Chapter 3 — OTHER 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 Other Zones consistent with the policies and principles of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Lots within the Other Zones shall have the minimum areas set forth in Table 9-7-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Lots within the Other Zones shall not have a width less than that set forth in Table 9-7-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-710.2M. 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 P-F, or designated P on the Master Plan, 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 Off-Street Parking Areas.

(1)

The minimum setback for off-street parking areas adjacent to streets shall be ten (10) feet in the P-F zone.

(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.

(c)

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.

(d)

Setback Exceptions for Specified Land Uses or Features.

(1)

Power Line Easements. Buildings shall maintain a minimum setback of ten (10) feet from the Rio Oso-Tesla powerline easement.

(2)

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

(3)

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.

(4)

Wastewater Storage Ponds and Sludge Basins. Wastewater storage ponds and sludge basins shall be setback from property lines a minimum of twenty (20) feet.

(Ord. 2024-18, § 1(Exh. A), 2024)

Buildings and structures in the P-F and M-X zones shall not exceed the maximum building heights specified in Table 9-7-3.1, except as provided below. (See Table 4.1 of the Master Plan.)

(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 maximum building coverage for the P-F and M-X zones shall be as provided in Table 9-7-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

In the M-X zone, corner lots shall have a minimum width and depth of sixty-five (65) feet.

TABLE 9-7-3.1 LOT AND STRUCTURE STANDARDS

SETBACK REQUIREMENTS**

• See Sections 9-7-303 through 9-7-307 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.

1

Applies within Specific Plan III area of Mountain House.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 8. - APPLICATION REGULATIONS

CHAPTER 1. - APPLICATION REGULATIONS: INTENT AND ORGANIZATION

Division 8 constitutes the Application Regulations. The intent of this Division is to prescribe regulations for the various types of permit applications that may be processed under this Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the information contained in the permit application form, the review authority may require supplemental information in order to evaluate the land use impacts of a project.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - GENERAL PLAN AMENDMENTS

It is the intent of this Chapter to provide a method for amending the General Plan, as provided in the California Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for General Plan Text Amendments may be initiated by any interested party. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

General Plan Amendment Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section.

(a)

Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application.

(1)

If the Planning Commission recommends approval, the application shall be reviewed by the City Council.

(2)

If the Planning Commission denies the General Plan Amendment Application, the action is final, unless appealed to the City Council.

(b)

City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission's denial was appealed.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to taking action on an application for a General Plan Amendment, the impact of the proposed General Plan Amendment on the jobs/housing program and on housing affordability shall be determined. In

addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the General Plan Amendment on the financial and fiscal resources of the community and the City shall be determined.

(a)

If the Director decides that private consulting services are required, the Director shall select a consultant.

(b)

The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the Board of Supervisors.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a General Plan Amendment, the Planning Commission and the City Council shall determine that all the following are true:

(a)

The internal consistency of the General Plan is maintained in the adoption of the General Plan Amendment;

(b)

The General Plan Amendment shall not adversely affect the jobs/housing program and housing affordability;

(c)

The General Plan Amendment shall not adversely affect the Public Financing Plan; and

(d)

All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 3. - MASTER PLANS

The intent of this Chapter is to provide for the adoption and amendment of Master Plans to facilitate implementation of the General Plan for new communities or substantial expansion of existing communities. The need for a Master Plan is defined by the policies or implementation measures of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for Master Plans may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his or her authorized agent. To initiate the application, the applicant shall file a request for a preapplication conference with the Community Development Department. The Master Plan or Master Plan Amendment may be prepared by the City, its consultant, or by the applicant, as determined by the Director. A fee, as specified by resolution of the City Council, shall be required.

(Ord. 2024-18, § 1(Exh. A), 2024)

Master Plan applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section.

(a)

Planning Commission. At the conclusion of the Public Hearing the Planning Commission shall recommend approval of the application or deny the application.

(1)

If the Planning Commission recommends approval, the application shall be reviewed by the City Council.

(2)

If the Planning Commission denies the Master Plan Application, the action is final, unless appealed to the City Council.

(b)

Board of Supervisor. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission's denial was appealed.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to taking action on an application for a Master Plan Amendment, the impact of the proposed Master Plan Amendment on the jobs/housing program and on housing affordability shall be determined. In addition, the consistency with the policies of the Public Financing Plan shall be analyzed and the potential impact of the Master Plan Amendment on the financial and fiscal resources of the community and the City shall be determined.

(a)

If the Director decides that private consulting services are required, the Director shall select a consultant.

(b)

The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council.

(Ord. 2024-18, § 1(Exh. A), 2024)

Prior to approving an application for a Master Plan Amendment, the Planning Commission and the City Council shall determine that the following are true:

(a)

The Master Plan Amendment is consistent with the General Plan and the Public Financing Plan;

(b)

The Master Plan Amendment shall not adversely affect the jobs/housing program and housing affordability; and

(c)

All applicable provisions of the Mountain House Development Agreement have been met.

(Ord. 2024-18, § 1(Exh. A), 2024)

For a Master Plan or a Master Plan Amendment prepared at the City's expense, the City Council may impose a Master Plan fee. The fee shall be applied to persons seeking approvals for development within the area covered by the Master Plan or Master Plan Amendment. The fee charged shall be a prorated amount determined on the basis of the amount of land proposed for development expressed as a percentage of the total land included in the applicable Master Plan or Master Plan Amendment.

(Ord. 2024-18, § 1(Exh. A), 2024)