Chapter 27 — TIME EXTENSIONS

The intent of this Chapter is to provide a method for allowing time extensions for approved applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Time Extensions may be initiated by the property owner or the property owner's authorized agent. The application shall include such documents and other information as required by the Review Authority. The Time Extension Application shall be submitted to the Community Development Department prior to the expiration date of the original development application. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Time Extensions shall be reviewed and acted upon by the Review Authority that approved the original development application. Time Extension Applications shall be reviewed using the review procedure required for the original development application, except for the modifications specified below:

(a)

Major or Minor Subdivisions. If an application for an extension of the expiration date of an approved Major or Minor Subdivision Application is denied by the Review Authority, the applicant may appeal the decision within fifteen (15) calendar days of the denial.

(b)

Vested Rights. If an application for an extension of the expiration date of the vested rights in effect after the filing of a parcel map or final map is denied, the applicant may appeal the decision within fifteen (15) calendar days of the denial.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Automatic Time Extension. Upon receipt of an application for Time Extension from the landowner (or the landowner's successor in interest) submitted prior to the expiration of the landowner's approved development application, an automatic extension of the expiration date of said development application shall be granted by the Director for a period of not to exceed sixty (60) days, or until the application for Time Extension is approved, conditionally approved, or denied, whichever occurs first. The period of said automatic time extension shall be deducted from the period for the normal Time Extension application that is subsequently submitted by the landowner for the development application.

(b)

Time Extensions for Major or Minor Subdivisions. Time Extensions for Major or Minor Subdivision Applications may be granted as follows:

(1)

An extension of the expiration of an approved Major or Minor Subdivision Application may be granted by the Review Authority for a period or periods not to exceed six (6) years. Upon receipt of an application for Time Extension, the approved Major or Minor Subdivision Application shall be automatically extended for sixty (60) days, or until the application for extension is approved, conditionally approved, or denied, whichever occurs first.

(2)

An extension of the expiration date of the vested rights in effect after the filing of a parcel map or final map may be granted by the Review Authority for a period or periods not to exceed one (1) year.

(3)

An extension of the expiration date of an approved Major or Minor Subdivision application may be granted by the Director for period of time during which a lawsuit, involving the approval or conditional approval of the tentative map, is or was pending in a court of competent jurisdiction. The application for Time Extension shall include documentation of the dates from when the lawsuit was filed with the court and when the case was dismissed or a final judgment rendered by the court.

(c)

Time Extensions for Other Development Applications. Time Extensions for approved development applications may be granted by the Review Authority for a period or periods not to exceed one (1) year.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 28. - IMPROVEMENT PLANS

It is the intent of this Chapter to provide a method for reviewing Improvement Plans for conformance with City of Mountain House Improvement Standards and conditions of approval for discretionary applications.

(Ord. 2024-18, § 1(Exh. A), 2024)

Improvement Plans shall be prepared by a registered civil engineer, unless waived by the Director. Off-site and on-site improvements required by City of Mountain House Improvement Standards and conditions of approval for the application shall be incorporated into the Improvement Plans. The plans shall be reviewed and approved by the Director prior to the issuance of a building permit. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Improvement Plans shall be reviewed by the Director using the Staff Review Procedure as specified in Chapter 3 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Improvement Plans prepared under the provisions of this Chapter shall incorporate the information required by the conditions of approval and ordinance requirements of City of Mountain House to insure that off-site and on-site infrastructure meets the minimum requirements of the City. Unless otherwise specified in this Title, the use cannot be established until all conditions of approval have been complied with. Improvement Plans approved under this Title are approved for a period of eighteen (18) months from the date of approval.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Requirements. In those instances involving a use that requires the preparation of Improvement Plans and the Improvement Plans have previously been approved, the Director may approve amendments to said Improvement Plans for the expansion or adjustment of an existing development if the expansion complies with all of the following requirements:

(1)

The existing Improvement Plans are adequate to determine the compliance of the proposed expansion with all required standards and conditions.

(2)

The building or use expansion is incidental to the existing use.

(3)

The building or use expansion does not result in a change of use.

(4)

The building expansion involves less than twenty-five percent (25%) increase in floor area covered by the existing structures associated with the use.

(5)

A use involves less than ten percent (10%) increase in the overall site area covered by the existing use.

(6)

The building or use expansion complies with the existing requirements of the agencies having jurisdiction and any other appropriate agencies as determined by the Director of the Community Development Department.

(b)

Requirements Not Met. If the proposed expansion does not meet with the above requirements in Subparagraph (a), a new set of Improvement Plans shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 29. - PARCEL MAP WAIVERS

It is the intent of this Chapter to provide a method for waiving a parcel map for a Minor Subdivision, as provided in the Subdivision Map Act Section 66428(a).

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Parcel Map Waivers may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Parcel Map Waivers shall be reviewed by the Director and City Engineer using the Staff Review Procedure in Chapter 3 of Division 2 with the following modification: Denial of a Parcel Map Waiver Application may be appealed to the Planning Commission.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(a)

Conformity with Laws. The proposed minor subdivision conforms with the Subdivision Map Act, the San Joaquin Development Title and the Mountain House Development Title;

(b)

Conformity with Regulations. The proposed minor subdivision:

(1)

Conforms to State and County requirements as to area, improvement and design, and flood water drainage control,

(2)

Has appropriate improved public roads available,

(3)

Has adequate sanitary disposal facilities available, and

(4)

Has adequate water supply available.

