Division 2 constitutes the Administrative Provisions. The intent of this Division is to prescribe regulations for the administration of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the responsibilities of the various County agencies, groups, and offices in implementing this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Planning Agency for City of Mountain House is hereby created and established. It shall consist of the following:

(a)

City Council;

(b)

Planning Commission;

(c)

Director of the Community Development Department;

(d)

Planning and Development Services Divisions;

(e)

Environmental Review Officer; and

(f)

Design Review Committee.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council has the following functions as they apply to this Title:

(a)

Appointments. To exercise all appointing power provided under state law and this Title, including the appointment of the Director of the Community Development Department and the members of the Planning Commission;

(b)

Adoptions. To adopt the General Plan, Master Plans, Public Financing Plans, Specific Plans, Special Purpose Plans, regulations, ordinances, and environmental guidelines;

(c)

Appeals. To be the final appellate body on all matters as specified in this Title;

(d)

Annual Reviews. To annually review the Capital Improvement Program of the City for its conformity with the General Plan, pursuant to Article 7 (commencing with Section 65400) of the Government Code;

(e)

Legislative Body. To serve as the legislative body as that term is used in the Subdivision Map Act; and

(f)

Environmental Reviews. To determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the City Council is considering.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Planning Commission role as part of the Planning Agency shall be as provided in this Section.

(a)

Membership. The Planning Commission shall consist of five (5) members who shall be appointed by the City Council in the following manner:

(1)

Five (5) members composed of one (1) resident from each of the five (5) Supervisorial Districts;

(2)

If a member is moved from one Supervisorial District into another because of a change in District boundaries, that member may complete the remainder of his or her term.

(b)

Term. The term of office of each member of the Planning Commission shall be four (4) years beginning on the first day of the term of office of the Supervisor from whose Supervisorial District the member is appointed and ending on the last day of such Supervisorial term; provided that the term of office of members appointed in July, 2006, from the 2nd and 4th Supervisorial Districts shall begin on the date of appointment and shall end on the last day of the term of office of the Supervisors from the 2nd and 4th Supervisorial Districts, which Supervisorial terms end in January, 2007; provided further that the term of office of the member appointed in July, 2006, from the 5th Supervisorial District shall begin on the date of appointment and shall end on the last day of the term of office of the Supervisor from the 5th Supervisorial District, which Supervisorial term began in January, 2005; provided further that the terms of office of members appointed in June, 2005, from the 1st and 3rd Supervisorial Districts shall end on the last day of the term of office of the Supervisors from the 1st and 3rd Supervisorial Districts, which Supervisorial terms began in January, 2005. A member of the Planning Commission may continue in office after the end of the term of office until a successor member has been appointed by the City Council and has taken the oath of office.

(c)

Vacancies and Removal. Vacancies in the office of an appointed member of the Planning Commission shall be filled by appointment of the City Council for the unexpired term. Any member of the Planning Commission may be removed for cause by majority vote of the City Council. The City Council shall declare a vacancy in the office of any member who is absent from three (3) consecutive regular meetings of the Planning Commission without prior notification given to the Planning Commission Chairperson. A vacancy in the office of Planning Commissioner shall occur upon the vacancy in the office of Supervisor of the Supervisorial District from which the Planning Commissioner is appointed.

(d)

Advisory Staff. The City Attorney, the Director of Environmental Health, and the Director of Public Works are designated as advisory staff to the Planning Commission. Each advisory staff may designate one (1) deputy or assistant to attend Planning Commission meetings.

(e)

Officers and Rules. Annually, the Planning Commission shall elect a Chairperson and a Vice-Chairperson from among the appointed members. No appointed member shall be elected Chairperson or Vice-Chairperson for more than two (2) consecutive terms. The Director of the Community Development Department shall be the Secretary to the Planning Commission. The Planning Commission shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, and determinations. All decisions and recommendations of the Planning Commission shall be carried by the affirmative votes of not less than a majority of its total voting members.

