Chapter 11 — HISTORIC RESOURCE PRESERVATION

The intent of this Chapter is to establish regulations for the preservation of historic resources, such as cultural, archaeological, architectural, aesthetic, and environmental resources, within the City of Mountain House. Accordingly, these regulations have the following specific objectives:

(a)

To preserve, maintain, and improve structures, sites, and districts of historical significance;

(b)

To ensure that modifications to historic resources within the City is consistent with the historic character to be preserved or enhanced; and

(c)

To enrich the educational, cultural, and aesthetic interests of the City through the preservation of the county's historical resources.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Chapter shall apply to all zones in the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-10-1103 - Designation of a Historic Resource.

(Reserved).

9-10-1104 - Change in Designation.

(Reserved).

A Use Permit in accordance with Chapter 10 of Division 8 shall be required prior to any change in the use of an historical resource with the following modifications to the Use Permit process:

(a)

Additional Requirements for Application. The request for such Use Permit shall include the following additional information:

(1)

Evidence that the proposed change in use is consistent with the intent of this Chapter;

(2)

A list of alterations required for the change of use; and

(3)

A site plan which clearly delineates the location and characteristics of the proposed use.

(b)

Additional Findings. In addition to the findings specified for the Use Permit, the Review Authority shall find that all o following are true:

(1)

Such historical resource has been identified as being significant by a recognized historical or architectural organization, or the historical value of the resource can be established by historical or architectural literature, publications, or official documents which discuss the resource and its place in history; and

(2)

The proposed use of such historical resource shall not detract from, or otherwise impair, it as an historical resource, but instead, the proposed use shall complement, enhance, and be compatible with the historical resource.

(Ord. 2024-18, § 1(Exh. A), 2024)

Parcels may be created which are less than the minimum area required by the zone in which the historical resource is located, if the purpose of the smaller parcel is to permit the retention, sale, or transfer of the site on which the historical resource is located in order to attain the intent of this section. The minimum area of parcels created under the provisions of this section shall be determined by the Review Authority.

(Ord. 2024-18, § 1(Exh. A), 2024)

If, during the course of construction, including any grading activity associated with said construction, subsurface archaeological features are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation.

(Ord. 2024-18, § 1(Exh. A), 2024)

If artifacts or evidence of materials such as bone, shell or nonnative stone are uncovered during construction activities, work shall immediately be halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. Said evaluation may entail archaeological test excavation and/or mitigative data recovery.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 12. - MILLS ACT CONTRACT

The intent of this Chapter is to create an incentive program and establish regulations for the preservation of qualified historic property, in the City of Mountain House. This Chapter will provide a method for establishing, terminating, and canceling, qualified historic properties pursuant to California Government Code Sections 50280 through 50290 and California Revenue and Taxation Code Article 1.9, Sections 439 through 439.4. The goal of preservation is supported by the following specific objectives:

(a)

To preserve, maintain, and improve structures and sites, of historic significance;

(b)

To ensure that rehabilitation and modifications of qualified historic properties are accurate and in keeping with their historic context; and

(c)

To provide educational and cultural opportunities for the residents of the City.

(Ord. 2024-18, § 1(Exh. A), 2024)

The purpose of this section is to provide a method for executing a contract pursuant to the Mills Act.

(a)

Application Requirements. A "Mills Act contract" application shall include all documentation, maps or other information required by the Director. Applications shall be filed with the Community Development Department. Contract applications may be initiated by a private property owner or his designated agent and shall meet the following criterion:

(1)

Historic Listing. The qualified historic property must be registered with either the federal National Register of Historic Places or the State's Register of Historical Resources. A qualified historic property may also

qualify for Mills Act contract status by being a property that is designated by the State of California as a Historic Landmark or as a Point of Historic interest.

(b)

Contract Terms. Any contract that is entered into shall comply with the following provisions:

(1)

Minimum Term. The minimum term of a Mills Act contract shall be ten (10) years. Each year, on the date specified in the contract, the contract is automatically renewed for an additional year unless a Notice of Nonrenewal is given or the contract is cancelled.

(2)

Preservation, restoration, and rehabilitation. Property owners under contract shall provide for the necessary preservation, restoration, and rehabilitation of the property so that it conforms with the rules and regulations of the United States Secretary of the Interior's Standards for Rehabilitation and the California State Historical Building Code.

(3)

Inspections. The contract shall provide for the periodic examination of the interior and exterior of the premises by the Community Development Department, Assessor, the Department of Parks and Recreation, and the State Board of Equalization to determine the owner's compliance with the contract.

(4)

Successors. The contract shall be binding upon any successor to the original property owner, i.e., the contract shall "run with the land." The successor in interest shall have the same rights and obligations as the original owner who entered into the contract.

