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