Chapter 18.22 — FOX HILLS COMMUNITY SPECIFIC PLAN ZONES

• A. The purposes of this chapter are to:

  1. Provide a range of zones needed to regulate development located solely within the boundary of the Fox Hills Community Specific Plan area;

  2. Provide a suitable environment for single-family and multi-family residential development and allow community-oriented uses (i.e., parks, playgrounds, trails, and bike paths), and public facility uses needed to support residential and other development within the Fox Hills Community Specific Plan area;

  3. Provide for commercial, mixed-use and general commercial development with appropriate location criteria and development standards for a variety of retail sales, service establishments, and offices to promote and provide for economic development that meets the needs of Fox Hills Community residents and visitors;

  4. Promote high standards of development and site utilization for commercial developments;

  5. Ensure compatibility of residential and commercial zones with adjacent land uses;

  6. Provide for recreation and open space land uses that are permitted or allowed with an Administrative Permit or Conditional Use Permit within an A-1 (General Agricultural) zone; and

  7. Provide for the protection of resources for the management of State-and Federally-listed endangered species.

• B. The purpose of the individual zones and the way they are applied are as follows:

  1. R-1 Single-Family Residential Zone. The purpose of the R-1 Single-Family Residential Zone is to provide a full range of urban services and reserve appropriately located areas for family living at a range of low-population densities consistent with sound standards of public health, welfare, and safety. Within the Fox Hills Community Specific Plan boundary, this zone applies to single-family residential development approved before the date that the previously existing Title 18 (Zoning), was amended with this chapter.

  2. R-1-5000 Single-Family Residential Zone. The purpose of the R-1-5000 Single-Family Residential Zone is to provide a full range of urban services and reserve appropriately located areas like the R-1 zone for family living at slightly higher densities consistent with sound standards of public health, welfare, and safety. Within the Fox Hills Community Specific Plan boundary, this zone applies to single-family residential development approved prior to the date that Title 18 , Zoning, was amended with this chapter.

  3. R-1-4500 Single-Family Residential Zone. The purpose of the R-1-4500 Single-Family Residential Zone is to provide for a full range of urban services and reserve appropriately located areas similar to the R-1-5000 zone for family living at slightly higher densities than provided for in the existing R-1-5000 zone, consistent with sound standards of public health, welfare, and safety. Except for slight changes to the minimum setback and parcel dimension standards, the R-1-4500 zone includes the same standards as the R-1-5000 zone.

urban services and reserve appropriately located areas similar to the R-1-5000 zone for family living at slightly higher densities than provided for in the existing R-1-5000 zone, consistent with sound standards of public health, welfare, and safety. Except for slight changes to the minimum setback and parcel dimension standards, the R-1-4500 zone includes the same standards as the R-1-5000 zone.

4. R-1-1600 Small Parcel Residential Zone. The purpose of the R-1-1600 Small Parcel Residential Zone is to provide areas for residential neighborhoods consistent with the medium-density standards of the General Plan (typically up to 15 dwelling units per gross acre) and with a full range of urban services. This zone allows for development of smallparcel, detached single-family dwellings on parcels as small as 22 feet wide by 80 feet deep, including garage parking. This zone provides for both rental and ownership housing

opportunities which are more affordable than single-family housing on larger parcels permitted in the R-1, R-1-5000, or R-1-4500 zones.

5. R-3 Multi-Family Residential Zone. The purpose of the R-3 Multi-Family Residential Zone standards is to provide areas for residential neighborhoods consistent with high-density standards of the General Plan (typically up to 30 dwelling units per gross acre) and with a full range of urban services. This zone provides for both rental and ownership housing opportunities which are often an affordable alternative to single-family neighborhoods. These developments could consist of grouped or clustered multi-family dwellings (i.e., duplexes, triplexes, townhouses, apartments), and other types of multi-family attached dwelling units (i.e., condominiums).

   • a. Combined Medium Residential Zone. The Combined Medium Residential Zone includes two sets of development standards, one for the R-1600 zone and one for the R-3 zone. Either set of standards may be used to implement areas designated medium-density residential within the Fox Hills Community Specific Plan update boundary.

6. CMU Commercial Mixed-Use Zone. The purpose of the CMU Commercial Mixed-Use Zone is to encourage a mixture of land use types in a single area rather than isolating similar land use types in distinct residential or commercial districts. This provides diversity in land uses that complement each other to create a vibrant community and serves as social focus for community residents and visitors. The CMU zone standards facilitate development of commercial uses on the ground floor with apartments, townhomes, or condominiums located over ground floor commercial space at densities up to 15 dwelling units per gross acre. While the primary Intent of the CMU zone standards is to locate residences above ground floor retail space, two or more separate structures, each occupied by different types of permitted uses, may occupy the same site. One structure may also contain all commercial or all residential use, provided the overall intent of the mixed-use neighborhood standards are met and the commercial and residential development capacity for this land use is not exceeded. Because residential development is needed to support commercial uses, ground floor commercial space could be used for residential uses on an interim basis until demand for ground floor commercial space increases.

