Chapter 3 — AGRICULTURAL ZONES: LOT AND STRUCTURE REGULATIONS

The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the agricultural zones consistent with the policies and principles of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Lots in the agricultural zones shall have the minimum areas set forth in Table 9-6-3.1, except as modified by Section 9-6-303.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following exceptions to the minimum lot area regulations in Table 9-6-3.1 are permitted:

(a)

Homesite Parcels. Homesite parcels may be approved in the AG zone, provided all of the following provisions are satisfied:

(1)

Not more than one (1) homesite parcel may be created from an existing parcel; however, under no circumstances shall the number of parcels resulting from the division exceed the maximum number of parcels permissible under the General Plan density. In determining how many homesite parcels have been created from an existing parcel, all homesite parcels created from an existing parcel since July 29, 1992, the date of the adoption of the General Plan, shall be counted;

(2)

The homesite parcel shall contain not less than two (2) acres nor more than five (5) acres. A homesite parcel created from property under Williamson Act contract shall also comply with Section 66474.4 of the Government Code, which permits the creation of such homesite parcels provided a residence has existed on the property proposed to be divided for five (5) years and the property owner has owned the property for ten (10) years;

(3)

A Minor Subdivision application proposing the creation of a homesite parcel from an existing parcel shall not be approved by the Review Authority if the owner of the existing parcel has owned the existing parcel for less than ten (10) years. If the Minor Subdivision application is approved, the homesite parcel which is created shall not be transferred for a period of ten (10) years following the date of its approval or upon the death of an owner owning at least fifty (50) percent interest in the homesite parcel, unless the homesite parcel and the remainder parcel are merged pursuant to the provisions of this Title.

(4)

A building permit for a single-family dwelling for each homesite parcel shall be issued concurrently with the filing for record of the parcel map.

(5)

After the creation of a homesite parcel under this subsection, no further homesite parcels may be created on the remainder parcel except for financing purposes as set forth below in subsection (b).

(b)

Homesite Parcels for Financing Purposes Only. Homesite parcels created for financing purposes only may be approved in the AG zone, provided all of the following provisions are satisfied:

(1)

Neither the homesite parcel nor the remainder parcel may be voluntarily transferred separately from the other parcel; however, if an institutional lender forecloses on either parcel, either parcel may be transferred separately in accordance with the power of sale provisions contained in the deed of trust;

(2)

Upon repayment of the loan, the owner of the homesite parcel shall merge the homesite parcel with the remainder parcel, as provided for in this Title, unless the owner of the homesite parcel acquired the homesite parcel through a foreclosure action, or unless the owner refinances the loan.

(3)

The remainder parcel shall remain a nonbuildable site for primary dwelling units.

(4)

All homesite parcels created for financing purposes only shall contain not less than two (2) acres nor more than five (5) acres.

(c)

Homesite and remainder parcels approved under the provisions of subsections (a) and (b) above shall have a notice recorded by separate instrument concurrently with the parcel map to indicate the restrictions specified in said subsection. A note shall also be placed on the parcel map indicating said restrictions with a reference to the instrument number of said recorded notice. The restrictions specified in this subsection shall terminate if the subject property is reclassified to a nonagricultural zone or to an agricultural zone with a five (5) acre minimum.

(d)

Parcels for Certain Specified Uses. Parcels containing less area than the minimum required in Table 9-6-3.1 may be created for the purpose of providing a separate lot for an existing use or a use granted by permit in the AG zone, subject to the following conditions:

(1)

The existing use, or use granted by permit, is classified under one (1) or more of the following use types:

(A)

Agricultural Processing;

(B)

Agricultural Organizations;

(C)

Agricultural Sales;

(D)

Agricultural Warehousing;

(E)

Animal Feeding and Sales;

(F)

Animal Specialty Services, Farm;

(G)

Educational Services, General;

(H)

Equipment Sales and Repair:

(i)

Farm Machinery, Sales, and

(ii)

Farm Machinery, Repair.

(I)

Major Impact Services;

(J)

Nursery Sales and Services: Wholesale;

(K)

Public Services;

(L)

Recreation:

(i)

Campgrounds; and

(ii)

Marinas.

(M)

Religious Assembly;

(N)

Stables;

(O)

Utility Services;

(P)

Farm Services;

(Q)

Limited Agricultural Recycling;

(R)

Custom Agricultural Manufacturing; and

(S)

Aerial Services-Farm.