(f)

Functions. The Planning Commission shall have the following functions in the administration of this Title and related regulations and policies:

(1)

Prepare, periodically review, and revise, as necessary, the General Plan for the City;

(2)

Consider and recommend amendments to the General Plan;

(3)

Investigate and make recommendations regarding reasonable and practical means for implementing the General Plan;

(4)

Consider and recommend amendments to this Title;

(5)

Annually review the Capital Improvement Program of the City for its conformity with the General Plan, any Specific Plans, any Special Purpose Plans, and all elements and parts of the General Plan, and provide a report concerning said Capital Improvement Plan to the City Council;

(6)

Interpret the text of the General Plan as it relates to this Title;

(7)

Interpret the maps of the General Plan as they relate to the text of the General Plan;

(8)

Develop and maintain any Master Plans, Public Financing Plans, Specific Plans, or Special Purpose Plans necessary or desirable for the implementation of the General Plan;

(9)

Consider and recommend upon applications for Master Plans, Public Financing Plans, Specific Plans, and Special Purpose Plans;

(10)

Serve as the appellate body for discretionary staff decisions;

(11)

Review and act upon referrals or appeals from the Floodplain Administrator;

(12)

Act as the advisory agency, as that term is used in the Subdivision Map Act, on Major Subdivisions;

(13)

Review and act upon applications requiring public hearings;

(14)

Determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the Planning Commission is considering;

(15)

Recommend changes to the environmental guidelines for the City; and

(16)

Perform such other functions as the City Council may require, including conducting studies and preparing plans other than those authorized by Title 7 of the Government Code.

(g)

Compensation. Planning Commission shall be compensated in accordance with a Resolution of the City Council, if any, adopted for such purpose.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director of the Community Development Department shall have the following functions in the administration of the Title and related regulations and policies:

(a)

Secretary. Serve as Secretary to the Planning Commission;

(b)

Advisor. Act as the advisory agency, as provided in Government Code Section 66415, for Mergers, Minor Subdivisions, and Notices of Violation;

(c)

Administrator. Act as chief administrative officer of the Planning and Development Services Divisions;

(d)

Review Authority. Conduct the review of public projects as specified in Section 65402 of the Government Code;

(e)

Environmental Review. Appoint the Environmental Review Officer;

(f)

Staff Review. Review and act upon all applications requiring Staff Review; and

(g)

Staff Review With Notice. Review and act upon all applications requiring Staff Review with Notice.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Community Development Department shall have the following functions in the administration of this Title and related regulations and policies:

(a)

Administer General Plan. Perform the duties required for the proper preparation and administration of the General Plan, as provided by law and ordinance;

(b)

Administer Master Plans and Public Financing Plans. Perform the duties required for the proper preparation and administration of Master Plans and Public Financing Plans and regulations as provided by ordinance;

(c)

Administer Specific Plans. Perform the duties required for the proper preparation and administration of Specific Plans and regulations as provided by law and ordinance;

(d)

Administer Special Purpose Plans. Perform the duties required for the proper preparation and administration of Special Purpose Plans and regulations as provided by law and ordinance;

(e)

Advise Board and Commission. Provide administrative support and professional advice to the Planning Commission and City Council;

(f)

Special Studies and Surveys. Perform special studies and surveys as directed by the City Council;

(g)

Publicize General Plan. Endeavor to promote public interest in, comment on, and understanding of the General Plan and regulations relating to it;

(h)

Consult on General Plan. Consult and advise with public officials and agencies; public utility companies; civic, educational, professional, and other organizations; and citizens concerning the preparation and implementation of the General Plan;

(i)

Coordinate Plans and Programs. Promote the coordination of local plans and programs with the plans and programs of other public agencies; and

(j)

Report to Board. Provide an annual report to the City Council on the status of the General Plan and progress in its implementation.

(Ord. 2024-18, § 1(Exh. A), 2024)

The role of the Environmental Review Officer shall be as provided in this Section.

(a)

Appointment. The Environmental Review Officer shall be appointed by and serve at the pleasure the Director of the Community Development Department.

(b)

Term. The term of the appointment shall be at the discretion of, and subject to the termination by, the Director of the Community Development Department.

(c)

Functions. The Environmental Review Officer shall have the following functions in the administration of this Title and related regulations and policies:

(1)

Be responsible for the preliminary screening of projects to determine which are exempt from and which are subject to the requirements of the California Environmental Quality Act;

(2)

Conduct Initial Studies and hold meetings, when necessary, to make determinations as to whether a Notice of Exemption will be issued, a Negative Declaration prepared, or an Environmental Impact Report required for a project;

(3)

Prepare Negative Declarations on projects that will have no significant effect on the environment; and

(4)

Prepare and maintain guidelines for the implementation of the California Environmental Quality Act by the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Design Consistency Review Committee's role as part of the Planning Agency shall be as provided in this Section.

(a)

Membership. The Design Consistency Review Committee shall consist of a representative of the Master Developer and the Community Development Department. Each corresponding organization or agency shall select one (1) representative. The representatives should be design and planning professionals.

