Division 11 constitutes the Infrastructure Standards and Requirements. The intent of this Division is to ensure the provision of adequate infrastructure for new uses of property, expansion of existing uses, and replacement of previous uses of property, consistent with the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following General Requirements shall apply to all development projects and to all building projects for which a building permit is required unless otherwise exempted by this Title:

(a)

Public Improvements. The developer or subdivider shall grade and improve, or agree to grade and improve, all land dedicated or to be dedicated for public improvements. Improvements and grading shall be designed and constructed to provide for the use of the properties affected and for the public safety and welfare. Design and construction of said grading and improvements shall conform to the approved tentative map or approved development project and the design standards of the agency providing service. The County may require the developer or subdivider to pay an in-lieu fee in the amount of the cost of improvements to construct the required improvements as part of a County construction contract. Unless otherwise specified, all public improvements must be dedicated to the public agency responsible for their maintenance and operation.

(b)

Minimum Requirements. The provisions of this Division shall be considered minimum requirements. In all cases, the improvements must be determined to be adequate by the City and to be compatible with the site on which the project is, or is proposed to be, located.

(c)

Reserved.

(d)

Reserved.

(e)

Completion of Improvements.

(1)

Major and Minor Subdivisions.

(A)

Improvements Prior to Approval of Map. Unless otherwise specified, the following improvements required by this Division shall be completed prior to approval of a final map or parcel map:

(i)

Where the subdivision requires water service from a public water system requiring a new well, the results of the test well must be determined by the Department of Public Works and the Environmental Health Division to be adequate to comply with the requirements of Title 22 of the California Code of Regulations and the Uniform Fire Code;

(ii)

Unless otherwise specified, all other improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency, or be included in a subdivision improvement agreement, per Subsection (j), prior to approval of a final map or a parcel map.

(B)

Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a building permit:

(i)

Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection;

(ii)

Where served by a public water system, that system shall comply with the requirements of Title 22 of the Regulations; and

(iii)

Roads and driveways shall be constructed to meet the minimum requirements of the Uniform Fire Code, and drainage facilities required to insure access shall be approved by Public Works.

(C)

Improvements Prior to Final Inspection. Unless otherwise specified, all improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.

(2)

Other development projects or building permits:

(A)

Improvements Prior to Issuance of a Building Permit. Unless otherwise specified, the following improvements shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a building permit:

(i)

Where served by a public water system, that system shall be operational and provide adequate water quantity and pressure for fire protection;

(ii)

Where served by a public water system, that system shall comply with the requirements of Title 22 of the California Code of Regulations;

(iii)

Roads in antiquated subdivisions proposed to be improved to public road standards shall be completed to the satisfaction of the Department of Public Works, or be included in a deferred improvement agreement per Subsection (j); and

(iv)

Roads and driveways shall be constructed to meet the minimum requirements of the Uniform Fire Code, and drainage facilities required to insure access shall be approved by Public Works.

(B)

Improvement Prior to Final Inspection. Unless otherwise specified, all improvements required by this Division, or as a condition of approval, shall be completed to the satisfaction of the responsible department or agency prior to the issuance of a Certificate of Occupancy or approval of a final building inspection.

(f)

Irrevocable Offer of Dedication. Applications for Major or Minor Subdivisions shall be accepted only if the applicant provides, at applicant's cost for processing by the City of Mountain House, an irrevocable offer of dedication from an adjacent or other property owner(s), if such irrevocable offer of dedication is deemed necessary by the Department of Public Works.

(g)

Reserved.

(h)

Reserved.

(i)

Improvement Plans for Public Improvements. Improvement Plans are required for construction of any required public improvements. Plans shall consist of drawings, details, and specifications sufficient to describe the construction of the improvements. Plans must be prepared by a Registered Professional Engineer. Improvement Plans shall be submitted for review and approved by the agency providing the service prior to approval by the Department of Public Works and to construction of the improvement. All Public Improvement Plans shall be approved by the Director of Public Works prior to submitting any subdivision map for acceptance by the City Council. All Public Improvement Plans shall be approved by the Director of Public Works prior to construction of any subdivision improvements, or prior to issuance of any building permit for other development projects.

(j)

Guarantees Provided by Developers Relative to Improvements.

(1)

Subdivision Improvement Agreement. If any improvements are required as a condition to the approval of a final map or parcel map, unless the improvements are constructed and accepted prior to approval of the final map or parcel map, a subdivision improvement agreement shall be executed between the developer and the City guaranteeing construction of the improvements within a specified period of time.

(2)

Improvement Participation Agreement. If the Director of Public Works allows any required infrastructure improvements to be deferred to a specific date, as determined by the Director, a deferred improvement participation agreement shall be executed between the developer and the City guaranteeing construction of said improvements. The agreement shall be secured in accordance with Section 9-1-301(j)(3) herein.

(3)

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

(A)

Faithful Performance Bonds. Where improvements are required by the provisions of this Division, the subdivider shall provide a faithful performance bond guaranteeing the faithful performance of all work, excluding work to be performed by public utilities, in a sum equal to one hundred percent (100%) of the estimated cost of such work as provided in Sections 66499 and 66499.1 of the Subdivision Map Act. The subdivider shall also guarantee labor and materials in an amount equal to fifty percent (50%) of the faithful performance bond as provided in Section 66499.3 of the Subdivision Map Act. This sum shall include any other fees which may be required by the Department of Public Works.

(B)

Bonds by Surety Companies. All tax bonds for special assessments as required by California Government Code Section 66493 and all faithful performance bonds referred to in this Section shall be furnished by a surety company authorized to write the same in the State of California and shall be subject to the approval and acceptance of the City Council. The form and contents of the bond shall comply with the applicable provisions of California Government Code Sections 66499.1 through 66499.5.

(C)

Money or Securities. In lieu of any faithful performance bond or tax bond required by this Section, the subdivider may furnish the type of security as provided in California Government Code Section 66499, subject to approval of the City Council.

(D)

Forfeiture or Failure to Complete. Upon the failure of a subdivider to complete any improvement within the time specified in an agreement or extension thereof, the City Council may, upon notice in writing of not less than twenty (20) days served by registered mail, addressed to the last known address of the person, firm, or corporation signing such contract, determine that said improvement work or any part thereof is uncompleted and may cause to be forfeited to the City or Flood Control District such portion of said sum of money or bonds given for the faithful performance of said work as may be necessary to complete such work.