(5)

Annexation. If the City annexes a historic resource with an established Mills Act contract, the City shall succeed to all rights, duties and powers formerly held by the County.

(6)

Recordation. The establishment or cancellation of a contract shall not be final until the contract or notice of cancellation is recorded with the County Recorder by the Community Development Department.

(7)

Notification. The owner or agent of an owner shall provide written notice of the contract to the state Office of Historic Preservation within six (6) months of entering into the contract.

(c)

Review Procedure. Contract applications shall be reviewed by the Community Development Department and by the City Attorney before submittal to the City Council who shall take final action on the contract application.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Section provides a method for nonrenewal of a Mills Act contract. Either party to the contract may submit a Notice of Nonrenewal. Failure to serve a written Notice of Nonrenewal to the other party within the times listed below shall result in an additional year being added to the annual renewal date of the contract.

(a)

Application Requirements. A "Notice of Nonrenewal" application to terminate a Mills Act contract shall include all documentation, maps or other information required by the Director. Applications shall be filed with the Community Development Department. The contract shall continue until the term of the contract has expired.

(b)

City-Initiated. A Notice of Nonrenewal initiated by the City shall be given to the owner or the owners designated agent at least sixty (60) days before the anniversary date of the contract.

(c)

Owner-Initiated. A Notice of Nonrenewal initiated by the owner shall be given to the City at least ninety (90) days before the anniversary date of the contract.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Section provides a method for canceling a Mills Act contract. For the reasons listed below, the City or the owner may initiate a Mills Act Cancellation application. The application fee and any applicable penalty fee shall be paid at the time the request for cancellation is made. The penalty fee is twelve and one-half (12.5) percent of the current fair market value of the property.

Cancellation of a Mills Act contract requires notification to the property owner, public notice in a newspaper of general circulation and a public hearing by the City Council. Immediately following approval by the City Council, the cancellation process shall begin.

Contract cancellation shall be permitted for the following reasons:

(a)

Eminent Domain. If the historic resource is acquired in whole or in part by eminent domain the contract shall be deemed null and void. No penalty fee shall be imposed on the property owner;

(b)

Breach of Contract. If it is determined that the property owner has breached any of the conditions of the Mill Act contract, the contract shall be cancelled and a penalty fee shall be imposed on the property owner;

(c)

Inadequate Restoration. If the owner has not rehabilitated the property in the manner specified in the Mills Act contract, the contract shall he cancelled and a penalty fee shall be imposed on the property owner; or;

(d)

Deterioration. If the property has deteriorated and no longer meets the federal standards for a qualified historic resource referred to in the Mills Act contact, the contract shall be cancelled and a penalty fee shall be imposed on the property owner.

(Ord. 2024-18, § 1(Exh. A), 2024)

A fee for the "Mills Act Contract", "Mills Act Notice of Nonrenewal" and the "Mills Act Cance1lation" application shall be required. These fees are established by the City Council pursuant to Development Title section 9-2-902.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-10-1206 - Enforcement.

Violations of this Chapter shall be enforced pursuant to Chapter 2 of Division 19 of the City of Mountain House Development Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 13. - MITIGATION MONITORING AND REPORTING

The intent of this Chapter is to provide a process to assure adequate monitoring and reporting of all measures required to mitigate potential impacts from discretionary projects, as required by Section 21081.6 of the California Public Resources Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Review Authority shall adopt a Monitoring and Reporting Plan for discretionary projects that are approved subject to conditions or changes which are deemed necessary by the Review Authority to reduce potentially significant environmental impacts below a level of significance. The Plan shall be adopted prior to project approval and, at a minimum, shall include the following elements:

(a)

A description of the proposed project.

(b)

A listing of each mitigation measure required by the Review Authority to reduce potentially significant environmental impacts below a level of significance.

(c)

The method of monitoring and reporting on the required mitigation measures include:

(1)

The department, division, agency, firm, or individuals responsible for conducting or overseeing the monitoring and reporting function;

(2)

An identification of the date or other appropriate time period for implementing each mitigation measure;

(3)

An identification of the frequency of inspections and the duration of the required monitoring and reporting;

(4)

A detailed work program and task assignment worksheet for monitoring and reporting, when deemed appropriate by the Review Authority.

(d)

An identification of the anticipated cost to be paid by the applicant and the timing and method of payments.

(Ord. 2024-18, § 1(Exh. A), 2024)

The Director shall be responsible for assuring the preparation and implementation of the Monitoring and Reporting Plan.

(a)

The Director may request, and shall receive, assistance from other County departments in implementing the Monitoring and Reporting Plan.

(b)

The Director may delegate specific responsibilities for monitoring or reporting to project applicants or qualified consultants.