(c)

Environmental Effects. The proposed minor subdivision will not have an adverse effect on the environment;

(d)

Conformity with Plans. The proposed minor subdivision conforms to the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan and any other plans adopted by the City;

(e)

Conformity with Other Ordinances. The proposed minor subdivision conforms with all other County ordinances;

(f)

Lack of Need. A parcel map is not necessary to insure proper legal description of property, location of property lines and monumenting of property lines;

(g)

Size. The proposed minor subdivision shall result in all parcels being not less than forty (40) acres gross or a quarter of a quarter section;

(h)

Certificate of Compliance. A Certificate of Compliance has been obtained, or assurances have been given by the applicant that a Certificate of Compliance will be obtained;

(i)

Facilities. Appropriate improved public roads, adequate sanitary disposal facilities, and adequate water supplies are available; and

(j)

Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 30. - MOBILE HOME PERMITS

The intent of this Chapter is to provide a method for the placement of mobile home(s) on individual lots. Uses approved under the provisions of this Chapter are to be considered transitory and are to be removed once the need for such a use no longer exists.

(Ord. 2024-18, § 1(Exh. A), 2024)

Mobile homes are permitted in the following zones:

(a)

Residential zones in accordance with Table 9-3-2.1;

(b)

Commercial zones in accordance with Table 9-4-2.1;

(c)

Industrial zones in accordance with Table 9-5-2.1;

(d)

Agricultural zones in accordance with Table 9-6-2.1; and

(e)

Other zones in accordance with Table 9-7-2.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Mobile Home Permits may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required. The following minimum requirements shall be met prior to filing an application for a Mobile Home Permit:

(a)

Permits for Temporary Mobile Homes:

(1)

The mobile home is to be used as a residence during the construction of a permanent dwelling on the same property, and it shall be removed when the building permit for the residence is finaled; and

(2)

All required building, electrical, and plumbing permits shall be secured prior to the installation of the mobile home. All such permits shall remain in force as long as the mobile home remains on the property. These provisions can be waived for thirty (30) days, by the Director, for residences damaged by flood, fire, earthquake, or other natural disasters.

(b)

Permits for Caretaker Mobile Homes:

(1)

The mobile home shall be used only by an individual whose presence on the property is necessary to prevent vandalism, pilferage, damage, or destruction to property, structures, or equipment located on the same parcel; and

(2)

The parcel may not contain another residence unless the property to be protected is isolated from that residence.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Mobile Home Permits shall be reviewed by the Director using the Staff Review Procedure in Chapter 3 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any Mobile Home Permit approved under the provisions of this Chapter shall comply with the following provisions:

(a)

Yards. The mobile home must meet the minimum yard requirements for a main structure specified by the zone in which it is located.

(b)

Additions. No permanent room additions shall be allowed.

(c)

Skirting. Skirting constructed of a suitable material shall be installed.

(d)

Rent. Except for mobile homes used for farm employee housing or second unit dwellings, the mobile home shall not be rented or leased.

(e)

Rezonings and Annexations. The mobile home shall be removed if the property is rezoned to a zone not allowing the use or if the property is annexed to a city and the city's zoning ordinance does not allow the use.

(f)

Off-Street Parking. One (1) off-street parking space shall be provided for each mobile home. Parking shall comply with all requirements for parking specified in this Title.

(g)

Repealed by Ord. 4006.

(h)

Construction Standards. The mobile unit or mobile home shall be constructed to meet the minimum

standards of the National Manufactured Housing Construction and Safety Act of 1974. Mobile homes built prior to September 15, 1971, shall require a preinspection.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 9. - SUBDIVISION REGULATIONS

CHAPTER 1. - SUBDIVISION REGULATIONS: INTENT AND ORGANIZATION

Division 9 constitutes the Subdivision Regulations. The intent of this Division is to govern the subdivision of property in City of Mountain House and to effect the following purposes:

(a)

Plan Implementation. To implement the City of Mountain House General Plan and any Specific Plan and Special Purpose Plan of the City; and

(b)

Orderly Process. To establish reasonable standards of design and reasonable procedures for subdivision and resubdivision in order to further the orderly layout and use of land and insure proper legal descriptions and monumenting of subdivided land.

(Ord. 2024-18, § 1(Exh. A), 2024)

It is the policy of City of Mountain House regarding subdivisions that:

(a)

City Control. The subdivision and subsequent development of land shall conform to the adopted General Plan, any Specific or Special Purpose Plans of the City of Mountain House, and the other provisions of this Development Title;

(b)

Safety of Development. All subdivided land should be of such character that it can be used safely for building purposes by future holders of title without unreasonable danger to health, or peril from fire, flooding, or other menace; and

(c)

Facilities and Services. In accordance with General Plan policies, provision shall be made for drainage, sewerage disposal, water, schools, parks, recreation, streets, roads, highways, and other public facilities and services.

