Chapter 2 — ADOPTION OF DEVELOPMENT AGREEMENTS

The intent of this Chapter is to specify the contents of a Development Agreement and the process for its adoption.

(Ord. 2024-18, § 1(Exh. A), 2024)

The County may enter into a Development Agreement, pursuant to the California Government Code, with any person having a legal or equitable interest in real property located within the City.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Development Agreement shall specify the following:

(a)

The duration of the agreement;

(b)

The permitted uses of the property;

(c)

The density or intensity of use;

(d)

The maximum height and size of buildings;

(e)

Provisions for reservation or dedication of land for public purposes; and

(f)

The property that is subject to the agreement.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-13-204 - Optional Contents.

A Development Agreement may contain the following:

(a)

Conditions, terms, restrictions, and requirements for subsequent discretionary actions, provided that such conditions, terms, restrictions, or requirements shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement;

(b)

A date upon which construction must commence and a date when the project or any phase of the project must be complete;

(c)

Terms and conditions relating to the applicant financing necessary public facilities with or without subsequent reimbursement over time;

(d)

Restrictions on the assignability of the agreement by the applicant and, if assignable, provisions ensuring that the successor in interest assumes the obligations under the agreement;

(e)

Provisions for minor modification of the Development Agreement; and

(f)

Other terms and conditions related to the proposed project which are mutually agreeable to the parties.

(Ord. 2024-18, § 1(Exh. A), 2024)

The review procedure for a Development Agreement shall be the Public Hearing Review Procedure as set forth in Chapter 5 of Division 2, with the following modifications:

(a)

Planning Commission Review. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval or denial of the Development Agreement to the City Council.

(b)

Decision by City Council. Final action on the Development Agreement shall be taken by the City Council at a Public Hearing.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving a Development Agreement, the Review Authority shall find that all of the following are true:

(a)

Consistency. The provisions of the Development Agreement are consistent with the General Plan and any applicable Master Plan, Public Financing Plan, Specific Plan, and Special Purpose Plan for the area; and

(b)

Development Title. The proposed development complies with all provisions of this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

No later than ten (10) days after the final approval of a Development Agreement, the City Clerk shall record with the County Recorder a copy of the agreement, which shall describe the land subject thereto.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 3. - IMPLEMENTATION OF DEVELOPMENT AGREEMENTS

The intent of this Chapter is to describe the legal effect of a Development Agreement and to prescribe how the agreement is monitored, modified, and canceled.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless amended or canceled pursuant to Section 9-13-305 and except as provided in Section 9-13-306, a Development Agreement shall be enforceable by any party thereto notwithstanding any change in any applicable General Plan, Specific Plan, Special Purpose Plan, zoning, subdivision, or building regulation adopted by the City which alters or amends the rules, regulations, or policies specified in Section 9-13-303.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Laws in Effect. Unless otherwise provided by the Development Agreement, rules, regulations, and official policies governing permitted uses of the land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to a Development Agreement, shall be those rules, regulations, and official policies in force at the time of execution of the agreement.

(b)

Subsequent Actions. A Development Agreement shall not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with

those rules, regulations, and policies applicable to the property as set forth herein, nor shall a Development Agreement prevent the City from denying or conditionally approving any subsequent development project application on the basis of such new rules, regulations, and policies.

(c)

Emergency Situations. The County may suspend the issuance of building permits for the development project after a noticed hearing if it finds in good faith that a clear and present emergency situation requires the suspension.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-13-304 - Periodic Review.

(a)

Frequency of Review. The Director of the Community Development Department shall cause the Development Agreement to be reviewed annually on the anniversary date of its adoption. A more frequent review may be undertaken at the direction of the Planning Commission or City Council.

(b)

Good Faith Compliance. The applicant or successor in interest shall be required to demonstrate good faith compliance with the terms of the agreement as part of the review.