7. C-2 General Commercial Zone. The purpose of the C-2 General Commercial Zone is to provide areas for a wide variety of retail stores, entertainment establishments, offices, and service businesses that serve unincorporated urban communities or regional markets. This zone implements the General Commercial designation included in the Fox Hills Community Specific Plan. The intent of this zone is to accommodate the mini-storage, RV/boat storage, and golf maintenance facilities anticipated within the area designated General Commercial.

8. SPZ Special Planning Zone. This zone applies to areas within the Fox Hills Community Specific Plan boundary that are designated as kit fox corridor mitigation areas as shown on the Zoning Map which is a part of this chapter. These areas were designated in consultation with the United States Fish and Wildlife Service to mitigate for project impacts on the San Joaquin kit fox, a Federally-and State-listed endangered species. The purpose of the corridors is to provide for the safe movement of kit fox through the Fox Hills Community Specific Plan area. The corridors must be protected and maintained for this purpose. Standards for the use, protection, management, and maintenance of the kit fox corridors must be defined and approved by the United States Fish and Wildlife Service. The standards will be included in kit fox mitigation/management plans which the United States Fish and Wildlife Service must approve before County issuance of Building Permits for development within the Fox Hills Community Specific Plan update boundary. The kit fox mitigation/management plan standards will serve as the implementing regulations and standards for the SPZ.

Fish and Wildlife Service. The standards will be included in kit fox mitigation/management plans which the United States Fish and Wildlife Service must approve before County issuance of Building Permits for development within the Fox Hills Community Specific Plan update boundary. The kit fox mitigation/management plan standards will serve as the implementing regulations and standards for the SPZ.

9. A-1 Agricultural. The purpose of the A-1 Agricultural Zone is to provide for areas for more inten-sive farming operations dependent on higher-quality soils, water availability, and relatively flat topography, and agricultural commercial and/or industrial uses dependent on proximity to urban areas or location in sparsely populated low traffic areas. Within the Fox

Hills Community Specific Plan area, the A-1 zone is used to implement the recreation land use (golf) passive recreation area located west of Interstate 5 designated Open Space. This zone implements the Open Space (OS) land use designation in the General Plan. (Ord. 1976 § 2, 2019)

• A. Table 2-12 Fox Hills Community Specific Plan Zone Uses. Table 2-12 indicates the uses allowed within each zone and any permits required to establish the use, in compliance with Article 6 (Permit Processing Procedures) and Article 7 (Zoning Code Administration).

• B. Additional Regulations. Where the last column in the Table 2-12 includes a chapter or section number, the regulations in the referenced chapter or section shall apply to the use. Provisions in other sections of this Zoning Code may also apply.

• C. Zoning Clearance Required. Each land use specified in the following land use table as allowed with a "P" as a use permitted-by-right that involves/contains construction activities (e.g., additions, alterations, construction, reconstruction, or remodeling) shall require the issuance of a Zoning Clearance in compliance with Chapter 18.128 (Zoning Clearances).

• D. Definitions. See Article 8 (Definitions) for land use definitions.

• E. Uses Not Listed. Uses not listed below may be reviewed by the Director to determine if they are similar to those listed and appropriate in this zone and if so, what type of permit is required, in compliance with Section 18.04.040 (Uses Not Classified).

• F. Prohibited Uses. Drive-thru businesses are not allowed in the CMU zone.

(Ord. 1976 § 2, 2019)

• A. Table 2-13 Fox Hills Community Specific Plan Residential Zone Development Standards. The intent of the Fox Hills Residential zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the residential zones.

• B. Table 2-14 Fox Hills Community Specific Plan Commercial and Mixed-Use Zone Development Standards. The intent of the Fox Hills Commercial and Mixed-Use zone development standards table is to clearly and precisely establish the basic site and structure regulations that apply to all developments in each of the Commercial and Mixed-Use zones.

(Ord. 1976 § 2, 2019)

• A. General Applicable Fox Hills Community Specific Plan Regulations.

  1. Interim Uses. The following uses shall be an interim use only until urbanization occurs:

     • a. Accessory farm structures;

     • b. Animal keeping/raising;

     • c. Crop/orchard/vineyard; and

     • d. Greenhouses.

