined scope of work related to a specific project or projects. • Multi-phase contract is a project-specific contract where the defined scope of work is divided into phases which may be negotiated and executed individually as the project progresses.
• On-call contract is a contract that may be utilized for a number of projects, under which task or work orders are issued on an as-needed basis, for an established contract period and maximum total contract dollar amount. On-call contracts are typically used when a specialized service of indefinite delivery or indefinite quantity is needed for a number of different projects, such as construction engineering, design, environmental analysis, traffic studies, geotechnical studies, and field surveying, etc. Many agencies use these contracts to address peaks in workload of in-house engineering staff and/or to perform a specialized service which the agency does not have. On-call contracts must specify a reasonable maximum length of contract, not to exceed five (5) years, and a maximum total contract dollar amount (23 CFR 172.9(a)(3)). The maximum dollar amount for all contracts awarded under the solicitation must be stated in the solicitation. The maximum dollar amount is the aggregate of the on-call contracts anticipated to be awarded. For example, if the solicitation lists that up to five (5) contracts may be awarded, the aggregate amount of these five (5) contracts is the maximum contract dollar amount.

Setting maximum amount on each on-call contract under a multiple on-call solicitation does not meet the intent of 23 CFR 172. How many contracts are anticipated to be awarded must be stated in the solicitation. How task orders will be issued must be stated in the solicitation.

There are two options on how task orders must be awarded under multiple on-call contracts for the same type of service under the same solicitation:

1. Through an additional qualifications-based selection procedure also known as mini-RFP.
• Solicit task order to the multiple on-call consultants on the master on-call contracts
o Master on-call contracts are contracts awarded to on-call consultants at the initial RFQ/RFP procurement process. o Solicitation may be informal, e.g. email, letter, etc.; documentation is required.

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o Evaluation criteria must be included in the solicitation. The miniRFP contains evaluation criteria that matches the strengths of the qualified firms to the specifics of the known tasks, thereby selecting the most qualified firm for each task.
o The evaluation criteria can include:
i. availability of personnel,
ii. staff capabilities,
iii. DBE (10% or less of overall score); the overall DBE goal was established at the master on-call contract,
iv. completion of time,
v. experience of consultant
vi. specialized expertise, and past performance.
• Evaluate and rank proposals and select from the multiple on-call contracted consultants
o Recommend at least three panel members to evaluate and rank o Evaluate based on criteria in mini-RFP solicitation
• Negotiate and award to the on-call contracted consultant o The mini-RFP or the task order will be negotiated with first ranked firm from each competition. Task order (mini-RFP) cost will be based on wage rates established in the master on-call contract, and the time and deliverable requirements in the task order. • If only one proposal is received or there is an emergency, a NonCompetitive process must be justified, and Exhibit 12-F: Cost Effectiveness / Public Interest Finding / A&E Noncompetitive must be documented and signed by the DLAE
• Awarding task order to the multiple on-call consultants on a rotational basis does not meet the intent of the qualifications-based selection • Exhibit 10-G: Individual A&E Task Order DBE Tracking Sheet must be used to track percentage of DBE after a task order is completed • Each task order must have an Exhibit 10-O1: Consultant Proposal DBE Commitment and Exhibit 10-O2: Consultant Contract DBE Commitment as applicable

2. Regional basis where each on-call consultant is contracted to a designated area.

To maintain the intent of the Brooks Act (40 U.S.C.1101-1104) in promoting open competition and selection based on demonstrated competence and qualifications, oncall consultant contracts established through the RFQ process must meet the following requirements:
• Must define a general scope of work, complexity, and professional nature of services.
• Specify a task order procedure the LPA uses to procure project-specific work under the contract.

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• Task order work performed after the master on-call contract has expired will result in those costs being ineligible for federal or state reimbursement. • If multiple consultants are to be selected and multiple on-call contracts awarded through a single solicitation for specific services, the number of consultants that may be selected or contracts that may be awarded must be identified. • Specify procurement procedures in the contracts the LPA will use to award/ execute task orders among the consultants:
o Either through an additional qualification-based selection process (see the Two-Step RFQ/RFP process later in this chapter), OR o On regional basis whereby the region is divided into areas identified in the solicitation, and consultants are selected to provide on-call services for assigned areas only. The RFP may list multiple regions that allow consultants to crossover or be a “backup” to other consultants that for specifically documented reasons are not able to perform the work in their assigned region. Per 23 CFR 172.9 (a)(3)(iv)(B)(2), the “backup” option needs to be listed in the respective contracts.

An example of acceptable contract wording in multiple on-call contracts for the same type of service:
• “Agency has or will enter into three (3) task order contracts for performance of the Scope of Services identified in Exhibit “A”, including this Agreement (“CM Services Task Order Contracts”). The other CM Services Task Order Contracts are [identify other two contracts by agreement numbers and consultant firms].

The total amount payable by Agency for the CM Services Task Order Contracts must not exceed a cumulative maximum total value of Seven Million, Five Hundred Thousand Dollars ($7,500,000) (“NTE Sum”). It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under the CM Services Task Order Contracts through Task Orders. Each time a Task Order is awarded under any of the CM Services Task Order Contracts, the Agency must send written notification to Consultant and each of the other consultants entering into the CM Services Task Order Contracts. The notice must identify the total funds allocated under issued Task Orders, and the remaining unencumbered amount of the NTE Sum. Consultant acknowledges and agrees that Agency must not pay any amount under this Agreement that would exceed the NTE Sum, and Consultant must not enter into a Task Order that exceeds the NTE Sum.”
Determining the Project Schedule
The LPA develops a schedule for performance of work and completion of the project. The schedule must include sufficient time to allow for:
• Selecting the consultant;
• Developing the consultant contract;
• Completing the A&E consultant contract audit process; • Conducting meetings and project reviews.

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Determine Method of Payment
The method of payment of contract must be specified. The following four methods are permitted under 23 CFR 172.9(b) depending on the scope of services to be performed (sample cost proposals are provided on the DLA Consultant Selection and Procurement website):
• Cost-Plus-Fixed Fee
• Cost Per Unit of Work
• Specific Rates of Compensation
• Lump Sum
The method of payment to the consultant must be set forth in the original solicitation, contract, and in any contract modification thereto. A single contract may contain different payment methods as appropriate for compensation of different elements of work. Markups are not allowed on any of the four methods of payment.

The cost plus a percentage of cost and percentage of construction cost methods of payment must not be used. Both of these methods are explicitly prohibited by 23 CFR 172.9(b).

Cost-Plus-Fixed Fee
The consultant is reimbursed for costs incurred and receives an additional predetermined amount as a fixed fee (profit). Federal regulations require that profit be separately negotiated from contract costs. The determination of the amount of the fixed fee must take into account the size, complexity, duration, and degree of risk involved in the work. The fixed fee is not adjustable during the life of the contract. The fixed fee dollar amount must be clearly stated in the contract. See the DLA Consultant Selection and Procurement website for a useful tool on Profit/Fee Determination.

This method of payment is appropriate when the extent, scope, complexity, character, or duration of work cannot be precisely predicted. The fixed fee limit applies to the total direct and indirect costs. Fixed fees in excess of 15 percent of the total direct labor and indirect costs of the contract may be justified only when exceptional circumstances exist. The contract must specify a reasonable maximum length of contract period and a maximum total contract dollar amount (see Exhibit 10-R: A&E Boilerplate Agreement Language, Article V, Option 1). The contract cost proposal must identify all key employees and/or classifications to be billed. New key employees and/or classifications must be approved by the LPA before they incur work on the contract, or the costs can be questioned or disallowed. LPAs are not required to update the A&E Consultant Contract form when new key employees and/or classification are added to a contract; for more details, reference Section 10.1.8. Completing the Project.

Cost Per Unit of Work
The consultant is paid based on specific item of work performed. The item of work must be similar, repetitious, and measurable, such as a specific geotechnical investigation and material testing. This method of payment is appropriate when the cost per unit of work can be determined with reasonable accuracy in advance, but the extent or quantity of the work is indefinite. Contract payment provisions must specify what is included in the price to be paid for each item. Any item of work not identified in the contract cost proposal is not eligible for reimbursement. New items of work (those within the original scope of work only) must be amended into the contract before work is performed. The contract must also specify a EXHIBIT 1
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reasonable maximum length of contract period and a maximum total contract dollar amount (see Exhibit 10-R: A&E Boilerplate Agreement Language, Article V Option 2).

Specific Rates of Compensation
The consultant is paid at an agreed and supported specific fixed hourly, daily, weekly, or monthly rate, for each class of employee engaged directly in the work. Such rates of pay include the consultant’s estimated costs and net fee (profit). Federal regulations require that profit be separately negotiated from contract costs. The specific rates of compensation, except for an individual acting as a sole proprietor, are to include an hourly breakdown, direct salary costs, fringe benefits, indirect costs, and net fee. Other direct costs may be included, such as travel and equipment rentals, if not already captured in the indirect cost rate. Other direct costs regardless of amount are to be listed on the cost proposal.

This method of payment should only be used when it is not possible at the time of procurement to estimate the extent or the duration of the work, or to estimate costs with any reasonable degree of accuracy. This method should not be used for project-specific contracts and is recommended for on-call contracts for specialized or support type services, such as construction engineering and inspection, where the consultant is not in direct control of the number of hours worked, and it also requires management and monitoring of the consultant’s level of effort and the classification of employees used to perform the contracted work. The contract must also specify a reasonable maximum length of contract period and a maximum total contract dollar amount (see Exhibit 10-R: A&E Boilerplate Agreement Language, Article V Option 3).

Lump Sum
The consultant performs the services stated in the contract for an agreed amount as compensation, including a net fee or profit. This method of payment is appropriate only if the extent, scope, complexity, character, duration, and risk of the work have been sufficiently defined to permit fair compensation to be determined and evaluated by all parties during negotiations (see Exhibit 10-R: A&E Boilerplate Agreement Language, Article V: Option 4).

Normally, a lump sum contract will be paid in full at end of the contract when completed.

However, a lump sum contract can be negotiated with progress payment if feasible. The progress payment must be based on percent of work complete or completion of clearly defined milestones. The contract cost proposal must document the agreed-upon progress payment and include the necessary milestones costs, or the percent work complete schedule.

A firm fixed price method of payment is not the same as lump sum. A firm fixed price contract must not be amended.

Changes to Cost Proposal
Changes to the cost proposal requiring resubmittal to Independent Office of Audits and Investigations (IOAI) for review:
• Consultant/subconsultant name change
• New participating subconsultant’s Indirect Cost Rate (ICR) • Change in ICR rate
Since these changes require an amendment, the LPA is to update the A&E Consultant Contract form.

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10.1.3 A&E Consultant Audit and Review Process
This section outlines the audit and review process for A&E contracts that at any time use state or Federal-aid highway funds in furtherance of highway construction projects. All proposed A&E contracts and supporting documents are subject to audit or review by Caltrans’ Independent Office of Audits and Investigations (IOAI), other state audit organizations, or the federal government. Not all proposed contracts will be audited or reviewed; rather, they will be selected on a risk-based approach.

Applicable Standards
State and federal requirements listed below, and specific contract requirements, serve as the standards for audits and reviews performed.

LPAs, consultants, and subconsultants are responsible for complying with state, federal, and specific contract requirements. LPAs are responsible for determining the eligibility of costs to be reimbursed to consultants.

Applicable standards include, but are not limited to:
• Caltrans Local Assistance Procedures Manual (LAPM);
• State and Federal agreements between LPAs and Caltrans, (i.e., Master Agreements); • Project Program Supplemental Agreements;
• 23 U.S.C., Section 112 – Letting of Contracts;
• 40 U.S.C., Chapter 11: the Brooks Act;
• 23 CFR 172 - Procurement, Management, and Administration of Engineering and Design Related Services;
• 23 CFR, Chapter 1- Federal Highway Administration, Department of Transportation; • 48 CFR, Federal Acquisition Regulation (FAR), Part 31- Contract Cost Principles and Procedures;
• 48 CFR, Chapter 99 – Cost Accounting Standards Board, Office of Federal Procurement Policy, Office of Management and Budget
• 2 CFR 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• United States Government Accountability Office, Government Auditing Standards - Generally Accepted Government Auditing Standards (GAGAS); • California Government Code sections 4529.5 and 4529.10-4529.20; and • Proposed contract terms and conditions.

See Section 10.1.11: References of this chapter for links to above referenced standards.

Audit Guidance Available
The American Association of State Highway and Transportation Officials (AASHTO), Uniform Audit & Accounting Guide (AASHTO Audit Guide), which is referred to frequently in this section, is a valuable tool to guide LPAs, consultants, and Certified Public Accountants (CPA) through the requirements for establishing, and audits of FAR-compliant ICR. The AASHTO Audit Guide is used extensively as an industry guide in the audit and review process.

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LPAs may seek accounting assistance from internal audit staff and an independent CPA for compliance. The consultant may seek professional guidance in selecting its independent CPA.

See also the AASHTO Audit Guide, Chapter 2. Selection of CPA Firm as Overhead Auditor for guidance in the selection process. Training is also offered by FHWA’s National Highway Institute (see https://www.nhi.fhwa.dot.gov/home.aspx). Courses offered include:
• Using the AASHTO Audit Guide for the Procurement and Administration of A&E Contracts (FHWA-NHI-231028)
• Using the AASHTO Audit Guide for the Development of A&E Consultant Indirect Cost Rates (FHWA- NHI-231029)
• Using the AASHTO Audit Guide for the Auditing and Oversight of A&E Consultant Indirect Cost Rates (FHWA-NHI-231030)
For training and additional information provided by Caltrans Local Assistance, visit the Caltrans Local Assistance Blog. For FHWA’s Q&A for ICRs and audits, and A&E related services, visit FHWA Consultant Services website.

Allowable Costs
23 U.S.C.112(b)(2)(B) states that any A&E contract or subcontract awarded, whether funded in whole or in part with Federal-aid highway funds in furtherance of highway construction projects, must be performed and audited in compliance with the federal cost principles.

LPAs are required to perform a cost analysis to ensure all costs are allowable and in compliance with federal and state requirements and retain documentation of negotiation activities and resources. Hourly rate(s) for each key personnel and/or classification of employee(s) proposed in cost proposals must be reasonable for the work performed and actual, allowable, and allocable in accordance with the federal cost principles.

All consultant ICRs must be supported with the required financial documents as outlined in the checklist on IOAI's Financial Document Review (FDR) Request Form; however, Category 4 applies to all consultants regardless of the participation amount.

Costs must be allowable only if the cost is incurred and cost estimates included in negotiated prices are allowable in accordance with the federal and state regulations and procedures, and contract provisions.

Consultants must account for costs appropriately and maintain records, including supporting documentation, adequate to demonstrate that costs claimed have been incurred, and are allowable, reasonable, and allocable to the contract, and comply with federal cost principles.

IOAI and representatives of the Federal Government have the right to conduct an audit of all contract costs. If the costs are subsequently determined to be unallowable, these costs are subject to repayment. For further guidance, refer to 23 CFR 172 and 48 CFR 31.

Generally, whenever LPAs, consultants, and/or contractors are unable to provide requested documentation, it must be viewed that the services were either not performed or the costs not properly recorded. Retention of all documents is required as it reduces the possibility of audit findings and disallowed costs.

Safe Harbor Rate
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contracts for which an ICR would have been developed in compliance with federal cost principles 48 CFR 31. This may create a barrier for otherwise eligible and qualified firms to compete for federally-funded contracts.

To help alleviate and remove potential barriers, the Division of Local Assistance (DLA) has adopted Caltrans Division of Procurement and Contract’s (DPAC) Safe Harbor Rate (SHR) process and rates which took into account LPA data. The SHR information and rates can be found at the DLA Consultant Selection and Procurement website:
https://dot.ca.gov/programs/local-assistance/guidance-and-oversight/consultant-selectionprocurement. To request information regarding the SHR methodology, email the A&E Oversight Branch at [email protected]. Eligible A&E consultant firms can choose to use the DLA SHR rate on new A&E contracts using Federal-aid highway funds executed by LPAs in the State of California.

Use and application of the SHR by eligible firms provides reasonable assurance of consultant compliance with the federal cost principles per 23 CFR 172.11(c)(2). A&E consulting firms approved to use the established SHR will have their accounting system evaluated for capabilities of accumulating and tracking direct labor for applying the SHR, as well as for billing other direct costs by contract, segregating indirect costs, etc.

Use of the SHR is voluntary on behalf of the A&E consulting firm and LPAs. LPAs have the discretion to determine certification of eligibility based on requirements shown on the following SHR certification form: Consultant Firm Certification of Eligibility and Certification of Financial Management System.

A&E consultant firms (prime consultants and/or sub consultants) that have not had an ICR previously accepted by a cognizant agency may elect and request to use the SHR in a contract by submitting the completed SHR certification form, Consultant Firm Certification of Eligibility and Certification of Financial Management System, including the Questionnaire for Evaluating Consultant Firm’s Financial Management System section, and any other documents as needed.

This requirement is in addition to the A&E Consultant Audit and Review Process requirements described in this chapter.

It is the LPA’s responsibility to:
• Collect and screen all requests to use the safe harbor indirect cost rate. See SHR certification form, Consultant Firm Certification of Eligibility and Certification of Financial Management System, including the Questionnaire for Evaluating Consultant Firm’s Financial Management System section.
• Submit all SHR documents to the Independent Office of Audits & Investigations (IOAI) as part of the Financial Document Review Request package. The IOAI email address is:

[email protected]. Requests to use the safe harbor indirect cost rate must be accepted/approved by IOAI before contracts are executed.

Approval or Acceptance of Indirect Cost Rates
Cognizant Letters of Approval
A cognizant approved ICR has been audited by a cognizant agency (a State transportation agency of the State where the consultant's accounting and financial records are located or a State transportation agency to which cognizance for the particular indirect cost rate(s) of a consulting firm has been delegated or transferred to in writing by the State transportation agency where the consultant’s accounting and financial records are located) in accordance with generally accepted government auditing standards to test compliance with the requirements of EXHIBIT 1
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the federal cost principles (per 48 CFR 31), and the cognizant agency has either 1) issued an audit report of the consultant's indirect cost rate or 2) conducted a review of an audit report and related workpapers prepared by a certified public accountant and issued a letter of concurrence with the audited indirect cost rate(s). The cognizant agency approves the ICR and a cognizant approval letter is issued.

Caltrans Acceptance of Indirect Cost Rate
When the ICRs have not been established by a cognizant agency, Caltrans must perform an audit or review of a consultant’s and subconsultant’s ICR(s) to provide reasonable assurance of compliance with federal cost principles for consultant contracts with a dollar value equal to or greater than $1M.

An audit or review of the ICR may consist of one or more of the following:
• Perform a review to determine if the ICR was prepared in accordance with 23 CFR 172 and 48 CFR 31;
• Perform an audit to determine if the ICR was prepared in accordance with 23 CFR 172 and 48 CFR 31; and issue an audit report;
• Review and accept an ICR audit report and related workpapers prepared by a CPA or another State Transportation Agency;
• Perform other evaluations in accordance with a risk-based oversight process in accordance with 23 CFR 172 and 48 CFR 31.

Financial Review Performed Prior to Contract Execution
All consultants, including prime consultants and subconsultants, on a proposed contract with a dollar value equal to or greater than $1M are subject to an ICR financial review by IOAI. The financial documents required are detailed in the Financial Document Review Request form. IOAI will review the ICR financial documents to either accept or adjust the indirect cost rate prior to contract execution using a risk-based approach as dictated by factors that include but are not limited to:
• History of satisfactory performance and professional reputation of consultant; • Prior FAR compliant history and audit frequency;
• Experience of consultant with FAHP contracts;
• General responsiveness and responsibility;
• The approximate contract volume and dollar amount of all A&E contracts awarded to the consultant by Caltrans or an LPA in California within the last three calendar years; • The number of states in which the consultant does business; • The type and complexity of the consultant’s accounting system; • The relevant professional experience of any CPA performing audits of the consultants indirect cost rate;
• Assessment of consultant’s internal control. Responses to internal control questionnaire, see AASHTO Audit Guide, Appendix B;
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the consultant for a given one-year accounting period and for reliance by other contracting agencies using the same consultant. Contracts below $1 Million are not subject to the Caltrans Financial Document Review but LPAs are required to establish that all costs are in compliance with the federal cost principles, 48 CFR 31, and other applicable requirements are met. Cost analysis documents are required to be retained in the project files to demonstrate compliance.

For further guidance, refer to 23 CFR 172.11(b)(1). If the consultant is subject to Cost Accounting Standards (CAS), the consultant must use the applicable ICR for the contract.

LPAs are required to apply Caltrans-accepted consultant or subconsultant’s ICRs, to contracts.

An ICR is valid for the one-year applicable accounting period accepted or reviewed by Caltrans.

Consultants must update, on an annual basis, ICRs in accordance with the consultant’s annual accounting period and in compliance with the federal cost principles. LPAs must ensure that only approved or accepted ICRs of consultants for the applicable one-year accounting period be applied to contracts, if rates are not under dispute. A consultant’s accepted ICR for its one-year applicable accounting period must be applied to contracts; however, once an ICR is established for a contract, it may be extended beyond the one-year applicable period, through the duration of the specific contract, provided all concerned parties agree. Agreement to the extension of the one-year applicable period must not be a condition or qualification to be considered for the work or contract award. The contract must clearly specify the ICR period if it is beyond the one-year applicable period.

ICRs that have not been accepted by Caltrans for contracts with a dollar value equal to or greater than $1M will not be eligible for indirect cost payment. An ICR approved by a cognizant agency may be used across states for the one-year applicable accounting period, but an ICR accepted by Caltrans may only be applied to A&E contracts with Caltrans or LPA contracts using pass-through Caltrans funding. LPAs include Cities, Counties, Metropolitan Planning Organizations, Special Districts, and Regional Transportation Planning Agencies.

Local Public Agency Responsibilities
LPAs are responsible for obtaining all required ICR supporting documentation from A&E prime consultants and subconsultants as outlined in the Financial Document Review Request form.

LPAs are responsible for forwarding these documents to IOAI for review. LPAs are also required to ensure that IOAI has a copy of the Certification of Indirect Costs and Financial Management System form. The ICR included in the LPA’s cost proposal must match the ICR included in the Certification of Indirect Costs and Financial Management System form and the consultant’s ICR schedule. The proposed ICR, however, can be lower than ICR in the Certification of Indirect Costs and Financial Management System form and the consultant’s ICR schedule if the consultant elects to propose a lower ICR. For contracts spanning more than one year, LPAs are responsible for ensuring the Certification of Indirect Costs and Financial Management System form and cost proposals are updated annually unless all concerned parties agree to fix the ICR for the term of contract, and this is clearly specified in the contract. ICR updates are not required to IOAI if the ICR is fixed for the life of the contract. ICR’s are only reviewed for consultants that are being awarded a contract, not consultants on a short list or pre-qualified list.

The cost proposal includes contract costs: direct salary or wage rates, fixed fees, other direct costs, indirect costs, total costs, and certification for the costs. LPAs must perform and retain documentation of activities and resources used to support that a cost analysis has been performed to establish that costs and elements were determined to be fair and reasonable in accordance with federal cost principles.

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All contract supporting documentation must be retained by the LPA in project files for the required retention period. Unsupported costs may be disallowed and required to be returned to Caltrans. Having proper documentation policy and procedures, trained staff, and organized project files are essential for demonstrating that costs claimed and reimbursed have been incurred, are eligible, reasonable, allowable, and allocable to the contract and comply with federal cost principles.

Instructions are provided in the Financial Document Review Request form including requirements for submitting a complete Financial Review packet. Financial packets can be emailed to: [email protected].

Alternatively, Financial Review packets can be mailed to:

Department of Transportation
Independent Office of Audits and Investigations
MS 2 Attention: External Audit Manager
P.O. Box 942874
Sacramento, CA 94274-0001
LPAs may check IOAI’s website to verify whether consultants have been reviewed by Caltrans for the valid ICR period. All approved or accepted ICRs are issued an Acceptance Identification (ID) number by IOAI that is posted to IOAI’s website. This ID number should be referenced on all future contracts that use the same fiscal year ICR. ICR can be fixed for the life of the contract in prior written document or annually updated. Once it has been updated, it must be annually updated and the most current fiscal year of ICR must be used.

Consultant Responsibilities (both prime consultants and subconsultants) A&E prime consultants and subconsultants in contract with LPAs using state or Federal-aid highway funds should refer to the Financial Document Review Request form for the ICR financial documents required to be submitted to their LPA. Consultants must complete the Certification of Indirect Costs and Financial Management System form that attests that the ICR rate proposed is in compliance with federal cost principles (48 CFR 31) and that the consultant’s financial management system is adequate to accumulate and segregate reasonable, allowable, and allocable direct and indirect project costs. The Financial Document Review Request and Certification of Indirect Costs and Financial Management System forms should be submitted to the LPA who will forward a copy to IOAI along with all other related and required financial documents. For all future contracts within a same fiscal year, the consultant needs to only provide a copy of the Certification of Indirect Costs and Financial Management System form to the LPA.

Consultants must follow all the federal, state, and contract requirements outlined in the above, Applicable Standards section. Each contracting consultant must ensure its ICR is not combined with any parent company’s or subsidiary’s ICR.

ICR schedules for both prime consultants and subconsultants should be prepared using the accrual basis of accounting and be presented in compliance with the federal cost principles. See a Standard Indirect Cost Rate Schedule example that consultants can use when preparing their own.

For public works Prevailing Wage contracts, all workers must be paid the prevailing wage rate determined by the Director of the Department of Industrial Relations according to the type of work and location of the project: http://www.dir.ca.gov/Public-Works/Prevailing-Wage.html.

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When determined necessary, IOAI may request additional information, such as a labor distribution summary and Executive Compensation Analysis (ECA). A consultant’s labor distribution summary report is a labor expense report that detail all hours worked (paid and unpaid) for a fiscal year, wages earned, and benefits accrued by all the consultant’s employees.

The labor summary report should include employee names, salaries, hourly rates, total hours worked segregated by direct hours, indirect hours, paid time off hours, and uncompensated hours and amounts.

An ECA is an evaluation by the consultant to determine the allowability and reasonableness of executive compensation in compliance with federal cost principles and the AASHTO Audit Guide that can be based on either the National Compensation Matrix or independent compensation surveys.

Independent Office of Audits and Investigations’ Responsibilities After IOAI receives a consultant’s complete financial document packet (per the Financial Document Review Request form) from the LPA, IOAI will review the proposed ICR and supporting documents and notify LPAs in writing whether the proposed ICRs are accepted or adjusted.

Contracts will be executed after IOAI either accepts or adjusts the ICR. Correction of the final cost proposal, however, does NOT need to be cleared through Caltrans IOAI before executing the contract. An email notification from IOAI serves as documentation to support an accepted ICR.

Audits and Reviews to be Performed
After contract execution, a consultant’s ICR may be subject to further detailed review or audit by IOAI based on certain risk factors. Costs that are determined to be unallowable as a result of the review or audit will be subject to repayment.

Indirect Cost Rate Audits
During an ICR audit, IOAI or an independent CPA will examine the consultant’s proposed ICR for a one-year accounting period to ensure that unallowable costs have been removed from the indirect costs, that allowable costs have been correctly measured and properly charged and allocated, and that the ICR has been developed in accordance with the federal cost principles (as specified in 23 U.S.C.112(b)(2)(B), 23 CFR 172.11, 48 CFR 31 and other FAR and State requirements). As a result of the audit, the LPA will work with the consultant to adjust the ICR based on audit recommendations.

For guidance regarding the existing policies and procedures set forth in the federal regulations, and acceptable ICR schedules, refer to the AASHTO Audit Guide, Chapter 5, and the example Standard Indirect Cost Rate Schedule. The AASHTO Uniform Audit and Accounting Guide, Appendix A Review Program for CPA Audits of Consulting Engineers’ Indirect Cost Rates is also a resource for consultants and CPAs when preparing an ICR for audit.

CPA Workpaper Reviews
During a workpaper review of a CPA audit of an ICR, IOAI will review the CPA’s audit workpapers to determine whether to issue a Cognizant Letter of Approval for the ICR. The CPA Workpaper Review determines whether: (a) the CPA’s audit of the ICR was conducted in accordance with Generally Accepted Government Auditing Standards (GAGAS), (b) the CPA adequately considered the auditee’s compliance with the federal cost principles and related EXHIBIT 1
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federal and state laws and regulations. Chapter 11 of the AASHTO Audit Guide provides information to the CPA on the required audit disclosures.

IMPORTANT NOTE FOR CPAs: Contracts receiving state or federal funds are highly scrutinized. Materiality levels tend to be lower and more testing is required. GAGAS provides that auditors may find it appropriate to use lower materiality levels as compared with the materiality levels used in non-GAGAS audits because of the public accountability of government entities and entities receiving government funding, various legal and regulatory requirements, and the visibility and sensitivity of government programs. The AASHTO Audit Guide should be used as a tool for performing audits and attestations of A&E firms.

Contract Audits
During a Contract Audit, auditors will review a consultant’s financial management system and contract cost proposal to determine if:
• The consultants’ accounting system is adequate to accumulate and segregate costs; • Costs are reasonable, allowable, allocable, and supported adequately; • The contract contains all required fiscal provisions; • Proper state and federal procurement requirements were followed.

Incurred Cost Audits
During an Incurred Cost Audit, auditors will review incurred contract costs to determine if:
• Cost data are maintained in an accounting system that adequately gathers, records, classifies, summarizes, and reports accurate and timely financial data for direct and indirect project costs by account;
• Costs are adequately supported, reasonable, allowable, and allocable; • Costs incurred are in compliance with state and federal laws and regulations; • Costs incurred are in compliance with the Master Agreement and Supplemental Agreement;
• Costs incurred are in compliance with the fiscal provisions stipulated in the contract; and • The terms required by the Master Agreement and federal laws and regulations are in the contract.

Audit Findings and Review Deficiencies
If a consultant’s ICR is audited or reviewed, LPAs are responsible for ensuring all executed and future contracts reflect the audited and adjusted fiscal year ICR(s). LPAs should request reimbursement from the consultant for overpayment on rates that were adjusted down.

The LPA may be subject to sanctions outlined in Section 10.5 Sanctions if the state or federal government determines that any reimbursements to the consultant are the result of lack of proper contract provisions, unallowable charges, unsupported activities, or an inadequate financial management system.

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10.1.4 Consultant Selection Methods
There are three methods normally used in selecting a consultant:
• One-Step RFP
• One-Step RFQ
• Two-Step RFQ/RFP
The method used depends upon the scope of work, the services required, the project’s complexity, and the time available for selection of the consultant; see Consultant Selection Flowchart.

Beginning with Section 10.1.5: Consultant Selection Using the One–Step RFP Method, each of the selection methods is explained in detail. Regardless of the method used, the LPA must retain all consultant selection documentation in their project files as required by 23 CFR 172.

One-Step RFP
The One-Step RFP method may be used for Project–specific contracts when the scope of work is well-defined or for Multi-phased contracts where the defined scope of work is divided into phases. Other considerations include when the consultant’s services are highly specialized and there are few qualified consultants.

One-Step RFQ
The One-Step RFQ method is used when the requested services are specialized, or the scope of work is defined broadly and may include multiple projects. Typical services are preliminary engineering, surveying, environmental studies, preparation of Plans Specifications and Estimate (PS&E) and environmental documents, or construction management. This method or the twostep selection process is used for procurement of on-call contract(s). Note that specifications and requirements in the RFQ must cover all aspects of the final need. An RFP specific to the project, task, or service must be included in the solicitation for evaluation of a consultant's specific technical approach and qualifications.