(k)

Payment for Fees Related to Areas of Benefit. In the event that the City Council has established an Area of Benefit, the subdivider or developer within said Area of Benefit shall pay to the City the proportionate share of the costs established under the Area of Benefit established by ordinance and an administrative fee as set forth in the adopting Ordinance prior to the approval of any final map or parcel map, or prior to the issuance of any building permit for any other development project.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council may establish an Area of Benefit and collect fees for the construction of drainage and sewage disposal facilities pursuant to Section 66483 of the Subdivision Map Act; or establish an Area of Benefit and collect fees for the construction of bridges or major thoroughfares pursuant to Section 66484; or establish an Area of Benefit and collect fees for other improvements, including water facilities, deemed necessary by the City in accordance with the procedures specified in Section 66483. The fees shall include the cost of engineering and the cost of establishing the Area of Benefit in addition to the actual cost of facilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

For those public facilities to be operated and maintained by a City agency, the City will not accept the responsibility of maintenance of public improvements until final completion and acceptance of all items. For those public facilities to be operated and maintained by other public agencies, those agencies must approve the improvements to be operated and maintained by them as required by Section 9-1-303(e). If a new Service Area or District is required to serve the development project, the new Service Area or District must be formed and accept the facilities for maintenance as required by Section 9-1-303(e). Acceptance by the City will be by the City Council upon recommendation from the Director of Public Works.

(Ord. 2024-18, § 1(Exh. A), 2024)

Easements for facilities outside of public rights-of-way must be granted to the City when the City deems it necessary for proper operation and maintenance of the public facilities. The easements are to be deeded for the purpose of access, operation, repair, replacement, alteration, and maintenance. All development projects which have publicly owned easements must provide covenants running with the land stating that no buildings, fills, excavations, structures, fences, or other alterations will be constructed within the publicly owned easement without the express written consent of the Director of Public Works.

(Ord. 2024-18, § 1(Exh. A), 2024)

Where it is necessary, as determined by the City, to extend improvements beyond the boundaries of the development project for adequate traffic, drainage, flood control, or water and sewer service needs, the developer shall be required to acquire and dedicate, or submit verification of the ability to acquire and dedicate, to the City the necessary easement or right-of-way to accommodate such improvements prior to the approval of a development project application.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the requirements for wastewater service and wastewater disposal for development projects.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following general requirements for wastewater disposal shall apply to all development projects, unless otherwise specified in this Title:

(a)

Reserved.

(b)

Reserved.

(c)

Written Confirmation for Building Permits. Applications for building permits shall include written confirmation that the development project meets the requirements of this chapter. For public systems, this confirmation shall be given by the City.

(d)

Reserved.

(e)

Mandatory Connection Within Two Hundred Feet. Any expansion of an existing use on an existing parcel shall require the project to be served by the City sewer system if:

(1)

The expanded use generates additional wastewater, and

(2)

The sewer main is within two hundred feet (200′) of the nearest building.

(f)

Extension of Sewer Main. When the Director of Public Works determines that extension of the sewer main through a project or along a project parcel frontage is necessary for the orderly provision of wastewater disposal service to an area, the developer shall extend the sewer main in accordance with the serving agency's design standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the minimum regulations for the use of water wells.

(Ord. 2024-18, § 1(Exh. A), 2024)

Private, on-site domestic water wells shall not be approved where public water systems are available.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Well Permit shall be approved by the Director of the Environmental Health Division prior to digging, drilling, boring, driving, repairing, or destroying any well; or repairing, replacing, installing, or sealing a pump for use on any well. The permit is required whether the well is to be used for domestic, irrigation, testing, geophysical, seismic, subsurface boring, monitoring, injection, extraction, vapor probe, cathodic protection, or other purposes. A permit is not necessary to replace or repair equipment if the sanitary seal is not broken.

(Ord. 2024-18, § 1(Exh. A), 2024)

Well Permits shall be subject to the following requirements:

(a)

Requirements for Application. Applications for Well Permits must be initiated by a well driller licensed by the State of California. Applications shall be filed with the Environmental Health Division. A request for a Well Permit shall include a site plan which clearly delineates the location and characteristics of the proposed use.

(b)

Review Procedures. Well Permit applications shall be reviewed by the Director of the Environmental Health Division using the Staff Review Procedure in Chapter 3 of Division 2, with the following modifications:

(1)

Preapplication Conferences shall not be required; and

(2)

The time limit for approval shall be one (1) year.

(c)

Filing Deadline. The application shall be filed and accepted as complete at least forty-eight (48) hours prior to commencing on-site work.

(d)

Development Requirements. A Well Permit may be approved by the Director of the Environmental Health Division only if the following conditions are met:

(1)

The proposed well shall not be offensive, dangerous, or injurious to health, or create a nuisance;

(2)

The proposed well complies in all respects to the standards of the Environmental Health Division for the construction of wells; and

(3)

Upon completion of the well, the applicant or the Well Contractor shall file a copy of a Well Drillers Report with the Environmental Health Division. These report forms will be furnished by the Director of Environmental Health Division or the State of California Water Resources Board.

(e)

Inspection of Permitted Work. The well site, location, material, and methods used may be inspected by the Director of Environmental Health at any time prior to or during construction or destruction of any well. The Director of the Environmental Health Division shall be informed when the work is completed and thereafter shall make a final inspection. Work done under any water well permit shall not be covered, concealed, or put into use until it has been inspected and approved by the Director.

(f)

Changes May Be Ordered. The Director of the Environmental Health Division may order changes in the location of water wells and in the methods, means, and manner of constructing water wells in order that the same shall not constitute a menace to the health of human beings or animals, or a detriment to groundwater sources. The orders of the Director shall designate the period within which such changes are to be made.

(g)

Special Permits. Notwithstanding any other provisions of this Chapter, the Director of the Environmental Health Division may approve Special Permits for limited periods of time when the requirements of this Chapter or any of the standards adopted pursuant to this Chapter are found to be impracticable or unnecessary. In approving a Special Permit, the Director shall prescribe all conditions necessary to protect the public health. Permits shall be subject to a specified time limit.

(h)

Emergency Repairs. In the event of an emergency, as evidenced by lack of water, repairs may proceed without a permit. Emergency repairs include the construction of a new well, or the repair, deepening, or replacement of a well or pump. All work done under emergency conditions shall comply with the standards adopted pursuant to this Chapter. In all such cases, the owner or contractor must file a statement that this was an emergency repair and the reason for the repair. Application for emergency repairs must be made within forty-eight (48) hours after such repairs are begun, excluding weekends and holidays.

(Ord. 2024-18, § 1(Exh. A), 2024)

All wells shall be subject to the following regulations:

(a)

Sanitary Seal. All wells shall have a sanitary seal.

(b)

Concrete Platform or Slab. All wells, except cathodic protection wells, shall have a concrete platform or slab constructed to prevent the entrance of surface water from any source into the well or the underground water source.