(2)

The parcel to be created will be reduced to the least area required to conduct the operation;

(3)

The remainder parcel shall meet the minimum lot area requirements specified in Table 9-6-3.1;

(4)

A dwelling unit may be allowed on such resulting parcels only as an accessory use; and

(5)

The proposed subdivision of property complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract.

(e)

Parcels For Dwellings on Same Lot. Two (2) parcels, each containing one (1) habitable single-family dwelling and each consisting of less area and/or width than required in Table 9-6-3.1, may be created from an original parcel for the purpose of providing a separate lot for each dwelling, subject to the following conditions:

(1)

The single-family dwellings were erected prior to February 9, 1961; and

(2)

The proposed subdivision of property complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract.

(f)

Parcels Based on Lot-Size Averaging. Parcels of land containing up to ten (10) percent less area than the minimum area required in Table 9-6-3.1 may be created from an original parcel, subject to the following conditions:

(1)

The overall average parcel area of the proposed subdivision is equal to or greater than the minimum parcel area required in Table 9-6-3.1; and

(2)

The proposed subdivision of property complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract.

(g)

AU Zoning in New Communities. Parcels zoned AU in a new or expanded community shall have, at minimum, a forty (40) acre lot area assigned to the AU zone. After the required Master Plan has been approved for the new or expanded community, the twenty (20) acre minimum may be assigned.

(Ord. 2024-18, § 1(Exh. A), 2024)

Lots within the agricultural zones shall not have a width less than that set forth in Table 9-6-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Yards within the agricultural zones shall have the minimum depths set forth in Table 9-6-3.1, except as modified below:

(a)

Reduction of Required Yards. Required yards may be reduced as follows:

(1)

If the subject lot has less width than the required width specified in Table 9-6-3.1, the side yard or street side yard may be reduced to ten percent (10%) of the width of the lot, provided the side yard is not less than four (4) feet in width and the street side yard is not less than ten (10) feet in width.

(2)

If the subject lot is less than seventy-five (75) feet in width, the street side yard may be reduced to ten (10) feet in width.

(b)

Structures within Required Yards. The following structures may be located in or extend within required yards, subject to the provisions specified:

(1)

Architectural features, subject to the provisions of Chapter 9-1010;

(2)

Screening, including fences and gates, subject to the provisions of Chapter 6 of Division 10 (Fencing and Screening) of this Title;

(3)

Additions to nonconforming single-family dwellings, subject to the provisions of Chapter 8 of Division 2; and

(4)

Structures adjacent to and associated with railroad spurs.

(Ord. 2024-18, § 1(Exh. A), 2024)

Buildings and structures within the agricultural zones shall not exceed the heights set forth in Table 9-6-3.1, except as provided by Chapter 2 of Division 10; screening devices, including fences, gates, and gateposts, shall comply with the height requirements specified in Chapter 2 of Division 10.

(Ord. 2024-18, § 1(Exh. A), 2024)

The percentage of the total area of any lot which may be occupied by buildings in the agricultural zones shall not exceed that set forth in Table 9-6-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

For corner lots proposed after the adoption of this Title:

(a)

The minimum width shall be sixty-five (65) feet, and

(b)

The minimum depth shall be sixty-five (65) feet.

TABLE 9-6-3.1 STANDARDS FOR MINIMUM LOT AREA & WIDTH, YARD DIMENSIONS, HEIGHT, BUILDING COVERAGE, AND DEPTH:WIDTH RATIO[1]

Notes:

1

See Sections 9-6-302 through 9-6-308 for exceptions and modifications.

2

The following lot area provisions apply to the AG Zone:

(a)

Lots zoned "AG-20" shall be at least twenty (20) acres.

(b)

Lots zoned "AG-40" shall be at least forty (40) acres.

(c)

Lots zoned "AG-80" shall be at least eighty (80) acres.

(d)

Lots zoned "AG-160" shall be at least one hundred sixty (160) acres

3

The following lot area provisions apply to the AL Zone:

(a)

Lots zoned "AL-5" shall be at least five (5) acres.

(b)

Lots zoned "AL-10" shall be at least ten (10) acres.

4

The following lot area provisions apply to the AU Zone:

(a)

Lots zoned "AU-20" shall be at least twenty (20) acres.