Two-Step (RFQ Followed by RFP)
The Two-Step RFQ/RFP method may be used when the scope of work is complex or unusual.

This method also may be preferred by LPAs that are inexperienced about negotiations and procedures for establishing compensation. However, the Two-Step RFQ/RFP method is recommended for procurement of multiple on-call contracts, or on-call list, through a single solicitation. Regardless of any process utilized for pre-qualification of consultants or for an initial assessment of a consultant's qualifications under a RFQ, a RFP specific to the project, task, or service is required for evaluation of a consultant's specific technical approach and qualifications.

For more information, refer to description of on-call contract in Section 10.1.2: Identifying & Defining a Need for Consultants. This method requires substantially more work and time than the other two methods described above.

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10.1.5 Consultant Selection Using the One-Step RFP Method Of the three methods discussed, this one is most easily modified for non-A&E consulting contracts. This procurement procedure usually involves a single step process with issuance of a request for proposal (RFP) to all interested consultants. For non-A&E consulting contracts, a cost proposal must be part of the RFP and the selection criteria. For A&E contracts, the cost proposal is not requested until the consultants have been final ranked based upon their submitted technical proposal.

Appoint Consultant Selection Committee
A consultant selection committee with a minimum of three members is appointed at the beginning of the consultant selection process. The committee reviews materials submitted by consultants, develops a short list of qualified consultants, and develops a final ranking of the most qualified proposals. Representation on the committee includes the Contract Administrator and subject matter experts from the project’s functional area. The members should be familiar with the project/segment to be contracted out and with the LPA standards that will be used in the contract. Participation by a Caltrans district representative is at the option of the agency and subject to availability of the DLAE staff. Caltrans participation on the interview panel does not relieve the LPA of its responsibility to ensure that proper procurement procedures are followed, and all requirements are met.

LPA Contract Administrator ensures that all committee members meet the conflict of interest requirements (23 CFR 172.7(b)(4)) by completing and signing a conflict of interest statement prior to selection process initiation. A sample conflict of interest form is provided in Exhibit 10-T:

Conflict of Interest & Confidentiality Statement.

Develop Technical Criteria for Evaluation of Proposals
The Contract Administrator is responsible for developing the technical criteria, and their relative importance which are used to evaluate and rank the consultant proposals. In-state or local preference must not be used as factor in the evaluation, ranking, and selection phase. Local presence and DBE participation are the only two non-qualifications-based evaluation criteria that are permitted, however, the combined total of these criteria cannot exceed a nominal value of 10 percent of the total evaluation criteria (23 CFR 172.7(a)(1)(iii)(D)). All price or cost related items which include, but are not limited to, cost proposals, direct salaries/wage rates, indirect cost rates, and other direct costs are prohibited from being used as evaluation criteria.

The criteria and relative weights must be included in the RFP, and the same criteria and relative weights must be used in the evaluation sheets. Failure to include criteria and relative weights and to use the same criteria and weights during the evaluation will result in the contract costs being ineligible for federal or state reimbursement. Exhibit 10-B: Suggested Consultant Evaluation Sheet is a recommended evaluation sheet with criteria and rating points for A&E consultants, where cost is not used as a rating factor. This format is not mandatory, but it is recommended in the interest of developing consistency among the hundreds of agencies and consultants operating in the state. The LPA should consult with the DLAE before making major changes to the suggested approach.

Develop Schedule for Consultant Selection
Before the contract is advertised, the Contract Administrator completes a contract procurement schedule including key dates for consultant selection activities. The Contract Administrator should confirm key dates with all selection committee members before completing the schedule.

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Prepare RFP
The information required in an RFP solicitation includes the following:
• Description of project;
• Clear, accurate, detailed Scope of work, technical requirements, and qualifications; • Services to be performed;
• Deliverables to be provided;
• Procurement schedule;
• Applicable standards, specifications, and policies;
• Schedule of work (including estimated start and end dates of the contract); • Method of payment, and cost proposal requirements. The cost proposal is submitted in a separate concealed format. Cost proposals are requested from the highest ranked firm.

If these negotiations are formally terminated, the cost proposal is then requested from the next highest ranked firm. See sample cost proposals at the DLA Consultant Selection and Procurement website;
• Contract audit and review process requirements (see Section 10.1.3: A&E Consultant Audit and Review Process);
• Proposal format and required contents;
• Method, criteria, and weighting for selection;
• Requirements for any discussions that may be conducted with three or more of the most highly qualified consultants following submission and evaluation of proposals; • Specify contract type;
• Special provisions or contracts requirements;
• A DBE contract goal is specified in the solicitation (see Exhibit 10-I: Notice to Proposers DBE Information), if a Federal-aid contract;
• CMSR requirements (see Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement);
• Protest procedures and dispute resolution process per 2 CFR 200.318(k) and 23 CFR 172.5(c)(18).

The RFP specifies the content of a proposal, the number of copies required, due date, mailing address, and a physical address where the submittals may be hand-delivered if different from the mailing address. A minimum of fourteen (14) calendar days is required between the time the RFP is published and time that proposals must be submitted. More time may be required for complex contracts or projects.

Items typically required in a technical proposal include:
• Work plan (specify what is to be covered);
• Organizational chart;
• Schedule and deadlines;
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• Staffing plan;
• Proposed Team—complete for prime consultant and all key subconsultants; • Key personnel names and classifications—key team members identified in the original proposal/cost proposal must not change (be different than) in the executed contract; • Staff resumes;
• Names of consultant’s project manager and the individual authorized to negotiate the contract on behalf of the consulting firm;
• Consultant DBE Commitment document, see Exhibit 10-O1: Consultant Proposal DBE Commitment;
• References.

Financial Management and Accounting System Requirements The LPA must ensure that consultant contract solicitation and advertising documents (RFPs) clearly specify that contracts must not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR 16.301-3, 2 CFR 200, and 48 CFR 31. The LPA must ensure the selected consultants have adequate financial management systems as required by the applicable federal regulations.

Advertise for Consultants
The solicitation process for consultant services must be by public advertisement, or by any other public forum or method that assures qualified in-State and out-of-State consultants are given a fair opportunity to be considered for award of contract. The minimum length of advertisement is 14 calendar days.

Advertisement of the RFP in a major newspaper of general circulation, technical publications of widespread circulation, professional associations and societies, recognized DBE organizations, web hosting or clearing houses known for posting government contract solicitations such as BidSync, Planetbids, Public Purchase, or posting the RFP on the LPA’s or other widely used websites are all acceptable methods of solicitation.

To document website postings, the LPA should retain copies of screen shots displaying the posted begin/end dates.

The LPA must keep a record of all consultants that have downloaded RFP online as well as those receiving an RFP through other means, to ensure that any inquiry responses, addendums, or amendments to the RFP are given to all consultants that received the RFP.

Conduct Proposer’s Conference or Answer Written Questions The LPA may allow for clarification of the RFP by inviting submittal of written questions or by conducting a proposer’s conference, or by doing both. The LPA must publish or mail their responses to any written questions to all consultants receiving the RFP. No response should be given to verbal questions. It is important that all competing consultants receive the same information. If a proposer’s conference is to be held, the exact time and place must be specified in the RFP. Attendance at a proposer’s conference normally is not mandatory. However, consultants not attending the conference do not receive notes from the meeting unless they request the notes.

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Receive and Evaluate Technical Proposals
The Contract Administrator must verify that each proposal contains all of the forms and other information required by the RFP. If all required information is not provided, a proposal may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, or submittals with inadequate copies are considered nonresponsive and must be rejected. Submittal of additional information after the due date must not be allowed.

Documentation of when each proposal was received must be maintained in the project files.

Copies of date stamped envelope covers or box tops are recommended. The members of the consultant selection committee must evaluate each proposal according to the technical criteria listed in the RFP. Minimum of three proposals must be received and evaluated. If only two proposals are received, a justification must be documented to proceed with the procurement.

The justification should state that the solicitation did not contain conditions or requirements that arbitrarily limited competition per 23 CFR 172.7(a)(1)(iv)(D) and competition is determined to be inadequate and it is not feasible or practical to re-compete under a new solicitation per 23 CFR 172.7(a)(3)(iii)(C). If only one proposal is received, a Non-Competitive process must be justified and an Exhibit 12-F: Cost-Effectiveness / Public Interest Finding / A&E Noncompetitive must be documented and signed by the DLAE. In either case, the re-advertisement of the RFP should be considered as an option.

The committee must also evaluate reference checks and other information gathered independently. Reference checks must be completed, and other information gathered before the interviews are conducted. If necessary, the results of the reference checks or other information may be discussed with the highest ranked qualified consultants at the interviews.

Develop Final Ranking and Notify Consultants of Results The selection committee evaluates each proposal, interviews the three or more highest ranked consultants (short listed) if noted in solicitation, and develops a final ranking of the highest ranked consultants. All consultants that submitted proposals must be informed about the final ranking of consultants. It is important that all competing consultants receive the same information.

Most consultants will request information as to why they were not the highest ranked. The LPA may have an established procedure adopted for conducting debriefings but may also consider the following: The selection committee should keep notes as to why a particular consultant was not selected. When a consultant requests debriefing, the reasons for not being selected must be objective reasons. The consultant should not be compared to others and should not be provided with information about other consultants during this debriefing. Normally, the Contract Administrator does the debriefing; however, any member of the selection committee may be designated to do the debriefing.

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Negotiate Contract with Top-Ranked Consultant
Cost proposal (for both prime consultant and all subconsultants), and contract audit and review documents such as the Certification of Indirect Costs and Financial Management System and Financial Document Review Request forms, whichever is applicable (see Section 10.1.3: A&E Consultant Audit and Review Process) should be submitted in a separate sealed envelope.

Typically, the cost proposals are submitted by the short-listed consultants only, at time of interview. However, if time is of the essence and it can be justified, or if no interviews are planned, the cost proposal can be requested from all consultants with their technical proposal. If the contract involves subconsultants, the prime consultant must include a separate cost proposal for each subconsultant. Each subconsultant’s cost proposal must follow the same format as the prime consultant’s cost proposal.

The cost proposal for the most qualified consultant will be opened and used to begin negotiations. If agreement cannot be reached, then negotiations proceed to the next most qualified consultant. Each consultant’s cost proposal must remain sealed until negotiations commence with that particular consultant. The goal of negotiations is to agree on a final contract that delivers the services, or products required at a fair and reasonable cost to the LPA. At the completion of successful cost negotiations, all remaining sealed envelopes containing cost proposals must be returned to consultants.

Cost proposals in electronic form must be submitted separately from the RFP and contained in a secure database that is inaccessible to the members involved in the A&E consultant contract procurement process. Only the cost proposal of the most qualified consultant will be requested to be sent to the members. Cost proposals of unsuccessful consultants are confidential and must not be opened by the LPA or any private entity that the LPA uses to store the cost proposals. Any concealed cost proposals of the unsuccessful consultants must be returned unopened or properly disposed of in accordance with the LPA’s written policies and procedures.

The independent cost estimate, developed by the LPA in advance of requesting a cost proposal from the top-ranked consultant, is an important basis and tool for negotiations or terminating unsuccessful negotiations with the most qualified consultant. Items necessary for the independent cost estimate include, hours/detailed work, direct labor costs, indirect labor costs, other direct costs, and profit/fee. LPAs must retain documentation of how the cost estimate was developed. It can be revised, if needed, for use in negotiations with the next most qualified consultant.

Initiate A&E Consultant Audit Process (Financial Document Review Request) A contract audit and review may be required (see Section 10.1.3: A&E Consultant Audit and Review Process in this chapter). LPA Contract Administrator ensures that all required documentations are provided to Caltrans IOAI within 10 days of written request, including all documents for a Financial Review, if applicable. Caltrans IOAI will not proceed with a Financial Document Review until all required documentation is completed correctly and submitted.

Negotiations should be finalized after addressing all deficiencies noted in the Caltrans IOAI Financial Review Letter if applicable. An indirect cost audit may be performed within the record retention period of the contract.

Items typically negotiated include:
• Work plan;
• Schedule and deadlines (for deliverables and final duration of contract); • Products to be delivered;
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• Classification, wage rates, and experience level of personnel to be assigned; • Cost items, payments, and fees. Fee is required to be negotiated as a separate element;
• Hours, level of effort by task and/or classification.

The consultant’s ICR is not a negotiable item. A lower rate cannot be negotiated by the LPA.

The LPA and the consultant will agree on the final cost proposal and incorporate into final contract. Retain all documentation related to negotiations.

Before executing the consultant contract, the LPA must review contract to ensure that all federal and state requirements have been met and adjustment or denial of ICR as identified in the Financial Review Letter has been included in the final cost proposal, if applicable.

Prior to contract award, or after contract award but no later than the first invoice, the LPA must submit a completed A&E Consultant Contract form for all new federal funded A&E consultant contracts using the A&E Consultant Contract database at:
https://dla.dot.ca.gov/fmi/webd/AE%20Consultant%20Contract%20Form (Firefox or Chrome browser). Submission of the A&E Consultant Contract form is not required for non-A&E consultant contracts.

If there are any changes requiring an amendment to the contract after submittal of the A&E Consultant Contract form, refer to Section 10.1.8: Contract Amendments of this chapter.

10.1.6 Consultant Selection Using the One-Step RFQ Method The RFQ method is used when the services being procured are specialized, or the scope of work is defined broadly and may include multiple projects.

Appoint Consultant Selection Committee
A consultant selection committee with a minimum of three members is appointed at the beginning of the consultant selection process. The committee reviews and scores the materials submitted by consultants in response to the RFQ, develops a short list of qualified consultants, interviews those consultants, and develops a final ranking of the most qualified consultants.

Representation on the committee includes the Contract Administrator and subject matter experts from the project’s functional area. The members should be familiar with the scope of work to be contracted out and with the LPA standards that will be used in the contract.

Participation by a Caltrans district representative is at the option of the LPA and subject to the availability of the DLAE staff. Caltrans participation on the interview panel does not relieve the LPA of its responsibility to ensure that proper procurement procedures are followed, and all requirements are met.

LPA Contract Administrator ensures that all committee members meet the conflict of interest requirements (23 CFR 172.7(b)(4)) by completing and signing a conflict of interest statement prior to selection process initiation. A sample conflict of interest form is provided in Exhibit 10-T:

Conflict of Interest & Confidentiality Statement.

Develop Technical Criteria for Evaluation of Qualifications The Contract Administrator is responsible for developing the technical criteria, and their relative importance which are used to evaluate and rank the consultant qualifications. In-State or local preference must not be used as factor in the evaluation, ranking, and selection phase. Local EXHIBIT 1
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presence and DBE participation are the only two non-qualifications-based evaluation criteria that are permitted, however, the combined total of these criteria cannot exceed a nominal value of 10 percent of the total evaluation criteria (23 CFR 172.7(a)(1)(iii)(D)). All price or cost related items which include, but are not limited to, cost proposals, direct salaries/wage rates, indirect cost rates, and other direct costs are prohibited from being used as evaluation criteria.

The criteria and relative weights must be included in the RFQ, and the same criteria and relative weights must be used in the evaluation sheets. Failure to include criteria and relative weights and to use the same criteria and weights during the evaluation will result in the contract costs being ineligible for federal or state reimbursement. Exhibit 10-B: Suggested Consultant Evaluation Sheet is a recommended evaluation sheet with criteria and rating points for A&E consultants, where cost is not used as a rating factor. This format is not mandatory, but it is recommended in the interest of developing consistency among the hundreds of agencies and consultants operating in the State. The LPA should consult with the DLAE before making major changes to the suggested approach.

Develop Schedule for Consultant Selection
Before a contract is advertised, the Contract Administrator completes a contract procurement schedule including key dates for consultant selection activities. The Contract Administrator should confirm target dates with all selection committee members before completing the schedule.

Prepare RFQ
As a minimum, the RFQ generally includes the following:
• General description of the services or project(s);
• Scope of work;
• Schedule of work (including contract begin and end dates); • Method of payment, and cost proposal requirements. The cost proposal is submitted in a separate sealed envelope. See sample cost proposals at the DLA Consultant Selection and Procurement website;
• Contract audit and review process requirements (see Section 10.1.3: A&E Consultant Audit and Review Process);
• Statement of Qualification (SOQ) format and required content to be submitted; • Method and criteria and weights for selection;
• A DBE contract goal is specified in the solicitation (see Exhibit 10-I: Notice to Proposers DBE Information), if a Federal-aid contract;
• Consultants acting in a management support role requirements Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement; Protest procedures and dispute resolution process per 2 CFR 200.318(k) and 23 CFR 172.5(c)(18).

The RFQ specifies the content of the SOQ, the number of copies required, due date, mailing address, and a physical address where the submittals may be hand-delivered if different from the mailing address. Two to four weeks is usually allowed between the time the RFQ is EXHIBIT 1
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published and time that SOQs must be submitted. More time may be required for complex contracts or scope of work.

Items typically required in a statement of qualification include:
• Qualifications of key personnel (including consultant project manager) proposed for the contract. Key team members identified in the original proposal/cost proposal must not change (be different than) in the executed contract;
• Staff resumes;
• Related projects that key personnel have worked on;
• Qualifications/experience of the firm;
• Organizational chart;
• Forecast or Schedule of work;
• Consultant DBE Commitment document, see Exhibit 10-O1: Consultant Proposal DBE Commitment;
• References.

Financial Management and Accounting System Requirements The LPA must ensure that Consultant contract solicitation and advertising documents (RFQs) clearly specify that contracts must not be awarded to a consultant without an adequate financial management and accounting system as required by 48 CFR 16.301-3, 2 CFR 200, and 48 CFR

31. The LPA must ensure the selected consultants have adequate financial management systems as required by the applicable federal regulations.

Advertise for Consultants
The solicitation process for consultant services must be by public advertisement or any other public forum or method that assures qualified in-state and out-of-state consultants are given a fair opportunity to be considered for award of contract. The RFQ must contain sufficient project work information, so that interested consultants can submit an appropriate SOQ.

Advertisements for RFQ may take one of two approaches. The most common is an advertisement or publication of the RFQ in a major newspaper of general circulation, technical publication of widespread circulation, professional associations and societies, recognized DBE organizations, web hosting or clearing houses known for posting contract solicitations such as Bid Sync, PlanetBids, or posting the RFQ on other widely used websites. To document website postings, the LPA should retain copies of screen shots displaying the posted begin/end dates.

In the second approach, the LPA advertises the availability of the RFQ in a major newspaper of general circulation, technical publications of widespread circulation, professional associations and societies, recognized DBE organizations, or through a web hosting or clearing houses known for posting contract solicitations such as BidSync or PlanetBids, and requests that interested consultants send a letter of interest to the LPA for the RFQ. The RFQs must then be sent to those firms who indicated interest in the RFQ. In some cases, it may be desirable to advertise nationwide for a particular project or service. This approach provides a registry for firms who received the RFQ and therefore facilitates the broadcast of any revisions or addenda to the RFQ, if necessary.

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Issue/Publish RFQ
The LPA must publish the RFQ online and also issue the RFQ to all consultants responding to newspaper advertisement. The LPA must keep a record of all consultants that have downloaded the RFQ online as well as those receiving an RFQ through other means, to ensure that any inquiry responses, addendums, or amendments to the RFQ are given to all consultants that received the RFQ.

Receive/Evaluate Statements of Qualifications and Develop Short List The first step in the evaluation process is to determine that each SOQ contains all forms and other information required by the RFQ. Otherwise, the submittals may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, and submittals with inadequate copies are considered nonresponsive and must be rejected. Submittal of additional information after the due date must not be allowed.

Documentation of when each proposal was received must be maintained in the project files.

Copies of date stamped envelope covers or box tops are recommended.

Minimum of three proposals must be received and evaluated. If only two proposals are received, a justification must be documented to proceed with the procurement. If only one proposal is received, a Non-Competitive process must be justified, and an Exhibit 12-F: Cost Effectiveness / Public Interest Finding / A&E Noncompetitive must be documented and signed by the DLAE. In either case, the re-advertisement of the RFP should be considered as an option.

The consultant selection committee reviews the submitted SOQ according to the published evaluation criteria and weighting factors. The committee makes an independent random check of one or more of the consultant’s references. This check applies to major subconsultants also.

The committee establishes a short list of consultants who are considered to be best qualified to perform the contract work. The short list includes enough qualified consultants to ensure that at least three consultants are interviewed.

Notify Consultants of Short List
All consultants that submitted an SOQ must be notified of the results of the review. The notification also identifies those consultants (short list) that will be requested to attend interviews if interviews were an option in the solicitation. Most consultants will request information as to why they were not placed on the short list. Therefore, the selection committee should keep notes why a particular consultant was not selected for the short list. When a consultant requests a debriefing, the reasons given for not being selected must be objective reasons. Consultants should not be compared with each other during the debriefing. Normally, the Contract Administrator does the debriefing; however, any member of the selection committee may be designated to do the debriefing.

Interview Top-Ranked Consultants
Each consultant to be interviewed is given a copy of the draft of the proposed contract, defining the detailed scope of work, and/or description of required services, and other information. This should be sent with the initial notification of the interview.

Between the time of the notification of the short list and interviews, the LPA may answer any questions concerning the scope of work to be contracted out, if not done earlier during the solicitation. In addition, the LPA may conduct additional reference checks for each consultant to be interviewed. Consultants should submit their questions about the RFQ and receive their EXHIBIT 1
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answers from the LPA in writing. It is required that all consultants on the short list receive the questions and answers and are given the same information.

The committee should evaluate reference checks and other information that is gathered independently. Reference checks must be completed, and other information gathered before the interviews are conducted. If necessary, the results of the reference checks and other information may be discussed with the consultant at the interview.

Interviews are to be structured and conducted in a formal manner. Each consultant must be allowed the opportunity to make a presentation if desired; however, a time limit should be specified. Interview questions are prepared in advance.

Two types of questions may be asked:
• Questions that are to be asked of all competing consultants, and • Questions relating to each specific consultant, based upon the reference checks, and the strengths and weaknesses identified during evaluation of the SOQ
The agency can request competing consultants to bring additional information or examples of their work to the interviews; if the additional information facilitates the interview or evaluation process. Additional information requested should be kept at a minimum, that is, only information required to select the most qualified consultant for the contract. The selection committee or LPA must not gather additional information concerning the consultants after the interviews are completed.

Develop Final Ranking and Notify Consultants of Results All consultants interviewed must be informed about the final ranking of consultants. It is important that all competing consultants receive the same information.

Most consultants will request information as to why they were not selected as the most qualified.

Therefore, the selection committee should keep notes as to why a particular consultant was not selected. When a consultant requests debriefing, the reasons for not being selected must be objective. Consultants should not be compared with each other or provided with information about other consultants during the debriefing.

Normally, the Contract Administrator does the debriefing; however, any member of the selection committee may be designated to do the debriefing. The next two sections provide guidance when the RFQ is solicited for specialized services and additional information is required prior to cost negotiations with consultant. For on-call contracts, skip the next two sections and begin Negotiation phase.

Conduct Scoping Meeting
The Contract Administrator should meet with the first-ranked consultant’s project manager to review the project, and to ensure that the consultant has a complete understanding of the work that is required. The consultant is shown as much material as is available regarding the project.

Any technical questions regarding the project are answered for the consultant.

Request Cost Proposal
The first-ranked consultant is asked to provide a cost proposal to perform the work described in the draft contract and discussed at the scoping meeting. The work is to be performed according to the conditions described in the draft contract using the payment method described therein.

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Alternatively, if time is of the essence and it can be justified, sealed cost proposals may be requested from all of the consultants on the short list.

If the contract involves more than one project, the consultant must provide a separate cost proposal for each project in addition to a summary cost proposal for the total contract. If the contract involves milestones, the consultant must furnish a separate cost proposal for each milestone with a summary cost proposal for the total costs. If the contract involves subconsultants, the prime consultant must include a separate cost proposal for each subconsultant. Each subconsultant’s cost proposal must follow the same format as the prime consultant’s cost proposal.

Negotiate Contract with Top-Ranked Consultant
Cost proposals (for both prime consultant and all subconsultants), and contract audit and review documents such as Certification of Indirect Costs and Financial Management System and Financial Document Review Request forms, whichever applicable (see Section 10.1.3: A&E Consultant Audit and Review Process), will be submitted in a separate sealed envelope.

Typically, the cost proposals are submitted by the short-listed consultants only, at time of interview. However, if time is of the essence and it can be justified, or if no interviews are planned, the cost proposal can be requested from all consultants with their statements of qualification.

After the top-ranked consultant submits a sealed cost proposal, the LPA reviews the cost proposal and compares it with the LPA’s confidential detailed independent cost estimate and enters into negotiations. The goal of negotiation is to agree on a final contract that delivers to the LPA the services or products required at a fair and reasonable cost.

Negotiations should commence with the most qualified consultant. If agreement on a fair and reasonable price cannot be reached, negotiations should then be formally terminated.

Negotiations then proceed to the next most qualified consultant, and so on. Each consultant’s cost proposal must remain sealed until negotiations commence with that particular consultant.

At the completion of successful cost negotiations, all remaining sealed envelopes containing cost proposals must be returned to consultants.

Cost proposals in electronic form must be submitted separately from the RFQ and contained in a secure database that is inaccessible to the members involved in the A&E consultant contract procurement process. Only the cost proposal of the most qualified consultant will be requested to be sent to the members. Cost proposals of unsuccessful consultants are confidential and must not be opened by the LPA or any private entity that the LPA uses to store the cost proposals. Any concealed cost proposals of the unsuccessful consultants must be returned unopened or properly disposed of by permanently deleting the cost proposals in accordance with LPA’s written policies and procedures.

The independent cost estimate, developed by the LPA in advance of requesting a cost proposal from the top-ranked consultant, is an important basis and tool for negotiations or terminating unsuccessful negotiations with the most qualified consultant. Items necessary for the independent cost estimate include, hours/detailed work, direct labor costs, indirect labor costs, other direct costs, and profit/fee. Agencies must retain documentation of how the cost estimate was developed. It can be revised, if needed, for use in negotiations with the next most qualified consultant.

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Initiate A&E Consultant Audit Process (Financial Document Review Request) A contract audit and review may be required (see Section 10.1.3: A&E Consultant Audit and Review Process earlier in this chapter). LPA Contract Administrator is responsible for the submittal of all required documentations to Caltrans IOAI in a timely fashion, including all documents for a Financial Review, if applicable. Caltrans IOAI will not proceed with a Financial Review until all required documentation is completed correctly and submitted. Negotiations may be completed after receipt of the Caltrans IOAI Financial Review Letter. An indirect cost audit may be performed within the record retention period of the contract.

The items typically negotiated include:
• Work plan;
• Staffing plan;
• Schedule (including contract begin and end dates);
• Products to be delivered;
• Classification, wage rates, and experience level of personnel to be assigned; • Cost items, payments, and fee. Fee is required to be negotiated as a separate element.

The consultant’s ICR is not a negotiable item. A lower rate cannot be negotiated by the LPA.

For on-call contracts, typically a price agreement is reached based on specific rates of compensation for the term of the contract. The subsequent task orders (or mini agreements for individual project work) is negotiated based on cost plus fee, or lump sum, which is derived from the wage rates agreed upon earlier for the on-call contract.

Before executing the consultant contract, the LPA must review the contract to ensure that all federal and state requirements have been met, and receive Caltrans IOAI’s Financial Review acceptance letter, if applicable.

Prior to contract award, or after contract award but no later than the first invoice, the LPA must submit a completed A&E Consultant Contract form for all new federal-funded A&E consultant contracts using the A&E Consultant Contract database at https://dla.dot.ca.gov/fmi/webd/AE%20Consultant%20Contract%20Form (Firefox or Chrome browser).

If there are any changes to the contract after submittal of the A&E Consultant Contract form, refer to Section 10.1.8: Contract Amendments of this chapter.

10.1.7 Consultant Selection Using the Two-Step RFQ/RFP Method Combined RFQ and RFP
Selecting consultants using the Two-Step RFQ/RFP method requires combining certain steps from each of the other two methods previously described. The consultants are rated based upon both their qualifications and their technical proposals. This procurement procedure involves a two-step process with issuance of a request for qualifications (RFQ) whereby responding consultants are evaluated and ranked based on qualifications and a request for proposal (RFP) is then provided to three or more of the most highly qualified consultants. The two-step method leads to an executed project specific contract.

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A different process may also be used that includes assessing minimum qualifications of consultants to perform services under general work categories or areas of expertise through a pre-qualification process whereby annual statements of qualifications and performance data are encouraged. These consultants are not ranked, and an RFP must be submitted to the entire list for evaluation and consideration. Regardless of any process utilized for pre-qualification of consultants or for an initial assessment of a consultant's qualifications under a RFQ, a RFP specific to the project, task, or service is required for evaluation of a consultant's specific technical approach and qualifications.

The initial steps in the Two-Step RFQ/RFP method (up to the development and notification of the short list) are similar to the steps followed when using the One-Step RFQ method. At this point, the consultants from the short list are issued an additional RFP. The remaining steps are the same as the later steps followed in the One-Step RFP method. Because it is a combination of the One-Step RFQ and One-Step RFP methods, this method of consultant selection requires more work and time than the other two methods. Consequently, the Two-Step RFQ/RFP method is recommended for use only when the scope of work is not clearly known, very complex, or unusual.

The Two-Step RFQ/RFP is also well-suited for procuring multiple on-call contracts through a single solicitation (see Section 10.1.2 Determine Type of Contract). The outcome of the first step RFQ will be multiple contracts, or on-call list of consultants. For multiple on-call contracts, project work will be procured through subsequent competition or mini-RFPs amongst the on-call consultants.

LPAs may also use the Two-Step RFQ/RFP method to:

1. Develop and maintain a pre-qualified file/list of consultant firms by specific work categories or areas of expertise. This list includes all consultants that meet the minimum published pass/fail requirements. The pre-qualified list can be updated annually or at least every two years and must be maintained by the agency. This list has not gone through the evaluation process.

2. Create a short list of evaluated and ranked consultants that leads to executed contracts Because it is a combination of the One-Step RFQ and One-Step RFP methods, the Two-Step RFQ/RFP method of consultant selection requires more work and time than the other two methods. Consequently, the combined RFQ/RFP method is recommended for use when the scope of work is very complex or unusual.

Categorize Work
Descriptions of the categories of work, deliverables, and the minimum qualification standards for each category must be clearly identified.

The LPA may prequalify consulting firms in the following (or more) categories:
• Roadway Design
• Bridge Design
• Bridge Inspection
• Traffic Engineering
• Environmental Services
• Roadway Construction Inspection and Administration
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• Landscape Architecture
• Land Surveying
• Intelligent Transportation System (ITS)
• Federal–aid Highway Project Development Support Services Establish Minimum Qualifications
In an effort to ensure quality performance and results, a consultant should be required to meet certain minimum qualifications to be eligible for consideration in the pre-qualification process.

General criteria guidelines should be established for consultant selection for a pre-qualified list.

The criteria may be established by an individual or a panel of subject matter experts for the specific task of developing the criteria. Some agencies also establish appropriate weights for each criterion. It may be necessary to modify the criteria to fit specific cases. When a RFQ is published, it should state the criteria that will be used in the selection process.