(c)

Disinfection. After the construction or repair of all water wells and prior to the use of the well, the well and all appurtenances thereto shall be adequately disinfected.

(d)

Grout Seal. All water wells shall have a grout seal in the annular space.

(e)

Abandonment of Wells. Upon determination that any well is abandoned as provided in the rules and regulations adopted pursuant to this Chapter, that well must be destroyed in the manner prescribed so that entrance of degraded or contaminated water into usable aquifers, or creation of a safety hazard, are minimized.

(f)

Destruction of Wells. The Director of the Environmental Health Division is authorized, after reasonable efforts to eliminate pollution, contamination, or a safety hazard, to enforce the permanent abandonment by destruction of any well that is polluted, contaminated, or is so located as to become polluted or contaminated or is a safety hazard. The Director is authorized to destroy any such well and to recover the cost of the destruction from the owner of the property on which the well is located.

(g)

Out-of-Service Wells. If the owner intends to cease use of a well for a period of six (6) months or more, the owner shall inform the Director of Environmental Health. Such a well shall be protected from any source of contamination while the well is temporarily out of service. The owner shall maintain such a well as required in the standards adopted pursuant to this Chapter.

(h)

Dewatering Wells. The Director of the Environmental Health Division shall be notified prior to installing dewatering wells in areas of known contamination. The Director shall be notified immediately of areas where contamination is encountered, and cease operation until clearance from the Director is obtained.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council shall adopt uniform standards for the construction, installation, alteration, and modification of the facilities subject to this Chapter based on investigation, inspection, and tests and accepted standards. These standards may be amended as necessary by the City Council. The standards shall not conflict with the requirements of this Title or the laws of the State of California. All well facilities shall be constructed or modified only if they comply with the adopted standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

In all areas of the City where poor quality water could infiltrate good quality groundwater due to well construction, special requirements will be set to protect the good quality water. These areas of water quality problems shall be identified by the Director of the Environmental Health Division based on the best available information and adopted pursuant to Section 9-11-304.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following uses are hereby prohibited.

(a)

Well Pits. The construction, use, or installation of well pits.

(b)

Separate Wells. The provision of water to a residence from an off-site private, domestic water well located on a separate recorded parcel.

(Ord. 2024-18, § 1(Exh. A), 2024)

It shall be unlawful to maintain or use any residence, place of business, or other building or place where persons reside, congregate, or are employed which is not in compliance with the requirements of this Chapter and the standards relating to wells made and established by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director of the Environmental Health Division shall be responsible for enforcement of this chapter. Any violation of this Chapter shall constitute a public nuisance subject to enforcement under the provisions of Title 8, Division 5 of this Code, also known as the Housing and Nuisance Abatement Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any appeal of a notice of violation shall first be filed with the Environmental Health Division within thirty (30) days of notification of the violation. Upon receipt of a written appeal, the Director of Environmental Health shall designate a hearing official, which official shall schedule an office hearing to attempt to resolve the matter. The matter will be set for hearing not less than seven (7) days and not more than twenty-one (21) days from the date of receipt of a written appeal. Notice of the office hearing shall be sent to the appellant by registered or certified mail. Notice shall be sent to the appellant, the owner if different from the appellant, and anyone else who has requested in writing to receive such notice. If the matter is resolved with a determination that a violation did occur or continues to occur, the cost of the office hearing shall be added to the expenses incurred by the City in abating the nuisance and shall be billed to the owner as part of the Statement of Expense. If the matter is not resolved at the office hearing, the appellant may file a written appeal to the City Council. The written appeal must be filed with the City Clerk within thirty (30) days of receipt of the written decision of the hearing official. The written decision shall advise that the owner has thirty (30) days to bring the subject property into compliance or file a written appeal with the City Council. If the property is not brought into compliance and no appeal to the City Council has been filed within the time specified, the Environmental Health Division shall submit a resolution to be placed on the consent calendar of the City Council approving the Statement of Expense. If the matter is appealed to the City Council and the appeal results in a finding of a violation, the cost of the hearing before the City Council will be added to the cost of abatement and included on the Statement of Expense.

(Ord. 2024-18, § 1(Exh. A), 2024)

Fees for inspections or permits issued pursuant to this Chapter may be set by resolution of the City Council. All fees and fines collected under the provisions of this Chapter shall be paid into the City Treasury, to the credit of Public Health Services.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Permit required for grading and excavating. No person shall dig holes, trenches, or ditches, make openings or excavations of any kind for any purpose, or perform grading of earth soil or other material on any street, highway, road, or other public place except upon application to, and permit granted by, the Director of Public Works, who shall have authority to prescribe how much work shall be done, how the holes, trenches, ditches, and openings shall be filled or backfilled, when the work may be commenced, and when finished. Every permit granted pursuant to this section shall be made on the condition that if the grantee fails, refuses, or neglects, within a reasonable time after written demand of the Director of Public Works, to complete the work or to restore the street, highway, road, or other public place to a condition equal to or better than its condition before the opening or excavation was made and to maintain the same in that condition, the Director of Public Works may do the work and furnish the material necessary, therefore, and all sums reasonably expended for these purposes shall be repaid to the City by the grantee.

(b)

Bond or Cash Deposit. No application shall be granted until the applicant has filed with the Director of Public Works a bond or cash deposit in a sum satisfactory to the Director guaranteeing that the street, highway, road, or other public place shall be restored to a condition equal to or better than its condition before the opening was made and shall be maintained in that condition. An applicant for these permits may file one bond to cover all work during a year, if desired, in an amount that the Director shall deem necessary to save the City harmless from all damage.

(c)

Liability of County. Nothing in this chapter shall be construed to enlarge the liability of the City for any excavation or work or for damages to the public or otherwise resulting therefrom, and every permit and bond issued under this chapter shall provide that the City and its officers and employees shall be held harmless on account of any damage or injury to the public or otherwise resulting from the excavation or other work.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Irrigation Drainage. No person shall drain irrigation water, or permit irrigation water to be drained, from his lands onto any county highway by any means.

(b)

Obstructions. No person shall obstruct any natural watercourse so as to:

(1)

Prevent, impede, or restrict the natural flow of waters from any county highway into and through the watercourse, unless other adequate and proper drainage is provided.

(2)

Cause waters to be impounded within any county highway.

(3)

Cause interference with, or damage or hazard to, public travel.

(c)

Water Storage. No person shall store or distribute water for any purpose so as to permit it to overflow onto, to saturate by seepage, or to obstruct any County highway.

(d)

Acts Requiring Permit. No person without a permit shall cause or permit the following:

(1)

Maintain or, if already existing, continue to maintain any obstruction of any drainage facility lying partly or wholly within, across, under, or above any County highway.

