§ 9-6

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

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----- 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)