(Ord. 2024-18, § 1(Exh. A), 2024)

Authority for this Division is found in Title 7, Division 2, of the Government Code, commencing with Section 66410, hereinafter known as the Subdivision Map Act. In addition to any regulations provided by law, the regulations provided by this Division shall apply to all subdivisions and parts of subdivisions hereafter made entirely or partially within the City of Mountain House. This Division of this Title may be known as the Subdivision Regulations or the Subdivision Ordinance.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - GENERAL PROVISIONS

The intent of this Chapter is to set forth general provisions which shall apply throughout Division 9, Subdivision Regulations.

(Ord. 2024-18, § 1(Exh. A), 2024)

All subdivisions in City of Mountain House shall be filed as either a final map or parcel map. All major subdivisions shall be filed for recordation as a final map. All minor subdivisions shall be filed as a parcel map or a final map.

(Ord. 2024-18, § 1(Exh. A), 2024)

No land shall be used, nor any building be constructed, on any lot or parcel not in conformance with this Division. No permit for the construction of a building or the use of land shall be issued on a parcel of land which does not comply with the provisions of the General Plan, this Division, and the Subdivision Map Act. At the time of issuance of a permit, the applicant shall submit evidence that the parcel of land complies with this Division and the mandatory provisions of the current Subdivision Map Act, and a certification shall be required from Public Health Services as to the adequacy of the parcel to meet sanitary requirements.

(Ord. 2024-18, § 1(Exh. A), 2024)

All lot corners shall be marked with iron pipe not less than three-quarters (¾) of an inch inside diameter and twenty-four (24) inches long, or marked by other monuments or reference crosses as approved by the City Engineer.

(Ord. 2024-18, § 1(Exh. A), 2024)

Centerline monuments shall be located as set forth in this section.

(a)

Location of Monuments. Road, street, alley, and way centerline monuments shall be set to mark the intersections of streets, intersections of streets with alleys or ways, intersections of alleys with alleys or ways, or at the intersection of any street, alley, or way with a tract boundary. Street centerline monuments shall also be set to mark the beginning and end of curves or the points of intersection of tangents thereof. Such centerline monuments shall be not less than a three-quarters (¾) inch diameter iron pin, at least thirty (30) inches long, and set in the subgrade. A monument box and cover in conformance with City of Mountain House Improvement Standards shall be set above the monument, with the top of the box flush with the finished grade.

(b)

Alternative Locations. In the event that, due to the construction of subdivision improvements or the location of trees or other physical features, the monuments specified above cannot be located at the points specified, a reference monument or monuments shall be set subject to the approval of the City Engineer. Notes as to the location of said monument or monuments with reference to the referenced point shall be furnished to the City Engineer.

(Ord. 2024-18, § 1(Exh. A), 2024)

All monuments set as required herein shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.

(Ord. 2024-18, § 1(Exh. A), 2024)

All monuments shall be subject to inspection and approval by the City Engineer.

(Ord. 2024-18, § 1(Exh. A), 2024)

Whenever a section corner or quarter-section corner is to be used as a controlling element of a field survey, the engineer or surveyor responsible for the survey shall construct, reconstruct, or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the

same may be reasonably expected to be located with facility at all times in the future. Such monuments shall be not less than a three-quarter (¾) inch diameter iron pin, thirty (30) inches long, or other monuments as approved by the City Engineer.

(Ord. 2024-18, § 1(Exh. A), 2024)

Lots shall comply with the following requirements:

(a)

Areas and Widths of Lots. The area and width of lots or parcels in a subdivision map shall conform to the particular zoning district in which the property is located;

(b)

Relation of Depth to Width. The depth to width ratio of a lot in a subdivision shall conform to the particular zoning district in which the lot is situated when new lots are created by subdivision, except where physical conditions make such limitation of depth to width ratio impractical or the width of the lot is three hundred thirty (330) feet or greater;

(c)

Division of Jurisdiction. No lot or parcel shall be permitted to be divided by a city or county boundary line;

(d)

Angle of Lot Side Line. Lot or parcel side lines shall be approximately normal to the street right-of-way lines to the extent practical; and

(e)

Exception. This Section shall not apply to:

(1)

Any lot or parcel which the subdivider offers to dedicate to the City or any public agency or district, and

(2)

Any subdivision map that redesigns an existing subdivision in which the density of lots is not increased.

(Ord. 2024-18, § 1(Exh. A), 2024)

Soils reports shall be provided as required by this Section.

(a)

Major Subdivision. A preliminary soils report, prepared by a state-registered civil engineer and based upon adequate test borings, shall be submitted to the building official for every major subdivision at the time of tentative map submittal.

(b)

Waiver of Report. A preliminary soils report may be waived if the building official finds that, due to the knowledge the City possesses relative to the quality of the soils in this subdivision, no preliminary analysis is necessary.

(c)

Soils Investigation. If the required preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a soil investigation of each lot in the subdivision. The soil investigation shall be prepared by a State-registered civil engineer and shall recommend corrective action likely to prevent structural damage to each dwelling to be constructed. Prior to issuance of the building permit, any recommended action approved by the building official shall be incorporated into the construction of each dwelling.

(Ord. 2024-18, § 1(Exh. A), 2024)

Geotechnical reports shall be provided to address geologic hazards as required by this Section.

