Division 10 constitutes the Development Regulations. The intent of this Division is to specify the nature, components, and use of development regulations and to establish regulations regarding physical character, intensity and other impacts of development.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to control the maximum height of buildings and other structures within all zoning districts.

(Ord. 2024-18, § 1(Exh. A), 2024)

The maximum heights of buildings and structures are set forth in the regulations for each zone.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Additional Height Allowed for Public and Quasi-Public Buildings. Public and quasi-public buildings, when authorized in a zone, may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each otherwise established setback line at least one (1) foot for each additional foot of building height above the maximum height limit for the zone in which the building is erected;

(b)

Additional Height Allowed for Other Buildings and Structures. Provided no space above the height limit is allowed for the purpose of providing additional floor space and no heights are permitted above the maximum allowed under any County Ordinance relating to airports, the following structures may be erected above the height limits prescribed in this Title:

(1)

Penthouse or roof structures for the housing of:

(A)

Elevators,

(B)

Stairways,

(C)

Tanks,

(D)

Ventilating fans, or

(E)

Similar equipment required to operate and maintain the building.

(2)

Fire or parapet walls,

(3)

Skylights,

(4)

Towers,

(5)

Steeples,

(6)

Flagpoles,

(7)

Chimneys,

(8)

Smokestacks,

(9)

Watertanks,

(10)

Wireless or television masts,

(11)

Theatre lofts,

(12)

Silos,

(13)

Windmills,

(14)

Wind turbine generators, or

(15)

Similar structures.

(c)

Height Permitted for Accessory Buildings. All buildings that are accessory to dwelling units in the AG, AL, ARM, RR and RVL zones shall meet the following criteria:

(1)

The accessory building shall be considered as an accessory use to the residence for the owner's use. Rental of the facility shall be prohibited,

(2)

The accessory building shall be equal to or smaller in floor area than the principal dwelling unit,

(3)

The accessory building setbacks shall be the same as the main building when the accessory building exceeds eighteen (18) feet in height, and

(4)

The height of the accessory building shall be equal to or less than that of the principal building.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Chapter shall apply whenever:

(a)

A new building is constructed;

(b)

An existing building, including a nonconforming structure is enlarged; or

(c)

The use of the site or the use of the building is changed.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

The yard standards are set forth in the regulations for each zone.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Architectural Features. All yards shall comply with the following requirements:

(1)

Fire Escapes. Fire escapes shall not extend or project into any front, side, or rear yard more than four (4) feet.

(2)

Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by a roof or canopy, shall not extend or project into a required rear yard more than four (4) feet, and such balconies and stairways shall not extend into a required front yard more than thirty (30) inches.

(3)

Porches. Uncovered and unenclosed porches, platforms, or landing places which do not extend above the level of the first floor of the building shall not extend into any required front, side, or rear yard more than six (6) feet; however, any open work railing, not 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 the California Building Code, may be located in the required rear yard, provided that no portion of said patio cover shall be within three (3) feet of the rear or side property lines.

(5)

Eaves, Roof Overhangs, and Similar Features. Eaves, roof overhangs, and other similar architectural features may extend into any required front, rear, or side yard up to:

(A)

Thirty (30) inches maximum, but in no case closer than thirty (30) inches to the property line, for side, front, or rear yards of ten (10) feet or less;

(B)

Four (4) feet maximum for a side, front, or rear yard over ten (10) feet; except that such features may extend up to ten (10) feet into a side, front, or rear year in areas zoned commercial.

(6)

Fireplaces, Air Conditioning Units, Water Softening Units. Fireplace structures, air conditioning units, and water softening units may extend into the required yard areas to a maximum distance of thirty (30) inches, but in no case closer than thirty (30) inches to the property line.

(b)

Pools and Spas. Pools and spas shall not be located closer than three (3) feet from any side or rear property line. On corner lots, no pool or spa shall be located closer than the minimum depth required for the street side yard.

(c)

Carports and Garages. Where a lesser setback would be permitted by other Sections of this Title, carports and garages, or vehicular entrances to structures, shall be set back at least fifteen (15) feet from any public roadway.

(d)

Accessory Buildings in Rear Yard. Single-story accessory buildings, except second unit dwellings, located in the rear one-third (⅓) of a parcel may be located within three (3) feet of the rear or side property line, provided such single-story accessory building is at least ten (10) feet from any dwelling on an adjacent lot.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to regulate parking and loading in order to lessen traffic congestion and contribute to public safety by providing sufficient on-site areas for the maneuvering and parking of motor vehicles that are attracted to, and generated by, land uses within the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Section shall apply throughout this Chapter.

(a)

Applicability of Chapter. The provisions of this Chapter shall apply whenever:

(1)

A new building is constructed;

(2)

An existing building, including a legal nonconforming structure, is enlarged for any purpose; or

(3)

The use of any building is changed.

(b)

Computation of Required Parking. Whenever the computation of the number of off-street parking spaces required by this Chapter results in a fractional parking space, one (1) additional parking space shall be required for a fractional space of one-half (½) or more. A fractional space of less than one-half (½) shall not be counted.

(c)

Parking Not Required. Floor area devoted exclusively to parking shall have no off-street parking requirements.

(d)

Motorcycle and Bicycle Spaces. For every four (4) motorcycle or six (6) bicycle parking spaces provided, a credit of one (1) parking space shall be given toward the requirements of this Chapter, provided, however, that the credit for each shall not exceed one-fortieth ( 1/40 ) of the total number of automobile spaces required.

(e)

Front Yard Parking. Parking spaces necessary to meet off-street parking requirements shall not be permitted within the required front yard setback of a residential unit, except as approved by a discretionary permit.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Applicability. All development in the Mountain House New Town shall conform to the parking requirements specified in Table 9-10-2.1.

(b)

Requirements Cumulative.

(1)

Whenever more than one (1) use type is proposed for a given project, the parking spaces calculated for each use type shall be summed to determine total minimum and maximum spaces needed for said project.

(2)

Where more than one (1) parking requirement is specified for a given use type, the parking spaces calculated and corresponding to each requirement shall be summed to determine total minimum and maximum spaces for that use type.

(c)

Spaces Based on Square Footage. The square footage requirements used in Table 9-10-2.1 to calculate parking spaces refer to the total enclosed areas of all buildings on the lot, but excludes the area of spaces having a height of less than seven (7) feet and the area used exclusively for parking and loading.

(d)

Spaces Based on Employees. The employee requirements used in Table 9-10-2.1 to calculate parking spaces refer to the maximum number of employees who could be working at one time when the facility is operating at full capacity.

(e)

Spaces Required When Use Type Not Specified. Whenever the use type for a proposed project is not specified or is unknown, the Director shall determine which use type parking standard to apply in calculating the required parking spaces for said project.

(Ord. 2024-18, § 1(Exh. A), 2024)

Required parking spaces shall be located as follows:

(a)

On Same or Adjacent Lot. For dwellings, motels, automobile-oriented services, schools, and all uses in the I-T, I-P, and I-L 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.

(b)

Other Uses. For uses not listed in Subsection (a), required parking spaces shall be located within three hundred (300) feet of the lot on which the main building is located.

(c)

Not Within Specified Yards. Parking spaces required for dwellings shall not be located within any required front or side yard.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following design standards are prescribed for the development of off-street parking facilities:

(a)

Parking Lot Design. Parking lot design and dimensions shall be in accordance with the Mountain House Design Manual.

(b)

Parking Spaces: Size. Parking spaces shall have the following dimensions:

(1)

Stalls. Each parking stall shall be an unobstructed rectangle, minimum nine (9) feet wide and twenty (20) feet long except for parallel stalls, which must be nine (9) feet wide by twenty-six (26) feet long.

(2)

Reduction of Required Length. Where a concrete curb around a planter in a parking lot functions as a wheel stop, the required length of a parking space abutting such curb may be reduced by a maximum of two (2) feet, provided that the planter is at least five (5) feet wide.

(3)

The Director may approve a reduction in standard parking stall dimensions for all parking spaces to serve both full-sized and compact cars. Said parking stalls shall not be less than eight and one-half (8½) feet by eighteen (18) feet.

(c)

Compact Spaces. If parking stalls are not designed to accommodate both full-sized and compact cars, as specified in (b)(3), compact spaces shall comprise a minimum of twenty-five percent (25%) of the total parking spaces required. Compact parking spaces shall comply with the following provisions:

(1)

Stalls shall be a minimum seven and one-half (7½) feet wide and sixteen (16) feet long;

(2)

Parallel parking stalls must be a minimum nineteen (19) feet long;

(3)

Each approved space shall be individually designated as a compact space;

(4)

Signs shall be provided to indicate the location of compact parking spaces, as required by the City Engineer;

(5)

For multiple-family projects containing five (5) or more dwelling units, no more than twenty-five (25) percent of required parking spaces shall be compact stalls; and

(6)

For nonresidential uses requiring twenty (20) or more spaces, no more than twenty-five (25) percent of required parking spaces shall be compact stalls.

(d)

Parking Spaces for Carpools. In areas zoned for Public, Office Commercial (C-O) or Industrial uses, a minimum of ten percent (10%) of all parking areas with more than ten (10) spaces shall be allocated to carpool vehicles and cleaner fuel vehicles. Said spaces shall be located close to building entrances.

(e)

Passenger Loading Areas for Rideshare Vehicles. In areas zoned for Public, Office Commercial (C-O) or Industrial uses, passenger-loading areas for ridesharing vehicles shall be located near the main employee entrances to buildings.

(1)

For every two hundred (200) parking spaces provided, one (1) ridesharing vehicle space, measuring nine (9) feet by twenty (20) feet, shall be provided.

(2)

The area set aside for the ridesharing vehicle shall be covered and signed.

(3)

Carpool vehicles may use the ridesharing vehicle space, but said use shall be limited to passenger drop-off and pickup only.

(f)

Striping. All parking stalls and directional arrows shall be delineated with paint.

(g)

Surfacing. Except as provided in subsection (e)(1) of this section all permanent parking lots (which include parking spaces, driveways, and maneuvering areas) in all zoning districts shall be surfaced and permanently maintained with asphalt concrete or Portland cement concrete to provide a durable dust-free surface. Ingress and egress areas that connect to a paved road or highway shall also be surfaced and permanently maintained with asphalt concrete or Portland cement concrete to provide a durable dust-free surface. Bumper guards and/or wheel stops shall be provided when necessary to protect adjacent structures or properties.

(1)

Exemptions. The following sections shall identify surfacing requirements for the following uses:

(A)

Special use regulations for truck terminal projects pursuant to Section 9-5-207 of this Title;

(B)

Produce stands pursuant to Section 9-10-1603(h);

(C)

Small agricultural stores pursuant to Section 9-10-1604(h); and

(D)

Large agricultural stores pursuant to Section 9-10-1605(h).

(2)

Alternative Surfacing Materials. At the discretion of the Review Authority, alternative surfacing materials may be used in combination with an asphalt concrete or portland cement concrete driveway for the following uses:

(A)

Truck parking in agricultural zones as permitted in Table 9-6-2.2;

(B)

Seasonal businesses in agricultural zones as permitted in Table 9-6-2.3;

(C)

Recreational vehicle storage as permitted under the Automotive Sales and Services use type;

(D)

Operable vehicle storage as specified in Table 9-4-2.1 or Table 9-5-2.1 or Table 9-7-2.1;

(E)

Storage yards as permitted under the Personal Storage use type specified in Table 9-4-2.1 or Table 9-5-2.1 or Table 9-7-2.1; and

(F)

Parking spaces for single-family residences only, as specified in Table 9-10-2.1(a).

(h)

Landscaping and Screening. All open parking areas shall be landscaped and/or screened according to the standards set forth in Chapter 5 of Division 10.

(i)

Lighting. All off-street parking areas within commercially-zoned projects, and projects where the parking area is used at night, shall be provided with exterior lighting which meets the following minimum standards:

(1)

Parking lot luminaries shall be metal halide with ninety (90) degree cut-off and flat lenses, unless specified differently in the applicable Mountain House Design Manual.

(j)

Access. Access to parking areas shall be provided as follows:

(1)

Access driveways shall have a width of no less than twenty-four (24) feet for two-way aisles and sixteen (16) feet for one-way aisles, except that in no case shall driveways designated as fire department access be less than twenty (20) feet wide.

(k)

Parking Aisles. The minimum dimensions for parking aisles (the space required for maneuvering vehicles within a parking lot) shall be as set forth in Figure 9-10-205.

(Ord. 2024-18, § 1(Exh. A), 2024)

Parking and loading space for trucks shall be provided as set forth in this Section.

(a)

Commercial Uses. For commercial uses, one (1) space shall be provided for every use with three thousand (3,000) square feet of gross floor area or more.

(b)

Industrial Uses. For industrial uses, spaces shall be provided as follows:

(1)

One (1) space shall be required for each use having three thousand (3,000) to twenty thousand (20,000) square feet of gross floor area;

(2)

Two (2) loading spaces shall be required for each use having twenty thousand (20,000) to forty thousand (40,000) square feet of gross floor area; and

(3)

For each twenty thousand (20,000) square feet of gross floor area, or major fraction thereof, over forty thousand (40,000) square feet of gross floor area, one (1) loading space shall be required.

(c)

Design Standards. Design of required spaces shall be as follows:

(1)

Spaces shall be a minimum twenty-five (25) feet in length and fifteen (15) feet in width, and shall have minimum height clearance of fourteen (14) feet;

(2)

Spaces shall be provided and maintained on the same lot as the commercial or industrial use creating the need therefor;

(3)

Spaces shall not interfere with vehicular circulation or parking, or with pedestrian circulation; and

(4)

On-site driveways and maneuvering areas may be used in lieu of one (1) of the off-street loading spaces required by this Section, as long as maneuvering areas for delivery vehicles are provided.