(b)

Functions. The Design Consistency Review Committee shall review all Development Permit applications (as defined in Section 9-1-304) for consistency with the design policies and requirements of County adopted plans and ordinances for Mountain House. In addition, the Design Consistency Review Committee shall make design consistency recommendations for Mountain House plan and program documents related to community design that are submitted to the Community Development Department for review. The design consistency recommendations of the Design Consistency Review Committee shall be submitted to the Director.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Staff Review Procedure.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall review all applications to determine their consistency with established policies and standards. The review shall be of an administrative, nondiscretionary nature. The Director shall approve or deny the application based on the results of that review.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application shall be filed with the Community Development Department on forms provided by that Department.

Applications shall, at a minimum, contain the following:

(a)

Name and Address. The name, address, and signature of the applicant and, for privately initiated applications, the name, address, and signature of the property owner;

(b)

Other Documents. Other documents, drawings, and plans as required by the Director; and

(c)

Fee. A fee, as provided by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

Completeness of applications shall be determined pursuant to this Section.

(a)

Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete.

(b)

Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:

(1)

The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application;

(2)

The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);

(3)

Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and

(4)

If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.

(c)

Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.

(1)

A final written determination on the appeal shall be made no later than sixty (60) calendar days after receipt of the applicant's written appeal;

(2)

If the final written determination on the appeal is not made within the sixty (60) day period noted in Subsection (c)(1), the application with the submitted materials shall be deemed complete.

(Ord. 2024-18, § 1(Exh. A), 2024)

If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notification is not required to be given for actions taken pursuant to this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall approve or deny the application based upon its consistency with established policies and standards.

(Ord. 2024-18, § 1(Exh. A), 2024)

Action on any application, unless otherwise specified, shall be effective immediately.

(Ord. 2024-18, § 1(Exh. A), 2024)

An action pursuant to this Chapter may not be appealed.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, approved applications shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:

(a)

Standard Requirements. A standard requirement of approval has not been complied with;

(b)

Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; or

(c)

Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.

(Ord. 2024-18, § 1(Exh. A), 2024)

Violation of permits approved under the provisions of this Chapter shall be subject to the enforcement procedures beginning with Section 9-1900.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application submitted under the Staff Review Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Staff Review With Notice Procedure.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notification shall be made as provided in this Chapter. The Director shall review the application to determine its consistency with established policies, standards, and required findings. The Director shall approve, conditionally approve, or deny the application based on the results of that review.

(Ord. 2024-18, § 1(Exh. A), 2024)

At the discretion of the Director, a preapplication conference may be required. The purpose of such a conference shall be to insure that the applicant is aware of issues and requirements related to the project. Other departments and public agencies may be invited to attend a preapplication conference. When a preapplication conference is required by the Director, no application may be accepted until the conference is considered complete by the Director.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications shall be filed with the Community Development Department on forms provided by that Department and shall, at a minimum, contain the following:

(a)

Name and Address. The name, address, and signature of the applicant and, for privately initiated applications, the name, address, and signature of the property owner;

(b)

Other Documents. Other documents, drawings, and plans as required by the Director; and

(c)

Fee. A fee, as provided by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

The completeness of applications shall be determined pursuant to this Section.

(a)

Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete.

(b)

Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:

(1)

The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application;

(2)

The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);

(3)

Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and

(4)

If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.

(c)

Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.

(1)

A final written determination on the appeal shall be made not later than sixty (60) calendar days after receipt of the applicant's written appeal;

(2)

If the final written determination on the appeal is not made within the sixty (60) day period noted in Subsection (c)(1), the application with the submitted materials shall be deemed complete.

(Ord. 2024-18, § 1(Exh. A), 2024)

If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the standards and findings set forth in this Title, the Community Development Department may prepare supplemental guidelines for the submission of applications and minimum standards and criteria for approval of applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notification of applications shall be given in accordance with the provisions of this Section.

(a)

Owner. Notice of the application shall be mailed to the owner of the subject real property, or the owner's duly authorized agent, and to the project applicant.

(b)

Local Agencies. Notice of the application shall be mailed to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project.

(c)

Other Landowners. Depending on the General Plan designation of the property involved, a notice of the application shall be mailed to all owners of real property as shown on the latest tax rolls, as follows:

(1)

In agricultural and conservation areas, all owners of property within fourteen hundred (1,400) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need be notified, provided all owners within three hundred (300) feet are notified;

(2)

In rural residential and very low density residential areas, all owners of property within seven hundred (700) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need be notified, provided all owners within three hundred (300) feet are notified; and

(3)

In all other areas, all property owners within three hundred and fifty (350) feet of the perimeter of the property.

