Chapter 3 — INDUSTRIAL 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 industrial zones consistent with the policies and principles of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

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)

Lots within the industrial zones shall have the minimum areas set forth in Table 9-5-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Lots within the industrial zones shall not have a width less than that set forth in Table 9-5-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-5-3.1. (See Table 4.1 of the Master Plan.) Said setback requirements and the following exceptions shall replace the chapter concerning yards and the 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 industrial 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. The minimum setback from I-205 and Patterson Pass Road shall be as specified in the Master Plan.

(c)

Setback Exceptions for Off-Street Parking Areas.

(1)

The minimum setback for off-street parking areas adjacent to streets shall be ten (10) feet, except that in the I-P zone the minimum setback shall be twenty (20) 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 I-P zone 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 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)

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

(2)

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)

Buildings and structures in industrial zones shall not exceed the maximum building heights specified in Table 9-5-3.1, 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)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

9-5-308 - Access.

All principal uses within the industrial zones of Specific Plan III shall have access to a City maintained road, a road maintained by the City, or a privately maintained road with public access. Within other areas of Mountain House, all principal uses in the industrial zones shall have access to a City maintained road. Flag lots are not permitted in the industrial zones.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-5-309 - Minimum Dimensions of Corner Lots.

Corner lots shall have minimum widths of one hundred (100) feet, except within the Specific Plan III area, where there shall be no required minimum lot width.

TABLE 9-5-3.1 LOT AND STRUCTURE STANDARDS

SETBACK REQUIREMENTS**

• See Sections 9-5-303 through 9-5-309 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.

1

Applies within Specific Plan III area of Mountain House.

2

Structures in Mountain House Business Park area are 5 stories.

3

Applies to side and rear setback within Specific Plan III area only; front setback within Specific Plan III area is 10′.

4

Streetside sides of corner lots within Specific Plan III area of Mountain House shall be set back 15′.

5

There is no depth to width ratio in the Specific Plan III area.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 6. - AGRICULTURAL ZONES

CHAPTER 1. - AGRICULTURAL ZONES: INTENT AND ORGANIZATION

9-6-101 - Title and Intent.

Division 6 constitutes the agricultural zones. The intent of this Division is to prescribe use, lot, and structure regulations for agricultural zones within the City of Mountain House, consistent with the Land Use portion of the General Plan. The names and intents of the agricultural zones are as follows:

(a)

AU Zone. The Agriculture-Urban Reserve (AU) Zone is intended to retain in agriculture those areas planned for future urban development in order to facilitate compact, orderly urban development and to assure the proper timing and economical provision of services and utilities. This zone also is intended to implement the Agriculture-Urban Reserve land use category of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - AGRICULTURAL ZONES: USE REGULATIONS

The intent of this Chapter is to specify the range of uses and structures allowed within agricultural 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 in the AU zone shall be as provided in Table 9-6-2.1.

(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 9-6-2.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Permitted, not permitted and conditionally permitted accessory uses and structures in the AU zone shall be as provided in Table 9-6-2.2. Accessory uses or structures not specifically listed in Table 9-6-2.2 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)

Permitted, not permitted and conditionally permitted temporary uses and structures in the AU zone shall be as provided in Table 9-6-2.3. Temporary uses or structures not specifically listed in Table 9-6-2.3 may be allowed, subject to an Improvement Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the provisions of Sections 9-6-201 through 9-605.5, the following Special Use Regulations shall apply to the 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.

(b)

Agricultural Processing.

(1)

A use classified under the Agricultural Processing use type may be expanded provided all of the following conditions are met:

(A)

The use was lawfully in existence at the time the property was rezoned to AG;

(B)

The expansion involves less than a fifty percent (50%) increase in floor area;

(C)

The expansion involves less than a twenty-five percent (25%) increase in overall site area; and

(D)

The expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency.

(2)

If a proposed expansion does not comply with the above, a new use permit shall be required.

(c)

Reserved.

(d)

Deleted.

(e)

Power-Generating Facility. A permit approval shall be subject to all of the following findings:

(1)

The source of the power requires locating the use in an area designated as Agriculture or Resource Conservation in the General Plan;

(2)

The use will not have a significantly detrimental effect on agricultural activities in the vicinity; and

(3)

The site of the use can be rehabilitated for agricultural production or a permitted use in the AG zone if the power source is temporary.

