Chapter 9-901 — Use Type Classifications

Editor's note— These updated use type classifications reflect current uses in the County and respond to recently adopted ordinances, such as for veterans' housing, as well as use types established in State law that are protected and must be regulated separately.

9-901.010 - PURPOSE

The intent of this Chapter is to classify uses according to a limited number of use types on the basis of common functional, product, or compatibility characteristics, thereby providing a basis for regulation of uses in accordance with criteria which are directly relevant to the public health, safety, and general welfare. These classifications shall apply throughout this Title.

9-901.020 - CLASSIFICATION RULES

All uses shall be classified according to the use types described in this Chapter. The classifications shall comply with the provisions of this Section.

(a)

Types of Uses Regulated. Only principal uses are included within the Use Type Classification System. Accessory uses and temporary uses are separately defined in Chapter 9-900, Terms and Definitions.

(b)

Typical Uses Within Use Types. The description of use types often contain typical uses classified within that use type. These typical uses are examples and are not meant to include all uses that may properly be classified within the use type.

(c)

Classifying New Uses. New uses shall be classified into use types based upon the description of the use types and upon characteristics similarly classified.

(d)

Classifying Several Uses on the Same Parcel. Each principal use conducted on a single parcel shall be classified separately.

(e)

Capitalization of Use Types. The names of use types are capitalized throughout this Title.

(f)

Relation to Land Use Regulations Tables. These classifications are organized into residential and non- residential groupings and presented alphabetically. In the tables of land use regulations in the 200 Series.

9-901.030 - AUTHORITY AND RESPONSIBILITY

The Zoning Administrator and the Director shall have the following authority and responsibilities with respect to the Use Type Classification System:

(a)

Classifying Uses. The Zoning Administrator and the Director shall have the authority to classify uses according to use types or to determine that a use does not fit under any use type and, therefore, is not permitted.

(b)

List of Uses. The Zoning Administrator and the Director shall develop and maintain an administrative list of common uses and the use types into which they are classified.

(c)

Procedure. The classification of a use for purposes of reviewing an application is an administrative decision without notice and hearing, except that an applicant can appeal the Zoning Administrator's decision pursuant to Section 9-802.150, Time Limit on Approvals.

9-901.040 - RESIDENTIAL USE TYPES

Day Care. The following are the categories of this use type.

Day Care Centers. An establishment licensed by the State of California that provides non-medical care for persons on a less than 24-hour basis other than Family Day Care. This classification includes nursery schools, preschools, and day care facilities for children or adults.

Large Family Day Care. A day-care facility licensed by the State of California that is in the provider's own home and provides care, protection, and supervision for 9 to 14 children for periods of less than 24 hours a day, including children who reside at the home and are under the age of 10. The facility may be in a single unit dwelling, a dwelling unit within a dwelling, a townhouse, or a dwelling unit within a multi-unit residential building.

Small Family Day Care. A day-care facility licensed by the State of California that is in the provider's own home and provides care, protection, and supervision for up to 8 children for periods of less than 24 hours a day, including children who reside at the home and are under the age of 10. The facility may be in a Single Unit Dwelling, a Duplex, or a Multi-Unit Residential building.

Emergency Shelter. A temporary, short-term residence providing housing with minimal supportive services for homeless families or individual persons where occupancy is limited to six months or less. Medical assistance, counseling, and meals may be provided.

Farm Employee Housing. The following are the categories of this use type.

Large. Farm employee housing consisting of more than 36 beds in group quarters used exclusively for farm employees, or more than 12 units or spaces designed for use by a single family or household with one or more farm employees.

Small. Farm employee housing consisting of no more than 36 beds in group quarters used exclusively for farm employees, or 12 units or spaces designed for use by a single family or household with one or more farm employees.

Group Residential. Shared living quarters with shared bathroom facilities for each room or unit, offered for rent for permanent or semi-transient residents on a weekly or longer basis. This classification includes rooming and boarding houses, dormitories and other types of organizational housing, private residential clubs, and extended stay hotels intended for long-term occupancy (30 days or more) but excludes Hotels and Motels, and Residential Care Facilities.

Congregate Housing. A residential facility with shared kitchen facilities, which may be restricted for occupancy by low- or moderate-income households, designed for occupancy for periods of six months or longer, and providing services that may include meals, housekeeping, and personal care assistance as well as common areas for residents of the facility.

Senior Group Residential. A residential facility that provides residence for a group of senior citizens with a central kitchen and dining facilities and a separate bedroom or private living quarters.

Mobile Home Park. An area or tract of land where two or more lots are rented or leased to accommodate manufactured homes or mobile homes that is not used to provide employee housing or housing for the landowner.

Residential Care Facility. Facilities licensed by the State of California that provide 24-hour primarily non- medical care permanent living accommodations for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not-for-profit institutions, including convalescent facilities, group homes for minors, persons with disabilities, people in recovery from alcohol or drug additions, rehabilitation facilities, and hospice facilities.

Large. A State-licensed Residential Care Facility licensed by the State of California providing care for seven or more persons or a hospice that provides residential living quarters for more than six dependent persons.

Small. A State-licensed Residential Care Facility licensed by the State of California providing care for six or fewer persons or a hospice that provides residential living quarters for up to six dependent persons.

Senior. A State-licensed facility that provides housing chosen voluntarily by senior citizens, the citizen's guardian, conservator or other responsible person, where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. This classification includes continuing care retirement communities and life care communities licensed for residential care.

Residential Housing. The following are the categories of this use type.

Bungalow Court. Single-Unit Dwellings on individual lots arranged around a common, shared courtyard that is wholly open to the street.

Duplex. A single building on a lot that contains two dwelling units. This use is distinguished from a Second Dwelling Unit, an Accessory Dwelling Unit, or a Junior Accessory Dwelling Unit.

Multi-Unit Residential. Three or more attached dwelling units on a site or lot. Types of multiple unit dwellings include townhouses, garden apartments, senior housing developments, and multi-story apartment buildings.

Single-Unit Dwelling. One dwelling unit located on a single lot and that is not attached to any other primary dwelling unit (see Duplex). This classification includes individual manufactured housing units installed on a foundation and classified as real property.

Single Room Occupancy. A residential facility where living accommodations are individual secure rooms, with or without separate kitchen or bathroom facilities for each room and a maximum floor area of 350 square feet, that are rented to one or two-person households on a weekly or monthly basis. This use classification is distinct from a Transient Lodging, which is a commercial use type, and Supportive Housing, which offers services for residents.

Supportive Housing. Dwelling units with no limit on length of stay, that are occupied by the target population as defined in the California Health and Safety Code, and that are linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, where possible, work in the community.

Transitional Housing. Dwelling units configured as rental housing developments but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient.

Veterans Supportive Housing. Dwelling units designed and operated specifically for occupancy by veterans.

9-901.050 - NON-RESIDENTIAL USE TYPES

Adult Business. Any commercial activity, whether conducted intermittently or full time, which primarily involves the sale, display, exhibition or viewing of books, magazines, films, videos, photographs, or other materials, distinguished or characterized by an emphasis on matter depicting, describing or relating to human sex acts, or by an emphasis on genitals, buttocks or breasts. Such activity includes adult bookstores, adult arcades, adult entertainment, adult movie theaters, sexual encounter establishments, adult cabarets, and adult theaters, which exclude minors.

Aerial Facility. Public or private facilities for commercial aviation, general aviation, or specialty services. The following are the categories of this use type.

Agricultural. A landing strip or heliport for agricultural crop dusting that is not available for public use and has no commercial service operations for general aviation.

Airfield. A privately-owned landing strip or heliport which may be for personal use or reserved for the owners or tenants of units within a specific development, industrial area, or institution.

Commercial Airport. A public facility for commercial and general aviation aircraft take-off and landings and helicopter take-off and landings, including appurtenant areas for airport buildings, aircraft operations, and related facilities (aprons and taxiways, control towers, passenger terminals, storage hangers, safety lights, and structures). Public airports may include aircraft sales and dealerships, retail sales, professional and personal services, hotels and motels, restaurants and bars, and other similar commercial uses serving the air-traveling public and airport employees.

Agricultural Excavation. The removal or recovery by any means of soil, rock, or organic substances for farming activities. This classification is distinct from Quarry Operations. The following are the categories of this use type.

Small. Excavation of less than 100,000 cubic yards.

Large. Excavation of 100,000 cubic yards or more.

Agricultural Sales. Establishments engaged in the sale of agricultural supplies such as feed, grain, and fertilizers, but excludes uses classified under the Produce Sales and Nursery Sales use types. The following are the categories of this use type.

Agricultural Chemical Sales. The sale and on-site storage of agricultural chemicals and pesticides for farm production purposes. Typical uses include establishments engaged in the sale of fertilizers and pesticides.

Feed and Grain Sales. The sale of feed and grain and the accessory sale of garden fertilizers and other chemicals sold in small quantities which are classified for home garden use. Typical uses include feed and grain stores.

Agricultural Warehousing. The storage of raw and bulk farm products and processed food products on a fee or contract basis, including refrigerated storage. Typical uses include storage of grains, beans, meats, milk products, cheese, and wine.

Animal Care, Sales, and Services. Retail sales and services related to the boarding, grooming, and care of animals. The following are the categories of this use type.

Boarding and Breeding. The provision of shelter and care of animals on a commercial basis, including keeping, feeding, exercising, grooming, training, breeding, and incidental medical care. This classification includes animal rescues, kennels, pet motels, and shelters, but excludes Stables, which are separately classified.

Large. Facilities for 10 or more dogs, cats, and other domesticated animals.

Small. Facilities for less than 10 dogs, cats, and other small, domesticated animals.

Grooming and Sales. Retail sales and services of dogs, cats, birds, and similar domestic animals, including grooming, on a commercial basis. Typical uses include dog bathing and clipping salons, pet grooming shops, pet supply stores, and temporary boarding of domestic animals for a maximum period of 48 hours completely within a structure. This classification excludes dog walking and similar pet care services not performed at a fixed location.

Stable. A boarding and training facility for horses. A horse stable may include, but is not limited to, a feed room, a dressing room, a tack room, a staff area, watering place, and may permit ancillary horse shows.

Veterinary.Medical and health services for animals. Grooming and temporary boarding of domestic animals may be included if incidental to the hospital use. This use type excludes Animal Boarding.

Large Animal. Establishments providing services for large animals such as cattle and sheep, or horses. Typical uses include cattle spraying operations, sheep dipping and sheering services, and veterinary offices for livestock.

Small Animal. Establishments providing services for household pets, such as dogs and cats. Typical uses include veterinary offices, pet clinics, and animal hospitals.

Animal Feeding and Sales. Temporary holding of livestock on a fee or contract basis preparation for slaughter, market, shipping, or sales. Typical uses include livestock auction yards, stockyards, animal sales yards, and feedlots for cattle, hogs, or sheep.

Animal Raising. Any establishment engaged in the raising of animals but excludes animals commonly raised as pets. The following are the categories of this use type.

Exotic. Raising animals generally considered as wild or not normally domesticated for commercial purposes or personal use This category includes chinchilla farms, fox farms, and game farms.

Family Food Production/Education. Raising animals for family food production or education. Typical uses include 4H or FFA.

General. Raising animals for personal use, for animal products, or for commercial purposes, but excluding uses classified under other Animal Raising use types. Typical uses include farms or ranches raising cattle, horses, sheep, goats, chickens, and fowl.

Hogs. Raising hogs for breeding purposes or meat production in numbers large enough to constitute a hog farm.

Other. Raising animals not elsewhere classified. Including small animal farm or poultry farm, or raising aquatic animals, for either breeding purposes or for meat, fish, or egg production. Typical uses include chicken farms, turkey farms, duck farms, pigeon farms, fish and frog farms, fish hatcheries, and rabbit farms.

Artist's Studio. Workspace for an artist or artisan, including individuals practicing arts or crafts. It does not include joint living and working units (see Live-Work).

Large. The workspace may include use of large tools and equipment, such as for custom metal fabrication and woodworking and incidental display and retail sales of items produced on the premises and instructional space for small groups of students

Small. Small-scale, custom art production that is generally done by hand and of a low impact. Typical uses include painting, photography, jewelry, textile, and pottery studios.

Assembly. Facilities for public or private events, including meetings and related activities. The following are the categories of this use type.

Community. Facilities for public and private events and community meetings, including functionally-related space, such as kitchens, multi-purpose rooms, and storage.

Veteran and Service Organizations. Facilities for members and their guests but not open to the public at large. These facilities may serve food, meals, and alcoholic beverages. This classification includes Veterans of Foreign Wars, The American Legion, Disabled Veterans, Am Vets, Rotary, and Masonic Lodges.

Religious. Facilities for religious services and activities involving public assembly. Typical uses include churches, synagogues, and temples.

Auction Sales. The sale of merchandise by auction but excludes the sale of food products and animals. Typical uses include antique, automotive, equipment, and art auction houses.

Indoor. Typical uses include antique and art auctions contained within a structure.

Outdoor. Typical uses include open air auto and equipment auctions.

Automotive Sales and Services. Establishments or places of business primarily engaged in automotive- related sales or services. The following are the categories of this use type.

Rentals. Rental of automobiles and light trucks. Typical uses include car rental agencies and truck rental leasing without drivers.

Repairs, Limited. Repair services for automobiles and light trucks conducted within an enclosed building, and the sale, installation, and servicing of automobile equipment and parts. Typical uses include muffler shops, automobile repair garages, wheel and brake shops, automobile glass shops, car alarm, navigation, and vehicle radio installation and repair, tire sales and installation, and minor tire repairs. Excluded are uses included under the Automobile Repairs, Major category.

Repairs, Major. Repair of automobiles, trucks, motorcycles, and recreational vehicles including incidental sale, installation, and servicing of related equipment and parts. This classification includes auto repair shops, body and fender shops, transmission repair, and vehicle painting, but excludes vehicle dismantling or salvaging.

Sales. The sale or leasing of automobiles and light and medium trucks, including storage and incidental maintenance and repair.

Washing/Detailing. Washing and polishing of automobiles and light trucks. Typical uses include car washes and auto detailers.

Towing and Impound. Parking or storage of operable vehicles by a towing or impound service. This use type includes storage of parking towaways, impound yards, and storage lots for buses and recreational vehicles, but does not include vehicle dismantling (see Salvage and Wrecking) and Vehicle Storage under Warehouse, Storage and Distribution).

Carbon Capture and Sequestration. The process of capturing and storing atmospheric carbon dioxide.

Hauling and Transfer. Facilities operated by private companies doing hauling and transfer of carbon emissions, including temporary storage of atmospheric carbon dioxide.

Storage and Processing. Long-term storage and processing of atmospheric carbon dioxide.

Catering and Delivery.A business that prepares and delivers food for off-site consumption. Typical uses include catering services and commercial kitchens with on-call and delivery services. This classification does not include businesses involved in the processing or manufacturing of wholesale food products or restaurants (See Agricultural Industry, Limited Industry, and Eating and Drinking Establishments).

Cinema/Theater. Facilities for indoor display of films and motion pictures and theatrical spaces designed and used for entertainment, including plays, comedy, and music.

Commercial Cannabis. Any commercial cannabis activity for which a commercial cannabis license is required. The following are the categories of the Commercial Cannabis use type:

Cultivation. The Cannabis Cultivation use type refers to any activity allowed pursuant to a Cultivator License. Such activities may only be performed by a person with a valid Cultivator License issued by the County pursuant to Title 4, Division 10, Chapter 1. No outdoor cannabis cultivation shall be permitted.

Distribution. The Cannabis Distribution use type refers to any activity allowed pursuant to a Distributor License. Such activities may only be performed by a person with a valid Distributor License issued by the County pursuant to Title 4, Division 10, Chapter 1.

Manufacturing. The Cannabis Manufacturing use type refers to any activity allowed pursuant to a Manufacturer License. Such activities may only be performed by a person with a valid Manufacturer License issued by the County pursuant to Title 4, Division 10, Chapter 1.

Non-storefront Retail Sales. The Cannabis Retail Sales use type refers to any activity allowed pursuant to a Retailer License, including a delivery service. Such activities may only be performed by a person with a valid Retailer License issued by the County pursuant to Title 4, Division 10, Chapter 1.

Laboratory Testing. The Cannabis Laboratory Testing use type refers to any activity allowed pursuant to a Testing Laboratory License. Such activities may only be performed by a person with a valid Testing Laboratory License issued by the County pursuant to Title 4, Division 10, Chapter 1.

Communication Facility. Facilities for the provision of broadcasting, wireless communications, and other information relay services using electronic and telephonic mechanisms.

Tower. Broadcasting and other communication services accomplished through electronic or telephonic mechanisms, as well as structures and equipment cabinets designed to support one or more reception/transmission systems. Typical uses include wireless telecommunication towers and facilities, radio towers, television towers, telephone exchange/microwave relay towers, and associated equipment cabinets and enclosures.

Building-Related. Includes telephone switching centers, internet server facilities, and building solely devoted to wireless communications facilities. Radio and television studies are classified as Offices.

Co-Location. Wireless communications facilities that integrated into or are attached to buildings (co- locations) but excludes uses classified as Towers.

Community Garden. An area of land managed and maintained by a public or non-profit organization or a group of individuals to grow and harvest food, flowers, or herbs and related medicinal crops, excluding cannabis. Community gardens may be farmed as separate plots collectively by members of the group and may include common areas maintained and used by group members. This use type includes the accessory sale of produce and flowers produced on-site.

Construction Services. The following are the categories of this use type.

General. A business engaged in construction of buildings, public facilities, or infrastructure. This use types includes general and trade contractors, building contractors, landscape contractors, sign contractors, and indoor storage services, including contracting for plumbing, heating, electrical, and air conditioning.

Heavy Infrastructure. Includes general and trade contractors engaged in heavy construction other than buildings, such as highway and street construction; water, sewer, and pipeline construction; and bridge and tunnel construction

Outdoor Storage. Includes storage of construction and landscaping materials and construction equipment on a site other than a construction site, including scrap materials used for repair and maintenance of contractor's own equipment; and buildings or structures for uses such as repair facilities. This use type does not include lumber yards (see Building Materials and Services under Retail Sales).

Correctional or Detention Facility. Institutions for the confinement and correction of offenders sentenced by a court. This use type includes county jails, federal and state prisons, and secure re-entry facilities, but does not include facilities at a police department or sheriff's office for temporarily holding persons taken into custody prior to release or transfer to another confinement facility. The use does not include halfway houses or residential drug rehabilitation facilities.

Crop Production. The Crop Production use type refers to growing plant crops for private or commercial purposes in fields or orchards. Typical uses include growing field crops, fruit or nut trees, and vineyards. The use also includes greenhouses and containerized crop production and associated crop preparation services and harvesting activities. This classification does not include Produce Sales, Commercial Cannabis Cultivation, or Industrial Hemp Production.

Cultural Institution. A facility for the preservation and exhibition of objects of permanent interest in the arts and sciences, and library collections of books, manuscripts, and similar materials for study and reading. This use type includes museums and museum-like buildings; buildings for cultural institutions of a charitable or philanthropic nature; and accessory uses, such as art galleries, zoos, and botanical gardens.

Dairies and Creameries. Facilities for collecting and processing milk from animals, which may include making cheese and other dairy products, and temporarily storing the milk and dairy products prior to sale. Typical uses include cow dairy farms, goat dairy farms and creameries associated with a dairy.

Eating and Drinking Establishment. Businesses primarily engaged in the selling and serving of prepared food and beverages for consumption on or off premises. Typical uses include restaurants, bars, brewpubs, and tasting rooms, but excludes adult entertainment. The following are the categories of this use type.

Bar.Licensed establishment that sells beer, wine, and distilled spirits for consumption on the premises but does not necessarily sell food. This use type includes licensed bars, brewpubs and tasting rooms. This classification does not include Wine Facilities.

Restaurant, Full Service. A licensed establishment providing food and beverage services to patrons who order and are served while seated. Take-out service may also be provided. Full-service restaurants include eating places that may be authorized to sell beer, wine, and distilled spirits for consumption on-site.

Restaurant, Limited Service. An establishment where food and beverages is consumed on the premises, taken out, or delivered, and where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, drive-in and fast-food restaurants, ice cream parlors, sandwich shops, limited-service pizza parlors, self-service restaurants, and snack bars with indoor or outdoor seating for customers. Limited-service restaurants include eating places that may be authorized with a State license to sell, beer, wine, and distilled spirits for consumption on-site.

Educational Services. Institutions providing educational services.

College. Accredited institutions of higher education, including public and private colleges providing curricula of a general, religious, or professional nature, including conference centers and academic retreats associated with such institutions. This classification includes junior college. These facilities typically offer classrooms, laboratories, and staff offices within a shared office building, often containing typical business and professional office suites. This classification may include student housing (e.g., dormitories, fraternities, multi-family housing, or sororities), administrative centers, student unions, libraries, and cafeteria facilities. It does not include Trade Schools, which are separately classified.

School. Facilities for primary or secondary education, including public schools, charter schools, and private and parochial schools. This classification is distinguished from Colleges, Instructional Services, and Trade Schools, which are listed separately.

Trade School. Public or private institutions teaching specific skills or trades. This classification includes business and computer schools, management training, technical and trade schools, but excludes personal instructional services such as music lessons. These facilities typically offer classrooms, laboratories, and staff offices within a shared office building, often containing typical business and professional office suites and conference centers and academic retreats associated with such institutions. This classification may include ancillary uses such as an administrative center, library, and cafeteria.

Equipment Sales, Repair, and Storage. Establishments that sell, rent, service, repair, or store equipment. The following are the categories of this use type.

Aircraft. The sale, rental, servicing, and repair of aircraft. Typical uses include aircraft dealers.

Farm Machinery, Sales. The sale, rental, and minor, incidental repair of farm machinery. Typical uses include tractor sales yard.

Farm Machinery, Repair. The repair of farm implements and equipment. Typical uses include welding shops and tractor repair shops.

Heavy Equipment, Sales. Sale of heavy construction equipment or major facility equipment such as large- scale furnaces or boilers. Typical uses include bulldozer or crane sales yards.