Criteria for evaluating statements of qualifications, may include but are not limited to:
• Special expertise and experience of the firm’s key employees • Proposed staffing (include number of licensed and specialized staff) for the project and previous experience of those identified
• Experience of the firm and their personnel on previous projects similar to the one under consideration
• Consultant DBE Commitment document (see Exhibit 10-O1: Consultant Proposal DBE Commitment)
• Professional references by the firm with the LPA
• Understanding of the project by the firm as demonstrated by their approach to organizing and management of the work
• Current workload of the firm and their ability to meet the proposed project schedule • Quality of previous performance by the firm with the LPA • Use of subconsultants to accomplish work on the project • Equipment the firm has available and proposes to use as compatibility with ComputerAided Drafting and Design (CADD) and other equipment proposed to be used in accomplishing the work
• Familiarity with federal, state, and local codes, requirements, standards, and procedure • Examples of minimum qualifications for work categories above are provided here based on Caltrans best practices
Issue RFQ
The need for services of a consulting firm may be advertised in appropriate national, state, and local publications and web sites. Notices can also be sent to firms known to be qualified to do specific work, to professional societies, and to recognized Disadvantaged Business Enterprises (DBE) organizations. The advertisements and notices seek statements of interest and qualifications from consultants who are interested in the project. The DBE goal is established at the master on-call contract and included in the solicitation document.

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The SOQ should list consulting firm details, names of principals, office locations, personnel by discipline, project experience and examples, current workload, types of service the firms are qualified to perform, and previous performance. Also, resumes of key persons, specialists, and other associates that may be assigned to the project or projects should be included. This information should be the basis for evaluating and placing a consulting firm on a general prequalification list.

Federal regulations require that any procedures related to prequalifying consultants cannot restrict competition.

Pre-qualification of consultants may be allowed as a condition for submitting a technical proposal for a contract only if the period between the date of the issuance of the RFP and the deadline for submitting a technical proposal affords sufficient time to enable a consultant to obtain pre-qualification status.

Another practice is to qualify consultants on a project-by-project basis. This is accomplished for some agencies by advertising or publishing notices in national, state, and local publications for needed services for specific, individual projects. These notices include a precise project location, a defined preliminary scope of services to be performed, a specific schedule within which the work is to be completed, and a list of products and deliverables to be provided by the consultant. Specific project advertisements usually are published when the proposed project is large and complex, in-house resources are not available, special expertise is required, or the objectivity of an outside authority is desired.

Appropriate Federal-aid requirements should be complied with on Federal-aid projects.

Set-Up Evaluation Process
The first step in the evaluation process is to determine that each SOQ contains all forms, qualifications, and other information required by the RFQ. Otherwise, the submittals may be considered nonresponsive and rejected without evaluation. Documentation of when each SOQ was received must be maintained in the project files. Copies of date stamped envelope covers or box tops are recommended.

If all required information is not provided, a SOQ may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, or submittals with inadequate copies are considered nonresponsive and must be rejected. Submittal of additional information after the due date must not be allowed.

The LPA must establish a process by which SOQs are evaluated and consultants who are deemed meeting the minimum qualifications are accepted and placed on a pre-qualified list.

Whether the LPA has a “committee” of experts evaluating the SOQs or individuals responsible for the evaluation, the process must be well-defined, open, and transparent. The prequalification process must also allow for consultants to be re-evaluated in cases of denials. The LPA must specify how long the pre-qualified list lasts, not to exceed two years. Federal regulation recommends refreshing the SOQs on an annual basis.

LPA Contract Administrator ensures that all committee members meet the conflict of interest requirements (23 CFR 172.7(b)(4)) by completing and signing a conflict of interest statement prior to selection process initiation. A sample conflict of interest form is provided in Exhibit 10-T:

Conflict of Interest and Confidentiality Statement.

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Evaluate Qualifications and Add Firm to List
All SOQs received should first be reviewed for completeness. Each response must contain all required forms and any other information requested in the advertisement. The response may be considered incomplete and rejected without further evaluation if all required information is not provided or if the submittal is late.

The qualifications of all responding firms are then reviewed according to established evaluation criteria or factors. The agency then establishes a short list of at least three consultants that are determined to be the most highly qualified to perform the required work. Firms not selected should be notified in writing.

Maintain List
Pre-qualification of a consultant expires in two years. Pre-qualified consultants must renew their pre-qualification status every two years. Firms can apply to be on the list at any time. After a period of two years, firms should re-apply (repeat the process of submitting SOQs) to be on the list. In addition to the required two-year renewal process, the consultant should also be required to update the firm’s organizational structure within one year when there is a corporate/affiliate change, ownership control, type of work expertise, capacity, or any other major change.

If the consultant does not meet the minimum requirements and their SOQ is rejected, the committee must respond to the consultant explaining the reason for their rejection. The consultant is allowed to reapply to be on the list again provided the reasons for rejection are corrected.

The list of qualified firms can be maintained online through the agency’s website. Firms can also apply to be on the list through the agency website for ease of operation.

Issue RFP to Short-Listed Consultants
An RFP is sent to the short-listed firms. The RFP should indicate the content of the technical proposal, technical review procedures, anticipated schedule of activities, scope of work, project description, where the technical proposals are to be delivered, the number of copies required, and the due date.

Some agencies receive the technical proposal orally as part of an interview conducted for this purpose. In these cases, written documentation may not be required.

Items typically required in a technical proposal include:
• Work plan
• Organization plan
• Schedule for meeting time frame
• Available computer equipment and programs
• Staffing plan and resumes including subconsultants
• Pre-award audit/financial package information (if deemed appropriate) • Examples of similar work previously completed
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Conduct Proposer’s Conference or Answer Written Questions The LPA may allow for clarification of the RFP by inviting submittal of written questions or by conducting a proposer’s conference, or by doing both. The LPA must publish or mail their responses to any written questions to all consultants receiving the RFP. No response should be given to verbal questions. It is important that all competing consultants receive the same information. If a proposer’s conference is to be held, the exact time and place must be specified in the RFP. Attendance at a proposer’s conference normally is not mandatory. However, consultants not attending the conference do not receive notes from the meeting unless they request the notes.

Receive and Evaluate Technical Proposals
The Contract Administrator must verify that each technical proposal contains all forms and other information required by the RFP. If all required information is not provided, a technical proposal may be considered nonresponsive and rejected without evaluation. Late submittals, submittals to the wrong location, or submittals with inadequate copies are considered nonresponsive and must be rejected. Submittal of additional information after the due date must not be allowed.

Documentation of when each technical proposal was received must be maintained in the project files. Copies of date stamped envelope covers or box tops are recommended.

A consultant selection committee with a minimum of three members is appointed at the beginning of the consultant selection process. The members of the consultant selection committee must evaluate each technical proposal according to the technical criteria listed in the RFP. A minimum of three technical proposals must be received and evaluated.

If only two technical proposals are received, a justification must be documented to proceed with the procurement. If only one technical proposal is received, a Non-Competitive process must be justified, and an Exhibit 12-F: Cost-Effectiveness / Public Interest Finding / A&E Noncompetitive must be documented. In either case, the re-advertisement of the RFP should be considered as an option.

The committee must also evaluate reference checks and other information gathered independently. Reference checks must be completed, and other information gathered before the interviews are conducted. If necessary, the results of the reference checks or other information may be discussed with the highest ranked qualified consultants at the interviews.

Develop Final Ranking and Notify Consultants of Results The selection committee discusses and documents the strengths and weaknesses of each technical proposal, interviews the three or more highest ranked consultants (short listed), and develops a final ranking of the highest ranked consultants. All consultants that submitted technical proposals must be informed about the final ranking of consultants. It is important that all competing consultants receive the same information.

Most consultants will request information as to why they were not the highest ranked. Therefore, the selection committee should keep notes as to why a particular consultant was not selected.

When a consultant requests debriefing, the reasons for not being selected must be objective reasons. The consultant should not be compared to others and should not be provided with information about other consultants during this debriefing. Normally, the Contract Administrator does the debriefing; however, any member of the selection committee may be designated to do the debriefing.

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Request Cost Proposal and Negotiate Contract with Top-Ranked Consultant The first-ranked consultant is asked to provide a cost proposal to perform the work described in the draft contract and discussed at the scoping meeting. The work is to be performed according to the conditions described in the draft contract using the payment method described therein.

Alternatively, if time is of the essence and it can be justified, sealed cost proposals may be requested from all the consultants on the short list.

If the contract involves more than one project, the consultant must provide a separate cost proposal for each project in addition to a summary cost proposal for the total contract. If the contract involves milestones, the consultant must furnish a separate cost proposal for each milestone with a summary cost proposal for the total costs. If the contract involves subconsultants, the prime consultant must include a separate cost proposal for each subconsultant. Each subconsultant’s cost proposal must follow the same format as the prime consultant’s cost proposal.

Cost proposals (for both prime consultant and all subconsultants) and contract audit and review documents, such as Certification of Indirect Costs and Financial Management System and Financial Document Review Request forms, whichever applicable (see Section 10.1.3: A&E Consultant Audit and Review Process), will be submitted in a separate sealed envelope.

After the top-ranked consultant submits a sealed cost proposal, the LPA reviews the cost proposal and enters into negotiations. The goal of negotiation is to agree on a final contract that delivers to the LPA the services or products required at a fair and reasonable cost.

Negotiations should commence with the most qualified consultant. If agreement on a fair and reasonable price cannot be reached, negotiations should then be formally terminated.

Negotiations then proceed to the next most qualified consultant, and so on. Each consultant’s cost proposal must remain sealed until negotiations commence with that particular consultant.

At the completion of successful cost negotiations, all remaining sealed envelopes containing cost proposals must be returned to consultants.

The independent cost estimate, developed by the LPA in advance of requesting a cost proposal from the top-ranked consultant, is an important basis and tool for negotiations or terminating unsuccessful negotiations with the most qualified consultant. Items necessary for the independent cost estimate include, hours/detailed work, direct labor costs, indirect labor costs, other direct costs, and profit/fee. Agencies must retain documentation of how the cost estimate was developed. It can be revised, if needed, for use in negotiations with the next most qualified consultant.

Initiate A&E Consultant Audit Process (Financial Document Review Request) A contract audit and review may be required (see Section 10.1.3: A&E Consultant Audit and Review Process). The LPA Contract Administrator is responsible for the submittal of all required documentations to Caltrans IOAI in a timely fashion, including all documents for a Conformance Review, if applicable. Negotiations may be completed after receipt of the Caltrans IOAI Conformance Letter. An indirect cost audit may be performed within the record retention period of the contract.

Items typically negotiated include:
• Work plan
• Schedule and deadlines (for deliverables and final duration of contract) • Products to be delivered
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• Classification, wage rates, and experience level of personnel to be assigned • Other Direct Cost items, and profit or fee
The consultant’s ICR is not a negotiable item. A lower rate cannot be negotiated by the LPA.

The LPA and the consultant will agree on the final cost proposal and incorporate into final contract.

Before executing the consultant contract, the LPA must review the contract to ensure that all federal and state requirements have been met.

10.1.8 Completing the Project
Develop the Final Contract
The Contract Administrator requests a revised cost proposal from the consultant after:
(1) negotiations have been completed, (2) the LPA and consultant have agreed to a fair and reasonable price, and (3) a letter, if applicable, is released by Caltrans IOAI that accepts, denies, or makes an adjustment to the proposed ICR. The Contract Administrator should review the revised cost proposal to ensure that all the items and changes discussed during negotiation were included. This revised cost proposal then becomes the final cost proposal and is attached to and made a part of the consultant contract. Sample contract language and format have been included as Exhibit 10-R: A&E Boilerplate Agreement Language.

The Contract Administrator has responsibility to ensure that the final negotiated contract is complete and has verified that all required backup documents have been provided. Copies of the contract are sent to the consultant for signature first.

Review and Approval of Contracts
Proposed contracts for consultant services (including subcontracted work) must be reviewed by the LPA to verify that:
• Compensation is fair and reasonable and includes prevailing wage rates, if applicable; • Work activities and schedules are consistent with the nature and scope of the project; • DBE goal Exhibit 10-O2: Consultant Contract DBE Commitment is included for all contracts regardless of goal;
• Certification of Indirect Costs and Financial Management System (for prime consultants and subconsultants) and Financial Document Review Request forms and all supporting documents, if applicable (contracts at or above $1 Million), have been submitted to Caltrans IOAI;
• If applicable, adjustment or denial of the ICR identified in the Financial Review Letter have been included in the final cost proposal;
• A&E Consultant Contract database must be used to ensure that required documentation has been provided;
• A cost proposal must include the costs of materials, direct salaries, payroll additions, other direct costs, indirect costs, fees, and backup calculations.

Before approving a contract for consulting services, the Contract Administrator must be satisfied that the consultant’s organization:

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• Is qualified to perform the services required;
• Is in a position, considering other work commitments, to provide competent and experienced personnel to perform the services in the time allowed; • Is fully aware of all applicable federal and state laws including implementing regulations, design standards, specifications, previous commitments that must be incorporated into the design of the project, and administrative controls including those of Caltrans and FHWA.
• Has an adequate financial management system as required by the applicable federal regulations.
• Is not disbarred or suspended from state or federally-funded contracts. Per 23 CFR 172.7(b)(3) “A contracting agency shall verify suspension and debarment actions and eligibility status of consultants and subconsultants prior to entering into an agreement or contract in accordance with 2 CFR 1200 and 2 CFR 180.”
The contract must provide for a defined level of acceptability and a statement to the effect that the consultant may be required to modify its work as necessary; to meet that level of acceptability as defined in the contract. The contract must provide for LPA reviews at appropriate stages during performance of the work, to determine if any changes or other actions are warranted.

The contract must provide that the consultant and subconsultants must retain all books, documents, papers, accounting records, and other information pertaining to costs incurred for a three-year period once Caltrans submits the final voucher to FHWA. Such materials must be available for inspection and audit by federal, state, and LPA authorized representatives; copies thereof must be furnished, if requested.

Execute Contract and Issue Notice to Proceed to Consultant The Contract Administrator sends the consultant a fully executed copy of the contract with an original signature and issues a notice to proceed. Funds may not be used to reimburse the agency for any work or costs incurred before the Authorization to Proceed is issued, or for consultant costs incurred prior to the execution of the consultant contract. All executed on-call contracts must have a begin and end date. All executed project-specific or multiphase contracts must have a begin date and should have an end date prior to the Project End Date. Work performed after the Project End Date is not eligible for reimbursement; see LAPM Chapter 3:

Project Authorization. LPA consultant selection and contract execution costs may be reimbursable.

For on-call contracts, a fully executed copy of the contract with original signatures will be sent to the consultant. Each subsequent task order (for individual project) will be accompanied with a copy of the signed task order and a Notice to Proceed, once it is negotiated and approved. Task order expiration dates must not exceed the Master On-call agreement end date.

Administer the Contract
Project work begins as specified in the contract after the notice to proceed is issued to the consultant. Thereafter, the LPA manages and administers the contract to ensure that a complete and acceptable product is received on time, within standards, and within budget and terms of the contract.

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Contract administration activities help to ensure that contractual obligations are completed satisfactorily. Generally, these activities include:
• Monitoring project progress and compliance with contract requirements; • Receiving, reviewing, and assessing reports, plans, and other required products/ deliverables;
• Receiving and reviewing state prevailing wages (see Department of Industrial Relations websites below):
o DIR FAQ website: http://www.dir.ca.gov/OPRL/FAQ_PrevailingWage.html o DIR Wage Determination website:
http://www.dir.ca.gov/oprl/DPreWageDetermination.htm
• Reviewing invoices to ensure costs claimed are in accordance to the method of payment and contract cost proposal, approving payments;
• If new consultant personnel are added or substituted, labor rates must be verified prior to approving invoices.
• Record keeping and reporting;
• Controlling costs;
• Identifying changes to the scope of work and preparation of amendments (must ensure that any changes to the scope is within the constraints of the original RFP/RFQ; • Completing the consultant performance evaluations (see Exhibit 10-S: Consultant Performance Evaluation).

Substitution of Consultant Personnel and Subconsultants After contract execution the consultant should not substitute key personnel (project manager and others listed by name in the cost proposal) or subconsultants without prior written approval from the LPA. Refer to LAPM Chapter 9: Civil Rights & Disadvantaged Business Enterprise and 49 CFR 26 for DBE substitution requirements. To do so can result in the costs being ineligible for federal or state reimbursement. The consultant must request and justify the need for the substitution and obtain approval from the LPA prior to use of a different subconsultant on the contract.

The proposed substituted person must be as qualified as the original, and at the same or lower cost. For engineering types of consultant contracts, the consultant’s project manager must be a registered engineer in the State of California.

Invoicing (or Progress Payments)
The frequency and format of the invoices/progress payments are to be determined by the contract. Program Supplement Agreements (see LAPM Chapter 3: Project Authorization) need to have been prepared prior to any payments being requested. Payments to the consultant are to be in arrears. In other words, the consultant must have actually incurred and paid the costs before invoicing the LPA.

For federal reimbursement of consultant costs on a project, the LPA must submit the following to the DLAE, for each consultant or consulting firm used on the project (failure to do so will result in the consultant’s invoices for reimbursement being returned to the agency unprocessed):

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• Copy of Executed Consultant contract;
• Exhibit 10-O1: Consultant Proposal DBE Commitment
• Exhibit 10-O2: Consultant Contract DBE Commitment
• Copy of issued task order and Exhibit 10-O2 for the task order for on-call contracts.

DLAE must confirm that the LPA has submitted copies of the Certification of Indirect Costs and Financial Management System form (for prime consultant and subconsultants) to Caltrans IOAI and that LPA has submitted the A&E Consultant Contract form to Caltrans.

The LPA is to follow the procedures given in LAPM Chapter 5: Invoicing, to obtain reimbursement of federal or state funds.

Contract Amendments
Contract amendments are required to modify the terms of the original contract for changes such as extra time, added work, or increased costs. Only work within the original advertised scope of services must be added by amendment to the contract. The addition of work outside the original advertised scope will make that work ineligible for federal or state reimbursement (see FHWA’s Q&A for A&E related services).

There is no prescribed format for contract amendments. They may take the form of letter-type agreements meeting the legal requirements of the LPA, clearly outlining the changes and containing a mutually agreed-upon method of compensation. Such agreements must conform to the requirements of this manual with regard to payment.

A consultant contract may be amended at any time prior to the expiration date of the original contract. The most common amendment is to extend the ending date of the contract. All contract amendments must be fully executed before the ending date of the contract by formal amendment. Failure to amend a contract prior to the ending date will make the subsequent costs ineligible for federal and state reimbursement. Task orders are not considered an amendment and therefore not appropriate to extend the terms of the contract.

All contract amendments must be negotiated following the same procedures as the negotiation of the original contract and must be in writing and fully executed by the consultant and LPA before reimbursable work begins on the amendment. For any additional engineering and design related services outside of the scope of work established in the original solicitation, a contracting agency must either procure the series under a new solicitation, perform the work itself using agency staff, or use a different, existing contract under which the services would be within the scope of work. Overruns in the costs of the work must not automatically warrant an increase in the fixed fee portion of a cost-plus-fixed fee reimbursed contract. Permitted changes to the scope of work or duration may warrant consideration for adjustment of the fixed fee portion of cost-plus-fixed fee or lump sum reimbursed contracts. If an emergency exists of such magnitude that a delay cannot be tolerated, the LPA and the consultant may agree on an amendment initiating the work, so that reimbursable work may begin. The initiating amendment is then followed by a final amendment once the full scope of the emergency work is known and agreed to by both parties. In both cases, sufficient funding should be included in the amendments to pay for all work to be performed by the consultant. The final amendment must be executed as quickly as possible. Failure to fully comply with this section may result in the loss of LPA funding. Section 10.1.3: A&E Consultant Audit and Review Process of this chapter must apply to the entire contract and must be completed prior to execution of the contract amendment. For contracts greater than or equal to $1 Million, submit the Financial Document Review Request EXHIBIT 1
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form to IOAI for all amendments on consultant/subconsultant's name change, amending an ICR, or adding new subconsultant's ICR. ICRs that have not been accepted by IOAI are not eligible for federal or state reimbursement. For contracts with original amounts under $1 Million but subsequently became greater than or equal to $1 Million after amendment, IOAI Financial Document Review is not required. If there are any changes to the contract after submittal of the A&E Consultant Contract form, the LPA must submit an amended form to the A&E Consultant Contract database prior to the first invoice after the contract has been amended. Submission of the A&E Consultant Contract form is not required for non-A&E consultant contracts. All amendments must incorporate any current requirements of the federal regulations including the federal fiscal provisions and submit the A&E Consultant Contract form to the A&E Consultant Contract database prior to the first invoice after the contract has been amended (please use Firefox or Chrome if not supported by your browser).

Performance Evaluation
Pursuant to 23 CFR 172.9(d)(2) agencies are required to prepare an evaluation of the consultant when the project has been completed. The Contract Administrator evaluates the consultant’s performance after the consultant’s final report has been submitted, and the Contract Administrator has conducted a detailed evaluation with the consultant’s project manager. See Exhibit 10-S: Consultant Performance Evaluation for a suggested format for use by the LPA.

Project Records
Federal-Aid Highway Program funding recipients and subrecipients must maintain adequate and readily accessible project performance and financial records, supporting documents, and other records considered pertinent to the grant agreement and in compliance with federal laws and regulations (e.g., 23 USC 112; 40 USC 1101-1104, 23 CFR 172, 48 CFR 31, and 2 CFR 200).

These records must be maintained for a minimum of three (3) years following issuance of the final voucher from FHWA (forwarded by Caltrans) and the closure of all other pending matters (2 CFR 200.334).

For audit purposes, project records and documentation must be kept for three (3) years after payment of the final federal or state voucher. Among the records to be retained are as follows (not an all-inclusive list):
• Copies of RFPs and RFQs, changes, addendums, etc. and bidder’s list; • Documentation of DBE participation (including Exhibit 10-O1: Consultant Proposal DBE Commitment, Exhibit 10-O2: Consultant Contract DBE Commitment), Exhibit 10-G:

Individual A&E Task Order DBE Tracking Sheet, Exhibit 17-F: Final Report – Utilization of Disadvantaged Business Enterprise and First-Tier Subcontractors or Exhibit 17-F1:

Final Report-Utilization of Disadvantaged Business Enterprise for A&E On-Call Contracts, and Exhibit 17-O: Disadvantaged Business Enterprise Certification Status Change.
• Solicitation and advertisement records;
• Identification of selection committee members;
• Record of receiving proposals, statement of qualifications; • Evaluation and ranking records such as original score sheets from all panel members, short list questions, and other documentation (see Exhibit 10-B: Suggested Consultant Evaluation Sheet);
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• Independent cost estimate (prepared in advance of requesting a cost proposal from the top-ranked consultant);
• Record of negotiations (to include a separate negotiation of profit in accordance with federal guidelines);
• Financial Review Letter and Cognizant Agency Letter, when applicable; • CPA-audited ICR Audit Report or Approved State DOT Cognizant Indirect Rate Letter, if any;
• Consultant Certification of Costs and Financial Management (Certification of Indirect Costs and Financial Management System form) for contracts at or above $1 Million; • A&E Consultant Audit Request Letter and Checklist (Financial Document Review Request form) for contracts at or above $1 Million and all supporting documentation. • Executed consultant contracts, cost proposals, and amendments (see Exhibit 10-R: A&E Boilerplate Agreement Language);
• Contract oversight and progress meeting documents;
• Progress and final payments, and supporting documentation; • Performance evaluation (see Exhibit 10-S: Consultant Performance Evaluation); • A&E Consultant Contract form (see A&E Consultant Contract database); • Accounting records documenting compliance with State and federal administrative requirements;
• Certifications and Conflict of Interest forms (Exhibit 10-T: Conflict of Interest & Confidentiality Statement, all personnel involved in the procurement of the agreement should complete Exhibit 10-T, Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement, and Exhibit 10-Q: Disclosure of Lobbying Activities, as appropriate). Exhibit 10-Q is included in the solicitation and must be completed if the consultant needs to disclose any lobbying activities.

Retention Clauses
At the option of the LPA, a retention clause may be included in the consultant contract. A retention clause in the consultant contract is recommended (see Exhibit 10-R: A&E Boilerplate Agreement Language, Article VIII).

Review of Local Public Agency Actions
Federal-aid or state reimbursement is contingent on meeting the federal or state requirements and can be withdrawn, if these procedures are not followed and documented. The LPA files are to be maintained in a manner to facilitate future FHWA or Caltrans process reviews and audits.

As specified in the Review and Approval of Contracts above, the Contract Administrator must review the proposed consultant contract before execution.

The A&E Consultant Contract form is to be completed prior to award, or after contract award but no later than the first invoice. A copy of this form must be retained in the LPA project files.

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10.1.9 Miscellaneous Considerations
Agreements with Other Governmental Agencies
Intergovernmental or inter-entity agreements are encouraged if appropriate. If another governmental agency is requested to do work or provide services to an agency, an interagency agreement is needed (2 CFR 200, PCC 10340, and California Government Code 11256).

Small Purchase Contracts
Contracts that are less than $250,000 are considered small contracts in accordance with federal regulations. However, within the State of California, there is no recognized small purchase procedure and all A&E contracts are procured using qualifications-based selection and not cost.

For federal contracts that are less than $250,000 and are not anticipated to exceed this amount, the agency must use either Section 10.2: State-Only Funded A&E Contracts or the federal guidance for contracts greater than $250,000. If the contract is anticipated to exceed $250,000, use one of the accepted procurement procedures listed in the previous sections. Small contracts using the simplified acquisition procedure (see Section 10.2: State-Only Funded A&E Contracts) must not exceed $250,000 or the additional costs are considered not reimbursable.

The entire contract could also be considered ineligible by FHWA depending on circumstances.

The scope of work, project phases, and contract requirements must not be broken down into smaller components to permit the use of small purchase procedure. DBE requirements apply for all federally-funded projects.

Noncompetitive Negotiated Contracts (Sole-Source)
Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under sealed bids or competitive proposals (23 CFR 172.7(a)(3)).

FHWA considers these types of contracts as Sole Source contracts and should be used only in very limited circumstances. An Exhibit 12-F prepared by the LPA and approved by Caltrans is required before establishing these services (23 CFR 172.7(a)(3); also see Exhibit 12-F: CostEffectiveness/Public Interest Finding/A&E Noncompetitive.

Conditions under which noncompetitive negotiated contracts may be acceptable include:
• Only one organization is qualified to do the work;
• An emergency exists of such magnitude that cannot permit delay; • Competition is determined to be inadequate after solicitation of a number of sources.

The LPA must:
• Follow its defined process for noncompetitive negotiation; • Develop an adequate scope of work, evaluation factors, and cost estimate before solicitation;
• Conduct negotiations to ensure a fair and reasonable cost.

The LPA must carefully document details of the special conditions, obtain Caltrans approval on the Exhibit 12-F: Cost Effectiveness / Public Interest Finding / A&E Noncompetitive and retain all documents in the project files for future Caltrans’ or FHWA’s review.

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Retaining a Consultant in a Management Support (CMSR) Role Management support role means performing engineering management services or other services acting on the contracting agency's behalf, which are subject to review and oversight by agency officials, such as a program or project administration role typically performed by the contracting agency and necessary to fulfill the duties imposed by Title 23 of the United States Code, other federal and state laws, and applicable regulations. Other services can include supervising construction including serving as single point of contact, developing and maintaining project document tracking system, establishing project internal communication protocol, performing document control and implementing a quality assurance program.

Management support roles may include, but are not limited to, providing oversight of an element of a highway program, function, or service on behalf of the contracting agency or may involve managing or providing oversight of a project, series of projects, or the work of other consultants and contractors on behalf of the contracting agency. Contracting agency written policies and procedures as specified in 23 CFR 172.5(c) may further define allowable management roles and services a consultant may provide, specific approval responsibilities, and associated controls necessary to ensure compliance with federal requirements.

The LPA may retain a qualified CMSR on its staff in professional capacities for Federal-aid projects such as:
• A City Engineer (or equivalent) who manages the engineering unit for the city, providing oversight of a project, series of projects, managing or directing work of other consultants or contractors on behalf of the city.
• A County Engineer (or equivalent) who manages the engineering unit for the county such as duties described above.
• A Project Manager (or equivalent) who manages and oversees a project, series of projects, or the work of other consultants and contractors on behalf of the public agency. • A Program Manager (or equivalent) who manages and oversees an element of a highway program, function, or service on behalf of the public agency.

However, typically a CMSR is not:
• A consultant engineer performing project-specific design, and/or construction contract administration and construction engineering for the public agency. • A consultant providing support to administrative duties such as federal authorization process, labor compliance activities, and other management and administrative tasks.

The use of a CMSR should be limited to unique or very unusual situations. These situations require a thorough justification as to why the LPA cannot perform the management. Consultants used in management support roles must be selected using the same procedures as those for other consultants specified in this chapter. CMSR contracts with local/state funding only do not require FHWA approval. However, if the CMSR is not approved, the CMSR may not be used as a local/state match on another activity when the CMSR provides services on a Federal-aid project (i.e., soft match).

Eligibility for federal reimbursement for a CMSR requires the following:
• Compliance with the selection procedures specified in this chapter; EXHIBIT 1
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• Existence of a contract between the LPA and the consultant specifying the LPA engineering services to be performed;
• Written designation by the LPA of the responsibilities and authority of the consultant as an agency engineer;
• For a Federal-aid project, completion of Exhibit 10-T: Conflict of Interest & Confidentiality Statement by all panel members (both consultants and employees) prior to participating in the A&E Selection Panel pertaining to the specific selection process and the firms being considered;
• Selection of consultants for A&E management positions must be by the use of qualification-based selection procedures on an open and competitive basis resulting in a contract with defined beginning and ending dates not to exceed five (5) years; • For a Federal-aid project, the LPA’s CMSR must not:
o Participate in, or exercise authority over the A&E selection process, if that consultant’s firm is one of the proposing firms, or subconsultant to a proposing firm;
o Participate in, or exercise authority over management of work performed by the consultant’s firm, or to a consultant’s firm of which the LPA consultant firm is a subconsultant. This would include, but not be limited to, managing or directing the work, approving changes in the schedule, scope, or deliverables, and approving invoices.
o Apply for or receive reimbursement of Federal-aid funds for the LPA’s Federalaid project if either of the foregoing has occurred. However, reimbursement for the construction contract portion of the project will still be allowed provided all other Federal-aid requirements have been met.
o Where benefiting more than a single Federal-aid project, allocability of consultant contract costs for services related to a management support role must be distributed consistent with the cost principles applicable to the contracting agency in 23 CFR 172.7(b)(5).

If engineering services for a project are within the scope of the services described in the retained consultant’s contract, these services may be performed by the person or firm designated as an agency engineer. If the services are not within the scope, eligibility for federal reimbursement for these services require a new consultant contract to be developed using the selection procedures in this chapter. Retained consultants involved in the preparation of the RFP or RFQ must not be considered in the selection of consultants for the resulting project specific work.

When a CMSR is procured with Federal-aid funds, the LPA (subgrantee) must fully comply with the following:
• Subparagraphs of 2 CFR 200.318 maintain a contract administration system and maintain a written code of standards. No employee, officer, or agent of the subgrantee must participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. • Subparagraph of 23 CFR 172.7(b) requires that the LPA must receive approval of the CMSR from FHWA.

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• Liability insurance should normally be required from the consultant (errors and omissions, etc.).