(c)

Termination or Modification. If the City finds and determines, on the basis of substantial evidence, that the applicant or successor in interest thereto has not complied in good faith with the terms or conditions of the agreement, the City may terminate or modify the agreement.

(1)

Action to terminate or modify the agreement may be initiated only by the Planning Commission or the City Council; and

(2)

No action to terminate or modify the agreement shall be taken without the Public Hearing Review Procedure in Chapter 5 of Division 2.

(d)

Payment of Periodic Review. The cost of the annual review of the Development Agreement shall be paid for by the party (or the party's successor in interest) who entered into the Development Agreement with the City. The payment shall cover the actual cost to the City of conducting said annual review, including employee salaries and benefits, overhead, and materials.

(Ord. 2024-18, § 1(Exh. A), 2024)

A Development Agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. An agreement shall be amended or canceled using the same process as was used for its adoption.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Modification or Suspension. In the event that state or federal laws or regulations, enacted after a Development Agreement has been entered into, prevent or preclude compliance with one (1) or more of the provisions of the Development Agreement, such provisions of the agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(b)

City Action. Any action pursuant to this Section shall be taken by the City Council at a Public Hearing, in accordance with the Public Hearing Review Procedure in Chapter 5 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 14. - GRADING AND EXCAVATION PROVISIONS

CHAPTER 1. - GRADING AND EXCAVATION PROVISIONS: INTENT AND ORGANIZATION

Division 14 constitutes the Grading and Excavation Provisions. The intent of this Division is to provide standards for grading and excavations on private property for agricultural leveling, quarry mining, and grading related to development within the City.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - GRADING AND EXCAVATION REQUIREMENTS

The intent of this Chapter is to regulate grading and excavations related to development projects.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except for the specific exemptions listed hereinafter, no person shall do, or permit to be done, any grading or excavation without a valid grading permit obtained from the Building Inspection Division.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-14-203 - Exemptions.

The following grading may be done without obtaining a grading permit as required by this Title. Exemption from the requirement of a grading permit shall not be deemed to be permission to violate any provision of this Title.

(a)

Minor projects which have cuts or fills, and which meet all of the following:

(1)

Involve the removal, plowing under, or burial of less than ten thousand (10,000) square feet of vegetation on slopes eight percent (8%) or greater, or any amount of vegetation on slopes less than eight percent (8%);

(2)

Do not create unstable or erodible slopes;

(3)

Do not encroach onto sewage disposal systems or areas;

(4)

The cut is either:

(A)

Less than two (2) feet in depth, or

(B)

The cut does not create a slope greater than five (5) feet in height and steeper than one and one-half (1½) horizontal to one (1) vertical.

(5)

The fill is either:

(A)

Less than one (1) foot in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical, or

(B)

Less than three (3) feet in depth, not intended to support structures, which does not exceed fifty (50) cubic yards on any one (1) lot and does not obstruct a drainage course.

(b)

Excavations in connection with a swimming pool or structural foundation authorized by a valid building permit.

(c)

Trenching and grading incidental to the construction or installation of permitted underground pipe lines, underground storage tanks, septic tank disposal fields, conduits, electrical or communication facilities, and drilling or excavation for permitted wells or post holes.

(d)

Excavations less than one hundred fifty (150) cubic yards for soil or geological investigations by a Geotechnical Engineer or Engineering Geologist.

(e)

Grading in accordance with the plan incorporated in an approved Agricultural Excavation Permit per Section 9-8-1801, or an approved Use Permit for a sanitary landfill per Section 9-8-1001, Use Permits.

(f)

Excavations for drainage or sedimentation ponds that are included as portions of other ministerial or discretionary development projects under the provisions of this Title.

(g)

Grading or excavations within County rights-of-way or easements for which an encroachment permit has been issued under provisions of Section 9-11-402.

(h)

Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition. Routine cemetery excavations and fills.

(i)

Performance of emergency work necessary to protect life or property when an urgent necessity arises. The person performing such emergency work shall notify the Building Official promptly of the problem and work required and shall apply for a permit within ten (10) calendar days after commencing said work.

