Mountain House Municipal Code Ch. 10 Use Permits

It is the intent of this Chapter to provide a method of 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 potential adverse effects of the use.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Use Permits may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A request for a Use Permit 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)

Use Permit Applications shall be reviewed by the Planning Commission using the Public Hearing Review Procedure in Chapter 5 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Use Permits approved under the provisions of this Chapter may be subject to any reasonable conditions necessary to meet the intent of this Chapter or make necessary findings. Unless otherwise specified, no use shall be established until all conditions have been complied with.

(Ord. 2024-18, § 1(Exh. A), 2024)

Existing uses subject to a Use Permit may be expanded pursuant to this Section.

(a) Required Conditions. In those instances involving uses that require a Use Permit and a Use Permit has been approved, the Director of Community Development may approve plans for the expansion of the existing use when the expansion complies with all of the following conditions:

(1) The building or use expansion is incidental to the 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 (25) percent increase in floor area covered by existing structures associated with the use;

(4) No use expansion involves more than a ten (10) percent 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 Use Permit shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a Use Permit, 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;

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

(g) 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; and

(h) Compatibility. The use is compatible with adjoining land use.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approval of a Use Permit for specific uses, the Review Authority shall make the following findings for that use:

(a) Recreational Vehicle Parks. The property is in a location which will either:

(1) Serve users of existing freeways, or

(2) Serve the users of an existing or proposed recreational area.

(Ord. 2024-18, § 1(Exh. A), 2024)