(d)

Large Numbers of Landowners. In the event the number of owners to whom notice would be sent pursuant to Subsection (c) is greater than one thousand (1,000), alternative notice may be given in the form of a one-eighth (⅛) page or larger display advertisement placed in a newspaper of general circulation in the affected area.

(e)

Interested Parties. Notice of the application shall be mailed to any person who has filed a written request for notice with the Community Development Department.

(f)

State Law. Additional notification shall be given as required by state law.

(g)

Additional. Additional notification may be given as deemed necessary by the Director.

(h)

Mailing. Notice of the application shall be given by United States Mail and shall be mailed at least ten (10) calendar days prior to any action on the application.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall decide to rule on the application or refer the application to the Planning Commission based on the response from notifications, the importance of the issue in carrying out the General Plan, the cumulative effect of similar applications, policy guidance previously received from the Planning Commission or City Council, and the possibility that the decision may set a precedent for future decisions. If the Director does not refer the application to the Planning Commission, he or she shall approve, conditionally approve, or deny the application.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Planning Commission shall hold a hearing on any application referred to it pursuant to Section 9-2-409. Notice of the hearing shall be provided to those parties listed in Section 9-2-408. An applicant, an applicant's representative, or any interested party may make a presentation about the application.

(Ord. 2024-18, § 1(Exh. A), 2024)

Action on any application, unless otherwise specified, shall be effective upon expiration of the appeal period.

(Ord. 2024-18, § 1(Exh. A), 2024)

An action pursuant to this Chapter may be appealed in accordance with the provisions of this Section.

(a)

Appeal Period. Unless otherwise specified, appeals shall be filed within ten (10) days of the date of action, and if filed, shall stay any further action on the permit until finally resolved. If the end of the appeal period falls on a nonbusiness day, the appeal period shall be extended to include the next business day.

(b)

Who May Appeal. Appeals may be filed only by one of the following:

(1)

The applicant or the applicant's representative;

(2)

A person who may be adversely affected by the decision or who has participated in the review process by submitting written or oral testimony on the application or by attending a public hearing on the application; or

(3)

A person who was prevented from participating in the review by circumstances beyond his or her control.

(c)

Appeal Bodies. Unless otherwise specified by law, decisions made by the Director pursuant to this Chapter may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council.

(d)

Contents of Appeal. All appeals shall be filed with the Community Development Department on forms provided by that Department. The appeal shall include, at a minimum, the following:

(1)

A written statement specifying the basis of the appeal by citing the specific abuse of discretion by the Review Authority; and

(2)

A fee, as specified by resolution of the City Council.

(e)

Scope of Appeal. The appeal body shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relative to the application and may confirm, reverse, or modify the appealed action based upon its interpretation of the findings required and the evidence submitted.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council may call up for review any decision of the Planning Commission or Planning Director made pursuant to this Chapter. The decision to call up for review shall occur prior to the effective date of the action and shall follow the same procedures as an appealed decision.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, approved applications shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:

(a)

Requirements or Conditions. A standard requirement or condition of approval has not been complied with;

(b)

Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; or

(c)

Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.

(Ord. 2024-18, § 1(Exh. A), 2024)

No application may be accepted if a similar application has been finally denied during the immediately preceding one (1) year period. For the purposes of this Section, "similar application" shall mean an application under the same regulation applicable to the same property. This Section shall not apply to applications denied without prejudice, which can be resubmitted within one (1) year upon payment of a fee as set forth by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

A permit approved under the provisions of this Chapter may be altered pursuant to Chapter 6 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

A permit approved under the provisions of this Chapter may be revoked pursuant to Chapter 7 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application submitted under the Staff Review With Notice Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Public Hearing Review Procedure.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following general provisions shall apply to the Public Hearing Review Procedure:

(a)

Planning Commission Review. The Planning Commission shall conduct a public hearing with notification for the purpose of receiving oral and written evidence relative to the application. This evidence shall be reviewed to determine if the application is consistent with existing policies, standards, and required findings. The Planning Commission shall approve, conditionally approve, recommend approval, or deny the application based on the results of this review.

(b)

Minimum Requirements. The requirements specified herein are considered minimum and may be expanded or modified by specific application requirements.