For federally-funded projects, LPAs that solicit to hire A&E consultant(s) in a management support role must obtain FHWA approval prior to contract execution. In order for a contract for a CMSR to be federally eligible, the following are required prior to contract execution:
• The LPA must submit a request for approval via email, the Scope of Work (SOW) and Conflict of Interest (COI) Policy to the A&E Oversight Branch at HQ Division of Local Assistance (HQ DLA) at [email protected], prior to contract advertisement. • Once the LPA receives FHWA’s written response, the LPA may need to revise the documents reflecting FHWA’s opinions and can proceed with the RFQ. • Before award, the LPA must submit the completed Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement to the A&E Oversight Branch at HQ DLA at [email protected]. LPA will receive FHWA’s approved Exhibit 10-U via email. FHWA approval required prior to award of consultant contract.

Figure 10-2: Consultant in a Management Support Role Flowchart EXHIBIT 1
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Construction Engineering Services
Under Federal-aid regulations and state policy, the primary responsibility for general supervision of construction must remain with the LPA. The LPA must also ensure that the work is performed in accordance with the approved plans and specifications, by employing or retaining as a consultant a registered engineer for construction engineering services on the project.

All construction engineering activities performed by a consultant must be under the overall supervision of a full-time employee of the agency who is in responsible charge. These activities may include preparation of contract change orders, construction surveys, foundation investigations, measurement, and computation of quantities, testing of construction materials, checking of shop drawings, preparation of estimates, reports, and other inspection activities necessary to ensure that the construction is being performed in accordance with the plans and specifications. The construction engineering consultant’s contract defines the relative authorities and responsibilities of the full-time employee of the LPA in charge of the project and the consultant’s construction engineering staff.

If a technical inspection consultant is to provide professional assistance to the LPA, a formal consultant contract must be executed which follows this chapter’s requirements. The contract must provide for reviews at appropriate stages during performance of the work to determine if any changes or other actions are warranted; these reviews are to be made by the LPA.

10.1.10 Program Management
According to 23 CFR 172.5, LPAs are required to adopt written policies and procedures prescribed by Caltrans. As such, the LPA must adopt LAPM Chapter 10: Consultant Selection, which contain the A&E policies and procedures.

To meet this requirement, LPAs are required to email and provide one of the following documents to the A&E Oversight Branch at DLA Office of Guidance and Oversight (OGO) at [email protected]:

1. A Board Resolution showing that the LPA is adopting Caltrans LAPM Chapter 10; OR

2. An official letter signed by the LPA’s Public Works Director or equivalent manager addressed to the DLA OGO Office Chief, stating that the agency is adopting Caltrans LAPM Chapter 10
The DLA Consultant Selection and Procurement website includes an example of the adoption resolution and letter. These examples are for reference only; the appropriate language to be used is determined by the individual agency.

LPAs are responsible for providing all resources necessary for the procurement, management, and administration of A&E consultant contracts including subcontracts. Ensuring consultant costs billed are allowable in accordance with the federal cost principles and consistent with the contract terms as well as the acceptability and progress of the consultant's work; • Monitoring the consultant's work and compliance with the terms, conditions, and specifications of the contract;
• Preparing a consultant's performance evaluation when services are completed and using such performance data in future evaluation and ranking of consultant to provide similar services;
• Closing-out a contract;
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• Retaining supporting programmatic and contract records, as specified in 2 CFR 200.334 and the requirements of this part;
• Determining the extent to which the consultant, which is responsible for the professional quality, technical accuracy, and coordination of services, may be reasonably liable for costs resulting from errors and omissions in the work furnished under its contract; • Assessing administrative, contractual, or legal remedies in instances where consultants violate or breach contract terms and conditions, and providing for such sanctions and penalties as may be appropriate; and
• Resolving disputes in the procurement, management, and administration of engineering and design related consultant services.

10.1.11 References
2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirement, and Audit Requirements for Federal Awards
https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 2 CFR Part 215 Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations https://www.govinfo.gov/app/details/CFR-2013-title2-vol1/CFR-2013-title2-vol1-part215/context 23 U.S.C.112 Letting of Contracts
https://www.govinfo.gov/app/details/USCODE-2021-title23/USCODE-2021-title23-chap1- sec112/context
23 CFR Part 172 Procurement, Management, and Administration of Engineering and Design Related Services
https://www.ecfr.gov/current/title-23/chapter-I/subchapter-B/part-172 40 U.S.C. Chapter 11 Brooks Act
https://www.govinfo.gov/app/details/USCODE-2021-title40/USCODE-2021-title40-subtitleIchap11/context 41 CFR Public Contracts and Property Management
http://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title41/41tab_02.tpl 41 U.S.C. Public Contracts
https://www.govinfo.gov/app/details/USCODE-2020-title41/context 48 CFR Part 15 – Contract By Negotiation
https://www.ecfr.gov/current/title-48/chapter-1/subchapter-C/part-15 48 CFR Part 31 – Contract Cost Principles and Procedures https://www.ecfr.gov/current/title-48/chapter-1/subchapter-E/part-31 48 CFR Part 16 – Types of Contracts
https://www.ecfr.gov/current/title-48/chapter-1/subchapter-C/part-16 48 CFR 27, Subpart 27.3 – Patent Rights under Government Contracts https://www.ecfr.gov/current/title-48/chapter-1/subchapter-E/part-27/subpart-27.3 48 CFR 31.201-3 – Determining Reasonableness
https://www.ecfr.gov/current/title-48/chapter-1/subchapter-E/part-31/subpart-31.2/section-31.201-3 EXHIBIT 1
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48 CFR, Chapter 99 - Cost Accounting Standards Board, Office of Federal Procurement Policy, Office of Management and Budget
https://www.ecfr.gov/current/title-48/chapter-99
49 CFR Part 26 Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs
https://www.ecfr.gov/current/title-49/subtitle-A/part-26 American Association of State Highway and Transportation Officials (AASHTO) Uniform Audit and Accounting Guide
https://transportation.org/audit/
Caltrans Division of Procurement and Contracts Website
http://www.dot.ca.gov/dpac/index.html
California Labor Code, Section 1775
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=1775 California Government Code Sections 4525 through 4529.5 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=1.& part=&chapter=10.&article=
California Government Code Sections 4529.10 through 4529.20 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=5.&title=1.& part=&chapter=10.1.&article=
Government Auditing Standards (GAS) issued by the United States Government Accountability Office
http://www.gao.gov/yellowbook/overview
Standard Environmental Reference (SER)
http://www.dot.ca.gov/ser/
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10.2 STATE-ONLY FUNDED A&E CONTRACTS

10.2.1 General
LPAs are required to follow all applicable local and state regulations including those listed in LAPM Chapter 10 in accordance with their State Master Agreement. Although the requirements listed in this section are minimum requirements, the LPA must use good engineering judgment and best practices to document their processes and procedures when procuring A&E contracts utilizing qualifications-based selections. LPAs using local funds to procure an A&E Consultant on a state-only funded project and will not seek state reimbursement for consultant cost may choose not to follow the selection and contracting procedures detailed in Section 10.2: StateOnly Funded A&E Contracts of this chapter.

All consultants must comply with 48 CFR 31: Contract Cost Principles and Procedures. Also, consultants and LPAs must comply with 2 CFR 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, excluding sections 200.318-200.326 Procurement Standards.

Agency state-only funded (SOF) agreements must contain the required federal fiscal provisions from 2 CFR 200 in all Division of Local Assistance funded agreements. Exhibit 10-R: A&E Boilerplate Agreement Language contains 2 CFR 200 requirements and may also be used in SOF agreements. Depending upon the scope of work, the required contract provisions may need to include the California State Prevailing Wages.

All proposed A&E contracts and supporting documents (including state-only funded) are subject to audit or review by Caltrans’ Independent Office of Independent Office of Audits and Investigations (IOAI), other state audit organizations, or the federal government and required to follow Section 10.1.3 A&E Consultant Audit and Review Process.

CMSR contracts with local/state funding only do not require FHWA approval. However, if they are not approved, they may not be used as a local/state match on another activity when the CMSR provides services on a Federal-aid project (i.e., soft match). Refer to Section 10.1.9 Retaining a Consultant in a Management Support Role (CMSR).

DBE contract goals are not required for state-only funded contracts.

This guidance is for contracts utilizing state funds only. If any federal funds are added or reimbursed, the federal process must be followed.

Non-A&E consultant contracts reference Section 10.3: Non-A&E Contracts.

Reference: California Government Code Title 1, Division 5, Chapter 10, Contracts with Private Architects, Engineering, Land Surveying, and Construction Project Management Firms §4525-4529.5.

10.2.2 Definition of A&E
Architectural, landscape architectural, engineering, environmental, and land surveying services includes those professional services of an architectural, landscape architectural, engineering, environmental, or land surveying nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.

Construction project management means those services provided by a licensed architect, registered engineer, or licensed general contractor. Any individual or firm proposing to provide construction project management services must provide evidence that the individual or firm and its personnel carrying out onsite responsibilities have expertise and experience in construction EXHIBIT 1
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project design review and evaluation, construction mobilization and supervision, bid evaluation, project scheduling, cost-benefit analysis, claims review and negotiation, and general management and administration of a construction project.

Environmental services mean those services performed in connection with project development and permit processing in order to comply with federal and state environmental laws.

Reference: California Government Code §4525-4529.5 and 4529.10-4529.20

10.2.3 Minimum Audit Requirements
A. Written Procedures
LPAs must follow the minimum requirements listed below in addition to any local laws and regulations.

California Government Code §4526
B. Conflict of Interest
The LPA must develop and maintain a written code of conduct governing the performance of its employees engaged in the award and administration of state-funded contracts, including the prevention of conflicts of interest.

California Government Code §4526, §1090, §4529.12
C. Records
LPAs must keep adequate records of all contracts including the procurement, project management, accounting, and financial administration.

California Government Code §4529.14, §4006
D. Full & Open Competition
All A&E contracts must be procured through a qualifications-based selection utilizing open and fair competition. Evaluate at least three consultants using published evaluation criteria and rank these firms in order of preference. If less than three consultants are evaluated, provide justification for agency file.

California Government Code §4526, §4527, §4529.12
E. Selection Basis
Selection of a firm must be based on qualifications and the order of ranked preference.

California Government Code §4526, §4527
F. Publication
Solicitations for A&E contracts must be in a manner that is open and competitive.

California Government Code §4527
G. Solicitation
The solicitations must include published evaluation criteria to rank in order of preference.

Clearly define expectations in the solicitation in order to evaluate firms.

California Government Code §4527
H. Cost Comparison
An independent cost comparison to the consultant’s cost proposal must be done in order to ensure the contract is negotiated at a fair and reasonable price.

California Government Code §4528
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I. Negotiations
Negotiations must be documented to verify a fair and reasonable contract has been executed using public funds.

California Government Code §4528
J. Audit and Review Process
A&E contracts procured by public agencies must be subject to standard accounting practices and may require financial and performance audits. All LPAs must follow the Audit and Review Process as stated in Section 10.1.3: A&E Consultant Audit and Review Process.

California Government Code §4529.14, 2 CFR 200
K. A&E Consultant Contract Form
The A&E Consultant Contract form must be completed and submitted in the A&E Consultant Contract database at https://dla.dot.ca.gov/fmi/webd/AE%20Consultant%20Contract%20Form (Firefox or Chrome browser) prior to contract award, or after contract award but no later than the first invoice for all new state-only funded A&E consultant contracts.

If there are any changes requiring an amendment to the contract after submittal of the A&E Consultant Contract form, the LPA must submit an updated form to the A&E Consultant Contract database prior to the first invoice after the contract has been amended. Submission of the A&E Consultant Contract form is not required for non-A&E consultant contracts.

10.2.4 References
California Government Code Section1090
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=1090.

California Government Code Section 4006
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=4006.

California Government Code Section 4525
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=4525.

California Government Code Section 4526
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=4526.

California Government Code Section 4527
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=4527.

California Government Code Section 4528
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=4528.

California Government Code Section 4529.5
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum =4529.5.

California Government Code Section 4529.12
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum =4529.12.

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California Government Code Section 4529.14
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum =4529.14.

California Government Code Section 4529.20
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum =4529.20.

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10.3 NON-A&E CONTRACTS
Scope
This section covers the procurement requirements for the services that are not included in Section 10.1 Federally-Funded A&E Contracts and Section 10.2 State-Only Funded A&E Contracts. This guidance is for contracts utilizing Federal-aid funds and state funds. Federal regulations refer to state and local regulations for non-A&E type contracts. Although LPAs are required to follow 2 CFR 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards for all contracts, the Procurement Standards section 200.318- 200.326 is exempt. The guidance in this section follows the established regulations in the California Public Contract Code (PCC). Depending upon the scope of work, the required contract provisions may need to include the California State Prevailing Wages.

LPA must designate one person within the LPA as a contract manager. A contract manager must be a full-time, public employee of the contracting agency. The contract manager must have knowledge of legal and contractual arrangements (PCC 10348.5).

LPAs using local funds to procure non-A&E consultants on a Federal-aid funded or state-only funded project and will not seek federal or state reimbursement for consultant costs may choose not to follow the selection and contracting procedures detailed in Section 10.3: Non-A&E Contracts of this chapter.

Determining Non-A&E
After identifying that there is a need for consulting services, the LPA must determine that the services needed are more of a technical nature and involve minimal professional judgement and that requiring a cost proposal would be in the public’s best interest. These types of consultant services that are not directly related to a highway construction project or that are not included in the definition of engineering and design-related services are considered non-A&E. The services must not be included in Section 10.1.1: Definition of Architectural and Engineering Consultant and 10.2.2: Definition of A&E.

The determining factor is whether the services being procured are related to a specific construction project and whether the services require work to be performed, provided by, or under the direction of a registered engineer or architect.

Example of Determining Non-A&E
Material testing has been requested to ensure quality assurance on a construction project. The service includes only performing the material test and providing material test data. Although the service is related to a construction project, the overall service did not provide an evaluation or a discipline report. In this example, the LPA can determine that the service provided is more of a technical nature and is therefore a non-A&E service.

The following is a list of the more common non-A&E services:
• Right-of-Way Appraisal
• Right-of Way acquisition activities
• Conducting public outreach during environmental clearance or construction • Active Transportation Program educational and outreach activities • Intelligent Transportation System (ITS)
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• Non-Infrastructure
• Local Roadway Safety Plan (LRSP) associated with Highway Safety Improvement Program (HSIP)-funded projects
• Traffic Counts
• Speed Surveys
Intelligent Transportation System (ITS) Projects
Intelligent Transportation System (ITS) means electronic, communications, or information processing used singly or in combination to improve the efficiency or safety of a surface transportation system. ITS projects are those that in whole or in part, fund the acquisition of technologies or systems of technologies that provide significant contributions to the provision of one or more ITS user services as defined in the National ITS Architecture.

The Federal-aid procurement regulations identify three possible contract procurement procedures for ITS projects including engineering and design related services (A&E), construction, and non-engineering/non-architectural (non-A&E).

If ITS projects include physical installation of field devices and/or communications infrastructure, such as new traffic signals, new controller cabinets, changeable message signs, radio and computers, vehicle detectors, and conduits for cabling in the roadway, then that work and required equipment usually meets the definition of construction. The construction contract must be procured based on competitive bidding. If the ITS project involves software development, system integration, hiring engineers, and specialists for ITS design and installation support, inspection, design documentation, training and deployment, it may be considered an engineering and design services contract and the contract must be procured as an A&E consultant contract. If the scope of work is unclear as to whether it is an A&E type of work, contact [email protected] for assistance.

However, if an ITS project does not meet either the definition of construction or engineering and design services, then the contract may be considered to be a non-A&E consultant contract.

Examples of non-A&E consultant contracts are:
• The procurement of hardware and software associated with incident management system;
• Software systems for arterial and freeway management systems; • Operating the 511 traveler information service;
• Nonprofessional services for system support such as independent validation and verification, testing and specification development;
For more information regarding Intelligent Transportation Systems (ITS) Program procurement requirements, refer to LAPG Chapter 13: Intelligent Transportation Systems (ITS) Program.

Non-Infrastructure Projects
Non-infrastructure (NI) projects are those transportation-related projects that do not involve either engineering design, Right-of-Way acquisition (for additional guidance refer to LAPM Chapter 13: Right of Way), or the eventual physical construction of transportation facilities.

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Procurement of non-A&E consultant contracts associated with non-infrastructure projects must follow Non-A&E procurement procedures described in this chapter. For more information on NI projects, refer to LAPM Chapter 3: Project Authorization.

Governing Regulations and Codes for Non-A&E
When procuring non-A&E services with Federal-aid funds, LPAs must comply with 2 CFR 200:

Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, excluding sections 200.318-200.326 Procurement Standards. LPAs must follow the same policies and procedures that the State uses for procurement with its non-federal funds.

When procuring non-A&E services with Federal-aid and state-only funds, the governing procurement code is California Public Contract Code 10335-10381.

Procurement of Non-A&E Consultant Contracts
All non-A&E procurements contracts must be conducted in a manner providing full and open competition consistent with federal and state standards. LPA must meet the code of conduct governing the performance of its employees engaged in the award and administration of Federal-aid and state-funded contracts, including the preventions of conflict of interest in PCC 10410.

The following are the fundamental rules when procuring a non-A&E consultant contract.

1. The request for proposal (RFP) must not limit the competition directly or indirectly to any one consultant. The RFP must be publicized, and all evaluation factors and their relative importance identified (PCC 10339).

2. Splitting a single transaction into a series of transactions for the purpose of evading the procurement requirements is not allowed (PCC 10329).

3. LPA must secure at least three competitive proposals for each contract (PCC 10340).

When receiving less than three proposals, refer to the Cost-Effective/Public Interest Finding in this section as an alternative to re-advertisement.

4. No proposals must be considered which have not been received at the place, and prior to the closing time as stated in the RFP (PCC 10344(a)).

5. LPA must have a written procedure for evaluating proposals (PCC 10344).

RFP Basic Requirements
There are two general types of consulting service contract solicitations:

A. Request for Proposal using Cost only
B. Request for Proposal using Cost and Qualifications
The LPA must include the following in the request for proposal:

A. A clear, precise description of the work to be performed or services to be provided.

B. Description of the format that proposals must follow and the elements they must contain.

C. The standards the agency will use in evaluating proposals. This includes qualifications and certifications if applicable.

D. The date the proposals are due.

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E. The procurement schedule that the LPA will follow in reviewing and evaluating the proposals.
(PCC 10344)
Additional Requirements and Evaluation Criteria
Additional Requirements for Request for Proposal using Cost only A. LPA must require consultants to submit their proposals and cost in a separate, sealed envelope.

B. LPA must determine those that meet the format requirements and the standards specified in the request for proposal.

C. The sealed envelopes containing the price and cost information for those proposals that meet the format requirements and standards must then be publicly opened and read.

D. Contract must be awarded to the lowest responsible consultant meeting the standards. (PCC 10344(b))
Additional Requirements for Request for Proposal using Cost and Qualifications A. LPA must include in the proposal the description of the evaluation and scoring method.

Substantial weight in relationship to all other criteria utilized must be given to the cost amount proposed by the consultant.

B. LPA must determine those that meet the format requirements specified in the RFP.

C. LPA evaluation committee must evaluate and score the proposals using the methods specified in the RFP. All evaluation and scoring sheets must be available for public inspection after the committee scoring process. Evaluation committee should comply to the prevention of conflict of interest in PCC 10410.

D. The non-A&E contract must be awarded to the consultant whose proposal is given the highest score by the evaluation committee.
(PCC 10344(c))
When using RFP (Cost and Qualifications), the criteria used to evaluate the consultant’s proposals must have a logical foundation within the scope of work or within other technical requirements contained in the RFP. Each criterion must have a weight or level of importance, and it is recommended that total possible score for the evaluation criteria be one hundred (100) points. The proposed cost should be at least thirty percent (30%) of total points in evaluation criteria.

An example RFP for non-A&E is provided on the DLA Consultant Selection and Procurement website and may be modified.

Submission of the A&E Consultant Contract form is not required for non-A&E consultant contracts.

Consultant’s Proposal
The consultant’s proposal should include the following information:
• Consultant Project Manager – qualifications, roles, and responsibilities.

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Item 7.2
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Consultant Selection

January 2026
• Methodology - description of work and overall approach, specific techniques that will be used and specific administrative and operations expertise to be used. • Workplan and Work Schedule - the technical proposal should include activities and tasks, and their delivery schedule.
• Personnel - List of personnel who will be working on the project, and their resumes. • Facilities and resources (If applicable) - Explanation of where the services will be provided and what type of equipment is needed to perform services. • Subcontracts - Identify all subcontracts that are to be used, description of each, and the work by each subconsultant/subcontractor. No work must be subcontracted unless listed in the technical proposal. Subconsultant resumes should be provided. • References - The technical proposal should provide at least three (3) clients for whom the proposer has performed work of similar nature to the request.

Cost Proposal Worksheet
The RFP should provide a standard format for cost proposal that all proposers must include in their proposal. The cost proposal format can be broken down by specific tasks, showing hourly labor rates, level of effort and material, and/or by milestones and deliverables.

LPA is not required to award a contract if it is determined that the contract price is not reasonable (PCC 10344(d)).

DBE Consideration
DBE consideration is required on all Federal-aid funded contracts including non-A&E.

Administrative Requirements
Advertisement for RFPs may be through the LPA website, local publications, and national publications. Minimum solicitation time is 14 calendar days. The solicitation should inform potential qualified consultants that questions must be submitted in writing to the Agency Contract Manager/Administrator by a specified date and time. All pertinent technical information and answers to consultant’s questions must be provided to all potential consultants. Written responses to all questions will be collectively compiled and provided as an addendum.

A proposal may be considered nonresponsive and rejected without evaluation if all required information is not provided. Proposals without information regarding, or not meeting, the required DBE utilization goal or without a Good Faith Effort documentation (see Exhibit 15-H:

Proposer/Contractor Good Faith Efforts), late submittals, submittals to the wrong location, or submittals with inadequate copies are considered nonresponsive and must be rejected.

Submittal of additional information after the due date must not be allowed. Documentation of when each proposal was received must be maintained in the project files. Copies of date stamped envelope covers or box tops are recommended.

No consultant who has been awarded a consulting service contract may be awarded a subsequent contract for the services or goods which are required as an end product of the consulting service contract, unless the subcontract is no more than 10 percent of the total monetary value of the consulting services contract. Excludes A&E contracts. (PCC 10365.5)
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Item 7.2
Mountain House Page 84 of 846
Local Assistance Procedures Manual Chapter 10
Consultant Selection

January 2026
Contracts may be modified or amended only if the contracts so provide. Amendments must be requested and executed prior to the termination date of the most recently approved original or amended contract. All records of contract activities must be kept for three years after federal final voucher E-76 or state final voucher for State-Only funds. Costs are reimbursable after state allocation by the California Transportation Commission (CTC) and/or the issuance of the federal E-76. The per diem rate must not exceed the state rate. Contract Managers are responsible for monitoring expenditures on all contracts and verifying categories of work that require prevailing wage. A person in Responsible Charge of contract management is required for all federallyfunded projects.

Oral Presentations Optional
When oral presentations are required by the LPA, the evaluation criteria must include factors/sub-factors and weights used to score the proposers performance at the oral presentation. The evaluation committee will only be able to score each proposer based upon these criteria. The Contract Manager/Administrator should develop a set of questions related to the scope of work or the project to be asked during the evaluation committee question and answer (Q & A) section of the oral presentations. All proposers are asked the same questions for consistency.

The committee must also evaluate reference checks and other information gathered independently. Reference checks must be completed, and other information gathered before the interviews are conducted. If necessary, the results of the reference checks or other information may be discussed with the highest ranked qualified consultants at the interviews.

Cost-Effective / Public Interest Finding
A minimum of three proposals must be evaluated to establish effective competition. Any agency that has received less than three proposals on a contract must document the names and addresses of the firms or individuals it solicited for proposals. Prepare an explanation as to why less than three proposals were received. When only two proposals are received, a justification must be documented to proceed with the procurement. When only one proposal is received, a Non-Competitive process must be justified and a Public Interest Finding (PIF) (Exhibit 12-F:

Cost-Effectiveness/Public Interest Finding/A&E Noncompetitive) must be documented. In either case, the re-advertisement of the RFP should be considered as an option. Retain document as supporting documentation in the contract file.
(PCC 10340(c))
Protest / Appeals / Reinstatement Procedures
Both state and federal regulations require well-defined protest/reinstatement procedures. It is essential that the procedures include a reasonable opportunity for the prospective consultant to present his/her case. The appeals procedures strengthen the process by which the contracting agency reaches its ultimate goal and helps defends its action against a claim of lack of due process. A termination clause and a provision for settlement of contract disputes are required.

Protest procedures and dispute resolution processes should be in accordance with PCC 10345.

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Item 7.2
Mountain House Page 85 of 846
Local Assistance Procedures Manual Chapter 10
Consultant Selection

January 2026

10.4 A&E OVERSIGHT PROGRAM AND PROCESS REVIEW
General
The A&E Oversight Branch is responsible for the oversight of consultant contracts procured by LPAs complying with federal regulations 23 CFR 172 and 23 U.S.C.112, and California Government Code 4525-4529.5.

For locally-administered Federal-aid highway projects, A&E consultant contract oversight reviews will be performed by Caltrans’ Local Assistance A&E Oversight Engineers (A&EOEs).

DLAE staff should participate in the reviews.

Type of Reviews
The purpose of A&E consultant contract oversight reviews is to verify LPA compliance with federal and state consultant contract administration requirements. A risk-based approach has been identified by the A&E Oversight Branch to aid LPAs with compliance that includes requiring LPAs to complete and submit the A&E Consultant Contract form prior to contract award, or after contract award but no later than the first invoice. The objective is to create a database documenting all consultant contracts and to perform process reviews on a sample of contracts for the annual performance measures report.

Although the risk-based approach is the submittal of the A&E Consultant Contract form via the database, a process review may be conducted on projects for reporting purposes and to determine accuracy of the A&E Consultant Contract form information.

A&E Consultant Contract Form Review
The purpose of the A&E Consultant Contract form is to provide oversight and guidance to an LPA regarding consultant contract administration on a federal or state-funded project prior to the award of the contract. The A&E Consultant Contract form includes items considered critical for compliance with federal and state regulations.

Subsequent process reviews may be performed on selected state and/or federal projects requiring a greater degree of oversight if deemed necessary for LPAs with a noncompliance history.

The following factors may be used when selecting projects for subsequent review:
• LPAs with identified deficiencies during an Incurred Cost Audit • Projects administered by agencies with previous sanctions/findings • Lack of experienced/trained LPA personnel
• Request by LPA or DLAE for additional assistance
During subsequent process reviews, the A&EOE will meet with the LPA's consultant contract administration team and discuss project record documentation requirements using the A&E Consultant Contract form. The timing of these types of reviews is targeted for preadvertisement, pre-negotiations, and pre-award of the consultant contract. This will allow for any changes to take place prior to execution or termination of negotiations for re-advertising. The A&EOE will also explain new policies or procedures, discuss available training, and highlight common problem areas and the means to avoid them.

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Item 7.2
Mountain House Page 86 of 846
Local Assistance Procedures Manual Chapter 10
Consultant Selection

January 2026
Review Findings and Deficiencies
Caltrans will not be involved in most project-level reviews and approval activities. Instead, the Process Review as outlined in this section is Caltrans’ primary method of ensuring that federal and state requirements are met. During a Process Review of the LPA’s project files, errors and/or deficiencies that may violate federal or state law or regulation could be found. If that happens, federal and/or state funds may be withdrawn from a project depending on the severity and circumstance of the deficiency, as well as the possibility of jeopardizing future federal and/or state funding opportunities for the agency’s other projects.

It is important to note that the formal process review is not the only method of discovering project deficiencies. Errors or deficiencies are discovered occasionally as part of the normal routine of processing project submittals by DLAEs or DLA Area Engineers.

Review findings from any subsequent reviews will be forwarded to the LPA and the DLAE within five business days. Deficiencies identified during a review may require development of a corrective action plan by the LPA in consultation with the district within 30 calendar days of receipt of the deficiency notification, unless the agency disagrees with the deficiencies identified and appeals the decision as discussed below.

A list of common A&E consultant procurement-related deficiencies is found at the DLA Consultant Selection and Procurement website. These examples, not all-inclusive, should assist LPAs with knowing common deficiencies found in the past and the possible ramifications for those errors and deficiencies. The key to avoiding possible sanctions is to follow the procedures outlined in this chapter and other appropriate policies and guidelines, and if you have any questions, to consult your DLAE.

Corrective action plans, if required, will identify actions the LPA will take to address each deficiency noted. Corrective actions may include the following: Re-advertising, modifications of LPA policies and procedures, and participation in training to address systemic related deficiencies. Project-specific issues may require additional measures to remedy deficiencies to ensure compliance with federal and state requirements and ensure reimbursement eligibility.

Corrective action plans must also include timelines for each action to be implemented. Failure to provide and implement corrective actions may result in sanctions or federal/state ineligibility notices against the project or LPA and could prevent federal or state participation in all or a portion of the project.

In the event the LPA disagrees with the deficiencies identified, the LPA will have 30 calendar days from receipt of the deficiency notification to submit their written request for appeal in accordance with the DLA’s Local Agency Dispute Resolution Process. If the appeal is denied, the LPA will have 30 calendar days from receipt of the decision to submit their corrective action plan.

The Dispute Resolution Process provides a means for the LPA to appeal a sanction that they feel has been imposed upon them unfairly or they feel the penalty is too harsh for the error or deficiency. This appeal process is not limited to just the appeal of sanctions; it can be used by LPAs when they disagree with the decision, they receive from a district office.

EXHIBIT 1
Item 7.2
Mountain House Page 87 of 846
Local Assistance Procedures Manual Chapter 10
Consultant Selection

January 2026
Sanctions
Depending on the severity and circumstances of the deficiencies which may require sanctioning by Caltrans, the DLA or DLAE may impose one of the following sanctions:
• Freeze on all future programming of federal or state funds until corrective action is implemented
• Freeze progress payments for a Federal-aid project until the project’s deficiency is corrected
• Percentage of federal or state funds for a project withdrawn • All federal or state funds withdrawn from a project
The DLAE will be responsible for notifying the LPA of sanctions imposed. Whether or not sanctions are imposed against an LPA, the LPA will be expected to develop a corrective action plan and implement it to correct the deficiencies. LPAs will be given adequate time to develop and implement their action plan. Failure to correct the deficiencies in a timely manner will be grounds for imposing additional sanctions.

EXHIBIT 1
Item 7.2
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TITLE: Authorize the City Manager to Execute a Cooperative Agreement with San Joaquin County for the CMAQ-Funded Town Hall Level 2 Electric Vehicle Charging Station Project
MEETING DATE: April 8, 2026
PREPARED BY: Koosun Kim, PE, Public Works Director

RECOMMENDATION
Staff recommends that the City Council adopt a resolution (Attachment A):

1. Authorizing the City Manager to execute a Cooperative Agreement with San Joaquin County to serve as the sponsoring agency for the CMAQ-funded Town Hall Level 2 Electric Vehicle Charging Station Project.

2. Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.

BACKGROUND
The San Joaquin Council of Governments (SJCOG) administers the Congestion Mitigation and Air Quality Improvement (CMAQ) Program, a federally funded program that supports projects aimed at improving air quality and reducing traffic congestion.

On October 24, 2024, SJCOG released a Call for Projects. On January 10, 2025, City staff submitted a grant application for the Town Hall Level 2 Electric Vehicle Charging Station Project, and on February 12, 2025, the City Council adopted a resolution ratifying that submittal.