(d)

Areas for receiving and loading of materials on the premises of commercial and industrial uses shall be located away from the public street to which the use is oriented.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Each industrial and commercial site shall provide secure bicycle facilities, consisting of bicycle lockers or racks as appropriate, free of charge to all employees.

(b)

Bicycle storage for commercial, industrial, office and public uses shall be provided at a rate of five (5) spaces per building complex plus one (1) space for every fifteen (15) automobile parking spaces.

(c)

Office buildings or office complexes that are fifty thousand (50,000) net rentable square feet or larger or that contain one hundred (100) or more employees shall provide at least one (1) shower and seven (7) lockers each for men and women. For every fifteen (15) additional employees over one hundred (100), one (1) additional locker shall be provided. For every one hundred (100) additional employees over one hundred (100), one (1) additional shower shall be provided.

(d)

Secure bicycle storage facilities shall be provided at all park-and-ride lots and the Transit Center.

(Ord. 2024-18, § 1(Exh. A), 2024)

All parking areas and driveways must be completely installed prior to issuance of a Certificate of Occupancy or initiation of use.

(Ord. 2024-18, § 1(Exh. A), 2024)

The requirements of this Chapter may be modified by the Director in cases in which, due to the unusual nature of the establishment proposed or the development proposal submitted for it, the requirements set forth herein may be considered insufficient or excessive. In making the decision, the Director may consider the existence of special transit incentives and services, car pooling programs, and significant use of pedestrian and bicycle access. Decisions of the Director pursuant to this Section may be appealed using the Staff Review with Notice Procedure set forth in Chapter 4 of Division 2. The following additional provisions relative to the modification of parking requirements shall be applicable:

(a)

Mixed-Use District. Within the Mixed-Use Zone, the most recent shared parking guidelines published by the Urban Land Institute may be used as an option to Table 9-10-2.1 to reduce total parking supply.

(b)

Reduction in Specified Minimums. Up to twenty-five percent (25%) reduction in specified minimums for required parking spaces may be approved by the Director.

(c)

Increase in Specified Maximums. Up to ten percent (10%) increase in specified maximums for required parking may be approved by the Planning Commission.

(d)

Deferred Parking. Where the expected need for off-site parking is uncertain, where future phases of a project are yet to be completed, or where there is no available data to establish parking space need, the Director may authorize that construction and provision of not more than fifty percent (50%) of the minimum required spaces specified by this Chapter be deferred, provided the following conditions are met:

(1)

The area where the deferred parking spaces are to be located shall be maintained in reserve and clearly identified on the Site Plan.

(2)

The area where the deferred parking spaces are to be located shall be landscaped, but said landscaping shall not prevent the ultimate provision of the parking spaces which have been deferred.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Accessible Parking. Accessible parking shall comply with the California Building Code and the following provisions:

(1)

The following shall be used to determine the number of accessible parking spaces required:

(2)

The accessible space shall be as near as possible to the primary entrance of the building.

(3)

The accessible space must permit use of either of the vehicle's doors.

(4)

Bumpers are required when no curb barrier is provided to prevent encroachment of cars over walkways.

(5)

Wheelchair users must not be forced to go behind parked cars other than their own.

(6)

When only one space is provided, it shall be a van space, seventeen (17) feet wide, outlined to provide a nine (9) foot wide parking area and an eight (8) foot wide loading and unloading area on the passenger side of the vehicle.

(7)

When more than one (1) space is required, two (2) spaces may be provided within a twenty-three (23) foot wide area, or twenty-six (26) foot wide area including a van space.

(8)

Each parking space is required to be at least eighteen (18) feet long.

(9)

Surface slopes of parking areas for the disabled should be minimal but are required not to exceed one-quarter (¼) inch per foot in any direction.

(10)

Ramps shall not encroach into any parking space.

(11)

When less than five (5) parking spaces are provided at a building or facility, one (1) shall be sized in accordance with item six above but need not be identified for handicapped/disabled use only.

(12)

Each accessible stall must have a permanent DISABLED ACCESS PARKING sign with a minimum size of seventy (70) square inches.

(13)

Freestanding DISABLED ACCESS PARKING signs shall be located at the interior end of the stall and be mounted a minimum of eighty (80) inches above the finished grade.

(14)

Wall-mounted DISABLED ACCESS PARKING signs shall be located at the interior end of the stall and be mounted a minimum of thirty-six (36) inches above the finished grade.

(15)

A sign, not less than seventeen (17) inches by twenty-two (22) inches, shall be located at each entrance to the parking lot, or immediately adjacent to and visible from each stall or space, and state the following:

"Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at the owner's expense. Towed vehicles may be reclaimed at _______ or by telephoning _______."

(16)

The surface of each accessible parking space or stall shall have a surface identification which duplicates either of the schemes:

(A)

By outlining or painting the stall or space in blue and outlining on the ground in the stall or space in white, or suitable contrasting color, a profile view depicting a wheelchair with occupant; or

(B)

By outlining a profile view of a wheelchair with occupant in white or blue background. The profile view shall be located so that it is visible to a traffic enforcement officer when a vehicle is properly parked in the space and shall be thirty-six (36) inches high by thirty-six (36) inches wide.

TABLE 9-10-2.1 MINIMUM AND MAXIMUM PARKING REQUIREMENTS

Other Use Types—As specified in Tables 9-10-201(a) and 9-10-201(b) of the Development Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to prescribe standards for landscaping to protect public security and safety, conserve and protect property, and improve the general appearance of the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

The requirements of this Chapter shall apply to all new commercial and industrial projects, multifamily developments, mobile home parks, planned developments, and model homes. Section 9-10-506 contains specific requirements for residential zones.

(Ord. 2024-18, § 1(Exh. A), 2024)

All landscaping required by this Chapter shall comply with the following provisions:

(a)

General Planting Requirements. Unless otherwise specified, all plantings required by this Chapter shall comply with the following:

(1)

Composition. Landscaping may include natural features such as rock and stone, as well as structural features including, but not limited to, fountains, reflecting pools, and sculptures. Only recirculating water shall be used for decorative water features. Where required, planting shall include the installation and maintenance of no less than one (1) item from each of the following groups:

(A)

Group One: Trees;

(B)

Group Two: Shrubs or Vines; or

(C)

Group Three: Ground Cover, Flowers or Turf.

(2)

Water Efficient Landscape. All new landscaping shall be planned to create a water efficient landscape.

(A)

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.

(B)

Exceptions may be granted for the following areas:

(i)

Homeowner-provided landscaping for single-family and multifamily projects;

(ii)

Cemeteries, schools, and parks;

(iii)

Registered historical sites;

(iv)

Ecological restoration projects, mined-land reclamation projects, and other projects that do not require a permanent irrigation system;

(v)

Areas in need of fire-resistant sections of vegetation; or

(vi)

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.

(3)

Plant Selection.

(A)

Stock Quality. Plants shall be healthy and meet minimum industry standards.

(B)

Selection. Native plants, particularly native trees and shrubs, shall be considered as the first alternative when selecting plants. Plant selection for non-residential development shall be in accordance with the plant list maintained by the City.

(C)

Height Limitations. Plantings, excluding trees, shall extend no more than three (3) feet above any street curb in the following locations:

(i)

Within a thirty (30) foot snipe of a street intersection without a stop sign or stop light;

(ii)

Within a fifty (50) foot snipe of a street intersection containing a stop sign or stop light;

(iii)

Within a fifteen (15) foot snipe of a commercial driveway or alleyway; or

(iv)

Within a ten (10) foot snipe of a residential driveway.

(D)

Trees. When planted, the trees shall be five (5) gallons in size.

(E)

Turf Areas. Areas of turf shall be planted to meet the following requirements:

(i)

Turf shall not be permitted in planted areas ten (10) feet or less in width, or in median strips.

(ii)

Under no circumstances shall turf be installed on slopes greater than twenty percent (20%).

(iii)

Turf shall not be installed within ten (10) feet of the dripline of native oak trees, except for young trees with driplines of less than ten (10) feet.

(iv)

Turf shall be of a variety well suited to the local climate, such as tall fescue.

(F)

Mulch. A minimum of three (3) inches of an organic mulch shall be placed in shrub areas on the soil surface after planting. Nonporous materials shall not be placed under the mulch.

(b)

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).

(c)

Irrigation. Irrigation systems shall be installed for all landscaped areas as follows:

(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.

(d)

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.

(e)

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.

(f)

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.

(g)

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.

(h)

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 ma[terials];

(2)

Lawn and ground cover shall be trimmed and mowed regularly and planting areas shall be kept free of weeds and debris;

(3)

Plantings shall be fertilized, cultivated, and pruned on a regular basis, and good horticultural principles shall be practiced;

(4)

When necessary, plantings shall be appropriately staked, tied, or otherwise supported. Supports shall be regularly monitored to avoid damage to plants;

(5)

All landscaping and related equipment, including, but not limited to, plant material, screening devices, walkways, benches, fountains, and irrigation systems, shall be maintained by the property owner; and

(6)

All required screening materials shall be maintained in good condition and, whenever necessary, repaired or replaced.

(i)

Replacements. When replacing vegetation, native plants, particularly native trees and shrubs, shall be considered as the first alternative.

(j)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

The planting of trees along streets is required for all new residential developments as follows:

(a)

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.

(b)

Corner Lots. For corner lots, street trees shall be required on both street frontages. The trees cannot interfere with sight distances and setbacks.

(c)

Size. Trees shall be five (5) gallons in size.

(d)

Location. Trees shall be located such that at fifteen (15) years of age the crown will not encroach across side property lines.

(e)

Location from Driveways. Trees shall be located a minimum of ten (10) feet from driveways.

(f)

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.

(g)

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.

(h)

City Tree List. Trees shall be chosen from the City Tree List.

(i)

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.

(j)

Maintenance. Street trees shall be maintained by a public or private entity as follows:

(1)

Plantings shall be maintained in good growing condition and, whenever necessary, replaced with new plant materials;

(2)

Planting areas shall be kept free of weeds and debris;

(3)

Plantings shall be fertilized, cultivated, and pruned on a regular bases, and good horticultural principles shall be practiced; and

(4)

When necessary, plantings shall be appropriately staked, tied, or otherwise supported. Supports shall be regularly monitored to avoid damage to plants.

(k)

Timing of Installation. Required street trees, including irrigation systems, shall be completely installed prior to the final inspection of the building.

(l)

Developer Responsibility. Developers shall be responsible for the landscaping of local streets and those collector streets that are not in the Public Land Equity Program, in accordance with the Master Plan, the Specific Plan and the Mountain House CSD Design Manual.

(m)

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.

(1)

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.

(2)

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.

(3)

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.

(n)

Tree List. Tree selection shall be in accordance with the tree list maintained by the City.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following requirements shall apply in the residential zones:

(a)

Multifamily Developments. The following requirements shall apply to developments which result in five (5) or more multifamily dwelling units:

(1)

All areas not used for buildings, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped; and

(2)

Site development shall incorporate the surrounding topography and provide for the preservation of natural features such as water courses, native oaks, heritage trees, wooded areas, and rough terrain.

(b)

Mobile Home Parks. The following requirements shall apply to mobile home parks:

(1)

All areas not used for buildings, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped; and

(2)

Site development shall relate harmoniously to the surrounding topography and provide for the preservation of natural features such as water courses, native oaks, heritage trees, wooded areas, and rough terrain.

(c)

Planned Developments. The following requirements shall apply to planned developments:

(1)

The number of trees for the site shall equal at least twice the number of dwelling units, excluding street and erosion control trees;

(2)

Additional plantings shall be provided, particularly in open space areas, to accent buildings, screen parking areas, and provide variety; and

(3)

A landscaping plan prepared by a licensed landscape architect shall be required. The landscaping plan shall include the following:

(A)

A site plan and sections illustrating the proposed location and size of landscape elements such as plantings, structures, walkways, fencing, and screening;

(B)

Scale drawings and specifications depicting the design, colors, materials, dimensions, structural supports, and electrical components of the proposed plan; and

(C)

Planting, irrigation, lighting, and grading specifications.

(d)

Model Homes. One (1) model home shall demonstrate via signs and information the principles of water efficient landscapes described in this Title.

(1)

Signs shall be used to identify the model as an example of a water efficient landscape which features elements such as hydrozones, irrigation equipment, and others which contribute to the overall water efficient theme.

(2)

Information and handouts shall be provided about designing, installing, and maintaining water efficient landscapes.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following requirements shall apply to all commercial projects:

(a)

Landscaping Requirements. 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.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following requirements shall apply to all industrial projects:

(a)

Landscaping Requirements. 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.

(Ord. 2024-18, § 1(Exh. A), 2024)

For commercial and industrial projects, a minimum ten (10) foot wide planting strip shall be required along all Interstate highways, State Route 99, all on- and off-ramps thereof, and all scenic routes that are defined in the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to prescribe standards for fencing and screening to protect public security and safety, conserve and protect property, and improve the general appearance of the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Height Limits in Required Yards. Unless otherwise specified, fencing and screening shall not exceed the height limits in required yards specified below:

(1)

In any required front or street side yards, fencing and screening shall not exceed three (3) feet in height.

(2)

In any required rear or nonstreet side yard, fencing and screening shall not exceed seven (7) feet in height.

(b)

Height Measurements. Unless otherwise specified, heights of fences and screens shall be measured as follows:

(1)

Prescribed heights shall be measured above the actual adjoining level of finished grade.

(2)

When there is a difference in the ground level between two (2) adjoining lots, the height of any fence or screen installed or constructed along any property line shall be determined by using the higher elevation.

(3)

Where a fence is located along an arterial street or a collector street or along a streetside side yard, the height of the fence shall be determined by measurement from the adjoining level of finished grade at the lowest side of said fence.