(Ord. 2024-18, § 1(Exh. A), 2024)

At the discretion of the Director, a preapplication conference may be required. The purpose of such a conference shall be to insure that the applicant is aware of issues and requirements related to the project. Other departments and public agencies may be invited to attend a preapplication conference. When a preapplication conference is required by the Director, no application may be accepted until the conference is considered complete by the Director.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications shall be filed with the Community Development Department on forms provided by that Department and shall, at a minimum, contain the following:

(a)

Name and Address. The name, address, and signature of the applicant and, for privately initiated, property-specific applications, the name, address, and signature of the property owner;

(b)

Other Documents. Other documents, drawings, and plans as required by the Director; and

(c)

Fee. A fee, as provided by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

Completeness of applications shall be determined as follows:

(a)

Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete.

(b)

Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:

(1)

The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application;

(2)

The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);

(3)

Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and

(4)

If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.

(c)

Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.

(1)

A final written determination on the appeal shall be made not later than sixty (60) calendar days after receipt of the applicant's written appeal;

(2)

If the final written determination on the appeal is not made within the sixty (60) day period noted in subsection (c)(1), the application with the submitted materials shall be deemed complete.

(Ord. 2024-18, § 1(Exh. A), 2024)

If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the standards and findings set forth in this Title, the Community Development Department may prepare supplemental guidelines for the submission of applications and minimum standards and criteria for approval of applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notification shall be given in accordance with the provisions of this Section.

(a)

Owner. For property-specific applications only, notice of the hearing shall be mailed to the owner of the subject real property or the owner's duly authorized agent and to the project applicant.

(b)

Local Agencies. For property-specific applications only, notice of the hearing shall be mailed to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project.

(c)

Other Landowners. Depending on the General Plan designation of the property involved, a notice of the hearing, for property-specific applications only, shall be mailed to all owners of real property as shown on the latest tax rolls, as follows:

(1)

In agricultural and conservation areas, and in freeway service and industrial areas outside of communities, all owners of property within fourteen hundred (1,400) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need to be notified, provided all owners within three hundred (300) feet are notified;

(2)

In rural residential and very low density residential areas, all owners of property within seven hundred (700) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need to be notified, provided all owners within three hundred (300) feet are notified; and

(3)

In all other areas, all property owners within three hundred fifty (350) feet of the perimeter of the property.

(d)

Large Numbers of Landowners. In the event the number of owners to whom notice would be sent pursuant to Subsection (c) is greater than one thousand (1,000), alternative notice may be given in the form of a one-eighth (⅛) page or larger display advertisement placed in a newspaper of general circulation in the affected area.

(e)

Interested Parties. Notice of the hearing shall be mailed to any person who has filed a written request for notice with the Community Development Department.

(f)

State Law. Additional notification shall be given as required by State law.

(g)

Additional. Additional notification may be given as deemed necessary by the Director.

(h)

Mailing. Notice of the hearing shall be sent by United States Mail at least ten (10) calendar days prior to any public hearing or final action on an application.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Planning Commission shall hold a public hearing on the application. An applicant, an applicant's representative, or any interested party may make a presentation on the application.

(Ord. 2024-18, § 1(Exh. A), 2024)

Action on any application, unless otherwise specified, shall be effective upon expiration of the appeal period.

(Ord. 2024-18, § 1(Exh. A), 2024)

An action pursuant to this Chapter may be appealed in accordance with the provisions of this Section.

(a)

Appeal Period. Unless otherwise specified, appeals shall be filed within ten (10) days of the date of action, and if filed, shall stay any further action on the permit until final resolution of the appeal. If the end of the appeal period falls on a nonbusiness day, the appeal period shall be extended to include the next business day.

(b)

Who Can Appeal. Appeals may be filed only by one of the following:

(1)

The applicant or the applicant's representative;

(2)

A person who may be adversely affected by the decision or who has participated in the review process by submitting written or oral testimony on the application or by attending a public hearing on the application; or

(3)

A person who was prevented from participating in the review by circumstances beyond his or her control.

(c)

Appeal Body. Unless otherwise specified by law, appeals of decisions made pursuant to this Chapter may be appealed to the City Council.

(d)

Contents of Appeal. All appeals shall be filed with the Community Development Department on forms provided by that Department. The appeal shall include, at a minimum, the following:

(1)

A written statement specifying the basis of the appeal by citing the specific abuse of discretion by the Review Authority; and

(2)

A fee, as specified by resolution of the City Council.

(e)

Scope of Appeal. The appeal body shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relative to the application and may confirm, reverse, or modify the appealed action based upon its interpretation of the findings required and the evidence submitted.