The project includes installation of ten Level 2 electric vehicle (EV) charging stations at the Mountain House Town Hall parking lot and City fleet parking area, along with solar carport structures and battery storage systems to support on-site energy generation and resiliency. Level 2 chargers provide moderatespeed charging that is well-suited for locations where vehicles are parked for several hours, such as public facilities and workplaces. This allows users to meaningfully recharge their vehicles during typical visits, while balancing cost and avoiding the significantly higher infrastructure demands associated with fastcharging systems.

This project represents one of the City’s first federally funded transportation capital projects and will expand publicly accessible EV infrastructure while supporting regional and local sustainability goals.

DISCUSSION
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The Town Hall Level 2 Electric Vehicle Charging Station Project is being delivered through the federal Congestion Mitigation and Air Quality (CMAQ) program, administered locally through the San Joaquin Council of Governments (SJCOG) with Caltrans oversight. As a result, the project must follow Caltrans Local Assistance procedures, which include defined phases such as environmental clearance, design, and construction authorization.

The total estimated project cost is $1,550,000. The City is requesting $1,372,215 in CMAQ funding and will provide the required local match of $177,785 (11.47%).

To directly receive and administer CMAQ funds, the City must obtain a Local Agency Code (LoCode) from Caltrans. The City’s LoCode application is currently under review. Until that process is complete, the City is not authorized to independently administer federal transportation funds.

To avoid delay and maintain project momentum, San Joaquin County has agreed to serve as the sponsoring agency. In this role, the County will coordinate with Caltrans to secure funding authorization, process reimbursements, and ensure compliance with federal and state requirements. The proposed Cooperative Agreement (Attachment B) formalizes these roles and responsibilities.

Without this Agreement, the City would need to pause the project until the LoCode is approved, which could delay delivery and risk the timely use of CMAQ funding. Approval of the Agreement allows the project to move forward into the next phase while the LoCode process is finalized.

The CMAQ grant has been awarded, and the project is positioned to move into environmental clearance and design upon approval of the Agreement. The project schedule anticipates completion of preliminary engineering by September 2026 and construction by September 2027. Staff will continue to coordinate with San Joaquin County, SJCOG, and Caltrans and will return to City Council as needed as the project advances.

FISCAL IMPACT
The total estimated project cost is $1,550,000, with $1,372,215 funded through the CMAQ grant and a required City match of $177,785 (11.47%).

CMAQ funding is provided on a reimbursement basis. Under the proposed Cooperative Agreement, San Joaquin County will serve as the sponsoring agency and act as the intermediary with Caltrans to process funding authorizations and reimbursements. As part of this role, the County will incur administrative costs for project oversight and compliance, which will be reimbursed through the project in accordance with the Agreement.

The City will be responsible for fronting eligible project costs and coordinating with the County for reimbursement through the CMAQ program. Staff will manage cash flow and reimbursement timing to ensure compliance with program requirements.

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STRATEGIC PLAN
Approval of the Cooperative Agreement with San Joaquin County supports the City’s Strategic Plan adopted by City Council (Adopted April 9, 2025) through commitment to sustainability and environmental stewardship through the following objectives:
• Expand publicly accessible EV charging infrastructure • Support greenhouse gas reduction and sustainable transportation • Improve regional air quality
CEQA
The project will undergo environmental review in compliance with the California Environmental Quality Act (CEQA) during the preliminary engineering phase. No construction activities will occur until environmental clearance is complete.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Following City Council approval, staff will execute the Cooperative Agreement and coordinate with San Joaquin County and Caltrans to initiate funding authorization. Environmental clearance and design will proceed to position the project for construction.

ATTACHMENTS
Attachment A – Proposed Resolution
• Exhibit 1 – Cooperative Agreement with San Joaquin County for the Town Hall Level 2 Electric Vehicle Charging Station Project
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ATTACHMENT A
RESOLUTION NO. 2026-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE AGREEMENT WITH SAN JOAQUIN COUNTY FOR THE CMAQFUNDED TOWN HALL LEVEL 2 ELECTRIC VEHICLE CHARGING STATION PROJECT WHEREAS, the San Joaquin Council of Governments (SJCOG) administers the Congestion Mitigation and Air Quality Improvement (CMAQ) Program, which provides federal funding for projects that improve air quality and reduce traffic congestion; and WHEREAS, the City of Mountain House submitted a CMAQ grant application to SJCOG for the Town Hall Level 2 Electric Vehicle Charging Station Project; and WHEREAS, the proposed project includes the installation of Level 2 electric vehicle charging stations at the Mountain House Town Hall parking lot and City fleet parking area, along with solar carport structures and battery storage systems to support on-site energy generation and resiliency; and WHEREAS, the project will expand publicly accessible electric vehicle charging infrastructure and support regional goals for greenhouse gas reduction and sustainable transportation; and WHEREAS, the City of Mountain House has applied for a Local Agency Code (LoCode) through the California Department of Transportation (Caltrans) to administer federal and state Local Assistance funding; and
WHEREAS, because the City does not yet have an approved LoCode, San Joaquin County has agreed to serve as the sponsoring agency for purposes of CMAQ funding eligibility and grant administration; and
WHEREAS, the City and County desire to cooperate in defining their respective roles and responsibilities for the planning, environmental clearance, design, bidding, and construction of the Town Hall Level 2 Electric Vehicle Charging Station Project; and WHEREAS, the Cooperative Agreement between the City of Mountain House and the County of San Joaquin outlines the responsibilities of each agency for delivery of the project and coordination with Caltrans for CMAQ funding reimbursement; and
WHEREAS, the City Council finds that executing the Cooperative Agreement will enable the City to proceed with the grant-funded project and implement improvements that support sustainable transportation and improved air quality.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mountain House as follows:

1. The City Council hereby approves the Cooperative Agreement between the City of Mountain House and the County of San Joaquin for the Town Hall Level 2 Electric Vehicle Charging Station Project, attached hereto as Exhibit 1.

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ATTACHMENT A

2. The City Manager is authorized to execute the Cooperative Agreement with San Joaquin County and any related documents necessary to implement the project and secure CMAQ funding.

3. The City Manager and designees are authorized to take all necessary and appropriate actions to carry out the purpose and intent of this Resolution.

PASSED AND ADOPTED by the City Council of the City of Mountain House, California at a meeting thereof held this 8th day of April, 2026, by the following vote, to wit:

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COOPERATIVE AGREEMENT BETWEEN

THE CITY OF MOUNTAIN HOUSE AND THE COUNTY OF SAN JOAQUIN FOR THE TOWN HALL LEVEL 2 ELECTRIC VEHICLE CHARGING STATION PROJECT This Cooperative Agreement (“AGREEMENT”) is made and entered into this ________ day of _________________ 2026 (“EFFECTIVE DATE”), by and between the CITY OF MOUNTAIN HOUSE, a municipal corporation of the State of California ("CITY") and the COUNTY OF SAN JOAQUIN, a political subdivision of the State of California ("COUNTY").

WITNESSETH
WHEREAS, CITY proposes to undertake the Town Hall Level 2 Electric Vehicle Charging Station Project (“Project”), which consists of the design and construction of Level 2 electric vehicle (“EV”) charging stations at the Town Hall Parking Lot, as shown on Exhibit A, attached hereto and incorporated herein; and
WHEREAS, CITY has applied for funding through the Congestion Mitigation and Air Quality Improvement (“CMAQ”) Program; and
WHEREAS, COUNTY has agreed to act as the sponsoring agency as required for CMAQ funding eligibility; and
WHEREAS, COUNTY is willing to assist CITY with grant administration and reimbursement coordination with the California Department of Transportation (“CALTRANS”); and
WHEREAS, CITY and COUNTY desire to cooperate in defining their respective roles and responsibilities for the PROJECT.

NOW, THEREFORE, it is mutually agreed by and between COUNTY and CITY as follows:

MUTUAL COVENANTS

1.1 Scope of Work. The work to be performed includes all activities necessary for the planning, environmental clearance, design, bidding, and construction of the PROJECT.

1.2 Lead Agency. CITY shall serve as the lead agency responsible for PROJECT delivery.

1.3. Ownership of Improvements. The PROJECT site is CITY property, and all completed PROJECT improvements shall remain CITY property.

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CITY COVENANTS

2.1 Design and Construction. CITY shall be responsible for preparation of plans, specifications, and estimates (“PS&E”), advertising, bidding, award of contracts, and construction management.

2.2 Environmental Clearance. CITY shall prepare all required environmental documentation and obtain necessary approvals.

2.3 Project Costs. CITY agrees that COUNTY will include its administrative costs in requests for reimbursement submitted to CALTRANS.

2.4 Funding Documentation. CITY shall prepare and provide COUNTY with documentation necessary for CMAQ funding authorization, obligation of funds, and reimbursement.

2.5 Compliance with Law. CITY warrants that procurement, bidding, and construction activities shall comply with all applicable federal, state, and local laws.

2.6 Reimbursement of COUNTY Costs. CITY shall be responsible for COUNTY administrative and staff costs associated with sponsorship and grant administration to the extent such costs are not reimbursed through CMAQ funding.

2.7 Operations and Maintenance. Upon completion of the PROJECT, CITY shall assume all operations, maintenance, repair, and replacement responsibilities.

2.8 Indemnification. CITY shall defend, indemnify, and hold harmless COUNTY, its officers, officials, employees, and agents from and against any claims, damages, liabilities, and expenses arising out of CITY’s negligent acts, errors, omissions, or willful misconduct under this AGREEMENT, except to the extent caused by COUNTY’s negligent acts or willful misconduct.

COUNTY COVENANTS

3.1 Sponsorship Role. COUNTY shall act as the sponsoring agency for purposes of CMAQ funding eligibility.

3.2 Grant Administration. COUNTY shall assist CITY with funding authorization, obligation of funds, and reimbursement coordination with CALTRANS.

3.3 Reimbursement Processing. COUNTY shall submit reimbursement requests for eligible CITY and COUNTY costs and remit reimbursement payments received to CITY in accordance with applicable CALTRANS procedures.

3.4 Administrative Support. COUNTY may provide contract administration or related Item 7.3
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support services if mutually agreed upon in writing. COUNTY costs shall be reimbursable where permitted by the funding program.

3.5 Additional Funding Assistance. COUNTY may assist CITY in seeking additional funding, if necessary and appropriate.

3.6 Indemnification. COUNTY shall defend, indemnify, and hold harmless CITY, its officers, officials, employees, and agents from and against any claims, damages, liabilities, and expenses arising out of COUNTY’s negligent acts, errors, omissions, or willful misconduct under this Agreement, except to the extent caused by CITY’s negligent acts or willful misconduct.

TERM AND TERMINATION

4.1 Term. This AGREEMENT shall remain in effect until completion of the PROEJCT and final reimbursement of eligible costs.

4.2 Termination. Either Party may terminate this AGREEMENT upon written notice if CMAQ funding is withdrawn, materially reduced, or if the PROJECT is cancelled.

4.3 Survival of Obligations. Termination shall not relieve CITY of responsibility for costs incurred prior to termination.

AUTHORIZATION
Execution of this AGREEMENT has been authorized by Resolution No. ________________ adopted by the San Joaquin County Board of Supervisors on _________________________, 2026, and Resolution No. ________________ adopted by the City Council of the City of Mountain House on ________________________, 2026.

IN WITNESS WHEREOF, the Parties have executed this AGREEMENT as of the EFFECTIVE DATE first written above.

COUNTY OF SAN JOAQUIN,
Political subdivision of the State
of California

CITY OF MOUNTAIN HOUSE,
Municipal Corporation of the
State of California
By__________________________
Sukhminder S. Dhaliwal
Chair, Board of Supervisors
____________________________
Steven J. Pinkerton
City Manger
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ATTEST:

By______________________
Rachel DeBord
Clerk of The Board of Supervisors of the
County of San Joaquin,
______________________________
Margaret Wimberly
City Clerk of the City of Mountain House

APPROVED TO FORM
By_______________________
County Counsel
_________________________
John Bakker
City Attorney
Recommended for Approval:
____________________________
Najee Zarif
Acting Director of Public Works,
San Joaquin County
_________________________
Koosun Kim
Director of Public Works,
City of Mountain House
Item 7.3
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TITLE: Second Reading by Title and Adoption of an Ordinance Amending Title 9 (Development Title) of the Mountain House Municipal Code MEETING DATE: April 8, 2026
PREPARED BY: John B. Anderson, Contract Planner

RECOMMENDATION
Staff recommends that the City Council conduct the second reading by title and adopt an Ordinance amending Title 9 (Development Title) of the Mountain House Municipal Code.

BACKGROUND
Prior to the City’s incorporation on July 1, 2024, Mountain House was under the jurisdiction of San Joaquin County. The County’s 1992 Development Code included “Appendix 1 – Mountain House Development Title,” which served as the foundation for the City’s Development Code when Title 9 (Development Title) of the Mountain House Municipal Code was adopted.

As part of incorporation, the City carried forward this framework as its initial Development Code, which is now being refined to reflect the City’s independent regulatory structure.

Following adoption of Title 9, staff identified inaccuracies, outdated provisions, and internal inconsistencies requiring correction. In coordination with the City Attorney, staff initiated a comprehensive update to improve clarity, modernize standards, and ensure consistency with current State law and adopted local policies.

The Development Code is a primary regulatory tool used by staff to review development proposals and provide guidance to residents, contractors, and the business community. The proposed amendments are intended to improve clarity, eliminate ambiguity, and enhance internal consistency.

At the City Council meeting of March 25, 2026, the City Council held a public hearing and introduced and waived first reading of the proposed Ordinance.

DISCUSSION
The proposed amendments to Title 9 (Development Title) are primarily administrative and corrective in nature.

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The amendments are intended to modernize the Development Code by removing outdated provisions, correcting internal inconsistencies, and aligning regulations with amendments to the Master Plan and Specific Plans adopted over time. Collectively, these updates improve clarity, strengthen internal consistency, and enhance the Code’s overall usability.

While the majority of amendments are administrative and corrective, targeted policy updates are included where necessary to address regulatory gaps and changes in State law.

A significant component of the update is the addition of a new Signs section, addressing a current regulatory gap in the Development Code. The current Development Code does not include comprehensive sign regulations, which has resulted in inconsistent application and limited guidance. The proposed amendments establish standards governing real estate marketing signage, freeway-oriented signage, and electronic signs. Adoption of clear sign regulations is particularly important for a master-planned community such as Mountain House, where signage directly influences community aesthetics and visual character.

The amendments also include updates to Accessory Dwelling Unit (ADU) regulations to better align with current State law, as well as clarifications to Home Occupation permit requirements. Additional refinements to ADU regulations may be brought forward later in 2026 to address recent legislative changes.

The proposed amendments further clarify parking standards and related development provisions to reduce ambiguity and improve administration. Clarifications related to short-term rental activity are also included to establish clear limitations and ensure consistency with the City’s residential character. In addition, targeted refinements to setback standards have been incorporated to improve clarity and consistency in development review.

The proposed ordinance is included as Attachment A. Attachment B includes the amended Title 9 (Development Title) in its entirety.

KEY POLICY ISSUES
Key policy components of the proposed amendments include:
 Removal of outdated or inapplicable provisions carried over from San Joaquin County, including winery-related uses and certain agricultural provisions  Updates to zoning and development standards for clarity and consistency  Clarification of development standards, including parking, setbacks, and permitted uses  Establishment of comprehensive signage regulations
 Updates to Accessory Dwelling Unit (ADU) standards for consistency with State law  Clarifications to Home Occupation regulations
 Clarification of short-term rental limitations to ensure consistency with residential use standards Item 7.4
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 Targeted refinements to setback standards to improve clarity and application  Enhanced public noticing requirements for development applications  Updates to definitions, including clarification of “family”  Administrative corrections, including cross-references and internal consistency

FISCAL IMPACT
There is no direct fiscal impact associated with adoption of the proposed amendments beyond staff and consultant time required for preparation.

STRATEGIC PLAN
Adoption of the amended Development Code supports the City of Mountain House Strategic Plan, adopted April 9, 2025, including the goal to “Adopt an Updated Land Use Code.” CEQA
The proposed amendments are not a project under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(b)(5), as they constitute administrative and organizational activities that will not result in a direct or indirect physical change in the environment.

In the alternative, the amendments are exempt under CEQA Guidelines Section 15061(b)(3), the commonsense exemption, as it can be seen with certainty that the amendments will not result in a significant effect on the environment.

ACTION FOLLOWING CITY COUNCIL APPROVAL
Following City Council approval and adoption the Ordinance:
• Ordinance will become effective 30 days following adoption • City Clerk will arrange publication, posting, and codification

ATTACHMENTS
Attachment A – Proposed Ordinance
Attachment B – Amended Title 9 (Development Title)
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ATTACHMENT A
1 ORDINANCE NO. 2026-XX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOUNTAIN HOUSE COMPREHENSIVELY AMENDING TITLE 9 (DEVELOPMENT TITLE) OF THE MOUNTAIN HOUSE MUNICIPAL CODE WHEREAS, on July 1, 2024, the City of Mountain House incorporated as a general law city; and WHEREAS, by Ordinance No. 2024-018 adopted on September 25, 2024, the City Council adopted Title 9 (Development Title) of the Mountain House Municipal Code, which was based on the San Joaquin County Code provisions that had been previously applicable to the Mountain House area when it was unincorporated; and
WHEREAS, since then, City staff has identified numerous provisions in Title 9 that require amendment to reflect the City’s status as an incorporated municipality, including correcting crossreferences, eliminating provisions applicable only to unincorporated county areas, and revising definitions to reflect current usage; and
WHEREAS, state law changes since adoption of Title 9, particularly relating to accessory dwelling units and sign regulations, necessitate amendments to ensure the City’s regulations comply with current law; and
WHEREAS, the City Council desires to amend Title 9 to conform development standards and regulations to the Mountain House Master Plan and to improve clarity and consistency throughout the Development Title.

NOW, THEREFORE, the City Council of the City of Mountain House does ordain as follows:

SECTION 1. Amendment of Section 9-1-201. Section 9-1-201 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 2. Amendment of Section 9-1-207. Section 9-1-207 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 3. Amendment of Section 9-1-208. Section 9-1-208 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

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2 (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.

SECTION 4. Amendment of Section 9-1-301. Section 9-1-301 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 5. Amendment of Section 9-1-303. Subdivision (j) of Section 9-1-303 of the Mountain House Municipal Code is hereby amended to read as follows:
(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.

SECTION 6. Amendment of Section 9-1-304. Section 9-1-304 (Definitions) of the Mountain House Municipal Code is hereby amended to read as set forth in Exhibit A.

SECTION 7. Amendment of Section 9-2-201. Section 9-2-201 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 8. Amendment of Section 9-2-204. Section 9-2-204 of the Mountain House Municipal Code is hereby amended to read as follows:
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 Item 7.4
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3 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 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; Item 7.4
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4 (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.

SECTION 9. Amendment of Section 9-2-206. Section 9-2-206 of the Mountain House Municipal Code is hereby amended to read as follows:
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; (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.

SECTION 10. Amendment of Section 9-2-208. Subdivision (b) of Section 9-2-208 of the Mountain House Municipal Code is hereby amended to read as follows:
(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 Item 7.4
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5 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.

SECTION 11. Amendment to Section 9-2-311. Section 9-2-311 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 12. Amendment to Section 9-2-408. Subdivision (i) is hereby added to Section 9-2-408 of the Mountain House Municipal Code to read as follows:
(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.

SECTION 13. Amendment to Section 9-2-508. Subdivision (i) is hereby added to Section 9-2-508 of the Mountain House Municipal Code to read as follows:
(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.

SECTION 14. Amendment to Section 9-2-601. Section 9-2-601 of the Mountain House Municipal Code is amended to read as follows:
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.

SECTION 15. Amendment of Section 9-2-706. The heading of Section 9-2-706 of the Mountain House Municipal Code is hereby amended to read as follows:
9-2-706 Action by Planning Commission or City Council.

SECTION 16.

SECTION 17. Amendment of Section 9-2-707. Section 9-2-707 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

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6 SECTION 18. Amendment of Section 9-2-806. Section 9-2-806 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 19. Amendment of Section 9-2-807. Subdivision (a)(1) of Section 9-2-807 of the Mountain House Municipal Code is hereby amended to read as follows:
(1) The City shall consider such ordinance requirements as minimum requirements.

SECTION 20. Amendment to Section 9-2-904. Section 9-2-904 of the Mountain House Municipal Code is amended to read as follows:
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%).

SECTION 21. Amendment of Section 9-2-910. Section 9-2-910 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 22. Amendment of Section 9-2-911. The introductory paragraph of Section 9-2-911 of the Mountain House Municipal Code is hereby amended to read as follows:

The City may use professional services as follows:

SECTION 23. Amendment of Section 9-2-1002. Subdivision (a) of Section 9-2-1002 of the Mountain House Municipal Code is hereby amended to read as follows:
(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 Item 7.4
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7 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.

SECTION 24. Amendment of Section 9-2-1004. Subdivision (d) of Section 9-2-1004 of the Mountain House Municipal Code is hereby amended to read as follows:
(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; SECTION 25. Amendment of Section 9-3-202. Section 9-3-202 of the Mountain House Municipal Code is hereby amended to read as follows:
9-3-202 Permitted Use Types.

Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-3-2.1.

SECTION 26. Amendment of Section 9-3-206. Section 9-3-206 of the Mountain House Municipal Code is hereby amended to read as follows:
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:
(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.

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8 SECTION 27. Addition of Section 9-3-208. Section 9-3-208 of the Mountain House Municipal Code is hereby added to read as follows:
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.

SECTION 28. Amendment of Table 9-3.2.1. Table 9-3.2.1 of the Mountain House Municipal Code is hereby amended as follows:
a. by deleting the row entitled “Group Care, Farm Related”; b. by amending the row entitled “Group Residential” to provide that the use is “Use Permitted Subject to Use Permit” (“-“) in the R-L zone; and
c. by deleting the rows entitled “Wineries and Wine Cellars, Wine Cellar, Off-Site,” and “Wineries and Wine Cellars, Wineries, All Sizes.”
SECTION 29. Amendment of Section 9-3-302. Section 9-3-302 of the Mountain House Municipal Code is hereby amended to read as follows:
9-3-302 Reserved.

SECTION 30. Amendment of Section 9-3-303. Section 9-3-303 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 31. Amendment of Section 9-3-304. Section 9-3-304 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

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9 (b) Affordable Housing. Lot width exceptions for projects providing affordable housing shall be as specified in the Development Title.

SECTION 32. Amendment of Section 9-3-305. Section 9-3-305 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

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10 (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.
(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 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.
(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.

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11 (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. (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.

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12 (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.
(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.

SECTION 33. Amendment of Section 9-3-308. The introductory paragraph of Section 9-3-308 of the Mountain House Municipal Code is hereby amended as follows:

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:

SECTION 34. Deletion of Section 9-3-309. Section 9-3-309 of the Mountain House Municipal Code is hereby deleted.

SECTION 35. Amendment of Table 9-3-3.1 (Lot and Structure Standards). Table 9-3-3.1 of the Mountain House Municipal Code is hereby amended to read as follows:

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ATTACHMENT A
13 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)
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 REQUIREMENTS2
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-ofway width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.

SECTION 36. Amendment of Table 9-3-3.2 (Lot and Structure Standards for Specific Plan III Area). Table 9-3-3.2 of the Mountain House Municipal Code is hereby amended to read as follows:

TABLE 9-3-3.2 LOT AND STRUCTURE STANDARDS FOR SPECIFIC PLAN III AREA

R-VL R-L R-M R-M
small
lot 1

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 5
9 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 8
10 10 20
Max. Building Coverage2 35% 40%5 50% N/A6 65% 65%
Max. Building Height (Stories)2 2 2 2 2
7 3 3
Item 7.4
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ATTACHMENT A
14 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 R-MH 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%
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.

Item 7.4
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ATTACHMENT A
15 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.

SECTION 37. Amendment of Section 9-3-404. Section 9-3-404 of the Mountain House Municipal Code is hereby amended to read as follows:
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.
(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.

Item 7.4
Mountain House Page 115 of 846

ATTACHMENT A
16 (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.

SECTION 38. Amendment of Section 9-3-405. Section 9-3-405 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 39. Amendment of Section 9-3-406. Section 9-3-406 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 40. Amendment of Section 9-3-407. Subdivision (a)(2) of Section 9-3-407 of the Mountain House Municipal Code is hereby amended to read as follows:
(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.

SECTION 41. Amendment of Table 9-3-2.4 (Temporary Uses and Structures in Residential Zones).

Table 9-3-2.4 of the Mountain House Municipal Code is hereby amended by deleting the row entitled “Agricultural Excavation.”
SECTION 42. Amendment of Section 9-4-205. Section 9-4-205 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

Item 7.4
Mountain House Page 116 of 846

ATTACHMENT A
17 (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.
(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.

SECTION 43. Amendment of Table 9-4-2.1. Table 9-4-2.1 of the Mountain House Municipal Code is hereby amended as follows:
a. by deleting the “Group Care, Farm Related” row; and
b. by deleting the rows entitled “Wineries and Wine Cellars,” “Wine Cellar, Off-Site,” and “Wineries, All Sizes.”
SECTION 44. Amendment of Table 9-4-2.2 (Temporary Uses and Structures in Commercial Zones). Table 9-4-2.2 of the Mountain House Municipal Code is hereby amended by deleting the row entitled “Agricultural Excavation.”
SECTION 45. Amendment of Section 9-4-302. Section 9-4-302 of the Mountain House Municipal Code is hereby amended to read as follows:
9-4-302 Reserved.

SECTION 46. Amendment of Section 9-4-307. Section 9-4-307 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 47. Amendment of Table 9-4-3.1. Table 9-4-3.1 of the Mountain House Municipal Code is hereby amended to read as follows.

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
Item 7.4
Mountain House Page 117 of 846

ATTACHMENT A
18 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)
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.

SECTION 48. Amendment of Section 9-5-205. Section 9-5-205 of the Mountain House Municipal Code is hereby amended to read as follows:
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;
(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.

Item 7.4
Mountain House Page 118 of 846

ATTACHMENT A
19 (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.

SECTION 49. Amendment of Section 9-5-208. Section 9-5-208 of the Mountain House Municipal Code is hereby amended to read as follows:
9-5-208 Reserved.

SECTION 50. Amendment of Section 9-5-209. Section 9-5-209 of the Mountain House Municipal Code is hereby amended to read as follows:
9-5-209 Reserved.

SECTION 51. Amendment of Section 9-5-210. The heading of Section 9-5-210 of the Mountain House Municipal Code is hereby amended to read as follows:
9-5-210 Special Use Regulations in the Limited Industrial Zone.

SECTION 52. Amendment of Table 9-5-2.1 (Uses in Industrial Zones). Table 9-5-2.1 of the Mountain House Municipal Code is hereby amended
a. by deleting the row entitled “Group Care, Farm Related”; b. by amending the rows entitled “Liquor Sales, On-Premises, General,” “Liquor Sales, OnPremises, Limited,” and “Liquor Sales, Off-Premises” to provide that the uses are “Use Permitted Subject to Use Permit” (“U“) in the I-L zone; and
c. by deleting the rows entitled “Wineries and Wine Cellars, Wine Cellar, Off-Site,” “Wineries and Wine Cellars, Wineries, Large and Medium,” and “Wineries and Wine Cellars, Boutique and Small.” SECTION 53. Amendment of Table 9-5-2.2 (Temporary Uses and Structures in Industrial Zones).

Table 9-5-2.2 of the Mountain House Municipal Code is hereby amended:
a. by deleting “AX Permitted Subject to Agricultural Excavation Permit” in the Legend; and b. by deleting the row entitled “Agricultural Excavation.” Item 7.4
Mountain House Page 119 of 846

ATTACHMENT A
20 SECTION 54. Amendment of Section 9-5-302. Section 9-5-302 of the Mountain House Municipal Code is hereby amended to read as follows:
9-5-302 Reserved.

SECTION 55. Amendment of Section 9-5-307. Section 9-5-307 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 56. Amendment of Section 9-6-204. The introductory paragraph of Section 9-6-204 of the Mountain House Municipal Code is hereby amended to read as follows:

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:

SECTION 57. Amendment of Section 9-6-206. Section 9-6-206 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

Item 7.4
Mountain House Page 120 of 846

ATTACHMENT A
21 (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.
(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, Item 7.4
Mountain House Page 121 of 846

ATTACHMENT A
22 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.

SECTION 58. Amendment of Section 9-6-207. Section 9-6-207 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 59. Amendment of Table 9-6-2.1 (Uses in Agricultural Zones). Table 9-6-2.1 of the Mountain House Municipal Code is hereby amended as follows:
a. by adding “See categories below” to second column in the row entitled “Farm Employee Housing”;
b. by deleting the row entitled “Group Care, Farm Related”; c. by deleting the rows entitled “Liquor Sales, On-Premises, General,” “Liquor Sales, OnPremises, Limited,” and “Liquor Sales, Off-Premises”; and d. by deleting the rows entitled “Wineries and Wine Cellars, Wine Cellar, Off-Site,” “Wineries and Wine Cellars, Wineries, Large and Medium*,” and “Wineries and Wine Cellars, Boutique and Small.” SECTION 60. Amendment of Table 9-6-2.3 (Temporary Uses and Structures in Agricultural Zones). Table 9-6-2.3 of the Mountain House Municipal Code is hereby amended:
a. by deleting “AX Permitted Subject to Agricultural Excavation Permit” in the Legend; and b. by deleting the row entitled “Agricultural Excavation.” SECTION 61. Amendment of Section 9-6-303. Section 9-6-303 of the Mountain House Municipal Code is hereby amended to read as follows:
9-6-303 Reserved.

SECTION 62. Amendment of Section 9-6-305. Subdivision (b)(1) Section 9-6-305 of the Mountain House Municipal Code is hereby amended to read as follows:
(1) Architectural features, subject to the provisions of Chapter 3 of Division 10; SECTION 63. Amendment of Section 9-7-206. Subdivision (c)(7) of Section 9-7-206 of the Mountain House Municipal Code is hereby amended to read as follows:

Item 7.4
Mountain House Page 122 of 846

ATTACHMENT A
23 (7) Signs shall comply with the regulations for multi-family residential projects contained in Section 9-17-108(b).

SECTION 64. Amendment of Section 9-7-208. Subdivision (d) Section 9-7-208 of the Mountain House Municipal Code is hereby deleted.

SECTION 65. Amendment of Table 9-7-2.1 (Uses in Other Zones). Table 9-7-2.1 of the Mountain House Municipal Code is hereby amended:
a. by deleting the row entitled “Group Care, Farm Related”; b. by deleting the rows entitled “Wineries and Wine Cellars, Wine Cellar, Off-Site,” and “Wineries and Wine Cellars, Wineries, All Sizes.”
SECTION 66. Amendment of Table 9-7-2.3 (Temporary Uses and Structures in Other Zones).

Table 9-7-2.3 of the Mountain House Municipal Code is hereby amended:
a. by deleting “AX Permitted Subject to Agricultural Excavation Permit” in the Legend; and b. by deleting the row entitled “Agricultural Excavation.” SECTION 67. Amendment of Section 9-7-304. The introductory paragraph of Section 9-7-304 of the Mountain House Municipal Code is hereby amended to read as follows:

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).

SECTION 68. Amendment of Section 9-8-203.1. Subdivision (b) of Section 9-8-203.1 of the Mountain House Municipal Code is hereby amended to read as follows:
(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.