(2)

Permit to be deposited in any drainage facility in any County highway any material or substance, including dirt, soil, weeds, trash, rocks, or any other substance which would tend to impede the drainage of water.

(3)

Alter, construct, obstruct, constrict, or enlarge any drainage facility within any County road right-of-way by increasing or decreasing the amount, extent, nature, or direction of flow of water along any drainage facility.

(4)

Decrease or increase, enlarge or construct, heighten or deepen, or in any other fashion change the drainage facilities on private property or public property facilities on private property or public property adjacent to any drainage facility along or across any County highway so as to prevent the natural or ordinary drainage of waters along the highway or so as to place an extraordinary burden on the capacity of any drainage facilities along any County highway.

(Ord. 2024-18, § 1(Exh. A), 2024)

Encroachment permits are required for the erection or construction of any facility or for alterations or moving of any existing facilities within the City right-of-way. They shall be applied for and secured from the Office of the Director of Public Works or at other offices that may be designated by the Director of Public Works for these purposes where employees or representatives of the Director of Public Works may be authorized to issue these permits.

(a)

Administration.

(1)

The Director of Public Works shall have the following powers and duties in administering and enforcing this chapter:

(A)

The issuance of permits.

(B)

Enforcement of related state laws as well as this chapter.

(C)

Keeping of accurate records.

(D)

The preparation and adoption of the forms, rules, and regulations that may be reasonably necessary for the proper enforcement of this chapter, including requirements for the submission by applicants for permits of plans and specifications, informal or formal, that may be deemed necessary for the proper location and construction of the various types of drainage facilities.

(E)

The inspection of construction and operation of drainage facilities. For this purpose the Director of Public Works or his authorized representative shall have the power of a police officer, including the right of entry on private property, the right to stop construction operations, and the right to clear out or open up the stoppage of any drainage facility if the stoppage is deemed contrary to this chapter and does or may endanger public health, safety, and the general welfare.

(F)

Other powers and duties, related to the foregoing, that may be reasonably necessary for the proper administration and enforcement of the provisions of this chapter.

(2)

The Director of Community Development shall be empowered to issue driveway encroachment permits and transportation permits for moving mobile homes and conventional houses.

(b)

Notice to Remove Encroachment.

(1)

If any encroachment exists in, under, or over any County highway, road, or land, the Director of Public Works may require the removal of the encroachment in the manner provided hereinafter.

(2)

Notice shall be given to the owner, occupant, person in possession of the encroachment, or any other person causing or allowing the encroachment to exist by serving on him a notice containing a demand for the immediate removal of the encroachment from within the highway. The notice shall describe the character and location of the encroachment with reasonable certainty. In lieu of service on the person, service of the notice may also be made by registered mail or by posting, for a period of five (5) days, a copy of the notice on the encroachment described in the notice in a manner that will not interfere with the use of the highway. In case the owner, occupant or person in possession is not present in the City, notice may be given to his agent in lieu of service by mailing or posting.

(c)

Removal of Encroachment. The Director of Public Works may immediately remove from any county highway any encroachment which:

(1)

Is not removed, or the removal of which is not commenced and thereafter diligently prosecuted, within five (5) days after the service of the notice.

(2)

Obstructs or prevents the use of the highway by the public.

(3)

Consists of refuse.

(4)

Is an advertising sign of any description unless the advertisement is a notice posted as required by law.

(d)

Recovery of Costs. The Director of Public Works may remove any encroachment on the failure of the owner to comply with the notice of demand of the Director of Public Works under the foregoing section and shall have an action to recover the expenses of the removal, costs and expenses of suit, and, in addition, the sum of ten dollars ($10.00) for each day the encroachment remains after the expiration of five (5) days from the service of the demand.

(e)

Abatement Action: Recovery of Penalty. If the owner, occupant, person in possession of the encroachment, the person causing or suffering the encroachment to exist, or the agent of any of them, disputes or denies the existence of the encroachment or refuses to remove or permit the removal of the encroachment, the Director of Public Works, in the name of the City, may commence, in any court of competent jurisdiction, an action to abate the encroachment as a public nuisance. If judgement is recovered by the Director of Public Works, he may, in addition to having the encroachment adjudged a nuisance and abated, recover ten dollars ($10.00) for each day the encroachment remains after the service of the notice in the manner provided in the foregoing sections and may also recover the costs and expenses incurred in the action. This remedy is cumulative and does not exclude punishment for the violation of this Chapter as otherwise provided in this Chapter.

(f)

Disposition of Recovered Money. All money recovered under the provisions of this chapter shall be paid into the Road Fund which is available to the Director of Public Works for highway purposes.

(g)

Procedures Not Exclusive. Procedure provided in this chapter is not exclusive and shall not prohibit the Director of Public Works or other County officers and departments from exercising any other remedy provided by law to prevent damage to or protect any County highway or to collect the damages therefrom.

(h)

Violation: Penalties. In case of violations, appropriate procedures may be taken for the abatement, removal and restraint of any actions taken in violation of the provisions. Penalties shall be as specified in Section Chapter 2 of Division 19, with the correction period reduced to five (5) days.

(i)

Liability of County. This chapter shall not be construed to impose on the City any liability or responsibility for damage resulting from drainage obstruction, nor shall the City or any County official or employee be held to assume any such liability or responsibility by reason of any inspection authorized under this chapter, by reason of any failure to make the inspection, or by the granting or denial of any permit.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the requirements for roadways in new development projects and projects on existing parcels where no discretionary permits are required.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following General Requirements shall apply to all development projects:

(a)

Design and Dedication. All roads in a development project shall be designed and constructed in accordance with City of Mountain House Improvement Standards and shall be offered for dedication as public roads unless the Review Authority approves the use of private roads within the development project. Private roads shall be designed and constructed to the same standards as City maintained roads.

(b)

Access to Parcels. All projects involving new nonagricultural structures or the expansion of existing nonagricultural structures by twenty-five percent (25%) or more, except existing residential structures, shall have, at a minimum, access to a publicly maintained road, by one of the following methods:

(1)

Direct frontage on a County, city, or State maintained road. The frontage of the project shall be designed and constructed in accordance with the provisions of this Chapter and the standards of the agency with jurisdiction of the road;

(2)

Access to a County, city, or State maintained road by a private right-of-way approved under the provisions of Section 9-11-514;

(3)

Access to a County, city, or State maintained road by a private right-of-way or easement approved as part of a major or minor subdivision and improved to the specifications in Section 9-11-515; or

(4)

Frontage on a public or private road in an antiquated subdivision improved to the standards specified in Section 9-11-516.

