Chapter 3 — RESIDENTIAL ZONES: LOT AND STRUCTURE REGULATIONS

The intent of this Chapter is to regulate the size and width of lots, the location and height of structures on lots, and the physical character and intensity of lot usage within the residential 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)

9-3-303 - Lot Size.

Minimum lot size by residential zone shall be as set forth in Table 9-3-3.2MCP, as modified by Table 9-63.3MCP, for the Specific Plan III area and as set forth in Table 9-3-2.1 unless otherwise specified for other areas of Mountain House.

(a)

Major or Minor Subdivisions. For Major and Minor Subdivision applications, the size of individual lots may be reduced to ninety percent (90%) of the minimum lot size required by Table 9-3-3.2MCP for the Specific Plan III area and by Table 9-3-3.1 for other areas, provided Master Plan density requirements are met.

(b)

Affordable Housing. Lot size exceptions for projects providing affordable housing shall be as specified in the Development Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

Unless otherwise specified, lots within residential zones shall have a width as specified in Table 9-33.2MCP for the Specific Plan III area and in Table 9-3-3.1 for other areas.

(a)

Major or Minor Subdivision. Minimum lot width for individual lots may be reduced five (5) feet from the required minimum, provided the average lot width in the proposed subdivision is at least equal to the minimum lot width required.

(b)

Affordable Housing. Lot width exceptions for projects providing affordable housing shall be as specified in the Development Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

Buildings and structures within the Specific Plan III area of Mountain House shall meet the setback requirements specified in Table 9-3-3.2MCP, except as noted in Table 9-6-3.3MCP. For other areas of Mountain House, unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-3-3.2MCP. For lots located within the R-M zone and within a tract for which a Model Home Master Plan has been approved, the setback and structure standards specified in Table 9-3-3.2MCP for lots within the Specific Plan III area and in Table 9-3-3.1 for other areas for lots with an area of less than thirty-six hundred (3,600) square feet shall be applicable to all lots in the tract if at least one (1) of the residential lots has an area of less than thirty-six hundred (3,600) square feet. The setback requirements and exceptions specified in Table 9-3-3.2MCP and Table 9-6-3.3MCP for the Specific Plan III area and in Table 9-3-2.1 and this Section for other areas of Mountain House shall replace the chapter concerning yards and the general provisions concerning yard dimensions in the Development Title (Chapter 3 of

Division 10 and Section 9-3-305, respectively). For court lots, autocourt lots and greencourt lots, see Table 9-3-3.3M for the location of front, side and rear property lines.

(a)

Front, Side, and Rear Setback Exceptions.

(1)

Structures on lots zoned R-MH or R-H, or designated R/MH or R/H on the Master Plan, shall increase the minimum setback by five (5) feet for each story over the first story when adjacent to arterial roads or lots designated R/VL, R/L or R/M on the Master Plan.

(2)

For side yards, the following setbacks shall be applicable, provided coverage requirements and FAR requirements as specified in Table 9-3-2.1 are met:

(A)

The side setback in the R-L, R-M and R-MH zones may be reduced to zero (0) feet along the common wall in a zero lot-line residential project or where the distance between the building on the subject lot and the building on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.

(B)

For lots less than fifty-one (51) feet in width, that are located within a tract for which a Model Home Master Plan has been approved, the side setback shall equal ten percent (10%) of the smallest lot width within said Tract, but in no case shall the side setback be less than three (3) feet.

(3)

For single story accessory buildings located in the rear third of the parcel, the rear setback may be reduced to zero (0) feet where the distance between the accessory structure on the subject lot and the structure on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.

(4)

For corner lots, the following setbacks shall be applicable, provided coverage requirements and FAR requirements as specified in Table 9-3-3.1 are met:

(A)

For corner lots zoned R-L the minimum streetside side setback shall be ten (10) feet.

