§ 9-7

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)