(a)

Major Subdivision. A preliminary geotechnical report, prepared by a State-registered geotechnical engineer or State-registered geologist and based upon adequate test borings, shall be submitted to the building official for every major subdivision at the time of tentative map submittal. The preliminary geotechnical report shall include estimates of expected peak ground accelerations during maximum credible earthquake potentially affecting the site.

(b)

Waiver of Report. A preliminary geotechnical report may be waived if the building official finds that, due to the knowledge the City possesses relative to the quality of the soils in this subdivision, no preliminary analysis is necessary.

(c)

Geotechnical Investigation. If the required preliminary geotechnical report indicates the presence of geologic hazards (such as slope instability, subsidence, adverse soil conditions, seismic hazards) which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a geotechnical investigation for each lot in the subdivision. The geotechnical investigation shall be prepared by a State-registered geotechnical engineer or State-registered geologist and shall recommend corrective action likely to prevent structural damage to each dwelling to be constructed. Prior to issuance of the building permit, any recommended action approved by the building official shall be incorporated into site preparation and construction of each dwelling.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-9-212 - Surface and Subsurface Contamination Report.

(a)

Report. A surface and subsurface contamination report shall be required at the time of the tentative map submittal. The surface and subsurface contamination report shall be prepared by a qualified environmental professional and shall identify any potential source of surface or subsurface contamination caused by past or current land uses. The report shall include evaluation of nonpoint source of hazardous materials, including agricultural chemical residues, as well as potential point sources, such as fuel storage tanks, septic systems, or chemical storage areas.

(b)

Site Assessment. The Surface and Subsurface Contamination Report shall include a site assessment prepared in accordance with ASTM standards to assess the presence of any fuel, pesticide, herbicide or chemical residue on or under the soil that is listed on the State or Federal list of toxic materials.

(1)

A component of the required site assessment shall be an investigation of the location and condition of currently used and abandoned water wells and gas wells.

(2)

If the Surface and Subsurface Contamination Report indicates the presence of residues in excess of allowable limits within the affected area, corrective actions shall be undertaken, as recommended in the report and concurred with by the City. Said corrective actions shall be conducted in accordance with the requirements of the City and the applicable State agency.

(3)

Corrective actions shall be completed prior to approval of the final map or parcel map.

(c)

Waiver of Report. The surface and subsurface contamination report may be waived if the Environmental Health Division finds that, due to the knowledge the City possesses relative to the possible contamination of the soils in this subdivision, no preliminary analysis is necessary.

(d)

Corrective Action. If the report indicates there are surface and subsurface contamination, corrective action shall be taken, as recommended in the report and concurred with by Environmental Health prior to the issuance of the building permit.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-9-213 - Design Guidelines.

Design Guidelines with development standards shall be submitted for review by the Community Development Department Director and Mountain House Design Consistency Review Committee. Said Design Guidelines shall be found by the Community Development Director to be consistent with the Mountain House Master Plan, Mountain House CSD Design Manual and other applicable, adopted community plans prior to approval of the final map or parcel map. Design Guidelines shall not be required for preliminary maps.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 3. - FINAL MAPS

9-9-301 - Intent.

The intent of this Chapter is to control the practices and procedures regarding the preparation and approval of final maps.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to the expiration of the tentative map or the vesting tentative map of an approved major subdivision application, the subdivider shall submit three (3) prints of the final map to the City Engineer for checking. The preliminary prints shall bear both the signatures of all parties having record title interest in the lands being subdivided and the engineer or surveyor responsible for the survey. The prints shall bear either original signatures or signatures reproduced from a previously signed original final map. The prints shall be accompanied by the following data, reports, and documents in a form approved by the City Engineer and, where applicable, the City Attorney:

(a)

Improvement Plans and Specifications. Three (3) complete sets of Improvement Plans, specifications, and engineer's preliminary estimates;

(b)

Reports. A complete set of reports as follows:

(1)

Preliminary soils reports, including R-values and structural sections calculations;

(2)

Preliminary geotechnical reports; and

(3)

Surface and subsurface contamination reports.

(c)

Hydrology and Hydraulic Calculations. Storm drain calculations (e.g., hydrology, sub-area map, pipe line, hydraulic design, ponding basin, pump system, etc., if applicable); and water and sewer design data and supporting calculations, if applicable;

(d)

Guarantee of Title. A subdivision guarantee of title, in a form acceptable to the City Engineer and City Attorney, issued by a competent title company to and for the benefit and protection of the City. Said guarantee of title shall be continued complete up to the instant of filing the final map with the County Recorder, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgements thereto, appear on the proper statements and are correctly shown on the map, both as to contents as to the making thereof and affidavits of dedication where necessary;

(e)

Preliminary Title Report. A preliminary title report showing the legal owners at the time of the submittal of the final map;

(f)

Traverse Closures. Traverse closures for the boundary, blocks, lots, road centerlines, and rights-of-way, easements, and offset lines;

(g)

References. Copies of all deeds and unfiled surveys referenced on the final map and/or included in the current preliminary title report;

(h)

Tax Certificates. A certified copy of the tax letter and a copy of the tax certificate from the County Tax Collector stating that all taxes due have been paid or that a tax bond or other adequate form of security

assuring payments of all taxes which are a lien but not yet payable has been filed with the City; and

(i)

Deeds for Easements of Rights-of-Way. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence shall be acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance for the facility.

