Chapter 6 — UNDERGROUND UTILITIES

9-11-601 - Intent.

The intent of this Chapter is to specify the requirements for underground utilities.

(Ord. 2024-18, § 1(Exh. A), 2024)

Utility distribution facilities shall comply with the following requirements:

(a)

Underground Distribution and Transmission. All utility distribution and transmission facilities supplying electric, communication, or similar service within, or passing through, any development project shall be placed underground. The word "facilities" as used herein shall not include standards used for street lighting, traffic signals, pedestals for police and fire system communications and alarms, pad-mounted transformers, pedestals, pedestal-mounted terminal boxes and meter cabinets, concealed ducts, substations, and facilities used to carry voltage higher than thirty-five thousand (35,000) volts.

(b)

Location for Underground Facilities. Underground distribution facilities for public utilities shall be located in a public right-of-way or public utility easement. No public utility distribution facilities shall be located outside a public right-of-way or public utility easement except in providing service to the parcel on which they are located.

(c)

Rural Residential Subdivision. In rural residential subdivisions, the Review Authority may waive the requirement for underground facilities if it finds that such undergrounding is economically infeasible, incompatible with the surrounding area, or impossible because of soil or topography.

(d)

Location of Overhead Utilities. Overhead utility lines, when permitted by the Review Authority, shall be located in a utility easement at the rear of lots or parcels and along the side of lots or parcels when necessary. The precise location approved by the Department of Public Works. Poles supporting such overhead lines shall not be installed within any alley, way, drainage easement, or flood control channel.

(e)

Timing of Installation. Any underground utility improvements, installed or to be installed in a subdivision by the subdivider, which cross underneath the right-of-way of any street, alley, or way shall be installed prior to the improvement of any such street, alley, or way in the subdivision.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 7. - SOLID WASTE RECYCLING

9-11-701 - Intent.

The intent of this Chapter is to specify the minimum regulations for enclosures for the collection and loading of recyclable materials for new buildings and for expansion of existing buildings in the City of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-702 - Applicability.

This Chapter shall apply to the following:

(a)

Any construction for which a building permit is required for a commercial, industrial, institutional, or public building, where solid waste is collected for transport.

(b)

Any construction for which a building permit is required for a residential building with five (5) or more living units, where solid waste is collected for transport.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-11-703 - Exceptions.

Construction on an existing building that does not increase the square footage of the floor space of the building by more than thirty (30) percent is exempt from the requirements of this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following requirements shall apply to the collection and recycling of solid waste materials:

(a)

All applicable construction projects shall have recycling container enclosures which are of sufficient number and aggregate volume to equal one-half (½) the number and aggregate volume of the enclosures used for containers to collect and load solid waste at the site. At least one recycling container enclosure shall be provided for any such construction project.

(b)

Recycling container enclosures shall be located near the solid waste collection enclosures to facilitate both the collection and loading for transport of recycled materials.

(c)

The recycling container enclosure shall include gates that can be locked to prevent theft of the recyclable materials. For buildings where the recycling container enclosures provide the only tenant access to recycling containers, the recycling container enclosures shall be designed to prevent theft of recyclable materials, but not prevent tenants from depositing recyclable materials.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 12. - INFRASTRUCTURE AND SERVICES FINANCING CHAPTER 1. - LOCAL PARK AND RECREATION FACILITIES FINANCING

This chapter is enacted pursuant to the authority granted by Section 66477 of the Government Code of the State of California. The local park and recreation facilities for which dedication of land and/or payment of a fee is required by this chapter are in accordance with the recreation portion of the City of Mountain House General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

As a condition of approval of a tentative map, the subdivider must dedicate land, pay a fee in lieu thereof, or a combination, at the option of the City, for park and recreational purposes according to the standards and formulas contained in this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)

In consideration of the public interest, convenience, health, welfare, and safety, the City standard for local park and recreational purposes shall be three (3) acres of property for each one thousand (1,000) persons, in accordance with the recreation portion of the City of Mountain House General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

The minimum amount of land to be dedicated shall be determined using the general standard in the following formula:

U × P × S = Minimum acreage dedication.

where:

U = Number of potential dwelling units within the subdivision.

P = Average number of persons in the dwelling unit type (e.g., single-family, mobile home, multi-family units) based on the latest U.S. Census.

S = Parkland standard of three acres per 1,000 people (3/1,000).

For the purposes of this Section, the number of potential new dwelling units shall be based upon the number of parcels indicated on the tentative map that are in an area zoned for one dwelling unit per parcel. When all or part of the subdivision is located in an area zoned for more than one (1) dwelling unit per parcel, the number of potential new dwelling units in the area so zoned shall equal the maximum allowed under

that zone. In the case of a condominium project, the number of potential new dwelling units shall be the number of condominium units. The term "potential new dwelling unit" does not include dwelling units lawfully in place prior to the date on which the parcel or final map is filed.

Population per dwelling unit shall be the average household size for the proposed type of development as indicated in the latest census.

The subdivider may be required to:

(a)

Provide full street improvements and utility connections to dedicated land which is dedicated pursuant to this section;

(b)

Provide for fencing along the property line of that portion of the subdivision contiguous to the dedicated land; and

(c)

Provide other minimal improvements which the City Council determines to be essential to the acceptance o for recreational purposes.

The value of the above improvements shall be a credit against the dedication of land or the payment of fees required by this Chapter.