Heavy Equipment, Repair. Repair of heavy construction equipment or major facility equipment like large- scale furnaces or boilers. Typical uses include bulldozer or crane repair shops.

Leisure, Sales and Repair. Sale/rental, servicing, and repair of boats, trailers, recreational vehicles, and mobile homes. Typical uses include recreational vehicle dealers, boat dealers, and mobile home dealers.

Leisure, Storage. Storage of boats, trailers, recreational vehicles, and mobile homes. Typical uses include storage lots for recreational vehicle dealers, boat dealers, and mobile home dealers.

Small Equipment Rental. Establishment engaged in rental of equipment, such as medical devices and party equipment to individuals and businesses, and whose activities may include storage and delivery of items to customers.

Farm Services. Services provided to farming operations on a fee or contract basis. Typical services include administrative or farm headquarters offices, contract harvesting done primarily by machine, soil preparation, planting crops, and the storage of semi-trucks exclusively used for contract harvesting, farm equipment, and material for said services. This use type excludes uses classified as Equipment Sales, Repair, and Storage - Farm Machinery, Sales or Repair.

Freight and Truck Terminals. Facilities for freight, courier, and postal services. This classification does not include local messenger and local delivery services (see Light Fleet-Based Services) and Liquefied Natural Gas (LNG) Truck Fueling Stations.

Fuel Sales. An establishment selling gasoline or alternative fuels, which may include the sale of related items and services. The following are the categories of this use type.

Automotive. Diesel and gasoline sales for automotives.

Automotive, Alternative. A facility offering motor vehicle fuels not customarily offered by commercial refueling stations. Typical uses include Liquefied Natural Gas fueling stations.

Recharging Facility. A facility offering equipment to recharge electric-powered vehicles. Trucks. Diesel and gasoline sales for trucks.

Trucks, Alternative. A facility offering truck fuels not customarily offered by commercial refueling stations. Typical uses include Liquefied Natural Gas fueling stations.

Funeral/Interment Services. An establishment providing services involving the care, preparation, or disposition of human remains for burial including arranging and managing funerals. This use type includes cemeteries and crematories.

Cemetery. Establishments engaged in operating sites or structures reserved for the interment of human or animal remains, including columbariums, mausoleums, burial places, crematories, and memorial gardens. A cemetery may be publicor private.

Crematory. A State-licensed establishment offering services for the cremation of a human body.

Mortuary. A State-licensed funeral establishment offering services for the preparation and arrangement of funerals, transportation, burial, and other disposition of human remains.

Government Building. Administrative, clerical, or public offices of a government agency, including postal facilities and courts, along with incidental storage and maintenance of vehicles. This classification excludes corporation yards, equipment service centers, and similar facilities that primarily provide maintenance and repair services and storage facilities for vehicles and equipment (see Utilities, Major).

Industrial Hemp Production. The Industrial Hemp Production use type refers to a County-licensed facility for the cultivation of industrial hemp, which may be indoors or outdoors.

Industry. The following are the categories of this use type:

Agricultural, Light. Facilities used for processing agricultural crops, with the intent of preparing them for market or further processing. Typical uses include: alfalfa cubing; bean cleaning; corn shelling and sorting; canning of fruits and vegetables; custom milling of flour, feed, and grain; sorting, grading and packing of fruit and vegetables; tree nut hulling and shelling; and support services related to these activities.

Agricultural, Heavy. Facilities used for manufacturing agricultural crops and products. Typical uses include: breweries; canning of fruits and vegetables; cheese manufacturing; manufacturing of food oil; slaughter houses; manufacturing of food and prepared meat products; and support services related to these activities

Limited. Establishments engaged in light industrial activities taking place primarily within enclosed buildings and producing minimal impacts on nearby properties. This classification includes manufacturing finished parts or products primarily from previously prepared materials; commercial laundries and dry cleaning plants; monument works; printing, engraving and publishing; computer and electronic product manufacturing; furniture; and related product manufacturing; visual arts and communications media production facilities; and support services related to these activities. For more intensive or extensive industrial uses, see General Industry.

General. Manufacturing of products from extracted or raw materials or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes the manufacturing of apparel; leather and allied products; wood products; paper; chemicals; plastics and rubber products metal; fabricated metal products; automotive and heavy equipment; bulk concrete; prefabricated concrete products; ready-mix concrete; lime products; and gypsum products, such as plasterboard. This classification excludes Biomass Conversion Facilities, which are separately classified under Renewable Energy.

Instructional Services. Services for the purpose of personal enrichment. Typical uses include classes or instruction in dance, music, health, athletics, art, or academic tutoring. Instructional Services includes

rehearsal studios as an accessory use. This use type excludes traditional educational services (see Colleges, Trade Schools and Schools, Public or Private).

Landfill. A disposal site employing an engineered method of disposal of solid wastes that minimizes environmental hazards by spreading, compacting to the smallest volume practical, and applying cover material over all exposed wastes. Typical uses include sanitary landfills and land disposal facilities for hazardous wastes.

Light Fleet-Based Services. Passenger transportation services, local delivery services, medical transport, and other businesses that rely on fleets of vehicles. This classification includes parking, dispatching, and offices for taxicab and limousine operations, bus services, ambulance services, non-emergency medical transport, local messenger and document delivery services, home cleaning services, and similar businesses. This classification does not include towing operations (see Automobile Sales and Service, Towing and Impound) or taxi or delivery services with two or fewer fleet vehicles on-site (see Retail Sales and Services - Business Services).

Live-Work Unit. A unit that combines a workspace and residential occupancy in a structure that has been constructed for residential use or converted from commercial or industrial use and structurally modified to accommodate residential occupancy and work activity in compliance with the Building Code. The working space is reserved for and regularly used by the resident occupants.

Major Impact Services. Land intensive activities that must be located away from residences or concentrations of people due to the magnitude or nature of the operation's impacts on the surrounding environment.

Marina. Facilities for the docking of boats and related accessory uses, including boat rentals, boat repairs, boat fueling facilities, retail sales with alcoholic beverage sales and rentals of marine supplies and equipment, full service or limited restaurants, and a harbor master's office. Typical uses include recreational boat marinas, boat rental establishments, and boat launch pads.

Medical Services. State-licensed facilities providing medical, surgical, mental health, or emergency medical services. This classification includes facilities for inpatient or outpatient treatment, including substance- abuse programs, as well as training, research, and administrative services for patients and employees. The following are the categories of this use type.

Hospital. An in-patient facility providing medical, surgical, mental health, or related services including ancillary facilities for outpatient and emergency treatment, clinics, diagnostic services, training, research, administration, and services to patients, employees, or visitors.

Clinic. A facility providing medical, mental health, or surgical services exclusively on an out-patient basis, including emergency treatment, diagnostic services, administration, and related services to patients who are not lodged overnight. Services may be available without a prior appointment. This classification includes licensed facilities offering substance abuse treatment, blood banks, plasma, dialysis centers, and emergency medical services offered exclusively on an out-patient basis.

Skilled Nursing Facility. A State-licensed facility or a distinct part of a hospital that provides continuous skilled nursing care and supportive care to patients whose primary need is for the availability of skilled nursing care on an extended basis. These facilities provide 24-hour inpatient care and include physician and

nursing services with ancillary dietary, pharmaceutical, and activity program services. This classification includes intermediate care programs that provide skilled nursing and supportive care for patients.

Nursery Sales and Landscaping Services. Establishments primarily engaged in selling nursery and garden products including trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere, or offering landscaping services. Fertilizer and soil products are stored and sold in packaged form. This classification includes wholesale and retail nurseries and landscape service contractors.

Offices. Offices of firms, organizations, or public agencies providing professional, executive, management, administrative or design services, such as accounting, architectural, computer software design, engineering, graphic design, interior design, investment, and legal offices. This classification also includes banks, check cashing facilities, employment agencies, insurance agent offices, real estate offices, travel agencies, utility company offices, and offices for elected officials, and offices in a mixed use building for medical and dental services provided by physicians, dentists, chiropractors, acupuncturists, optometrists, and similar medical professionals but excludes Laboratories and Medical Services.

Parks and Open Space. The following are the categories of this use type.

Park. Outdoor areas used for recreational activities that involve large amounts of open space with minimal development and specialized facilities, such as picnic areas, boat docks, boat ramps, and fishing piers. Typical uses include neighborhood, community, regional parks, and regional sports complexes with softball and soccer fields. See Recreation Facilities for commercial recreation uses.

Wildlife Preserve. Outdoor areas used for limited impact recreational activities such as hiking, picnicking, and fishing, which involve large amounts of land in its agricultural or natural state. A preserve may include wildlife habitat and wetlands areas.

Parking Facility. A publicly or privately owned lot or structure where parking for passenger vehicles is offered to the public when such use is not incidental to another activity.

Personal Services. Establishments offering a variety of services to individuals. The following are the categories of this use type.

General. Provision of recurrently needed services of a personal nature. This classification includes barber shops and beauty salons, seamstresses, tailors, dry cleaning agents (excluding large-scale bulk cleaning plants), shoe repair shops, self-service laundries, photocopying and photo finishing services, tattoo or body modification parlors, and travel agencies mainly intended for the consumer. This use type excludes gyms and similar types of training and instruction facilities.

Massage Establishment. Any establishment that provides massages and health treatments involving therapeutic massages as regular functions.

Health and Fitness Facility. A commercial fitness center, gym, exercise club, health and athletic club, or studio offering martial arts, physical exercise, yoga training and similar types of instruction to classes, small groups, or individuals. The facility may include exercise machines, weight training equipment, group exercise rooms, sauna, spa or hot tub facilities, indoor tennis, handball, racquetball, other indoor sports activities, and indoor or outdoor pools.

Petroleum and Gas Extraction. Facilities for the extraction of oil and natural gas from the ground and the temporary storage of oil at the well site. Typical uses include oil and gas wells.

Produce Sales. The sale of produce and agricultural products, including shell eggs, as the primary economic activity of produce stands, agricultural stores, and farmers' markets. The following are the categories of this use type.

Agricultural Store, Small. An establishment that sells produce, agricultural food products in a space within a building that does not exceed 1,500 square feet where a maximum of 25 percent of the store's floor area or 250 square feet, whichever is greater, may be used for retail sales of packaged foods, alcoholic and non- alcoholic beverages, crafts, prepared food, and merchandise.

Agricultural Store, Large. An establishment that sells produce, agricultural products, prepared food and limited retail merchandise in a space that exceeds 1,500 square feet in size with a maximum of a maximum of 25 percent of the store's floor area or 500 square feet, whichever is greater, for retail sales of packaged foods, non-alcoholic beverages, crafts, prepared food, and merchandise. Food preparation areas are not counted as part of the retail sales area.

Farmers' Market, Certified. An outdoor market without permanent structures for direct retail sales by farms to the public, which is certified by the State or County Agricultural Commissioner. This use type may include sale of handmade and craft items.

Produce Stand. A small agricultural stand for the sale of produce, cut flowers, or shell eggs that are grown or raised in the County in a space that does not exceed 750 square feet.

Public Safety Facility. A facility for public safety and emergency services, including police and fire protection, with incidental storage, training, and maintenance facilities. This use includes facilities used by the armed services, law enforcement and fire departments.

Quarry Operations. The extraction and processing of rocks and minerals from the ground, excluding uses classified under the Petroleum and Gas Extraction use type. Typical uses include sand and gravel pits, metal mining, and coal mining.

Recreation Facility. Establishment engaged in the provision of participant or spectator entertainment or recreation to the public or reserved for members of an organization. The following are the categories of this use type.

Campground. Areas and services for campsites, accommodating either tents or camping vehicles, which are used by the public as temporary living quarters for recreational purposes. Typical uses include recreational vehicle campgrounds and group tent campgrounds.

Large-Scale Outdoor Facility. This classification includes large outdoor recreation and entertainment facilities, such as amusement and theme parks, sports stadiums and arenas, racetracks, amphitheaters, drive-in theaters, driving ranges, large tennis club facilities, miniature golf courses.

Large-Scale Indoor Facility. This classification includes large indoor facilities on two acres or more, such as multi-purpose fitness centers, gymnasiums, handball, racquetball, or indoor tennis club facilities; ice- or roller-skating rinks; swimming or wave pools; bowling alleys; and indoor archery or shooting ranges.

Outdoor Sports. Sports using open space or agricultural land. Typical uses include duck clubs, hunting clubs, skeet clubs, gun and rifle ranges, fishing, golf courses, equestrian show facilities, off-highway motor vehicle recreation, paintball facilities, and outdoor archery ranges.

Resort. A facility for transient guests where the primary attraction is generally recreational features or activities. Typical uses include summer camps, dude ranches, and health spas.

Small-Scale Facility. This classification includes small, generally indoor facilities that occupy less than two acres, such as billiard parlors, card rooms, game arcades, small tennis club facilities, poolrooms, and amusement arcades. It also includes small outdoor playing or practice areas for individual sports operated on a commercial basis.

Recycling Facility. Collection, recycling, or processing of materials or items. The following are the categories of this use type.

Agricultural. Facilities used exclusively for the recycling of materials generated from production of agricultural activities, including plastic sheeting used for soil fumigation or covering of silage, plastic pipe used for irrigation systems, or similar products used in agriculture.

Sorting. A sorting point for recyclable materials such as paper, metal, plastic, and glass that are dropped off or collected.

Processing. An industrial facility where recycled materials are processed into new materials or products.

Renewable Energy. The following are the categories of this use type.

Biomass Conversion. Bioenergy facilities to produce heat, fuels, or electricity by the controlled combustion of, or the use of other non-combustion thermal conversion technologies on specific materials when separated from other solid waste. Materials used for biomass conversion include agricultural crop residues, bark, yard, lawn and garden clippings, leaves, silviculture residue, tree and brush pruning, wood, wood chips, wood waste, nonrecyclable pulp, and nonrecyclable paper materials.

Small-Scale Solar Energy System. A device or devices with accessory equipment or structures that converts solar energy into electrical or thermal energy primarily for on-site use. A small-scale solar energy system may be affixed either to the ground or to a structure. Energy generated by a small-scale solar energy system that exceeds the on-site energy demand may be used off-site. This use types excludes Residential Solar Energy Systems, Small, which are classified as an accessory use to a single unit dwelling or duplex dwelling.

Small-Scale Wind Energy System. A tower-mounted wind turbine with accessory equipment or structures that converts wind energy into electrical energy primarily for on-site use. A small-scale wind energy system may be affixed either to the ground or to a structure. Such system has a rated capacity of no more than 50 kilowatts. Any excess energy not used on-site may be used offsite.

Utility-Scale Solar Energy Facility. An array of solar modules or panels affixed to the ground or mounted on structures with accessory equipment that converts solar energy into electrical or thermal energy primarily for off-site use.

Utility-Scale Wind Energy Facility. A tower or towers with one or more wind turbines and any accessory equipment or structures that converts wind energy into electrical energy primarily for off-site use or exceeds

a rated capacity of 50 kilowatts.

Repair Service. Establishments engaged in the maintenance or repair of small appliances and furniture such as computers, office machines, household appliances, tables and chairs, and similar small items.

Research and Development. Establishments engaged in basic or applied research or the development of high technology products and related services. The following are the categories of this use type.

High Technology. An establishment for scientific research and the design, development, testing, and production testing of digital, electrical, electronic, magnetic, and chemical materials and products, including visible and infrared optical components and biotechnology.

Laboratory. An establishment providing commercial laboratory facilities for contract research or dental or medical services or an establishment providing analytical, photographic, optical, pharmaceutical, or testing services. This classification includes soils and materials testing laboratories.

Retail Sales and Services. The following are the categories of this use type.

Alcoholic Beverage Sales, Off-Premises. A retail establishment licensed by the State Department of Alcoholic Beverage Control to sell alcoholic beverages for off-site consumption. This use type includes stores operating under a license authorizing sale of distilled spirits, beer, wine, and other alcoholic beverages for consumption off the premises and stores operating under a license authorizing sale of beer and wine for consumption off the premises. This classification does not include Wine Facilities.

Building Materials and Supplies. Sales or rental of building supplies or equipment, paint, fixtures, hardware, or other materials and equipment used in the construction of buildings. This classification generally involves large outdoor storage areas and includes incidental sales of plants and garden supplies, lumberyards, and tool and equipment sales or rental establishments. This definition does not include Construction Services, Yards, small hardware and garden supply stores classified as General Retail Sales, and freestanding Nursery Sales and Garden Centers.

Business Services.The business services use type refers to establishments primarily engaged in the provisions of goods and services to other businesses, including clerical, employment, equipment rental, custodial, and janitorial services. Typical uses include secretarial services, quick-printing services, blueprint services, and taxi or delivery services with two or fewer vehicles on-site.

Convenience Store. A retail store that carries a range of merchandise oriented to daily convenience and travelers' shopping needs, including a limited line of groceries, prepackaged food items, tobacco, magazines, and other household goods, primarily for off-premises consumption. Alcohol may also be permitted for sale if Retail Sales and Services - Alcoholic Beverage Sales, Off-Premises is permitted in the same zone or if operated in conjunction with Fuel Sales.

Market. A retail store selling food and beverages for off-site preparation or consumption. This use may also include bakeries and the provision of other services (e.g., banks, copy services, dry cleaners, film processing, food take-outs, pharmacies, etc.) under one roof. The use includes neighborhood grocery stores selling fresh fruits, vegetables, and other items for off-site preparation and consumption. Including alcoholic beverages.

General.A retail store offering a broad range of merchandise, which may include goods not specifically listed under another use classification. This classification includes department stores, clothing stores, furniture stores, small hardware and garden supply stores, pawn shops, secondhand stores, and businesses retailing goods. Retail sales may be combined with repair services.

Mobile Food Vendor, On-Premises. Commercial vending of food and beverages from vehicles parked on- premises that provide outdoor seating and restrooms.

Salvage and Wrecking. Storage and dismantling of scrap metal products and vehicles and equipment for sale of parts, as well as their collection, storage, exchange or sale of goods including, but not limited to, any used building materials, used containers or steel drums, used tires, and similar or related articles or property.

Signs, Off-Premises. The Off-Premises Signs use type refers to signs which direct attention to businesses, commodities, services, or entertainment which are conducted, sold, or offered at a location different from that of the sign. Typical uses include billboards.

Social Service Center. Facilities providing a variety of supportive services for disabled and homeless individuals and other targeted groups on a less-than-24-hour basis. Examples of services provided are counseling, meal programs, personal storage lockers, showers, instructional programs, television rooms, and meeting spaces. This classification is distinguished from licensed day care centers (See Day Care Center), clinics (see Medical Services, Clinic), and emergency shelters providing 24-hour or overnight care (See Emergency Shelter).

Soil Replacement and Stockpiling. Replacement or stockpiling of clean fill brought on-site from off-site sources in excess of 250,000 cubic yards. Excludes quarry operations and reclamation plans.

Transient Lodging. Transient lodging refers to establishments primarily engaged in the provision of lodging services with incidental food, drink and other sales and services intended for the convenience of guests. The following are the categories of this use type.

Bed and Breakfast. A dwelling containing a single living unit that serves as the residence for the owner or manager and not more than six guest rooms that, for compensation, provide temporary night to night lodging with or without meals.

Hotel and Motel. An establishment providing temporary lodging to transient patrons. These establishments may provide additional services, such as conference and meeting rooms, restaurants, bars, or recreation facilities available to guests or to the general public. This use classification includes motels, apartment hotels, extended stay hotels, hostels, and tourist courts, but does not include rooming houses, boarding houses, or private residential clubs, or single-room occupancy housing.

Recreational Vehicle Park. A facility that provides short-term rental spaces for recreational vehicles for overnight use with support facilities. Recreational vehicle (RV) parks may include public restrooms, water, sewer, and electric hookups to each lot and are intended as a higher density, more intensively developed use than campgrounds. This use type may include accessory retail uses where they are clearly incidental and intended to serve RV Park patrons only.

Truck Services. Establishments that provide services for the trucking industry, including sales and repair of heavy trucks, trailers, and related equipment. The following are the categories of this use type.

Parking. A commercial operation for the parking or storage of heavy trucks and trailers. Typical uses include truck storage yards.

Repairs. Repair of heavy trucks, including incidental sale, installation, and servicing of related equipment and parts. This classification includes truck repair shops, body repair and painting, transmission repair, wheel and brake services, auto glass services, and installation of alarms, radios, and navigation systems.

Sales and Rentals. The sale or rental of heavy trucks, tractors, trailers, and similar equipment, including storage and incidental maintenance and repair. Typical uses include trucker dealerships, truck rental agencies, and truck rental leasing without drivers. For sales of boats, motor homes, and recreation vehicles, see Equipment Sales and Repair, Leisure.

Stop. Truck facilities containing two or more services for the traveling public on the same parcel. Truck stops may include minor servicing and repair of trucks, the direct dispensing of motor fuel, sale of truck accessories, and provision of overnight accommodations and restaurant facilities.

Washing. A commercial operation for cleaning and detailing of trucks and trailers.

Utility. The following are the categories of this use type.

Major. Large-scale operations for public and quasi-public agencies and utilities. Typical uses include electric substations, cogeneration facilities, battery storage facilities, water or wastewater treatment plants, and similar facilities.

Minor. Small-scale operations necessary to support established uses involving only minor structures, such as electrical distribution lines, and underground water and sewer lines. This use type includes small residential rooftop solar energy systems, as defined and regulated by Government Code Section 65850.5.

Warehouse, Storage, and Distribution. Storage and distribution facilities with incidental onsite sales to the public or public storage in small individual spaces exclusively and directly accessible to a specific tenant. Small showrooms may be included as an accessory use. The following are the categories of this use type.

Chemical, Mineral, and Explosives. Storage of hazardous materials including but not limited to bottled gas, chemicals, minerals and ores, petroleum or petroleum-based fuels, fireworks, and explosives.