(j)

Other exceptions as provided in appendix Chapter 70 of the Uniform Building Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as modified by this Chapter, Chapter 70 of the Uniform Building Code as adopted by reference by the City Council shall govern grading and excavation operations with the following exceptions:

(a)

Sites developed adjacent to undeveloped property shall establish perimeter grades no lower than the adjacent land, and no more than one (1) foot higher, unless accommodated within a landscaped area. Slopes within these areas shall not exceed three to one (3:1) horizontal to vertical.

(b)

Perimeter grades adjacent to developed properties shall match the adjacent grade, plus or minus one-half (½) foot, unless occurring within a landscaped area.

(c)

Residential lots shall be graded so that the finished floor elevation is at least twelve (12) inches above the street curb.

(d)

Grading associated with arterial streets shall comply with the following standards:

(1)

Curb grades shall be established six (6) to twelve (12) inches below the finished grade at the right-of-way line;

(2)

Roadway median strips shall be graded with a crown height six (6) to twelve (12) inches above the curb, for a typical fourteen (14) foot wide median.

(Ord. 2024-18, § 1(Exh. A), 2024)

Except as specifically provided for by one of the following, no person shall do, or permit to be done, any grading in such a manner that any quantities of dirt, soil, rock, gravel, or sand is removed from the site:

(a)

Removal when done with an approved surface mining Quarry Excavation Permit per Section 9-854, Quarry Excavation Permits.

(b)

Removal when done with an approved Agricultural Excavation Permit per Section 9-851, Agricultural Permits.

(c)

Removal when done with an approved Use Permit for a sanitary landfill per Section 9-821, Use Permits.

(d)

Removal of material related to situations listed under Section 9-14-203, Exemptions.

(e)

Removal from a development project of incidental excess material during site grading that is done with an approved grading or building permit.

(f)

Removal, by governmental agency, of material donated to the governmental agency for use in governmental projects; material must have been previously stockpiled for a minimum period of eighteen (18) months. Removal shall be subject to Site Approval.

(g)

Grading done by or under the supervision or construction control of a public agency of an excavation within that agency's boundaries. The agency shall assume full responsibility for ensuring that the work is done in compliance with this Title, the San Joaquin Valley Unified Air Pollution Control District's Regulation VIII (Fugitive Dust Prohibitions), and the Surface Mining and Reclamation Act. Excess soil material must be used solely for projects owned or controlled by the public agency and which are within the agency's boundary and within the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-14-206 - Water Obstruction.

No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of stormwaters, whether such waters are unconfined upon the surface of the land or confined within land depressions or natural drainage ways, unimproved channels or watercourses, or improved ditches, channels, or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition, or cause accelerated erosion except where said grading is in accordance with all applicable laws, including, but not limited to, these permit requirements.

(Ord. 2024-18, § 1(Exh. A), 2024)

No person shall excavate or remove any material from or otherwise alter any levee required for any waterway, water body, or local drainage control without prior approval of the agency responsible for the maintenance of the levee.

(Ord. 2024-18, § 1(Exh. A), 2024)

This Chapter shall be administered by the Director. In subdivisions, the grading plans shall be approved by the Department of Public Works. The rough and finish grading of the lots will be inspected by the

Department of Public Works. For development projects that require a discretionary permit, the grading permit will not be issued until the discretionary permit is approved.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following grading requirements shall be applicable to grading operations along the watercourses and watercourse types identified below:

(a)

Old River.

(1)

Prior to any grading operations adjacent to Old River, all habitats to be either preserved or salvaged shall be delineated by an ecologist and staked with easily observable flagging.

(2)

Grading operations shall be conducted so that soil does not spill into Old River.

(b)

Marshes and Wetlands.

(1)

Grading operations shall be conducted so that soil does not spill into existing marshes, fill existing wetlands, restrict flooding of the habitat or reduce water quality.

