Chapter 4 — RESIDENTIAL ZONES: DENSITY BONUS

The intent of this Chapter is to provide a method by which residential developments which provide affordable housing shall receive a density bonus and incentive pursuant to Section 65915 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-3-402 - Eligibility.

A residential development is eligible for a density bonus as follows:

(a)

Very Low and Low-income Housing and Senior Housing. A residential development is eligible for a twenty (20) percent density bonus if the builder seeks and agrees to construct at least one (1) of the following:

(1)

Ten (10) percent of the total units are affordable to low-income households at an affordable rent or affordable ownership cost; or

(2)

Five (5) percent of the total units are affordable to very low-income households at an affordable rent or affordable ownership cost; or

(3)

A senior citizen housing development, or mobile home park that limits residency based on age requirements for housing for older persons.

(b)

Moderate Income Housing. A residential development is eligible for a five (5) percent density bonus if the builder seeks and agrees to construct ten (10) percent of the total units as for sale affordable to moderate income households, if the residential development also meets all of the following additional criteria:

(1)

The residential development is a common interest development;

(2)

All the dwelling units in the residential development are offered to the public for purchase; and

(3)

The density bonus units are offered for sale at affordable ownership cost.

(c)

Density Bonus for Land Donation, Child Care Facility, or Condominium Conversion.

(1)

A residential development may be eligible for a density bonus for land donation pursuant to the requirements set forth in Government Code Section 65915(g).

(2)

A residential development that contains a child care facility as defined in Government Code Section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirements set forth in Section 65915(h).

(3)

Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5.

(Ord. 2024-18, § 1(Exh. A), 2024)

The density bonus for which the residential development is eligible shall increase if the percentage of very low, low, and moderate income units exceeds the base percentage established in Sections 9-3-402(a) and (b), as follows:

(a)

Very Low-income Units. For each one (1) percent increase above five (5) percent in the percentage of density bonus units affordable to very low-income households, the density bonus shall be increased by two and one-half (2.5) percent up to a maximum of thirty-five (35) percent.

(b)

Low-income Units. For each one (1) percent increase above ten (10) percent in the percentage of density bonus units affordable to low-income households, the density bonus shall be increased by one and onehalf (1.5) percent up to a maximum of thirty-five (35) percent.

(c)

Moderate Income For Sale Units. For each one (1) percent increase above ten (10) percent in the percentage for sale density bonus units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five (35) percent.

TABLE 9-3-4.1 DENSITY BONUS SUMMARY

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

A builder may request incentives pursuant to this section only when the builder is eligible for and receives a density bonus pursuant to Section 9-3-402. A residential development may receive the following number of incentives:

(1)

One (1) incentive for a project that includes:

(A)

At least five (5) percent of the total units for very low-income households;

(B)

At least ten (10) percent of the total units for low-income households; or

(C)

At least ten (10) percent for persons or families of moderate income in a common interest development.

(2)

Two (2) incentives for a project that includes:

(A)

At least ten (10) percent of the total units for very low-income households;

(B)

At least twenty (20) percent of the total units for low-income households; or

(C)

At least twenty (20) percent for persons and families of moderate income in a common interest development.

(3)

Three (3) incentives for a project that includes:

(A)

At least fifteen (15) percent of the total units for very low-income households;

(B)

At least thirty (30) percent of the total units for low-income households; or

(C)

At least thirty (30) percent for persons or families of moderate income in a common interest development.

(b)

One (1) or more of the following incentives shall be made available to a builder eligible for incentives, per the requirements in Section 9-315.4(a) above, except as provided in Section 9-315.5:

(1)

Reduction in setback;

(2)

Reduction in lot width;

(3)

Reduction in square footage requirements of the lot;

(4)

Reduction in yard dimensions;

(5)

Increase in building height;

(6)

Increase in building intensity;

(7)

Reduction of ratio of vehicular parking spaces per unit;

(8)

Reduction in open space requirements; or

(9)

Reduction in fees.

(c)

In addition to the incentives described above, an applicant for a development that meets the requirements of Section 9-3-402 may request parking standards consistent with Government Code Section 65915.