(4)

Any baffle, louver, or wind deflector incorporated into a fence or wall construction shall be included within the measurement of its total height.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, fencing shall be permitted, but not required, and shall comply with the provisions of this Section.

(a)

Fencing Materials. Fencing materials of corrugated plastic, corrugated iron, steel, aluminum, or asbestos, excluding chain link fencing, are specifically prohibited. Unless otherwise specified, barbed wire fence is prohibited.

(b)

Special Fencing Requirements. Notwithstanding any other provision of this Chapter the following special requirements shall apply to the types of fencing listed below:

(1)

Playing Courts. The seven (7) foot fence height limit may be waived for playing courts, if the playing court is located in a side or rear yard and open type fencing material is used.

(2)

Swimming Pools. All pools shall be enclosed per the requirements of the California Building Code.

(3)

Levees.

(A)

Any fence next to a levee shall conform to the requirements of Section 9-16-218 of this Title.

(B)

The height of any fence or wall located at the toe of a levee may be increased to eight (8) feet subject to the review and approval of the Director.

(c)

Special Fencing Requirements for Residential Zones. The following requirements shall apply to fences in the residential zones:

(1)

Fences in Rural Residential and Very Low Density Zones. An open fence up to seven (7) feet in height may be permitted in any required yard in areas carrying a Rural Residential or Very Low Density Residential Zoning designation.

(2)

Fences in Other Residential Zones. A fence up to seven (7) feet in height may be permitted in the front yard or street side yard of Low Density, Medium Density, Medium-High Density, and High Density Residential Zones, provided said fence is located a minimum of ten (10) feet from the property line.

(d)

Special Fencing Requirements for Commercial Projects. The following requirements shall apply to fencing for commercial projects:

(1)

Fencing of Front Yards. A fence up to seven (7) feet in height may be permitted in the required front yard, provided such fencing is constructed of woven wire, wrought iron, or similar open material and does not obstruct vehicular site distance.

(2)

Security Fencing. Except for fencing adjacent to planned or existing residential areas, barbed wire security fencing, not to exceed two (2) feet in height, may be erected on top of required or permitted fencing at the discretion of the Director.

(e)

Special Fencing Requirements for Industrial Projects. The following requirements shall apply to fencing for all industrial projects:

(1)

Fencing of Front Yards. A fence up to seven (7) feet in height may be permitted in the required front yard, provided such fencing is constructed of woven wire, wrought iron, or similar transparent material and does not obstruct vehicular site distance.

(2)

Security Fencing. Barbed wire security fencing, not to exceed two (2) feet in height, may be erected on top of required or permitted fencing, except for fencing adjacent to planned or existing residential areas. Electrical fencing adjacent to planned or existing residential areas is prohibited.

(f)

Special Fencing Requirements for Agricultural Zones. The following provisions shall apply to fences in agricultural zones:

(1)

An open fence up to seven (7) feet in height may be permitted in any required yard in areas carrying an agricultural zoning designation.

(2)

An open fence eight (8) feet in height may be permitted in any side yard or rear yard for parcels twenty (20) acres or greater in size in areas zoned for agriculture.

(3)

Barbed wire fencing, not to exceed two (2) feet in height, may be erected on top of permitted fencing.

(Ord. 2024-18, § 1(Exh. A), 2024)

Screening may be used in any zone, provided a safe sight distance is maintained. All screening required by this Chapter shall comply with the provisions of this Section.

(a)

Materials. Screening shall include the installation and maintenance of one (1), or a combination, of the following elements:

(1)

Plant materials;

(2)

Fencing;

(3)

Walls; or

(4)

Berms.

(b)

Screening Materials. Screening materials of corrugated plastic or iron, steel, aluminum, asbestos, wood (excluding wood in combination with masonry), or security chain-link fencing are specifically prohibited. Security chain-link fencing may be permitted for commercial and industrial projects if combined with landscaping acceptable to the Review Authority. Unless otherwise specified, barbed wire and slats are not permitted.

(c)

Density. When plant materials are used for screening, they shall be planted in such quantity and location as to achieve an effective visual screen within three (3) years of installation. If a hedge fails to retain such density any time after this three (3) year period, it shall be supplemented or replaced with other dense landscaping or an appropriate fence or wall.

(d)

Special Screening Requirements for Commercial Projects. The following requirements shall apply to all commercial projects:

(1)

Screening Adjoining Residential Areas. If a commercial project abuts a residential zone, an area shown on the General Plan for residential use, or a conforming residential use, a solid masonry wall six (6) to seven (7) feet in height shall be erected along the abutting property line.

(2)

Screening of Storage Area. All storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public rights-of-way. Screening shall be six (6) to seven (7) feet in height. Outside storage is not permitted in front yards, street side yards, or in front of main buildings.

(3)

Screening of Roof Equipment. All roof-mounted mechanical equipment, tanks, ventilating fans, or similar equipment shall be visually screened from view from adjacent properties and public rights-of-way at grade. Required screens shall be architecturally compatible with the building or structure on which they occur.

(e)

Special Screening Requirements for Industrial Projects. The following requirements shall apply to all commercial projects:

(1)

Screening Adjoining Residential Areas. If an industrial project abuts a residential zone, an area shown on the General Plan for residential use, or a conforming residential use, a solid masonry wall six (6) to seven (7) feet in height shall be erected along the abutting property line.

(2)

Screening of Storage Areas. Storage areas shall be screened as follows:

(A)

Unless otherwise specified, all storage materials and related activities, including storage areas for trash, shall be screened so as not to be visible from adjacent properties and public rights-of-way. Said screening shall be six (6) to eight (8) feet in height. Items stored within one hundred (100) feet of a dedicated street or residential zone shall not be stacked higher than two (2) feet above the adjacent screen;

(B)

Screening shall not be required for a storage area that abuts an existing industrial use or property designated on the General Plan Map for industrial use, provided the storage area is not adjacent to an existing residential use or property designated on the General Plan Map for residential use or a public street.

(C)

All exterior electrical cage enclosures and storage tanks shall be screened from view from access or adjacent streets and residential neighborhoods.

(3)

Screening of Roof Equipment. Except in the General Industrial Zone (I-G), all roof-mounted mechanical equipment, tanks, ventilating fans, or similar equipment shall be visually screened from view from adjacent properties and public rights-of-way. Screening shall not exceed a height of six (6) feet from roof level. Required screens shall be architecturally compatible with the building or structure on which they occur.

(4)

Exceptions to Height Requirements. The requirements of this Chapter shall not apply to uses permitted in any industrial zone which are required to maintain visual screens to a height greater than specified in this Title.

(f)

Maintenance. All required screening materials shall be maintained in good condition by the property owner and, whenever necessary, repaired or replaced.

(g)

Screening in Community Commercial Zones. Service, mechanical, trash storage and loading areas in areas zoned Community Commercial (C-C) shall be located away from public streets or use areas, and screened from view to the extent feasible.

(h)

Screening in Residential Areas. Trash receptacles for single-family residential dwellings shall be screened by enclosures or landscaping and concealed from view. Trash receptacles for multiple-family dwellings shall be fully enclosed, and screened from view.

(1)

Enclosures shall be compatible with the building architecture and shall be constructed of masonry or other permanent materials.

(2)

Gates shall be of solid construction, and entirely block the view of the trash receptacle.

(3)

All enclosures shall be landscaped with a combination of trees, shrubs and/or vines.

(Ord. 2024-18, § 1(Exh. A), 2024)

Walls, fences, berms, and/or landscaping for the purpose of noise attenuation may be required in any zone when adjacent to a high noise generator such as a major roadway or railroad. Noise attenuation requirements shall be developed in response to the noise level and source affecting specific property. Where noise attenuation walls are required, height and yard restrictions for walls may be waived by the Director as required for effective noise reduction.

(Ord. 2024-18, § 1(Exh. A), 2024)

The requirements of this Chapter may be modified by the Director in cases where it is demonstrated that an alternative to said requirements would meet the intent of this Chapter and result in an equal amount of fencing and screening. Decisions of the Director pursuant to this Section may be appealed using the Staff Review with Notice Procedure set forth in Section 9-2-401.

(Ord. 2024-18, § 1(Exh. A), 2024)

Electrified security fences may be permitted in industrial, commercial, or agricultural zones subject to the following development standards. In the event of a conflict between this section and any other provision of Chapter 4 of Division 10, Section 9-10-607 shall control.

(a)

Warning Signs. The electrified security fence shall be clearly identified by installing prominently placed warning signs that are legible from both sides of the fence. At minimum, the warning signs shall meet the following criteria:

(1)

The warning signs are placed at each gate and access points, and at intervals along the fence not exceeding thirty (30) feet.

(2)

The warning signs are adjacent to any other signs relating to chemical, radiological, or biological hazards.

(3)

The warning signs are marked with a written warning or a commonly recognized symbol for shock.

(4)

The minimum dimensions for each sign is nine (9) inches by twelve (12) inches.

(b)

Power. The primary power voltage for an electrified security fence shall not exceed twelve (12) DC volts maximum. The electrified security fence shall only be electrified when the business it is protecting is closed to the public.

(c)

Height. The height of an electrified security fence may exceed the height of the protective barrier by two (2) feet, not to exceed ten (10) feet in overall height.

(d)

Setbacks. Setbacks between the protective barrier and electrified security fence are required as follows:

(1)

Any opening in the perimeter Protective Barrier that is less than or equal to three (3) inches shall require a minimum twelve (12) inch setback for the electrified security fence.

(2)

Any opening in the perimeter protective barrier that is greater than three (3) inches but no more than six (6) inches shall require a minimum three (3) foot setback for the electrified security fence, or an approved mesh or equivalent material, with openings not to exceed three (3) inches, shall be installed.

(3)

When abutting an existing or planned residential area, or a residentially developed parcel, a protective barrier consisting of a minimum six (6) foot high solid wooden fence or block wall shall require a minimum twelve (12) inch setback for the electrified security fence. Any other protective barrier proposed adjacent to an existing or planned residential area, or a residentially developed parcel, is required to have an approved mesh installed, as reviewed by the Community Development Department, as a secondary protective barrier, be a minimum of six (6) feet in height, and require a minimum twelve (12) inch setback for an electrified security Fence.

(e)

Knox Box. Before the electrified security fence is electrified, a Knox Box shall be installed and the security fence shall be inspected by the Fire Department. The Knox Box shall be fully operational at all times when the Electrified Security Fence is operational. If at any time the Knox Box is not operational, the electrified security fence cannot be activated.

(f)

Uses and Locations.

(1)

Unless specifically designated in this subsection, electrified security fences shall not be permitted in any zoning district.

(2)

Electrified security fences shall be authorized in the I-W (Warehouse), I-P (Industrial Park), I-L (Limited Industrial), I-G (General Industrial), AG (General Agricultural), AL (Limited Industrial), AU (Agriculture Urban Reserve), and ARM (Agriculture Resource Management) zones.

(3)

Electrified security fences shall be authorized in the C-C (Community Commercial and C-G (General Commercial) zones only for the following land uses:

(A)

Auction sales—Indoor, outdoor;

(B)

Automotive sales and services—Automotive rentals, automotive repairs (light), automotive repairs (heavy), automotive sales, operable vehicle storage, parking;

(C)

Construction sales;

(D)

Construction services—Light;

(E)

Custom manufacturing;

(F)

Equipment sales and repair—Farm machinery (sales), leisure;

(G)

Nursery sales and services—Wholesale, landscaping services;

(H)

Personal storage;

(I)

Transportation services;

(J)

Recreation—Marinas;

(K)

Truck Sales and Services—Sales;

(L)

Utility services—Minor, major;

(M)

Wholesaling and distribution—Light;

(N)

Communication services;

(O)

Other uses which are comparable to or no more intensive than those enumerated in Development Title Section 9-10-607(f)(3).

(4)

Permits.

(A)

A building permit shall be required for electrified security fences in any commercial zone, for any electrified security fence exceeding seven (7) feet in height.

(B)

Electrified security fencing in the C-RS (Rural Service Commercial) and the C-X (Crossroad Commercial) zones are subject to Director's review pursuant to Development Title Section 9-10-606.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to provide standards to mitigate dangerous or objectionable environmental impacts of commercial and industrial uses, pursuant to the health and safety policies of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this chapter shall apply to all commercial and industrial uses in the City of Mountain House, except as otherwise provided herein.

(Ord. 2024-18, § 1(Exh. A), 2024)

All emissions shall be subject to the rules and regulations of the San Joaquin Valley Unified Air Pollution Control District.

(Ord. 2024-18, § 1(Exh. A), 2024)

All uses shall be so operated as not to cause odors which are perceptible and offensive to the average person at any residential lot line. Primary and secondary safeguard systems shall be provided to control odors.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Perceptible Displacement. No use shall cause any perceptible displacement at any lot line abutting any zone except an Zone.

(b)

Displacement Within the General Industrial Zone. Vibration displacement along any lot line within an I-G Zone shall not exceed the levels set forth in Table 9-10-5.1. Vibration displacement shall be measured by a seismograph or other instrument capable of measuring and recording displacement and frequency, particle velocity, or acceleration. Readings shall be made at points of maximum vibration along any lot line within an I-G Zone.

(c)

Exceptions. The limits of this Section shall not apply to operations involved in the construction or demolition of structures or infrastructure or to vibration caused by motor vehicles or trains.

TABLE 9-10-5.1 MAXIMUM DISPLACEMENT LEVELS AT ANY LOT LINE (IN INCHES)

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Section shall apply to all outdoor lighting with the exception of public street lighting.