(B)

For corner lots zoned R-M less than fifty-one (51) feet in width, that are located within a tract for which a Model Home Master Plan has been approved, the minimum streetside side setback shall be five (5) feet,

plus an additional ten percent (10%) of the smallest lot width within said Tract, but in no case shall be less than nine (9) feet.

(C)

For corner lots zoned R-M, greater than or equal to fifty-one (51) feet in width, the minimum streetside setback shall be ten (10) feet.

(D)

For reverse corner lots, the side setback requirement shall be applied to the rear setback.

(E)

For corner lots within Tract 3202, the rear setback shall be ten (10) feet.

(5)

For buildings with common automobile or pedestrian access, except where a building is adjacent to a public street, front and rear setbacks may be reduced to zero (0) feet, provided that minimum building separations per Table 9-3-.32.1 are maintained.

(6)

For single-family homes with common automobile or pedestrian access in the R-MH zone, the rear setback for lots backing onto a public street may be reduced to five (5) feet, provided that minimum building separations as specified in Table 9-3-3.1 are maintained.

(7)

For lots located within the R-M zone and within a tract for which a Model Home Master Plan has been approved the minimum building separation for all lots shall be twenty percent (20%) of smallest lot width within the tract, but in no case shall be less than six (6) feet.

(8)

For lots zoned R-L less than one hundred (100) feet in depth, the minimum front and rear setback shall be fifteen (15) feet.

(b)

Setback Exceptions for Specified Streets.

(1)

Marina Boulevard. Dwellings shall maintain a minimum setback of two hundred and ten (210) feet from the Community Boundary.

(2)

I-205. Dwellings shall maintain a minimum setback from I-205 as specified in the Master Plan.

(c)

Setback Exceptions for Garages.

(1)

The minimum front setback for garages with doors facing the local, collector or arterial streets shall be five (5) feet behind the building façade of the main structure.

(2)

The minimum setback for side entry garages, including a side entry garage with a second unit dwelling located over said garage, shall be twenty-five (25) feet in the R-VL zone and ten (10) feet for all other residential zones.

(3)

For garages served by common driveways, auto courts or alleys, garage setbacks may be reduced to zero (0) feet provided that a minimum building separation of twenty (20) feet is maintained between the subject garage and the building across the common driveway, and consistency with Subsection (c)(1) is maintained.

(4)

For single story garages located in the rear third of the parcel that includes either one (1) space of a total three (3) car garage or both spaces of a two (2) car garage, the rear setback may be reduced to zero (0) feet where the distance between said garage on the subject lot and the structure on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.

(5)

On corner lots less than fifty (50) feet in width, garages that are accessed from side streets and that have automatic garage door openers with remote controls may project toward the street up to five (5) feet into the streetside side setback, but must maintain a minimum four (4) feet from the streetside side property line. Second level habitable space above said garage may project two (2) feet into the street side yard setback.

(d)

Setback Exceptions for Off-Street Parking Areas.

(1)

The minimum setback for off-street parking areas for nonresidential use types in the R-VL, R-L and R-M zones shall be ten (10) feet from any adjacent street, and five (5) feet from any side or rear property line not abutting a street.

(2)

The minimum setback for off-street parking areas in the R-MH and R-H zones shall be fifteen (15) feet from any adjacent street; ten (10) feet from any adjacent lot zoned R-VL, R-L or R-M; and five (5) feet from any side or rear property line not abutting a street or lot zoned R-VL, R-L or R-M.

(e)

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 may extend six (6) feet in the R-M zone or eight (8) feet in the R-L and R-VL zones into any setback adjacent to a public street, but must maintain a minimum four (4) feet setback from the property line. 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)

Four (4) 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. On corner lots, pools shall be located no closer to the street than the setback specified for that residential zone.

(8)

Non-Habitable Architectural Features. Non-habitable architectural features may project up to thirty (30) inches into any setback or setback exception, but must maintain a minimum of four (4) feet from the property line when fronting on a public street.

(9)

Fences.