  2. Convenience Stores. Alcoholic beverage sales are not permitted without the approval of an Administrative Permit.

  3. Drug Stores. Alcoholic beverage sales are not permitted without the approval of an Administrative Permit.

  4. Open Space. A minimum of 200 square feet of open space is required for each dwelling unit.

  5. Single-Family Dwelling. Single-family dwellings shall be of conventional construction or manufactured off-site and placed on a permanent foundation.

  6. Vehicle Service Stations. Vehicle service stations may not exceed 2,000 square feet of gross floor area. All repair shall be conducted within an enclosed structure. An Administrative Permit is required if the minimart includes the sales of alcoholic beverages.

  7. Landscape Standards. See Chapter 18.36 (Landscaping). In addition, the following standards have been modified for the CMU zone:

     • a. Trees shall be a minimum of 24-inch box and two and one-half inch caliper size minimum and shall be installed with permanent irrigation systems or watering tubes. Surface parking lots shall be landscaped with trees located at every third parking stall minimum.

     • b. Street trees are to be planted adjacent to the curb within the sidewalk at regular intervals not to exceed 35 feet on center. Trees shall be maintained to allow formation of a natural canopy.

  8. Outdoor Dining. Outdoor dining is permitted to encroach onto sidewalks provided a minimum clear pedestrian way of six feet, not including street furniture and/or street trees, is maintained, and an Encroachment Permit is first obtained. Where sidewalk dining is provided, structures may be set back 15 feet from the back of sidewalk.

  9. Parking Requirements. See Chapter 18.38 (Off-Street Parking Regulations and Design Standards). In addition, the following standards have been modified for the CMU zone:

     • a. One vehicle space for each 1,000 commercial square feet, plus one six-foot by six-foot neighborhood electric vehicle (NEV) space for each 3,000 commercial square feet, plus one bicycle space minimum for each 10,000 commercial square feet, plus one motorcycle space for each 15,000 commercial square feet.

     • b. For residential over commercial space, one enclosed parking space for each unit, plus one enclosed six-foot by six-foot minimum NEV space for each unit with charging facility at each NEV space.

     • c. Disabled spaces shall be provided as required by this Zoning Code and in compliance with the Americans with Disabilities Act, whichever is more stringent.

10. Personal Services, Restricted Uses. Sales establishments selling tobacco, paraphernalia, and vaping products and supplies shall not be located within a 1,000-foot radius of sensitive uses (i.e., schools, parks, youth facilities). The distance between a tobacco, paraphernalia, and vaping products and supplies sales establishment shall be made in a straight line, without regard to intervening structures or objects, from property line to property line of the parcel on which the structure, or portion of the structure, in which the sensitive use is located.

11. Sign Regulations. See Chapter 18.44 (Sign Regulations). In addition, the following standards have been modified for the CMU zone:

  - a. Monument signs, fin signs, and wall signs are permitted. 

  - b. Flashing and/or sequenced lighting and pole signs shall be prohibited. 

  - c. The primary sign for a commercial use shall be above the storefront and visibility oriented toward the street. 

• B. Specific Applicable Fox Hills Community Specific Plan Regulations.

  1. R-1 Single-Family Residential Zone. The following development standards apply:

  • a. Building Coverage. Maximum density standards shall be consistent with the General Plan.

  • b. Building Depth:Width Ratio. Where a parcel of land can be determined to not be at full development and it can be demonstrated that reasonable development can occur, the 3:1 maximum depth to width ratio shall not apply.

  • c. Parcel Size (Interior and Corner). The minimum parcel size is one net acre when septic tanks are used.

  • d. Parcel Widths. A maximum of 10 percent reduction in parcel width or depth may be allowed where it can be demonstrated to the satisfaction of the Director that due to physical constraint(s) of the property, compliance with the standard width or depth would not allow the property to be developed to its maximum potential.

  • e. Setbacks. Front setbacks for carports and garages facing the front parcel line shall be a minimum of 20 feet, measured from the front of the carport or garage to the closest edge of the right-of-way. Maximum density standards shall be consistent with the General Plan or applicable Community Specific Plan.

2. R-1-5000 Single-Family Residential Zone. The following development standards apply:

   • a. Building Coverage. Maximum density standards shall be consistent with the General Plan.

   • b. Building Depth:Width Ratio. Where a parcel of land can be determined to not be at full development and it can be demonstrated that reasonable development can occur, the 3:1 maximum depth to width ratio shall not apply.

   • c. Parcel Size (Interior and Corner). The minimum parcel size is one net acre when septic tanks are used.

