Mountain House Municipal Code § 9-8-901 Intent

It is the intent of this Chapter to provide a method for reviewing proposed uses which possess characteristics that require special appraisal in order to determine if the uses have the potential to adversely affect other land uses, transportation, or facilities in the vicinity. The Review Authority may require conditions of approval necessary to eliminate, or minimize to an acceptable level, any potentially adverse effects of a use.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a) Applications for Site Approvals may be initiated by the property owner or the property owner's authorized agent.

(b) Applications shall be filed with the Community Development Department. A request for Site Approval shall include a site plan which clearly delineates the location and characteristics of the proposed use. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Site Approvals shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter Chapter 4 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Site Approvals approved under the provisions of this Chapter shall be subject to those conditions which ensure that the proposed use meets the requirements of the City and any additional conditions necessary to make the findings for approval. Unless otherwise specified, the use cannot be established until all conditions have been complied with.

(Ord. 2024-18, § 1(Exh. A), 2024)

Existing uses subject to Site Approvals may be expanded pursuant to this Section.

(a) Required Conditions. In those instances involving uses that require and have Site Approval, the Director of Community Development may approve plans for the expansion or adjustment of an existing development when the expansion complies with all of the following conditions:

(1) The building or use expansion is incidental to an existing use;

(2) The building or use expansion does not result in a change of use;

(3) No building expansion involves more than a twenty-five percent (25%) increase in floor area covered by existing structures associated with the use;

(4) No use expansion involves more than a ten percent (10%) increase in the overall site area covered by the existing use;

(5) The building or use expansion, in the opinion of the Director of Community Development, would not have a substantial, adverse effect on adjacent property; and

(6) The building or use expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director of Community Development.

(b) Conditions Not Met. If a proposed expansion does not comply with the above conditions in Subsection (a), a new Site Approval shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a Site Approval, the Review Authority shall find that all of the following are true:

(a) Consistency. The proposed use is consistent with the goals, policies, standards and maps of the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the City;

(b) Improvements. Adequate utilities, roadway improvements, sanitation, water supply, drainage and other necessary facilities have been provided, and the proposed improvements are properly related to existing and proposed roadways;

(c) Site Suitability. The site is physically suitable for the type of development and for the intensity of development;

(d) Issuance Not Detrimental. Issuance of the permit will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties;

(e) Compatibility. The use is compatible with adjoining land uses; and

(f) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)