Indoor. Storage of products within an enclosed building of commercial goods prior to their distribution to wholesale and retail outlets and the storage of commercial and industrial equipment, products, and materials, including but not limited to farm equipment, feed, and lumber and janitorial and restaurant supplies.

Outdoor. Storage of products in an open lot prior to their distribution to wholesale and retail outlets and the storage of commercial and industrial equipment, products, and materials, including but not limited to automobiles, farm equipment, feed, and lumber.

Personal. Facilities offering enclosed storage with individual access for personal effects and household goods including mini-warehouses and mini-storage. This use excludes workshops, hobby shops, manufacturing, or commercial activity.

Vehicle. Indoor or outdoor storage of operable or inoperable vehicles, including automobiles, and trucks. This classification is distinguished from Automobile Sales and Services, Towing and Impound, because it is limited to storage on a voluntary basis.

Waste Facility. Collection, disposal, or processing of materials or items. The following are the categories of this use type.

Agricultural. The storage, stockpiling, sacking, and sale of waste products and by-products from plant crops and animals, and organic materials, including composting operations, but excludes tallow rendering and similar uses requiring additional processing. Typical uses include establishments selling chicken manure, cattle manure, compost from urban yard refuse, or removed grapevines.

Hauling and Transfer. Facilities operated by private companies doing waste hauling and transfer, including storing, sorting and/or processing of solid and liquid waste and recyclable materials.

Water Storage. The intentional collection of water in a tank or reservoir for more than 30 days for later use. This use type excludes the containment by a levee of an island adjacent to tidal waters in the Sacramento- San Joaquin Delta.

Wine Facility. Facilities used for the production or storage of wine, which may also be used for marketing events. The following are the categories of this use type:

Large Winery. A winery that has a minimum production capacity of more than 555 tons of grapes or approximately 100,000 gallons of wine per year.

Medium Winery. A winery that has a minimum production capacity of 201 tons of grapes or approximately 36,000 gallons of wine and a maximum production capacity of 555 tons of grapes or approximately 99,999 gallons of wine per year.

Small Winery. A winery that has a minimum production capacity of 1.1 tons of grapes or approximately 201 gallons of wine and a maximum production capacity of 200 tons of grapes or approximately 36,000 gallons of wine per year.

Off-Site Wine Cellar. A wine cellar involving a structure or area used for the storage of wine. No wine is produced on-site, but these facilities are always associated with a vineyard.

(Ord. No. 4623, § 31, 5-2-2023; Ord. No. 4632, § 29, 6-26-2023; Ord. No. 4671, § 33, 5-13-2025; Ord. No. 4683, § 38, 12-9-2025)

APPENDIX 1 - MOUNTAIN HOUSE DEVELOPMENT TITLE CHAPTER 9-107M - MOUNTAIN HOUSE DEVELOPMENT TITLE

9-107.1M - TITLE—REFERENCE.

Appendix 1, Mountain House Development Title, consisting of this chapter plus the following chapters, shall be known collectively and referred to as the Mountain House Development Title (MHDT).

(Ord. 3813 (part), 1994)

9-107.2M - INTENT.

The intent of the Mountain House Development Title is to add provisions to, or amend provisions of, the development title of San Joaquin County in order to implement the Master Plan, Specific Plans and Special Purpose Plans of the Mountain House Community. In this context, the Mountain House Development Title shall be viewed as an addendum to the development title of San Joaquin County but only with respect to Mountain House.

(Ord. 3813 (part), 1994)

9-107.3M - CONSISTENCY WITH GENERAL PLAN AND MASTER PLAN.

All actions, approvals and procedures taken with respect to, or in accordance with, this Mountain House Development Title shall be consistent with the San Joaquin General Plan and the Master Plan of the Mountain House Community. In the event this Mountain House Development Title becomes inconsistent with the San Joaquin General Plan or any of its elements, or with the Mountain House Master Plan, by reason of adoption of a new General Plan or Master Plan, or by reason of amendment of the existing General Plan or Master Plan, this Mountain House Development Title shall be amended within a reasonable time so as to achieve consistency with said documents.

(Ord. 3813 (part), 1994)

9-107.4M - INTERPRETATION, CONSTITUTIONALITY, AND SEVERABILITY.

(a)

Ambiguities. Unless otherwise provided, any ambiguity concerning the content or application of this Mountain House Development Title shall be resolved by the Director.

(b)

Invalidity. If any section, subsection, sentence, clause or phrase of this Mountain House Development Title is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of the Mountain House Development Title. The Board declares that it would have passed this Mountain House Development Title and every section, subsection, clause and phrase thereof, notwithstanding that one or more sections, subsections, sentences, clauses or phrases declared unconstitutional.

(Ord. 3813 (part), 1994)

9-107.5M - RESTRICTIONS.

It is not intended by the Mountain House Development Title to interfere with, abrogate or annul any easement, covenant, or other agreement between parties. Where the Mountain House Development Title imposes a greater restriction upon the use of buildings or land than are imposed by other ordinances, rules or regulations, or by easements, covenants or agreements, the provisions of the Mountain House Development Title shall prevail, excluding development agreements and any vested provisions in agreements.

(Ord. 3813 (part), 1994)

9-107.6M - NO RELIEF FROM OTHER PROVISIONS.

Except as otherwise specifically provided, no provision of this Mountain House Development Title shall be construed as relieving any party to whom a development approval has been issued from any other provision of State or Federal law or from any provision, ordinance, rule or regulation of the County requiring a license, franchise or permit to accomplish, engage in, carry on or maintain a particular business, enterprise, occupation, transaction, or use.

(Ord. 3813 (part), 1994)

9-107.7M - STRUCTURE AND USE.

The following rules concerning the structure and use of the Mountain House Development Title shall apply:

(a)

Chapters and sections of the Mountain House Development Title which amend specific chapters, sections or tables of the San Joaquin Development Title shall carry the same numbering as said chapters, sections or tables of the San Joaquin Development Title. For the Mountain House Development Title, the letter "M" shall appear at the end of chapter numbers, section numbers or table numbers to distinguish between Mountain House Development Title chapters, sections, and tables and San Joaquin Development Title chapters, sections and tables.

(b)

Chapters and sections of the Mountain House Development Title that do not amend specific chapters or sections of the San Joaquin Development Title, or have no antecedents in the San Joaquin Development Title, shall be regarded as new or as additional provisions applicable only to the Mountain House Community. Said chapters and sections shall be numbered similarly with other Mountain House chapters and sections.

(c)

Only those chapters, sections and tables of the Mountain House Development Title which represent amendments to specific chapters, sections, and tables of the San Joaquin Development Title or which represent new or additional provisions shall be contained in the Mountain House Development Title.

(d)

Unless otherwise changed by the Mountain House Development Title, the provisions of the development title of San Joaquin County shall be applicable to all development within the Mountain House Community.

(Ord. 3813 (part), 1994)

CHAPTER 9-110.4M - DEFINITIONS

9-110.4M - DEFINITIONS.

The following additional definitions or changes to existing definitions in the development title shall be used:

Additional Town Center Unit. "Additional Town Center Unit" means a dwelling unit which provides affordable housing opportunities for low income and medium income persons in the Town Center of the Mountain

House Community and which is not included in the calculations of residential densities as specified by the Mountain House Master Plan or by any of the various Specific Plans for the Mountain House Community.

Applicable Public Agency. "Applicable Public Agency" means a public agency or its successor that is the recipient of Public Land within the Mountain House Community and that is authorized to provide the infrastructure and services on said Public Land.

Average FAR. "Average FAR" means the floor area ratio calculated by dividing the total Livable Area plus attached garage interior floor area by the total lot area for all lots subject to and included within a Model Home Master Plan.

Bicycle Commuter Route. "Bicycle commuter route" means a Class I bike path or Class II bike lane which is designated as the most efficient path of travel for the dedicated bike commuter.

Bikeway. "Bikeway" means a Class I bike path, a Class II bike lane, a Class III bike route, or a bicycle commuter route.

Biologist, Qualified. "Qualified biologist" means any person who has completed at least four (4) years of training in wildlife biology or a related science and has demonstrated field experience in the identification and life history of the animal that is the subject of the survey.

Class I Bike Path. "Class I bike path" means a path where bicycle travel is the designated use and which is separated from the vehicular network to provide the greatest degree of physical safety for the cyclist.

Class II Bike Lane. "Class II bike lane" means a path where bicycle travel is the designated use and which consists of a separate marked lane within a roadway, with guide signs and pavement markings along the way.

Class III Bike Route. "Class III bike route" means a path where bicycle travel is the designated use and which is signed only, with the cyclist sharing the right-of-way with motorists.

Dedicate, Dedicated, and Dedication. "Dedicate, dedicated, and dedication" means the legal process of transferring, whether by grant deed, certification on a subdivision map, or otherwise, Public Land to an Applicable Public Agency.

Density Bonus Unit. "Density Bonus Unit" means an additional residential dwelling unit which is not included in the calculations of residential densities specified by the Mountain House Master Plan or by any of the various Specific Plans for the Mountain House Community and which is permitted to be constructed as part of a residential development in the Mountain House Community, provided said development satisfies the conditions specified in Chapter 9-315.

Developer. "Developer" means, for purposes of the Mountain House Development Title, the legal or beneficial owner or owners of any land included in a proposed development, including the holder of an option or contract to purchase or other persons having enforceable proprietary interests in such land, and any successor in interest thereto.

Development Permit. "Development Permit" means any discretionary or ministerial permit required for a project, excluding General Plans, Master Plans, Specific Plans, Special Purpose Plans, or amendments thereto, ordinance text changes, and rezonings.

Dwelling, Second Unit. "Second unit dwelling" means a detached or attached dwelling unit, not including a mobile home, that is located on the same parcel as a primary single-family dwelling, is clearly subordinate in size to said primary single-family dwelling, and is subject to the requirements specified in Chapter 9-830M.

Fee Per Lot Square Foot. "Fee per lot square foot" means that fee component of the Affordable Housing Impact Fee that is applied to the net parcel area of a residential parcel.

Forty-Five Degree (45°) Clear. "Forty-five degree (45°) clear" means that all points on a structure must not touch an imaginary line drawn at a forty-five degree (45°) angle from the nearest right-of-way line or property line, as applicable.

Landowner. "Landowner" means any individual, partnership, corporation, or other legal entity owning or developing land within the Mountain House Community and/or contemplating development within the Mountain House Community.

Land Voucher. "Land Voucher" means a document given in exchange for acreage in fulfillment of the requirements of the Public Land Equity Program.

Livable Area. "Livable area" means the area within the outside walls of a residential unit, whether attached or unattached, but not including unfinished garages, unfinished basements, porches, or storage facilities not accessible from the interior of the residential unit.

Master Developer. "Master Developer" means Trimark Communities, a California general partnership, and any successor in interest thereto, in the case of Mountain House lands outside the Specific Plan III planning area. Otherwise, "Master Developer" means Gerry N. Kamilos, LLC, and any successor in interest thereto.

Master Specific Plan. "Master Specific Plan" or "Mountain House Master Specific Plan" or "Master Plan" means the policy document which presents policies, requirements and standards for the entire Mountain House Community and guides the preparation of subsequent Specific Plans, Tentative Maps, and other approvals required to implement the building of the Mountain House Community.

Mountain House Community Services District. "Mountain House Community Services District" or "MHCSD" means the community services district established to administer and to provide certain services and infrastructure for the inhabitants of Mountain House.

Multi-Use Path. "Multi-use path" means a pedestrian path that safely accommodates both pedestrians and bicycles.

Nontransportation Noise Sources. "Nontransportation noise sources" means equipment, utilities or processes associated with industrial, commercial or public facilities that create a constant or periodic noise in a fixed location.

Noise-Sensitive Uses. "Noise-sensitive uses" means residential, educational, hospital, and group care uses.

Pedestrian Path or Way. "Pedestrian path or way" means a right-of-way designed for use by pedestrians and not intended for use by motor vehicles of any kind. Said pedestrian path or way may be located within or outside of a street right-of-way, at grade, or grade separated from vehicular traffic.

Pre-Existing Residential Areas. "Pre-existing residential areas" means the three distinct residential areas that were in place before the Mountain House New Town was established, described and labeled as "Grant Line Village," "Homesite Parcels," and "Old River Homesites" by the Master Plan.

Preliminary Map. "Preliminary Map" means any lot line adjustment, merger or tentative map application that is submitted to the County, prior to the completion of all Mountain House Master Plan subsequent plans and programs, only for the purpose of financing, land sale or exchange, or planning area segregation, after which a more definitive Development Title application is required to be submitted to the County before construction permits can be obtained for the affected area.

Private Land. "Private Land" means any land within the Mountain House Community that can be developed for private use and profit.

Public Land. "Public Land" means acreage required by an Applicable Public Agency to provide public services and infrastructure to or on behalf of the residents of the Mountain House Community, as specified in the Public Land Equity Program Technical Report as of November 28, 1997.

Public Land Acreage Requirement. "Public Land Acreage Requirement" means the amount of land that a Landowner is required to provide in order to fulfill the requirements of the Public Land Equity Program, calculated by multiplying the gross acres of a subject property by the Public Land Percentage.

Public Land Deficit. "Public Land Deficit" means the additional amount of land needed to meet the Public Land Acreage Requirement for a subject parcel, calculated by subtracting the number of acres actually shown for public use on said parcel from the parcel's Public Land Acreage Requirement.

Public Land Equity Program. "Public Land Equity Program" means the program as set forth in Chapter 9- 1245M of this Title.

Public Land Equity Program Technical Report. "Public Land Equity Program Technical Report" means the report which provides the methodology for calculating the Public Land Acreage Requirement on a subject property and the Public Land Percentage.

Public Land Percentage. "Public Land Percentage" means the percentage of land within the Mountain House Community that is Public Lands, calculated by dividing the total Public Lands within the Mountain House Community by the gross acres within the Mountain House Community held in private ownership, as specified in the Public Land Equity Program Technical Report, and multiplying the result by one hundred (100).

Public Land Surplus. "Public Land Surplus" means the amount of land that exceeds the Public Land Acreage Requirement for a subject property, calculated by subtracting the Public Land Acreage Requirement from the number of acres actually designated for public use by the Master Plan or Specific Plan or any applicable Special Purpose Plan.

Specific Plan. "Specific Plan" means, for the purposes of the Mountain House Development Title, a plan which is prepared pursuant to Government Code Section 65450 for the systematic implementation of the Mountain House Master Specific Plan and which provides detailed information and instruction regarding the types, locations and densities of land uses; development phasing; zoning regulations; public infrastructure

and services; development; and design guidelines. "Specific Plan" shall include Mountain House Specific Plan I and other Specific Plans.

Specific Plan Reimbursement Program. "Specific Plan Reimbursement Program" means the program as provided for in the Mountain House Public Financing Plan that has been developed to reimburse the Master Developer and other Developers for the costs which they have incurred or will incur in the preparation and adoption of the Mountain House Master Specific Plan and subsequent Specific Plans, and the Supporting Documents.

Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story is defined as that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. "Story" also means that portion of a building between the upper surface of a floor and the upper surface of the floor next above, where the finished floor level directly above is more than six (6) feet above grade for more than fifty percent (50%) of the total perimeter or more than twelve (12) feet above grade at any point.

Subsequent Plans and Programs. "Subsequent plans and programs" means the plans and programs required by the Mountain House Master Plan for development to proceed, as set forth in the Master Plan Development Agreement between the County of San Joaquin and Trimark Communities, or plans and programs as set forth in the Development Agreement between the County of San Joaquin and Gerry N. Kamilos, LLC.

Supporting Documents. "Supporting Documents" means those plans and programs prepared to provide the background and technical bases for the Mountain House Master Specific Plan and subsequent Specific Plans, or developed to implement the Mountain House Master Specific Plan and subsequent Specific Plans.

(Ord. 3813 (part), 1994; Ord. 3951, § 2, 1997; Ord. 3953, § 1, 1997; Ord. 3974, § 1, 1998; Ord. 3975, § 2, 1998; Ord. 4033, § 2, 1999; Ord. 4066, § 1, 2000; Ord. 4242, § 1, 2005; Ord. 4276, § 1, 2005)

CHAPTER 9-115M - USE CLASSIFICATION SYSTEM

9-115.535M - RECREATION.

The following sub-use types shall replace the Recreation: Nature Preserve sub-use type:

Recreation: Nature Preserve. Outdoor areas used for limited impact recreational activities which involve large amounts of land in its agricultural, or its improved semi-natural appearing state. The Nature Preserve may also include wildlife habitat or wetland areas. Typical uses conducted within a Nature Preserve may include the following: hiking, picnicking, fishing, bird watching. Activities and uses under the Recreation: Parks; Recreation: Outdoor Entertainment, Large Scale; Recreation: Outdoor Entertainment, Small Scale; Recreation: Marinas; sub-use types are excluded.

(Ord. 3974, § 2, 1998; Ord. No. 4541, § 1, 11-5-2019)

CHAPTER 9-205M - REVIEW AUTHORITIES

9-205.2M - PLANNING AGENCY.

In addition to the Review Authorities listed in Section 9-205.2 of the Development Title, the Mountain House Design Consistency Review Committee shall be recognized as a component part of the Planning Agency for San Joaquin County.

(Ord. 4066, § 2 (part), 2000)

9-205.8M - DESIGN CONSISTENCY REVIEW COMMITTEE.

The Design Consistency Review Committee's role as part of the Planning Agency shall be as provided in this Section.

(a)

Membership. The Design Consistency Review Committee shall consist of a representative of the Master Developer, the Mountain House Community Services District (MHCSD), and the Community Development Department. Each corresponding organization or agency shall select one (1) representative. The representatives should be design and planning professionals.

(b)

Functions. The Design Consistency Review Committee shall review all Development Permit applications (as defined in Section 9-110.4) for consistency with the design policies and requirements of County adopted plans and ordinances for Mountain House. In addition, the Design Consistency Review Committee shall make design consistency recommendations for Mountain House plan and program documents related to community design that are submitted to the Community Development Department for review. The design consistency recommendations of the Design Consistency Review Committee shall be submitted to the Director.

(Ord. 4066, § 2 (part), 2000)

CHAPTER 9-240M - FEES

9-240.5M - PREAPPLICATION CONFERENCES.

The fee required for a Preapplication Conference for Mountain House development applications shall be a separate fee, paid in addition to the fee required for the parent application.

(Ord. 4154, § 1, 2002)

CHAPTER 9-305M - RESIDENTIAL ZONE USE REGULATIONS

Tables:

9-305.2M - PERMITTED USE TYPES.

Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-305.2M.

(Ord. 3813 (part), 1994)

9-305.3M - ACCESSORY USES AND STRUCTURES.

Permitted, not permitted, and conditionally permitted accessory uses and structures shall be as provided in Table 9-305.3M. Accessory uses or structures not specifically listed in Table 9-305.3M 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. 3813 (part), 1994)

9-305.4M - TEMPORARY USES AND STRUCTURES.

Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-305.4M. Temporary uses or structures not specifically listed in Table 9-305.4M may be allowed, subject to approval of an Improvement Plan.

(Ord. 3813 (part), 1994)

9-305.7M - DESIGN GUIDELINES.