(A)

For corner lots that are not reverse corner lots in the Low Density (R-L) and Medium Density (R-M) residential zones: a fence up to six (6) feet in height may be located five (5) feet from the streetside side property line, provided the fence tie-in to the house along said streetside side yard occurs at a point that is approximately one-half the length of the house, or less, as measured from the rear of the house.

(B)

For reverse corner lots in the Low Density (R-L) and Medium Density (R-M) Residential Zones: a fence up to seven (7) feet in height may be permitted in the streetside side yard, provided it is located a minimum of ten (10) feet from the streetside side property line.

(C)

For side yards that are adjacent to the knuckle of a cul-de-sac in the Low Density (R-L) and Medium Density (R-M) residential zones: a fence up to six (6) feet in height may be permitted, provided it is located a minimum of five (5) feet from said side yard property line.

(D)

For front yards in all residential zones except the Very Low Density (R-VL) zone: a fence up to seven (7) feet in height may be permitted, provided it is located a minimum of ten (10) feet from the property line.

(E)

For front yards and streetside side yards in the Medium-High Density (R-MH) and High Density (R-H) residential zones: a fence up to seven (7) feet in height may be permitted, provided it is located a minimum of ten (10) feet from the property line.

(F)

For any required yard in the Very Low Density (R-VL) residential zone: an open fence up to seven (7) feet in height may be permitted.

(G)

For corner lots in which the rear yard is adjacent to a street or an alley, a fence up to six (6) feet in height may be located five (5) feet from the streetside side property line.

(f)

Setback Exceptions for Specified Land Uses or Features.

(1)

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

(2)

Power Line Easements.

(A)

Dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement.

(B)

School sites shall maintain a minimum setback of one hundred (100) feet from a fifty (50) to one hundred thirty-three (133) kV line existing or proposed powerline easement; one hundred fifty (150) feet from a two hundred twenty (220) kV line existing or proposed powerline easement; and three hundred fifty (350) feet from a five hundred (500) to five hundred fifty (550) kV line existing or proposed powerline easement.

(C)

Other nonresidential structures shall maintain a minimum 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.

(5)

Delta-Mendota Canal. Dwellings, excluding garages, shall maintain a minimum setback from the DeltaMendota Canal as specified in the Master Plan.

(g)

Affordable Housing. Setback exceptions for projects providing affordable housing shall be those specified in the Development Title.

(h)

Setback Exceptions for Property Surrounding a Neighborhood Center. The front yard setback for structures on lots zoned R-L may be reduced to fifteen (15) feet, provided said lots surround, or are across from, a Neighborhood Center.

(i)

Setback Exceptions for Residential Lots on Central Parkway. For residential lots in the R-L zone that front on Central Parkway, the front yard setback may be reduced to fifteen (15) feet and the rear yard setback may be reduced to fifteen (15) feet.

(Ord. 2024-18, § 1(Exh. A), 2024)

Buildings and structures in residential zones within Specific Plan III shall not exceed the maximum building heights specified in Table 9-3-3.2MCP, except as provided below. Buildings and structures in other Mountain House residential zones shall not exceed the maximum building heights specified in Table 9-33.1, except as provided below.

(a)

Parking facilities located below the main structure in the R-H zone. Within the R-H zone, one-half (½) additional story may be permitted for parking facilities located below the main structure;

(b)

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

(c)

Skylights and chimneys;

(d)

Flagpoles;

(e)

Church towers/steeples;

(f)

Water tanks; and

(g)

Homes may have a 3rd level if it is contained within the 2nd level roof and 2nd level roof eave line. Dormers are permitted through the roof envelope for egress and light.

(Ord. 2024-18, § 1(Exh. A), 2024)

Buildings and structures in residential zones within Specific Plan III shall not exceed the maximum building coverage regulations specified in Table 9-3-3.1, except in the following instances, as applicable. Buildings and structures in other Mountain House residential zones shall not exceed the maximum building coverage regulations specified in Table 9-3-3.1, except in the following instances:

(a)

Single-story porches which wrap from the front to the side of the house in the R-L and R-M zoning districts: an area up to twenty percent (20%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage.

