Chapter 2 — BASIC PROVISIONS OF DEVELOPMENT TITLE

The ordinance codified in this Title (Title 9) shall be known and cited as the "Development Title of the City of Mountain House," the "Development Title" or the "Title." Unless otherwise specified, reference to section numbers herein are to the sections of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Title is intended to serve as the basis for all land use regulations adopted by City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

The purposes of this Title shall be to serve the public health, safety, and general welfare; to implement the City of Mountain General Plan, when adopted, and the Mountain House Master Plan and associated specific plans and policy documents; and to achieve the following objectives:

(a)

To encourage the most appropriate use of land and the harmonious relationship among land uses;

(b)

To promote a safe and efficient traffic circulation system;

(c)

To provide open spaces for light and air;

(d)

To prevent overcrowding of land and the undue concentration of population;

(e)

To secure safety from fire and other dangers;

(f)

To facilitate the provision of needed community facilities;

(g)

To conserve and stabilize the value of property; and

(h)

To conserve the City's natural beauty, to improve its appearance, and to enhance its physical character.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Title is adopted pursuant to the following authorities:

(a)

Local Ordinances and Regulations, California Constitution, Article XI, Section 7, Planning and Land Use, California Government Code Title 7.

(b)

Surface Mining and Reclamation Act of 1975, California Public Resource Code, Division 2, Chapter 9.

(c)

California Environmental Quality Act, California Public Resource Code, Division 13.

(d)

California Vehicle Code, Section 22660.

(Ord. 2024-18, § 1(Exh. A), 2024)

All actions, approvals and procedures taken with respect to, or in accordance with, this Development Title shall be consistent with the City of Mountain General Plan, when adopted, and the Mountain House Master Plan. In the event this Development Title becomes inconsistent with the General Plan or any of its elements,

or with the Mountain House Master Plan, by reason of adoption of a new General Plan or Master Plan, or by reason of amendment of the existing General Plan or Master Plan, this Development Title shall be amended within a reasonable time so as to achieve consistency with said documents.

(Ord. 2024-18, § 1(Exh. A), 2024)

A series of zoning maps, to be known collectively as the "Zoning Map of the City of Mountain House," shall be maintained by the Community Development Department.

(a)

Contents. The zoning maps shall show the designations and boundaries of each zone and shall show any base data that the Director of the Community Development Department deems useful or that the City Council directs;

(b)

Revisions. The Director shall revise the zoning maps to show amendments, including changes in designations, rezoning of property, and clarification of zone boundaries;

(c)

Incorporation. The zoning maps and all notations, references, data, and other information contained therein are made a part of this Title by reference herein;

(d)

Zone Boundaries. Where uncertainty exists as to the boundaries of any zone shown on the zoning maps, the following rules shall apply:

(1)

Where zone boundaries are indicated as approximately following street and alley lines or lot line, such lines shall be construed to be the boundary of the said zone, and the following shall apply:

(A)

When two (2) zones are separated by a street or alley, the zone boundary shall be the centerline of the street or alley, unless otherwise specified, and

(B)

When a residential zone is separated from any other zone by a street or alley, the residential zone boundary shall include both sides of the street or alley.

(2)

Where any public street or alley is officially vacated or abandoned, the regulations applicable to abutting properties shall apply to the centerline of such vacated or abandoned street or alley;

(3)

Where any private right-of-way or easement of any railroad, canal, transportation, or public utility company is vacated or abandoned, the regulations applicable to abutting property shall apply to the centerline of such vacated or abandoned property;

(4)

For unsubdivided property, or in instances where a zone boundary divides a lot, the location of the zone boundary shall be determined by the Director unless the zone boundary is indicated by dimensions.

(e)

Creation of New Zoning Districts. The boundaries of the new zoning district shall be shown on the zoning map. The map together with all legends, symbols, notations, references, zoning district boundaries and other information on the map shall be incorporated into this Title by reference as though it were fully included.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Title are considered to be minimum requirements. The County may establish more stringent requirements where deemed necessary.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-1-208 - Interpretation, Constitutionality, and Severability.

(a)

Ambiguities. Unless otherwise provided, any ambiguity concerning the content or application of this Title shall be resolved by the Director.

(b)

Invalidity. If any section, subsection, sentence, clause, or phrase of this Title is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Title. The Board declares that it would have passed this Title and every section, subsection, clause, and phrase thereof, notwithstanding that one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional.

(Ord. 2024-18, § 1(Exh. A), 2024)

It is not intended by this Title to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. Where this Title imposes a greater restriction upon the use of buildings or land, or upon the height of buildings, or requires larger open spaces than are imposed or required by other

ordinances, rules, or regulations, or by easements, covenants, or agreements, the provisions of this Title shall prevail.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as otherwise specifically provided, no provision of this Title shall be construed as relieving any party to whom a use permit, variance, or other development approval has been issued from any other provision of state or federal law or from any provision, ordinance, rule, or regulation of the City requiring a license, franchise, or permit to accomplish, engage in, carry on, or maintain a particular business, enterprise, occupation, transaction, or use.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Formal Rules of Evidence Do Not Apply. Except as otherwise expressly provided in this Chapter, formal rules of evidence or procedure which must be followed in a court of record in this state shall not apply to hearings conducted pursuant to this Title.

(b)

No Presumption Regarding Error. There shall be no presumption that error is prejudicial or that injury was done if error is shown.

(Ord. 2024-18, § 1(Exh. A), 2024)

All permits and licenses for the use or division of land or the construction, moving, or alteration of any building or structure issued by the City shall be subject to the following requirements:

(a)

Issuance of Permit. All departments, officials, and employees of the City responsible for the issuance of such permit or license shall determine that the permit or license requested will not violate any of the provisions of this Title.

(b)

Invalid Permit. Any permit or license issued by said departments, officials, or employees which is issued in violation of the provisions of this Title shall be null and void.

(c)

Failure to Comply. Failure to comply with any conditions or requirements of such permit or license shall be considered a violation. Conviction of an infraction because of such failure to comply will render the permit or license void.

(d)

Run With the Land. All development permits shall run with the land; permits are not tied to individuals, including those persons who applied for the permit or who owned the property at the time the permit was issued.

(Ord. 2024-18, § 1(Exh. A), 2024)