(f)

Final Decision. The decision of the City Council on an appeal from the Planning Commission shall be effective immediately.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

The City Council may call up for review any decision of the Planning Commission made pursuant to this Chapter.

(b)

The decision to call up for review shall occur prior to the effective date of the action and shall follow the same procedures as an appealed decision.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, approved applications for nonlegislative actions shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:

(a)

Requirements or Conditions. A standard requirement or condition of approval has not been complied with;

(b)

Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; and

(c)

Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.

(Ord. 2024-18, § 1(Exh. A), 2024)

No application may be accepted if a similar application has been finally denied during the immediately preceding one (1) year period. For the purposes of this Section, "similar application" shall mean an application under the same regulation applicable to the same property. This Section shall not apply to applications denied without prejudice, which may be refiled within one (1) year upon payment of a fee as set forth by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

A permit approved under the provisions of this Chapter may be altered pursuant to Chapter 6 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

A permit approved under the provisions of this Chapter may be revoked pursuant to Chapter 7 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

An application submitted under the Public Hearing Review Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to provide a process for the alteration of any permit granted under this Title. The revocation or modification of a permit for cause shall comply with the provisions of Section 9-2-701.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any person holding a permit granted under this Title may apply for an alteration by following the same procedure required for the initial application for the permit. For the purpose of this Section, the alteration of a permit may include modification of the terms of the permit itself or the waiver or alteration of conditions imposed incidentally to the granting of the permit.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to provide a process whereby the City can take action to revoke or modify, for cause, any development approval granted under this Title. A change to a development approval requested by the permit holder shall be processed pursuant to Chapter 6 of Division 2, Alteration Procedure.

(Ord. 2024-18, § 1(Exh. A), 2024)

A development approval that has been granted or modified subject to one (1) or more conditions, shall cease to be valid, and all rights or privileges that were granted shall lapse, even if other provisions in the Title are to the contrary, if any final judgment of a court of competent jurisdiction declares that one (1) or more of the conditions are void or ineffective, or if the enforcement or operation of one (1) or more of the conditions are enjoined or otherwise prohibited.

(Ord. 2024-18, § 1(Exh. A), 2024)

Actions to revoke or modify development approvals may be initiated as follows:

(a)

By Planning Commission. The Planning Commission may initiate an action to revoke or modify any development approval which it has granted, extended, or modified;

(b)

By City Council. The City Council may initiate an action to revoke or modify any development approval. Action by the Planning Commission shall not be a prerequisite to action by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

A development approval may be revoked or modified pursuant to the provisions of this Chapter upon a finding of any one (1) or more of the following grounds:

(a)

Fraud. That such development approval was obtained or extended by fraud;

(b)

Violation of Condition. That one (1) or more of the conditions upon which such development approval was granted have been violated; or

(c)

Adverse Impacts. That the use or facility for which the development approval was granted is so conducted or maintained as to be detrimental to the public health or safety, or as to be a public nuisance.

(Ord. 2024-18, § 1(Exh. A), 2024)

All actions to reduce or modify development approvals initiated under the provisions of this Chapter shall be conducted pursuant to the Public Hearing Review Procedure set forth in Chapter 5 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Upon the conclusion of the public hearing, the Planning Commission or City Council may, on the basis of the evidence presented at the hearing, make a finding on any one or more of the grounds listed in Section 9-2-704 and take action to revoke or modify the development application. Decisions of the Planning Commission shall be final unless appealed to the City Council pursuant to Chapter 5 of Division 2. Decisions of the City Council shall be final.

(Ord. 2024-18, § 1(Exh. A), 2024)

The County's right to revoke a development approval, as provided by this Chapter, shall be cumulative to any other remedy allowed by law.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to regulate structures and uses which were legal when brought into existence, but which no longer comply with the provisions of this Title. The additional intent of this Chapter is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance.

(Ord. 2024-18, § 1(Exh. A), 2024)

Nonconforming uses and structures are declared to be incompatible with permitted uses, structures, and standards in the zones involved. They shall not be enlarged upon, expanded, extended, or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as expressly permitted in this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

A nonconforming use shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of this Chapter;

(2)

If the nonconforming use is conducted wholly or partially within a structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled, subject to Site Approval; and

(3)

If the nonconforming use is superseded by a conforming use, or if the nonconforming use ceases for any reason for a period of more than twelve (12) consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located and the nonconforming use may not thereafter be resumed.