(Ord. 2024-18, § 1(Exh. A), 2024)

Progress reports summarizing the progress made toward achieving required mitigation measures shall be made at intervals prescribed by the Director.

(a)

All progress reports shall be made available for public inspection.

(b)

A copy of each progress report shall be mailed by the Director to the project applicant or the project applicant's designated representative or his successors within five (5) working days after receipt of such report.

(Ord. 2024-18, § 1(Exh. A), 2024)

A fee, as specified by resolution of the City Council, shall be paid by the project applicant to cover the City's cost of preparing, administering and implementing the Monitoring and Report Plan, with the following modifications:

(a)

Unless otherwise required by the Director, the fee shall be paid prior to the acceptance of any plans for review by the Building Official.

(b)

For projects which require monitoring longer than twelve (12) months, such as projects approved with a development agreement, the applicant will be required to demonstrate that long-term funding of the Monitoring and Reporting Plan will be assured.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Monitoring and Reporting Plan may be amended in whole or in part, subject to the following provisions:

(a)

For major changes, as determined by the Director, the Monitoring and Reporting Plan shall be amended by the Review Authority which adopted the Plan, subject to the same review procedure as that required for the discretionary application to which the Plan originally applied.

(b)

For minor changes, the Monitoring and Reporting Plan shall be amended as specified by the Director.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the enforcement mechanisms specified in Chapter 7 of Division 2, Chapter 3 of Division 13, and Chapter 2 of Division 19, violation of an approved Monitoring and Reporting Plan may result in one (1) or more of the following actions:

(a)

Forfeiture of any bond trust account, or other financial assurance;

(b)

Action to recover funds assured under a letter of credit; or

(c)

A lien against the real property subject to the violation in the amount necessary to correct the violation.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 14. - ADULT ENTERTAINMENT

The intent of this chapter is to provide reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this chapter shall apply to the Adult Entertainment use type, as described in Section 9-14-315.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following shall be the standards and guidelines for the review and approval of Adult Entertainment businesses:

(a)

Application Type. A major improvement plan shall be submitted containing information as required by the Director of the Community Development Department. The application shall include a vicinity map showing specific land uses within one thousand (1,000) feet of the proposed site.

(b)

Location Requirements. Adult businesses shall not be located within five hundred (500) feet of the following whether or not located within the City:

(1)

Property zoned for residential use, or shown as a Residential designation on the General Plan map;

(2)

Family Residential;

(3)

Mobile Home Park;

(4)

Religious Assembly;

(5)

Educational Services—General (including public schools);

(6)

A park; or

(7)

Liquor Sales On-Premises General; Liquor Sales On-Premises Limited; and Liquor Sales Off-Premises.

The five hundred (500) foot setback shall be measured from property line to property line, except for nonconforming Family Residential uses, which shall be measured from building to building.

(c)

Concentration Requirement. Adult business shall not be located within one thousand (1,000) feet of any other legally established Adult Entertainment business.

(d)

Temporary Structures. No Adult Entertainment business shall be located in any temporary or portable structure.

(e)

Outdoor Lighting. The entire exterior ground, including the parking lot and landscaped areas shall be lighted in such a manner that all areas are clearly illuminated at all times.

(f)

Signs. Signs shall conform to the requirements of Chapter 9-1710, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations.

(g)

Special Events. No special event, promotion, festivity, concert, or similar activity which will create demand for parking spaces beyond the number of spaces required for the business is allowed.

(h)

Hours of Operation. The business shall be open to the public only from 6:00 a.m. to 2:00 a.m.

(i)

Noise. No loudspeakers or sound equipment shall be used for the amplification of sound to a level audible beyond t the building in which the business is located.

(j)

Maintenance. All exterior areas, including buildings, landscaping, and parking areas shall be kept free of trash and debris and maintained in a clean and orderly manner.

(k)

Business License. Each Adult Entertainment business shall comply with all applicable laws and regulations, including obtaining a County business license.

(l)

Activities. Entrance doors and windows shall be arranged and screened so that activities conducted within the building are not visible outside of the building.

(m)

Employees. Employees are not allowed outside, except for security personnel and employees using any provided outside smoking and break area which shall be screened from the public.

(n)

Lap Dance. Lap Dance means for any person whether clothed, partially nude or nude, in exchange for any compensation or gratuity to cause any part of his or her body, directly or through a medium, to touch, rub, caress, or fondle the genital or pubic region of any member of the public or allow, suffer or tolerate himself or herself to be caressed or fondled by any person.

Lap Dances are not allowed in any establishment that does not have a permit issued pursuant to Section 9- 10-1401.

(Ord. 2024-18, § 1(Exh. A), 2024)