(b)

Total of all porch coverage exceptions shall not exceed twenty percent (20%) of the total building coverage.

(c)

Single story front porches in the R-L and R-M zoning districts: an area up to ten percent (10%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage.

(d)

Single story rear and side porches in the R-L and R-M zoning districts: for each, an area up to five percent (5%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage.

(e)

Homes that front on Central Parkway in the R-L zone are allowed a maximum building coverage of fifty percent (50%).

(f)

Residential developments providing housing affordable to persons of low and very low-incomes may be permitted to increase building coverage over that specified in Table 9-3-3.1 as one of several possible bonus incentives permitted by the Development Title.

(Ord. 2024-18, § 1(Exh. A), 2024)

For corner lots in the Specific Plan III planning area, corner lot dimensions and setbacks shall be as per Table 9-3-3.2MCP. For corner lots in other areas of Mountain House, the following provisions shall be applicable:

(a)

For corner lots in the R-L zone, the minimum lot width shall be fifty-five (55) feet.

(b)

For corner lots in the R-M zone, the minimum lot width shall be forty-five (45) feet.

(c)

For corner lots in the R-MH zone, the minimum lot width shall be forty-five (45) feet.

(d)

For corner lots in the R-H zone, the minimum lot widths shall be sixty-five (65) feet.

(Ord. 2024-18, § 1(Exh. A), 2024)

All Tracts which contain lots which utilize the FAR standards must apply for a Model Home Master Plan with a minimum of three (3) floor plans. One (1) such plan may not exceed sixty percent (60%) FAR, or one thousand four hundred (1,400) square feet Livable Area, whichever is more. On Model Home Master Plans which have three (3) floor plans, any one (1) plan shall not be used on less than thirty percent (30%) or more than forty percent (40%) of the total lots. On Model Home Master Plans which have four (4) floor plans, any one (1) plan shall not be used on less than twenty percent (20%) or more than thirty-five percent (35%) of the total lots. On Model Home Master Plans which have five (5) or more floor plans, any one (1) plan shall not be used on less than fifteen percent (15%) or more than thirty percent (30%) of total lots. Average FAR is calculated by dividing total Livable Area plus attached garage interior floor area by the total lot area for all lots within a Model Home Master Plan.

TABLE 9-3-3.1 LOT AND STRUCTURE STANDARDS

65 Coverage

R-H

3

MINIMUM SETBACK REQUIREMENTS[2, 3]

1

See Sections 9-3-303 through 9-3-308 for exceptions and modifications.

2

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.

TABLE 9-3-3.2MCP LOT AND STRUCTURE STANDARDS FOR SPECIFIC PLAN III AREA

Key to Land Use Regulations

1

Small lot, lots within subdivision tracts that have a standard lot size of less than 3,600 square feet.

2

Unless otherwise specified, standards are minimums and 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. Setbacks and other Table 9-3-3 criteria shall apply to all new residential lots within the Specific Plan Ill planning area, except where specific lot type/product design criteria have been approved and adopted as part of the College Park Specific Plan Area Design Manual or as part of a Special Purpose Plan.

3

A 15-foot front setback is allowed for single-story homes.

4

A minimum 10-foot front setback is allowed on arterial streets, but the minimum front setback shall be increased by five feet for each story over the first story for structures zoned R-MH and R-H adjacent to arterial roads or adjacent to lots designated R/VL, R/L or R/M in the Master Plan.

5

A 50% maximum building coverage is allowed for single-story homes.