SECTION 69. Amendment of Section 9-8-303. Subdivision (b) of Section 9-8-303 of the Mountain House Municipal Code is hereby amended to read as follows:
(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.

SECTION 70. Amendment of Section 9-8-705. Section 9-8-705 of the Mountain House Municipal Code is hereby amended to read as follows:
9-8-705 Reserved.

SECTION 71. Amendment of Section 9-8-802. Subdivision (f) of Section 9-8-802 of the Mountain House Municipal Code is hereby amended to read as follows:
(f) Parking. Providing comprehensive parking plans, consistent with Chapter 4 of Division 10, for specific commercial areas.

Item 7.4
Mountain House Page 123 of 846

ATTACHMENT A
24 SECTION 72. Amendment of Section 9-8-903. Section 9-8-903 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 73. Amendment of Chapter 13 of Division 8 of Title 9 (Accessory Dwelling Units (ADU)).

Chapter 13 of Division 8 of Title 9 of the Mountain House Municipal Code is amended to read as set forth in Exhibit B.

SECTION 74. Repeal of Chapter 14. Chapter 14 of Division 8 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 75. Repeal of Chapter 15. Chapter 15 of Division 8 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 76. Amendment of Chapter 16 of Division 8 of Title 9 (Home Occupation Permit).

Chapter 16 of Division 8 of Title 9 of the Mountain House Municipal Code is amended to read as set forth in Exhibit C.

SECTION 77. Repeal of Chapter 18. Chapter 18 of Division 8 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 78. Amendment of Section 9-8-1902. Subdivision (b)(1) of Section 9-8-1902 of the Mountain House Municipal Code is hereby amended to read as follows:
(1) Will Serve Letters for all public services and utilities from the City and other service providers;
SECTION 79. Amendment of Section 9-8-1903. Subdivision (b) of Section 9-8-1903 of the Mountain House Municipal Code is hereby amended to read as follows:
(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.

SECTION 80. Amendment of Section 9-8-1904. Subdivision (a) of Section 9-8-1904 of the Mountain House Municipal Code is hereby amended to read as follows:
(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; SECTION 81. Amendment of Section 9-8-2002. Section 9-8-2002 of the Mountain House Municipal Code is hereby amended to read as follows:

Item 7.4
Mountain House Page 124 of 846

ATTACHMENT A
25 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.

SECTION 82. Amendment of Section 9-8-2003. Subdivision (b) Section 9-8-2003 of the Mountain House Municipal Code is hereby amended to read as follows:
(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.

SECTION 83. Amendment of Section 9-8-2006. Subdivision (c)(1) of Section 9-8-2006 of the Mountain House Municipal Code is hereby amended to read 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.

SECTION 84. Amendment of Section 9-8-2102. The introductory paragraph of Section 9-8-2102 of the Mountain House Municipal Code is hereby amended to read as follows:
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 City-Initiated 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.

SECTION 85. Amendment of Section 9-8-2304. Section 9-8-2304 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

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ATTACHMENT A
26 SECTION 86. Amendment of Section 9-8-2305. Section 9-8-2305 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 87. Amendment of Section 9-8-2504. Subdivision (b) of Section 9-8-2504 of the Mountain House Municipal Code is hereby amended to read as follows:
(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 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.

SECTION 88. Amendment of Section 9-8-2505. Section 9-8-2505 of the Mountain House Municipal Code is hereby amended to read as follows:
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.

SECTION 89. Addition of Section 9-8-2508. Section 9-8-2508 of the Mountain House Municipal Code is hereby added to read as follows:
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.

SECTION 90. Amendment of Section 9-8-2904. Subdivisions (b)(1) and (e) of Section 9-8-2904 of the Mountain House Municipal Code are hereby amended to read as follows:
(1) Conforms to State and City requirements as to area, improvement and design, and flood water drainage control,
. . .

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ATTACHMENT A
27 (e) Conformity with Other Ordinances. The proposed minor subdivision conforms with all other City ordinances;
SECTION 91. Repeal of Chapter 30. Chapter 30 of Division 8 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 92. Amendment of Section 9-9-209. Subdivision (c) of Section 9-9-209 of the Mountain House Municipal Code is hereby amended to read as follows:
(c) Division of Jurisdiction. No lot or parcel shall be permitted to be divided by a city boundary line;
SECTION 93. Amendment of Section 9-9-302. The heading of Section 9-9-302 of the Mountain House Municipal Code is hereby amended to read as follows:
9-9-302 Preliminary Submittal for City Approval.

SECTION 94. Amendment of Section 9-9-309. Section 9-9-309 of the Mountain House Municipal Code is hereby amended as follows:
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 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.

SECTION 95. Amendment of Section 9-9-321. Section 9-9-321 of the Mountain House Municipal Code is hereby amended to read as follows:
9-9-321 Streets and Highways Being Dedicated.

On each final map, the centerline of each highway, street, or road right-of-way to be dedicated, the total width thereof, the width on each side of the centerline, and the width of the portion to be dedicated shall be shown. Curve data as set forth in Section 9- 9-319 shall also be included as appropriate. The boundary of the map shall be shown along the centerline of any street or highway where such centerline of said street or highway defines a limit of the parcel being subdivided.

SECTION 96. Amendment of Section 9-9-327. Section 9-9-327 of the Mountain House Municipal Code is hereby amended to read as follows:
9-9-327 Amendment of Final Map.

A final map may be amended pursuant to the provisions of Chapter 26 of Division 8.

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ATTACHMENT A
28 SECTION 97. Amendment of Section 9-9-405. Section 9-9-405 of the Mountain House Municipal Code is hereby amended to read as follows:
9-9-405 Deferment of Monuments.

In the event that some of the required interior monuments are to be set subsequent to the filing of the parcel map, the map shall show which monuments, or the furnishing of notes thereon, as required by Section 9-9-404, shall be agreed to be set and/or furnished by the subdivider. Such agreement shall be accompanied by a security per Section 66496 of the Subdivision Map Act. The security shall be released per terms of Section 66497 of the Subdivision Map Act.

SECTION 98. Amendment of Section 9-9-412. Subdivision (b) of Section 9-9-412 of the Mountain House Municipal Code is hereby amended to read as follows:
(b) Original Map. The subdivider shall submit to the City Engineer the original tracing of the map and any duplicates per City requirements, corrected to its final form, and signed by all parties required to execute the statements or certificates on the map.

SECTION 99. Amendment to Table 9-10-2.1. Table 9-10-2.1 (Minimum and Maximum Parking Requirements) of the Mountain House Municipal Code is hereby amended:
a. To add the following rows in the Recreation Subcategory of the Nonresidential category:

Indoor Participant, large
court – basketball, soccer,
etc.

8.0 12.0 Per court, plus

1.0 per 200 sq.
ft. for amenities
and other noncourt areas
Indoor Participant, small
court – badminton,
pickleball, racquetball

2.0 3.0 Per court, plus

1.0 per 200 sq.
ft. for amenities
and other noncourt areas
b. To amend the row entitled “Indoor spectator” in the Recreation Subcategory of the Nonresidential category as follows:

Indoor spectator 5.0 7.0 per 1,000 sq. ft.

SECTION 100. Amendment of Section 9-10-301. Section 9-10-301 of the Mountain House Municipal Code is hereby amended to read as follows:
9-10-301 Intent.

The intent of this Chapter is to establish special requirements for yards within the City, in order to assure light, air, privacy, and open areas appropriate to the use, location, and impact of structures.

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ATTACHMENT A
29 SECTION 101. Amendment of Section 9-10-404. Subdivision (a) of Section 9-10-404 of the Mountain House Municipal Code is hereby amended to read as follows:
(a) On Same or Adjacent Lot. For dwellings, motels, automobile-oriented services, schools, and all uses in the C-N, C-FS, C-C, C-G, I-P, I-L, and M-X Zones, required parking spaces shall be provided on the same lot as the main building(s) or on an adjoining lot or lots zoned for the main use of the property.

SECTION 102. Amendment of Section 9-10-405. Subdivision (g)(2) of Section 9-10-405 of the Mountain House Municipal Code is hereby amended to read as follows:
(2) Alternative Surfacing Materials. At the discretion of the Review Authority, alternative surfacing materials may be used in combination with an asphalt concrete or Portland cement concrete driveway for the following uses:

SECTION 103. Amendment of Chapter 5 of Division 10 of Title 9 (Landscaping Regulations).

Chapter 5 of Division 10 of Title 9 of the Mountain House Municipal Code is amended to read as set forth in Exhibit DExhibit D.

SECTION 104. Amendment of Section 9-10-603. Section 9-10-603 of the Mountain House Municipal Code is hereby amended to add subdivision (g) to read as follows:
(g) Applicability of Design Manuals and Guidelines. Fencing is subject to the Mountain House Single Family Design Manual and the Neighborhood-specific landscape guidelines.

SECTION 105. Amendment of Section 9-10-1002. Subdivision (a) of Section 9-10-1002 of the Mountain House Municipal Code is amended to read as follows:
(a) For single-family dwelling units, up to two (2) dogs and two (2) cats shall be allowed. Additional household pets may be allowed, provided the total combined number of household pets, exclusive of fish or marine life that are confined in an aquarium or pond, in one place of residence shall not exceed four (4).

SECTION 106. Repeal of Chapter 11 of Division 10 (Historic Resource Preservation). Chapter 11 of Division 10 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 107. Repeal of Chapter 12 of Division 10 (Mills Act Contract). Chapter 12 of Division 10 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 108. Amendment of Section 9-10-1303. Subdivision (a) of Section 9-10-1303 of the Mountain House Municipal Code is hereby amended to read as follows:
(a) The Director may request, and shall receive, assistance from other City departments in implementing the Monitoring and Reporting Plan.

SECTION 109. Amendment of Section 9-10-1403. Subdivisions (f) and (k) of Section 9-10-1403 of the Mountain House Municipal Code is hereby amended to read as follows:

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ATTACHMENT A
30 (f) Signs. Signs shall conform to the requirements of Chapter 1 of Division 17, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations.
. . .
(k) Business License. Each Adult Entertainment business shall comply with all applicable laws and regulations, including obtaining a City business license.

SECTION 110. Amendment of Section 9-10-1603. Subdivision (f) of Section 9-10-1603 of the Mountain House Municipal Code is hereby amended to read as follows:
(f) Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Section 9-17-108.

SECTION 111. Amendment of Section 9-10-1604. Subdivision (f) of Section 9-10-1604 of the Mountain House Municipal Code is hereby amended to read as follows:
(f) Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Section 9-17-108.

SECTION 112. Amendment of Section 9-10-1605. Subdivision (f) of Section 9-10-1605 of the Mountain House Municipal Code is hereby amended to read as follows:
(f) Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Section 9-17-108.

SECTION 113. Amendment of Section 9-10-1702. Subdivision (e) of Section 9-10-1702 of the Mountain House Municipal Code is hereby amended to read as follows:
(e) Deleted.

SECTION 114. Amendment of Section 9-10-1704. Subdivision (a) of Section 9-10-1704 of the Mountain House Municipal Code is hereby amended to read as follows:
(a) Unless exempt pursuant to Section 9-10-1705, no person shall provide or permit any entertainment that is open to the public without an entertainment permit issued pursuant to this Chapter.

SECTION 115. Amendment of Section 9-10-1705. Subdivision (t)(2) of Section 9-10-1705 of the Mountain House Municipal Code is hereby amended to read as follows:
(2) Operators of “amusement machines,” regulated under Chapter 3 of Division 1 of Title 6. However, if entertainment, other than the operation of amusement machines, is conducted on such premises, the business shall not, by virtue of this provision, be exempt from the permit requirement of this Chapter; and SECTION 116. Amendment of Section 9-10-1705. Subdivision (c) of Section 9-10-1705 of the Mountain House Municipal Code is hereby amended to read as follows:

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ATTACHMENT A
31 (c) Entertainment lawfully conducted at any City park, building or recreational facility;
SECTION 117. Amendment of Section 9-10-1722. Subdivisions (a)(2) and (a)(7) of Section 9-10- 1722 of the Mountain House Municipal Code are hereby amended to read as follows:
(2) Conditions shall be based on specific and articulable facts reasonably related to insuring the public health, safety and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited City public safety resources and the prevention of public nuisance activities that detract from the peace and quiet of residential neighborhoods. . . .
(7) If complaints have been received regarding operation of the premises, the Director may require the applicant to demonstrate compliance with applicable existing permits prior to issuance of the Entertainment Permit or may issue the permit conditioned upon the applicant obtaining any other necessary permit or approval, including from other county, state, or other jurisdictions as may be applicable.

SECTION 118. Amendment of Section 9-10-1725. Subdivision (b)(9) of Section 9-10-1725 of the Mountain House Municipal Code is hereby amended to read as follows:
(9) The modification has been requested by the applicant and the Director finds the modification is consistent with the provisions of this code and will not constitute a nuisance or an unreasonable burden upon City resources or the surrounding neighborhood.

SECTION 119. Amendment of Section 9-11-103. Subdivisions (a), (j)(2), and (j)(3) of Section 9-11- 103 of the Mountain House Municipal Code are hereby amended to read as follows:
(a) Public Improvements. The developer or subdivider shall grade and improve, or agree to grade and improve, all land dedicated or to be dedicated for public improvements. Improvements and grading shall be designed and constructed to provide for the use of the properties affected and for the public safety and welfare. Design and construction of said grading and improvements shall conform to the approved tentative map or approved development project and the design standards of the agency providing service. The City may require the developer or subdivider to pay an in-lieu fee in the amount of the cost of improvements to construct the required improvements as part of a City construction contract. Unless otherwise specified, all public improvements must be dedicated to the public agency responsible for their maintenance and operation. (j) . . .
. . .
(2) Improvement Participation Agreement. If the Director of Public Works allows any required infrastructure improvements to be deferred to a specific date, as determined by the Director, a deferred improvement participation agreement shall be executed between the developer and the City guaranteeing construction of said improvements. The agreement shall be secured in accordance with Section 9-11- 103(j)(3) herein.

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ATTACHMENT A
32 (3) Agreement Security. Any agreements to install improvements shall be secured in accordance with the provisions of Section 66499 of the Subdivision Map Act. The amount of the security shall be based on a construction cost estimate prepared by the developer’s engineer and approved by the Director of Public Works. Unit costs shall be determined by the Director of Public Works, based on costs for similar work on City Public Works projects. Security for improvements required by this Division shall be provided as follows:

SECTION 120. Amendment of Section 9-11-107. Section 9-11-107 of the Mountain House Municipal Code is hereby amended to read as follows:
9-11-107 Acceptance and Maintenance of Public Facilities.

For those public facilities to be operated and maintained by the City, the City will not accept the responsibility of maintenance of public improvements until final completion and acceptance of all items. Acceptance by the City will be by the City Council upon recommendation from the Director of Public Works.

SECTION 121. Amendment of Section 9-11-401. Section 9-11-401 of the Mountain House Municipal Code is hereby amended to read as follows:
9-11-401 Intent.

The intent of this Chapter is to specify the requirements for performing work within City rights-of-way.

SECTION 122. Amendment of Section 9-11-402. Subdivision (c) of Section 9-11-402 of the Mountain House Municipal Code is hereby amended to read as follows:
(c) Liability of City. Nothing in this chapter shall be construed to enlarge the liability of the City for any excavation or work or for damages to the public or otherwise resulting therefrom, and every permit and bond issued under this chapter shall provide that the City and its officers and employees shall be held harmless on account of any damage or injury to the public or otherwise resulting from the excavation or other work.

SECTION 123. Amendment of Section 9-11-403. Section 9-11-403 of the Mountain House Municipal Code is hereby amended to read as follows:
9-11-403 Highway Drainage.
(a) Irrigation Drainage. No person shall drain irrigation water, or permit irrigation water to be drained, from his lands onto any City highway by any means. (b) Obstructions. No person shall obstruct any natural watercourse so as to:
(1) Prevent, impede, or restrict the natural flow of waters from any City highway into and through the watercourse, unless other adequate and proper drainage is provided.
(2) Cause waters to be impounded within any City highway. (3) Cause interference with, or damage or hazard to, public travel. (c) Water Storage. No person shall store or distribute water for any purpose so as to permit it to overflow onto, to saturate by seepage, or to obstruct any City highway. (d) Acts Requiring Permit. No person without a permit shall cause or permit the following:

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ATTACHMENT A
33 (1) Maintain or, if already existing, continue to maintain any obstruction of any drainage facility lying partly or wholly within, across, under, or above any City highway. (2) Permit to be deposited in any drainage facility in any City highway any material or substance, including dirt, soil, weeds, trash, rocks, or any other substance which would tend to impede the drainage of water.
(3) Alter, construct, obstruct, constrict, or enlarge any drainage facility within any City road right-of-way by increasing or decreasing the amount, extent, nature, or direction of flow of water along any drainage facility. (4) Decrease or increase, enlarge or construct, heighten or deepen, or in any other fashion change the drainage facilities on private property or public property facilities on private property or public property adjacent to any drainage facility along or across any City highway so as to prevent the natural or ordinary drainage of waters along the highway or so as to place an extraordinary burden on the capacity of any drainage facilities along any City highway.

SECTION 124. Amendment of Section 9-11-404. Subdivisions (b)(1), (c), (g), (h), and (i) of Section 9-11-404 of the Mountain House Municipal Code are hereby amended to read as follows:
(b). . .
(1) If any encroachment exists in, under, or over any City highway, road, or land, the Director of Public Works may require the removal of the encroachment in the manner provided hereinafter.
. . .
(c) Removal of Encroachment. The Director of Public Works may immediately remove from any City highway any encroachment which:
. . .
(g) Procedures Not Exclusive. Procedure provided in this chapter is not exclusive and shall not prohibit the Director of Public Works or other City officers and departments from exercising any other remedy provided by law to prevent damage to or protect any City highway or to collect the damages therefrom.
(h) Violation: Penalties. In case of violations, appropriate procedures may be taken for the abatement, removal and restraint of any actions taken in violation of the provisions. Penalties shall be as specified in Chapter 2 of Division 19, with the correction period reduced to five (5) days.
(i) Liability of City. This chapter shall not be construed to impose on the City any liability or responsibility for damage resulting from drainage obstruction, nor shall the City or any City official or employee be held to assume any such liability or responsibility by reason of any inspection authorized under this chapter, by reason of any failure to make the inspection, or by the granting or denial of any permit.

SECTION 125. Amendment of Section 9-11-405. Section 9-11-405 of the Mountain House Municipal Code is hereby amended to read as follows:
9-11-405 Driveways.

It is unlawful to build or thereafter maintain any private or public driveway of ingress to or egress from land adjacent to a City highway without first having secured a driveway encroachment permit from the Director of Public Works. In no case shall a permit for construction permit the drainage facility along any City highway to be Item 7.4
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ATTACHMENT A
34 obstructed so as to impede the proper flow of drainage waters. Unless otherwise specified, driveways shall be constructed in accordance with City of Mountain House Improvement Standards. At a minimum, driveways shall be paved with asphalt concrete from the existing edge of pavement to the property line.

SECTION 126. Amendment of Section 9-11-503. Subdivision (g)(2) of Section 9-11-503 of the Mountain House Municipal Code is hereby amended to read as follows:
(2) Rural Residential roads provide access to residential development within Rural Residential zones, and agricultural zones with appropriate approvals.

SECTION 127. Amendment of Section 9-11-504. Subdivisions (a)(3) and (c) of Section 9-11-504 of the Mountain House Municipal Code are hereby amended to read as follows:
(3) The City may require a supplemental Traffic Study if, after preparing an original Traffic Study for any development project, the property’s use is changed so that total trip generation is expected to increase by more than fifteen percent (15%). . . .
(c) Responsibility for Traffic Studies. The City will prepare or contract for preparation of any required Traffic Studies.

SECTION 128. Amendment of Section 9-11-511. Section 9-11-511 of the Mountain House Municipal Code is hereby amended to read as follows:
9-11-511 Roadway Lighting.

Roadway lighting systems are required for all development projects in all urban communities, highway service, commercial recreation, and isolated industrial areas.

Intersection lighting is required for all development projects in rural communities and other areas of nonagricultural development. Roadway lighting is not required in agricultural zones. Developments on existing parcels in commercial or industrial zones shall meet the roadway lighting requirements of this Section. Roadway lighting shall be designed in accordance with the City of Mountain House Improvement Standards. New development projects shall either annex to an existing Landscape/Lighting Assessment District, annex to or form a Community Facilities District, or other City-approved mechanism for ongoing lighting maintenance.

SECTION 129. Repeal of Chapter 1 of Division 12 (Local Park and Recreation Facilities Financing).

Chapter 1 of Division 12 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 130. Amendment of Section 9-13-202. Section 9-13-202 of the Mountain House Municipal Code is hereby amended to read as follows:
9-13-202 Parties to the Agreement.

The City may enter into a Development Agreement, pursuant to the California Government Code, with any person having a legal or equitable interest in real property located within the City.

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ATTACHMENT A
35 SECTION 131. Amendment of Section 9-13-303. Subdivision (c) of Section 9-13-303 of the Mountain House Municipal Code is hereby amended to read as follows:
(c) Emergency Situations. The City may suspend the issuance of building permits for the development project after a noticed hearing if it finds in good faith that a clear and present emergency situation requires the suspension.

SECTION 132. Amendment of Section 9-14-203. Subdivision (e) of Section 9-14-203 of the Mountain House Municipal Code is hereby amended to read as follows:
(e) Grading in accordance with the plan incorporated in an approved Use Permit for a sanitary landfill per Section 9-8-1001, Use Permits.

SECTION 133. Amendment of Section 9-14-203. Subdivision (g) of Section 9-14-203 of the Mountain House Municipal Code is hereby amended to read as follows:
(g) Grading or excavations within City rights-of-way or easements for which an encroachment permit has been issued under provisions of Section 9-11-402.

SECTION 134. Amendment of Section 9-14-205. Section 9-14-205 of the Mountain House Municipal Code is hereby amended to read as follows:
9-14-205 Removal from Site.

Except as specifically provided for by one of the following, no person shall do, or permit to be done, any grading in such a manner that any quantities of dirt, soil, rock, gravel, or sand is removed from the site:
(a) Reserved.
(b) Reserved.
(c) Removal when done with an approved Use Permit for a sanitary landfill per Chapter 10 of Division 8, Use Permits.
(d) Removal of material related to situations listed under Section 9-14-203, Exemptions.
(e) Removal from a development project of incidental excess material during site grading that is done with an approved grading or building permit. (f) Removal, by governmental agency, of material donated to the governmental agency for use in governmental projects; material must have been previously stockpiled for a minimum period of eighteen (18) months. Removal shall be subject to Site Approval.
(g) Grading done by or under the supervision or construction control of a public agency of an excavation within that agency’s boundaries. The agency shall assume full responsibility for ensuring that the work is done in compliance with this Title, the San Joaquin Valley Unified Air Pollution Control District’s Regulation VIII (Fugitive Dust Prohibitions), and the Surface Mining and Reclamation Act. Excess soil material must be used solely for projects owned or controlled by the public agency and which are within the agency’s boundary and within the City of Mountain House.

SECTION 135. Repeal of Chapter 3 of Division 14. Chapter 3 of Division 14 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

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ATTACHMENT A
36 SECTION 136. Repeal of Chapter 4 of Division 14. Chapter 4 of Division 14 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 137. Amendment of Section 9-16-203. The introductory paragraph of Section 9-16-203 of the Mountain House Municipal Code is hereby amended to read as follows:

The Flood Control Engineer shall be designated as Floodplain Administrator and appointed to administer and implement this Chapter. The duties and responsibilities of the Floodplain Administrator shall include, but not necessarily be limited to, the following:

SECTION 138. Amendment of Section 9-16-205.1. Section 9-16-205.1 of the Mountain House Municipal Code is hereby amended to read as follows:
9-16-205.1 Special Flood Protection Findings Required by State Law.

The City is an urban community as defined in the Government Code Section 65007.

Development approvals for projects in Mountain House shall require flood protection findings as specified in Government Code Sections 65865.5, 65962, and 66474.5.

SECTION 139. Amendment of Division 17 (Signs). Division 17 of Title 9 of the Mountain House Municipal Code is hereby amended to read as set forth in Exhibit E.

SECTION 140. Repeal of Division 18. Division 18 of Title 9 of the Mountain House Municipal Code is hereby repealed and reserved for future use.

SECTION 141. Amendment of Section 9-19-203. The first paragraph of Section 9-19-203 of the Mountain House Municipal Code is hereby amended to read as follows:

It is a violation of this Title and Section 1-2-201 for a property owner and/or other person in control of a property to maintain or permit a nuisance or a violation of this Title on real property. Any use or condition on real property which is in violation of this Title or in violation of permits approved pursuant to the provisions of this Title shall constitute a violation of this Title and, if not abated, may be subject to the enforcement procedures outlined in this Chapter or Title 1.

SECTION 142. Amendment of Section 9-19-303. Section 9-19-303 of the Mountain House Municipal Code is hereby amended to read as follows:
9-19-303 Enforcement Officials.

The Enforcement Official is designated as the official responsible for the administration of this Chapter. In the administration of this Chapter, the Enforcement Official may, upon presentation of proper credentials, enter upon private or public property to examine a vehicle or part thereof, or obtain information as to the identity of a vehicle, and to remove or cause the removal of a vehicle or part thereof declared to be a nuisance pursuant to this Chapter and to Section 22663 of the Vehicle Code.

SECTION 143. Effective Date. This Ordinance shall take effect thirty days after passage.

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ATTACHMENT A
37 SECTION 144. Publication and Posting. The City Clerk shall comply with Government Code section 36933’s publication and posting requirements.

SECTION 145. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.

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ATTACHMENT A
38 Exhibit A
Section 9-1-304 — Definitions
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).

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.

Item 7.4
Mountain House Page 138 of 846

ATTACHMENT A
39 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.

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.

Item 7.4
Mountain House Page 139 of 846

ATTACHMENT A
40 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.

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.

Item 7.4
Mountain House Page 140 of 846

ATTACHMENT A
41 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.

City Maintained Road. “City maintained road” means a road for which the City has accepted rightsof-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.

Item 7.4
Mountain House Page 141 of 846

ATTACHMENT A
42 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, 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 Item 7.4
Mountain House Page 142 of 846

ATTACHMENT A
43 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;
(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 Item 7.4
Mountain House Page 143 of 846

ATTACHMENT A
44 of, or amendments to, General Plans, Master Plans, Specific Plans, Special Purpose Plans, ordinance text changes, or rezonings.

Disposal. “Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any waste into or on any land or water so that the waste or any constituent of the waste may enter the ground, be emitted into the air, or be discharged into any waters, including groundwater.

Distributor License. “Distributor license” means a license issued by the City to procure, sell, and transport cannabis and cannabis products who holds an authorized Annual State License with an ALicense 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.

Embankment. See “Fill.”
Item 7.4
Mountain House Page 144 of 846

ATTACHMENT A
45 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 short-term effects (adverse or beneficial) which a development project or plan may have on the natural and built environment if the project is carried out.

Environmental Review Officer. “Environmental Review Officer” means the Director or the Director's designee.

Equivalent Sound Level (Leq). “Equivalent sound level” or “Leq” means the sound level containing the same total energy as a time-varying sound level over a given sample period, typically computed for a one (1) hour sample period.

Erosion. “Erosion” means the wearing away and transportation of earth material as a result of the movement of wind, water, or ice.

Establishment. “Establishment” means a single, physical location at which economic activity occurs, such as a store, a factory or a farm.

Evacuation Plan. “Evacuation Plan” means a plan for the evacuation of mobile homes and recreational vehicles in existing mobile home parks, or for the evacuation of existing and proposed recreational vehicle parks, during time of flood hazards.

Existing Manufactured Home Park or Subdivision. “Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before October 3, 1980.

Existing Structure. “Existing Structure” means, for purposes of Chapter 13 of Division 8, Residential Accessory Dwelling Units, an existing Single-family Dwelling (including all fully enclosed areas such as a partial basement, attic, or an attached garage) or other Accessory Structure that can be safely converted into habitable space under building and fire codes.

Exotic Animals. “Exotic animals” mean animals generally considered wild or not normally domesticated, including, but not necessarily limited to, chinchillas, foxes, wolves and wolf-dog hybrids, and game animals.

Expansion to an Existing Manufactured Home Park or Subdivision. “Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).

Expansive Soil. “Expansive soil” means any soil which exhibits significant expansive properties as determined by a Geotechnical Engineer or the Building Inspector.

Family. “Family” means one (1) 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.

Item 7.4
Mountain House Page 145 of 846

ATTACHMENT A
46 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.

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.

Item 7.4
Mountain House Page 146 of 846

ATTACHMENT A
47 Flood Control Engineer. “Flood control engineer” means the engineer appointed by the City Council to supervise and administer the City of Mountain House Flood Control and Water Conservation District, and shall be the Director of Public Works.

Flood Control Facilities. “Flood Control Facilities” means levees, dredger cuts, retention basins, dams, and flood channels.

Flood Elevation. “Flood elevation” means the elevation of the water surface of the one hundred (100) year flood shown on the Flood Insurance Maps or the elevation of flood water in an area having a one percent (1%) or greater probability of flood in any given year, as determined by the Floodplain Administrator.

Flood Fringe. “Flood fringe” means the area of the one hundred (100) year flood, exclusive of the floodway, as shown on the Flood Insurance Maps and any area determined by the Floodplain Administrator to have a one percent (1%) or greater probability of flood in any given year.

Flood Hazard. “Flood hazard” means the danger of damage to persons or property from overflow water resulting from a one hundred (100) year flood or from the accumulation or flow of water determined to be hazardous by the Floodplain Administrator.

Flood Height. “Flood height” means the depth of the flood water during the one-hundred (100) year flood, computed as the difference between the elevation of the one hundred (100) year flood water surface and the elevation ground surface at a given point in the flooded area.

Flood Insurance Maps. “Flood Insurance Maps” means those maps submitted to the City by the Federal Emergency Management Agency as part of a report entitled “Flood Insurance Study for County of San Joaquin, November 1979,” as amended and any subsequent amendments and/or revisions. The maps include the Flood Insurance Rate Maps and the Floodway Maps.

Flood Insurance Rate Map or FIRM. “Flood Insurance Rate Map” or “FIRM” means the official map in which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the City (e.g., AO, AH, etc.).

Flood Insurance Study. “Flood insurance study” means an examination, evaluation and determination of flood hazards and, if appropriate, corresponding water sur-face elevations submitted to the City by the Federal Emergency Management Agency as part of a report entitled “Flood Insurance Study for County of San Joaquin, November 1979,” as amended and any subsequent amendments and/or revisions.

Flood Variance. “Flood variance” means a grant of relief from the requirements of Chapter 2 of Division 16 of this Title that permits construction in a manner that would otherwise be prohibited by said chapter. (See Section 9-8-1701 for Flood Variance application.) Floodplain Administrator. “Floodplain Administrator” means the person appointed by the City Council to administer and implement the flood prevention provisions of this Title, as described in Division 16 of this Title.

Floodplain Encroachment Permit. “Floodplain Encroachment Permit” means a permit issued by the Department of Public Works for any project that would alter a watercourse.

Floodplain Management. “Floodplain management” means the operation of an overall program of corrective and preventive measures for reducing flood damage.

Floodproofing. “Floodproofing” means any combination of structural and nonstructural additions, changes, or adjustments which reduce or eliminate flood damage to properties, utilities, structures, and their contents.