(f)

Resource Recovery. A permit approval shall be subject to all of the following findings:

(1)

The nature of the materials processed and the operational characteristics of the use require a location outside of an urban area as designated on the General Plan.

(2)

The facility only converts waste products from agricultural operations to other useable products.

(g)

Agricultural Truck Parking. A permit approval for truck parking as an accessory use in an agricultural zone shall be subject to the following minimum requirements:

(1)

The property contains a minimum of two (2) acres for up to one (1) truck and two (2) trailers, and four (4) acres for up to two (2) trucks and four (4) trailers;

(2)

The property fronts on a Citymaintained road with a minimum twenty (20) foot width of pavement;

(3)

The property contains the residence of the owner-operator of the truck(s);

(4)

No employees, other than members of the owner-operator's immediate family, are allowed in the agricultural truck parking operation;

(5)

One (1) accessory structure only is allowed for maintenance and repair of the permitted trucks and trailers.

(h)

Temporary Farm Labor Housing. Permit approval shall be subject to the following minimum requirements:

(1)

The housing must be used in conjunction with work performed on the site or on property owned or leased by the owner;

(2)

The housing may not be occupied for more than eight (8) weeks per year; and

(3)

The housing must be under permit of the Environmental Health Division.

(i)

Equipment Sales and Repair, Farm Machinery, Sales. Permit approval shall be subject to the following requirements:

(1)

The use type shall only be established where the proposed use or project has direct access to a Collector or higher classification roadway.

(j)

Agricultural Urban Reserve Zones. Existing uses in the Agricultural Urban Reserve Zone which are consistent with the General Plan may be expanded or changed to other uses which are consistent with the General Plan, subject to a Site Approval, unless another discretionary approval is specified by this Title.

(k)

Open Space/Resource Conservation Area. In areas designated as Open Space/Resource Conservation on the General Plan Map, all uses or use types shall require Site Approval, except:

(1)

When another discretionary approval is specified by the Title.

(2)

At the discretion of the Director, an Improvement Plan may be permitted in the following cases:

(A)

Expansions of less than twenty-five percent (25%) to existing structures, or

(B)

New accessory uses or structures that comply with the requirements in Section 9-6-203.

(l)—(n)

Deleted.

(o)

No more than twenty-five percent (25%) of the kennel building area may be used for pet grooming.

(p)—(t)

Deleted.

(u)

Veterans Organizations. In the AU zone, Veterans Organizations may only be located in existing Community Assembly facilities, and the facilities may not be rented.

(v)

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.

(w)

Deleted.

(x)

Deleted.

(y)

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)

All uses, including, but not limited to, flooding inconsistent with generally accepted agricultural practices or which presents or could present a threat to the physical integrity of Delta levees, on land with a general plan designation of AG and located within the Primary Zone of the Sacramento-San Joaquin Delta are prohibited, except:

(a)

Allowed uses as identified in Tables 9-6-2.1, 9-6-203 and 9-6-204 of the City of Mountain House Development Title;

(b)

The Delta Wetlands Project as defined in the 2011 Delta Wetlands Project Place of Use Environmental Impact Report and reflected in the protest dismissal and settlement agreement reached in the matter of Central Delta Water Agency et al. v. Semitropic Water Storage District et al., San Francisco County Superior Court Case No. CPF-II-51175; and

(c)

Easements obtained under the San Joaquin Multispecies Habitat Conservation Plan, but not greater than eighty (80) cumulative acres by a single entity.

TABLE 9-6-2.1 USES IN AGRICULTURAL ZONES

==> picture [324 x 186] intentionally omitted <==

----- Start of picture text -----
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
Use Types AU
Residential Use Types
Family Residential See categories below
Single-Family P
-
Two-Family
----- End of picture text -----

TABLE 9-6-2.2 ACCESSORY USES AND STRUCTURES IN AGRICULTURAL ZONE

TABLE 9-6-2.3 TEMPORARY USES AND STRUCTURES IN AGRICULTURAL ZONE

Legend: P Permitted Use PI Permitted Use With Improvement Plan

(Ord. 2024-18, § 1(Exh. A), 2024)