(Ord. 2024-18, § 1(Exh. A), 2024)

The City Engineer shall review the final map and any other required information, and the subdivider shall make corrections and/or additions until acceptable to the City Engineer.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-9-304 - Approval by City Manager or City Manager's Designee.

(a)

The City Manager or her/his designee shall approve or deny a Final Map in accordance with the Subdivision Map Act.

(b)

Upon receipt of a Final Map for approval, the City Manager or the City Manager's designee shall notify the City Council that a Final Map approval is pending. The City Manager or her/his designee shall docket the Notice of Pending Final Map Approval for the next regularly scheduled City Council meeting after the City Manager or her/his designee receives the Final Map.

(c)

The City Clerk shall include the Notice of Pending Final Map Approval within the City Council's agenda and mail it to interested parties who request notification.

(d)

The City Manager or the City Manager's designee shall approve or disapprove the Final Map within 10 days of the City Council meeting that included the Notice of Pending Final Map Approval on the City Council's agenda.

(e)

The City Manager's or her/his designee's action to approve or disapprove the Final Map may be appealed to the City Council. The appeal must be filed with the City Clerk within 10 days of the date the City Manager or her/his designee approved or disapproved the Final Map.

(f)

On appeal, the City Council may approve or disapprove the Final Map and any associated documents or agreements in accordance with the Subdivision Map Act.

(g)

The City Manager or the City Manager's designee, or the City Council on appeal, shall approve the Final Map if they determine both of the following are true:

(1)

The Final Map is in substantial compliance with the Tentative Map or Vesting Tentative Map of the approved Major Subdivision Application and all required conditions of approval of the Tentative Map or the Vesting Tentative Map have been satisfied; and

(2)

The Final Map conforms to the Subdivision Map Act.

(h)

The City Council shall periodically review the delegation of authority to the City Manager or her/his designee.

(Ord. 2024-18, § 1(Exh. A), 2024)

All survey work done on any final map of a subdivision shall conform to the accepted standards of the surveying profession.

(a)

Allowable Error. The allowable error of closure on any portion of a final map shall be less than two onehundredths ( 2/100 ) of a foot or a ratio of one to twenty thousand (1:20,000), whichever is greater.

(b)

Centerlines of Adjoining Error. In the event the centerline of any street or road right-of-way in any adjoining subdivision has been established, the final map shall show said centerline, together with reference to a County field book or map of record showing such centerline and the monuments which determine its position. If the position of the centerline is determined by ties, that fact shall be stated on the final map. Only centerlines of streets pertinent to the subdivision need be shown.

(Ord. 2024-18, § 1(Exh. A), 2024)

Subdividers shall submit with or on the final map a statement, signed and acknowledged by all parties having any record title interest in the real property to be subdivided, consenting to the preparation and filing of the final map. Evidence of signatories' record title interests shall be provided as set forth in Section 9-9302(d).

(Ord. 2024-18, § 1(Exh. A), 2024)

The final map shall be prepared by or under the direction of a registered civil engineer, duly licensed to practice land surveying, or a licensed land surveyor; shall be based upon a field survey; and shall conform to the following provisions:

(a)

Legibility. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)

Format. The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and, wherever practicable, shall be at an engineer's scale where one (1) inch equals eighty (80) feet or less. One (1) sheet or as many sheets as are necessary to accommodate the map may be used. Each sheet shall be numbered, the relation of one sheet to another shall be clearly shown, and the number of sheets used shall be set forth on each sheet. The tract number, scale, north point, and sheet number shall be shown on each sheet of the final map. Each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet on the twenty-six (26) inch side.

(Ord. 2024-18, § 1(Exh. A), 2024)

The title sheet of each final map shall contain a title consisting of the number and name of the subdivision and a subtitle consisting of a geographic description of all property being subdivided by reference to such map or maps of the property shown thereon, as shall have been previously recorded or shall have been previously filed in the office of the County Recorder under authority of Chapter 3 (commencing at Section 11650) of Part 2, of Division 4 of the Business and Professions Code, or by reference to the plat of any United States survey. The title sheet shall also show, in a form acceptable to the City Engineer, such appropriate certificates, statements, and acknowledgements as required in Title 7, Division 2 (commencing at Section 66410), of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

If more than one (1) map sheet is used in preparing the final map, there shall be included, either on the title sheet or the first map sheet, an index map showing the general plan of the subdivision, street names, lot numbers, and the portions of the subdivision included on each map sheet.

(Ord. 2024-18, § 1(Exh. A), 2024)

The gross boundary line of a subdivision shall be indicated by a heavy line.

(Ord. 2024-18, § 1(Exh. A), 2024)

On each final map there shall be fully and clearly shown and identified such stakes, monuments, or other evidence, including the record reference, determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, whether by lot and tract number and place of record, by section, township, and range, or by proper legal description, as may be necessary to locate precisely the limits of the subdivision. Where a found monument has no record reference, "No Record' shall be indicated adjacent to the found monument on the final map.