(c)

Project Frontage. The frontage for a development project shall meet the following requirements:

(1)

For lots along a public or private road, the developed frontage shall be equal to at least the minimum lot width required by the zone in which the lot is located;

(2)

For lots within proximity of an intersecting road, defined as a distance which is less than the minimum width [on] which the lot is located, the developed frontage along the public or private road shall be at least equal to the min width required by the zone in which the lot is located plus the extension to the corner of the intersecting road, in return area.

(d)

Improvement Required.

(1)

Development Projects. The developer shall improve all existing and proposed roads which are a part of the development project or are required to serve the development project in accordance with the requirements of this Chapter. Only development projects that generate fifty (50) or more vehicles per day will be required to improve the frontage. Development projects in Agricultural Zones will be limited to standards for one-half (½) of fifty (50) foot rural road improvements.

(2)

Projects in Antiquated Subdivisions. For new, nonagricultural structures or projects that increase the floor area of existing nonagricultural structures by twenty-five percent (25%) or more, except existing residential structures, all roads shall be improved as specified in Section 9-11-516.

(3)

Other Projects. Where the land is subdivided in an area designated for urban or rural community or other commercial, industrial, or residential development by the General Plan, or is zoned AL-5, frontage improvements shall be provided.

(4)

Deferred Improvements. At the option of the Director of Public Works, the improvements required by this section may be deferred upon execution of a Deferred Frontage and Roadway Improvement Agreement and payment of the required processing fee. At the option of the owner, he/she may execute a secured deferred frontage and roadway agreement with a deposit of the estimated improvement costs into a trust account to avoid placing an encumbrance on the property.

(5)

Payment Instead of Improvements. If any improvement to be performed is located on a portion of highway of which the City is contemplating improvement, the Director of Public Works may elect to improve the portion thereof otherwise required to be improved by the subdivider. In such event, the subdivider shall, prior to the approval of the final map, enter into an Improvement Participation Agreement per Section 9-11-103(j)(2) and pay to the City, in full discharge of the subdivider's obligation herein provided for, a sum equal to the estimated cost to the City of performing the improvement required to be performed by the subdivider. The improvement to be performed by the City shall be done at the time the City improves the highway.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following roadway functional classifications and characteristics are to be used in conjunction with the Circulation Element of the General Plan for the City of Mountain House. The Director of Public Works may modify the required right-of-way width and lane configuration of a roadway as special conditions may warrant.

(a)

Freeways.

(1)

Multi-lane divided highways with no direct access to abutting properties and which have grade separations at intersections. Interchanges with freeways, expressways, arterials, or rural roads only.

(2)

Serves as the primary type of intercity or community highway carrying traffic between urban communities.

(b)

Expressways.

(1)

Highways which generally provide no direct access to abutting properties. The primary purpose of an expressway is to carry through traffic with minimum interference with adjacent development. Intersections are limited to freeways, expressway, major and minor arterials, and rural roads only. Intersections are usually no closer than one-quarter mile.

(2)

Serves as intercity or intercommunity highway carrying primarily through traffic.

(3)

May be two (2) lane undivided highway in rural area or multi-lane divided highway in urban area.

(4)

Requires minimums of eighty-four (84) foot wide right-of-way in rural areas and one hundred ten (110) foot wide right-of-way in urban areas with additional widening for turn lanes at intersections. On-street parking is prohibited.

(5)

Major arterials shall have a minimum right-of-way width of ninety-eight (98) feet and a maximum right-of-way width of one hundred fifty-two (152) feet.

(6)

Excluding pre-existing residential areas within the Mountain House New Town, access to residential lots from major arterials shall be prohibited.

(7)

On-street parking shall be prohibited.

(8)

Major arterials shall be planned to accommodate approximately thirty-five thousand (35,000) to forty-five thousand (45,000) vehicles per day.

(c)

Minor Arterials.

(1)

Except for Main Street, minor arterials shall have a minimum right-of-way width of one hundred four (104) feet and a maximum right-of-way width of one hundred thirty-four (134) feet. Main Street, from De Anza Boulevard to Central Parkway and at Village Green, shall have a maximum right-of-way width of two hundred fifty-eight (258) feet.

(2)

Access to residential lots fronting on Central Parkway shall be from local streets, common driveways, or alleys.

(3)

On-street parking shall be prohibited, except for Main Street within the Town Center area.

(4)

Minor arterials shall be planned to accommodate approximately twenty-five thousand (25,000) vehicles per day.

(d)

Collectors.

(1)

Residential Collectors.

(A)

A residential collector shall have a minimum right-of-way width of sixty-two (62) feet.

(B)

Access to adjacent lots from residential collectors is permitted.

(C)

On-street parking on both sides of a residential collector shall be allowed.

(D)

Residential collectors shall be planned to accommodate approximately seven thousand (7,000) vehicles per day.

(2)

Commercial/Industrial Collectors.

(A)

Commercial/industrial collectors shall have a minimum right-of-way width of sixty-four (64) feet and a maximum right-of-way width of eighty-four (84) feet.

(B)

On-street parking shall be limited to automobile and light truck use only.

(C)

Commercial/industrial collectors shall be planned to accommodate between seven thousand (7,000) and ten thousand (10,000) vehicles per day.

(e)

Local Residential Roads.

(1)

Local Residential Type I Roads.

(A)

Local residential Type I roads shall have a minimum right-of-way width of forty-five (45) feet and a maximum right-of-way width of fifty (50) feet.

(B)

Local residential Type I roads shall be planned to accommodate approximately three hundred (300) vehicles per day.

(C)

On-street parking may be allowed on one (1) or both side(s) of the street as determined by the CSD.

(2)

Local Residential Type II Roads.

(A)

Local residential Type II roads shall have a minimum right-of-way width of forty-nine (49) feet and a maximum right-of-way width of fifty-four (54) feet.

(B)

Local residential Type II roads shall be planned to accommodate approximately six hundred (600) vehicles per day.

(C)

On-street parking on both sides of the street shall be allowed.

(3)

Local Residential Type III Roads.

(A)

Local residential Type III roads shall have a minimum right-of-way width of fifty-three (53) feet and a maximum right-of-way width of fifty-eight (58) feet.

(B)

Local residential Type III roads shall be planned to accommodate approximately one thousand five hundred (1,500) vehicles per day.

(C)

On-street parking on both sides of the street shall be allowed.

(f)

Local Commercial and Industrial Roads.

(1)

Local commercial and industrial roads shall have a minimum right-of-way width of sixty (60) feet and a maximum right-of-way width of eighty-four (84) feet.

(2)

On-street parking shall be limited to automobile and light truck use only and shall be prohibited near intersections and driveways.

(g)

Rural Residential Roads.