(b)

Adding New Uses. When a nonconforming use exists on any lot, no new use shall be established or built on such lot unless the new use conforms to the requirements of this Title for the zone in which the lot is located.

(c)

Change to Another Nonconforming Use. A nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a structure may be changed to another nonconforming use within said structure, subject to the following:

(1)

If the nonconforming use is changed to another use classified within the same use type and the Director determines that additional off-street parking and loading space is not needed by said change, no development application shall be required.

(2)

A Site Approval pursuant to the procedures set forth in Chapter 9 of Division 8 shall be required for all changes other than those described in Subsection (c)(1) above.

(3)

A change shall be allowed only if the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing nonconforming use. In permitting such change, the Review Authority may require conditions and safeguards and an amortization period for the new use.

(4)

When a nonconforming use is replaced by a less detrimental nonconforming use, the occupancy may not thereafter revert to a more detrimental use.

(d)

Replacement of a Structure Occupied by a Nonconforming Use. A building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, may be restored, and the occupancy or use of such building, structure, or part thereof to the extent that it existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards.

(Ord. 2024-18, § 1(Exh. A), 2024)

A nonconforming structure shall be subject to the provisions of this Section.

(a)

Continuation. A nonconforming structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

(1)

Such structure may be remodeled or repaired, provided such action does not increase its nonconformity;

(2)

Such structure may be added to or enlarged within the yard setback area provided such additions do not increase such nonconformity and provided the expansion does not increase the linear measurement of the portion of the building within the setback area by more than one hundred percent (100%). Expansions greater than one hundred percent (100%) require an approved Site Approval;

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the reg zone in which it is located.

(b)

Adding New Structures. When a nonconforming structure exists on any lot, no new structure shall be established or built on such land unless the new structure conforms to the requirements of this Title for the zone in which the lot is located.

(c)

Replacement of Nonconforming Structure. Should a nonconforming structure be destroyed or damaged by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, it may be restored to the extent to which it existed at the time of the damage or destruction, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards.

(Ord. 2024-18, § 1(Exh. A), 2024)

Notwithstanding any other provision of this Chapter, a building, structure, or site which is listed on the National Register of Historic Places or is registered as a State Historical Landmark or Point of Historical Interest shall be allowed to continue to exist and be repaired, restored, or reconstructed as long as it complies with federal and state regulations and statutes regarding historic buildings, structures, or sites.

(Ord. 2024-18, § 1(Exh. A), 2024)

Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any County or State official charged with protecting the public health or safety, upon order of such official.

(Ord. 2024-18, § 1(Exh. A), 2024)

A use that was established without obtaining required permits shall be deemed a nonconforming use only if all of the following conditions are satisfied:

(a)

Ordinance Requirements. The use shall comply with all applicable ordinance requirements that would have been required at the time the use was established.

(1)

The County shall consider such ordinance requirements as minimum requirements.

(2)

If the City determines that said ordinance requirements are not adequate to protect public health, safety, and welfare, the City may impose additional requirements for this purpose as specified in this Title.

(b)

Permits. The following permits shall be required:

(1)

A Site Approval or other discretionary application shall be required for the use.

(2)

Other permits that normally would have been required at the time the use was established shall be obtained.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to establish fees necessary to offset the City's cost to administer applications required by this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Council shall, by Resolution, adopt a fee schedule for the development applications required by this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

Fees shall be required, pursuant to this Chapter, of a municipal corporation, the State of California, political subdivisions of the State of California, or the United States of America.

(Ord. 2024-18, § 1(Exh. A), 2024)

All fees shall be nonrefundable except:

(a)

Lack of Jurisdiction. Where the City does not have jurisdiction to act on an application, a one hundred percent (100%) refund shall be given; or

(b)

Lack of Notification. Where notification of the project is required and such notification has not been served, a refund, not to exceed fifty percent (50%), may be given.

(Ord. 2024-18, § 1(Exh. A), 2024)

The fee required for a Preapplication Conference for Mountain House development applications shall be a separate fee, paid in addition to the fee required for the parent application.

(Ord. 2024-18, § 1(Exh. A), 2024)

The fee required for a Notice of Preparation shall be deducted from the Environmental Impact Report Fee.