(a)

Measurement. Illumination levels shall be measured with a photoelectric photometer following the standard spectral luminous efficiency curve adopted by the International Commission on Illumination. The photoelectric photometer shall be located inside the property line nearest the luminaire, at a distance from the property line equal to the required yard depth or width at that point.

(b)

Protection of Uses on Adjacent Lots. No use shall cause glare above 1.0 footcandles on an adjacent lot developed or zoned for residential use, or shown as residential on the General Plan Map, or cause glare on a street or alley.

(c)

Nuisances. Flickering or intrinsically bright sources of illumination shall be controlled so as not to be a nuisance to uses on adjacent lots in residential or commercial zones.

(d)

Shielding or Recessing. Exterior lighting shall be shielded or recessed to minimize direct glare and reflections.

(e)

Prohibitions. Lighting of unusually high intensity or brightness is prohibited.

(Ord. 2024-18, § 1(Exh. A), 2024)

Heat, humidity, or cold emanating from any use shall not be discernible at any lot line of the lot containing such use.

(Ord. 2024-18, § 1(Exh. A), 2024)

All uses and property are subject to the following provisions:

(a)

Uses involving electromagnetic forces shall not cause electrical disturbances which adversely affect individuals or the operation of any equipment beyond any lot line of the lot containing such uses.

(b)

The disclosure of potential health effects associated with electromagnetic fields and PCB-contaminated electrical equipment shall be required with residential development proposals.

(Ord. 2024-18, § 1(Exh. A), 2024)

All uses and property shall be subject to the following provisions concerning noise levels:

(a)

Transportation Noise Sources.

(1)

Excluding proposed noise sensitive land uses on infill lots, proposed noise sensitive land uses that will be impacted by existing or planned transportation noise sources shall be required to mitigate the noise levels from these transportation noise sources so that the resulting noise levels on said proposed noise sensitive land uses do not exceed the standards specified in Table 9-10-5.2, Part I. Proposed noise sensitive land uses on infill lots that will be impacted by existing or planned transportation noise sources shall be required to mitigate the noise levels from these transportation noise sources so that the resulting noise levels on said proposed noise sensitive land uses on such infill lots do not exceed the standards specified in Table 9-10-5.2, Part I for interior spaces only.

(2)

Private development projects that include the development of new transportation facilities or the expansion of existing transportation facilities shall be required to mitigate the noise levels from these transportation facilities so that the resulting noise levels on noise sensitive land uses within and adjacent to said development projects do not exceed the standards specified in Table 9-10-5.2, Part I.

(b)

Stationary Noise Sources.

(1)

Excluding proposed noise sensitive land uses on infill lots, proposed noise sensitive land uses that will be impacted by stationary noise sources shall be required to mitigate the noise levels from these stationary noise sources so that the resulting noise levels on said proposed noise sensitive land uses do not exceed the standards specified in Table 9-10-5.2, Part II.

(2)

Proposed projects that will create new stationary noise sources or expand existing stationary noise sources shall be required to mitigate the noise levels from these stationary noise sources so as not to exceed the noise level standards specified in Table 9-10-5.2, Part II.

(c)

Standards for Commercial and Industrial Uses. For new commercial uses, industrial uses or utilities, the exterior, non-transportation noise level performance standards specified in Table 9-10-5.2, Part III shall be applicable.

(d)

Standards for Residential Uses.

(1)

New residential development shall not be allowed where noise levels due to stationary noise sources would exceed the exterior noise level standards set forth in Table 9-10-5.2, Part III.

(2)

Noise levels from mobile noise sources in primary outdoor use areas of new residential development shall not exceed an Ldn of sixty (60) dB unless the project design includes mitigation measures to reduce noise in outdoor activity areas to sixty (60) dB, or as reasonably close to sixty (60) dB as is possible. Where it is not possible to reduce noise in outdoor activity areas to an Ldn of sixty (60) dB or less, an exterior noise level of up to, but not exceeding, an Ldn of sixty-five (65) dB may be allowed by the Review Authority.

(3)

Exterior noise levels shall not create an interior noise level exceeding forty-five (45) dB.

(4)

Noise studies for specific residential projects proposed in areas with noise levels from mobile sources above Ldn sixty (60) dB shall address how noise levels in outdoor areas could be maintained at or below an Ldn of sixty-five (65) dB.

(e)

Standards for Other Specified Uses.

(1)

Noise-sensitive land uses other than residential uses shall not be allowed where noise levels due to stationary noise sources would exceed the exterior noise level standards set forth in Table 1025.9M.

(2)

On school sites and other noise-sensitive land uses, any outdoor instructional areas or areas which require speech audibility shall be located outside the sixty (60) dB Ldn noise contour from mobile sources or shielded from mobile noise in excess of sixty (60) dB Ldn.

(3)

Exterior noise levels shall not create an interior noise level exceeding forty-five (45) dB.

(4)

Noise studies prepared for noise-sensitive land uses shall address how noise levels in outdoor areas from mobile sources shall be maintained at or below an Ldn of sixty (60) dB.

(f)

Exemptions. The following shall be exempt from the provisions of this Chapter:

(1)

Activities conducted in public parks, public playgrounds and public or private school grounds, including, but not limited to, school athletic and school entertainment events;

(2)

Any mechanical device, apparatus or equipment used, related to, or connected with, emergency activities or emergency work;

(3)

Noise sources associated with construction, provided such activities do not take place before 6:00 a.m. or after 9:00 p.m. on any day;

(4)

Noise sources associated with the maintenance of residential property located in a residential zone, provided such activities shall take place between the hours of 8:00 a.m. and 9:00 p.m. on any day;

(5)

Noise sources emanating from any agricultural operation, including activities associated with the processing or transportation of crops when such activities are conducted on agriculturally zoned lands;

(6)

Noise sources associated with residential air conditioning equipment, provided such equipment is in good repair;

(7)

Noise sources associated with work performed by private or public utilities in the maintenance or modification of its facilities;

(8)

Noise sources associated with the collection of waste or garbage;

(9)

Any activity whose regulation has been preempted by State or Federal law.

(g)

Acoustical Study. The Review Authority shall require the preparation of an acoustical study in instances where it has determined that a project may expose existing or proposed noise sensitive land uses to noise levels exceeding the noise standards specified in Table 9-10-5.2. This determination shall be based on the existing or future sixty-five (65) dB Ldn noise contour in the General Plan, the proximity of new noise sensitive land uses to known noise sources, or the knowledge that a potential for adverse noise impacts exists. The study shall be paid for by the applicant and shall be prepared by a person or persons selected by the Director. The Director shall select the consultant from the City's consultant list. The acoustical study shall include the following information:

(1)

A general description of the project, with appropriate maps, and the noise sources of concern;

(2)

A description of the methodology that will be used to assess noise impacts, including a listing of all assumptions and data used in any computer models.

(A)

Computer models that will be used for noise predictions shall be standard versions approved by the FHWA, FAA, Caltrans, or other government agencies.

(B)

For traffic noise studies, the computer models, SOUND32 or other proprietary models based on the 1978 "FHWA Highway Traffic Noise Prediction Model (FHWA-RD-77-108)" shall be used. The FHWA's new "Traffic Noise Model" (TNM) shall be used after its phase in date. For aircraft noise studies, the latest version of the FAA's "Integrated Noise Model" (INM) shall be used.

(C)

If standard government approved models do not exist (e.g., railroad and industrial noise sources), a description shall be provided.

(3)

A description of existing and future noise levels together with a comparison of these noise levels to the noise level standards specified in Table 9-10-5.2.

(4)

Recommended mitigation measures to achieve compliance with the standards specified by Table 9-10-5.2 (i.e., noise barriers, site design, setbacks, equipment modification, structure sound proofing), or a detailed explanation stating why mitigation is infeasible.

(h)

Noise-Attenuation Measures. In addition to any other noise-attenuation measures specified in the Title, the following additional measures shall be applicable:

(1)

Until such time as residential, school or other noise-sensitive development is proposed within one thousand (1,000) feet of the railroad tracks in Mountain House, or until such time as rail use is initiated within the community, noise mitigation shall be limited to a sound wall along the tracks between the proposed transit station and Marina Boulevard.

(2)

Residential development shall be set back from the centerline of I-205 a sufficient distance to satisfy Master Plan noise policies after the inclusion of sound mitigation improvements such as berms and soundwalls.

(i)

Measurement. When noise level measurements are conducted, sound level meters meeting Type 1 (precision) or Type 2 (general purpose) sound level meter/microphone combinations shall be used.

(1)

Sound level meters shall be properly calibrated before use and used according to the manufacturer's instructions;

(2)

All measurements shall be in terms of A-weighted decibels using slow meter response, except for impulsive noise which shall be measured using fast meter response;

(3)

Measurements shall include sufficient sampling periods and locations to adequately describe local conditions and significant noise sources.

(j)

Prohibited Activities. The outdoor operation of any industrial, commercial, or residential property maintenance tool or equipment powered by an internal combustion engine or electric motor including, but not limited to, leaf blower, chainsaw, lawn mower, hedger, and vacuum cleaner is prohibited within 500 feet of a residence located in a residential zone between the hours of 9:00 p.m. and 8:00 a.m.

TABLE 9-10-5.2 MAXIMUM ALLOWABLE NOISE EXPOSURE

PART I. TRANSPORTATION NOISE SOURCES

PART II. STATIONARY NOISE SOURCES

¹

Where the location of outdoor activity areas is unknown or is not applicable, the noise standard shall be applied at the property line of the receiving land use. When determining the effectiveness of noise mitigation measures, the standards shall be applied on the receiving side of noise barriers or other property line noise mitigation measures.

²

Each of the noise level standards specified shall be reduced by 5 dB for impulsive noise, single tone noise, or noise consisting primarily of speech or music.

PART III. EXTERIOR NONTRANSPORTATION NOISE LEVEL STANDARDS

(Ord. 2024-18, § 1(Exh. A), 2024)

Applicants for industrial or commercial projects requiring discretionary approval may be required by the Review Authority to submit such evidence as is necessary to determine whether the project complies or will comply with the provisions of this Chapter. Failure to submit the information requested within a specified time period shall render the application incomplete. Required information may include, but is not limited to, the following:

(a)

Construction Plans. Plans of construction and development;

(b)

Production Plans. A description of the machinery, processes, or products to be used or produced on the premises;

(c)

Emission Levels. Measurement of the expected amount or rate of emission of any dangerous or objectionable elements from the premises; and

(d)

Emission Mitigation. Specifications for the mechanisms and techniques used or proposed to be used in restricting the emission of any dangerous or objectionable elements from the premises.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to provide special regulations pertaining to social care facilities in order to preserve the quality of care provided to people using the facilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this chapter shall apply to the use types listed below. These use types are described in Chapter 4 of Division 1.

(a)

Child Care Services: Child Care Centers

(b)

Group Care: Large.

(c)

Group Care: Adult Day Care.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following shall be the standards and guidelines for the review and approval of social care facilities:

(a)

Exterior Yard Area. A site plan, to scale, of the exterior yard area that will be used for social care purposes shall be submitted containing information as required by the Director of the Community Development Department.

(b)

Outdoor Recreation Area. A minimum of thirty-five (35) square feet of outdoor recreation area shall be provided per facility user under two (2) years of age and a minimum of seventy-five (75) square feet must be provided per user over two (2) years of age.

(1)

Areas which may not be included in calculating outdoor recreation area include side yards less than ten (10) feet in width and areas containing swimming pools, spas, or other water bodies unless covered and deemed safe pursuant to state regulations.

(2)

Neighborhood greenbelt and park space may be used to satisfy the outdoor recreation area requirement if these alternative areas are located in immediate proximity to the facility, are appropriate for recreation, and proper insurance coverage has been obtained for them.

(c)

Fencing. All outdoor recreation areas shall be enclosed by walls or fences not less than six (6) feet in height. Should existing fencing be less than six (6) feet in height, the Review Authority may approve such alternative fencing if, upon review of adjacent uses, supervision ratios, and facility floor plans, it is determined that the existing fence height will not be detrimental to the health, safety, or welfare of facility users.

(d)

Garages. Garages shall be prohibited as a social care facility recreation area unless:

(1)

Alternative on-site parking is available to meet minimum residential parking requirements; and

(2)

The garage is improved to meet building and fire code regulations as a habitable space.

(e)

Outdoor Activities. Outdoor activities shall not be permitted before 7:00 a.m. or after 10:00 p.m.

(f)

Public Service Access. The applicant has developed and will implement a public service access plan providing or arranging for transportation, as necessary, for group care residents or children. The plan shall specifically describe the means by which residents will gain access to bus and other public transportation routes, shopping locations, medical, dental, or other health care facilities, and government offices.

(g)

Maintenance. The applicant will provide adequate exterior maintenance to the facility and surrounding yard and setback areas. This shall include a plan demonstrating provisions for regular yard and landscape irrigation and maintenance and other items of routine maintenance.

(h)

Siting Criteria. Site approval applicants should clearly identify industrial operations within 1,000 feet of any social care services they propose to establish.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to establish minimum standards for the location and development of mobile home parks. The criteria and standards set forth herein are intended to supplement applicable zone regulations and provisions of state law.

(Ord. 2024-18, § 1(Exh. A), 2024)

No new mobile home park approved pursuant to this Title shall accommodate any mobile home which does not comply with current state standards for such homes.

(Ord. 2024-18, § 1(Exh. A), 2024)

The density of mobile homes in any mobile home park shall comply with the density set forth in the General Plan for the area in which the mobile home park is located, but shall not exceed ten (10) mobile homes per net acre.

(Ord. 2024-18, § 1(Exh. A), 2024)

Mobile home sites shall comply with the provisions of this Section.

(a)

Area. Each site shall contain two thousand five hundred (2,500) square feet. However, an individual site may contain less area provided the average area of all sites in the mobile home park is at least two thousand five hundred (2,500) square feet.