(1)

Rural Residential roads are two (2) lane undivided roads with intersections at grade and with driveway access to abutting residential lots. A maximum of sixteen (16) existing or potential lots will be served by Rural Residential Roads.

(2)

Rural Residential roads provide access to residential development within Rural Residential zones, agricultural zones, and Planned Development zones with appropriate approvals.

(3)

Rural Residential roads have traffic capacity of about two thousand (2,000) vehicles per day, but seldom carry more than two hundred (200) vehicles per day.

(4)

Rural Residential roads require a fifty (50) foot wide right-of-way and function as a Cul-De-Sac, Continuous Loop, Private Right-of-Way, or Connector of Rural roads. Rural Residential roads cannot be used as an interconnecting street to provide through traffic circulation between existing or planned collectors or higher classes of roadway.

(h)

Rural Roads.

(1)

Rural roads are two (2) lane undivided roads with intersections at grade.

(2)

Rural roads provide local access to agricultural properties outside of the urban centers. They also may function as collector or arterial roads in the rural county areas by providing access to freeways and acting as a primary route between urban and rural centers.

(3)

The traffic capacity of rural roads is about ten thousand (10,000) vehicles per day, but most seldom carry more than two thousand (2,000) vehicles per day.

(4)

Requires fifty (50) foot wide right-of-way.

(i)

Conformance with Roadway Section. All roadways shall conform to the applicable roadway section specified in the Master Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Traffic studies may be required by the City to adequately assess the impacts of a development project on the existing and/or planned street system.

(a)

When Required.

(1)

Unless waived by the Director of Public Works, the City shall require a Traffic Study for a development project when traffic caused by the development project is expected to exceed fifty (50) vehicles during any hour.

(2)

At the request of the Director of Public Works or Review Authority, the City shall require a Traffic Study for a development project when traffic caused by the development project is expected to be greater than fifty (50) vehicles during any hour. A Traffic Study will generally not be required for less than fifty (50) vehicles per hour unless warranted by special circumstances.

(3)

The County may require a supplemental Traffic Study if, after preparing an original Traffic Study for any development project, the property's use is changed so that total trip generation is expected to increase by more than fifteen percent (15%).

(b)

Contents of Traffic Studies. To provide consistency and to facilitate review of Traffic Studies, the format outlined in the City of Mountain House Improvement Standards will be followed in the preparation of such studies.

(c)

Responsibility for Traffic Studies. The County will prepare or contract for preparation of any required Traffic Studies.

(d)

Payment. The developer shall deposit with the City funds for all costs prior to the City preparing any required Traffic Studies in conformance with the current fee schedule.

(Ord. 2024-18, § 1(Exh. A), 2024)

Dedication of public rights-of-way for development projects shall be as follows:

(a)

Widening Existing Rights-of-Way. On parcels less than forty (40) acres, developers or any applicant for a building permit for a new nonagricultural building or a twenty-five percent (25%) or more expansion of an existing nonagricultural building, that generates an additional twenty (20) or more vehicles per day shall dedicate rights-of-way, or make an irrevocable offer of dedication at the discretion of the Department of Public Works, for widening existing public roads across the project frontage in accordance with Section 9-1-4010.5(e).

(b)

Subdivision. Where any subdivision creates a parcel of land with three hundred thirty (330) feet or less of frontage o roadway, or the land is designated urban or rural community or other commercial, industrial, or residential develop General Plan, or is zoned AL-5, dedication will be provided.

(c)

New Rights-of-Way. Developers shall dedicate rights-of-way for new public roads within a development project in accordance with Section 9-11-505(e).

(d)

Off-site Rights-of-Way. Developers shall obtain off-site rights-of-way where required for the project by the Review Authority, subject to the provisions of Section 9-11-109.

(e)

Dedication Width. Right-of-way widths shall be dedicated as follows:

(1)

In conformity with the General Plan, a Master Plan, a Specific Plan, or a Special Purpose Plan, the width shall be as specified in this Chapter and the City of Mountain House Improvement Standards for a roadway of that functional classification.

(2)

For roads which are not indicated in the General Plan, Specific Plan, or Special Purpose Plan, widths shall conform to the requirements of Section 9-11-503, with the functional classification determined by the Director of Public Works.

(3)

If the existing right-of-way is equally divided by the original property line or section line, then the required dedication shall be no more than one-half (½) of the amount needed to achieve the total required road width.

(4)

If the existing road was taken entirely off the property to be developed and is wider than half (½) of the total planned width, then no additional right-of-way shall be required.

(5)

If the existing right-of-way was taken entirely off the property on the opposite side of the road from the development project, then the required widening shall be equal to the total amount of the widening needed to achieve the total planned road width.

(6)

Where topography or existing improvements, such as a railroad right-of-way, make it impractical to comply with the above sections, the Director of Public Works shall establish criteria for right-of-way dedication and roadway widening.

(f)

Access Rights. When any development project abuts an arterial or expressway, access shall be restricted to the roadway, except where access is delineated on a Special Purpose Plan. The developer shall dedicate to the City access rights in the area of restricted access. When access to a roadway is restricted, vehicular access to the property must be provided by another public roadway.

(Ord. 2024-18, § 1(Exh. A), 2024)

New roads within development projects shall be dedicated and improved to their full width except as follows:

(a)

Expressways, Major Arterials, and Minor Arterials. The Review Authority may allow less than full width improvement on expressways and major and minor arterials within or fronting development projects when the expressways and arterials are not required to meet existing and projected traffic demands.

(b)

Local and Collector Roads. The Review Authority may allow less than full width improvements on local and collector roads along the boundary of a development project except that the roads shall be improved to a minimum of one-half street on the project side, plus one twelve-foot wide lane and graded shoulder on the other side.

(Ord. 2024-18, § 1(Exh. A), 2024)

Alleys serving individual or group residential units may be permitted.

(a)

Alleys shall be designed, constructed and maintained in accordance with the standards developed for Mountain House approved by the City.

(b)

All alleys shall be designed to meet or exceed the minimum standards for pavement design, drainage and lighting appropriate for the type of development being served.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Conformance with Bicycle Path Section. Bikeways, including Class I paths, Class II lanes, and Class III routes, shall conform to the applicable bicycle path cross-section specified in the Master Plan.

(b)

Timing. All bikeways shall be constructed concurrent with the roadway.

(1)

All bikeways shall be part of the roadway development/design when said bikeways are within the road right-of-way.

(2)

All multipurpose Class I paths shall have curb ramps and crosswalk striping for crossing streets.

(3)

Where bikeways intersect signalized roadways, the traffic signals at such locations shall include equipment to permit cyclist actuation.