(Ord. 2024-18, § 1(Exh. A), 2024)

The fee required for a Specific Plan, Environmental Impact Report, or Monitoring and Reporting Plan may be paid by means of a schedule of payments agreed to by the Director and the applicant.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the fees specified in this code, the following penalty fees shall be required for projects subject to enforcement proceedings:

(a)

Whenever an application is made to correct a violation where a citation has been issued, or two (2) weeks notice has been given, the cost of the application shall be two (2) times the application fee normally charged for the application, up to a maximum of five hundred dollars ($500) over the application fee normally charged.

(b)

Whenever a change of use or occupancy occurs within eighteen (18) months of its approval, and subsequent approval(s) as required by this Code have not been obtained, fees shall be nine (9) times the application fee(s) normally required to bring the use or occupancy into compliance with this Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Whenever more than one (1) legislative application type is required for a single project and the applications are processed concurrently, the total fee shall be the sum of the most expensive project application type plus one-half (½) the required fee(s) for any remaining project application type(s).

(Ord. 2024-18, § 1(Exh. A), 2024)

At the discretion of the Director of Community Development Department or Director of Public Works, the fee for a project application may be based on the actual County cost of processing the application. The decision to use actual cost of processing shall be based on the extraordinary amount of staff time estimated to process the application. The decision must be made within thirty (30) business days after the application is declared complete. Actual cost shall include employee salaries and benefits, overhead, and materials.

(Ord. 2024-18, § 1(Exh. A), 2024)

The County may use professional services as follows:

(a)

When special expertise is required,

(b)

To relieve workload peaks,

(c)

At the request of an applicant, or

(d)

For any other reason deemed appropriate by the Director.

The consultant shall be selected by the Director with the applicant being responsible for the cost of the professional services plus an administrative fee as set by resolution by the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

At the discretion of the Director, an application that has been withdrawn may be reinitiated with no fee requirements if the following requirements are met:

(a)

Substantially Same. The new application is substantially the same as the withdrawn application;

(b)

Processing. Processing of the new application will generally proceed from the point the withdrawn application stopped;

(c)

Elapsed Time. Less than eighteen (18) months have elapsed since the application was withdrawn; and

(d)

Consistency. The application is consistent with current provisions of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

The application processing fee for any permit required to enable an existing use to become a nonconforming use shall be the fee in effect at the time the application is filed plus fifteen percent (15%) of said fee.

(Ord. 2024-18, § 1(Exh. A), 2024)

The intent of this Chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (Acts) in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following shall apply to any request for a reasonable accommodation:

(a)

A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this Title or other County requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this Chapter, a "person with a disability" is any person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This Chapter is intended to apply to those persons who are defined as disabled under the Acts.

(b)

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and pr person with a disability equal opportunity to housing of his or her choice.

(c)

A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site.

(d)

A reasonable accommodation may be granted in compliance with this Chapter without the need for the approval of a deviation or a variance.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of the Community Development Department, and shall contain the following information:

(1)

The applicant's name, address, and telephone number;

(2)

Address and/or APN of the property for which the request is being made;

(3)

The current use of the property;

(4)

The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;

(5)

The Development Title provision, regulation, or policy from which reasonable accommodation is being requested; and

(6)

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

(b)

If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (a) of this section for concurrent review with the application for discretionary approval.

(c)

A request for reasonable accommodation shall be reviewed by the Director of the Community Development Department (Director) or his/her designee, if no approval is sought other than the request for reasonable accommodation or for applications that do not require a public hearing review. The Director or his/her designee shall make a written determination within forty-five (45) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

(d)

A request for reasonable accommodation submitted for concurrent review with a discretionary land use application that requires a public hearing review shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review.

(Ord. 2024-18, § 1(Exh. A), 2024)

The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:

(a)

The housing in the request will be used by a person with a disability under the Acts;

(b)

The request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts;

(c)

The requested reasonable accommodation would not impose an undue financial, administrative, enforcement, or health and safety burden on the City;

(d)

The requested reasonable accommodation would not conflict with the nature of a County program or law, including, but not limited to, land use and zoning;

(e)

The impact on surrounding uses;

(f)

The physical attributes of the property and structures; and

(g)

Any other reasonable accommodations that may provide an equivalent level of benefit.

(Ord. 2024-18, § 1(Exh. A), 2024)

In granting a request for reasonable accommodation, the Director or his/her designee, or the Planning Commission, as the case may be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall, also, state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(Ord. 2024-18, § 1(Exh. A), 2024)

An action pursuant to this Chapter may be appealed in accordance with the provisions stated in Section 9-2-511 Appeals of Staff Review With Notice or Section 9-2-412 Appeals of Public Hearing Review.

(Ord. 2024-18, § 1(Exh. A), 2024)