Chapter 3 — COMMERCIAL ZONES: LOT AND STRUCTURE REGULATIONS

9-4-301 - Intent. ¶

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 commercial zones consistent with the policies and principles of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-302 - Planned Developments. ¶

The provisions of this Chapter may be modified pursuant to Chapter 15 of Division 8, Planned Development Zone.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-303 - Lot Area. ¶

Lots within the commercial zones shall have the minimum areas set forth in Table 9-4-3.1, except for the following modification: When a subject lot is zoned General Commercial (C-G) and that lot is located

adjacent to property with residential zoning or property shown on the General Plan Map for residential development, it shall have an area of not less than one-half (½) acre.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-304 - Lot Width. ¶

Lots within the commercial zones shall meet the minimum lot width set forth in Table 9-4-3.1, except for the following modification: When a subject lot is zoned General Commercial (C-G) and that lot is located adjacent to property with residential zoning or property shown on the General Plan Map for residential development, it shall have a lot width of not less than one hundred twenty-five (125) feet of frontage on a public street.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-305 - Setbacks. ¶

Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-4-3.1. Said setback requirements and the following exceptions shall replace the chapter concerning yards and the general provisions concerning yard dimensions in the development title (Chapter 3 of Division 10).

(a)

Side and Rear Setback Exceptions. Buildings on lots zoned or designated on the Master Plan for commercial use shall maintain a forty-five degree (45°) clear setback when adjacent to lots zoned or designated on the Master Plan for residential use.

(b)

Setback Exceptions for Specified Streets and Street Types.

(1)

The minimum setback from I-205 and from Patterson Pass Road shall be as specified in the Master Plan.

(2)

The minimum setback from an adjacent arterial street in the C-N and C-C zones shall be twenty (20) feet for build without entries for the general public, and for service and loading areas.

(3)

The minimum setback from an adjacent collector street shall be ten (10) feet in the C-N zone, and twenty (20) feet in the C-C zone, for building facades without entries for the general public, and for service and loading areas.

(c)

Setback Exceptions for Off-Street Parking Areas.

(1)

The minimum setback for off-street parking areas adjacent to streets shall be twenty (20) feet, except in the following instances:

(A)

In the C-N zone, the minimum setback shall be ten (10) feet;

(B)

Along Patterson Pass Road, the minimum setback shall be thirty (30) feet.

(2)

The minimum setback for off-street parking areas adjacent to lots zoned or designated on the Master Plan for residential use shall be ten (10) feet.

(3)

The minimum side and rear setback for off-street parking areas in the C-O and C-FS zones shall be five (5) feet.

(d)

Setback Exceptions for Other Specified Structures.

(1)

Fire Escapes. Fire escapes shall not extend or project more than four (4) feet beyond the setback line.

(2)

Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by a roof or canopy, shall not extend or project more than four (4) feet beyond the side or rear setback line, and shall not extend or project more than thirty (30) inches beyond the front setback line.

(3)

Porches. Porches, platforms or landing places which do not extend above the level of the first floor of the building shall not extend or project more than five (5) feet beyond the setback line; however, any open work railing, no more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place.

(4)

Patio Covers. Patio covers, as defined by Chapter 49 of the Uniform Building Code, may be located within three (3) feet of the rear or side property line.

(5)

Eaves, Roof Overhangs and Similar Features. Eaves, roof overhangs and other similar architectural features may extend or project up to:

(A)

Thirty (30) inches beyond the setback line, provided said architectural feature is no closer than thirty (30) inches to the property line where the setback requirement is ten (10) feet or less;

(B)

Ten (10) feet beyond the setback line, where the setback requirement is more than ten (10) feet.

(6)

Fireplaces, Air Conditioning Equipment, Water Softener Units. Fireplaces, air conditioning units and water softening units may extend or project up to thirty (30) inches beyond the setback line, provided said structure is no closer than thirty (30) inches to the property line.

(7)

Pools. Pools shall not be located closer than three (3) feet from any side or rear property line.

(e)

Setback Exceptions for Specified Land Uses or Features.

(1)

County Line. Dwellings and nonresidential buildings shall maintain a minimum setback from the Alameda County Line as specified in the Master Plan.

(2)

Power Line Easements. Dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement. Non-residential structures shall maintain a minimum setback of ten (10) feet from the Rio Oso-Tesla powerline easement.

(3)

Mountain House Creek Corridor. Buildings shall maintain a minimum setback of fifty (50) feet from the Mountain House Creek Corridor.

(4)

Wetlands. Buildings and structures shall maintain a minimum setback from wetlands in accordance with the setback requirements for wetlands specified in the Wetlands Management Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-306 - Height. ¶

Buildings and structures in commercial zones shall not exceed the maximum building heights specified in Table 9-4-3.1, except as provided below:

(a)

Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building;

(b)

Skylights and chimneys;

(c)

Flagpoles; and

(d)

Church towers/steeples.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-307 - Building Coverage. ¶

The maximum building coverage by zone for buildings and structures shall be as set out in Table 9-4-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-308 - Access. ¶

All principal uses in the commercial zones shall have access to a City maintained road.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-309 - Minimum Dimensions of Corner Lots.

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 9-4-3.1 LOT AND STRUCTURE STANDARDS

Zoning District	Minimum Lot Size (square feet)	Minimum Lot Width (feet)	Maximum Building Height (stories)	Maximum Bldg Coverage (Percent)
C-N	-	50 (-1)	2	60

C-C	-	50	3	60
C-O	5,000	50 (-1)	3	60
C-G	-	50	3	60
C-FS	-	50	5	60

SETBACK REQUIREMENTS*

Zoning District	Arterial Street (feet)	Collector and Local Streets (feet)	Side Setback (feet)	Rear Setback (feet)
C-N	0	0	-	-
C-C	0	0	-	-
C-O	20 (101)	20 (101)	20 (101, 2)	15 (101)
C-G	20	20	-	-
C-FS	30	20	20	20

See Sections 9-4-303 through 9-4-307 for exceptions and modifications.

** Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.

Notes: Refer to Table 9-4-3.1 for depth to width ratio. Table 9-4-3.1 does not apply within Specific Plan III area of Mountain House.

1

Applies within Specific Plan III area of Mountain House.

2

Side setback for C-O is 20′ for the streetside side of corner lots in Specific Plan III area.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 5. - INDUSTRIAL ZONES

CHAPTER 1. - INDUSTRIAL ZONES: INTENT AND ORGANIZATION