(2)

During grading, a berm may be left between the existing marsh and the construction area. Said berm shall be removed in the last stages of construction. Alternatively, the overburden may be removed from the wetland edge backwards towards the uplands to create the marsh.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 3. - AGRICULTURAL EXCAVATION STANDARDS

The intent of this Chapter is to provide standards for removing excess material from agricultural property for agricultural purposes.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-14-302 - Applicability.

The provisions of this Chapter shall apply only if the amount of material being removed is limited to that which is required to increase the agricultural viability of the property.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following development standards shall apply to any agricultural excavation permit approved under the provisions of this Title:

(a)

Private Roads. All private roads involved in an excavation shall be maintained so as to control the creation of dust;

(b)

Final Grade. The final grade shall:

(1)

Not result in disruption of the flow of drainage water from the property or adjoining properties;

(2)

Not adversely affect the irrigability of the property or surrounding properties. If the property is within an irrigation district, the final grade shall be limited to that elevation which is necessary to provide gravity irrigation to the property. This determination may be made by the irrigation district;

(3)

Not adversely affect the relation of the water table to the surface of the land;

(4)

Have an average elevation no less than the average elevation of the natural grade of the surrounding land. The average elevation of the natural or existing grade shall be the average elevation of all land one hundred (100) feet from the perimeter of the proposed excavation, excluding any portion of the perimeter adjacent to a river, riverbank, levee, public road, railroad, canal, pipeline, or other similar uses or rights-of-way.

(c)

Waterways. A berm or other improvements may be required adjacent to any waterway, including underground facilities, which adjoins the excavation. The heights, setback, and slope of the berm shall be based on recommendation of the agency responsible for the maintenance of the waterway or the Department of Public Works;

(d)

Hours of Operation. Excavation operations shall not be carried on during the hours from 9:00 p.m. through 5:00 a.m., except during periods of declared national, state, or local emergency. Said hours shall be based

on either Pacific Standard Time or Pacific Daylight Saving Time, whichever is legally in effect. The hours of operation may be modified by the Review Authority based upon the excavation's potential effect on surrounding land uses;

(e)

Lighting. Any night lighting established on the property shall be arranged and controlled so as not to illuminate public rights-of-way or adjacent properties;

(f)

Emissions. All emissions shall be subject to the rules and regulations of the City of Mountain House Air Pollution Control District;

(g)

Replacement of Topsoil. During the excavation, the topsoil shall be set aside. Upon completion of an excavation, the topsoil shall be replaced and the site leveled in conformance with the approved Grading Plan, approved by the Review Authority. Replacement of topsoil may be waived by the Review Authority if the soils report indicates the replacement of the topsoil will not enhance the agricultural suitability of the property;

(h)

Weed Control. If noxious weeds are on the site, operations shall be in accordance with instructions from the Agricultural Commissioner of San Joaquin County;

(i)

Health Considerations. Excavations shall not cause health or sanitary hazards and shall not create conditions which will cause the breeding or increase of mosquitos, rodents, or other pests;

(j)

Commencement of Work. A written notification of work schedules shall be provided to the City by the applicant prior to initiating any grading or excavation;

(k)

Certification of Compliance. At the completion of the grading, the applicant shall have a registered civil engineer or licensed land surveyor compare the excavation's final elevations with the approved permit. The engineer or surveyor shall submit a certified, written finding to the Building Official which states and documents the compliance or noncompliance of the excavation with the approved permit. If the project conforms with the approved permit, the Review Authority shall accept the certification and either notify the applicant that the stockpiled material may be removed or release the required performance guarantee, as specified in Subsection (p);

(l)

Time Limitation. The time limit shall be based upon the characteristics of the proposal, including, but not limited to, the quantity of material to be removed and the applicant's time schedule and phasing plan. Specific time limitation may be required for individual phases of the excavation;

(m)