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

(Ord. 4066, § 6, 2000)

TABLE 9-305.2M - RESIDENTIAL USE TYPES

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 Residential Residential Residential Residential Residential Zone R-VL Zone R-L Zone R-M Zone R-MH Zone R-H

Residential Use Types

Family Residential

Single-Family P P P P -

Two-Family - - (P 1 ) P P -

Small Multifamily - - P P P

Large Multifamily - - S (- 1 ) S S

Farm Employee Housing - - - - -

 Small - - - - -

 Large - - - - -

Group Care

Small P P P P P

Large U U U U U

Adult Day Care - U U U U

Farm Related - - - - -

Group Residential - S S S S

Mobilehome Park - U (- 1 ) U (- 1 ) - -

Shelters:

Small - - - - -

Medium - - - - -

Large - - - - -

Nonresidential Use

Administrative Offices - - - S S

Administrative Support Services - - - - -

Adult Entertainment - - - - -

Aerial Services

Farm - - - - -

Heliport - - - - -

Agricultural Organizations - - - - -

Agricultural Processing

Preparation Services - - - - -

Food Manufacturing - - - - -

Agricultural Sales

Feed and Grain - - - - -

Agricultural Chemicals - - - - -

Agricultural Warehousing - - - - -

Agricultural Wastes - - - - -

Animal Feeding and Sales - - - - -

Animal Raising

Exotic Animals - - - - -

General - - - - -

Hogs - - - - -

Small Animals - - - - -

Family Food Production P - - - -

Educational Animal Project P - - - -

Zoo - - - - -

Petting Zoo - - - - -

Animal Specialty Services

Farm - - - - -

Pet - - - - -

Kennel - - - - -

Kennel, Small Breeding - - - - -

Auction Sales

Indoor - - - - -

Outdoor - - - - -

Automotive Sales and Services

Automotive Rentals - - - - -

Automotive Repairs, Light - - - - -

Automotive Repairs, Heavy - - - - -

Automotive Sales - - - - -

Cleaning - - - - -

Inoperable Vehicle Storage - - - - -

Operable Vehicle Storage - - - - -

Parking - - - - -

Building Maintenance Services - - - - -

Child Care Services

Family Day Care Homes P P P P P

Child Care Centers U U U U U

Communication Services

Type I PI PI PI PI PI

Type II - - - - -

Type III - - - - -

Type IV - - - - -

Community Assembly - U U S S

Construction Sales - - - - -

Construction Services

Light - - - - -

Heavy - - - - -

Crop Production P P P P P

Cultural and Library Services - - U S S

Custom Agricultural - - - - - Manufacturing

Custom Manufacturing - - - - -

Dairies - - - - -

Eating Establishments

Convenience - - - - -

Full Service - - - - -

Educational Services

Commercial - - - - -

General U U U U U

Equipment Sales and Repair

Farm Machinery, Sales - - - - -

Farm Machinery, Repair - - - - -

Heavy Equipment - - - - -

Leisure - - - - -

Aircraft - - - - -

Explosives Handling - - - - -

Farm Services - - - - -

Funeral and Interment Services

Cemeteries - - - - -

Interring and Cremating - - - - -

Undertaking - - - - -

Gasoline Sales

Service - - - - -

Combination - - - - -

General Industrial

Limited - - - - -

Intermediate - - - - -

Heavy - - - - -

Hazardous Industrial - - - - -

High Technology Industry - - - - -

Laundry Services - - - - -

Liquor Sales

On-Premises, General - - - - -

On-Premises, Limited - - - - -

Off-Premises - - - - -

Lodging Services

Bed and Breakfast U U S S S

Motel - - - - -

Major Impact Services - - - - -

Medical Services - - - U U

Nursery Sales and Services

Wholesale - - - - -

Retail - - - - -

Landscaping Services - - - - -

Personal Storage - - - - -

Petroleum and Gas Extraction U U U U U

Produce Sales

Farm Produce Stands - - - - -

Farm Markets - - - - -

Professional Services - - - U U

Public Services

Administrative - - - U U

Essential U U U U U

Quarry Operations - - - - -

Recreation

Campgrounds - - - - -

Indoor Participant - - - - -

Indoor Spectator - - - - -

Marinas - - - - -

Outdoor Entertainment, Large - - - - - Scale

Outdoor Entertainment, Small - - - - - Scale

Outdoor Sports Clubs - - - - -

Parks S S S S S

Resorts - - - - -

Nature Preserves - - - - -

Recycling Services

Consumer - - - - -

Scrap Operations - - - - -

Religious Assembly

Neighborhood S S S S S

Community U U U U U

Regional - - - - -

Research and Laboratory - - - - - Services

Retail Sales and Services

Primary - - - - -

Intermediate - - - - -

General - - - - -

Signs—Off Premises - - - - -

Stables

Neighborhood U - - - -

Commercial - - - - -

Transportation Services - - - - -

Truck Sales and Services

Parking - - - - -

Cleaning - - - - -

Stops - - - - -

Repairs - - - - -

Sales - - - - -

Terminals - - - - -

Utility Services

Minor P P P P P

Major - - - - -

Wholesaling and Distribution

Light - - - - -

Heavy - - - - -

1 Applies within Specific Plan III area of Mountain House.

(Ord. 3813 (part), 1994; Ord. 3974, § 3, 1998; Ord. 4066, § 3, 2000; Ord. 4276, § 2, 2005; Ord. No. 4385, § 18, 1-12-2010; Ord. No. 4541, § 2, 11-5-2019)

TABLE 9-305.3M

ACCESSORY USES AND STRUCTURES IN RESIDENTIAL ZONES

Legend: P Permitted Use PI Permitted Use With Improvement Plan S Use Permitted Subject to Site Approval - Use Not Permitted SD Use Permitted Subject to Second-Unit Dwelling Permit HO Use Permitted Subject to Home Occupation Permit

Accessory Use or Structure Residential Residential Residential Residential Residential Zone R-VL Zone R-L Zone R-M Zone R-MH Zone R-H

Antennae, Radio/TV Dish P P P P P

Barn P - - - -

Biomass Energy Production for - - - - - use on premises

Boathouse, Private (one/lot) P (- 2 ) P (- 2 ) S (- 2 ) S (- 2 ) S (- 2 )

Coop P - - - -

Dock, Private (one/lot) P (- 2 ) P (- 2 ) S (- 2 ) S (- 2 ) S (- 2 )

Farm Employee Housing - - - - -

Firewood Sales, grown on-site or - - - - - within a five (5) mile radius of the premises

Garage, Private (up to three (3) P P P P P vehicles)

Greenhouse, Private P P P S S

Guesthouse P (- 2 ) P (- 2 ) P (- 2 ) - -

Home Occupation HO HO HO HO HO

Horse Raising S - - - -

Packing Shed, Private - - - - -

Playhouse, Children's P P P P P

Pump/Pumphouse P - - - -

Second Unit Dwelling SD 1 SD 1 SD 1 SD 1, 2 -

Silo - - - - -

Stable, Private P - - - -

Storage Building, Private P P P S (P 2 ) S (P 2 )

Swimming Pool & Equipment P P P P P

Truck Parking (Agricultural) - - - - -

Water Storage Facility - - - - -

Wind Machine, Private S - - - -

Workshop/Hobby Shop P P P - -

1 Second Unit Dwelling Permit not required if the second unit dwelling is designated on an approved tentative map.

2 Applies within Specific Plan III area of Mountain House.

(Ord. 3813 (part), 1994; Ord. 4066, § 4, 2000; Ord. 4276, § 3, 2005; Ord. 4333, § 1, 2007)

TABLE 9-305.4M

TEMPORARY USES AND STRUCTURES IN RESIDENTIAL ZONES

Legend: P Permitted Use PI Permitted Use With Improvement Plan S Use Permitted Subject to Site Approval - Use Not Permitted

Temporary Use or Structure Residential Residential Residential Residential Residential Zone R-VL Zone R-L Zone R-M Zone R-MH Zone R-H

Agricultural Excavation - - - - -

Auction, Agricultural Machinery - - - - -

Auction, Livestock - - - - -

Batch Plant - - - - -

Boutique Sales (limit of two (2) P P P P P per year)

Carnival/Circus - - - - -

Christmas Tree Sales - (S 1 ) - - - -

Corporation Yard - S S S S

Garage Sales (limit of two (2) per P P P P P year)

Halloween Pumpkin Sales - - - - -

Motion Picture Filming P P P P P

Special Event - - - PI PI

Subdivision Sales Office PI PI PI PI PI

Temporary Building Incidental to P P P P P Construction Works

Temporary Mobilehome P P P P P

Tent Revival - - - - -

1 Applies within Specific Plan III area of Mountain House.

(Ord. 3813 (part), 1994; Ord. 4276, § 4, 2005)

CHAPTER 9-310M - RESIDENTIAL ZONE LOT AND STRUCTURE REGULATIONS

Tables:

9-310.3M - LOT SIZE.

Minimum lot size by residential zone shall be as set forth in Table 9-310.3MCP, as modified by Table 9- 310.5MCP, for the Specific Plan III area and as set forth in Table 9-310.3M 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 9-310.3MCP for the Specific Plan III area and by Table 9-310.3M 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. 3813 (part), 1994; Ord. 4066, § 5, 2000; Ord. 4276, § 6 (part), 2005)

9-310.4M - LOT WIDTH.

Unless otherwise specified, lots within residential zones shall have a width as specified in Table 9-310.3MCP for the Specific Plan III area and in Table 9-310.3M 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. 3813 (part), 1994; Ord. 4276, § 6 (part), 2005)

9-310.5M - SETBACKS.

Buildings and structures within the Specific Plan III area of Mountain House shall meet the setback requirements specified in Table 9-310.3MCP, except as noted in Table 9-310.5MCP. For other areas of Mountain House, unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-310.3M. 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 9-310.3MCP for lots within the Specific Plan III area and in Table 9-310.3M 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 9-310.3MCP and Table 9-310.5MCP for the Specific Plan III area and in Table 9-310.3M 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 9-1010 and Section 9- 310.5, respectively). For court lots, autocourt lots and greencourt lots, see Table 9-310.5M 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 9-310.3M 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 9-310.3M.

(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 9-310.3M.

(4)

For corner lots, the following setbacks shall be applicable, provided coverage requirements and FAR requirements as specified in Table 9-310.3M 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 9-310.3M 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 9-310.3M 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 9-310.3M.

(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 Delta- Mendota 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. 3813 (part), 1994; Ord. 3974, § 4, 1998; Ord. 4242, § 2, 2005; Ord. 4276, § 6 (part), 2005; Ord. No. 4419, § 1, 12-13-2011; Ord. No. 4439, §§ 1, 2, 7-23-2013; Ord. No. 4529, § 1, 4-9-2019)

9-310.6M - HEIGHT.

Buildings and structures in residential zones within Specific Plan III shall not exceed the maximum building heights specified in Table 9-310.3MCP, except as provided below. Buildings and structures in other Mountain House residential zones shall not exceed the maximum building heights specified in Table 9-310.3M, except as provided below. Said exceptions shall be limited by any ordinance relating to airports, and shall serve to replace Chapter 9-1005 on height limits for special structures and Section 9-310.6 concerning building height of the San Joaquin Development Title.

(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)

Watertanks; 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. 3813, (part), 1994; Ord. 4333, § 4, 2007; Ord. No. 4419, § 2, 12-13-2011)

9-310.7M - BUILDING COVERAGE.

Buildings and structures in residential zones within Specific Plan III shall not exceed the maximum building coverage regulations specified in Table 9-310.3MCP, 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 9-310.3M, 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 9-310.3M as one of several possible bonus incentives permitted by the Development Title.

(Ord. 3813 (part), 1994; Ord. 4173, § 1, 2002; Ord. 4242, § 5, 2005; Ord. 4333, § 5, 2007)

9-310.8M - MINIMUM DIMENSIONS OF CORNER LOTS.

For corner lots in the Specific Plan III planning area, corner lot dimensions and setbacks shall be as per Table 9-310.3MCP. 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. 3813 (part), 1994; Ord. 4242, § 6, 2005; Ord. 4333, § 6, 2007)

9-310.9M - Floor Area Ratio.

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.

(Ord. No. 4419, § 3, 12-13-2011)

TABLE 9-310.3M

LOT AND STRUCTURE STANDARDS1

Zoning District Minimum Minimum Maximum Maximum Building Coverage Lot Size Lot Width Building (Percent)/ Maximum Average (square (feet) Height FAR (Percent) feet) (stories)

R-VL 15,000 75 2 35 Coverage

R-L 5,000 50 2 40 Coverage; 50 Coverage (for one story homes)

R-M (≥3,600 sf) 3,000 40 2 50 Coverage

R-M (<3,600 sf) 2,000 35 2 75 Average FAR

R-MH - - 3 65 Coverage

R-H - - 3 65 Coverage

Minimum Setback Requirements2, 3

Zoning District Front Setback (feet) Side Setback (feet) Minimum Building Rear Setback (feet) Separation (feet)

R-VL 25 15 30 25

R-L 20; 15 (for one 5 10 20; 15 (for one story building) story homes)

R-M (≥3,600 sf) 15 5 10 15

R-M (<3,600 sf) 10 5 10 10

R-MH 15; 10 (for arterial) 5 10 10

R-H 15; 10 (for arterial) 10 20 10

1 See Sections 9-310.3M through 9-310.8M 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.

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

(Ord. 3813 (part), 1994; Ord. 3953, § 2, 1997; Ord. 4242, § 3, 2005; Ord. No. 4419, § 4, 12-13-2011)

TABLE 9-310.3MCP

LOT AND STRUCTURE STANDARDS FOR SPECIFIC PLAN III AREA

R-VL R-L R-M R-M small R-MH R-H
lot 1

Lot Size (SF) 2 15,000 5,000 3,600 2,000 - -

Lot Width (FT) 2 75 45 35 30 25 -

Corner Lot Width (FT) 2 75 50 40 35 30 -

Lot Depth: Width Ratio - - - - - -

Setbacks 2

Front (FT) 25 20 3 12 10 15 4 15 4

Rear (FT) 9 25 20 15 10 10 10

Side (FT) 15 5 5 10 4 10 5 5

Corner Side (FT) 12 side plus side plus side plus side plus side plus side plus 5 5 5 5 5 5

Building Separation (FT) 2 30 10 10 11 8 11 10 20

Max. Building Coverage 2 35% 40% 5 50% N/A 6 65% 65%

Max. Building Height (Stories) 2 2 2 2 7 3 3 2

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 9-310.3MCP 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.

Standard Lot Size Maximum Livable Area (for one plan)

<3,000 sq. ft. 1,400 sq. ft.

3,000 - <3,200 sq. ft. 1,500 sq. ft.

3,200 - <3,400 sq. ft. 1,600 sq. ft.

3,400 - <3,600 sq. ft. 1,700 sq. ft.

Number of plans in Model Home Portion of Model Home Master Portion of Model Home Master Master Plan Plan occupied by each plan, Plan occupied by each plan, Minimum Maximum

3 30% 40%

4 20% 35%

5 15% 30%

6 13% 27%

7 11% 24%

8 9% 21%

9 7% 18%

10 5% 15%

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-of- way that include a minimum of five (5) feet of landscaping adjacent to the parcel in question shall not be considered corner lots.

(Ord. 4276, § 7 (part), 2005; Ord. 4333, § 2, 2007)

TABLE 9-310.5M

LOCATION OF FRONT, REAR AND SIDES OF COURT-TYPE LOTS

(Ord. 4242, § 4, 2005; Ord. 4276, § 8, 2005)

TABLE 9-310.5MCP

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

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

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

Power Line Easements Residential dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement, and non-residential structures shall maintain a ten (10) foot setback from the powerline easement.

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

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.

High Pressure Gas and Oil Line Easement Habitable residential structures shall maintain a minimum setback of fifty-eight (58) feet from the edge of the high pressure gas and oil pipeline easement.

Areas Surrounding Neighborhood Centers The front yard setback on lots zoned R-L may be reduced to fifteen (15) feet, for lots that surround, or are across from, a Neighborhood Center.

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 & Equipment Setback Exceptions

Fire Escapes, Stairways and Fire escapes shall not extend or project more than four (4) feet Balconies beyond the setback line. Open, unenclosed stairways, or balconies, 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.

Porches Porches, platforms or landing places which do not extend above the level of the first floor of the building may extend up to 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) foot setback from the property line. Any open work railing no more than thirty-six (36) inches in height, may be installed or constructed on any such porch, platform or landing place.

Patio Covers Patio covers, as defined by the California Building Code, may be located within three (3) feet of the rear or side property line.

Eaves, Roof Overhangs, Fireplaces, Eaves, roof overhangs, non-habitable architectural features, Architectural Features, Air fireplaces, air conditioning units and water softening units may Conditioning and Water Softener extend or project up to thirty (30) inches beyond the setback line, Equipment but no closer than thirty (30) inches to the property line.

Pools Pools shall not be located closer than five (5) 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.

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. 4276, § 7 (part), 2005; Ord. 4333, § 3, 2007)

CHAPTER 9-405M - COMMERCIAL ZONE USE REGULATIONS

Tables:

9-405.2M - PERMITTED USE TYPES.

Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-405.2M.

(Ord. 3813 (part), 1994)

9-405.4M - TEMPORARY USES AND STRUCTURES.

Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-405.4M. Temporary uses or structures not specifically listed in Table 9-405.4M may be allowed, subject to approval of an Improvement Plan.

(Ord. 3813 (part), 1994)

9-405.5M - SPECIAL USE REGULATIONS.

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 9-405.2M.

(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 9-405.2M.

(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. 3813 (part), 1994; Ord. 3974, § 5, 1998)

9-405.7M - DESIGN GUIDELINES.

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

(Ord. 4066, § 7, 2000)

TABLE - 9-405.2M USES IN COMMERCIAL ZONES

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 Commercial Commercial Commercial Commercial Commercial Commercial Zone C-N Zone C-C Zone C-O Zone C-G Zone C-FS Zone C-R

Residential Use Types

Family Residential

Single-Family - - - - - -

Two-Family - - - - - -

Small Multifamily - - - - -

Large Multifamily - - - - - -

Farm Employee Housing

 Small - - - - - -

 Large - - - - - -

Group Care

Small P P P P P -

Large - PI PI PI - -

Adult Day Care U U - U - -

Farm Related - - - - - -

Group Residential - - - - - -

Mobile Home Park - - - - - -

Shelters -

Small - - P P - -

Medium - - P P - -

Large - - PI PI - -

Nonresidential Use Types

Administrative Offices S PI PI PI - -

Administrative S PI PI PI - - Support Services

Adult Entertainment - - S (- 1 ) S - -

Aerial Services

Farm - - - - - -

Heliport - - S S - -

Agricultural S PI PI PI - - Organizations

Agricultural Processing

Preparation Services - - - - - -

Food Manufacturing - - - - - -

Agricultural Sales

Feed and Grain - - - U - -

Agricultural Chemicals - - - - - -

Agricultural - - - - - - Warehousing

Agricultural Wastes - - - - - -

Animal Feeding and - - - - - - Sales

Animal Raising

Exotic Animals - - - - - -

General - - - - - -

Hogs - - - - - -

Small Animals - - - - - -

Family Food - - - - - - Production

Educational Animal - - - - - - Project

Zoo - - - - - -

Petting Zoo - - - - - U

Animal Specialty Services

Farm - - - - - -

Pet S S - S - -

Kennel - - - U - -

Kennel, Small - - - U - - Breeding

Auction Sales

Indoor - S S S - -

Outdoor - - - S - -

Automotive Sales & Services

Automotive Rentals - S - S P -

Automotive Repairs, - S - S S - Light

Automotive Repairs, - - - - - - Heavy

Automotive Sales - - - S U -

Cleaning - S - S S -

Inoperable Vehicle - - - - - - Storage

Operable Vehicle - - - S - - Storage

Parking S S S S S -

Building Maintenance - PI - PI - - Services

Child Care Services

Family Day Care P P P P P - Homes

Child Care Centers S S S S S U

Communication Services

Type I PI PI PI PI PI -

Type II - - - - - -

Type III - - - - - -

Type IV - S S PI - -

Community Assembly S S S S - -

Construction Sales - U - PI - -

Construction Services

Light - - - S - -

Heavy - - - - - -

Crop Production P P P P P -

Cultural and Library S PI PI PI - - Services

Custom Agricultural - - - - - - Manufacturing

Custom - PI - PI - - Manufacturing

Dairies - - - - - -

Eating Establishments

Convenience S PI PI PI S U

Full Service S PI PI PI S U

Educational Services

Commercial S S S S - -

General S S S S - -

Equipment Sales and Repair

Farm Machinery, - - - - - - Sales

Farm Machinery, - - - - - - Repair

Heavy Equipment - - - - - -

Leisure - - - S - -

Aircraft - - - - - -

Explosives Handling - - - - - -

Farm Services - - - - - -

Funeral and Interment Services

Cemeteries - - - - - -

Interring and - - - S - - Cremating

Undertaking - PI - PI - -

Gasoline Sales

Service - S - S S -

Combination - S - S S -

General Industrial

Limited - - - - - -

Intermediate - - - - - -

Heavy - - - - - -

Hazardous Industrial - - - - - -

High Technology - - - - - - Industry

Laundry Services - - - S - -

Liquor Sales

On-Premises, General - U - U - -

On-Premises, Limited S S S S S -

Off-Premises S PI - PI - -

Lodging Services

Bed and Breakfast - - - - - -

Motel - S - S S -

Major Impact Services - - - - - -

Medical Services S PI PI PI - -

Nursery Sales and Services

Wholesale - - - S - -

Retail S PI - PI - -

Landscaping Services - S - S - -

Personal Storage - S - PI - -

Petroleum and Gas U U U U U U Extraction

Produce Sales

Farm Produce Stands S PI - PI PI -

Farm Markets S PI PI PI S -

Professional Services S PI PI PI - -

Public Services

Administrative S PI PI PI PI -

Essential S S S S S S

Quarry Operations - - - - - -

Recreation -

Campgrounds - - - - - -

Indoor Participant S S - S - -

Indoor Spectator - U - U - -

Marinas - U - U - -

Outdoor - U - U - - Entertainment, Large Scale

Outdoor S S - S - PI Entertainment, Small Scale

Outdoor Sports Clubs - S - - - -

Parks - S S S S PI

Resorts - - - - - -

Nature Preserved - - - - - S

Recycling Services

Consumer S PI - PI PI -

Scrap Operations - - - - - -

Religious Assembly

Neighborhood S S - (S 1 ) S - -

Community - (U 1 ) U - (U 1 ) U - -

Regional - U - U - -

Research and - - - S - - Laboratory Services

Retail Sales and Services

Primary S PI PI PI S -

Intermediate S PI - PI - -

General - S - S - -

Signs—Off Premises - - - - - -

Stables

Neighborhood - - - - - -

Commercial - - - - - -

Transportation - - - S - - Services

Truck Sales and Services

Parking - - - - - -

Cleaning - - - - - -

Stops - - - - - -

Repairs - - - - - -

Sales - - - - - -

Terminals - - - - - -

Utility Services

Minor PI PI PI PI PI PI

Major - - - - - -

Wholesaling and Distribution

Light - - - S - -

Heavy - - - - - -

1 Applies within Specific Plan III area of Mountain House.

(Ord. 3813 (part), 1994; Ord. 3974, § 6, 1998; Ord. 4276, § 9 (part), 2005; Ord. 4301, § 3, 2006; Ord. No. 4385, § 19, 1-12-2010; Ord. No. 4541, § 3, 11-5-2019)

TABLE 9-405.4M

TEMPORARY USES AND STRUCTURES IN COMMERCIAL ZONES

Legend: P Permitted Use PI Permitted Use With Improvement Plan S Use Permitted Subject to Site Approval - Use Not Permitted

Temporary Use or Structure Commercial Commercial Commercial Commercial Commercial Zone C-N Zone C-C Zone C-O Zone C-G Zone C-FS

Agricultural Excavation - - - - -

Auction, Agricultural Machinery - S - S -

Auction, Livestock - - - - -

Batch Plant - - - - -

Boutique Sales (limit of two (2) P P P P P per year)

Carnival/Circus - S S S S

Christmas Tree Sales PI PI PI PI PI

Corporation Yard S S S S S

Garage Sales (limit of four (4) per P P P P P year within Specific Plan III, two (2) per year in other areas)

Halloween Pumpkin Sales PI PI PI PI PI

Motion Picture Filming P P P P P

Special Event

Special Outdoor Event PI PI PI PI PI

Special Indoor Event PI PI PI PI PI

Subdivision Sales Office PI PI PI PI PI

Temporary Building Incidental To P P P P P Construction Works

Temporary Mobilehome - - - - -

Tent Revival - S - S -

(Ord. 3813 (part), 1994; Ord. 4276, § 9 (part), 2005)

CHAPTER 9-410M - COMMERCIAL ZONE LOT AND STRUCTURE REGULATIONS

Tables:

9-410.3M - LOT AREA.