(Ord. 2024-18, § 1(Exh. A), 2024)

Each final map shall show durable monuments of not less than three-quarter (¾) of an inch diameter iron pin, at least thirty (30) inches long, set at each boundary corner and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distance as may be made necessary by topography or culture to insure accuracy in reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument, including the R.C.E./P.L.S. tag number, shall be shown on the final map.

(Ord. 2024-18, § 1(Exh. A), 2024)

In the event that some of the required interior monuments are to be set subsequent to the filing of the final map, the map shall show which monuments, or the furnishing of notes thereon, as required by Section 9-9312, shall be agreed to be set and/or furnished by the subdivider. Such agreement shall be accompanied by a security per the Subdivision Map Act, Section 66496. The security shall be released per terms of Section 66497 of the Subdivision Map Act.

(Ord. 2024-18, § 1(Exh. A), 2024)

The bearing and length of each lot line, block line, and boundary line shall be shown on the final map. Each required bearing and distance shall be shown in full, and no ditto mark or other designation of repetition

shall be used.

(Ord. 2024-18, § 1(Exh. A), 2024)

The basis of bearings shall appear on the first sheet after the title sheet. Reference shall be made to some filed final map, parcel map, record of survey map, City Engineer's map, or other record acceptable to the City Engineer. Such basis of bearings shall be derived from at least two (2) found monuments of record on the same line.

(Ord. 2024-18, § 1(Exh. A), 2024)

For lots containing one acre or more, final maps shall show net acreage to at least the nearest onehundredth ( 1/100 ) of an acre.

(Ord. 2024-18, § 1(Exh. A), 2024)

All lots, including utility lots, shall be numbered consecutively, commencing with the number "1," except as otherwise approved by the City Engineer, with no omissions or duplications. Each numbered lot shall be shown to scale entirely on one sheet.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following curve data shall be shown on the final map:

(a)

Radial Bearing. The arc length, chord length and bearing, radius, total central angle, and the radial bearing of each curve, including overall curves;

(b)

Bearing. The bearing of each radial line to each lot corner on each curve;

(c)

Central Angle. The central angle of each segment within each lot.

(Ord. 2024-18, § 1(Exh. A), 2024)

Easements shall be incorporated into final maps as set forth in this Section.

(a)

Easement Lines. The final map shall show the width of all easements, including the lengths and bearings of the lines thereof, to which the lots in the subdivision are subject. If the easement is not definitely locatable from record, a statement acknowledging the easement shall appear on the title sheet.

(b)

Designation and Identification. All existing and dedicated easements shall be clearly labeled and identified. Easements on existing lots of record shall be denoted by broken lines. Mapping of recorded easements shall include reference to the recording data. Easements being dedicated shall be so designated in a statement of dedication.

(c)

Bearings on Lot Lines. Distances and bearings on the side lines of lots cut by an easement shall be so shown as to indicate clearly the actual lengths of the lot lines.

(d)

Necessary Rights-of-Way. Final maps shall include the location and width of rights-of-way necessary for railroads, flood control, drainage, and the like, whether previously of record or currently offered for dedication.

(Ord. 2024-18, § 1(Exh. A), 2024)

On each final map, the centerline of each highway, street, or road right-of-way to be dedicated, the total width thereof, the width on each side of the centerline, and the width of the portion to be dedicated shall be shown. Curve data as set forth in Section 9-910.19 shall also be included as appropriate. The boundary of the map shall be shown along the centerline of any street or highway where such centerline of said street or highway defines a limit of the parcel being subdivided.

(Ord. 2024-18, § 1(Exh. A), 2024)

When the vehicular access rights from any lot to appropriately designated roads are or will be restricted by a subdivision, such rights, if not already a matter of record, shall be offered for dedication to the City by an appropriate statement on the title sheet of the final map. Each lot shall be clearly marked with a distinctive symbol that is shown in a legend that clearly defines its extent and nature of the restriction.

(Ord. 2024-18, § 1(Exh. A), 2024)

Any city or County boundary line adjoining the subdivision shall be clearly designated and tied in upon the final map.

(Ord. 2024-18, § 1(Exh. A), 2024)

No additional survey and map requirements shall be included on a final map which do not affect record title interests.

However, the City Engineer may require additional information, in the form of a separate document or an additional map sheet, to be filed or recorded simultaneously with the final map in accordance with Section 66434.2 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

When, in the opinion of the Review Authority, a defect or error of a technical or inadvertent nature has caused a final map to fail to meet or perform any of the conditions of this Chapter, the Review Authority may waive such defect or error and process the final map as though none had occurred.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-9-326 - Fees.

Subdividers shall pay an Improvement Plan checking fee and a final map checking fee, as provided by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

A final map may be amended pursuant to the provisions of Chapter 26 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 4. - PARCEL MAPS

The intent of this Chapter is to prescribe the requirements for, and waiver of, parcel maps.

(Ord. 2024-18, § 1(Exh. A), 2024)

The filing of a parcel map, in conformance with the tentative map or vesting tentative map of an approved Minor Subdivision Application, shall be a condition of approval of any Minor Subdivision Application except as provided in Section 9-9-409.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-9-403 - Preparation.