   • d. Setbacks.

     • (1) Front. Front setbacks for carports and garages facing the front parcel line shall be a minimum of 20 feet, measured from the front of the carport or garage to the closest edge of the right-of-way. Maximum density standards shall be consistent with the General Plan or applicable Community Specific Plan.

• (2) Rear (Main Building). The rear setback may be a minimum of 10 feet if a side setback width is a minimum of 15 feet with outdoor access (back door, patio, etc.) oriented to that side setback.

3. R-1-4500 Single-Family Residential Zone. The following development standards apply:

   • a. Building Coverage. Maximum density standards shall be consistent with the General Plan.

   • b. Building Depth:Width Ratio. Where a parcel of land can be determined to not be at full development and it can be demonstrated that reasonable development can occur, the 3:1 maximum depth to width ratio shall not apply.

   • c. Parcel Size (Interior and Corner). The minimum parcel size is one net acre when septic tanks are used.

   • d. Setbacks, Front. Front setbacks for carports and garages facing the front parcel line shall be a minimum of 20 feet, measured from the front of the carport or garage to the closest edge of the right-of-way. Maximum density standards shall be consistent with the General Plan or applicable community plan.

   • e. Rear (Main Building). The rear setback may be a minimum of 10 feet if a side setback width is a minimum of 15 feet with outdoor access (back door, patio, etc.) oriented to that

side setback.

4. R-1-1600 Small Parcel Residential Zone. The following development standards apply:

   • a. Building Coverage. Maximum density standards shall be consistent with the General Plan.

   • b. Separation from Adjacent Single-Family. A six-foot-high masonry wall shall be built for three or more dwelling units adjacent to single-family residential zone.

   • c. Parcel Size (Interior and Corner). The minimum parcel size is one net acre when septic tanks are used.

   • d. Setbacks.

     • (1) Front. Where a parcel of land can be determined to not be at full development and it can be demonstrated that reasonable development can occur, the 3:1 ratio shall not apply. Maximum density standards shall be consistent with the General Plan or applicable Community Specific Plan.

     • (2) Rear (Main Building). The rear setback may be a minimum of 10 feet if a side setback width is a minimum of 15 feet with outdoor access (back door, patio, etc.) oriented to that side yard.

     • (3) Side (Interior). A zero-foot setback is permitted on one side only if the structure on the adjoining parcel is set back a minimum of five feet.

5. R-3 Multiple-Family Residential Zone. The following development standards apply:

   • a. Building Coverage. Maximum density standards shall be consistent with the General Plan.

   • b. Building Depth: Width Ratio. Where a parcel of land can be determined to not be at full development and it can be demonstrated that reasonable development can occur, the 3:1 maximum depth to width ratio shall not apply.

   • c. Parcel Size (Interior and Corner). The minimum parcel size is one net acre when septic tanks are used.

   • d. Setbacks. If the structure(s) is two stories and adjacent to a single-family residential zone, minimum 12-foot interior side setbacks are required.

6. CMU Commercial Mixed-Use Zone.

• a. Educational, Institutional, Public Assembly, and Recreational Uses. Gymnasiums may not exceed 200-person capacity in the main structure area.

  • b. Development Standards.

    • (1) Structure Access.

      • (A) Commercial Structures. Commercial structures shall front on and have main entrances on the street. Individual tenant spaces may have storefronts and entrances on pedestrian walks or paseos that connect surface parking areas behind structures with the street. All residences shall have direct access to the street. Several residences may share one street access.

      • (B) Commercial Spaces. Commercial spaces shall not have entrances from parking lots located behind the structures, but may have exits to the surface parking lots. Surface lots shall be connected to the street via eight-foot-wide minimum pedestrian walks, or paseos, between structures every 150 feet maximum.

(2) Setbacks.

     - (A) Front Setback. Structures shall front on and have a main entrance constructed to the back of the sidewalk. Front sidewalks shall be a minimum of 12 feet wide measured to the face of the curb. 

     - (B) Side (Street Side) Setback. Structures shall be constructed to the back of the sidewalk. 

     - (C) Rear Setback. A larger setback shall be required where parking/loading areas are located adjacent to residential zones to allow for adequate screening for potential noise and visual effects. 

7. C-2 General Commercial Zone. The following development standards apply:

   • a. Building Coverage. Maximum 60 percent for dwellings.

   • b. Building Height. Height is 75 feet maximum.

   • c. Setbacks. All setbacks for residential dwellings shall be the same as in the R-1 zone. If an interior side yard is adjacent to a residential zone, the minimum setback shall be 10 feet.

• (Ord. 1976 § 2, 2019)