The minimum lot area by commercial zone shall be the same as that specified in the development title. For purposes of referral, minimum lot area requirements are included in Table 9-410.3M.

(Ord. 3813 (part), 1994)

9-410.4M - LOT WIDTH.

The minimum lot width by commercial zone shall be the same as that specified in the development title. For purposes of referral, minimum lot area requirements are included in Table 9-410.3M.

(Ord. 3813 (part), 1994)

9-410.5M - SETBACKS.

Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-410.3M. Said setback requirements and the following exceptions shall replace the chapter concerning yards and the general provisions concerning yard dimensions in the development title (Chapter 9-1010 and Section 9-410.5, respectively).

(a)

Side and Rear Setback Exceptions.

Buildings on lots zoned or designated on the Master Plan for commercial 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 and Street Types.

(1)

The minimum setback from I-205 and from Patterson Pass Road shall be as specified in the Master Plan.

(2)

The minimum setback from an adjacent arterial street in the C-N and C-C zones shall be twenty (20) feet for building facades without entries for the general public, and for service and loading areas.

(3)

The minimum setback from an adjacent collector street shall be ten (10) feet in the C-N zone, and twenty (20) feet in the C-C zone, for building facades without entries for the general public, and for service and loading areas.

(c)

Setback Exceptions for Off-Street Parking Areas.

(1)

The minimum setback for off-street parking areas adjacent to streets shall be twenty (20) feet, except in the following instances:

(A)

In the C-N zone, the minimum setback shall be ten (10) feet;

(B)

Along Patterson Pass Road, the minimum setback shall be thirty (30) 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 C-O and C-FS zones 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) 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.

(e)

Setback Exceptions for Specified Land Uses or Features.

(1)

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

(2)

Power Line Easements. Dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement. Non-residential structures shall maintain a minimum setback 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.

(Ord. 3813 (part), 1994)

9-410.6M - HEIGHT.

Buildings and structures in commercial zones shall not exceed the maximum building heights specified in Table 9-410.3M, except as provided below. Said exceptions shall be limited by any ordinance relating to airports, and shall serve to replace the chapter on height limits for special structures and the general provisions on building height in the development title (Chapter 9-1005 and Section 9-410.6, respectively).

(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. 3813 (part), 1994)

9-410.7M - BUILDING COVERAGE.

The maximum building coverage by zone for buildings and structures shall be the same as that specified in the development title. For purposes of referral, maximum building coverage regulations are included in Table 9-410.3.

(Ord. 3813 (part), 1994)

TABLE 9-410.3M

LOT AND STRUCTURE STANDARDS*

Zoning District Minimum Lot Size Minimum Lot Width Maximum Building Maximum Bldg (square feet) (feet) Height (stories) Coverage (Percent)

C-N - 50 (- 1 ) 2 60

C-C - 50 3 60

C-O 5,000 50 (- 1 ) 3 60

C-G - 50 3 60

C-FS - 50 5 60

Setback Requirements**

Zoning District Arterial Street (feet) Collector and Local Side Setback (feet) Rear Setback (feet) Streets (feet)

C-N 0 0 - -

C-C 0 0 - -

C-O 20 (10 1 ) 20 (10 1 ) 20 (10 1, 2 ) 15 (10 1 )

C-G 20 20 - -

C-FS 30 20 20 20

* See Sections 9-410.3M through 9-410.7M 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.

Notes: Refer to Table 9-410.3 for depth to width ratio. Table 9-410.3 does not apply within Specific Plan III area of Mountain House.

1   Applies within Specific Plan III area of Mountain House.

2  Side setback for C-O is 20′ for the streetside side of corner lots in Specific Plan III area.

(Ord. 3813 (part), 1994; Ord. 4276, § 10, 2005; Ord. 4280, § 1, 2005)

CHAPTER 9-505M - INDUSTRIAL ZONE USE REGULATIONS

Tables:

9-505.2M - PERMITTED USE TYPES.

Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-505.2M.

(Ord. 3813 (part), 1994)

9-505.4M - TEMPORARY USES AND STRUCTURES.

Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-505.4M. Temporary uses or structures not specifically listed in Table 9-505.4M may be allowed, subject to approval of an Improvement Plan.

(Ord. 3813 (part), 1994)

9-505.5M - SPECIAL USE REGULATIONS IN INDUSTRIAL ZONES.

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

(a)

Automotive Sales and Services: Automotive Sales, Use Type. Uses classified under the Automotive Sales and Services: "Automotive Sales, Use Type" shall be adjacent to a freeway.

(b)

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.

(c)

Public Services: Essential, Use Type.

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.

(Ord. 3813 (part), 1994)

9-505.10M - DESIGN GUIDELINES.

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

(Ord. 4066, § 8, 2000)

TABLE - 9-505.2M USES IN INDUSTRIAL ZONES

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 Industrial Zone I-P Industrial Zone I-L Industrial Zone I-G

Residential Use Types

Family Residential

Single-Family - - -

Two-Family - - -

Small Multifamily - - -

Large Multifamily - - -

Farm Employee Housing

 Small - - -

 Large - - -

Group Care

Small - - -

Large - - -

Adult Day Care - - -

Farm Related - - -

Group Residential - - -

Mobile Home Park - - -

Shelters

Small - PI -

Medium - PI -

Large - - -

Nonresidential Use Types

Administrative Offices PI PI PI

Administrative Support Services P P P

Adult Entertainment - - -

Aerial Services

Farm - - -

Heliport U U U

Agricultural Organizations PI PI -

Agricultural Processing

Preparation Services - U S

Food Manufacturing - - S

Agricultural Sales

Feed and Grain - - PI

Agricultural Chemicals - - S

Agricultural Warehousing - - PI

Agricultural Wastes - - -

Animal Feeding and Sales - - -

Animal Raising

Exotic Animals - - -

General - - -

Hogs - - -

Small Animals - - -

Family Food Production - - -

Educational Animal Project - - -

Zoo - - -

Petting Zoo - - -

Animal Specialty Services

Farm - - -

Pet - U S

Kennel - U S

Kennel, Small Breeding - U S

Auction Sales

Indoor - S S

Outdoor - S S

Automotive Sales and Services

Automotive Rentals S S S

Automotive Repairs, Light - S S

Automotive Repairs, Heavy - S S

Automotive Sales U - -

Cleaning - S PI

Inoperable Vehicle Storage - - S

Operable Vehicle Storage - S P

Parking S PI PI

Building Maintenance Services PI PI PI

Child Care Services

Family Day Care Homes P P P

Child Care Centers S S S

Communication Services

Type I PI PI PI

Type II - - -

Type III - - -

Type IV PI PI PI

Community Assembly - - -

Construction Sales - PI PI

Construction Services

Light - S PI

Heavy - U PI

Crop Production P P P

Cultural and Library Services - - -

Custom Agricultural Manufacturing - - -

Custom Manufacturing S PI PI

Dairies - - -

Eating Establishments

Convenience PI PI PI

Full Service PI PI PI

Educational Services

Commercial S PI PI

General - - -

Equipment Sales and Repair

Farm Machinery, Sales - S PI

Farm Machinery, Repair - S PI

Heavy Equipment - U S

Leisure - S PI

Aircraft - U S

Explosives Handling - - -

Farm Services - - -

Funeral and Interment Services

Cemeteries - - -

Interring and Cremating - - -

Undertaking - - -

Gasoline Sales

Service S PI PI

Combination S PI PI

General Industrial

Limited S S PI

Intermediate - U S

Heavy - - S

Hazardous Industrial - U U

High Technology Industry S S S

Laundry Services - S S

Liquor Sales

On-Premises, General - - -

On-Premises, Limited - - -

Off-Premises - - -

Lodging Services

Bed and Breakfast - - -

Motel - - -

Major Impact Services - - -

Medical Services S - -

Nursery Sales and Services

Wholesale - S S

Retail - - -

Landscaping Services - S S

Personal Storage - S PI

Petroleum and Gas Extraction S S S

Produce Sales

Farm Produce Stands - - -

Farm Markets - - -

Agricultural Store, Large - - -

Professional Services PI PI -

Public Services

Administrative S S S

Essential U U U

Quarry Operations - - -

Recreation

Campgrounds - - -

Indoor Participant PI PI PI

Indoor Spectator - (PI 1 ) - -

Marinas - - -

Outdoor Entertainment, Large Scale - - -

Outdoor Entertainment, Small Scale - - -

Outdoor Sports Clubs - - U

Parks - - -

Resorts - - -

Nature Preserve - - -

Recycling Services

Consumer PI PI PI

Scrap Operations - - U

Religious Assembly

Neighborhood - - -

Community - - -

Regional - - -

Research and Laboratory Service S S S

Retail Sales and Services

Primary U - -

Intermediate - - -

General - - -

Signs—Off Premises - - -

Stables

Neighborhood - - -

Commercial - - -

Transportation Services - S S

Truck Sales and Services

Parking - S PI

Cleaning - S PI

Stops - U U

Repairs S S S

Sales - S PI

Terminals - U U

Utility Services

Minor PI PI PI

Major PI PI PI

Wholesaling and Distribution

Light S (U 1 ) S PI

Heavy - - S

1 Applies within Specific Plan III area of Mountain House.

(Ord. 3813 (part), 1994; Ord. 3974, § 7, 1998; Ord. 4276, § 11 (part), 2005; Ord. No. 4385, § 20, 1-12-2010; Ord. No. 4541, § 4, 11-5-2019)

TABLE - 9-505.4M TEMPORARY USES AND STRUCTURES IN INDUSTRIAL ZONES

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 AX Permitted Subject to Agricultural Excavation Permit

Temporary Use or Structure Industrial Zone Industrial Zone Industrial Zone I-P I-L I-G

Agricultural Excavation AX (- 1 ) AX AX

Auction, Agricultural Machinery - PI PI

Auction, Livestock - - -

Batch Plant - - S

Boutique Sales (limit of two (2) per year) P P P

Carnival/Circus - S S

Christmas Tree Sales PI PI PI

Corporation Yard S S S

Garage Sales (limit of four (4) per year within Specific P P P Plan III, two (2) per year in other areas)

Halloween Pumpkin Sales PI PI PI

Motion Picture Filming P P P

Special Event PI PI PI

Subdivision Sales Office P P -

Temporary Building Incidental to Construction Works P P P

Temporary Mobilehome - - -

Tent Revival - U -

1 Applies within Specific Plan III area of Mountain House.

(Ord. 3813 (part), 1994; Ord. 4276, § 11 (part), 2005)

CHAPTER 9-510M - INDUSTRIAL ZONE LOT AND STRUCTURE REGULATIONS

Tables:

9-510.3M - LOT AREA.

The minimum lot area by industrial zone shall be the same as that specified in the development title. For purposes of referral, minimum lot area requirements are included in Table 9-510.3M.

(Ord. 3813 (part), 1994)

9-510.4M - LOT WIDTH.

The minimum lot width by industrial zone shall be the same as that specified in the development title. For purposes of referral, minimum lot area requirements are included in Table 9-510.3M.

(Ord. 3813 (part), 1994)

9-510.5M - SETBACKS.

Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-510.3M. (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 9-1010 and Section 9-510.5, respectively).

(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) 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.

(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. 3813 (part), 1994)

9-510.6M - HEIGHT.

Buildings and structures in industrial zones shall not exceed the maximum building heights specified in Table 9-510.3M, except as provided below. Said exceptions shall be limited by any ordinance relating to airports, and shall serve to replace the chapter on height limits for special structures and the general provisions on building height in the development title (Chapter 9-1005 and Section 9-510.6, respectively).

(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. 3813 (part), 1994)

9-510.7M - BUILDING COVERAGE.

The maximum building coverage by zone for buildings and structures shall be the same as that specified in the development title. For purposes of referral, maximum building coverage regulations are included in Table 9-510.3.

(Ord. 3813 (part), 1994)

9-510.8M - ACCESS.

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

(Ord. 4276, § 12, 2005)

9-510.9M - 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.

(Ord. 3813 (part), 1994; Ord. 4276, § 13, 2005)

TABLE 9-510.3M

LOT AND STRUCTURE STANDARDS*

Zoning District Minimum Lot Size Minimum Lot Width Maximum Building Maximum Building (square feet) (feet) Height (stories) Coverage (Percent)

I-P 10,000 100 (N/A 1 ) 3 (5 2 ) 60

I-L 10,000 100 2 60

I-G 10,000 100 2 60

Setback Requirements**

Zoning District Arterial Street (feet) Collector and Local Side Setback (feet) Rear Setback (feet) Streets (feet)

I-P 20 (- 3 ) 20 (- 3 ) - (- 4 ) -

I-L 20 20 - -

I-G 15 15 - -

* See Sections 9-510.3M through 9-510.9M 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.

Notes: Refer to Table 9-510.3 for depth to width ratio, except within the Specific Plan III area, where there is no required depth to width ratio.

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′.

(Ord. 3813 (part), 1994; Ord. 4276, § 14, 2005; Ord. 4280, § 2, 2005)

CHAPTER 9-605M - AGRICULTURAL ZONE USE REGULATIONS

Tables:

9-605.2M - PERMITTED USE TYPES.

Permitted, not permitted and conditionally permitted use types in the AU zone shall be as provided in Table 9-605.2M.

(Ord. 3813 (part), 1994)

9-605.3M - ACCESSORY USES AND STRUCTURES.

Permitted, not permitted and conditionally permitted accessory uses and structures in the AU zone shall be as provided in Table 9-605.3M. Accessory uses or structures not specifically listed in Table 9-605.3M 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. 3813 (part), 1994)

9-605.4M - TEMPORARY USES AND STRUCTURES.

Permitted, not permitted and conditionally permitted temporary uses and structures in the AU zone shall be as provided in Table 9-605.4M. Temporary uses or structures not specifically listed in Table 9-605.4M may be allowed, subject to an Improvement Plan.

(Ord. 3813 (part), 1994)

TABLE 9-605.2M - USES IN AGRICULTURAL ZONES

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 Agricultural Zones AU

Residential Use Types

Family Residential

Single-Family P

Two-Family -

Small Multifamily -

Large Multifamily -

Farm Employee Housing -

 Small P

 Large -

Group Care

Small P

Large -

Adult Day Care -

Farm Related -

Group Residential -

Mobilehome Park -

Shelters

Small P

Medium -

Large -

Nonresidential Use Types

Administrative Offices -

Administrative Support Service -

Adult Entertainment -

Aerial Services

Farm -

Heliport -

Agricultural Organizations -

Agricultural Processing

Preparation Services -

Food Manufacturing -

Agricultural Sales

Feed and Grain -

Agricultural Chemicals -

Agricultural Warehousing -

Agricultural Wastes -

Animal Feeding and Sales -

Animal Raising

Exotic Animals S

General P

Hogs -

Small Animals S

Family Food Production P

Educational Animal Project P

Zoo -

Petting Zoo -

Animal Specialty Services

Farm -

Pet -

Kennel -

Kennel, Small Breeding -

Auction Sales

Indoor -

Outdoor -

Automotive Sales and Services

Automotive Rentals -

Automotive Repairs, Light -

Automotive Repairs, Heavy -

Automotive Sales -

Cleaning -

Inoperable Vehicle Storage -

Operable Vehicle Storage -

Parking -

Building Maintenance Services -

Child Care Services

Family Day Care Homes P

Child Care Centers S

Communication Services

Type I -

Type II -

Type III -

Type IV -

Community Assembly -

Construction Sales -

Construction Services

Light -

Heavy -

Crop Production P

Cultural and Library Services -

Custom Agricultural Manufacturing -

Custom Manufacturing -

Dairies -

Eating Establishments

Convenience -

Full Service -

Educational Services

Commercial -

General -

Equipment Sales and Repair

Farm Machinery, Sales -

Farm Machinery, Repair -

Heavy Equipment -

Leisure -

Aircraft -

Explosives Handling -

Farm Services -

Funeral and Interment Services

Cemeteries -

Interring and Cremating -

Undertaking -

Gasoline Sales

Service -

Combination -

General Industrial

Limited -

Intermediate -

Heavy -

Hazardous Industrial -

High Technology Industry -

Laundry Services -

Liquor Sales

On-Premises, General -

On-Premises, Limited -

Off-Premises -

Lodging Services

Bed and Breakfast -

Motel -

Major Impact Services U

Medical Services -

Nursery Sales and Services

Wholesale PI

Retail -

Landscaping Services S

Personal Storage -

Petroleum and Gas Extraction S

Produce Sales

Farm Produce Stands PI

Farm Markets S

Professional Services -

Public Services

Administrative -

Essential S

Quarry Operations -

Recreation

Campgrounds U

Indoor Participant -

Indoor Spectator -

Marinas -

Outdoor Entertainment, Large Scale -

Outdoor Entertainment, Small Scale -

Outdoor Sports Clubs -

Parks U

Resorts -

Nature Preserve -

Recycling Services

Consumer -

Scrap Operations -

Religious Assembly

Neighborhood -

Community -

Regional -

Research and Laboratory Service -

Retail Sales and Services

Primary -

Intermediate -

General -

Signs—Off Premises -

Stables

Neighborhood S

Commercial U

Transportation Services -

Truck Sales and Services

Parking -

Cleaning -

Stops -

Repairs -

Sales -

Terminals -

Utility Services

Minor PI

Major PI

Wholesaling and Distribution

Light -

Heavy -

(Ord. 3813 (part), 1994; Ord. 3953, § 3, 1997; Ord. 3974, § 8, 1998; Ord. No. 4385, § 21, 1-12-2010; Ord. No. 4541, § 5, 11-5-2019)

TABLE 9-605.3M

ACCESSORY USES AND STRUCTURES IN AGRICULTURAL ZONES

Legend: P Permitted Use S Use Permitted Subject to Site Approval SD Use Permitted Subject to Second-Unit Dwelling Permit

Accessory Use or Structure Agricultural Zone AU

Antennae, Radio/TV Dish P

Barn P

Biomass Energy Production for use on premises S

Boathouse, Private (one/lot) P

Coop P

Dock, Private (one/lot) P

Firewood Sales, grown on-site or within a five (5) P mile radius of the premises

Garage, Private (up to three (3) vehicles) P

Greenhouse, Private P

Guesthouse P

Horse Raising P

Nonresidential Mobilehome P

Packing Shed, Private P

Pump/Pumphouse P

Second-Unit Dwelling SD

Silo P

Stable, Private P

Storage Building, Private P

Swimming Pool and Equipment P

Truck Parking (Agricultural) S

Water Storage Facility P

Wind Machine, Private P

Workshop/Hobby Shop P

(Ord. 3813 (part), 1994; Ord. No. 4385, § 22, 1-12-2010)

TABLE 9-605.4M

TEMPORARY USES AND STRUCTURES IN AGRICULTURAL ZONES

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 AX  Permitted Subject to Agricultural Excavation Permit

Temporary Use or Structure Agricultural Zone AU

Agricultural Excavation AX

Auction, Agricultural Machinery PI

Auction, Livestock S

Batch Plant -

Boutique Sales (limit of two (2) per year) P

Carnival/Circus U

Christmas Tree Sales PI

Corporation Yard S

Garage Sales (limit of two (2) per year) P

Halloween Pumpkin Sales PI

Motion Picture Filming P

Special Event PI

Subdivision Sales Office -

Temporary Building Incidental to Construction Works P

Temporary Farm Employee Housing -

Temporary Mobilehome P

Tent Revival U

(Ord. 3813 (part), 1994; Ord. No. 4385, § 23, 1-12-2010)

CHAPTER 9-700M - INTENT AND ORGANIZATION OF OTHER ZONES

9-700.1M - TITLE AND INTENT.

The intents of the other zones are amended as follows:

(a)

P-F Zone. The public facilities (P-F) zone in Mountain House is intended to provide for the establishment of schools meeting State requirements for primary, secondary and higher education; medical facilities; infrastructure facilities, such as the wastewater treatment plant and water treatment plant; police and fire protection facilities and other public buildings; the Transit Center; and places of religious assembly. This zone is intended to implement the public facilities land use category of the General Plan.

(b)

M-X Zone. The mixed-use (M-X) zone is intended to provide an integration of land use types, including office, retail, recreation, public and residential uses, under a coherent plan; provide a central location for community activities, such as parades, exhibits, shows and other civic functions that serve to give identity and interest to the lifestyle of a community; and otherwise create a focal point of activity within the community. The M-X zone allows for more urban densities, innovative design, and a more efficient land and infrastructure utilization than would be permitted under other traditional designations. The concurrent filing of a Specific Plan shall be required of areas to be zoned Mixed-Use. This zone is intended to implement the mixed-use land use category of the General Plan.

(Ord. 3813 (part), 1994)

CHAPTER 9-705M - OTHER ZONES USE REGULATIONS

Tables:

9-705.2M - PERMITTED USE TYPES.

Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-705.2M.

(Ord. 3813 (part), 1994)

9-705.4M - TEMPORARY USES AND STRUCTURES.

Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-705.4M. Temporary uses or structures not specifically listed in Table 9-705.4M may be allowed, subject to an Improvement Plan.

(Ord. 3813 (part), 1994)

9-705.5M - SPECIAL USE REGULATIONS IN THE M-X ZONE.

In addition to the provisions specified in Section 9-705.5 of the Development Title, the following additional provisions shall be applicable:

(a)

Single-family residential units which are not, in the opinion of the Review Authority, accessory dwellings shall be located in back of, or above, other uses permitted or conditionally permitted in the M-X zone.

(b)

Two-family residential units which are not, in the opinion of the Review Authority, accessory dwellings shall be located in back of, or above, other uses permitted or conditionally permitted in the M-X zone.

(Ord. 3813 (part), 1994)

9-705.6M - SPECIAL USE REGULATIONS IN THE P-F ZONE.

In addition to the provisions specified in Section 9-705.6 of the Development Title, the following additional provisions shall be applicable:

(a)

Communications Services Type II may be permitted only on land owned by the Mountain House Community Services District.

(Ord. 4365, § 2, 2008)

9-705.9M - DESIGN GUIDELINES.