6

Building coverage is not limited, buildings must meet all setbacks. At least one (1) plan of the model home master plan may not exceed the square feet of Livable Area set forth in the table below. Where "Standard Lot Size" may not be applicable, average lot size may be substituted for the purposes of calculating the Maximum Livable Area. The mix of plans on a Model Home Master Plan shall conform to plotting criteria set forth in the table below, but in no case shall the plan(s) required to have a Maximum Livable Area as set forth in the table above be plotted on less than 15% of lots within the Model Home Master Plan.

7

A third level is allowed if contained within 2nd level roof and 2nd level eave line. Dormers are permitted through the roof envelope for light and egress.

8

A residential subdivision or development may be approved at a density which exceeds or falls below the density range specified by the Master Plan, provided the subdivision is within the General Plan density range; and that the Master Plan density range for each land use district will be maintained for the neighborhood, or the developer's aggregate subdivisions for a land use district within Specific Plan III.

9

Table 9-310.3 concerning lot depth to width ratio shall not apply to lots addressed by Table 9-3l0.3MCP.

10

For projects permitted through a Model Home Master Plan, side setback equals ten percent (10%) of lot width for those lots with a lot width less than fifty (50) feet wide, but in no case shall be less than three (3) feet.

11

For projects permitted through a Model Home Master Plan, building separation equals twenty percent (20%) of lot width for those lots with a lot width less than fifty (50) feet wide, but in no case shall be less than six (6) feet.

12

Lots siding on pedestrian paseos, Homeowners' Association (HOA) landscape parcels or street rights-ofway that include a minimum of five (5) feet of landscaping adjacent to the parcel in question shall not be considered corner lots.

TABLE 9-3-3.3M LOCATION OF FRONT, REAR AND SIDES OF COURT-TYPE LOTS

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TABLE 9-3-3.3MCP SETBACK EXCEPTIONS FOR SPECIFIC PLAN III AREA

Lot Size and Width Exceptions

For Major and Minor subdivisions the size of individual lots may be reduced to ninety percent (90%) of the minimum lot size provided Master Plan density requirements are met; and minimum lot width for individual lots may be reduced five (5) feet from the required minimum, provided the average lot width in the proposed subdivision is at least equal to the required minimum lot width.

Side and Rear Setbacks Exceptions

The side setback in the R-L, R-M and R-MH zones may be reduced to zero (0) feet along the common wall in a zero lot line residential project or where the distance between the building on the subject lot and the building on the adjacent lot is at least ten (10) feet in the R-L zone and eight (8) feet in the R-M and R-MH zones.

For reverse corner lots, the rear setback shall be the same as the side setback.

For single story garages and accessory buildings located in the rear third of the parcel, the rear setback may be reduced to zero (0) feet where the distance between the garage or accessory structure on the

subject lot and the structure on the adjacent lot is at least eight (8) feet.

Rear setbacks on alleys may be reduced to four (4) feet.

Specific Situation Setback Exceptions

Garage Setback Exceptions

The minimum setback for garages with doors facing the street shall be five (5) feet behind the building facade of the main structure. The minimum setback for side entry garages shall be twenty-five (25) feet in the R-VL zone and ten (10) feet for all other residential zones.

Off-Street Parking Area Setback Exceptions

The minimum setback for off-street parking areas for nonresidential use types in the R-VL, R-L and R-M zones shall be ten (10) feet from any adjacent street, and five (5) feet from any side or rear property line not abutting a street. The minimum setback for off-street parking areas in the R-MH and R-H zones shall be fifteen (15) feet from any adjacent street; ten (10) feet from any adjacent lot zoned R-VL, R-L or R-M; and five (5) feet from any side or rear property line not abutting a street or lot zoned R-VL, R-L or R-M.

Structural Feature and Equipment Setback Exceptions

Height Limit Exceptions

Parking facilities located below the main structure in the R-H zone. Within the R-H zone, one-half (½) additional story may be permitted for parking facilities located below the main structure; penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; and skylights and chimneys; flagpoles; church towers/steeples; and watertanks may exceed maximum building heights.

(Ord. 2024-18, § 1(Exh. A), 2024)