The parcel map shall be prepared by, or under the direction of, a registered civil engineer, duly licensed to practice land surveying, or a licensed land surveyor; shall show the location of streets and property lines bounding the property; and shall conform to all of the following provisions:

(a)

Legibility. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

(b)

Size and Scale. The size of each sheet shall be eighteen (18) by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of each sheet and the total number of sheets composing the map shall be stated on each of the sheets, and the relation of each adjoining sheet shall be clearly shown. Each sheet and the lettering thereon shall be so oriented that, with the north arrow directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of each sheet on the twenty-six (26) inch side.

(c)

Feature Identification. Each parcel shall be numbered, and each block may be numbered or lettered. Each road shall be named or otherwise designated.

(d)

Identification of Parcels. Parcels shall be identified as follows:

(1)

The exterior gross boundary of the land included within the subdivision shall be indicated by an extra heavy line and clearly designated.

(2)

The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a "designated remainder" parcel or similar parcel, and the gross area of the "designated remainder" parcel or similar parcel is five (5) acres or more, that remainder parcel need not be shown on the map, and its location need not be indicated as a matter of survey but only by deed reference to the existing boundaries of the remainder parcel.

(3)

A parcel designated as "not a part" shall be deemed to be a "designated remainder" for purposes of this Section.

(e)

Statement of Consent. Subject to the provisions of Section 66436 of the Subdivision Map Act, a statement, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and filing of the parcel map is required.

(f)

Consent of Subdivider. Where dedications or offers of dedications are not required, the statement shall be signed and acknowledged by the subdivider only. If the subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide the City with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this Subsection, "record title ownership" shall mean fee title of record unless a leasehold interest is to be divided, in which case "record title ownership" shall mean ownership of record of the leasehold interest. "Record title ownership" does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface. Statements and acknowledgements required by this Subsection shall be recorded concurrently with the parcel map being filed for record.

(g)

Notation or Reference. No additional survey and map requirements shall be included on a parcel map which do not affect record title interests. However, the City Engineer may require the map to contain a notation or reference to survey and map information pursuant to Section 66434.2 of the Government Code.

(h)

Reference to Separate Instrument. Whenever a certificate, statement, or acknowledgement is made by separate instrument, there shall appear on the parcel map a reference to the separately recorded document. This reference shall be completed by the City Recorder pursuant to Section 66468.1 of the Subdivision Map Act.

(Ord. 2024-18, § 1(Exh. A), 2024)

On each parcel map there shall be fully and clearly shown and identified such stakes, monuments, or other evidence, including the record reference, determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, whether by lot and tract number and place of record, by section, township, and range, or by proper legal description, as may be necessary to locate precisely the limits of the subdivision. Where a found monument has no record reference, "No Record" shall be indicated adjacent to the found monument on the parcel map.

(Ord. 2024-18, § 1(Exh. A), 2024)

In the event that some of the required interior monuments are to be set subsequent to the filing of the parcel map, the map shall show which monuments, or the furnishing of notes thereon, as required by Section 9-9-915.4, shall be agreed to be set and/or furnished by the subdivider. Such agreement shall be

accompanied by a security per Section 66496 of the Subdivision Map Act. The security shall be released per terms of Section 66497 of the Subdivision Map Act.

(Ord. 2024-18, § 1(Exh. A), 2024)

The bearing and length of each parcel line, block line, and boundary line shall be shown on the parcel map. Each required bearing and distance shall be shown in full, and no ditto mark or other designation of repetition shall be used.

(Ord. 2024-18, § 1(Exh. A), 2024)

For parcels containing one acre or more, parcel maps shall show the acreage to at least the nearest onehundredth ( 1/100 ) of an acre.

(Ord. 2024-18, § 1(Exh. A), 2024)

Dedications or offers of dedication shall conform to the provisions of this Section.

(a)

Required Dedications or Offers. If dedications or offers of dedication are required, they may be made either by a statement on the parcel map or by separate instrument, as determined by the City Engineer. If dedications or offers of dedication are made by separate instrument, the dedications or offers of dedication shall be executed prior to the parcel map being filed for record.

(b)

Dedications or Offers Signed. The dedications or offers of dedication, whether by statement or separate instrument, shall be signed by the same parties and in the same manner as set forth in Section 66436 or 66439 of the Government Code for dedications by a parcel map.

(Ord. 2024-18, § 1(Exh. A), 2024)

In all cases where a parcel map is required, such map shall be based upon a field survey made in conformity with the Land Surveyors' Act.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following statements shall appear on a parcel map unless otherwise approved by the City Engineer:

(a)

Engineer's (Surveyor's) Statement. An engineer's statement as follows:

"This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) in (month, year). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any. All monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retraced.

Dated this day of_________, 19__.

__________________ (Engineer) (Surveyor) (License No.) (Registration) (License) Expiration Date:_______"

(b)

City Engineer's statement. A City Engineer's statement as follows:

"I, (Public Works Director), hereby state that I have examined this Parcel Map and that the subdivision shown hereon is substantially the same as it appeared on the tentative map, if required, and any approved alterations thereof. I further state that this Parcel Map complies with all the provisions of Chapter 2 of the California Subdivision Map Act, as amended, and all applicable ordinances of the City of Mountain House, applicable at the time of approval of the tentative map, if required, and that this Parcel Map is technically correct.* I hereby accept on behalf of the public for public use the offer of dedication of [all Public Utility Easements] the (width)-foot widening of right-of-way along [Road Name [the (size) road return] as shown on this Parcel Map.