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

(Ord. 4066, § 9, 2000)

TABLE 9-705.2M - USES IN OTHER ZONES

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 Other Zone P-F Other Zone M-X

Residential Use Types

Family Residential

Single-Family - PI

Two-Family - PI

Small Multifamily - PI

Large Multifamily - S

Farm Employee Housing

 Small - -

 Large - -

Group Care

Small - P

Large S -

Adult Day Care S -

Farm Related - -

Group Residential S U

Mobilehome Park - -

Shelters

Small - P

Medium - -

Large - -

Nonresidential Use Types

Administrative Offices - PI

Administrative Support Service - PI

Adult Entertainment - S

Aerial Services

Farm - -

Heliport - -

Agricultural Organizations - -

Agricultural Processing

Preparation Services - -

Food Manufacturing - -

Agricultural Sales

Feed and Grain - -

Agricultural Chemicals - -

Agricultural Warehousing - -

Agricultural Wastes - -

Animal Feeding and Sales - -

Animal Raising

Exotic Animals - -

General - -

Hogs - -

Small Animals - -

Family Food Production - -

Educational Animal Project - -

Zoo U -

Petting Zoo U U

Animal Specialty Services

Farm - -

Pet - S

Kennel - -

Kennel, Small Breeding - -

Auction Sales

Indoor - S

Outdoor - -

Automotive Sales and Services

Automotive Rentals - -

Automotive Repairs, Light - -

Automotive Repairs, Heavy - -

Automotive Sales - -

Cleaning - -

Inoperable Vehicle Storage - -

Operable Vehicle Storage - -

Parking PI S

Building Maintenance Services - -

Child Care Services

Family Day Care Homes P P

Child Care Centers S S

Communication Services

Type I PI PI

Type II S -

Type III - -

Type IV PI PI

Community Assembly PI S

Construction Sales - -

Construction Services

Light - -

Heavy - -

Crop Production P P

Cultural and Library Services PI PI

Custom Agricultural - - Manufacturing

Custom Manufacturing S -

Dairies - -

Eating Establishments

Convenience - PI

Full Service - PI

Educational Services

Commercial S S

General S S

Equipment Sales and Repair

Farm Machinery, Sales - -

Farm Machinery, Repair - -

Heavy Equipment - -

Leisure - -

Aircraft - -

Explosives Handling - -

Farm Services - -

Funeral and Interment Services

Cemeteries S -

Interring and Cremating S -

Undertaking - S

Gasoline Sales

Service - -

Combination - -

General Industrial

Limited - -

Intermediate - -

Heavy - -

Hazardous Industrial - -

High Technology Industry - -

Laundry Services - -

Liquor Sales

On-Premises, General - PI

On-Premises, Limited - PI

Off-Premises - PI

Lodging Services

Bed and Breakfast - -

Motel - S

Major Impact Services U -

Medical Services U PI

Nursery Sales and Services

Wholesale - -

Retail - S

Landscaping Services - -

Personal Storage - -

Petroleum and Gas Extraction U U

Produce Sales

Farm Produce Stands - PI

Farm Markets - S

Professional Services - PI

Public Services

Administrative PI PI

Essential U S

Quarry Operations - -

Recreation

Campgrounds - -

Indoor Participant S S

Indoor Spectator S U

Marinas - -

Outdoor Entertainment, Large S - Scale

Outdoor Entertainment, Small S - Scale

Outdoor Sports Clubs - -

Parks S S

Resorts - -

Nature Preserve - -

Recycling Services

Consumer - PI

Scrap Operations - -

Religious Assembly

Neighborhood S S

Community S U

Regional U -

Research and Laboratory Service - -

Retail Sales and Services

Primary - S

Intermediate - PI

General - PI

Signs—Off Premise - -

Stables

Neighborhood - -

Commercial - -

Transportation Services - -

Truck Sales and Services

Parking - -

Cleaning - -

Stops - -

Repairs - -

Sales - -

Terminals - -

Utility Services

Minor P PI

Major S -

Wholesaling and Distribution

Light - -

Heavy - -

(Ord. 3813 (part), 1994; Ord. 3974, § 9, 1998; Ord. No. 4385, § 24, 1-12-2010; Ord. No. 4541, § 6, 11-5- 2019)

TABLE 9-705.4M

TEMPORARY USES AND STRUCTURES IN OTHER ZONES

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 AX Permitted Subject to Agricultural Excavation Permit

Temporary Use or Structure Other Zone Other Zone P-F M-X

Agricultural Excavation AX (- 1 ) -

Auction, Agricultural Machinery S (- 1 ) -

Auction, Livestock - -

Batch Plant - -

Boutique Sales (limit of two (2) per year) - P

Carnival/Circus S S

Christmas Tree Sales - PI

Corporation Yard S S

Garage Sales (limit of four (4) per year within Specific Plan III area, two (2) P P per year otherwise)

Halloween Pumpkin Sales - PI

Motion Picture Filming P P

Special Event

Special Indoor Event - PI

Special Outdoor Event - PI

Subdivision Sales Office - PI

Temporary Building Incidental to Construction Works P P

Temporary Mobilehome - -

Tent Revival S U

1  Applies within Specific Plan III area of Mountain House.

(Ord. 3813 (part), 1994; Ord. 4276, § 15, 2005)

CHAPTER 9-710M - OTHER ZONE LOT AND STRUCTURE REGULATIONS

Tables:

9-710.2M - LOT AREA.

The minimum lot area by industrial zone shall be the same as that specified in the development title. For purposes of referral, minimum lot area requirements are included in Table 9-710.2M.

(Ord. 3813 (part), 1994)

9-710.3M - LOT WIDTH.

The minimum lot width in the M-X and P-F zones shall be as provided in Table 9-710.2M.

(Ord. 3813 (part), 1994)

9-710.4M - SETBACKS.

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 9-1010 and Section 9-710.4, respectively).

(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. 3813 (part), 1994)

9-710.5M - HEIGHT.

Buildings and structures in the P-F and M-X zones shall not exceed the maximum building heights specified in Table 9-710.2M, except as provided below. (See Table 4.1 of the Master Plan.) Said exceptions shall be limited by any ordinance relating to airports, and shall serve to replace the chapter on height limits for special structures and the general provisions on building height in the development title (Chapter 9-1005 and Section 9-710.5, respectively).

(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. 3813 (part), 1994)

9-710.6M - BUILDING COVERAGE.

The maximum building coverage for the P-F and M-X zones shall be as provided in Table 9-710.2M.

(Ord. 3813 (part), 1994)

9-710.7M - CORNER LOTS.

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

(Ord. 3813 (part), 1994)

TABLE 9-710.2M

LOT AND STRUCTURE STANDARDS*

Zoning District Minimum Lot Size Minimum Lot Width Maximum Building Maximum Building (square feet) (feet) Height (stories) Coverage (percent)

P-F - - - 100 (60 1 )

M-X - 50 4 100

Setback Requirements**

Zoning District Arterial Street (feet) Collector and Local Side Setback (feet) Rear Setback (feet) Streets (feet)

P-F 15 15 - -

M-X - -

* See Sections 9-710.3M through 9-710.7M 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. 3813 (part), 1994; Ord. 4276, § 16, 2005)

CHAPTER 9-803M - GENERAL PLAN AMENDMENTS

9-803.3.1M - REQUIRED STUDIES.

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 County 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. 3813 (part), 1994)

9-803.4M - APPROVAL.

Prior to approving an application for a General Plan Amendment, the Planning Commission and the Board of Supervisors 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. 3813 (part), 1994)

CHAPTER 9-804M - MASTER PLANS

9-804.3.1M - REQUIRED STUDIES.

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 County 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. 3813 (part), 1994)

9-804.4M - APPROVAL.

Prior to approving an application for a Master Plan Amendment, the Planning Commission and the Board of Supervisors 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. 3813 (part), 1994)

CHAPTER 9-805M - PUBLIC FINANCING PLANS

9-805.3.1M - REQUIRED STUDIES.

Prior to taking action on an application for a Public Financing Plan Amendment, the impact of the proposed Public Financing Plan Amendment on the jobs/housing program and on housing affordability shall be determined. In addition, the potential impact of the Public Financing Plan Amendment on the financial and fiscal resources of the community and the County 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. 3813 (part), 1994)

9-805.4M - APPROVAL.

Prior to approving an application for a Public Financing Plan Amendment, the Planning Commission and the Board of Supervisors shall determine that the following are true:

(a)

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

(b)

The Public Financing 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. 3813 (part), 1994)

CHAPTER 9-806M - SPECIFIC PLANS

9-806.3.1M - REQUIRED STUDIES.

Prior to taking action on an application for a Specific Plan or Specific Plan Amendment, the impact of the proposed Specific Plan or Specific 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 Specific Plan or Specific Plan Amendment on the financial and fiscal resources of the community and the County 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. 3813 (part), 1994)

9-806.4M - APPROVAL.

Prior to approving an application for a Specific Plan or Specific Plan Amendment, the Planning Commission and the Board of Supervisors shall determine that the following are true:

(a)

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

(b)

The Specific Plan or Specific 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. 3813 (part), 1994)

CHAPTER 9-809M - MOUNTAIN HOUSE DEVELOPMENT TITLE TEXT AMENDMENTS

9-809.3.1M - REQUIRED STUDIES.

Prior to taking action on an application for a Mountain House Development Title Text Amendment (MHDTA), the impact of the proposed MHDTA 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 MHDTA on the financial and fiscal resources of the community and the County 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. 3813 (part), 1994)

9-809.4M - APPROVAL.

Prior to approving an application for a MHDTA, the Planning Commission and the Board of Supervisors shall determine that the following are true:

(a)

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

(b)

The MHDTA 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. 3813 (part), 1994)

CHAPTER 9-812M - ZONE RECLASSIFICATIONS

9-812.3.1M - REQUIRED STUDIES.

Prior to taking action on an application for a Zone Reclassification, the impact of the proposed Zone Reclassification 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 Zone Reclassification on the financial and fiscal resources of the community and the County 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. 3813 (part), 1994)

9-812.4M - APPROVAL.

Prior to approving an application for a Zone Reclassification, the Planning Commission and the Board of Supervisors shall determine that all of the following are true:

(a)

The zone district is consistent with the General Plan, the Master Plan, any applicable Specific Plan and the Public Financing Plan;

(b)

The zone district is reasonable and beneficial at the time;

(c)

The zone district shall not adversely affect the jobs/housing program and housing affordability; and

(d)

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

(Ord. 3813 (part), 1994)

CHAPTER 9-815M - SPECIAL PURPOSE PLANS

9-815.5.1M - REQUIRED STUDIES.

Prior to taking action on an application for a Special Purpose Plan, the impact of the proposed Special Purpose Plan 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 Special Purpose Plan on the financial and fiscal resources of the community and the County 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. 3813 (part), 1994)

9-815.6M - APPROVAL.

Prior to approving an application for a Special Purpose Plan, the Planning Commission and the Board of Supervisors shall determine that the following are true:

(a)

The Special Purpose Plan is consistent with the General Plan, the Master Plan, any applicable Specific Plan, and the Public Financing Plan;

(b)

The Special Purpose Plan 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. 3813 (part), 1994)

CHAPTER 9-818M - SITE APPROVALS

9-818.6M - FINDINGS.

Prior to approving an application for a Site Approval, the Review Authority shall find that all of the following are true:

(a)

Consistency. The proposed use is consistent with the goals, policies, standards and maps of the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the County;

(b)

Improvements. Adequate utilities, roadway improvements, sanitation, water supply, drainage and other necessary facilities have been provided, and the proposed improvements are properly related to existing and proposed roadways;

(c)

Site Suitability. The site is physically suitable for the type of development and for the intensity of development;

(d)

Issuance Not Detrimental. Issuance of the permit will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties;

(e)

Compatibility. The use is compatible with adjoining land uses; and

(f)

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

(Ord. 3813 (part), 1994)

CHAPTER 9-821M - USE PERMITS

9-821.7M - FINDINGS.

Prior to approving an application for a Use Permit, the Review Authority shall find that all of the following are true:

(a)

Consistency. The proposed use is consistent with the goals, policies, standards and maps of the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public

Financing Plan and any other applicable plan adopted by the County;

(b)

Improvements. Adequate utilities, roadway improvements, sanitation, water supply, drainage and other necessary facilities have been provided, and the proposed improvements are properly related to existing and proposed roadways;

(c)

Site Suitability. The site is physically suitable for the type of development and for the intensity of development;

(d)

Issuance Not Detrimental. Issuance of the permit will not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements of adjacent properties;

(e)

Compatibility. The use is compatible with adjoining land uses; and

(f)

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

(Ord. 3813 (part), 1994)

CHAPTER 9-824M - DEVIATIONS

9-824.5M - FINDINGS.

Prior to approving an application for a deviation, the Review Authority shall find that all of the following are true:

(a)

Not Detrimental. The granting of the deviation will not be materially detrimental to other properties or land uses in the area;

(b)

Exceptional Circumstances. There are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended uses that do not apply to other properties in the same zoning district in the vicinity;

(c)

Denial of Privileges. The strict application of the regulation deprives the property of privileges enjoyed by other properties in the vicinity;

(d)

Consistency. The proposed use is consistent with the goals, policies, standards and maps of the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the County; and

(e)

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

(Ord. 3813 (part), 1994)

CHAPTER 9-827M - VARIANCES

9-827.5M - FINDINGS.

Prior to approving an application for a variance, the Review Authority shall find that all of the following are true:

(a)

Special Circumstances. Because of the special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the regulation deprives the property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(b)

No Special Privileges. The granting of the variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated;

(c)

Use Authorized. The variance will not authorize a use or activity which is not otherwise expressly authorized by the regulation governing the parcel of property; and

(d)

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

(Ord. 3813 (part), 1994)

CHAPTER 9-830M - ACCESSORY DWELLING UNITS (ADU)

9-830.1M - INTENT.

The intent of this Chapter is to provide methods for approving accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in the Mountain Home Development on lots with primary single­family

dwellings in order to increase housing opportunities.

(Ord. 3974, § 10 (part), 1998; Ord. No. 4568, § 8, 1-26-2021)

9-830.1.1M - PERMIT REQUIREMENTS.

An Accessory Dwelling Unit (ADU) Permit shall be required as follows for an ADU proposed on a lot that has not been designated on a parcel map or a final map to contain a second unit dwelling. For an ADU proposed on a lot that has been previously designated on a parcel map or a final map to contain a second unit dwelling, an ADU Permit shall not be required.

(a)

Detached and Attached ADUs. An ADU permit is required for the creation of an attached or detached ADU unless:

(1)

The ADU is a detached structure no more than sixteen (16) feet high that has a floor area no greater than eight hundred (800) square feet and maintains a minimum four-foot side and rear yard setback; or

(2)

The ADU is on a lot with an existing legal multi-family residential use.

(3)

Detached and attached ADUs that do not require an ADU permit must submit a building permit application and an ADU Checklist to the Community Development Department to ensure that the standards of this Chapter are met. The Department shall not issue a building permit without an approved ADU Checklist.

(b)

Interior ADUs and JADUs. An ADU permit is not required for an interior ADU JADU if the proposed unit meets the following requirements and the property owner obtains a building permit:

(1)

The interior ADU and JADU will be contained within an existing Single Family Dwelling Unit.

(2)

The JADU is not more than five hundred (500) square feet in size.

(3)

The interior ADU and JADU will have exterior access from a public right-of-way that is independent from the existing residence. This access may be provided through a front yard, side yard, or rear yard.

(4)

A kitchen or efficiency kitchen is provided.

(5)

Access to a bathroom is required, which in the case of a JADU may be part of the JADU or located in the existing primary dwelling. If provided as part of the primary dwelling, the JADU shall have direct access to the main living area of the primary dwelling so as not to need to go outside to access bathroom.

(6)

No additional parking is required for a JADU, but one (1) space must be provided for an interior ADU.

(7)

The owner of the JADU must occupy either the JADU or the remaining portion of the single-family residence.

(c)

Other Required Permits and Approvals. Projects that are exempt from obtaining an ADU Permit are still subject to applicable permit requirements and approvals including but not limited to building permits, grading permits, encroachment permits, home occupation permits, flood variances, if required, sanitation permits, well permits, and other construction-related permits and approvals. The County shall not issue final building permits for an ADU or JADU before it finals building permits for the primary dwelling.

(Ord. 3974, § 10 (part), 1998; Ord. No. 4568, § 8, 1-26-2021)

9-830.2M - PERMITTED ZONES; GENERAL REQUIREMENTS AND RESTRICTIONS.

ADUs and JADUs shall be permitted in the R-VL, R­ L, R-M and R-MH zones. ADUs and JADUs may be permitted in the AU-20 zone, provided the underlying Master Plan designation is R/VL, R/L, R/M or R/MH.

(a)

Types of ADUs Allowed. An ADU may be either attached to, or located within, the proposed or existing primary dwelling, including attached garages, storage areas or similar uses, or an accessory structure or detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

(b)

Relation to Main Dwelling Unit. The accessory dwelling unit shall be clearly subordinate to the primary dwelling unit on the lot with regard to size, location and appearance. Detached or attached accessory dwelling units shall have exterior walls and roofs that are consistent with the primary dwelling unit and incorporate the same or similar building materials, colors, and exterior surfaces and finishes as those on the primary dwelling unit.

(c)

Relation to General Plan and Zoning Density Limits. An ADU that conforms to the standards of this Chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is

consistent with the General Plan and zoning designations for the lot. The ADU shall not be considered in the application of any County ordinance, policy, or program to limit residential growth.

(d)

Permanent Address. The property owner shall obtain an approved permanent address is for an ADU and JADU.

(e)

Water and Wastewater Disposal Service Availability. Prior to issuance of a building permit for an ADU, the property owner must provide confirmation that adequate water and wastewater disposal service is available, either from a service provider or from a well and on-site septic system, to the Zoning Administrator.

(f)

Fees. The property owner of an ADU or JADU shall be subject to the payment of all sewer, water, and other applicable fees, except as specifically provided in Government Code Section 65852.2 and 65852.22. No impact fee shall be charged for development of an ADU less than seven hundred fifty (750) square feet in size. In this context, the term "impact fee" does not include any connection fee or capacity charge established by the County or other local agency, special district or water corporation.

(g)

ADUs Subject to Flood Hazards. All ADUs located in a floodplain designated pursuant to Chapter 9-1605, Flood Hazards, shall comply with the provisions of that chapter.

(h)

Sprinklers. Fire sprinklers are not required for ADUs and JADUs if sprinklers are not required for the primary residence.

(i)

Restrictions. All ADUs and JADUs are subject to the following restrictions:

(1)

The development and use of the ADU or JADU shall only be valid and permitted based on the terms established in this Chapter.

(2)

Prior to issuance of a building permit for an ADU or JADU, the property owner shall record a deed restriction with the County Recorder's Office and provide a copy of the stamped deed restriction to the Community Development Department including the following restrictive covenants:

(A)

The ADU or JADU shall not be sold separately from the primary residence;

(B)

The ADU or JADU is restricted to the maximum size allowed by Chapter 9-832, Residential Accessory Dwelling Units, of this Title or as approved by an ADU Permit;

(C)

The property owner and all successors in interest in the property shall respond to the County's periodic surveys of owners of ADU and JADUs for reporting purposes to the State Department of Housing and Community Development; and

(3)

If the ADU or JADU is rented, it shall not be rented for a period of less than thirty (30) consecutive days.

(Ord. 3813 (part), 1994; Ord. 3974, § 10 (part), 1998; Ord. 4066, § 10, 2000; Ord. 4333, § 7, 2007; Ord. No. 4568, § 8, 1-26-2021)

9-830.3M - REQUIREMENTS FOR ADU PERMIT APPLICATION.

An application for an ADU Permit may be initiated by the property owner or the property owner's authorized agent. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the Board of Supervisors, shall be required. The following minimum requirements shall be met when filing an application for an ADU Permit and shall replace those specified in the Development Title:

(a)

Existing Residence. There shall be no more than one (1) existing single-family dwelling on the property.

(b)

Number of Units. There shall be no more than one (1) ADU and one (1) JADU per parcel.

(Ord. 3974, § 10 (part), 1998; Ord. No. 4568, § 8, 1-26-2021)

9-830.5M - DEVELOPMENT REQUIREMENTS.

The development requirements provided by this Chapter shall be applicable to all ADUs and JADUs, including those designated on a Second Unit Dwelling Plan submitted with the subdivision map application. The following development requirements shall replace those specified in the Development Title.

(a)

Size of Unit.

(1)

In R-VL, R-L, R-M and R-MH zones an ADU shall not exceed eight hundred and fifty (850) square feet or one thousand (1,000) square feet of floor area if it provides more than one (1) bedroom.

(2)

If there is an existing primary dwelling, an attached ADU shall not exceed fifty percent (50%) of the gross floor area of the primary dwelling.

(3)

Within the AU-20 zone, ADUs are allowed if the underlying Master Plan designation is R/VL, R/L, R/M or R/MH and the ADU does not exceed five hundred (500) square feet of floor area.

(b)

Height. An attached ADU or detached ADU shall not exceed sixteen (16) feet in height, or when more than fifty percent (50%) of the floor area of an ADU is located above an existing or proposed garage, the entire combined structure (the garage plus the ADU) shall not exceed twenty-five (25) feet in height.

(c)

Location. Detached ADUs shall be separated from the primary dwelling and any accessory structures on the lot by a minimum of three (3) feet.

(d)

Off-Street Parking. The minimum parking requirement for an ADU shall be one (1) parking space. This space may be provided as tandem parking on an existing driveway or in a setback area. No parking shall be required for a JADU, and no additional parking shall be required if the ADU is located: (1) within one-half (½) mile of public transit; (2) in an historic district designated by the County; (3) in part of an existing primary residence or an existing accessory structure; (4) in an area requiring on-street parking permits but they are not offered to the occupant of the accessory dwelling unit; or (5) within one (1) block of a car-share pick up/drop-off location. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or converted to an ADU, the off-street parking provided by the garage, carport or covered parking structure does not have to be replaced.