(c)

Required Dedication. A developer may be required to dedicate land for bicycle paths for use by the residents of a subdivision in accordance with Section 66475.1 of the Subdivision Map Act.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Conformance with Pedestrian Path Section. Pedestrian paths, consisting of multiuse paths and walks, shall conform to applicable pedestrian walk/path cross-section specified in the Master Plan.

(b)

Multi-use Paths.

(1)

Excluding the Old River multi-use path, multi-use paths shall be at least eight (8) feet in width, except it shall be ten (10) feet in width where constructed on only one side of the road where no Class II bike lanes are planned. The Old River multi-use path shall be at least twelve (12) feet in width.

(2)

Multi-use paths may be constructed of decomposed granite, asphalt or concrete.

(c)

Walks.

(1)

Walks along collector streets shall be a minimum of five (5) feet in width, except where adjacent to rolled curbs where they shall be a minimum of six (6) feet in width, excluding the curb. Walks along local streets shall be a minimum of four (4) feet in width.

(2)

Commercial and industrial collector streets shall have walks on at least one (1) side of the street, and on both sides of the street where the street supports commercial frontage.

(3)

Unless otherwise specified, residential collector and local streets shall have a walk on each side of the street. Cul-de-sacs that are five hundred (500) feet or shorter in length may have walks on one (1) side of the street. Where special conditions apply, walks may be permitted on one (1) side of the street.

(d)

Pedestrian Crossings. At each signalized intersection where pedestrians are expected to cross, pedestrian-actuated traffic signals shall be provided.

(Ord. 2024-18, § 1(Exh. A), 2024)

In all residential zones, the developer shall provide a fence or wall outside of the right-of-way along any public roadway to which access is prohibited. In all but the Rural Residential Zone, the wall shall be a minimum of six (6) feet high, of uniform design and constructed of masonry. For infill or small-scale projects, these requirements may be deferred at the option of the Community Development Director.

Where noise barriers are required for a development project, they shall be included in the improvement plans and any applicable Specific Plan or Special Purpose Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Roadway lighting systems are required for all development projects in all urban communities, highway service, commercial recreation, and isolated industrial areas. Intersection lighting is required for all development projects in rural communities and other areas of nonagricultural development. Roadway lighting is not required in agricultural zones. Developments on existing parcels in commercial or industrial zones shall meet the roadway lighting requirements of this Section. Roadway lighting shall be designed in accordance with the City of Mountain House Improvement Standards. New development projects shall either annex to an existing Landscape/Lighting Assessment District or County Service Area, or form a new County Service Area for ongoing lighting maintenance.

(Ord. 2024-18, § 1(Exh. A), 2024)

The road system within a proposed subdivision shall be designed in accordance with the following criteria:

(a)

Alternate Access. Any lot within the subdivision shall be reached by alternative routes except for stub streets and cul-de-sacs as provided in Section 9-11-513.

(b)

Stub Streets. Where a subdivision abuts an undeveloped area designated in the General Plan for similar development, stub streets shall be designed to serve the adjacent area unless the review authority determines that the area is adequately served by existing roads or it is physically impossible to provide access to the area from the proposed subdivision. Temporary improved turnarounds will be required at the end of stub streets.

(c)

Energy Conservation. The design of subdivisions, to the extent feasible, shall incorporate energy conservation principles for future passive heating and cooling orientation of structures.

(d)

Intersection Offsets. Streets located on opposite sides of an intersecting street shall have their centerlines directly opposite each other; otherwise, the centerlines shall be separated by not less than that specified in the City of Mountain House Improvement Standards. In all cases the improvements shall be aligned to the satisfaction of the Director of Public Works.

(e)

Continuation of Existing Streets. New subdivision streets which are continuations of existing streets shall be aligned so that their centerlines coincide. In cases where straight continuations are not physically possible, centerlines shall be continued by curves.

(Ord. 2024-18, § 1(Exh. A), 2024)

Cul-de-sac streets may be allowed as follows:

(a)

Maximum Length. Cul-de-sac streets shall have a length not exceeding five hundred (500) feet to one thousand (1,000) feet, varying inversely with the density of the development, and shall serve no more than twelve (12) lots, except where existing physical conditions make such limitations of length impractical. In agricultural zoning districts, the maximum length shall not exceed one-half mile. In no case shall more than sixteen (16) of the dwelling units be served by a cul-de-sac street. The length of the cul-de-sac is measured from the centerline of the intersecting street to the radius point of the cul-de-sac bulb.

(b)

Turnaround. Cul-de-sac streets shall be terminated by an improved turnaround having a right-of-way radius of fifty (50) feet in accordance with City of Mountain House Improvement Standards, except where existing physical conditions make such limitation of radius impractical.

(Ord. 2024-18, § 1(Exh. A), 2024)

Private rights-of-way approved by the City to provide access to existing lots not within an antiquated subdivision, shall be subject to an Improvement Plan, in accordance with the following criteria:

(a)

The entire length of the private right-of-way, and any required secondary method of access, from a maintained County, city, or state road to the driveway serving the development shall be constructed and maintained to the standards required by the California Fire Code and applicable City of Mountain House Improvement Standards;

(b)

In agricultural areas, as designated in the General Plan, any private right-of-way that exceeds one-half (½) mile in length or serves more than sixteen (16) lots shall have a secondary method of access. The requirement for secondary access may be waived in areas designated General Agriculture in the General Plan if the Director finds that physical conditions make the provision of secondary access impractical;

(c)

In nonagricultural areas, as designated in the General Plan, any private right-of-way that exceeds the length of cul-de-sacs provided for in Section 9-11-513 shall have a secondary method of access; and

(d)

Island parcels which are served by a navigable waterway, where such waterway provides the only surface access to the parcel.

(Ord. 2024-18, § 1(Exh. A), 2024)

Private rights-of-way approved by the City to provide access to lots created by major or minor subdivisions shall be submitted with an application for a subdivision and comply with the following criteria:

(a)

In agricultural areas, as designated in the General Plan, any private right-of-way that exceeds one-half (½) mile in length or serves more than sixteen (16) lots shall have a secondary method of access. The requirement for secondary access may be waived in areas designated General Agriculture in the General Plan if the Director finds that physical conditions make the provision of secondary access impractical;

(b)

In nonagricultural areas, as designated in the General Plan, any private right-of-way that exceeds the length provided for in Section 9-11-513 or serves more than twelve (12) lots shall have a secondary method of access;

(c)

The entire length of the private right-of-way, and any required secondary method of access, from a maintained County, city, or State road to the driveway serving the development shall be constructed and maintained to the standards required by the California Fire Code and applicable City of Mountain House Improvement Standards;

(d)

A maximum of six (6) existing and/or potential lots may be served by the private right-of-way or the private right-of-way shall be improved to City of Mountain House Improvement Standards for public roads; and

(e)

If it is found in the review of the tentative map that in the future it may be necessary to include the right-of-way in the City's road system, the applicant shall make an irrevocable offer of dedication of the right-of-way to the City and execute a Deferred Frontage and Roadway Improvement Agreement.