(b)

Width. Sites shall average no less than forty (40) feet in width.

(c)

Frontage. Sites shall have at least twenty-five (25) feet of frontage on a road servicing the interior of the mobile home park.

(d)

Yards and Setbacks. Yards and setbacks for each mobile home park shall be those required for main buildings by the zone in which the mobile home park is located.

(Ord. 2024-18, § 1(Exh. A), 2024)

Roads servicing mobile home parks shall comply with the provisions of this Section.

(a)

Entrance Roads. Roads which service entrances to mobile home parks shall provide two-way access and shall be located no less than one hundred fifty (150) feet from any intersection of public streets. The minimum number of entrances and exits to and from mobile home parks shall be determined by the Director.

(b)

Internal Roads.

(1)

All mobile home parks shall be serviced by at least one (1) interior road of continuous two-way circulation.

(2)

No road which does not provide for continuous circulation shall exceed six hundred (600) feet in length. Such roads shall be terminated by cul-de-sacs of no less than fifty (50) feet in radius.

(c)

Road Widths. Minimum road widths shall be as follows:

(1)

Twenty-four (24) feet for roads on which parking is prohibited;

(2)

Thirty-two (32) feet for roads on which parking is allowed on one side only; and

(3)

Forty (40) feet for roads on which parking is permitted on both sides.

(Ord. 2024-18, § 1(Exh. A), 2024)

Walkways and bikeways shall be provided as required by this Section.

(a)

General Requirement. All mobile home parks shall provide internal walkways which connect each mobile home site provide access to all common areas and a public street.

(b)

Driveway Crossings. Driveway crossings shall be held to a minimum on walkways, shall be located and designed to provide safety, and shall be appropriately marked and otherwise safeguarded.

(c)

Walkways Used by Children. Walkways to be used by children as routes to school, bus stops, or other destinations shall be located and safeguarded to minimize contacts with automobile traffic.

(d)

Bikeways. Bikeways shall be incorporated into the walkway system if there are more than two hundred (200) spaces proposed.

(e)

Combined with Easements. Walkways and bikeways may be combined with other easements and used by emergency, maintenance, or service vehicles, but shall not be used by other vehicle traffic.

(Ord. 2024-18, § 1(Exh. A), 2024)

Off-street parking shall be provided as set forth in this Section.

(a)

On-site Parking. There shall be a minimum of one (1) parking space provided at each mobile home site.

(b)

Guest Parking. Additional parking areas shall be established and maintained for the use of guests and shall conform to the following standards:

(1)

Guest parking areas shall be provided at the rate of one-half (½) space per unit.

(2)

Guest parking areas shall be located within three hundred (300) feet of the mobile home site.

(Ord. 2024-18, § 1(Exh. A), 2024)

Screening and landscaping for mobile home parks shall comply with the provisions of this Section.

(a)

Screening.

(1)

A six (6) foot high masonry wall shall be provided along all mobile home park rear and side property lines.

(2)

All common storage areas and common areas for garbage or rubbish shall be screened from mobile home park residents by a screen not less than seven (7) feet in height.

(3)

All required screening shall conform to the standards set forth in Section 9-10-604 (Screening Standards) of this Title.

(b)

Landscaping.

(1)

A ten (10) foot wide landscaped strip shall be provided along all mobile home park property lines abutting roads.

(2)

All landscaping and fencing required for approval of the Use Permit for the mobile home park shall conform to the standards set forth in Section 9-10-602 (Planting Standards) and Section 9-10-604 (Screening Standards) of this Title.

(3)

All required plantings shall conform to the standards set forth in Section 9-10-602 (Planting Standards) of this Title. All areas not used for buildings, mobile homes, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped.

(Ord. 2024-18, § 1(Exh. A), 2024)

All mobile home parks with more than ten (10) mobile home sites shall provide recreation and open space areas as set forth in this Section.

(a)

Minimum Area. Required recreation and open space areas shall contain a minimum of five thousand (5,000) square feet.

(1)

An additional one hundred (100) square feet shall be provided for each mobile home site over fifty (50) sites.

(2)

Not more than thirty (30) percent of said areas shall be paved.

(3)

The required recreation and open space area shall be landscaped.

(b)

Locational Criteria. Recreation and open space areas shall be centrally located, free of traffic hazards, accessible to all park residents, and available on a year-round basis.

(Ord. 2024-18, § 1(Exh. A), 2024)

Common storage areas shall be provided for the residents of the mobile home park for the storage of recreational vehicles, trailers, travel trailers, and other licensed or unlicensed vehicles. This area shall total not less than fifty (50) square feet for each mobile home site.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each mobile home park shall comply with the same requirements for sewage disposal and water facilities as is applied to a standard residential development project.

(Ord. 2024-18, § 1(Exh. A), 2024)

A mobile home park shall have no conventionally constructed buildings other than the following:

(a)

Recreational buildings;

(b)

Accessory structures, as specified in Title 25 of the California Administrative Code; and

(c)

One (1) dwelling unit for the use of a caretaker or manager.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to regulate the keeping of animals, the density of animals, and setbacks of animal enclosures.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the animals permitted under Sections 9-10-1003 through 9-10-1004, the keeping of household pets shall be permitted in all zones, subject to the following:

(a)

For single-family dwelling units, up to three (3) dogs and three (3) cats shall be allowed. Additional household pets may be allowed, provided the total combined number of household pets in one place of residence shall not exceed ten (10).

(b)

For dwelling units in multiple-family structures and for mobile-homes in mobile home parks, the total number of dogs cats and other household pets combined shall not exceed three (3).

(c)

The decision as to whether a specific animal is a household pet under this Title shall be made by the Director.

(Ord. 2024-18, § 1(Exh. A), 2024)

The keeping or raising of animals shall be subject to the requirements set forth in Table 9-1045.3. The keeping of animals under the Family Food Production use type shall be subject to the requirement that there shall be no sale of meat, milk, or other products from animals kept for family food production. Animals are to be sold live and are not to be processed on the property.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following general standards shall apply to the keeping of animals:

(a)

Offspring. Unless otherwise specified, the offspring of animals are allowed and shall not be counted until they are of weanable or self-sufficient age. Dogs and cats shall be counted at four (4) months of age. Swine shall be counted at eight (8) weeks of age.

(b)

Maintenance. All animal enclosures, including, but not limited to, pens, cages, and feed areas, shall be maintained free from litter, garbage, and excessive accumulation of manure, so as to discourage the proliferation of flies, other disease vectors, and offensive odors. Premises shall be maintained in a neat and sanitary manner.

(c)

Swine. Swine shall not be fed market refuse, garbage, or offal.

(d)

Number of Animals Permitted. Excluding pets, the combined total number of animals permitted by this Chapter shall not exceed the number specified by Table 9-10-8.1.

(e)

Health and Safety Regulations. The keeping or raising of animals shall be subject to all health and safety regulations.

TABLE 9-10-8.1 ANIMAL STANDARDS

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to establish regulations for the preservation of historic resources, such as cultural, archaeological, architectural, aesthetic, and environmental resources, within the City of Mountain House. Accordingly, these regulations have the following specific objectives:

(a)

To preserve, maintain, and improve structures, sites, and districts of historical significance;

(b)

To ensure that modifications to historic resources within the City is consistent with the historic character to be preserved or enhanced; and

(c)

To enrich the educational, cultural, and aesthetic interests of the City through the preservation of the county's historical resources.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Chapter shall apply to all zones in the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

(Reserved).

(Reserved).

A Use Permit in accordance with Chapter 10 of Division 8 shall be required prior to any change in the use of an historical resource with the following modifications to the Use Permit process:

(a)

Additional Requirements for Application. The request for such Use Permit shall include the following additional information:

(1)

Evidence that the proposed change in use is consistent with the intent of this Chapter;

(2)

A list of alterations required for the change of use; and

(3)

A site plan which clearly delineates the location and characteristics of the proposed use.

(b)

Additional Findings. In addition to the findings specified for the Use Permit, the Review Authority shall find that all o following are true:

(1)

Such historical resource has been identified as being significant by a recognized historical or architectural organization, or the historical value of the resource can be established by historical or architectural literature, publications, or official documents which discuss the resource and its place in history; and

(2)

The proposed use of such historical resource shall not detract from, or otherwise impair, it as an historical resource, but instead, the proposed use shall complement, enhance, and be compatible with the historical resource.

(Ord. 2024-18, § 1(Exh. A), 2024)

Parcels may be created which are less than the minimum area required by the zone in which the historical resource is located, if the purpose of the smaller parcel is to permit the retention, sale, or transfer of the site on which the historical resource is located in order to attain the intent of this section. The minimum area of parcels created under the provisions of this section shall be determined by the Review Authority.

(Ord. 2024-18, § 1(Exh. A), 2024)

(Reserved).

If, during the course of construction, including any grading activity associated with said construction, subsurface archaeological features are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation.

(Ord. 2024-18, § 1(Exh. A), 2024)

If artifacts or evidence of materials such as bone, shell or nonnative stone are uncovered during construction activities, work shall immediately be halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. Said evaluation may entail archaeological test excavation and/or mitigative data recovery.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to create an incentive program and establish regulations for the preservation of qualified historic property, in the City of Mountain House. This Chapter will provide a method for establishing, terminating, and canceling, qualified historic properties pursuant to California Government Code Sections 50280 through 50290 and California Revenue and Taxation Code Article 1.9, Sections 439 through 439.4. The goal of preservation is supported by the following specific objectives:

(a)

To preserve, maintain, and improve structures and sites, of historic significance;

(b)

To ensure that rehabilitation and modifications of qualified historic properties are accurate and in keeping with their historic context; and

(c)

To provide educational and cultural opportunities for the residents of the City.

(Ord. 2024-18, § 1(Exh. A), 2024)

The purpose of this section is to provide a method for executing a contract pursuant to the Mills Act.

(a)

Application Requirements. A "Mills Act contract" application shall include all documentation, maps or other information required by the Director. Applications shall be filed with the Community Development Department. Contract applications may be initiated by a private property owner or his designated agent and shall meet the following criterion:

(1)

Historic Listing. The qualified historic property must be registered with either the federal National Register of Historic Places or the State's Register of Historical Resources. A qualified historic property may also qualify for Mills Act contract status by being a property that is designated by the State of California as a Historic Landmark or as a Point of Historic interest.

(b)

Contract Terms. Any contract that is entered into shall comply with the following provisions:

(1)

Minimum Term. The minimum term of a Mills Act contract shall be ten (10) years. Each year, on the date specified in the contract, the contract is automatically renewed for an additional year unless a Notice of Nonrenewal is given or the contract is cancelled.

(2)

Preservation, restoration, and rehabilitation. Property owners under contract shall provide for the necessary preservation, restoration, and rehabilitation of the property so that it conforms with the rules and regulations of the United States Secretary of the Interior's Standards for Rehabilitation and the California State Historical Building Code.

(3)

Inspections. The contract shall provide for the periodic examination of the interior and exterior of the premises by the Community Development Department, Assessor, the Department of Parks and Recreation, and the State Board of Equalization to determine the owner's compliance with the contract.

(4)

Successors. The contract shall be binding upon any successor to the original property owner, i.e., the contract shall "run with the land." The successor in interest shall have the same rights and obligations as the original owner who entered into the contract.

(5)

Annexation. If the City annexes a historic resource with an established Mills Act contract, the City shall succeed to all rights, duties and powers formerly held by the County.

(6)

Recordation. The establishment or cancellation of a contract shall not be final until the contract or notice of cancellation is recorded with the County Recorder by the Community Development Department.

(7)

Notification. The owner or agent of an owner shall provide written notice of the contract to the state Office of Historic Preservation within six (6) months of entering into the contract.

(c)

Review Procedure. Contract applications shall be reviewed by the Community Development Department and by the City Attorney before submittal to the City Council who shall take final action on the contract application.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Section provides a method for nonrenewal of a Mills Act contract. Either party to the contract may submit a Notice of Nonrenewal. Failure to serve a written Notice of Nonrenewal to the other party within the times listed below shall result in an additional year being added to the annual renewal date of the contract.

(a)

Application Requirements. A "Notice of Nonrenewal" application to terminate a Mills Act contract shall include all documentation, maps or other information required by the Director. Applications shall be filed with the Community Development Department. The contract shall continue until the term of the contract has expired.

(b)

City-Initiated. A Notice of Nonrenewal initiated by the City shall be given to the owner or the owners designated agent at least sixty (60) days before the anniversary date of the contract.

(c)

Owner-Initiated. A Notice of Nonrenewal initiated by the owner shall be given to the City at least ninety (90) days before the anniversary date of the contract.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Section provides a method for canceling a Mills Act contract. For the reasons listed below, the City or the owner may initiate a Mills Act Cancellation application. The application fee and any applicable penalty fee shall be paid at the time the request for cancellation is made. The penalty fee is twelve and one-half (12.5) percent of the current fair market value of the property.

Cancellation of a Mills Act contract requires notification to the property owner, public notice in a newspaper of general circulation and a public hearing by the City Council. Immediately following approval by the City Council, the cancellation process shall begin.

Contract cancellation shall be permitted for the following reasons:

(a)

Eminent Domain. If the historic resource is acquired in whole or in part by eminent domain the contract shall be deemed null and void. No penalty fee shall be imposed on the property owner;

(b)

Breach of Contract. If it is determined that the property owner has breached any of the conditions of the Mill Act contract, the contract shall be cancelled and a penalty fee shall be imposed on the property owner;

(c)

Inadequate Restoration. If the owner has not rehabilitated the property in the manner specified in the Mills Act contract, the contract shall he cancelled and a penalty fee shall be imposed on the property owner; or;

(d)

Deterioration. If the property has deteriorated and no longer meets the federal standards for a qualified historic resource referred to in the Mills Act contact, the contract shall be cancelled and a penalty fee shall be imposed on the property owner.