(Ord. 2024-18, § 1(Exh. A), 2024)

If the Director concludes that an incentive as specified in Section 9-315.4 is not necessary for affordability of the target units, a written finding stating such shall be made.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-3-406 - Request for Density Bonus.

(a)

If a density bonus is desired by the applicant, the applicant shall submit a written request for a density bonus with the application for residential development, or with a Planned Development Zone application if the affordability bonus is in conjunction with the bonus for planned development (Section 9-8-1511(h)).

(b)

A developer may submit a preliminary written proposal pursuant to this section prior to the submittal of any application for residential development. Within 90 days the City shall notify the developer in writing of any additional procedures necessary to comply with this section and Section 65915 of the Government Code.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

The developer shall agree to ensure continued affordability of all lower income density bonus units for:

(1)

Thirty (30) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; or

(2)

Ten (10) years if the county does not grant at least one of the additional incentives and government financing with a longer designated preservation period is not used for the project.

(b)

The developer shall enter into an Agreement with City of Mountain House to ensure compliance with the provisions of this section.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 5. - RESIDENTIAL ZONES: SINGLE-ROOM OCCUPANCY

The intent of this Chapter is to regulate the development and operation of single-room occupancy (SRO) land uses. SRO facilities provide housing opportunities for lower-income individuals, persons with disabilities, seniors, and formerly homeless individuals.

(Ord. 2024-18, § 1(Exh. A), 2024)

The following definitions apply to this chapter:

(a)

Single-Room Occupancy Facility. "Single-room occupancy facility" means any building containing five (5) or more guest rooms or units intended or designed to be used or occupied for sleeping purposes by residents, which is also the primary residence of those residents. The individual units may or may not lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, an

SRO facility does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, or hospitals.

(b)

Single-Room Occupancy Unit. "Single-room occupancy unit" means the guest rooms or units within the single-room occupancy facility intended or designed to be used or occupied for sleeping purposes by residents.

(Ord. 2024-18, § 1(Exh. A), 2024)

(a)

Single-Room Occupancy Units. The following standards shall apply to SRO units:

(1)

Unit Size. The minimum size of an SRO unit shall be one hundred fifty (150) square feet and the maximum size shall be four hundred (400) square feet.

(2)

Occupancy. Each SRO unit may house no more than two (2) persons.

(3)

Bathroom Facilities. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination.

(4)

Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top, or oven. A partial kitchen is missing at least one (1) of these appliances.

(5)

Closet. Each SRO unit shall have a separate closet.

(b)

Single-Room Occupancy Facilities. The following standards shall apply to SRO facilities:

(1)

Common Area. Ten (10) square feet of interior common space per unit shall be provided, with at least two hundred (200) square feet in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways.

(2)

Bathroom Facilities. If a full bathroom facility is not provided within each SRO unit, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one (1) full bathroom per floor. The shared bathroom facility shall be accessible from a common area or hallway.

(3)

Kitchen Facilities. If a full kitchen is not provided within each SRO unit, common kitchen facilities shall be provided with at least one (1) full kitchen per floor.

(4)

Laundry Facilities. Laundry facilities shall be provided in a separate room with at least one (1) washer and dryer per floor.

(5)

Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.

(Ord. 2024-18, § 1(Exh. A), 2024)

DIVISION 4. - COMMERCIAL ZONES

CHAPTER 1. - COMMERCIAL ZONES: INTENT AND ORGANIZATION

Division 4 constitutes the commercial zones. The intent of this Division is to prescribe use, lot, and structure regulations for commercial zones within the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the commercial zones are as follows:

(a)

C-N Zone. The Neighborhood Commercial (C-N) Zone is intended to provide for the development of small, localized retail and service businesses which serve the immediate, surrounding residential neighborhood of three thousand (3,000) to five thousand (5,000) people. This zone is intended to implement the Neighborhood Commercial land use designation of the General Plan.

(b)

C-C Zone. The Community Commercial (C-C) Zone is intended to provide for the development, within central business districts or extensive commercial areas, of a full range of retail and service establishments, allowing comparison shopping and providing goods and services necessary to supply the general or commercial needs of urban communities or regional markets. This zone is intended to implement the Community Commercial land use designation of the General Plan.

