Chapter 2 — RESIDENTIAL ZONES: USE REGULATIONS

The intent of this Chapter is to specify the range of uses and structures allowed in the residential zones, consistent with the policies and principles of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-305.2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Uses or structures that require discretionary review, may be expanded with an Improvement Plan, provided the following conditions are met:

(a)

The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and

(b)

The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and

(c)

The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and

(d)

The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or

(e)

Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-3-2.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Permitted, not permitted, and conditionally permitted accessory uses and structures shall be as provided in Table 9-3-2.1. Accessory uses or structures not specifically listed in Table 9-3-2.2 may be permitted with an Improvement Plan, provided:

(a)

The proposed accessory use or structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing principal use type; and

(b)

The proposed accessory use or structure involves less than a ten percent (10%) increase in the overall site area covered by the existing use type; and

(c)

The proposed accessory use or structure, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and

(d)

The proposed accessory use or structure will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or

(e)

Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the accessory use or structure shall be the same as the level of review required for the primary use or structure.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-3-205 - Temporary Uses and Structures.

Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-3-2.3. Temporary uses or structures not specifically listed in Table 9-3-2.3 may be allowed, subject to approval of an Improvement Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the provisions of Section 9-305.2 through Section 9-305.5, the following Special Use Regulations shall apply to those uses or use types specified below:

(a)

Accessory Dwelling Units. An accessory dwelling unit and a junior accessory dwelling unit are permitted, subject to the provisions of Chapter 14 of Division 8, Section 9-8-1401.

(b)

Education Animal Project. In the Rural Residential (R-R) and Very Low Density Residential (R-VL) zones, the number of animals that may be raised for an educational animal project shall not exceed the number permitted under the Family Food Production Use Type, as specified in Section 9-1045, and shall not include the raising of swine.

(c)

Trucks in Residential Zones. No truck exceeding eleven thousand (11,000) pounds gross vehicle weight rating (GVWR), as defined in the California Vehicle Code, shall be parked or stored on private property in any area zoned for residential use and containing a primary dwelling unit.

(d)

Parking. The Automotive Sales and Services-Parking Use Type may be permitted in Low Density Residential (R-L), Medium Density Residential (R-M), Medium-High Density Residential (R-MH) and High Density Residential (R-H) zones if adjacent to a commercial or industrial zone with an approved Use Permit.

(e)

A maximum of eight (8) special outdoor events may be permitted with an approved site approval application in the Low Density Residential (R-L) and Medium Density Residential (R-M) zones.

(f)

Religious Assembly. Regional uses shall have a minimum parcel size requirement of ten (10) acres.

(g)

Permit Type Required for Change in Existing Use. Any change in an existing use to a new use which requires either a Use Permit, a Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use.

(h)

Public Display of Fireworks. An Improvement Plan shall be required for all public displays of fireworks and are subject to the following regulations:

(1)

An improvement plan shall be approved a minimum of two (2) weeks prior to the proposed public display of fireworks. An approved Operational Fire permit shall be submitted with every Improvement Plan.

(2)

All property owners of parcels adjacent to the parcel(s) approved by the Improvement Plan shall be notified of the details of the public display of fireworks which shall include the date of the event, time of event, and length of time for the fireworks display. The Community Development Department shall notify property owners in writing a minimum of one (1) week prior to the public display of fireworks date.

(3)

The Community Development Department shall notify the appropriate Municipal Advisory Council in writing a minimum of one (1) week prior to the public display of fireworks date if a public display of fireworks is proposed on a parcel located within a Municipal Advisory Council district.

(Ord. 2024-18, § 1(Exh. A), 2024)

Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.

TABLE 9-3-2.1 USES IN RESIDENTIAL ZONES

1 Applies within Specific Plan III area of Mountain House.

TABLE 9-3-2.2 ACCESSORY USES AND STRUCTURES IN RESIDENTIAL ZONES

1 Second Unit Dwelling Permit not required if the second unit dwelling is designated on an approved tentative map.

2 Applies within Specific Plan III area of Mountain House.

TABLE 9-3-2.4 TEMPORARY USES AND STRUCTURES IN RESIDENTIAL ZONES

1 Applies within Specific Plan III area of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)