The land to be dedicated, pursuant to this Chapter, shall be approved by City Manager.

(Ord. 2024-18, § 1(Exh. A), 2024)

When a fee is to be paid in lieu of land dedication, the amount of such fee shall be based upon the following formula:

S × AC = Park fee per unit.

where:

P = Population per dwelling unit.

S = Parkland standard of three acres per 1,000 persons (3/1,000); AC = Acquisition Costs as determined by Section 9-1230.6.

Fees to be collected pursuant to this section shall be approved by the City Manager.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-12-106 - Determination of Acquisition Costs.

(a)

Acquisition Costs shall be determined by the City as provided in this section.

(b)

Acquisition costs shall be set by a written appraisal report prepared and signed by an appraiser designated by the City, which evaluates the probable per acre Acquisition Cost of park land taking into consideration the Acquisition Costs of real property which has an approved tentative map, which is within urban centers or communities, and which is within the Planning Area.

(c)

Appraisals for Acquisition Costs shall be updated based upon cut-off dates for valuation of January 1 of each year. The Acquisition Costs which shall be applied to a particular subdivision shall be that based upon the appraisal report of the latest update immediately preceding the date of application is considered complete by the Community Development Department.

(d)

The Acquisition Costs for purposes of computation in Section 9-12-105, will consist of the estimated per acre value set out in the appraisal report.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-12-107 - Disposition of Land and Fees.

(a)

Agency Receiving Land or Fees. Land or fees required by this Chapter shall be conveyed or paid directly to the public agency that provides or will provide park and recreational services to the community in which the subdivision is located.

(b)

Appropriation of Fees. Collected fees shall be appropriated for a specific project in a budgetary year within five (5) years after payment or within five (5) years after the issuance of building permits on one-half (½) of the lots created by the subdivision, whichever occurs later.

(c)

Uncommitted Fees. Fees not committed, as provided for by this Section, shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-12-108 - Choice and Method of Dedication of Land and/or Payment of Fees.

(a)

Determination of Land and/or Fees. When a tentative map is approved, the Review Authority shall determine whether to require dedication of land, the payment of a fee in lieu thereof, or a combination.

(b)

Basis for Determination. The above determination shall be consistent with the standards in this Chapter and shall be made upon consideration of the following factors:

(1)

The City of Mountain House General Plan;

(2)

The natural features, access, and location of the land available for dedication;

(3)

The size and shape of the subdivision and land available for dedication;

(4)

The location of existing or proposed recreation sites; and

(5)

For a subdivision of less than fifty (50) parcels, only the payment of fees is required except as otherwise provided by the State Subdivision Map Act for projects exceeding fifty (50) dwelling units. Subdivisions containing less than five (5) parcels and not used for residential purposes are exempt from the fees of this Chapter unless a building permit is requested for construction of a residential structure(s) on one or more of the parcels within four (4) years, in which case the owner of the parcel shall pay the fee required of this Chapter as a condition to issuance of a building permit for such parcel.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-12-109 - Time of Dedication or Payment of Fees.

(a)

Dedication of Land. Where the dedication of land is required, the transfer of land, or provisions thereof, shall be accomplished at the time of recording of the final map or parcel map.

(b)

Payment of Fee in-Lieu. Where the payment of a fee is required in lieu of land dedication, the fee shall be paid at the time of recording of the final map or parcel map, provided that:

(1)

The fees will be used to reimburse the public agency for expenditures previously made that will serve the subdivision; or

(2)

The fees will be collected for public improvements or facilities for which an account has been established.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Amount of Credit. The land or fees required under Section 9-12-104 and Section 9-12-105 may be reduced, at the discretion of the Review Authority, by an amount equivalent to fifty percent (50%) of the area of land in the subdivision which is to be used for private park and recreation facilities.

(b)

Standards for Grant of Credit. To grant up to fifty percent (50%) credit for private open space, the Review Authority shall determine that it is in the public interest to do so and that all of the following standards are met:

(1)

The project shall be processed as a Planned Development;

(2)

Yards, court areas, setbacks, and other open areas required to be maintained by the zoning and building ordinances and regulations shall not be included in the computation of such private open space;

(3)

The private park and recreation facilities shall be owned by a homeowner's association. If the homeowner's association is dissolved or no longer maintains the facilities, the City shall access the then property owner's records for fees in the amount that would be established at the time under the provisions of this Chapter. The County may accept land of equivalent value;

(4)

The use of the private open space shall be restricted for park and recreational purposes by recorded covenant which runs with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the City;

(5)

The proposed private open space shall be reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, and location; and

(6)

Facilities proposed for the open space shall be in substantial accordance with the provisions of the recreation portion of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Division shall not apply to:

(a)

Agricultural, commercial, and industrial subdivisions; and

(b)

Condominium projects which consist of the subdivision of airspace in an existing apartment building which is more than five (5) years old, when no new dwelling units are added.

(Ord. 2024-18, § 1(Exh. A), 2024)

Nothing contained within this Chapter shall be construed to prohibit the entering into of a development agreement as authorized by the Government Code and this ordinance Code which addresses the issue of acquisition or dedication of park land provided, however, the dedication and acquisition as set out in this Title shall be considered the minimum standard and no development agreement shall provide for less than the standards and the amounts provided for in this Chapter.

(Ord. 2024-18, § 1(Exh. A), 2024)