(e)

Access. An ADU may be accessed by a common driveway serving both the ADU and the primary single- family dwelling, a second driveway when the ADU is located on a corner lot, or a rear alley, providing such access is in keeping with the character of the neighborhood.

(f)

Compatibility. The ADU shall be of the same architectural style and constructed of the same materials as the garage and the primary single- family dwelling. If attached to the primary single- family dwelling or to the garage, the second unit dwelling shall be visually and physically integrated into said primary single-family dwelling or garage.

(g)

Entries. The entry into an ADU shall be visually subordinate or secondary to the entry into the primary single- family dwelling.

(h)

Lot Characteristics. The lot upon which an ADU is located shall be appropriately located and sized to accommodate the ADU.

(i)

Lot Coverage. An ADU will not be required to conform to the lot coverage standard of the zone where the ADU will be located if application of the coverage standard would violate Government Code Section 65852.2 (c)(2)(C) and not allow an 800-square foot ADU that is 16 feet in height with four-foot side and rear yard setbacks.

(j)

Building Plans.

(1)

An ADU shall include provisions for living, eating, cooking, sleeping, and sanitation, including a closet or other reasonable storage.

(2)

All exterior lighting, including landscape lighting, shall be shielded or directed so that it does not create glare off-site or illuminate the primary dwelling or adjacent property.

(3)

For privacy and security, windows in ADUs that are within fifteen (15) feet of a side or rear lot line shall be located to avoid line of sight to windows of habitable rooms on adjacent properties. Obscured glass and other techniques may be used to avoid line of sight.

(4)

An ADU shall have separate exterior access. The exterior access shall be a standard exterior door that is located where it preserves, to the greatest extent feasible, the privacy of the primary dwelling and adjoining residences.

(5)

A permanent foundation is required for all ADUs.

(k)

Building Permits. If an ADU is to be constructed on a lot that has been designated on a Second Unit Dwelling Plan to serve as a site for the ADU, or the ADU is integral to the structure of the primary residential unit, the building permit for said ADU shall be issued concurrently with the building permit for the primary dwelling on the lot. In such instances, the final inspection for the ADU shall take place concurrently with the final inspection for the primary dwelling.

(l)

Required Number of Lots. For a Second Unit Dwelling Plan, the number of lots upon which second unit dwellings will be located shall be at least six and one-half percent (6.5%) of the total number of residential lots depicted on the relevant tentative map, rounded to the nearest whole number, unless the required number of lots for second unit dwellings has been provided elsewhere in the neighborhood on previously approved tentative maps.

(m)

Setbacks. No setback shall be required for an interior ADU or converted ADU, and a setback of no more than four (4) feet from the side and rear lot lines shall be required for an ADU that is not converted from an existing structure or a new structure. The ADU shall comply with all of the other yard requirements for a primary single-family dwelling in the zone as well as the following requirements:

(1)

Except as provided in Subsections (m)(2) and (m)(3), the ADU shall not extend beyond the front of the primary single-family dwelling.

(2)

In areas zoned AU, the ADU , if not a manufactured home, may extend beyond the front of the primary single-family dwelling, provided it does not extend into the front yard setback.

(3)

In areas zoned R-L or R-M, an ADU may extend beyond the front of the primary single-family dwelling.

(4)

For the purpose of this Section, the front of the primary single-family dwelling is defined as that part of the primary single-family dwelling that is nearest to the front yard setback.

(n)

Supplemental Standards for Attached ADUs.

(1)

An attached accessory dwelling unit must share at least one (1) common wall or roofline with the living area of the principal dwelling.

(2)

An attached accessory dwelling unit shall have a separate entrance, located on the side or the rear of the ADU; provided, however, that in no event shall any external stairwell be placed within the side yard setback.

(o)

Supplemental Standards for JADUs.

(1)

A JADU shall not contain more than five hundred (500) square feet of floor space and shall be contained entirely within an existing single-family or duplex dwelling. An efficiency unit (a single room that includes sleeping and kitchen function) shall not contain less than one hundred fifty (150) square feet of floor space, exclusive of a bathroom.

(2)

A junior accessory dwelling unit (JADU) must be created within the existing walls of an existing primary dwelling, which may be a single family dwelling or a duplex and must include conversion of an existing bedroom or other space within the dwelling to habitable space.

(3)

A separate exterior entry shall be provided to serve a JADU.

(4)

A JADU shall include an efficiency kitchen with a sink, a cooking appliance and refrigeration facilities, a food preparation counter, and storage cabinets.

(5)

Access to a bathroom is required, which may be part of the JADU or located in the existing primary dwelling. If provided as part of the primary dwelling, the JADU shall have direct access to the main living area of the primary dwelling so as not to need to go outside to access bathroom.

(6)

No additional parking is required for a JADU.

(p)

Supplemental Standards for Detached ADUs.

(1)

The distance between the principal dwelling and a detached ADU must be at least ten (10) feet.

(2)

A detached accessory structure legally in existence prior to the effective date of this Section and located outside of the front yard setback, may be converted into an accessory dwelling unit, regardless of any existing nonconformity as to side setback, rear setback, or height if:

(A)

The existing structure is not modified or added to in any way that increases the level of nonconformity with all applicable regulations in Title 9;

(B)

The floor area of the resulting ADU does not exceed one thousand two hundred (1,200) square feet; and

(C)

The minimum parking requirements are met on site.

(Ord. 3813 (part), 1994; Ord. 3974, § 10 (part), 1998; Ord. 4066, § 11, 2000; Ord. 4242, §§ 7, 8, 2005; Ord. 4333, § 8, 2007; Ord. No. O-15-4460, 3-10-2015; Ord. No. 4568, § 8, 1-26-2021)

CHAPTER 9-836M - DWELLING CLUSTERS

9-836.1M - GENERAL.

Chapter 9-836 in the development title concerning dwelling clusters shall not be applicable to the Mountain House New Town. Dwelling clusters as defined in the Development Title shall not be allowed in Mountain House.

(Ord. 3813 (part), 1994)

CHAPTER 9-839M - HOME OCCUPATION PERMIT

9-839.5M - DEVELOPMENT REQUIREMENTS.

The Development Requirements concerning Home Occupation Permits shall be as specified in the Development Title with the following modifications:

(a)

Permitted Home Occupations. Only home occupations subject to the Staff Review Procedure shall be permitted.

(b)

Size Limits. Up to four hundred (400) square feet and no more than one-third (⅓) of any residence, including a second unit dwelling, may be used for the home occupation.

(c)

Commercial Vehicle. Any commercial vehicle used in a home occupation business shall be parked within a garage or carport of the residence.

(d)

Objectionable Impacts. Work that produces noise, vibration, glare, fumes, odors, dust or electrical interference outside of the residence or structure is prohibited.

(Ord. 3813 (part), 1994; Ord. 3953, § 4, 1997)

CHAPTER 9-851M - AGRICULTURAL EXCAVATION PERMITS

9-851.5M - FINDINGS.

Prior to approving an application for an Agricultural Excavation Permit, the Review Authority shall find that all of the following are true:

(a)

The amount of the material being removed is the least amount required to enhance the agricultural suitability of the property;

(b)

The excavation will not have a detrimental effect on any surrounding agricultural lands;

(c)

Issuance of the permit shall not be significantly detrimental to the public health, safety or welfare, or be injurious to the property or improvements in the vicinity; and

(d)

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

(Ord. 3813 (part), 1994 ; Ord. 4241, § 8, 2005)

CHAPTER 9-854M - QUARRY EXCAVATION PERMITS

9-854M - GENERAL.

Chapter 9-854 in the development title concerning quarry excavation permits, shall not be applicable to the Mountain House New Town. Quarry Excavations as defined in the Development Title shall not be allowed in Mountain House.

(Ord. 3813 (part), 1994)

CHAPTER 9-857M - MAJOR SUBDIVISIONS

9-857.2M - REQUIREMENTS FOR APPLICATION.

In addition to the application requirements specified in Section 9-857.2 and Chapters 9-905 and 9-905M of the Development Title, the application requirements listed below shall be applicable. The Community Development Director may waive one or more of the application requirements if inapplicable to the project, or valid information has been previously submitted.

(a)

Reports. The following reports/documents shall be submitted with the Major Subdivision Application:

(1)

Cultural Resources Report, specifying the method of preserving significant architectural and/or historic cultural resources within the boundaries of the proposed subdivision;

(2)

Canal Report, evaluating the safety of open canals within one-half (½) mile of the boundaries of the proposed subdivision, and specifying the means to be taken to reduce the attractive nuisance of such canals to the future residents of the proposed subdivision;

(3)

Special Status Species Survey, consisting of a survey conducted by a qualified biologist of special status species within the boundaries of the proposed subdivision;

(4)

Tree Survey, specifying the location, species, and condition of all mature trees within the proposed subdivision;

(5)

Nesting Site Survey, consisting of a survey conducted by a qualified biologist of occupied raptor nests in trees and of burrowing owl nesting sites within the boundaries of the proposed subdivision;

(6)

Noise Study, conducted pursuant to Section 9-1025.9M, consisting of an assessment of existing and proposed noise contours, and proposed measures to control noise;

(7)

Farm Irrigation Drainage Report, consisting of a map of existing farm drains that traverse the proposed subdivision, identified by type, location and function; an analysis of the impacts of the proposed subdivision on the existing farm irrigation drainage system; a determination of the planned dispossession of the system, including the abandonment of specific pipes and drains; a determination of whether the farm irrigation drainage system could be integrated into the storm system for the proposed subdivision; and an estimate of the costs associated with reconstructing or rerouting irrigation waters caused by the proposed subdivision.

(b)

Attachments. The following attachments shall be submitted with the Major Subdivision Application.

(1)

Will Serve Letters for all public services and utilities from the CSD and other service providers;

(2)

If a Development Agreement has been executed for the subject area, letter acknowledging completion of all required plans and programs as specified in said Development Agreement;

(3)

Vehicle Circulation Plan and Roadway Improvement Plan;

(4)

Typical sections, including standards, for streets, alleys, bicycle paths/lanes, and pedestrian sidewalks/paths;

(5)

Pedestrian, Bicycle, and Transit Connections Plan;

(6)

Fencing and Edge Treatment Plan, showing community walls and community edge treatments and including community edge buffers;

(7)

Soundwall Plan;

(8)

Street Landscaping Plan, including neighborhood and community entries, showing implementation of CSD Roadway Landscaping Plan;

(9)

Street Lighting Plan;

(10)

Second Unit Dwelling Plan, showing the location of all required second unit dwellings on a lot by lot basis, in accordance with Section 9-830.5M;

(11)

Open Space, Recreation, and Trails Plan;

(12)

Sensitive Habitats Map, showing sensitive habitats, waterways, wetlands, and riparian areas;

(13)

Conceptual Site Design Plan, showing sidewalks, driveways, pathways, off-street parking, building footprints, setbacks and building coverage, landscaping, and internal circulation (for nonresidential uses), for each specific land use type; and

(14)

Neighborhood Center Special Purpose Plan, if applicable, with illustrative drawings and map of the Neighborhood Center showing land use and building types (including child care centers), sidewalks, driveways, pathways, internal circulation, off-street parking, building footprints, setbacks, building coverage, landscaping, recreational uses, activity areas, and transit stops; and including related documents,

specifically, the School Facilities Plan, the Neighborhood Park Plan, and Joint Powers Agreement for joint use of school and park facilities.

(c)

Project Description. A project description shall be submitted with the Major Subdivision Application. The project description shall provide sufficiently detailed information, as identified on the application form, to provide for comprehensive consistency findings with the Master Plan, Specific Plan, Development Title, EIR mitigations and monitoring program, and any applicable Special Purpose Plans or CSD Plans.

(Ord. 4066, § 12, 2000)

9-857.4M - FINDINGS.

Prior to approving an application for a major subdivision, the Review Authority shall find that all of the following are true:

(a)

Plan Consistency. The proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan, and any other applicable plan adopted by the County;

(b)

Design or Improvement. The design or improvement of the proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan and any applicable Special Purpose Plan;

(c)

Type of Improvement. The site is physically suitable for the type of development proposed;

(d)

Density of Development. The site is physically suitable for the proposed density of development;

(e)

Fish or Wildlife. Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

(f)

Public Health. The design of the subdivision or type of improvement is not likely to cause significant public health problems;

(g)

Access. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision;

(h)

Dedications. Any land or improvement to be dedicated to a public agency is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, and any other applicable plan adopted by the County;

(i)

Energy. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as required by Government Code Section 66473.1; and

(j)

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

(Ord. 3813 (part), 1994; Ord. 3974, § 11, 1998; Ord. 4066, § 13, 2000)

9-857.7M - PRELIMINARY MAPS.

A Preliminary Map that is a Major Subdivision application may, at the discretion of the Director, be required to meet all or some of the requirements for tentative maps specified by the Mountain House Master Plan and the Development Title.

(Ord. 3953, § 5 (part), 1997)

9-857.8M - MAJOR SUBDIVISIONS NOT WITHIN MASTER PLAN DENSITY RANGE.

A Major Subdivision Application in which the subdivision exceeds or falls below the density range for any given land use designation specified by the Mountain House Master Plan may be approved, provided the density of development for said land use designation is within the General Plan density range and the Mountain House Master Plan density range for that land use district will be maintained for the neighborhood.

(Ord. 3953, § 5 (part), 1997; Ord. 4066, § 14, 2000)

9-857.9M - APPROVAL OF SPECIFIED MAJOR SUBDIVISION PLAN ATTACHMENTS.

The following attachments to a Major Subdivision Application shall be approved using the Staff Review procedure specified in Chapter 9-210 of the Development Title:

(a)

Vehicle Circulation Plan and Roadway Improvement Plan;

(b)

Pedestrian, Bicycle, and Transit Connections Plan;

(c)

Fencing and Edge Treatment Plan;

(d)

Soundwall Plan;

(e)

Street Landscaping Plan;

(f)

Street Lighting Plan;

(g)

Second Unit Dwelling Plan; and

(h)

Open Space, Recreation and Trails Plan.

The Director shall approve or deny these attachments, based upon consistency with the Master Plan, and other applicable community plans and development standards.

(Ord. 4066, § 15, 2000)

9-857.10M - AMENDMENT OF SECOND UNIT DWELLING PLAN.

An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 9-210 of the Development Title, provided the following conditions are met:

(a)

For each second unit dwelling that is to be relocated from an original designated parcel on the Second Unit Dwelling Plan, a replacement parcel shall be designated to provide a site for said second unit dwelling;

(b)

All replacement parcels noted in Subsection (a) shall be clearly indicated on the revised Second Unit Dwelling Plan; and

(c)

The replacement parcels specified in Subsection (a) shall be within the same neighborhood.

(Ord. 4066, § 16, 2000)

CHAPTER 9-860M - MINOR SUBDIVISIONS

9-860.2M - REQUIREMENTS FOR APPLICATION.

In addition to the application requirements specified in Section 9-860.2 and Chapters 9-905 and 9-905M of the Development Title, the additional application requirements specified in Section 9-857.2M for Major

Subdivision Applications shall be required for Minor Subdivision Applications.

(Ord. 4066, § 17, 2000)

9-860.4M - FINDINGS.

Prior to approving an application for a Minor Subdivision, the Review Authority shall find that all of the following are true:

(a)

Plan Consistency. The proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan, the Public Financing Plan and any other applicable plan adopted by the County;

(b)

Design or Improvement. The design or improvement of the proposed subdivision is consistent with the General Plan, the Master Plan, any applicable Specific Plan and any applicable Special Purpose Plan;

(c)

Type of Improvement. The site is physically suitable for the type of development proposed;

(d)

Density of Development. The site is physically suitable for the proposed density of development;

(e)

Fish or Wildlife. Neither the design of the subdivision nor any proposed improvements are likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat;

(f)

Public Health. The design of the subdivision or type of improvement is not likely to cause significant public health problems;

(g)

Access. The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision;

(h)

Dedications. Any land or improvement to be dedicated to a public agency is consistent with the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan and any other applicable plan adopted by the County;

(i)

Energy. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision, as required by Government Code Section 66473.1; and

(j)

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

(Ord. 3813 (part), 1994; Ord. 3974, § 12, 1998; Ord. 4066, § 18, 2000)

9-860.7M - PRELIMINARY MAPS.

A Preliminary Map that is a Minor Subdivision application may, at the discretion of the Director, be required to meet all or some of the requirements for tentative maps specified by the Mountain House Master Plan and the Development Title.

(Ord. 3953, § 6 (part), 1997)

9-860.8M - MINOR SUBDIVISIONS NOT WITHIN MASTER PLAN DENSITY RANGE.

A Minor Subdivision Application in which the subdivision exceeds or falls below the density range for any given land use designation specified by the Mountain House Master Plan may be approved, provided the density of development for said land use designation is within the General Plan density range and the Mountain House Master Plan density range for that land use district will be maintained for the neighborhood.

(Ord. 3953, § 6 (part), 1997; Ord. 4066, § 19, 2000)

9-860.9M - APPROVAL OF SPECIFIED MINOR SUBDIVISION PLAN ATTACHMENTS.

The following attachments to a Minor Subdivision Application shall be approved using the Staff Review procedure specified in Chapter 9-210 of the Development Title:

(a)

Vehicle Circulation Plan and Roadway Improvement Plan;

(b)

Pedestrian, Bicycle, and Transit Connections Plan;

(c)

Fencing and Edge Treatment Plan;

(d)

Soundwall Plan;

(e)

Street Landscaping Plan;

(f)

Street Lighting Plan;

(g)

Second Unit Dwelling Plan; and

(h)

Open Space, Recreation, and Trails Plan.

The Director shall approve or deny these attachments, based upon consistency with the Master Plan, and other applicable community plans and development standards.

(Ord. 4066, § 20, 2000)

9-860.10M - AMENDMENT OF SECOND UNIT DWELLING PLAN.

An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 9-210 of the Development Title, provided the following conditions are met:

(a)

For each second unit dwelling that is to be relocated from an original designated parcel on the Second Unit Dwelling Plan, a replacement parcel shall be designated to provide a site for said second unit dwelling;

(b)

All replacement parcels noted in Subsection (a) shall be clearly indicated on the revised Second Unit Dwelling Plan; and

(c)

The replacement parcels specified in Subsection (a) shall be within the same neighborhood.

(Ord. 4066, § 21, 2000)

CHAPTER 9-878M - REVISIONS OF APPROVED ACTIONS

9-878.4M - FINDINGS.

The following modification or amendment to the findings required for revisions of approved actions for major or minor subdivisions shall be applicable:

(a)

Major or Minor Subdivisions. For amendments to conditions of a tentative map or a vesting tentative map of an approved Major or Minor Subdivision application, the Review Authority shall find the following are true:

(1)

There are changes in circumstances which make any or all of the conditions of the tentative map or the vesting tentative map no longer appropriate or necessary; and

(2)

The conditions of the tentative map or the vesting tentative map shall conform to the findings of Chapter 9- 857M, if a major subdivision, or to the findings of Chapter 9-860M, if a minor subdivision.

(Ord. 3813 (part), 1994)

CHAPTER 9-890M - PARCEL MAP WAIVERS

9-890.4M - FINDINGS.

Prior to approving an application for a Parcel Map Waiver, the Review Authority shall find that all of the following are true:

(a)

Conformity with Laws. The proposed minor subdivision conforms with the Subdivision Map Act, the San Joaquin Development Title and the Mountain House Development Title;

(b)

Conformity with Regulations. The proposed minor subdivision:

(1)

Conforms to State and County requirements as to area, improvement and design, and flood water drainage control,

(2)

Has appropriate improved public roads available,

(3)

Has adequate sanitary disposal facilities available, and

(4)

Has adequate water supply available;

(c)

Environmental Effects. The proposed minor subdivision will not have an adverse effect on the environment;

(d)

Conformity with Plans. The proposed minor subdivision conforms to the General Plan, the Master Plan, any applicable Specific Plan, any applicable Special Purpose Plan and any other plans adopted by the County;

(e)

Conformity with Other Ordinances. The proposed minor subdivision conforms with all other County ordinances;

(f)

Lack of Need. A parcel map is not necessary to insure proper legal description of property, location of property lines and monumenting of property lines;

(g)

Size. The proposed minor subdivision shall result in all parcels being not less than forty (40) acres gross or a quarter of a quarter section;

(h)

Certificate of Compliance. A Certificate of Compliance has been obtained, or assurances have been given by the applicant that a Certificate of Compliance will be obtained;

(i)

Facilities. Appropriate improved public roads, adequate sanitary disposal facilities, and adequate water supplies are available; and

(j)

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

(Ord. 3813 (part), 1994)

CHAPTER 9-896M - Repealed by Ord. 3939. CHAPTER 9-905M - GENERAL PROVISIONS

9-905.9M - LOT REQUIREMENTS.

The following shall amend the provisions concerning Section 9-905 lot requirements of the Development Title:

(a)

Angle of Lot Side Line. Lot or parcel side lines shall be approximately normal to the street right-of-way lines to the extent practical.

(Ord. 4276, § 17, 2005)

9-905.12M - SURFACE AND SUBSURFACE CONTAMINATION REPORT.

In addition to the provisions concerning the Surface and Subsurface Contamination Report specified in the Development Title, the following provisions shall be applicable:

(a)

Site Assessment. The Surface and Subsurface Contamination Report shall include a site assessment prepared in accordance with ASTM standards to assess the presence of any fuel, pesticide, herbicide or chemical residue on or under the soil that is listed on the State or Federal list of toxic materials.

(1)

A component of the required site assessment shall be an investigation of the location and condition of currently used and abandoned water wells and gas wells.

(2)

If the Surface and Subsurface Contamination Report indicates the presence of residues in excess of allowable limits within the affected area, corrective actions shall be undertaken, as recommended in the report and concurred with by the County. Said corrective actions shall be conducted in accordance with the requirements of the County and the applicable State agency.