(b)

Lots zoned "AU-40" shall be at least forty (40) acres.

(c)

Lots zoned "AU-80" shall be at least eighty (80) acres.

(d)

Lots zoned "AU-160" shall be at least one hundred sixty (160) acres.

5

For homesite parcels, the minimum lot width shall be one hundred fifty (150) feet.

6

See Section 9-9-209 for exceptions.

7

For parcels containing twenty (20) or more acres, there shall be no maximum height for dwellings.

8

The minimum setback from all property lines for dwellings over thirty-five (35) feet in height shall be twice the maximum height of the dwelling, with a minimum setback of one hundred fifty (150) feet.

9

(a)

Lots zoned "ARM-20" shall be at least twenty (20) acres.

(b)

Lots zoned "ARM-40" shall be at least forty (40) acres.

(c)

Lots zoned "ARM-80" shall be at least eighty (80) acres.

(d)

Lots zoned "ARM-160" shall be at least one hundred sixty (160) acres.

10

See Section 9-1005.3 for height criteria.

N/A Not applicable.

Setbacks for yards shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the General Plan or applicable Specific Plan or Special Purpose Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 7. - OTHER ZONES

CHAPTER 1. - OTHER ZONES: INTENT AND ORGANIZATION

Division 7 constitutes the Other Zones. The purpose of this Division is to prescribe use, lot, and structure regulations for zones other than residential, commercial, or industrial zones within the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the Other Zones are as follows:

(a)

P-F Zone. The public facilities (P-F) zone is intended to provide for the establishment of schools meeting State requirements for primary, secondary and higher education; medical facilities; infrastructure facilities, such as the wastewater treatment plant and water treatment plant; police and fire protection facilities and other public buildings; the Transit Center; and places of religious assembly. This zone is intended to implement the public facilities land use category of the General Plan.

(b)

M-X Zone. The mixed-use (M-X) zone is intended to provide an integration of land use types, including office, retail, recreation, public and residential uses, under a coherent plan; provide a central location for community activities, such as parades, exhibits, shows and other civic functions that serve to give identity and interest to the lifestyle of a community; and otherwise create a focal point of activity within the community. The M-X zone allows for more urban densities, innovative design, and a more efficient land and infrastructure utilization than would be permitted under other traditional designations. The concurrent filing of a Specific Plan shall be required of areas to be zoned Mixed-Use. This zone is intended to implement the mixed-use land use category of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - OTHER ZONES: USE REGULATIONS

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

(Ord. 2024-18, § 1(Exh. A), 2024)

9-7-202 - Permitted Use Types.

Permitted, not permitted, and conditionally permitted use types are set forth in Table 9-7-2.1. Use types are described in Chapter 4 of Division 1.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-7-203 - Accessory Uses and Structures.

Accessory uses or structures 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)

Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-7-2.3. Temporary uses or structures not specifically listed in Table 9-7-2.3 may be allowed, subject to an Improvement Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the provisions of Sections 9-7-201 through 9-7-204, the following Special Use Regulations shall apply in the Mixed-Use Zone:

(a)

In addition to the following requirements, the design guidelines, standards, and specific requirements contained in the Design Guidelines Manual shall apply:

(1)

The floor area ratio of all building and structures on a specific single lot shall not exceed 4:1, except public buildings which shall not exceed 6:1.

(2)

Streets within the mixed-use project shall consist of either local residential or local commercial streets, except:

(A)

An entrance street to the mixed-use project may be a divided and landscaped boulevard.

(B)

Existing streets in developed areas.

(3)

Streets shall have frequent intersections, consisting of blocks that are no more than one thousand four hundred (1,400) feet in length and normally no more than six hundred (600) feet in length.

(4)

Street trees shall be required at a minimum of thirty (30) foot intervals.

(5)

There shall be at least one (1) central public space in the mixed-use project.

(6)

There shall be at least one (1) linear foot of seating capacity per thirty (30) square feet of public space.

(7)

At least twenty percent (20%) of the total square footage in the project shall be devoted to residential uses.

(8)

There shall be at least one (1) main retail block in which at least seventy-five percent (75%) of the ground floor linear frontage is retail.

(9)

The blocks adjacent to the main retail block(s) shall contain either:

(A)

Ground floor frontage in which at least fifty percent (50%) of the linear block shall be devoted to any combination of:

(i)

Retail uses.