(Ord. 2024-18, § 1(Exh. A), 2024)

A fee for the "Mills Act Contract", "Mills Act Notice of Nonrenewal" and the "Mills Act Cance1lation" application shall be required. These fees are established by the City Council pursuant to Development Title section 9-2-902.

(Ord. 2024-18, § 1(Exh. A), 2024)

Violations of this Chapter shall be enforced pursuant to Chapter 2 of Division 19 of the City of Mountain House Development Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to provide a process to assure adequate monitoring and reporting of all measures required to mitigate potential impacts from discretionary projects, as required by Section 21081.6 of the California Public Resources Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Review Authority shall adopt a Monitoring and Reporting Plan for discretionary projects that are approved subject to conditions or changes which are deemed necessary by the Review Authority to reduce potentially significant environmental impacts below a level of significance. The Plan shall be adopted prior to project approval and, at a minimum, shall include the following elements:

(a)

A description of the proposed project.

(b)

A listing of each mitigation measure required by the Review Authority to reduce potentially significant environmental impacts below a level of significance.

(c)

The method of monitoring and reporting on the required mitigation measures include:

(1)

The department, division, agency, firm, or individuals responsible for conducting or overseeing the monitoring and reporting function;

(2)

An identification of the date or other appropriate time period for implementing each mitigation measure;

(3)

An identification of the frequency of inspections and the duration of the required monitoring and reporting;

(4)

A detailed work program and task assignment worksheet for monitoring and reporting, when deemed appropriate by the Review Authority.

(d)

An identification of the anticipated cost to be paid by the applicant and the timing and method of payments.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall be responsible for assuring the preparation and implementation of the Monitoring and Reporting Plan.

(a)

The Director may request, and shall receive, assistance from other County departments in implementing the Monitoring and Reporting Plan.

(b)

The Director may delegate specific responsibilities for monitoring or reporting to project applicants or qualified consultants.

(Ord. 2024-18, § 1(Exh. A), 2024)

Progress reports summarizing the progress made toward achieving required mitigation measures shall be made at intervals prescribed by the Director.

(a)

All progress reports shall be made available for public inspection.

(b)

A copy of each progress report shall be mailed by the Director to the project applicant or the project applicant's designated representative or his successors within five (5) working days after receipt of such report.

(Ord. 2024-18, § 1(Exh. A), 2024)

A fee, as specified by resolution of the City Council, shall be paid by the project applicant to cover the City's cost of preparing, administering and implementing the Monitoring and Report Plan, with the following modifications:

(a)

Unless otherwise required by the Director, the fee shall be paid prior to the acceptance of any plans for review by the Building Official.

(b)

For projects which require monitoring longer than twelve (12) months, such as projects approved with a development agreement, the applicant will be required to demonstrate that long-term funding of the Monitoring and Reporting Plan will be assured.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Monitoring and Reporting Plan may be amended in whole or in part, subject to the following provisions:

(a)

For major changes, as determined by the Director, the Monitoring and Reporting Plan shall be amended by the Review Authority which adopted the Plan, subject to the same review procedure as that required for the discretionary application to which the Plan originally applied.

(b)

For minor changes, the Monitoring and Reporting Plan shall be amended as specified by the Director.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the enforcement mechanisms specified in Chapter 7 of Division 2, Chapter 3 of Division 13, and Chapter 2 of Division 19, violation of an approved Monitoring and Reporting Plan may result in one (1) or more of the following actions:

(a)

Forfeiture of any bond trust account, or other financial assurance;

(b)

Action to recover funds assured under a letter of credit; or

(c)

A lien against the real property subject to the violation in the amount necessary to correct the violation.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this chapter is to provide reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this chapter shall apply to the Adult Entertainment use type, as described in Section 9-1-4-315.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following shall be the standards and guidelines for the review and approval of Adult Entertainment businesses:

(a)

Application Type. A major improvement plan shall be submitted containing information as required by the Director of the Community Development Department. The application shall include a vicinity map showing specific land uses within one thousand (1,000) feet of the proposed site.

(b)

Location Requirements. Adult businesses shall not be located within five hundred (500) feet of the following whether or not located within the City:

(1)

Property zoned for residential use, or shown as a Residential designation on the General Plan map;

(2)

Family Residential;

(3)

Mobile Home Park;

(4)

Religious Assembly;

(5)

Educational Services—General (including public schools);

(6)

A park; or

(7)

Liquor Sales On-Premises General; Liquor Sales On-Premises Limited; and Liquor Sales Off-Premises.

The five hundred (500) foot setback shall be measured from property line to property line, except for nonconforming Family Residential uses, which shall be measured from building to building.

(c)

Concentration Requirement. Adult business shall not be located within one thousand (1,000) feet of any other legally established Adult Entertainment business.

(d)

Temporary Structures. No Adult Entertainment business shall be located in any temporary or portable structure.

(e)

Outdoor Lighting. The entire exterior ground, including the parking lot and landscaped areas shall be lighted in such a manner that all areas are clearly illuminated at all times.

(f)

Signs. Signs shall conform to the requirements of Chapter 9-1710, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations.

(g)

Special Events. No special event, promotion, festivity, concert, or similar activity which will create demand for parking spaces beyond the number of spaces required for the business is allowed.

(h)

Hours of Operation. The business shall be open to the public only from 6:00 a.m. to 2:00 a.m.

(i)

Noise. No loudspeakers or sound equipment shall be used for the amplification of sound to a level audible beyond t the building in which the business is located.

(j)

Maintenance. All exterior areas, including buildings, landscaping, and parking areas shall be kept free of trash and debris and maintained in a clean and orderly manner.

(k)

Business License. Each Adult Entertainment business shall comply with all applicable laws and regulations, including obtaining a County business license.

(l)

Activities. Entrance doors and windows shall be arranged and screened so that activities conducted within the building are not visible outside of the building.

(m)

Employees. Employees are not allowed outside, except for security personnel and employees using any provided outside smoking and break area which shall be screened from the public.

(n)

Lap Dance. Lap Dance means for any person whether clothed, partially nude or nude, in exchange for any compensation or gratuity to cause any part of his or her body, directly or through a medium, to touch, rub, caress, or fondle the genital or pubic region of any member of the public or allow, suffer or tolerate himself or herself to be caressed or fondled by any person.

Lap Dances are not allowed in any establishment that does not have a permit issued pursuant to Section 9-10-1401.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to provide design, siting, and locational requirements for support structures for wireless telecommunication antennas and supporting equipment in order to encourage their collocation in the City and to minimize the potential adverse impacts of said structures on public safety and aesthetics.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter shall be applicable to all wireless telecommunication facilities that require the granting of commercial licenses from the Federal Communications Commission and/or the California Public Utilities Commission.

(Ord. 2024-18, § 1(Exh. A), 2024)

Wireless telecommunication antennas and supporting equipment proposed to be attached to existing structures and buildings shall be subject to the following development standards:

(a)

In commercial and industrial zones, and in areas with an M-X, P-F, or A-G zoning designation, wireless telecommunication antennas may project up to ten (10) feet above the height of the structure, or up to ten (10) feet above the roof line of the building plus an additional one (1) foot for each ten (10) feet of horizontal distance the antenna is set back from the edge of the building, provided all of the following requirements are satisfied:

(1)

The applicant has shown that the subject antenna is not sufficient for wireless telecommunication in its intended coverage area if it is mounted at or below the height of the structure or the roof line of the building.

(2)

The antenna and supporting equipment to be mounted or located above the height of the structure or the roof line of the building shall be painted or otherwise treated to match the exterior of the structure or building, or when feasible hidden behind existing or added screening which is architecturally compatible with said structure or building.

(3)

The existing structure or building is not an historic resource.

(b)

Excluding wireless telecommunication antennas and supporting equipment located on structures and buildings on publicly owned or controlled property, wireless telecommunication antennas and supporting equipment shall not project above the height of the structure or the roof line of the building in residential zones, and in areas with an A-U or A-L zoning designation.

(c)

Wireless telecommunication antennas and supporting equipment not projecting above the height of the structure or the roof line of the building shall be architecturally and visually integrated with said structure or building so as not to be generally perceptible. Architectural and visual integration shall include, but shall not be limited to:

(1)

Locating said antennas and supporting equipment within buildings, attics, steeples, towers, and new additions that are architecturally compatible with the subject structure or building;

(2)

Concealing said antennas and supporting equipment behind and below parapets; and

(3)

Encasing said antennas and supporting equipment in fiberglass, stucco, brick, or other medium, which appear integral to the structure or building.

(Ord. 2024-18, § 1(Exh. A), 2024)

Construction of new freestanding support structures for antennas and supporting equipment for wireless telecommunication, including the replacement of existing freestanding support structures for wireless telecommunication, shall be subject to the following development standards:

(a)

Unless shown not to be feasible by the applicant, any new freestanding support structure for wireless telecommunication shall be a monopole. The applicant shall provide information and any other documentation required by the Review Authority to explain why a ground-built support structure other than a monopole is being proposed as the new freestanding support structure.

(b)

New freestanding support structures shall be the minimum height required for wireless telecommunication.

(c)

New freestanding support structures, including associated antennas and supporting equipment, shall be sited, painted, or otherwise treated to the extent feasible (and permitted by State and Federal law) to minimize visual impacts. Methods to minimize visual impacts shall include, but shall not be limited to:

(1)

Using vegetation, fencing, existing development, and topography to screen freestanding support structures, including associated antennas and supporting equipment, from public view; and

(2)

Using appropriate paint color, finish, texture, and materials to match nearby structures.

(d)

New freestanding support structures shall be located a distance equal to at least the height of the said structure from residential structures on adjoining properties.

(e)

New freestanding support structures and associated antennas shall not significantly displace or impair agricultural operations, if any, on the subject parcel or surrounding parcels.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless shown not to be feasible by the applicant or considered not to be desirable by the Review Authority, a new wireless telecommunication facility shall collocate on an existing wireless telecommunication facility or, if an existing wireless telecommunication facility is not present within the coverage area of the proposed facility, on an existing structure or building on publicly owned or controlled property.

(a)

If use of an existing structure or building on publicly owned or controlled property, or if collocation on an existing wireless telecommunication facility, is not being proposed, the applicant shall provide information and any other documentation required by the Review Authority explaining why use of such existing structures or buildings is not feasible or desirable.

(b)

If a new freestanding structure for wireless telecommunication is proposed, the applicant shall agree to allow future applicants to collocate at the site of the proposed facility. The Review Authority may waive this requirement if it determines that such collocation is not desirable or technologically feasible, or would adversely affect the operation of the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Review Authority may retain the services of a communications consultant in order to understand, analyze, and evaluate the request for the proposed wireless telecommunication facility. The consultant shall be selected by the Director. The applicant shall be responsible for the cost of the consultant's services plus an administrative fee as set by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

All freestanding structures, antennas, and supporting equipment associated with wireless telecommunication shall be maintained in good condition by the provider of the telecommunication facility and, whenever necessary, repaired or replaced.

(Ord. 2024-18, § 1(Exh. A), 2024)

Freestanding structures, antennas, and supporting equipment associated with wireless telecommunication shall be removed by the provider of such facilities and the site restored to its preconstruction state if said facilities have not been operational or used for a period of six (6) consecutive months. Removal and site restoration shall be completed within ninety (90) days of the end of said six (6) month period. To guarantee removal of unused or abandoned facilities, the Review Authority may require the applicant to post a bond or other suitable security instrument.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter shall not be applicable to public entities that provide emergency communication services for the Sheriff's Office or the Office of Emergency Services, in order to provide coordination with cities, counties, and State agencies.

(Ord. 2024-18, § 1(Exh. A), 2024)

The purpose of this Chapter is to establish regulations that will allow farmers in City of Mountain House to market produce and agricultural products directly to local consumers and to tourists. The intent is to allow limited retail trade as a supplement to agriculturally based economic activities throughout the City. Produce stands and agricultural stores are intended to be a less intense use than convenience markets. Traditional urban retail stores, supermarkets and grocery stores, convenience or mini-markets, full-service eating establishments, bakeries, flea markets, farmer's markets and mobile facilities, are to be discouraged. It is also the intent of this Chapter to coordinate and strive for consistency between local development standards and existing State law concerning retail food sales regulated under the California Uniform Retail Food Facility Law (CURFFL).

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Chapter shall apply whenever:

(a)

A new building is constructed;

(b)

An existing building, including a legal nonconforming structure is enlarged; or

(c)

The use of the site or the use of the building is changed.

(Ord. 2024-18, § 1(Exh. A), 2024)

Produce stands shall be subject to the following development standards:

(a)

Area. The maximum area to be used for a produce stand is seven hundred (700) square feet.

(b)

Structures. Tables and/or membrane structures, i.e., tents and canopies, are permitted. All tables and membrane structures must be removed when operations cease for the year. Only a permanent built structure of less than one hundred twenty (120) square feet is permitted. Such structures shall remain vacant for six (6) months of the year. All built structures will require a Building permit.

(c)

Retail Sales Activities. Only the sale of produce, cut flowers, and/or shell eggs grown or raised in City of Mountain House is permitted. All other type of merchandising is prohibited.

(d)

Location and Number. One produce stand shall be permitted per parcel in Agricultural zones.

(e)

Length of Operation. Produce stands shall be temporary. Temporary means any activity, structure, tent or canopy that is used for a period of not more than one hundred eighty (180) days within a twelve (12) month period on a single property.

(f)

Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Section 9-17-304(i).

(g)

Landscaping. No landscaping improvements shall be required.

(h)

Parking. An earthen or gravel parking area capable of accommodating a minimum of two (2) vehicles shall be required for produce stands. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtained from Caltrans.