Floodway. “Floodway” means:
(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;
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ATTACHMENT A
48 (c) The designated floodway of the State Reclamation Board, if the Flood Insurance Maps do not indicate the floodway;
(d) The river or other watercourse itself, between its levees or banks, to the elevation of the one hundred (100) year flood, if the Flood Insurance Maps do not indicate the floodway and the State Reclamation Board has not established a designated floodway; or (e) The channel necessary to carry a flood with a one percent (1%) or greater probability of occurring in any given year established by the Floodplain Administrator, if the above criteria do not determine the floodway.

Floor Area. “Floor area” means the usable area of a building or portion thereof, under the horizontal projection of the roof or structural membrane, excluding garages, carports, porches, patios, courts and vent shafts.

Floor Area Ratio. “Floor area ratio” means the gross floor area of all buildings on a lot divided by the lot area.

Food Establishment. “Food establishment” means any location or portion thereof, any room or any building that is maintained, used or operated for the purpose of storing, preparing, packaging or otherwise handling food that is engaged in retail trade.

Food Preparation. “Food preparation” means packaging, processing, assembling, portioning or any operation which changes the form, flavor or consistency of food, but does not include the trimming of produce.

Forty-Five Degree (45°) Clear. “Forty-five degree (45°) clear” means that all points on a structure must not touch an imaginary line drawn at a forty-five degree (45°) angle from the nearest right-of-way line or property line, as applicable.

Freestanding Structure. “Freestanding structure” means a monopole, lattice tower, or other vertical support which is not a building, that is used for wireless telecommunication, or radio or television broadcasting.

Frontage. “Frontage” means that side of a lot which abuts a public road, or waterway if so specified.

Frontage, Primary. “Primary frontage” means that side of a lot abutting a street where the main building entrance is located and in the general direction in which the principal building faces.

Frontage, 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.”
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ATTACHMENT A
49 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 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.

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ATTACHMENT A
50 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 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.

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ATTACHMENT A
51 (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.

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 Singlefamily 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.

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ATTACHMENT A
52 Livable Area. “Livable area” means the area within the outside walls of a residential unit, whether attached or unattached, but not including unfinished garages, unfinished basements, porches, or storage facilities not accessible from the interior of the residential unit.

Living Area. “Living Area” (also known as “habitable area”) means the interior area of a dwelling unit used for living, sleeping, eating, cooking, bathing, washing, and sanitation purposes, but does not include a garage or any accessory structure and storage or utility spaces and similar area that are not considered habitable spaces as defined by the Building Code.

Loading Space. “Loading space” means an off-street space or berth used for loading or unloading commercial vehicles.

Lot. “Lot” means a designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.

Lot, Corner. “Corner lot” means a lot abutting on two intersecting or intercepting streets, where the interior angle of intersection or interception does not exceed one hundred thirty-five (135) degrees.

Lot, Flag. “Flag lot” means an “L”-shaped or “T”-shaped lot in which one arm of the lot fronts on a public road and is used solely as a driveway.

Lot, Interior. “Interior lot” means a lot other than a corner lot.

Lot, Reverse Corner. “Reverse corner lot” means a corner lot in which the rear yard abuts the side yard of an interior lot.

Lot Area. “Lot area” means the total horizontal area included within the property lines of a lot.

Lot Area, Gross. “Gross lot area” means the total lot or parcel area within the lot lines of a lot, including existing and/or proposed rights-of-way.

Lot Area, Net. “Net lot area” means the total lot or parcel area within the lot lines of a lot, excluding the land area required for roads and off-street parking facilities.

Lot Depth. “Lot depth” means the horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

Lot Line. “Lot line” means a line of record bounding a lot which divides that lot from another lot or from a public or private street or any other public space.

Lot Line, Front. “Front lot line” means the lot line separating an interior lot from a street. For flag lots, the front lot line is defined as follows:
(a) Where a lot's driveway will not be needed to serve more than one parcel, “front lot line” means the lot line closest to the public street, excluding the lot lines defining the driveway; (b) Where a lot's driveway may be needed as part of a future public road, “front lot line” means a line extended from the end of the driveway straight through the parcel which will be parallel to the rear lot line and nearest to the location of the proposed dwelling.

Lot Line, Rear. “Rear lot line” means the lot line opposite and most distant from the front lot line; or, in the case of triangular or otherwise irregularly shaped lots, a line of no less than ten (10) feet in length within the lot, parallel to and at a maximum distance from, the front lot line.

Lot Line, Side. “Side lot line” means any lot line other than a front or rear lot line.

Lot Line Adjustment. “Lot Line Adjustment” means a minor relocation of a property line between the existing parcels which would create no new parcels.

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).

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ATTACHMENT A
53 (a) An unfinished or flood-resistant enclosure below the lowest floor that is useable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building's lowest floor, provided it conforms to applicable non-elevation design requirements, including, but not limited to:
(1) The wet floodproofing standard in Section 9-16-212(d). (2) The anchoring standards in Section 9-16-210.
(3) The construction materials and methods standards in Section 9-16-211. (4) The standards for utilities in Section 9-16-213.
(b) For residential structures, all subgrade-enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.

Luminaire. “Luminaire” means a complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.

Major Subdivision. “Major subdivision” means a subdivision of land creating five (5) or more parcels, five (5) or more condominiums, or a community apartment project containing five (5) or more units, unless otherwise excepted in the definition of a minor subdivision.

Manufactured Home. “Manufactured Home” means a structure transportable in one (1) or more sections that is built on a permanent chassis and is designed to be used as a dwelling, with or without a permanent foundation, when connected to utilities.

Manufactured Home Park or Subdivision. “Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

Marina. “Marina” means a facility for storing, servicing, fueling, berthing, and securing pleasure boats and which may include eating, sleeping, and retail facilities for owners, crews, and guests.

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.

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ATTACHMENT A
54 Minor Subdivision. “Minor subdivision” means a subdivision of land where:
(a) The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body; or
(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.

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.

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ATTACHMENT A
55 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 noisesensitive 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 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.

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ATTACHMENT A
56 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.
(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 Item 7.4
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ATTACHMENT A
57 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.

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.

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ATTACHMENT A
58 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 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.

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ATTACHMENT A
59 Restricted Access. See “Access, Restricted.”
Retailer License. “Retailer license” means a license issued to sell cannabis to qualified individuals that hold an authorized Annual State License with an A-License or M-License designation.

Retention Basin. “Retention basin” means a drainage pond with no outlet facilities for terminal drainage that is capable of storing the required stormwater runoff volume and is capable of emptying through percolation and evaporation over a specified time.

Review Authority. “Review Authority” means any of the following entities which are empowered to interpret, implement and enforce this Title:
(a) City Council;
(b) Planning Commission;
(c) Director of the Community Development Department; and (d) Community Development Department.

Right-of-Way. “Right-of-way” means an easement for the use of roads, water and wastewater facilities, flood and drainage works, overhead and underground utilities, or any related improvements.

Riparian Corridor. “Riparian corridor” means a strip or generally contiguous area of riparian habitat.

Riparian Habitat. “Riparian habitat” means the banks and other terrestrial environs of fresh water bodies, watercourses, estuaries, and surface waters whose conditions provide soil moisture sufficiently in excess of that otherwise available through local precipitation to support the 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.

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ATTACHMENT A
60 (i) Intersections are limited to freeways, major and minor arterials, and rural roads only.

Intersections are usually no closer than one-quarter mile. (j) Freeway. “Freeway” means a multi-lane, divided highway providing no access to adjoining property. Freeways are intended to accommodate high speed, high volume, long distance regional through traffic and traffic between urban areas. Freeways typically connect to the local road system at high volume interchanges with arterial roads in urban areas and with some rural roads in rural county areas.

Roadbed. “Roadbed” means that portion of the road between curb-faces or between the outside line of improved shoulders.

Sanitary Landfill. “Sanitary landfill” means a disposal site employing an engineered method of disposal of solid wastes in a manner that minimizes environmental hazards by 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 self-supporting on the ground, and is in no part supported by a permanent structure (includes pole signs and monument signs).

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ATTACHMENT A
61 Sign, Height of. “Height of sign” means the vertical distance measured from the highest point of the sign to the grade immediately beneath the sign.

Sign, Illegal. “Illegal sign” means a sign that was installed contrary to the laws and ordinances in effect at the time of its installation; or that has been abandoned; or that is unsafe and poses a danger to the public or is a traffic hazard.

Sign, 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 mentally disordered or otherwise handicapped persons, to dependent and neglected children, or to aged individuals (includes both group care facilities and child care centers).

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ATTACHMENT A
62 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 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.

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ATTACHMENT A
63 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, 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;
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ATTACHMENT A
64 (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
(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.

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ATTACHMENT A
65 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.

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, semi-trucks, truck trailers, or trailers.

Excluded are the transferring, storing, assembling, or sorting of cargo.

Truck Terminal. “Truck terminal” means an area and buildings used by motor freight vehicles or trucks of common carriers for purposes of transferring, storing, assembling, and sorting cargo or for purposes of storing and maintaining the trucks used for such purposes on a regular basis.

Truck Trailer. “Truck trailer” means either: (1) a vehicle designed for carrying persons or property, used in conjunction with a motor vehicle, and constructed so that some part of its weight and that of its load rests upon, or is carried by, another vehicle; or (2) a vehicle designed to carry persons or property on its own structure and to be drawn by a motor vehicle which is constructed so that no part of its weight rest upon any other vehicle.

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ATTACHMENT A
66 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.

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.

Item 7.4
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ATTACHMENT A
67 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 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.”
Item 7.4
Mountain House Page 167 of 846

ATTACHMENT A
68 Exhibit B
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.
(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.

Item 7.4
Mountain House Page 168 of 846

ATTACHMENT A
69 (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. 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.

Item 7.4
Mountain House Page 169 of 846

ATTACHMENT A
70 (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 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
Item 7.4
Mountain House Page 170 of 846

ATTACHMENT A
71 (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. (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 Item 7.4
Mountain House Page 171 of 846

ATTACHMENT A
72 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.

Item 7.4
Mountain House Page 172 of 846

ATTACHMENT A
73 Exhibit C
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.
(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.

Item 7.4
Mountain House Page 173 of 846

ATTACHMENT A
74 (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 onsite. (b) Cottage Food Operations. Cottage Food businesses may be permitted only in compliance with all applicable State, County, and City regulations.
(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:

Item 7.4
Mountain House Page 174 of 846

ATTACHMENT A
75 (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 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.

Item 7.4
Mountain House Page 175 of 846

ATTACHMENT A
76 Exhibit D
CHAPTER 5. LANDSCAPING REGULATIONS
9-10-501 Purpose, Authority, and Responsibilities.
(a) Purpose. The intent of this Chapter is to prescribe standards for landscaping to protect public security and safety, conserve and protect property, improve the general appearance of the City of Mountain House, and support the implementation of the Model Water Efficient Landscape Ordinance (MWELO). The California Department of Water Resources prepares and updates the MWELO, which is set out in Chapter 2.7 of Title 23 of the California Code of Regulations (“Chapter 2.7”). The City uses the MWELO in reviewing and approving plans for landscape design and installation. For purposes of this chapter, terms not otherwise defined in this Code shall be deemed to have the meaning set out in section 490.2 of title 23 of the California Code of Regulations. If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends Chapter 2.7's requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the City shall enforce the revised requirements of Chapter 2.7. Any references herein to Appendices A, B, or C shall be deemed to refer to such appendices to Chapter 2.7 of Title 23 of the California Code of Regulations.
(b) The purposes of landscape regulations under MWELO include:
(1) Promoting the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;
(2) Establishing a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government, and property owners to achieve the many benefits possible;
(3) Establish provisions for water management practices and water waste prevention for existing landscapes;
(4) Using water efficiently without water waste by setting a Maximum Applied Water Allowance as the upper limit for water use and reduce water use to the lowest practical amount; (5) Promoting the benefits of consistent landscape ordinances with neighboring local and regional agencies;
(6) Encouraging local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and (7) Encouraging local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance that is at least as efficient as the Model Water Efficient Landscape Ordinance. (8) Require water-efficient landscaping through the use of native and drought-tolerant plants and water-conserving irrigation practices;
(9) Aid in energy conservation by providing shade from the sun and shelter from the wind; (10) Provide habitat through the re-establishment of native plants; (11) Assist in mitigating air quality impacts by reducing or absorbing pollutants; and (12) Minimize or eliminate conflicts between potentially incompatible, but otherwise permitted land uses on adjoining lots through visual screening.
(c) Authority. These regulations are intended to comply with the requirements of California Government Code of Regulations, Title 23, Division 2, Chapter 2.7 for a “water efficient landscape ordinance.”
Item 7.4
Mountain House Page 176 of 846

ATTACHMENT A
77 (d) The City's Responsibilities. Pursuant to 23 California Code of Regulations § 491.3(b), the City is responsible for the enforcement of the MWELO, including but not limited to approval of a permit, plan check, or design review of a project.
(1) Prior to construction, the City shall:
(A) provide the project applicant with the model ordinance and procedures for permits, plan checks, or design reviews;
(B) review the Landscape Documentation Package submitted by the project applicant; (C) approve or deny the Landscape Documentation Package; (D) issue a permit or approve the plan check or design review for the project applicant; and (E) For the performance compliance option only, upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor. (e) Project Applicant's Responsibilities.
(1) Prior to construction, the project applicant shall:
(A) Submit a Landscape Documentation Package to the City (2) Upon approval of the Landscape Documentation Package by the City, the project applicant shall:
(A) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;
(B) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or their designee unless the property owner is the project applicant; and
(C) for the performance-compliance option only, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
9-10-502 Applicability and Exemptions.
(a) Applicability.

The requirements of this Chapter apply to the following landscape projects:
(1) “New construction projects” (i.e. new building with a landscape or a new landscape where one did not exist before) with a landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review;
(2) “Rehabilitated landscape projects” with a landscape area which is equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review; (b) Limited Applicability. The requirements of this Chapter shall apply in a limited manner as it relates to existing non-rehabilitated landscapes, cemeteries, and certain projects that meet their landscape water requirements entirely with gray water or rain water, as specified below:
(1) Existing Non-Rehabilitated Landscapes. Existing Non-Rehabilitated Landscapes shall only be subject to Section 9-10-510; and
(2) Cemeteries. Recognizing the special landscape management needs of cemeteries:
(i) Existing Cemeteries. Existing Cemeteries are only subject to the performance compliance requirements and provisions for existing non-rehabilitated landscapes, as outlined under Section 9-10- 510
(ii) New and Rehabilitated Cemeteries. New and Rehabilitated Cemeteries are only subject to the following requirements: 1)the water efficient landscape worksheet; 2) the landscape and irrigation maintenance schedule, and 3)irrigation audits.
(3) Certain Projects Using Gray Water or Rainwater. For Projects using gray water or rainwater, if any lot or parcel within the project has less than 2,500 square feet of landscape area and meets the lot or parcel's landscape water requirement entirely with treated or untreated gray water (i.e., household showers, dishwashing operations, etc.) or through stored rainwater captured on site, then that Item 7.4
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ATTACHMENT A
78 respective lot or parcel is only subject to irrigation system requirements under the prescriptive compliance option set forth by the City.
(c) Exemptions. The following are exempt from the requirements of this Chapter:
(1) Project landscaping that is less than 500 square feet; (2) Registered local, state or federal historical sites; (3) Areas in need of fire-resistant sections of vegetation; (4) Ecological restoration projects that do not require a permanent irrigation system; (5) Plant collections, as a part of botanical gardens and arboretums open to the public; and (6) Mined-land reclamation projects, and other projects that do not require a permanent irrigation system
(7) Any area for which the Review Authority authorizes conditional exceptions, unless the standard specifically states that an exception cannot be granted; such exceptions may be granted if the Review Authority finds in writing that the proposed design is in substantial compliance with the purpose and intent of this chapter.
9-10-503 Landscaping Standards.
(a) General. Landscaping may consist of a combination of ground cover materials, shrubs, and trees.

Ground cover may include grasses, shrubs, perennials, vines, or other plants; as well as natural features such as, mulch such as gravel, rock, stone, cinder, bark, or other permeable materials. Landscaping may include incidental or structural features including, but not limited to, stepping stones, site furniture, water features (i.e. water fountains), reflecting pools, art, or other ornamental features placed within a landscaped setting. All landscaping required by this Chapter shall comply with the following provisions and with the applicable Mountain House Design Manual and with the Mountain House design manuals and the Neighborhood-specific landscape guidelines, as applicable and to the extent not inconsistent with this Chapter and chapter 2.7 of title 23 of the California Code of Regulations. (b) Composition. Where required, planting shall include the installation and maintenance of no less than one (1) item from each of the following groups:
(1) Group One: Trees;
(2) Group Two: Shrubs or Vines; or
(3) Group Three: Ground Cover, Flowers or Turf.
(c) Water Efficient Landscape. All new landscaping shall be planned to create a water efficient landscape.

The planted area shall balance the water demands of different plant species to create an overall landscape which requires a moderate amount of water. For design purposes, planting areas shall be defined as low use, medium use, or high use areas. The water value designations of low use, medium use, or high use, shall be determined from a plant list approved by the Director. Water use values reflect the relative water use of each type of planting area. To check a landscape design for compliance, multiply the water use value in the list by its respective planting area; if the sum of the water use factors is less than the design area, the design is acceptable. (d) Plant Materials.
(1) Turf Allowance and Limited Exceptions:
(A) Turfgrass shall not exceed 25% of the landscape area in residential landscapes; (B) There shall be no turfgrass in non-residential landscapes; and (C) Turfgrass shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four feet of horizontal length; and,
(D) Turfgrass is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles.

Item 7.4
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ATTACHMENT A
79 (E) Any turfgrass in parkways must be irrigated by subsurface irrigation or by other technology that creates no water waste, overspray or runoff;
(F) Except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. Turf is prohibited on slopes greater than 20 percent.

The Director may grant exceptions for special landscape areas (an irrigated area that may be all or part of the landscape project and is permanently and solely dedicated to edible plants such as orchards and vegetable gardens, recreational areas, areas irrigated with recycled water, or water features using recycled water, including:
(i) Cemeteries, schools, and parks; and
(ii) Any area for which the Director finds that the proposed design is in substantial compliance with the purpose and intent of this Chapter.
(2) Stock Quality. Plants shall be healthy and meet minimum industry standards. (3) Plant Selection. Plant selection for non-residential development shall be in accordance with the plant list maintained by the City. Plant selection for all other development is as follows:
(A) Any plant that is not specifically prohibited may be selected for the landscape, providing the Estimated Total Water Use in the area does not exceed the Maximum Applied Water Allowance. (B) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (C) Each hydrozone shall have plant materials with similar water use. (i) Exceptions are allowed for hydrozones that use a mix of plant materials with low and moderate plant factors or moderate and high plant factors, as specified in Section 9-10-511.3 (d)(7). (D) High water use plants, characterized by a plant factor range of 0.7 to 1.0, are prohibited in street medians.
(E) Plants should be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site, including water efficiency. Methods to achieve water efficiency include:
(i) Using the Sunset Magazine Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude and varying degrees of continental and marine influence on the local client;
(ii) Recognizing the horticultural attributes of plants (i.e. mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines) and to allow for adequate soil volume for healthy root growth; and
(iii) Using solar orientation for plant placement to maximize summer shade and winter solar gain. (4) Native Plant Preference. Native plants, particularly native trees and shrubs, shall be considered as the first alternative when selecting plants.
(5) Height Limitations. Plantings, excluding trees, shall extend no more than three (3) feet above any street curb in the following locations:
(A) Within a thirty (30) foot snipe of a street intersection without a stop sign or stop light; (B) Within a fifty (50) foot snipe of a street intersection containing a stop sign or stop light; (C) Within a fifteen (15) foot snipe of a commercial driveway or alleyway; or (D) Within a ten (10) foot snipe of a residential driveway. (6) Trees. When planted, the trees shall be at least five (5) gallons in size. (7) Mulch. A minimum of three (3) inch layer of an organic mulch shall be applied on all exposed soil surfaces of planting areas, except in turfgrass areas, areas receiving closely spaced plugs as a lawn alternative or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial instincts and other wildlife, up to five percent of the landscape area may be left without mulch. Stabilizing mulching products must be used on slopes that meet current engineering standards.

Item 7.4
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ATTACHMENT A
80 The mulching portion of the seed/mulch slurry in hydro seeded applications must meet the mulching requirement. placed in shrub areas on the soil surface after planting. Nonporous materials shall not be placed under the mulch.
(e) Earth Berms. Earth berms shall comply with the following provisions:
(1) An earth berm may contribute toward the prescribed height of any planting, fencing, or wall; and (2) Mounds of earth which are used to screen or for planting shall not maintain a slope greater than two to one (2:1).
(f) Irrigation. Irrigation systems shall be installed for all landscaped areas as follows (please be advised water waste resulting from inefficient landscape irrigation may result in penalties, as outlined in the water conservation chapter):
(1) Soil types and infiltration rates shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures. (2) No overhead sprinkler irrigations systems (pop-up, impulse sprinklers, rotors) shall be installed in median strips less than ten (10) feet wide.
(3) Any landscaping is required to use rain switches as part of any automatic irrigation system. (4) All landscaped areas shall be irrigated with automatic irrigation systems. Low volume spray heads and drip irrigation systems shall be used, and systems shall be compatible with any reclaimed water systems.
(g) Erosion Control. Erosion shall be controlled as follows:
(1) Slopes created through grading during construction shall be (re)planted with groundcover at a maximum of eighteen (18) inches on center or (re)planted with shrubs; (2) Slopes shall be restricted to a maximum 2:1 slope ratio; (3) Slopes greater than six (6) feet in vertical height shall be planted with groundcover a maximum of eighteen (18) inches on center;
(4) Erosion shall be controlled on all graded sites which remain vacant prior to building construction; and
(5) Protective netting may be required on an interim basis to ensure bank stability. (h) Protective Curbing. Protective six (6) inch concrete curbs or standard concrete wheel stops shall be required where planting or screening abuts parking stalls or driveways. (i) Timing of Installation. All required landscaping and irrigation shall be installed prior to the issuance of the Certificate of Occupancy or final inspection, unless a delay is granted by the Director. (j) Safety. Landscaping and screening shall meet the following safety requirements:
(1) Landscape or screening elements which pose an unusual public health or safety threat shall not be permitted;
(2) The height, spread, and growth habit of all plantings shall not interfere with or obstruct ease of movement; and
(3) Street trees, shall be pruned so that no branch shall extend over the sidewalk lower than six (6) feet above curb level.
(k) Maintenance. Landscaping and screening shall be maintained as follows:
(1) Plantings shall be maintained in good growing conditions and, whenever necessary, replaced with new plant materials;
(2) Lawn and ground cover shall be trimmed and mowed regularly and planting areas shall be kept free of weeds and debris;
(3) Plantings shall be fertilized, cultivated, and pruned on a regular basis, and good horticultural principles shall be practiced;
(4) When necessary, plantings shall be appropriately staked, tied, or otherwise supported. Supports shall be regularly monitored to avoid damage to plants; Item 7.4
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ATTACHMENT A
81 (5) All landscaping and related equipment, including, but not limited to, plant material, screening devices, walkways, benches, fountains, and irrigation systems, shall be maintained by the property owner; and
(6) All required screening materials shall be maintained in good condition and, whenever necessary, repaired or replaced.
(l) Replacements. When replacing vegetation, native plants, particularly native trees and shrubs, shall be considered as the first alternative.
(m) Landscape Plans. Landscape Plans, including location, variety, irrigation, and other information necessary to determine compliance with these requirements must be submitted and approved by the Director whenever landscaping is required. For large scale projects, the Director may require these plans to be prepared by a Landscape Architect.
9-10-504 Street Trees.
(a) The planting of trees along streets is required for all new residential developments as follows:
(1) Spacing. Trees shall be spaced at a maximum of sixty (60) foot intervals or a minimum of one tree per lot frontage, except in the Rural Residential Zone, in which case a minimum of three (3) trees are required for each lot frontage. (2) Corner Lots. For corner lots, street trees shall be required on both street frontages. The trees cannot interfere with sight distances and setbacks. (3) Size. Trees shall be five (5) gallons in size.
(4) Location. Trees shall be located such that at fifteen (15) years of age the crown will not encroach across side property lines.
(5) Location from Driveways. Trees shall be located a minimum of ten (10) feet from driveways.
(6) Location from Rights-of-Way. Trees shall be located a minimum of four (4) feet and a maximum of ten (10) feet outside of the road right-of-way. (7) Street Frontages. Street trees shall be required along street frontages where noise attenuation walls are required. They shall be placed in the yard or integrated with a serpentine wall.
(8) City Tree List. Trees shall be chosen from the City Tree List. (9) Exceptions. Exceptions to street tree planting may be permitted on those lots where proper spacing is not possible provided the exceptions are granted by the Director of the Community Development Department.
(10) Maintenance. Street trees shall be maintained by a public or private entity as follows:
(A) Plantings shall be maintained in good growing condition and, whenever necessary, replaced with new plant materials;
(B) Planting areas shall be kept free of weeds and debris; (C) Plantings shall be fertilized, cultivated, and pruned on a regular basis, and good horticultural principles shall be practiced; and
(D) When necessary, plantings shall be appropriately staked, tied, or otherwise supported. Supports shall be regularly monitored to avoid damage to plants. (11) Timing of Installation. Required street trees, including irrigation systems, shall be completely installed prior to the final inspection of the building. (12) Developer Responsibility. Developers shall be responsible for the landscaping of local streets and those collector streets that are not in the Public Land Equity Program, Item 7.4
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ATTACHMENT A
82 in accordance with the Master Plan, the Specific Plan and the Mountain House CSD Design Manual.
(13) Requirements in Industrial and Commercial Areas. In industrial and commercial areas, along collector streets, two (2) rows of large canopy shade trees shall be planted on each side of the roadway, flanking the sidewalks.
(A) Said trees shall be spaced an average of thirty (30) feet or less on center and shall be placed no closer than eight (8) feet to street light standards. (B) One (1) row of trees shall be planted within the parkway strip and one (1) row shall be planted within the front or side yard, five (5) feet from the edge of the sidewalk. (C) The Director may modify the requirement for plantings in the front or side yard to permit clustering of planting, or the Director may eliminate the requirement for plantings in commercial areas where the structures have minimal setbacks. (14) Tree List. Tree selection shall be in accordance with the tree list maintained by the City.
9-10-505 Requirements for Parking Areas.

The following requirements shall apply to all open, off-street parking areas and off-street loading areas, including nonresidential driveways:
(a) Parking areas with more than twenty (20) stalls shall provide a minimum of five percent (5%) of landscaping within the perimeter of the parking area, not including landscaping along the street frontage.
(b) One tree shall be required for each five (5) parking stalls, or portion thereof, and shall be evenly spaced throughout the parking lot.
(c) A ten (10) foot wide landscaped strip shall be installed between parking areas and adjacent public streets.
(d) Planters which abut parking stalls shall be a minimum of five (5) feet wide. A minimum eighteen (18) inch wide paved strip shall be added to the adjacent parking stall to allow access to and from vehicles.
(e) Unless otherwise specified, parking areas abutting a residential zone, an area shown on the General Plan for residential use, or an existing residential use, shall be screened with a solid masonry wall six (6) to seven (7) feet in height along the abutting property line, and a five (5) foot planting strip shall be installed adjacent to the wall and the parking area. (f) Parking lots shall be surrounded by hedges, shrubs and/or berms to mitigate the visual impacts on adjacent streets or uses. Hedges and shrubs shall be mature. The height of hedges or shrubs shall be maintained to provide visibility for safety.
(g) Planting islands within parking areas shall be adequately sized to allow parking lot trees and shrubs to thrive, and to allow adequate clearance for car doors, bumper overhangs and visibility. 9-10-506 Requirements for Residential Zones.

The following requirements shall apply in the residential zones:
(a) Multifamily Developments. The following requirements shall apply to developments which result in five (5) or more multifamily dwelling units:
(1) All areas not used for buildings, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped; and
(2) Site development shall incorporate the surrounding topography and provide for the preservation of natural features such as water courses, native oaks, heritage trees, wooded areas, and rough terrain. (b) Mobile Home Parks. The following requirements shall apply to mobile home parks:

Item 7.4
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ATTACHMENT A
83 (1) All areas not used for buildings, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped; and
(2) Site development shall relate harmoniously to the surrounding topography and provide for the preservation of natural features such as water courses, native oaks, heritage trees, wooded areas, and rough terrain.
(c) Reserved.
(d) Model Homes. All model homes that are landscaped shall display signs that provide information demonstrating the principles of water efficient landscapes described in this model ordinance. (1) Signs shall be used to identify the model home as an example of a water efficient landscape .

Signage shall include:
(A) fundamental water efficient landscape elements such as hydrozones, irrigation equipment, native plants, gray water systems, rainwater catchment systems, and other elements as applicable that contribute to the overall water efficient theme.
(B) information about the site water use budget as designed per the local ordinance; specify who designed and installed the water efficient landscape.
(2) Information shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
9-10-507 Requirements for Commercial Projects.

All areas not used for buildings, parking, driveways, walkways, or other permanent facilities shall be landscaped. A minimum ten (10) foot wide planting strip shall be required along adjacent streets. The strip shall be continuous except where crossed by driveways and walkways. 9-10-508 Requirements for Industrial Projects.

All areas not used for buildings, parking, driveways, walkways, approved outdoor storage areas, or other permanent facilities shall be landscaped. At a minimum, a ten (10) foot wide planting strip is required along adjacent streets. The strip shall be continuous except where crossed by driveways and walkways.
9-10-509 Requirements for Freeways and Scenic Routes.