Erosion Control. Protective vegetative planting, silt screen dams, or other approved methods shall be required where necessary for the control of erosion. An erosion and sediment control plan approved by Development Services Division shall be part of the reclamation plan;

(n)

Excavation/Reclamation Schedule. The reclamation plan (as required in Section 9-851.3) shall show the phases of excavation. Reclamation on one (1) phase of an excavation shall be initiated prior to the start of the next excavation phase. The final reclamation of any phase of excavation shall be completed within two (2) years of the commencement of the reclamation process. Excavation shall be limited so that at any point of time a maximum of one (1) phase is being reclaimed while one (1) phase is being excavated;

(o)

Annual Inspection Reports. The applicant shall pay a fee to the City to cover the cost of annual inspections of the excavation to ensure compliance with the conditions of the permit and the reclamation plan. The County may use professional services as provided for in Section 9-240.11. The consultant shall be selected by the City of Mountain House. Upon completion of the annual inspection, the person in charge of the mining operation shall submit to the State Geologist and the City a report which shall contain all the information as required by Section 2207 of the Public Resources Code. Additional inspections may be conducted, but the cost of additional inspections shall be paid for by the applicant only if noncompliance with the conditions of the Agricultural Excavation Permit or the reclamation plan is found;

(p)

Performance Guarantee. In order to ensure reclamation of the site, compliance with conditions of approval, and compliance with County and State mining regulations, the applicant shall provide performance guarantees as a condition of the issuance of the Agricultural Excavation Permit. The amount and form of the guarantee shall be subject to annual review and approval by the City and the State, and the amount shall be adequate to ensure reclamation of disturbed land and/or land to be disturbed during a given phase. The annual review of the financial guarantee shall be coordinated with the annual inspection and approval of successive reclamation security so that the guarantee includes the amount of disturbed land plus the amount of land estimated to be disturbed during the next twelve (12) months, less the amount of land previously determined by Development Services Division annual inspection to have been reclaimed. The performance guarantee shall be in the form of either: 1) a surety bond, 2) a trust fund with the lead agency, or 3) an irrevocable letter of credit. Any interest accrued in a trust fund shall stay with the trust fund account. The financial guarantee shall be payable to "City of Mountain House or the Department of Conservation" under the applicable provisions of the City and the State mining regulations. The financial guarantee shall be callable by the City or the State under the following circumstances:

(1)

The applicant causes the excavation to become idle (as defined in Section 9-1-304) without an approved interim management plan;

(2)

The applicant files for bankruptcy;

(3)

The County or State determines on the basis of annual inspections and reports that the applicant has not maintained substantial compliance with the approved permit;

(4)

There arises an occurrence or circumstance which, in the opinion of the City or State, jeopardizes the site reclamation; or

(5)

The State makes one (1) or more of the findings specified in Section 2774.4(a) of the State Public Resources Code.

In any instance that the City or State makes the demand for partial or full tender of the financial guarantee of performance, the City and/or State may use all or any portion of the financial guarantee to reclaim the site and to recover its administrative costs associated therewith.

(q)

Enforcement. Except as otherwise provided in State Mining Regulations, the City shall have authority to enforce of the Surface Mining and Reclamation Act. The County may exercise all enforcement regulations available under the Development Title and the State Public Resources Code. Such enforcement measures include charging the applicant of administering an enforcement action. The basis for charging fees for an enforcement action shall be a time and m compensation;

(r)

Quantity Limitation. Excavation of more than one hundred thousand (100,000) yards of material shall require a Quarry Excavation Permit. Successive agricultural excavations on the same parcel exceeding a total of one hundred thousand (100,000) yards of material over a period of less than twenty (20) years shall not be permitted. Excavations prior to January 25, 2005 shall not be included in the calculation of the amount of material excavated.

(Ord. 2024-18, § 1(Exh. A), 2024)

Approved Agricultural Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant thereto (Title 14, 3500 et seq.).

(Ord. 2024-18, § 1(Exh. A), 2024)