(i)

Other Permits. Produce stands shall comply with all regulations administered by the Building Department and the Fire Department. Produce stands shall not be required to obtain a permit to operate from the Environmental Health Division. A Business License shall not be required for a produce stand when the farmer sells her/his own produce pursuant to Title 7, Section 7-1002(b). No other entitlements from the Community Development Department are needed. Produce stands shall not be subject to the Public Works Department Traffic Impact Mitigation fee.

(Ord. 2024-18, § 1(Exh. A), 2024)

Small agricultural store operations shall be subject to the following development standards:

(a)

Floor Area for Retail Sales. A maximum of one hundred fifty (150) square feet of floor area may be used for limited retail sales.

(b)

Structures. Only permanent built structures are permitted. The maximum size of the structure shall be one thousand five hundred (1,500) square feet.

(c)

Retail Sales Activities. The sale of agricultural products, sundries, prepackaged food and bottled or canned beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area.

(d)

Location and Number. One (1) small agricultural store shall be permitted per parcel in the Agricultural, Industrial and Commercial zones pursuant to Sections 9-6-202 or 9-5-202 or 9-4-202.

(e)

Length of Operation. Small agricultural stores may operate three hundred sixty-five (365) days a year.

(f)

Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Sections 9-17-304(h) or 9-17-304(f) or 9-17-304(d) or 9-17-304(e).

(g)

Landscaping. Landscaping requirements for the small agricultural store shall apply pursuant to Sections 9-10-501, 9-10-502, 9-10-503 and 9-10-507.

(h)

Parking. The parking surfacing requirement for small agricultural stores shall be chip seal. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtain Caltrans.

(i)

Other Permits. Small agricultural stores shall comply with all regulations administered by the Building Department, Public Works Department and the Fire Department. Small agricultural stores shall be required to obtain an annual permit to operate from the Environmental Health Division, including a plan review for all proposed or remodeled food facilities. The sale of any food items except owner grown produce and shell eggs triggers this requirement. Small agricultural stores shall also be required to obtain a Business License and Site Approval from the Community Development Department.

(j)

Cold Storage. Cold storage trailers are permitted as an accessory structure to agricultural operations in the Agricultural zones. This Chapter does not regulate cold storage trailers. However, cold storage boxes with glass panels that are used for display shall be included as part of the one hundred fifty (150) square foot floor area for retail sales.

(k)

Conversion of Produce Stands to Small Agricultural Stores. A produce stand existing on or before May 25, 2000, which is housed in a structure that exceeds one thousand five hundred (1,500) square feet and that conformed to the Development Title requirements at the time it was established may continue to use the existing building only when both of the following conditions have been met:

(1)

The produce stand owner or operator has obtained a Business License amendment; and

(2)

The produce stand owner or operator has obtained a Site Approval for a small agricultural store.

(Ord. 2024-18, § 1(Exh. A), 2024)

Large agricultural store operations shall be subject to the following development standards:

(a)

Floor Area for Retail Sales. A maximum of five hundred (500) square feet of the structure's total floor area may be used for limited retail sales.

(b)

Structures. Only permanent built structures are permitted. The size of the structure shall be larger than one thousand five hundred (1,500) square feet.

(c)

Retail Sales Activities. The sale of agricultural products, sundries, prepackaged food, bottled or canned beverages and freshly prepared food and beverages is allowed only in conjunction with the sale of produce, and/or shell eggs. The sale of cut flowers shall be permitted only within the retail sales area.

(d)

Location and Number. One large agricultural store shall be permitted per parcel in the Agricultural, Industrial and Commercial zones pursuant to Sections 9-6-202 or 9-5-202 or 9-4-202.

(e)

Length of Operation. Large agricultural stores may operate three hundred sixty-five (365) days a year.

(f)

Signs. The signage requirements for the Produce Sales use type shall apply pursuant to Sections 9-17-304(h) or 9-17-304(f) or 9-17-304(d) or 9-17-304(e).

(g)

Landscaping. Landscaping requirements for the large agricultural store shall apply pursuant to Sections 9-10-501, 9-10-502, 9-10-503 and 9-10-507.

(h)

Parking. The parking surfacing requirements for large agricultural stores shall be asphalt concrete or Portland cement concrete. Ingress and egress directly onto a State Route shall be prohibited unless it is the only access to the site or unless an access agreement has been obtained from Caltrans.

(i)

Other Permits. Large agricultural stores shall comply with all regulations administered by the Building Department, Public Works Department and the Fire Department. Large agricultural stores shall be required to obtain an annual permit to operate from the Environmental Health Division, including a plan review for all proposed or remodeled food facilities. The sale of any food items except owner grown produce and shell eggs triggers this requirement. Large agricultural stores shall also be required to obtain a Business License and a Use Permit from the Community Development Department.

(j)

Cold Storage. Cold storage trailers are permitted outright as an accessory structure to agricultural operations in the Agricultural zones. This Chapter does not regulate cold storage trailers. However, cold storage boxes with glass panels that are used for display shall be included as part of the five hundred (500) square foot floor area for retail sales.

(Ord. 2024-18, § 1(Exh. A), 2024)

Violations of this Chapter shall be enforced pursuant to Sections 9-2-701 and 9-19-201 of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

The City Council of the City encourages the development of arts and culture in the City of Mountain House, and recognizes that many entertainment venues provide a means for such development. The City Council further recognizes that the variety of entertainment venues in the City provide a rich and diverse cultural experience for the residents of the City and visitors to the City. The City Council also recognizes that many non-alcoholic entertainment venues provide a safe place for families and young adults to gather.

(b)

The City Council hereby finds that the operation of entertainment establishments present an environment with the demonstrated potential for excessive noise generation and disorderly conduct by patrons, particularly at closing times, with the attendant adverse health and safety impacts on the surrounding business and residential community.

(c)

Therefore, it is the purpose of this Chapter to regulate the operation of entertainment establishments to prevent the creation of inconsistent and incompatible uses while recognizing and protecting the constitutional rights of the citizens of the City of Mountain House. All applicants will be held responsible for controlling patron conduct in and around the establishments, making adequate provisions for security and crowd control, protecting the City's youth from criminal activity and minimizing disturbances as a result of the operation of the entertainment.

(d)

It is also the intent of this Chapter to provide options in regulating the variety of businesses and events that provide entertainment. The City Council finds that the imposition of conditions tailored to the particular establishment will allow the business or event to flourish while meeting the City's public health and safety needs. This approach also would avoid placing unnecessary conditions on existing businesses or organizations with a history of compliance with the City laws and requirements.

(Ord. 2024-18, § 1(Exh. A), 2024)

For purposes of this Chapter:

(a)

"ABC license" means the license issued by the California Department of Alcoholic Beverage Control.

(b)

"Admission charge" means any charge for the right or privilege to enter any place of entertainment including a minimum service charge, an event charge, a cover charge, a charge for the use of seats and tables, or any other similar charge. It also includes the purchase or presentation of a ticket or token directly or indirectly required as a condition for entrance. It does not include tips, gratuities, voluntary donations, or suggested donations for employees or for any person providing entertainment.

(c)

"Applicant" means a person, persons, or business entity that has been issued a permit as provided in this Chapter.

(d)

"Dance" and "dancing" means movement of the human body, accompanied by music or rhythm.

(e)

"Director" means the Director of the Community Development Department of the City and/or designee.

(f)

"Disorderly conduct" means any of the following: consumption of alcoholic beverages on public property, public drunkenness, obstructing the free passage of pedestrians over public sidewalks, the obstruction of free passage of vehicles within the public right-of-way, littering, fighting, loud speaking or shouting in violation of California Penal Code Sections 415 and/or 647, or the operation of automobile audio systems in a manner that violates Ordinance Code of City of Mountain House Sections 6-3100 et seq.

(g)

"Entertainment" or "entertainment establishment" means any single event, a series of events, or an ongoing activity or business, occurring alone or as part of another business, to which the public is invited or allowed to watch, listen, or participate or that is conducted for the purposes of holding the attention of, gaining the attention of, or diverting or amusing guests or patrons, including, but not limited to:

(1)

Presentations by single or multiple performers, such as hypnotists, mimes, comedians, musical song or dance acts, plays, concerts, any type of contest, sporting events, exhibitions, carnival, rodeo or circus acts, demonstrations of talent, shows, reviews and any other such activity which may be attended by members of the public;

(2)

Dancing to live or recorded music;

(3)

The presentation of recorded music played on equipment which is operated by an agent or contractor of the establishment, commonly known as a "DJ" or "disc jockey." Entertainment does not include ambient music provided through the use of a radio, stereo, juke box, music recording machine or other similar device.

(h)

"Entertainment Permit" means any permit issued by the City pursuant to this Chapter related to the operation of a public dance, entertainment establishment, or amusement premises.

(i)

"Reasonable Efforts" means the provision of an adequate number of licensed security personnel, the adoption and posting of operating policies that are consistent with the requirements of this Code and the permit and the adherence to those policies, the documented training of employees in the carrying out of the establishment operating policies, notifying the Sheriff's Office of apparent criminal activity, and the taking of all additional measures consistent with sound business judgment necessary to accomplish the required result.

(j)

"Responsible Person" means the applicant, owner, proprietor, promoter, manager, assistant manager or other person exercising control over the operation of an entertainment establishment, whether or not that person is a named applicant.

(k)

"Special Event" means entertainment conducted on private property where all of the following circumstances exist:

(1)

The premises or location where the entertainment is to be conducted is not the subject of an existing entertainment permit issued pursuant to this Chapter;

(2)

Entertainment will only be offered for a limited period of time, not to exceed three (3) days. (See also Sections 9-1-304 "Special Indoor Event" and "Special Outdoor Event"); and

(3)

Special Event permits will be processed as Staff Review with an Improvement Plan.

(l)

"Theater" means any commercial establishment where regular sporting events, concerts, motion picture screenings or theatrical performances are given, usually on a stage, and usually with ascending row seating or some arrangement of permanent seating.

(Ord. 2024-18, § 1(Exh. A), 2024)

Entertainment permits shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter 4 of Division 2, except as provided herein.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Unless exempt pursuant to Section 9-1085.5, no person shall provide or permit any entertainment that is open to the public without an entertainment permit issued pursuant to this Chapter.

(b)

Neither the obtaining of an entertainment permit nor compliance with the operating standards provided in this Chapter shall obviate the need for, or excuse any noncompliance with, the Zoning Code, Building Code, Fire Code or any other or additional permit requirement or standard made applicable to the entertainment or entertainment establishment under any other provision of this code or state or federal law.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following types of entertainment and events are exempt from the permit required by this Chapter. This exemption does not relieve any entertainment establishment from complying with all other applicable laws, including, but not limited to, laws related to noise levels and nuisances.

(a)

Entertainment sponsored by any agency of the City, the various boards of education, or by any other political subdivision of the State of California;

(b)

Entertainment sponsored by any nonprofit public benefit organization, such as Girl Scouts, Boy Scouts, Little League or Boys and Girls Club, whose primary objective is the sponsoring and control of youth activities and child welfare. If the event is a dance for the minor members of the organization, the following requirements must be met:

(1)

No person eighteen (18) years of age or older may be admitted as a guest, unless such person is a bona fide student at, or member of, the sponsoring agency or organization, or the family member of a member or student of the sponsoring agency or organization;

(2)

No alcoholic beverages may be served, consumed or permitted on the premises;

(3)

Chaperones from the sponsoring agency are present on the premises at the rate of two (2) adults, who are at least twenty-five (25) years of age or older, for every one hundred (100) guests; and

(4)

The event must finish by 12:00 a.m. and the premises and the adjoining parking lots must be promptly vacated by all the guests.

(c)

Entertainment lawfully conducted at any County park, building or recreational facility;

(d)

Entertainment lawfully conducted entirely upon property owned or controlled by a governmental entity;

(e)

Entertainment limited to the use of a radio, recorded music or speech not provided by a D.J., juke box, television, video games, video programs, in an establishment that does not permit dancing;

(f)

Entertainment provided for members and their guests at a private club having an established membership when admission is not open to the public. For purposes of this Section, private club means corporations or associations operated solely for objects of national, social, fraternal, patriotic, political, or athletic nature, in which membership is by application and regular dues are charged, and the advantages of which club belong to members, and the operation of which is not primarily for monetary gain;

(g)

Entertainment provided for invited guests at a private event such as a wedding reception, banquet, or celebration where there is no admission charge;

(h)

Entertainment conducted in connection with a regularly established theme park;

(i)

Parades;

(j)

Street performers such as musicians, singers or mimes;

(k)

Entertainment conducted or sponsored by any religious organization, club, organization, society or association, that is exempt from taxation pursuant to Internal Revenue Code Section 501(c)(3), when all proceeds, if any, arising from such entertainment are used exclusively for the benevolent purposes of such religious organization, club, society or association;

(l)

Performances by the students at educational institutions as defined by the Education Code where such performances are part of an educational or instructional curriculum or program;

(m)

Theaters;

(n)

Motion picture theaters not providing live entertainment;

(o)

Dance lessons, theatrical and performing arts lessons and student recitals;

(p)

Book readings, book signings, poetry recitations, and any other similar entertainment consisting of the spoken word, including plays;

(q)

Fundraisers for a political cause;

(r)

Entertainment consisting of ambient or incidental music provided for guests or patrons by musicians such as a piano player, harpist, strolling violinist, mariachi band, guitarist or band. If there is an admission charge required to observe or attend such entertainment, the music will not be considered ambient or incidental;

(s)

Any establishment, venue or assemblage of forty-nine (49) persons or less, as described in the maximum occupancy;

(t)

Entertainment lawfully conducted at any of the following regulated businesses:

(1)

"Adult Entertainment," as defined in Section 9-1-4-315 and regulated under Section 9-10-1401;

(2)

"Amusement arcades," regulated under Chapter 3 of Division 1 of Title 6. However, if entertainment, other than the operation of mechanical amusement devices, is conducted on the premises of any amusement arcade, such amusement arcade shall not, by virtue of this provision, be exempt from the permit requirement of this Chapter; and

(3)

"Bingo," regulated under Chapter 4 of Division 1 of Title 6.