For commercial and industrial projects, a minimum ten (10) foot wide planting strip shall be required along all Interstate highways, all on- and off-ramps thereof, and all scenic routes that are defined in the General Plan.
9-10-510 Provisions for Existing Non-rehabilitated Landscapes (a) Existing non-rehabilitated landscapes that were installed before December 1, 2025 and are over one acre in size, are subject to the following provisions:
(1) For all existing non-rehabilitated landscapes that have a water meter, the City shall administer programs that may include, but are not limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing nonrehabilitated landscapes. (A) The Maximum Applied Water Allowance for existing non-rehabilitated landscapes shall be calculated as: MAWA = (ETo) x (0.62) x (0.8 x RLA + 1.0 x SLA). (2) For all existing non-rehabilitated landscapes that do not have a meter, the City shall administer programs that may include, but are not limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste. (b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

Item 7.4
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ATTACHMENT A
84 9-10-511 Required Landscape Plans and Supporting Materials (a) General Requirements. A complete Landscape Documentation Package and any supporting documents (if applicable) must be provided to the Administrator on the forms required by the MWELO for all non-exempt landscape projects. Streamlined review of submittals are available for projects subject to limited applicability of requirements under this chapter. (b) Landscape Documentation Package Requirements
(1) Prescriptive Compliance. Landscape projects that involve 2,500 square feet or less of landscape area may be approved through a Zoning Compliance Review if the applicant meets all of the following requirements. Under this procedure, Landscape Documentation requirements of the MWELO are waived.
(A) A project information sheet with the following completed elements:
(i) date the project information sheet is completed;
(ii) name of the project applicant;
(iii) contact information for the project applicant and property owner; (iv) project address (if available, parcel and/or lot number(s)); (v) total landscape area (square feet);
(vi) project type (e.g., institutional (i.e., public), private, cemetery, homeowner-installed); (vii) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well; and
(viii) applicant signature and date with statement: “I agree to comply with the requirements of the prescriptive compliance option to the MWELO.”
(B) A Landscape design plan that includes:
(i) Total landscape area (square feet); and
(ii) A breakdown of turfgrass and plant material (e.g., plant legend). (2) Performance Compliance. The performance compliance requirements shall be used as the compliance option for any landscape project with greater than 2,500 square feet of area and documented in the Landscape Documentation Package, as described in Section 9-10-511, and the Certificate of Completion Package, as described in Section 9-10-516.The Landscape Documentation Package Requirements shall include the following six (6) elements:
(A) A project information sheet with the following completed elements:
(i) date the project information sheet is completed;
(ii) name of the project applicant;
(iii) contact information for the project applicant and property owner; (iv) project address (if available, parcel and/or lot number(s)); (v) total landscape area (square feet);
(vi) project type (e.g., new, rehabilitated, institutional (i.e., public), private, cemetery, homeownerinstalled); (vii) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well;
(viii) checklist of all documents in Landscape Documentation Package; and, applicant signature and date with statement: “I agree to comply with the requirements for the performance compliance option of the MWELO and submit a complete Landscape Documentation Package.” (ix) applicant signature and date with statement: “I agree to comply with the requirements for the performance compliance option of the MWELO and submit a complete Landscape Documentation Package.”
(B) soil management report pursuant to Section 9-10-511.1; (C) landscape design plan pursuant to Section 9-10-511(c); (D) grading design plan pursuant to Section 9-10-511.2; Item 7.4
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ATTACHMENT A
85 (E) irrigation design plan pursuant to Section 9-10-511.3; and (F) Water Efficient Landscape Worksheet pursuant to Section 9-10-512:
(G) Maximum Applied Water Allowance (MAWA);
(H) Estimated Water Use (EWU); and
(I) Estimated Total Water Use (ETWU).
(c) Landscape Design Plans. Landscape Design Plans, including location, variety, irrigation, and other information necessary to determine compliance with these requirements must be submitted and approved by the Director whenever landscaping is required. For large scale projects, the Director may require these plans to be prepared by a Landscape Architect. (1) The landscape design plan, at a minimum, shall:
(A) delineate and label each hydrozone by number, letter, or other method; (B) identify the plant factor for each hydrozone as very low, low, moderate, high, or mixed water use.
(i) Temporarily irrigated landscape areas shall use the low water use plant factor range in the water budget calculation specified in Section 9-10-512(d)(1). (C) identify special landscape areas, including:
(i) recreational areas;
(ii) areas permanently and solely dedicated to edible plants; and, (iii) areas irrigated with or water features using recycled water; (D) identify type of mulch and application depth;
(E) identify type and quantity of soil amendments;
(F) identify type and surface areas of water features;
(G) identify hardscapes (pervious and non-pervious);
(H) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements. Stormwater best management practices are encouraged in the landscape design plan and examples are provided in subdivision (a)(5) of Section 490.1 of Title 23 of the California Code of Regulations. (I) identify any applicable rain harvesting or catchment technologies and their 24-hour retention or infiltration capacity, if applicable;
(J) Identify any applicable graywater discharge piping, system components, and area(s) of distribution;
(K) identify designated insect habitat;
(L) make plants identifiable to an inspector during final inspection; (i) Plants must be identifiable by botanical name, common name or cultivar as specified in Section 53481 of the Food and Agricultural Code.
(M) contain the following statement: “I have complied with the performance compliance option criteria of the MWELO and applied them for the efficient use of water in the landscape design plan.”; and
(N) bear the signature of the designer of record.
(2) Plant Selection.
(A) Any plant may be selected for the landscape, providing the Estimated Total Water Use in the landscape area does not exceed the Maximum Applied Water Allowance. (B) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group. (C) Each hydrozone shall have plant materials with similar water use.

Item 7.4
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ATTACHMENT A
86 (i) Exceptions are allowed for hydrozones that use a mix of plant materials with low and moderate plant factors or moderate and high plant factors, as specified in Section 9-10-511.3(d)(7). (D) High water use plants, characterized by a plant factor range of 0.7 to 1.0, are prohibited in street medians.
(E) Turfgrass is not allowed on slopes greater than 25% where the toe of the slope is adjacent to a non-pervious hardscape and where 25% means one (1) foot of vertical elevation change for every four (4) feet of horizontal length (rise divided by run x 100 = slope percent). (F) Methods to achieve water efficiency shall include one or more of the following:
(i) protection and preservation of native species and natural vegetation; (ii) selection of plants based on local climate suitability, disease, and pest resistance; (iii) selection of water-conserving plant, tree, and turfgrass species, especially local native plants; (iv) Selection of trees based on applicable local tree ordinances or tree shading guidelines, and size at maturity as appropriate for the planting area;
(v) Selection of plants from local and regional landscape program recommended plant lists; and (vi) selection of plants from local Fuel Modification Plan Guidelines. (G) Plants shall be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site. Methods to achieve water efficiency shall include one or more of the following:
(i) use the Sunset Western Climate Zone System, 2007, which is herein incorporated by reference, which takes into account temperature, humidity, elevation, terrain, latitude, and varying degrees of continental and marine influence on local climate;
(ii) recognize the horticultural attributes of plants (i.e., mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines); allow for adequate soil volume for healthy root growth; and
(iii) consider the solar orientation for plant placement to maximize summer shade and winter solar gain.
(2) Water Features.
(A) Recirculating water systems shall be used for water features. (B) Where available, recycled water shall be used for decorative water features. (C) Surface area of a water feature shall use the high water use hydrozone plant factor in the water budget calculation.
(D) Pool and spa covers are highly recommended pursuant to subdivision (d) of Section 115921 of the Health and Safety Code.
(3) Soil Preparation, Mulch, and Amendments.
(A) Prior to the planting of any materials, compacted soils shall be transformed to a friable condition. On engineered slopes, only amended planting holes need meet this requirement. (B) Soil amendments shall be incorporated according to recommendations of the soil management report and what is appropriate for the plants selected (see Section 9-10-511.1). (C) For landscape installations, compost at a rate of a minimum of four cubic yards per 1,000 square feet of pervious area shall be incorporated to a depth of six inches into the soil. Soils with greater than 6% organic matter in the top six inches of soil are exempt from adding compost and tilling. (D) A minimum three-inch (3″) layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turfgrass areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated.
(i) To provide habitat for beneficial insects and other wildlife, up to 5% of the landscape area may be left without mulch and identified in the landscape design plan (see Section 9-10-511(c)(1)(K)). (E) The mulching portion of the seed/mulch slurry in hydro-seeded applications shall meet the mulching requirement in Section 9-10-511(c)(3)(C).

Item 7.4
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ATTACHMENT A
87 (F) Stabilizing mulching products shall be used on slopes that meet current engineering standards. (G) Organic mulch made from recycled or post-consumer materials shall take precedence over inorganic materials or virgin forest products unless the recycled post-consumer organic products are not locally available.
(i) Organic mulches are not required where prohibited by local Fuel Modification Plan Guidelines or other applicable local ordinances. (Public Resources Code section 4291). 9-10-511.1 Soil Management Report.
(a) A soil management report shall be completed by the project applicant, or their designee, as follows:
(1) Submit soil samples to a laboratory for analysis and recommendations. (A) Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants. (B) The soil analysis shall include:
(i) soil texture;
(ii) infiltration rate determined by laboratory test or soil texture infiltration rate table; (iii) pH;
(iv) total soluble salts;
(v) sodium;
(vi) percent organic matter; and
(vii) recommendations.
(C) In landscape projects with multiple landscape installations (i.e., production home developments) a soil sampling rate of 1 in 7 lots or approximately 15% of the total number of lots will satisfy this requirement.
(i) Large landscape projects shall sample at a rate equivalent to 1 in 7 lots. (D) The project applicant, or their designee, shall comply with one of the following:
(i) If significant mass grading is not planned, the soil management report shall be submitted to the local agency as part of the Landscape Documentation Package; or (ii) If significant mass grading is planned, the soil management report shall be submitted to the local agency as part of the Certificate of Completion.
(E) The soil management report shall be made available, in a timely manner, to the professionals preparing the landscape design plans and irrigation design plans to make any necessary adjustments to the design plans.
(F) The project applicant, or their designee, shall submit documentation verifying implementation of soil management
9-10-511.2 Grading Design Plan.
(a) Grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted by the project applicant as part of the Landscape Documentation Package. A comprehensive grading plan approved by the local agency for other local agency permits satisfies this requirement.
(1) A landscape grading plan that indicates finished configurations and elevations of the landscape area, including:
(A) height of graded slopes;
(B) drainage patterns;
(C) pad elevations;
(D) finish grade; and
(E) stormwater retention improvements, if applicable.

Item 7.4
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ATTACHMENT A
88 (2) To prevent excessive erosion and runoff, it is highly recommended that project applicants:
(A) grade so that all irrigation and normal rainfall remains within property lines and does not drain on to non-pervious hardscapes;
(B) avoid disruption of natural drainage patterns and undisturbed soil; and (C) avoid soil compaction in landscape areas.
(3) The grading design plan shall contain the following statement: “I have complied with the performance compliance option criteria of the MWELO and applied them accordingly for the efficient use of water in the grading design plan.” and shall bear the signature of a licensed professional as authorized by law.
9-10-511.3 Irrigation Design Plan.
(a) This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers’ recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the Landscape Documentation Package. (b) Irrigation System Efficiency.
(1) The irrigation system must be designed and installed to meet, at a minimum, the irrigation efficiency criteria as described in Section 9-10-512 regarding the Maximum Applied Water Allowance. (2) For the purpose of determining Estimated Total Water Use, average irrigation system efficiency is assumed to be: (A) 0.75 for overhead irrigation systems; and (B) 0.81 for drip irrigation systems. (3) Sprinkler head spacing shall be designed to achieve the highest possible distribution uniformity using the manufacturer's recommendations. Head-to-head coverage is recommended. (c) The irrigation design plan, at a minimum, shall contain the following:
(1) location and size of separate water meters and submeters; (2) location, type, and size of all components of the irrigation system, including controllers, main and lateral lines, valves, emission devices, moisture sensing devices, rain sensors, quick couplers, pressure regulating devices, and backflow prevention devices;
(3) static water pressure at the point of connection to the public water supply; (4) flow rate (gallons per minute), application rate (inches per hour), and design operating pressure (pressure per square inch) for the emission devices controlled by each station; (5) identification of special landscape areas irrigated with and water features using recycled water; (6) identification of any applicable graywater discharge piping, system components, and landscape areas where graywater is distributed;
(7) Identification of hydrozone areas shall be designated by number, letter, or other designation as identified on the landscape design plan. Designate the areas irrigated by each valve and assign a number to each valve using the Water Efficient Landscape Worksheet (see Appendix A). This table can also assist with the irrigation audit and programming the controller. (A) Each valve shall irrigate a hydrozone, or part of a hydrozone, with similar site, slope, sun exposure, soil conditions, and plant materials with similar water use. (8) the following statement: “I have complied with the performance compliance option criteria of the MWELO and applied them accordingly for the efficient use of water in the irrigation design plan.”; and
(9) the signature of the designer of record. (See Division 3, Chapter 3.5, Article 3 of the Business and Professions Code).
(d) General Design Criteria.

Item 7.4
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ATTACHMENT A
89 (1) Backflow prevention devices shall be required to protect the water supply from contamination by the irrigation system as specified in the California Plumbing Code (Cal. Code Regs., Title 24, Part 5, Chapter 6). A project applicant shall refer to the applicable local agency code (i.e., public health) for additional backflow prevention requirements.
(2) The design of the irrigation system shall conform to the hydrozones of the landscape design plan. (3) Emission devices shall be selected based on what is appropriate for the plant type within that hydrozone.
(4) Where feasible, trees shall be placed on separate stations from hydrozones that include shrubs, groundcovers, and turfgrass to facilitate the appropriate irrigation of trees. The mature size and extent of the root zone shall be considered when designing irrigation for the tree. (5) In mulched planting areas, the use of low-pressure and low volume irrigation systems is required to maximize water infiltration into the root zone.
(6) Areas less than 10 feet in width in any direction shall be irrigated with subsurface irrigation or other means that produces no water waste, runoff, or overspray. (7) Individual hydrozones that use a mix of plants with low and moderate plant factors, or moderate and high plant factors, may be allowed if the plant factor used in the calculation of the estimated water use (EWU) is either:
(A) plant factor calculation is based on the proportions of the respective plant factors; or (B) the highest plant factor is used.
(8) Individual hydrozones that use a mix of plants with high and low plant factors shall not be permitted.
(9) Relevant information from the soil management plan, such as soil type and infiltration rate, shall be utilized when designing irrigation systems.
(10) Overhead irrigation shall not be permitted within 24 inches of any nonpervious surface.

Allowable irrigation within the setback from non-permeable surfaces may include drip irrigation, or other low flow non-spray technology. The setback area may be planted or unplanted. The surfacing of the setback may be mulch, gravel, or other porous material. These restrictions may be modified if:
(A) no runoff occurs; or
(B) the adjacent non-pervious surfaces are designed and constructed to drain entirely to landscaping; or
(C) the irrigation designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates strict adherence to the prevention of water waste.

Prevention of overspray and runoff must be confirmed during the irrigation audit. (11) Restrictions regarding overspray and runoff in any irrigation system may be modified if:
(A) the landscape area is adjacent to pervious surfacing and no runoff occurs; or (B) the adjacent non-pervious surfaces are designed and constructed to drain entirely to landscaping; or
(12) Slopes greater than 25% shall not be irrigated with an irrigation system using an application rate exceeding 0.75 inches per hour.
(A) This restriction may be modified if the landscape designer specifies an alternative design or technology, as part of the Landscape Documentation Package, and clearly demonstrates no runoff or erosion will occur. Prevention of runoff and erosion must be confirmed during the irrigation audit. (13) It is highly recommended that the project applicant or local agency inquire with the local water purveyor about peak water operating demands (on the water supply system) or water restrictions that may impact the effectiveness of the irrigation system.
(e) Irrigation System Components.
(1) Meters.

Item 7.4
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ATTACHMENT A
90 (A) Pursuant to California Water Code section 535, a water purveyor with 15 or more service connections shall install a dedicated irrigation meter(s) for new retail water service to a property with more than 5,000 sq. ft. of irrigated landscape excluding single-family residential connections and connections for the commercial production of agricultural crops or livestock. (B) For the purposes of this model ordinance, a submeter or dedicated irrigation meter shall be installed and may be used to assist with leak detection and water management for:
(i) non-residential landscapes with an irrigated landscape of 1,000 sq. ft. but not more than 5,000 sq. ft.
(ii) residential landscapes with an irrigated landscape of 5,000 sq. ft. or more. (2) Water Pressure.
(A) Static water pressure, dynamic or operating pressure, and flow reading of the water supply shall be measured at the point of connection. These pressure and flow measurements shall be conducted at the design stage. If the measurements are not available at the design stage, the measurements shall be conducted at installation.
(B) If the static pressure is above or below the required dynamic pressure of the irrigation system, pressure-regulating devices such as inline pressure regulators, booster pumps, or other devices shall be installed to meet the required dynamic pressure of the irrigation system. (C) If the water pressure is below or exceeds the recommended pressure range of the specified emission devices, the installation of a pressure-regulating device is required to ensure that the dynamic pressure at each emission device is within the manufacturer’s recommended pressure range for optimal performance.
(f) Water Waste Prevention Equipment.
(1) The irrigation system shall be designed to prevent water waste. (2) Master shut-off valves are required on all projects except landscapes that make use of technologies that allow for the individual control of sprinklers that are individually pressurized in a system equipped with low pressure shut down features.
(3) Manual shut-off valves (such as a gate valve, ball valve, or butterfly valve) shall be required, as close as possible to the point of connection of the water supply, to minimize water loss in case of an emergency (such as a break in the pressurized pipeline that delivers water from the water source to the valve or outlet) or routine repair.
(4) Check valves or anti-drain valves are required on all sprinkler heads where low point drainage could occur.
(5) Swing joints or other riser-protection components are required on all risers subject to damage that are adjacent to hardscapes or in high traffic areas of turfgrass. (6) Flow sensors that detect high flow conditions created by system damage or malfunction are required for all on non-residential landscapes and residential landscapes of 5000 sq. ft. or larger. (g) Emission Devices.
(1) Emission devices shall have matched precipitation rates, unless otherwise directed by the manufacturer’s recommendations.
(2) All irrigation emission devices must meet the requirements set in the American National Standards Institute (ANSI) standard, American Society of Agricultural and Biological Engineers’/International Code Council’s (ASABE/ICC) 802-2020 “Landscape Irrigation Sprinkler and Emitter Standard,” which is herein incorporated by reference. (A) All overhead irrigation systems installed in the landscape must document a low quarter distribution uniformity of 0.65 or higher using the protocol defined in ASABE/ICC 802-2020 (3) Non-rotating spray sprinkler bodies are required to meet standards described in California Code of Regulations, Title 20, Division 2, Chapter 4, Section 1605.3(x). (h) System Controls.

Item 7.4
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ATTACHMENT A
91 (1) Automatic irrigation controllers utilizing either evapotranspiration or soil moisture sensor data utilizing non-volatile memory shall be required for scheduling irrigation events. (2) Sensors (rain, freeze, wind, etc.), either integral or auxiliary, that suspend or alter irrigation operation during unfavorable weather conditions shall be required on all irrigation systems, as appropriate for local climatic conditions. Irrigation should be avoided during windy or freezing weather or during rain.
9-10-512 Water Efficient Landscape Worksheet.
(a) A project applicant shall complete the Water Efficient Landscape Worksheet, which compares the landscape project's Estimated Total Water Use (ETWU) with the Maximum Applied Water Allowance (MAWA). ETWU must be equal to or below the MAWA.
(1) The MAWA is calculated based on the maximum ETAF allowed for the landscape project and is expressed as annual gallons allowed. The maximum ETAF allowed is:
(A) 0.55 for residential regular landscape areas,
(B) 0.45 for non-residential regular landscape areas,
(C) 1.0 for new and existing (non-rehabilitated) Special Landscape Areas. (b) The ETWU is the sum of estimated water use (EWU) for each hydrozone. The evapotranspiration adjustment factor (ETAF) for each hydrozone is based on the plant factor and the average irrigation system efficiency. EWU is calculated using the ETAF, regular landscape areas, and the special landscape areas.
(c) In calculating the Maximum Applied Water Allowance and Estimated Total Water Use, a project applicant shall use the ETo values from the Reference Evapotranspiration Table in Appendix C. For geographic areas not covered in Appendix C, use data from other cities located nearby in the same reference evapotranspiration zone, as found in the CIMIS Reference Evapotranspiration Zones Map, Department of Water Resources, 1999, which is herein incorporated by reference. (d) Water budget calculations shall adhere to the following requirements:
(1) The plant factor used shall be from WUCOLS or from horticultural researchers with academic institutions or professional associations as approved by the California Department of Water Resources.

The plant factor ranges are:
(A) less than 0.1 for very low water using plants,
(B) 0.1 to 0.3 for low water use plants,
(C) 0.4 to 0.6 for moderate water use plants, (D) 0.7 to 1.0 for high water use plants. (2) All water features shall use the high water use plant factor in the water budget calculations. (3) Temporarily irrigated areas shall use the low water use plant factor in the water budget calculations.
(4) All Special Landscape Areas (SLA) shall be identified in the Landscape Design Plan (Section 9-10- 511(c)) and the Irrigation Design Plan (Section 9-10-511.3) and their water use calculated as shown in Appendix A.
(5) A local agency may consider Effective Precipitation (Eppt) (25% of annual precipitation) in tracking water use and may use the following equation to calculate Maximum Applied Water Allowance:
[(A) Residential landscapes: MAWA = (ETo - Eppt) x (0.62) x [0.55 x RLA + 1.0 x SLA].] [(B) Non-residential landscapes: MAWA = (ETo - Eppt) x (0.62) x [0.45 x RLA + 1.0 x SLA].] 9-10-513 Irrigation Scheduling.
(a) All irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health and prevent water waste. Irrigation schedules shall meet the following criteria:
(1) Irrigation scheduling shall be regulated by automatic irrigation controllers.

Item 7.4
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ATTACHMENT A
92 (2) Parameters used to set the automatic irrigation controller shall be developed and submitted with the Certificate of Completion for each of the following:
(A) the plant establishment period;
(B) the established landscape; and
(C) temporarily irrigated areas.
(3) Each irrigation schedule shall consider for each station all of the following parameters that apply:
(A) irrigation interval (days between irrigation events); (B) irrigation run times (hours or minutes per irrigation event to avoid runoff and prevent water waste);
(C) number of cycle starts required for each irrigation event to avoid runoff and prevent water waste;
(D) amount of applied water scheduled to be applied on a monthly basis; (E) application rate setting;
(F) root depth setting;
(G) plant type setting;
(H) soil type;
(I) slope factor setting;
(J) shade factor setting; and
(K) distribution uniformity or irrigation efficiency setting. (4) Overhead irrigation systems shall be scheduled between 8:00 p.m. and 10:00 a.m., unless weather conditions prevent it. If the local agency or water purveyor has watering windows that are different or longer, the stricter of the two shall apply. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance. (5) Total annual applied water shall be less than or equal to Maximum Applied Water Allowance (MAWA).
(A) Actual irrigation schedules shall be regulated by automatic irrigation controllers using current reference evapotranspiration data (e.g., CIMIS) or soil moisture sensor data. (B) For implementation of the irrigation schedule, carefully consider the irrigation run times, emission device, flow rate, and current reference evapotranspiration, so that applied water does not exceed the Estimated Total Water Use.
9-10-514 Landscape and Irrigation Maintenance Schedule. (a) Landscapes shall be maintained to ensure water use efficiency. A regular landscape and irrigation maintenance schedule shall be submitted with the Certificate of Completion Package. (b) A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment, and repair of the irrigation system and its components; aerating and dethatching turfgrass areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas; and removing obstructions to emission devices.
(c) Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.
(d) Repair of all irrigation equipment shall be done with replacement parts for the originally installed components or their equivalents, or with components that improve the average irrigation system efficiency.
(e) A project applicant is encouraged to implement established landscape industry sustainable Best Practices for all landscape maintenance activities.

Item 7.4
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ATTACHMENT A
93 9-10-515 Irrigation Audit.
(a) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

Landscape irrigation audits shall not be conducted by the person who designed the landscape or installed the landscape.
(b) In large landscape projects or landscape projects with multiple landscape installations (i.e., production home developments) an auditing rate of 1 in 7 individual lots or approximately 15% of the total number of individual lots will satisfy this requirement. (c) For new construction and rehabilitated landscape projects installed after December 1, 2015:
(1) the project applicant shall submit an irrigation audit report with the Certificate of Completion Package to the local agency that may include, but is not limited to, inspection, system tune-up, system test with distribution uniformity, and reporting overspray or run off that causes overland flow; and (2) the local agency shall administer programs that may include, but not be limited to, irrigation water use analysis, irrigation audits, and irrigation surveys for compliance with the Maximum Applied Water Allowance.
9-10-516 Certificate of Completion Package
The Certificate of Completion Package is completed by the project applicant or their designee to certify that the landscape project has been installed in accordance with the Model Water Efficient Landscape Ordinance.
(a) Prescriptive Compliance Option. The Certificate of Completion Package (see Appendix B for a sample certificate) shall include:
(1) a certificate of completion limited to:
(A) Project Information Sheet (Appendix B — Element 1); (B) Certificate of Installation according to the Landscape Documentation Package (Appendix B — Element 2);
(C) addressing applicable parameters as described in Section 9-10-513(a)(3) (Appendix B — Element 4); and
(D) landscape and irrigation maintenance schedule (Appendix B — Element 5). (b) Performance Compliance Option. The Certificate of Completion Package (see Appendix B for a sample certificate) shall include the following six (6) elements:
(1) project information sheet that contains:
(A) date the project information sheet is completed;
(B) project name;
(C) project applicant name, telephone, and mailing address; (D) project address and location; and
(E) property owner name, telephone, and mailing address. (2) certification by the designer of record that the landscape project has been installed per the approved Landscape Documentation Package (see Section 9-10-511(b)); (A) where there have been significant changes made in the field during construction, the “as-built” or record drawings shall be included with the certification; (B) A diagram of the irrigation plan showing hydrozones shall be kept with the automatic irrigation controller for subsequent management purposes.
(3) soil management report, if not submitted with Landscape Documentation Package, and documentation verifying implementation of soil report recommendations (see Section 9-10-511.1); (4) irrigation scheduling parameters used to set the automatic irrigation controller (see Section 9-10- 511.3);
(5) landscape and irrigation maintenance schedule (see Section 9-10-514); (6) irrigation audit report (see Section 9-10-515); and Item 7.4
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ATTACHMENT A
94 (c) Submittal. The project applicant shall:
(1) submit the signed Certificate of Completion Package to the local agency for review; and (2) ensure that copies of the approved Certificate of Completion Package are submitted to the local water purveyor and property owner or their designee, unless the property owner is the project applicant.
(d) Action on Submittal. The local agency shall:
(1) receive the signed Certificate of Completion Package from the project applicant; and (2) approve or deny the Certificate of Completion Package. If the Certificate of Completion Package is denied, the local agency shall provide information to the project applicant regarding reapplication, appeal, or other assistance.
9-10-517 Modification of Requirements.

The requirements of this Chapter may be modified by the Director in cases where it is demonstrated that an alternative to said requirements would meet the intent of this Chapter and result in an equal or greater amount of landscaping. Decisions of the Director pursuant to this Section may be appealed using the Staff Review with Notice Procedure set forth in Chapter 4 of Division 2.

Item 7.4
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ATTACHMENT A
95 Exhibit E
DIVISION 17 SIGNS
CHAPTER 1 SIGN REGULATIONS
9-17-101 Purpose of Chapter.

The purpose of this chapter is to provide standards to regulate the size, height, design, quality of materials, construction, location, lighting, and maintenance of signs and sign structures not enclosed within a structure, in order to accomplish the following objectives:
(a) To bring harmony to the presentation of marketing, community, and public safety information in a wide variety of possible signage that safeguards life, health, and property values and preserves and enhances the character and aesthetics of the Mountain House community; (b) To provide guidance to applicants in integrating their proposed signage into the fabric of the built environment of the community, thereby encouraging signs that are well designed and pleasing in appearance;
(c) To provide a reasonable and comprehensive system of sign controls; (d) To provide fair and equal treatment of sign users;
(e) To provide maximum public convenience by properly directing people to various activities ; and, (f) To promote public safety by providing that official traffic regulation devices are easily visible and free from nearby visual obstructions, including blinking signs, excessive number of signs, or signs resembling official traffic signs.
9-17-102 Definitions.

For the purposes of this chapter, the following definitions of signs, sign types, and related terms shall apply:

Abandoned Sign. “Abandoned sign” means any of the following: 1) a sign that is located on property that becomes vacant or unoccupied for a period of three (3) months; 2) a sign that advertises a business, lessor, owner, product, service, or activity that is no longer on the premises where the sign is displayed; or 3) a sign that has not been maintained for a period in excess of 30 days following legal notice to the owner of the property and/or owner of the advertising display, or tenant on whose property the advertising display is located that the sign does not meet minimum maintenance standards, as determined by the Director.

Adopted Mountain House Planning Documents. “Adopted Mountain House planning documents” means the Master Plan, Specific Plan I, Specific Plan II, Specific Plan III, the Special Purpose Plans and Title 9, which have been adopted by the City of Mountain House.

Advertising Sign. “Advertising sign” means any sign that provides copy intended to attract customers to purchase a product or service.

Alteration. “Alteration” means any change of copy, sign face, color, size, shape, illumination, position, location, construction, or supporting structure of any sign.

Animated or Moving Sign. “Animated or moving sign” means any sign which uses movement, lighting, or special materials to depict action or create a special effect to imitate movement, excluding animated signs where time and temperature are indicated by electronic or mechanical means. Does not include Digital and/or Electronic Signs or Message Display signs.

Awning Sign. “Awning sign” means any sign copy or logo painted, printed, stenciled, sewn, or stained into the surface of an awning.

Banner, Flag, or Pennant. “Banner, flag or pennant” means any cloth, bunting, plastic, paper, or similar non-rigid material used for advertising purposes attached to any structure, staff, pole, line, framing, or vehicle, not including official flags of the United States, the State of California, and other Item 7.4
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ATTACHMENT A
96 states of the nation, counties, municipalities, official flags of foreign nations and nationally or internationally recognized organizations.

Beacon or Searchlight. “Beacon” or “Searchlight” means any ground-mounted source of illumination that is projected in any direction(s) and that is intended to attract attention for purposes of advertising any location(s), business(es) or product(s).

Bench Sign. “Bench sign” means copy painted on any portion of a bench.

Building Complex. “Building complex” means a development of two (2) or more buildings or tenants or uses that are intended to function in a joint manner regardless of sequence of buildout, that may be situated one (1) or more lots or parcels, and that may include, but are not limited to, shared parking facilities, reciprocal access, and common building design.

Business Identification Sign. “Business identification sign” means a sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and provides no other advertisements or product identification.

Cabinet Sign. “Cabinet sign” means a sign mounted on a building that contains internal lighting or backlighting.

Canopy Sign. Refer to “Marquee Sign.”
Changeable Copy Sign. “Changeable copy sign means a sign designed to allow the changing of copy through manual, mechanical, or electrical means including time and temperature.

Clear-Vision Triangle. “Clear-vision triangle” means the required clear visibility area, unobstructed by any sign structure over three (3) feet in height, created by drawing an imaginary line between two points 30 feet back from where the curb lines of a corner lot intersect.

Community Amenity. “Community amenity” means a site, structure, feature, habitat, or point of interest, within Mountain House, of cultural, historical, archaeological, or paleontological importance or value to the community.

Community Gateway Sign. “Community gateway sign” means a monument sign or freestanding sign, owned by the MHCSD, and placed within the entry landscape area of the MHCSD's right-of-way, identifying Mountain House as a distinct destination and serving as a major entry point or gateway into the community.

Directional Sign. “Directional sign” means a monument sign or freestanding sign that is designed and erected solely for the purposes of directing vehicular and/or pedestrian traffic within a business complex, shopping center, or project area, where said sign is located; or a sign directing vehicular and/or pedestrian traffic to a business or use located off-site and not in a reasonable vicinity of said sign.

Double-Faced Sign. “Double-faced sign” means a sign constructed to display its message on the outer surfaces of two (2) identical and/or opposite parallel planes.

Freestanding Sign. “Freestanding sign” means any non-moveable sign not affixed to a building that is supported by one (1) or more uprights, braces, columns, or similar structural components placed on or into the ground, and that has a clearance from the ground of two (2) feet or less.

Freeway-Oriented Sign. “Freeway-oriented sign” means a sign that is designed to be viewed by occupants of vehicles traveling on Interstate 205 freeway that advertises businesses located within the Mountain House Business Park.

Garage Sale Sign. “Garage sale sign” means a sign with a message advertising the resale of personal property that has been used by the resident.

Illegal Sign. “Illegal sign” means a sign which includes any of the following: (1) a sign erected without first complying with all regulations in effect at the time of its construction or use; (2) a sign that was legally erected, but whose use has ceased, the structure upon which the display is placed has been abandoned by its owner, or the sign is not being used to identify or advertise an ongoing business for a period of not less than 90 days; (3) a sign that was legally erected but which later became nonconforming as a result of the adoption of an ordinance, the amortization period for the display Item 7.4
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