(c)

C-O Zone. The Office Commercial (C-O) Zone is intended to accommodate professional and other offices located adjacent to Medium High and High Density Residential Zones or commercial zones where professional services would most likely find demand. This zone is intended to implement the Office Commercial land use designation of the General Plan.

(d)

C-G Zone. The General Commercial (C-G) Zone is intended to provide for commercial areas that offer a wide variety of specialized retail and service uses which are normally developed as a separate individual entity rather than as part of a cluster of uses, serve urban communities or regional markets, require large amounts of land, and which may necessitate special purpose trips by consumers. This zone is intended to implement the General Commercial land use designation of the General Plan.

(e)

C-FS Zone. The Freeway Service Commercial (C-FS) Zone is intended to provide for commercial uses adjacent to full freeway interchanges oriented almost exclusively to serve the needs of the highway traveler. The concurrent filing of a Special Purpose Plan may be required for all parcels to be zoned C-FS. This zone is intended to implement the Freeway Service land use designation of the General Plan.

(f)

C-R Zone. The Commercial Recreation (C-R) Zone is intended to provide areas for major recreation oriented commercial activities and associated facilities. The concurrent filing of a Special Purpose Plan may be required for all parcels to be zoned C-R. This zone is intended to implement the Commercial Recreation land use designation of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

9-4-102 - Organization.

Division 4 consists of the following chapters:

(a)

9-400 Commercial Zones: Intent and Organization; 9-405 Commercial Zones: Use Regulations; and

(b)

9-410 Commercial Zones: Lot and Structure Regulations.

(Ord. 2024-18, § 1(Exh. A), 2024)

CHAPTER 2. - COMMERCIAL ZONES: USE REGULATIONS

9-4-201 - Intent.

The intent of this Chapter is to specify the range of uses and structures allowed in the commercial zones, consistent with the policies of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-4-2.1.

(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 9-4-2.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-4-2.2. Temporary uses or structures not specifically listed in Table 9-4-2.2 may be allowed, subject to approval of an Improvement Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the provisions specified in the development title, the following provisions shall be applicable:

(a)

Medical Services Use Type.

(1)

Medical offices shall be designed and configured to appear as office type uses in those commercial zones where they are allowed.

(2)

Urgent care centers, and other facilities included under the medical services use type that provides emergency medical care, shall be situated on and accessed from arterial roadways. Said facilities shall be separated from residential and other sensitive land uses by means of an arterial roadway, landscape easement or other effective buffer.

(b)

Public Services: Essential, Use Type.

(1)

Hospitals shall not be allowed in the C-FS zone.

(2)

Hospitals shall be situated on and accessed from arterial roadways. Said facilities shall be separated from residential and other sensitive land uses by means of an arterial roadway, landscape easement or other effective buffer.

(c)

Commercial Buildings in Neighborhood Commercial (C-N) Zones. If the Director determines that the uses and architectural, siting, and other issues associated with a commercial building of a proposed application have been addressed by an existing Special Purpose Plan or Specific Plan, an Improvement Plan may be allowed for said commercial building in lieu of the permit type specified in Table 9-4-2.2.

(1)

New commercial buildings not included in an existing Special Purpose Plan or Specific Plan shall be subject to the permit type specified in Table 9-4-2.2.

(2)

A building expansion of an existing commercial building which has been included in an existing Special Purpose Plan or Specific Plan may be allowed subject to an Improvement Plan, provided the building expansion involves less than a twenty-five percent (25%) increase in floor area covered by the existing

commercial building. If said expansion is twenty-five percent (25%) or more of the floor area covered by the existing commercial building, the expansion shall be subject to Site Approval.

(Ord. 2024-18, § 1(Exh. A), 2024)

Applications for commercial development projects located in an Enterprise Zone, as designated by the State of California, normally processed under the Public Hearing Review Procedure in Chapter 5 of Division 2, shall be processed under the Staff Review With Notice Procedure in Chapter 4 of Division 2.

(Ord. 2024-18, § 1(Exh. A), 2024)

Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.

TABLE 9-4-2.1 USES IN COMMERCIAL ZONES

1 Applies within Specific Plan III area of Mountain House.

TABLE 9-4-2.2 TEMPORARY USES AND STRUCTURES IN COMMERCIAL ZONES

(Ord. 2024-18, § 1(Exh. A), 2024)