(ii)

Entertainment services, except radio and television studios.

(iii)

Eating and drinking establishments.

(B)

Public open space.

(10)

Surface parking lots are not permitted on the main retail block(s) or adjacent retail in parking structures, underground, behind structures, or in the interior of a block.

(11)

The face of all buildings shall be adjacent to the sidewalk, except:

(A)

In areas that are predominately residential (more than seventy-five percent (75%) of the block), set backs may be no more than ten (10) feet; the set back of each block face must be consistent.

(B)

Public buildings.

(C)

In existing areas, buildings will follow the existing setback.

(b)

Each mixed use project shall develop its own specific, detailed design guidelines.

(c)

Specific requirements of the mixed-use zone may be modified or waived by the Director if it is demonstrated that the alternative will produce a superior project.

(d)

Single-family residential units which are not, in the opinion of the Review Authority, accessory dwellings shall be located in back of, or above, other uses permitted or conditionally permitted in the M-X zone.

(e)

Two-family residential units which are not, in the opinion of the Review Authority, accessory dwellings shall be located in back of, or above, other uses permitted or conditionally permitted in the M-X zone.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-7-206 - Special Use Regulations in the Public Facilities Zone.

In addition to the provisions of Sections 9-7-201 through 9-7-204, the following Special Use Regulations shall apply in the Public Facilities Zone:

(a)

Accessory Uses and Structures. Only accessory residential structures for the owner-operator and/or employees who work on the site shall be permitted.

(b)

Deleted.

(c)

Veterans Supportive Housing. Veterans supportive housing may be permitted in the P-F zone subject to the following requirements:

(1)

An Improvement Plan shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or less than forty-nine (49). The design, evaluation, and site assessment for this Improvement Plan shall be in substantial compliance with all regulations and requirements in Sections 9-7-205(c)(3) through (c)(10).

(2)

A Site Approval shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or greater than fifty (50) and where the project is not in compliance with existing CEQA review.

(3)

Development shall occur on parcels located within one-half (½) mile of a State or Federal Interstate.

(4)

Development shall occur on parcels with primary frontage on a Minor Arterial or higher classification roadway.

(5)

Development shall occur on parcels located within one-quarter (¼) mile of a County owned hospital.

(6)

Development shall comply with multi-family residential project landscaping requirements contained in Section 9-10-506(a) of the Development Title and parking landscaping requirements contained in Section 9-10-505 of the Development Title.

(7)

Signs shall comply with the regulations for multi-family residential projects contained in Section 9-17304(b).

(8)

Veterans supportive housing shall be served by public water, sewer, and storm drainage.

(9)

If during the course of construction, including any grading activity associated with said construction, subsurface cultural resources are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified cultural resources specialist consulted for an on-site evaluation.

(10)

If artifacts or evidence of materials such as bone, shell, or nonnative stone are uncovered during construction activities, work shall immediately be halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. Said evaluation may entail an archaeological test excavation and/or mitigative data recovery.

(d)

Communications Services Type II may be permitted only on land owned by the City.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-7-208 - Special Use Regulations in Other Zones.

In addition to the provisions of Sections 9-7-2.1 through 9-7-204, the following Special Use Regulations shall apply to the Other Zones:

(a)

Commercial and Industrial Uses. Unless the permit type is more restrictive, a Site Approval is required for any commercial or industrial use that is:

(1)

Six thousand (6,000) square feet or greater in ground floor area;

(2)

Occupies ten (10) or more acres of site area;

(3)

Not served by a public wastewater treatment plant, public water system, and a public drainage system.

(b)

Improvement Plan for Areas with Special Purpose Plan. An Improvement Plan shall replace the permit type specified in Table 9-7-2.1 for a given use if a Special Purpose Plan has been adopted for the site on which said use is to be located and the use is consistent with the Special Purpose Plan.

(c)

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.

(d)

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.

(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 9-7-2.1 USES IN OTHER ZONES

Legend: P Permitted Use PI Permitted Use With Improvement Plan S Use Permitted Subject to Site Approval U Use Permitted Subject to Use Permit - Use Not Permitted

TABLE 9-7-2.3 TEMPORARY USES AND STRUCTURES IN OTHER ZONES

1 Applies within Specific Plan III area of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)