Chapter 5 — SUPPLEMENTARY REGULATIONS

The intent of this Chapter is to qualify or supplement regulations that appear elsewhere in this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

Every dwelling or dwelling group must be located and maintained on a lot as required by this Title. Not more than one (1) dwelling structure shall occupy any one (1) lot, unless otherwise permitted in this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

No space needed to meet the width, yard, area, intensity, parking, or other requirements of this Title for lot or building may be sold, separated, or leased away from such lot or building.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 2. - ADMINISTRATIVE PROVISIONS

CHAPTER 1. - ADMINISTRATIVE PROVISIONS: INTENT AND ORGANIZATION

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)

CHAPTER 2. - REVIEW AUTHORITIES

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)

9-2-203 - City Council.

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 ViceChairperson 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)