(u)

The normal and customary fitness services provided by an athletic club or fitness center.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter is intended to implement minimum standards applicable to the operation of all entertainment establishments whether or not such establishments are subject to the Entertainment Permit requirements contained in this Chapter. Nothing in this Article shall limit the City's authority to impose and enforce permit conditions requiring entertainment establishments to comply with operating standards that are more strict, comprehensive or onerous than the minimum standards imposed by this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as otherwise provided herein, entertainment uses shall meet the performance standards specified in Section 9-10-501. Measures determined to be necessary by any required studies shall be implemented prior to commencement of the use.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Except as otherwise provided herein, all entertainment establishments shall be closed and all patrons shall vacate the premises between 2:00 a.m. and 6:00 a.m., except that as part of a New Year celebration, entertainment establishments may remain open until 3:00 a.m. on January 1st. It is unlawful for any Responsible Person to fail to abide by the hours of closure.

(b)

All outdoor entertainment establishments shall be closed and all patrons shall vacate the premises between 10:00 p.m. and 6:00 a.m. Sunday through Thursday, and 11:00 p.m. and 6:00 a.m. Friday and Saturday, except that as part of a New Year celebration, outdoor entertainment establishments may remain open until 1:00 a.m. on January 1st. It is unlawful for any Responsible Person to fail to abide by the hours of closure.

(c)

A Responsible Person must be present in the entertainment establishment during all hours that the entertainment establishment is open and offering entertainment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each Responsible Person shall make Reasonable Efforts to prevent the admittance of any person whose conduct is described in Penal Code Section 415 (fighting, loud noise, offensive words in public places) or 647 (disorderly conduct) at the premises or on any parking lot or similar facility used by the establishment. Each Responsible Person shall make Reasonable Efforts to remove any persons exhibiting such conduct from the establishment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each Responsible Person shall make Reasonable Efforts to prevent the admittance of any obviously intoxicated person. For purposes of this Section, a person is obviously intoxicated when he or she exhibits readily apparent outward manifestations of drug or alcohol intoxication, including, but not limited to, inability to walk or stand in a normal manner, bloodshot or glassy eyes, flushed face, incoherent or slurred speech, alcoholic breath, belligerence or other loud or boisterous conduct, extreme agitation or nervousness or mental confusion.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Indoor Establishments. No loudspeakers or sound equipment shall be used for the amplification of sound to a level audible beyond the walls of the building in which the business is located.

(b)

Outdoor Establishments. Outdoor establishments shall comply with the requirements of Section 9-10-509.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each Responsible Person shall make Reasonable Efforts to control the conduct of patrons so as to prevent or minimize disorderly or unlawful conduct within the establishment and within fifty (50) feet of the establishment.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each Responsible Person shall use Reasonable Efforts to cause the orderly dispersal of patrons from the vicinity of the establishment at closing time.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

It is unlawful for any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment's ABC license.

(b)

It is unlawful for any Responsible Person to allow any person to bring an alcoholic beverage onto the premises unless such action is allowed by the entertainment establishment's ABC license.

(Ord. 2024-18, § 1(Exh. A), 2024)

In any establishment where the sale of alcoholic beverages is lawfully permitted, it is unlawful for any Responsible Person to allow any person to remain on the premises while such person is unclothed, or in such attire, costume, clothing or semi-transparent covering as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, buttocks, vulva or genitals.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

All applications for permits shall be filed with the Director on such forms as he or she may prescribe, and shall contain the following:

(1)

The name, phone number, assessor parcel number, and permanent address of the applicant;

(2)

A description of the type of entertainment (e.g., music, D.J., sporting events, comedy, talent show), and the maximum number of persons who are expected to be present within the entertainment establishment at any one time;

(3)

The proposed number of parking spaces, opening date and hours of operation of the entertainment establishment;

(4)

For special or limited duration events, the date or dates, hours and location at the proposed entertainment;

(5)

The proposed security arrangements for the control of patrons;

(6)

The name or names of the person or persons, at the time of application, having management or supervision authority over the proposed entertainment, or any business or premises wherein the entertainment is proposed to be located;

(7)

Written consent for the proposed entertainment on the premises from the owner of the property on which the entertainment is to be conducted; and

(8)

A site plan:

(A)

Drawn on 24″ × 36″ paper and an 8½″ × 11″ reduction;

(B)

North arrow should point to top or right of page;

(C)

Include a vicinity map;

(D)

Show adjacent properties with development type;

(E)

Show all property lines of the parcel with dimensions;

(F)

Show proposed and existing structures, tents, booths and similar structures;

(G)

Show parking with calculations, driveways, landscaping.

(b)

Upon receipt of a complete application, the Director shall provide to the applicant a Notice of Application for Entertainment Permit. The applicant shall post the notice on the exterior of the premises for which the permit is sought within twenty-four (24) hours after receiving the notice and for no less than fourteen (14) consecutive days, or in the case of an application for an Entertainment Permit for a Special Event for a period no less than forty-eight (48) hours, in a location that allows interested members of the public to read the notice.

(c)

Except as provided below, the Director shall either approve or deny the Entertainment Permit within forty-five (45) working days of receipt of the complete application. The Director may extend the time for consideration of the application for up to an additional fifteen (15) working days with the written consent of the applicant. The failure of the Director to timely act shall constitute approval of the permit.

(d)

The Director shall either approve or deny a Special Event permit within fifteen (15) working days of receipt of the complete application. The applicant shall notify the Sheriff's Department of the intent to hold the event at the time the application is submitted to the Community Development Department. The Sheriff's Department shall have up to ten (10) days to review the application. The Director may extend the time for consideration of the application for up to an additional three (3) working days with the written consent of the applicant. The failure of the Director to timely act shall constitute approval of the permit.

(Ord. 2024-18, § 1(Exh. A), 2024)

Every application for a permit shall be accompanied by a nonrefundable application fee as established by resolution of the City Council. This application fee shall be in addition to any other license or permit fee imposed by this Code upon the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a Entertainment Permit, the Review Authority shall find that all of the following are true:

(a)

That the proposed entertainment is accessory to a permitted and established use;

(b)

That issuance of the permit and conduct of the entertainment at the proposed location, as conditioned, is consistent with federal, state and local laws, rules, regulations and any existing entertainment permit(s);

(c)

It does not appear, based upon the information before the Director, that the applicant has provided false or misleading material information in the application;

(d)

The proposed use is consistent with the standards, and maps of the General Plan; any applicable Master Plan, Specific Plan, and Special Purpose Plan; and any other applicable plan adopted by the City;

(e)

Adequate utilities, roadway improvements, sanitation, water supply, drainage, and other necessary facilities have been provided, and the proposed improvements are properly related to existing and proposed roadways;

(f)

The site is physically suitable for the type of development and intensity of development. This means that any associated buildings, parking, utilities, ingress and egress, and other Development code requirements;

(g)

The proposed entertainment use will not increase the possibility of unsanitary conditions, disease transmission, or contamination of soils or water, impair the operation of drainage and wastewater systems, or otherwise adversely impact public health or the environment; and

(h)

The use is physically compatible with adjoining land use which means the proposed land use is capable of existing alongside of, and will not interfere with, or alter the current land use of adjoining properties.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

In issuing the permit, the Director may impose conditions relating to the operation of the entertainment establishment.

(1)

Conditions may relate to:

(A)

The days, hours and location of operation;

(B)

Restrictions designed to prevent minors from obtaining alcohol, such as separate entrances, exits, and restroom facilities on the premises;

(C)

The number of persons allowed on premises;

(D)

Whether security guards are required, and if so, how many;

(E)

Specific measures the applicant must undertake to control the conduct of patrons so as to prevent or minimize disorderly conduct within the establishment;

(F)

Specific measures the applicant must undertake to remove trash attributable to the establishment or its patrons in and around the establishment, the surrounding neighborhood and the public right-of-way;

(G)

Specific measures the applicant must undertake to prevent the entertainment and its patrons from disturbing the peace and quiet of the surrounding neighborhood;

(H)

Specific measures the applicant must undertake to prevent its patrons from engaging in disorderly conduct in the surrounding neighborhood;

(I)

Whether the Sheriff must receive advance notice of the date of a particular event if that event is not held as part of the regularly scheduled events of the business; or

(J)

Other conditions of general applicability to land uses in the City.

(2)

Conditions shall be based on specific and articulable facts reasonably related to insuring the public health, safety and welfare, including, but not limited to, the protection of minors from alcohol and other criminal activity, the conservation of limited County public safety resources and the prevention of public nuisance activities that detract from the peace and quiet of residential neighborhoods.

(3)

Conditions shall be listed on, or attached to, the permit.

(4)

The Director shall give the applicant an opportunity to review any proposed conditions and the Director will consider the input of the applicant prior to imposing those conditions.

(5)

Conditions may not be imposed that conflict with any local, state or federal law, or that conflict with the applicant's ABC license.

(6)

If the applicant has been issued a Special Event—Extended Permit or other entertainment related permit prior to the effective date of this Chapter, conditions placed upon that permit shall be conditions of the Entertainment Permit issued under authority of this Chapter. However, nothing in this subsection shall be construed to limit the authority of the Director to place additional conditions upon the entertainment permit that are not in conflict with the existing permit conditions or to require compliance with the existing permit conditions prior to issuance of the Entertainment Permit.

(7)

If complaints have been received regarding operation of the premises, the Director may require the applicant to demonstrate compliance with applicable existing permits prior to issuance of the Entertainment Permit or may issue the permit conditioned upon the applicant obtaining any other necessary permit or other county, or state approval.

(8)

No condition may be imposed pursuant to this Chapter that suppresses or regulates expression in any manner contrary to law.

(9)

Imposition of any particular condition is appealable through the procedures set forth in Chapter 4 of Division 2.

(10)

If an applicant has submitted a complete application for an Entertainment Permit prior to the expiration of a Special Event—Extended Permit and the applicant has not violated any of the conditions of the Special Event—Extended Permit and agrees to immediately begin operating in accordance with the provisions contained in this Chapter, the applicant may continue to offer entertainment pending review and action on the Entertainment Permit.

(Ord. 2024-18, § 1(Exh. A), 2024)

The permit issued pursuant to this Chapter shall at all times be displayed in a conspicuous place in the entertainment establishment for which it was issued and shall be immediately produced upon the request of any law enforcement or code enforcement officer.

(Ord. 2024-18, § 1(Exh. A), 2024)

In the event an application for a permit is denied by the Director, no application for a permit to conduct the proposed activity at the same location shall be considered by the Director for a period of one (1) year from the denial, unless denied without prejudice.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Except as modified below, actions for enforcement, suspension, modification or revocation of an Entertainment Permit shall be governed by the procedures set forth in Chapter 7 of Division 2 of the Development Title.

(b)

After notice and an opportunity for a hearing, a permit may be revoked, suspended or modified for any of the following reasons:

(1)

The entertainment has been conducted in a manner contrary to the Findings for the issuance of a permit set forth in this Chapter;

(2)

The applicant has failed to comply with one or more conditions of the permit;

(3)

The entertainment has created sound levels that violate the Municipal Code;

(4)

The applicant or his/her employees, agents, or representatives have violated or are violating federal, state or local laws, rules or regulations in connection with the entertainment;

(5)

The entertainment has been conducted in an illegal or disorderly manner or has been conducted in such a manner as to constitute an unreasonable burden on the reasonable use and enjoyment of neighboring properties;

(6)

The applicant has knowingly made a false statement of material fact or has knowingly omitted a material fact in the application;

(7)

The entertainment has created or is creating a nuisance;

(8)

The applicant or any other Responsible Person has violated any provision of this Chapter; or

(9)

The modification has been requested by the applicant and the Director finds the modification is consistent with the provisions of this code and will not constitute a nuisance or an unreasonable burden upon County resources or the surrounding neighborhood.

(c)

In the event the Director, following an office hearing, proposes to suspend, modify or revoke a permit, written notice of the proposed suspension, modification or revocation shall be personally delivered or sent to the person requesting the hearing. The notice shall contain:

(1)

A brief statement on the specific grounds for such suspension, modification or revocation;

(2)

A statement that the applicant may appeal the proposed suspension, modification or revocation by submitting an appeal, in writing to the Director, within ten (10) calendar days of the date of service of the notice;

(3)

A statement that the failure to appeal the notice of suspension, modification or revocation will constitute a waiver of all right to an appeal hearing, and the suspension, modification or revocation wall be final.

(d)

In the case of a suspension, modification or revocation, the applicant may continue to conduct entertainment during the pendency of any appeal.

(e)

A challenge to the decision of the City Council may be filed with the San Joaquin Superior Court pursuant to California Code of Civil Procedure Section 1094.8, if applicable.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Unless an earlier expiration date is specified in the terms of the permit itself, a Dance Permit issued on or before the effective date of this Section shall be valid for one (1) year from the effective date of this Section and shall terminate thereafter. Notwithstanding any other provision of this Chapter, all Dance Permits issued on or before the effective date of this section shall be subject to this Chapter, including suspension, modification or revocation provisions.

(b)

An applicant with a permit subject to the provisions of subsection (a) of this Section may apply for an Entertainment Permit as provided above.

(c)

If an Entertainment Permit renewal is issued as provided in subsection (b) of this Section, the Director may impose conditions on the permit in accordance with this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)