Dated this day of_________, 19__.

---

(Public Works Director),

R.C.E. (number), City Engineer of the City of Mountain House, California Registration expiration date: _______"

• The part following this asterisk is used only when offers of dedication are made for public utility easements or widenings of existing rights-of-way.

(c)

Recorder's Statement. A Recorder's statement as follows:

"Filed this ___ day of___, 19___, at ___ m. in Book ___ of Parcel Maps, at Page ___, at the request of

_______.

Fee: $___

By: __________________ County Recorder of San Joaquin County,

Assistant Recorder"

(Ord. 2024-18, § 1(Exh. A), 2024)

The subdivider shall submit prints of the parcel map to the City Engineer for checking. Where applicable, the preliminary prints shall be accompanied by copies of the data, plans, reports, and documents as required for final maps by Section 9-9-302.

(Ord. 2024-18, § 1(Exh. A), 2024)

Parcel maps shall be reviewed and approved as provided in this Section.

(a)

Review. The City Engineer shall review the preliminary parcel map and cause any changes to be made which are legally required for approval.

(b)

Original Map. The subdivider shall submit to the City Engineer the original tracing of the map and any duplicates per County requirements, corrected to its final form, and signed by all parties required to execute the statements or certificates on the map.

(c)

Approval. The City Engineer shall approve the map if it is acceptable.

(d)

Filing for Record. After approval, the City Engineer or authorized agent shall transmit the approved parcel map directly to the County Recorder for filing.

(e)

Reports. The City Engineer shall prepare a monthly report of all parcel maps approved and submit it to the Director and Planning Commission.

(Ord. 2024-18, § 1(Exh. A), 2024)

Subdividers shall pay an Improvement Plan checking fee and a parcel map checking fee, as provided by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

A parcel map may be amended pursuant to the provisions of Section 9-8-2601.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 5. - NOTICE OF VIOLATION

The intent of this Chapter is to provide for notice of violations of provisions of this Division.

(Ord. 2024-18, § 1(Exh. A), 2024)

Whenever the Director finds that any real property has been divided, or any boundary line of any parcel relocated, in violation of this Division, he or she shall cause to be mailed, by certified mail to the then current owner of record of the property, a notice of intent to record a Notice of Violation. Said tentative Notice of Violation shall contain the following:

(a)

Property Description. A description of the real property;

(b)

Record Owner. The name(s) and address(es) of the owner(s) of record;

(c)

Violations. A description of the violation(s) alleged;

(d)

Explanation. An explanation as to why the subject parcel is not lawful under the relevant provisions of this Division and the Subdivision Map Act; and

(e)

Notice of Meeting. A time, date, and place where the Director will conduct a meeting to consider said violation(s) of this Division.

(Ord. 2024-18, § 1(Exh. A), 2024)

Within fifteen (15) mailing days of receipt of the tentative Notice of Violation described in Section 9-9-501,

the property owner of record shall inform the Director in writing of his or her objection to the recordation of a Notice of Violation. Failure to so inform the Director shall result in a Notice of Violation being recorded with the County Recorder pursuant to Section 9-9-505.

(Ord. 2024-18, § 1(Exh. A), 2024)

The meeting described in Section 9-9-502 shall be conducted no less than thirty (30) days after the mailing of the tentative Notice of Violation. At the meeting the owners of the property shall be given the opportunity to present any evidence relevant to show why a Notice of Violation should not be recorded.

(Ord. 2024-18, § 1(Exh. A), 2024)

After the owner has had the opportunity to present evidence at the meeting, the Director shall take either of the following actions:

(a)

Clearance Letter. Determine that there has been no violation and mail a clearance letter to the then-current owner of record; or

(b)

Notice of Violation. Determine that the property has in fact been illegally divided and record a Notice of Violation with the City of Mountain House Recorder.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 10. - DEVELOPMENT REGULATIONS CHAPTER 1. - DEVELOPMENT REGULATIONS: INTENT AND ORGANIZATION

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

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - HEIGHTS

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

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

9-10-203 - Special Provisions.

(a)

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

(b)

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

(1)

Penthouse or roof structures for the housing of:

(A)

Elevators,

(B)

Stairways,

(C)

Tanks,

(D)

Ventilating fans, or

(E)

Similar equipment required to operate and maintain the building.

(2)

Fire or parapet walls,

(3)

Skylights,

(4)

Towers,

(5)

Steeples,

(6)

Flagpoles,

(7) Chimneys,

(8) Smokestacks,

(9)

Watertanks,

(10) Wireless or television masts,

(11) Theatre lofts,

(12) Silos,

(13) Windmills,

(14)

Wind turbine generators, or

(15)

Similar structures.

(c)

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

(1)

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

(2)

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

(3)

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

(4)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

9-10-204 - Applicability.

The provisions of this Chapter shall apply whenever:

(a)

A new building is constructed;

(b)

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

(c)

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

(Ord. 2024-18, § 1(Exh. A), 2024)