(Ord. 2024-18, § 1(Exh. A), 2024)

Public roads or private rights-of-way in antiquated subdivisions may provide access to existing lots subject to the following criteria:

(a)

The roads shall be improved to minimum rural residential road standards and an irrevocable offer of dedication is made to the City; or

(b)

If access is to be provided by a private right-of-way, individual lots may be developed subject to an approved Site Approval Application if the following criteria are met;

(c)

The entire frontage of the lot is improved to rural residential road or rural road standards or deferred pursuant to Section 9-11-502(c)(4);

(d)

The road is improved, at a minimum, to the requirements of the California Fire Code and applicable City of Mountain House Improvement Standards from the lot to a County, city, or State maintained road;

(e)

If the road exceeds one-half (½) mile in length or serves more than sixteen (16) lots, a secondary method of access improved to the standards described in Subsection (b)(2) must be provided; and

(f)

An irrevocable offer of dedication is made to the City.

(Ord. 2024-18, § 1(Exh. A), 2024)

Whenever a subdivision adjoins a public waterway, and reasonable public access is unavailable within a reasonable distance therefrom as determined by the Review Authority, the developer shall provide access to said waterway by means of a public roadway, pedestrian way, or bikeway. In accordance with Section 66478.1 et seq. of the Government Code, said access shall include an easement along a portion of the bank of the waterway. The Review Authority shall determine the design and location of the access based on the following considerations:

(a)

Means of Access. Access may be by vehicle, foot, or other means;

(b)

Development Size. The size of the development;

(c)

Public Access. The proximity of public access to the resources;

(d)

River Bank Type. The type of river bank and its appropriate recreational, educational, and scientific uses;

(e)

Trespass. The likelihood of trespass on private property and reasonable means of avoiding such trespass; and

(f)

Levees. The existence of levees and the primary purpose of the levees shall be flood control. For the purposes of this section, the definition of public waterway shall be as defined in Section 66478.4 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following procedures shall be used in the naming of public or private roads:

(a)

Tentative Map Review. Where the new road is proposed as part of a tentative map, the applicant shall submit with the tentative map the proposed names for new roads. As part of the review of the tentative map, the Review Authority shall ensure that the proposed name is consistent with the Community Development Department's road name standards. Those names not consistent with the standards shall be identified, and the applicant shall submit alternate name(s). The review of the alternate name(s) shall be the same as described above. The Review Authority for the tentative map is authorized to officially name any new road which is consistent with the adopted road naming standards.

(b)

Other New Roads. Where a new road is proposed that is not part of a tentative map, the City Council shall officially name the new road at the time the road is accepted as a public highway. The name shall be consistent with the Community Development Department's road naming standards.

(c)

Road Name Changes. Requests for the renaming of existing roads shall follow the procedures for a public hearing as described in Chapter 5 of Division 2, with the following modifications:

(1)

Applications may be filed by any interested person;

(2)

Notification shall be by United States mail to all owners of property fronting on or with direct access to the road, and a minimum of three (3) notices posted along the road;

(3)

The Planning Commission is authorized to officially rename any existing road if the new name is consistent with the adopted road naming standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

Deceleration or turning lanes shall be required along existing and proposed streets, as determined by a traffic study.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following provisions concerning rail crossings at public roadways shall be applicable:

(a)

All at-grade rail crossings shall include a pull-out lane for specially designated vehicles that are required to stop at crossings.

(b)

All at-grade rail crossings shall include crossing gates, flashing lights and available signals.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the requirements for underground utilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

Utility distribution facilities shall comply with the following requirements:

(a)

Underground Distribution and Transmission. All utility distribution and transmission facilities supplying electric, communication, or similar service within, or passing through, any development project shall be placed underground. The word "facilities" as used herein shall not include standards used for street lighting, traffic signals, pedestals for police and fire system communications and alarms, pad-mounted transformers, pedestals, pedestal-mounted terminal boxes and meter cabinets, concealed ducts, substations, and facilities used to carry voltage higher than thirty-five thousand (35,000) volts.

(b)

Location for Underground Facilities. Underground distribution facilities for public utilities shall be located in a public right-of-way or public utility easement. No public utility distribution facilities shall be located outside a public right-of-way or public utility easement except in providing service to the parcel on which they are located.

(c)

Rural Residential Subdivision. In rural residential subdivisions, the Review Authority may waive the requirement for underground facilities if it finds that such undergrounding is economically infeasible, incompatible with the surrounding area, or impossible because of soil or topography.

(d)

Location of Overhead Utilities. Overhead utility lines, when permitted by the Review Authority, shall be located in a utility easement at the rear of lots or parcels and along the side of lots or parcels when necessary. The precise location approved by the Department of Public Works. Poles supporting such overhead lines shall not be installed within any alley, way, drainage easement, or flood control channel.

(e)

Timing of Installation. Any underground utility improvements, installed or to be installed in a subdivision by the subdivider, which cross underneath the right-of-way of any street, alley, or way shall be installed prior to the improvement of any such street, alley, or way in the subdivision.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the minimum regulations for enclosures for the collection and loading of recyclable materials for new buildings and for expansion of existing buildings in the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter shall apply to the following:

(a)

Any construction for which a building permit is required for a commercial, industrial, institutional, or public building, where solid waste is collected for transport.

(b)

Any construction for which a building permit is required for a residential building with five (5) or more living units, where solid waste is collected for transport.

(Ord. 2024-18, § 1(Exh. A), 2024)

Construction on an existing building that does not increase the square footage of the floor space of the building by more than thirty (30) percent is exempt from the requirements of this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following requirements shall apply to the collection and recycling of solid waste materials:

(a)

All applicable construction projects shall have recycling container enclosures which are of sufficient number and aggregate volume to equal one-half (½) the number and aggregate volume of the enclosures used for containers to collect and load solid waste at the site. At least one recycling container enclosure shall be provided for any such construction project.

(b)

Recycling container enclosures shall be located near the solid waste collection enclosures to facilitate both the collection and loading for transport of recycled materials.

(c)

The recycling container enclosure shall include gates that can be locked to prevent theft of the recyclable materials. For buildings where the recycling container enclosures provide the only tenant access to recycling containers, the recycling container enclosures shall be designed to prevent theft of recyclable materials, but not prevent tenants from depositing recyclable materials.

(Ord. 2024-18, § 1(Exh. A), 2024)