(3)

Corrective actions shall be completed prior to approval of the final map or parcel map.

(Ord. 3813 (part), 1994; Ord. 3953, § 7, 1997)

9-905.13M - DESIGN GUIDELINES.

Design Guidelines with development standards shall be submitted for review by the Community Development Department Director and Mountain House Design Consistency Review Committee. Said Design Guidelines shall be found by the Community Development Director to be consistent with the Mountain House Master Plan, Mountain House CSD Design Manual and other applicable, adopted community plans prior to approval of the final map or parcel map. Design Guidelines shall not be required for preliminary maps.

(Ord. 3813 (part), 1994; Ord. 4066, § 22, 2000)

CHAPTER 9-1015M - PARKING AND LOADING

Tables:

9-1015.3M - REQUIRED PARKING SPACES.

The following provisions shall replace the requirements specified in the Development Title concerning required parking spaces:

(a)

Applicability. All development in the Mountain House New Town shall conform to the parking requirements specified in Table 9-1015.3M.

(b)

Requirements Cumulative.

(1)

Whenever more than one (1) use type is proposed for a given project, the parking spaces calculated for each use type shall be summed to determine total minimum and maximum spaces needed for said project.

(2)

Where more than one (1) parking requirement is specified for a given use type, the parking spaces calculated and corresponding to each requirement shall be summed to determine total minimum and maximum spaces for that use type.

(c)

Spaces Based on Square Footage. The square footage requirements used in Table 9-1015.3M to calculate parking spaces refer to the total enclosed areas of all buildings on the lot, but excludes the area of spaces having a height of less than seven (7) feet and the area used exclusively for parking and loading.

(d)

Spaces Based on Employees. The employee requirements used in Table 9-1015.3M to calculate parking spaces refer to the maximum number of employees who could be working at one time when the facility is operating at full capacity.

(e)

Spaces Required When Use Type Not Specified. Whenever the use type for a proposed project is not specified or is unknown, the Director shall determine which use type parking standard to apply in calculating the required parking spaces for said project.

(Ord. 3813 (part), 1994)

9-1015.5M - DESIGN OF PARKING AREAS.

The design of off-street parking facilities shall be as provided in the Development Title, with the following modifications:

(a)

Parking Lot Design. Parking lot design and dimensions shall be in accordance with the Mountain House Design Manual.

(b)

Parking Space Size. The Director may approve a reduction in standard parking stall dimensions for all parking spaces to serve both full-sized and compact cars. Said parking stalls shall not be less than eight and one-half (8½) feet by eighteen (18) feet.

(c)

Compact Spaces. If parking stalls are not designed to accommodate both full-sized and compact cars, as specified in (b), compact spaces shall comprise a minimum of twenty-five percent (25%) of the total parking spaces required.

(d)

Parking Spaces for Carpools. In areas zoned for Public, Office Commercial (C-O) or Industrial uses, a minimum of ten percent (10%) of all parking areas with more than ten (10) spaces shall be allocated to carpool vehicles and cleaner fuel vehicles. Said spaces shall be located close to building entrances.

(e)

Passenger Loading Areas for Rideshare Vehicles. In areas zoned for Public, Office Commercial (C-O) or Industrial uses, passenger-loading areas for ridesharing vehicles shall be located near the main employee entrances to buildings.

(1)

For every two hundred (200) parking spaces provided, one (1) ridesharing vehicle space, measuring nine (9) feet by twenty (20) feet, shall be provided.

(2)

The area set aside for the ridesharing vehicle shall be covered and signed.

(3)

Carpool vehicles may use the ridesharing vehicle space, but said use shall be limited to passenger drop-off and pickup only.

(f)

Lighting. All off-street parking areas within commercially-zoned projects, and projects where the parking area is used at night, shall be provided with exterior lighting which meets the following minimum standards:

(1)

Parking lot luminaries shall be metal halide with ninety (90) degree cut-off and flat lenses, unless specified differently in the applicable Mountain House Design Manual.

(g)

Access. Access to parking areas shall be provided as follows:

(1)

Access driveways shall have a width of no less than twenty-four (24) feet for two-way aisles and sixteen (16) feet for one-way aisles, except that in no case shall driveways designated as fire department access be less than twenty (20) feet wide.

(Ord. 3813 (part), 1994; Ord. 3953, § 8, 1997; Ord. 4242, §§ 9, 10, 2005)

9-1015.6M - TRUCK PARKING AND LOADING.

The requirements for truck parking and loading shall be as provided in the Development Title, with the following modification:

Areas for receiving and loading of materials on the premises of commercial and industrial uses shall be located away from the public street to which the use is oriented.

(Ord. 3813 (part), 1994)

9-1015.7M - BICYCLE PARKING.

The following provisions shall replace the section in the Development Title concerning bicycle parking:

(a)

Each industrial and commercial site shall provide secure bicycle facilities, consisting of bicycle lockers or racks as appropriate, free of charge to all employees.

(b)

Bicycle storage for commercial, industrial, office and public uses shall be provided at a rate of five (5) spaces per building complex plus one (1) space for every fifteen (15) automobile parking spaces.

(c)

Office buildings or office complexes that are fifty thousand (50,000) net rentable square feet or larger or that contain one hundred (100) or more employees shall provide at least one (1) shower and seven (7) lockers each for men and women. For every fifteen (15) additional employees over one hundred (100), one (1) additional locker shall be provided. For every one hundred (100) additional employees over one hundred (100) one (1) additional shower shall be provided.

(d)

Secure bicycle storage facilities shall be provided at all park-and-ride lots and the Transit Center.

(Ord. 3813 (part), 1994; Ord. 3953, § 9, 1997)

9-1015.9M - MODIFICATION OF REQUIREMENTS.

In addition to the provisions specified in the Development Title, the following additional provision relative to the modification of parking requirements shall be applicable:

(a)

Mixed-Use District. Within the Mixed-Use Zone, the most recent shared parking guidelines published by the Urban Land Institute may be used as an option to Table 9-1015.3M to reduce total parking supply.

(b)

Reduction in Specified Minimums. Up to twenty-five percent (25%) reduction in specified minimums for required parking spaces may be approved by the Director.

(c)

Increase in Specified Maximums. Up to ten percent (10%) increase in specified maximums for required parking may be approved by the Planning Commission.

(d)

Deferred Parking. Where the expected need for off-site parking is uncertain, where future phases of a project are yet to be completed, or where there is no available data to establish parking space need, the Director may authorize that construction and provision of not more than fifty percent (50%) of the minimum required spaces specified by this Chapter be deferred, provided the following conditions are met:

(1)

The area where the deferred parking spaces are to be located shall be maintained in reserve and clearly identified on the Site Plan.

(2)

The area where the deferred parking spaces are to be located shall be landscaped, but said landscaping shall not prevent the ultimate provision of the parking spaces which have been deferred.

(Ord. 3813 (part), 1994; Ord. 3953, § 10, 1997)

TABLE 9-1015.3M

MINIMUM AND MAXIMUM PARKING REQUIREMENTS

Use Type or Use Spaces Required Spaces Required Unit of Minimum Maximum Measurement

Residential

Family Residential

Single-family 2.0 na per dwelling unit

Two-family 2.0 na per dwelling unit

Small multifamily 1.5 2.0 per dwelling unit

Large multifamily 1.5 2.0 per dwelling unit

Farm Labor Camp 0.25 0.33 per bed

Group Care 0.25 0.33 per bed

Group Residential 0.25 0.33 per bed

Second Unit Dwelling 1.0 na per dwelling unit

Shelters 0.25 0.33 per bed

Nonresidential

Administrative Offices 2.5 4.5 per 1000 sq. ft.

Administrative Support Services 2.5 4.5 per 1000 sq. ft.

Agricultural Organizations 2.5 4.5 per 1000 sq. ft.

Agricultural Processing 0.67 2.5 per 1000 sq. ft.

Agricultural Warehousing 0.67 2.5 per 1000 sq. ft.

Automotive Services 0.67 2.5 per 1000 sq. ft.

Community Assembly 0.25 0.33 per seat

Construction Services 0.67 2.5 per 1000 sq. ft.

Custom Manufacturing 0.67 2.5 per 1000 sq. ft.

Eating Establishments

Convenience 4.0 8.0 per 1000 sq. ft.

Full Service 8.0 12.0 per 1000 sq. ft.

Educational Services

Commercial 3.0 4.0 per 1000 sq. ft.

General (elementary and middle schools) 0.9 1.0 per employee

General (high schools and colleges) 0.2 0.25 per student

Equipment Sales and Repair 0.67 2.5 per 1000 sq. ft.

Explosives Handling 0.67 2.5 per 1000 sq. ft.

Funeral and Interment Services

Undertaking 0.25 0.33 per seat

General Industrial 0.67 2.5 per 1000 sq. ft.

High Technology Industry 2.5 4.5 per 1000 sq. ft.

Laundry Services 0.67 2.5 per 1000 sq. ft.

Liquor Sales

Off-premises 3.5 4.5 per 1000 sq. ft.

On-premises, general 8.0 12.0 per 1000 sq. ft.

On-premises, limited 4.0 8.0 per 1000 sq. ft.

Lodging Services 0.75 1.0 per room

Medical Services 4.0 5.0 per 1000 sq. ft.

Professional Services 2.5 4.5 per 1000 sq. ft.

Public Services

Administrative 2.5 4.5 per 1000 sq. ft.

Essential (hospitals only) .5 1.0 per bed

Essential (other) 4.0 4.5 per 1000 sq. ft.

Recreation

Indoor spectator 0.25 0.33 per seat

Religious Assembly 0.25 0.33 per seat

Research and Laboratory Services 2.5 4.5 per 1000 sq. ft.

Retail Sales and Services

Primary 3.0 4.5 per 1000 sq. ft.

Intermediate 3.5 4.5 per 1000 sq. ft.

General 3.5 4.5 per 1000 sq. ft.

Truck Services 0.67 2.5 per 1000 sq. ft.

Wholesaling and Distribution 0.67 2.5 per 1000 sq. ft.

Other Use Types—As specified in Tables 9-1015(a) and 9-1015(b) of the Development Title

(Ord. 3813 (part), 1994; Ord. 4066, § 24, 2000)

CHAPTER 9-1020M - LANDSCAPING REGULATIONS

9-1020.3M - LANDSCAPING STANDARDS.

The following regulations concerning landscaping standards shall supplement those specified in the Development Title:

(a)

Irrigation. All landscaped areas shall be irrigated with automatic irrigation systems. Low volume spray heads and drip irrigation systems shall be used, and systems shall be compatible with any reclaimed water systems.

(b)

Timing of Installation. All required landscaping and irrigation shall be installed prior to the issuance of the Certificate of Occupancy or final inspection, unless a delay is granted by the Director.

(c)

Plant Selection. Plant selection for non-residential development shall be in accordance with the plant list maintained by the Mountain House Community Services District.

(Ord. 3974, § 14 (part), 1998)

9-1020.4M - STREET TREES.

The following regulations concerning the planting of trees along streets shall supplement or amend, as appropriate, those specified in the Development Title:

(a)

Developer Responsibility. Developers shall be responsible for the landscaping of local streets and those collector streets that are not in the Public Land Equity Program, in accordance with the Master Plan, the Specific Plan and the Mountain House CSD Design Manual.

(b)

Requirements in Industrial and Commercial Areas. In industrial and commercial areas, along collector streets, two (2) rows of large canopy shade trees shall be planted on each side of the roadway, flanking the sidewalks.

(1)

Said trees shall be spaced an average of thirty (30) feet or less on center and shall be placed no closer than eight (8) feet to street light standards.

(2)

One (1) row of trees shall be planted within the parkway strip and one (1) row shall be planted within the front or side yard, five (5) feet from the edge of the sidewalk.

(3)

The Director may modify the requirement for plantings in the front or side yard to permit clustering of planting, or the Director may eliminate the requirement for plantings in commercial areas where the structures have minimal setbacks.

(c)

Tree List. Tree selection shall be in accordance with the tree list maintained by the Mountain House Community Services District.

(Ord. 3974, § 14 (part), 1998)

9-1020.5M - REQUIREMENTS FOR PARKING AREAS.

The following regulations concerning landscaping requirements for parking areas shall supplement or amend, as appropriate, those specified in the Development Title:

(a)

Parking lots shall be surrounded by hedges, shrubs and/or berms to mitigate the visual impacts on adjacent streets or uses. Hedges and shrubs shall be mature. The height of hedges or shrubs shall be maintained to provide visibility for safety.

(b)

Planting islands within parking areas shall be adequately sized to allow parking lot trees and shrubs to thrive, and to allow adequate clearance for car doors, bumper overhangs and visibility.

(Ord. 3974, § 14 (part), 1998)

CHAPTER 9-1022M - FENCING AND SCREENING

9-1022.2M - GENERAL STANDARDS.

(a)

Height Limits in Required Yards. Unless otherwise specified, fencing and screening shall not exceed the height limits in required yards specified below:

(1)

In any required front or street side yards, fencing and screening shall not exceed three (3) feet in height.

(2)

In any required rear or nonstreet side yard, fencing and screening shall not exceed seven (7) feet in height.

(b)

Height Measurements. Unless otherwise specified, heights of fences and screens shall be measured as follows:

(1)

Prescribed heights shall be measured above the actual adjoining level of finished grade.

(2)

When there is a difference in the ground level between two (2) adjoining lots, the height of any fence or screen installed or constructed along any property line shall be determined by using the higher elevation.

(3)

Where a fence is located along an arterial street or a collector street or along a streetside side yard, the height of the fence shall be determined by measurement from the adjoining level of finished grade at the lowest side of said fence.

(4)

Any baffle, louver, or wind deflector incorporated into a fence or wall construction shall be included within the measurement of its total height.

(Ord. 4242, § 11, 2005)

9-1022.4M - SCREENING STANDARDS.

The following regulations concerning screening standards shall supplement those specified in the Development Title:

(a)

Screening in Community Commercial Zones. Service, mechanical, trash storage and loading areas in areas zoned Community Commercial (C-C) shall be located away from public streets or use areas, and screened from view to the extent feasible.

(b)

Screening in Residential Areas. Trash receptacles for single-family residential dwellings shall be screened by enclosures or landscaping and concealed from view. Trash receptacles for multiple-family dwellings shall be fully enclosed, and screened from view.

(1)

Enclosures shall be compatible with the building architecture and shall be constructed of masonry or other permanent materials.

(2)

Gates shall be of solid construction, and entirely block the view of the trash receptacle.

(3)

All enclosures shall be landscaped with a combination of trees, shrubs and/or vines.

(Ord. 3974, § 15, 1998)

CHAPTER 9-1025M - PERFORMANCE STANDARDS

Tables:

9-1025.6M - LIGHT AND GLARE.

The regulations concerning light and glare shall be as specified in the development title with the following modifications:

(a)

Shielding or Recessing. Exterior lighting shall be shielded or recessed to minimize direct glare and reflections.

(b)

Prohibitions. Lighting of unusually high intensity or brightness is prohibited.

(Ord. 3813 (part), 1994)

9-1025.9M - NOISE.

The regulations concerning noise shall be as specified in the development title with the following modifications:

(a)

Standards for Commercial and Industrial Uses. For new commercial uses, industrial uses or utilities, the exterior, non-transportation noise level performance standards specified in Table 9-1025.9M shall be applicable.

(b)

Standards for Residential Uses.

(1)

New residential development shall not be allowed where noise levels due to stationary noise sources would exceed the exterior noise level standards set forth in Table 9-1025.9M.

(2)

Noise levels from mobile noise sources in primary outdoor use areas of new residential development shall not exceed an Ldn of sixty (60) dB unless the project design includes mitigation measures to reduce noise in outdoor activity areas to sixty (60) dB, or as reasonably close to sixty (60) dB as is possible. Where it is not possible to reduce noise in outdoor activity areas to an Ldn of sixty (60) dB or less, an exterior noise level of up to, but not exceeding, an Ldn of sixty-five (65) dB may be allowed by the Review Authority.

(3)

Exterior noise levels shall not create an interior noise level exceeding forty-five (45) dB.

(4)

Noise studies for specific residential projects proposed in areas with noise levels from mobile sources above Ldn sixty (60) dB shall address how noise levels in outdoor areas could be maintained at or below an Ldn of sixty-five (65) dB.

(c)

Standards for Other Specified Uses.

(1)

Noise-sensitive land uses other than residential uses shall not be allowed where noise levels due to stationary noise sources would exceed the exterior noise level standards set forth in Table 1025.9M.

(2)

On school sites and other noise-sensitive land uses, any outdoor instructional areas or areas which require speech audibility shall be located outside the sixty (60) dB Ldn noise contour from mobile sources or shielded from mobile noise in excess of sixty (60) dB Ldn.

(3)

Exterior noise levels shall not create an interior noise level exceeding forty-five (45) dB.

(4)

Noise studies prepared for noise-sensitive land uses shall address how noise levels in outdoor areas from mobile sources shall be maintained at or below an Ldn of sixty (60) dB.

(d)

Noise-Attenuation Measures. In addition to the noise-attenuation measures specified in the development title, the following additional measures shall be applicable:

(1)

Until such time as residential, school or other noise-sensitive development is proposed within one thousand (1000) feet of the railroad tracks in Mountain House, or until such time as rail use is initiated within the community, noise mitigation shall be limited to a sound wall along the tracks between the proposed transit station and Marina Boulevard.

(2)

Residential development shall be set back from the centerline of 1-205 a sufficient distance to satisfy Master Plan noise policies after the inclusion of sound mitigation improvements such as berms and soundwalls.

(Ord. 3813 (part), 1994; Ord. 3939, § 4, 1997)

TABLE 9-1025.9M

EXTERIOR NONTRANSPORTATION NOISE LEVEL STANDARDS

Noise Level Descriptor Daytime (7 a.m. to 10 p.m.) Nighttime (10 p.m. to 7 a.m.)

Hourly Leq 55 dB 50 dB

Note: Each of the above noise levels may be lowered by five (5) dB for simple tone noises or for noises consisting primarily of speech or music.

(Ord. 3813 (part), 1994)

CHAPTER 9-1053M - HISTORIC RESOURCE PRESERVATION

9-1053.8M - SUBSURFACE FEATURES.

If, during the course of construction, including any grading activity associated with said construction, subsurface archaeological features are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation.

(Ord. 3953, § 11 (part), 1997)

9-1053.9M - BURIED PREHISTORIC RESOURCES.

If artifacts or evidence of materials such as bone, shell or nonnative stone are uncovered during construction activities, work shall immediately be halted in the vicinity of the finding and a qualified archaeologist consulted for an on-site evaluation. Said evaluation may entail archaeological test excavation and/or mitigative data recovery.

(Ord. 3953, § 11 (part), 1997)

CHAPTER 9-1100M - INFRASTRUCTURE STANDARDS INTENT AND ORGANIZATION

9-1100.4M - SERVICE BY AN EXISTING AGENCY.

Prior to the submittal of an application for a Development Permit, the following requirements shall be met:

(a)

Unless otherwise specified, land that is subject of the Development Permit shall have been approved by the San Joaquin County Local Agency Formation Commission (LAFCO) for annexation into the Mountain House Community Services District (MHCSD), if said land is not currently within the boundaries of the MHCSD. Any required annexation shall be completed prior to establishment of the use, issuance of a building permit for said use, or recording of the map for said use, whichever occurs first.

(1)

Land improved with existing structures shall not be obligated to annex to the MHCSD unless the owner(s) of said land elects to annex to the MHCSD to obtain MHCSD provided services.

(2)

Land that is the subject of a Preliminary Map application shall not be required to annex to the MHCSD.

(3)

Land zoned Agriculture-Urban Reserve may or may not be required to annex to the MHCSD, at the discretion of the MHCSD.

(b)

Unless otherwise specified, a Will Serve Letter shall be obtained from the MHCSD indicating that the MHCSD can and will provide the services required under the Master Plan and appropriate Specific Plan. A Will Serve Letter shall not be required for Preliminary Map applications or for Development Permit applications on land zoned Agriculture-Urban Reserve.

(Ord. 3813 (part), 1994; Ord. 3953, § 12, 1997)

CHAPTER 9-1120M - WATER SYSTEMS

9-1120.2M - GENERAL REQUIREMENTS.

The general requirements for water systems shall be as specified in the Development Title, with the following modifications:

(a)

Annexation to BBID. Prior to map recordation, annexation to Byron Bethany Irrigation District (BBID) shall be required for any area outside the boundaries of BBID that will require delivery of BBID water for urban use. Annexation into BBID shall be completed prior to the required annexation of the subject land to the Mountain House Community Services District (CSD).

(b)

BBID Agreement with CSD. Prior to map recordation, for a major or minor subdivision that proposes the use of riparian or other water sources, an agreement between BBID and the CSD shall be executed. Said agreement shall indicate that the parties have agreed to the terms under which BBID will wheel riparian water through their pumping and conveyance facilities to the Mountain House Community.

(c)

Annexation to CSD Prior to BBID Water Delivery. All lands requiring urban BBID water must be annexed to the CSD before any BBID water can be delivered.

(Ord. 3813 (part), 1994)

CHAPTER 9-1150M - ROADWAYS

9-1150.3M - ROADWAY FUNCTIONAL CLASSIFICATION.

The roadway functional classifications and characteristics shall be as provided in the Development Title, with the following modifications:

(a)

Major Arterials.

(1)

Major arterials shall have a minimum right-of-way width of ninety-eight (98) feet and a maximum right-of-way width of one hundred fifty-two (152) feet.

(2)

Excluding pre-existing residential areas within the Mountain House New Town, access to residential lots from major arterials shall be prohibited.

(3)

On-street parking shall be prohibited.

(4)

Major arterials shall be planned to accommodate approximately thirty-five thousand (35,000) to forty-five thousand (45,000) vehicles per day.

(b)

Minor Arterials.

(1)

Except for Main Street, minor arterials shall have a minimum right-of-way width of one hundred four (104) feet and a maximum right-of-way width of one hundred thirty-four (134) feet. Main Street, from De Anza Boulevard to Central Parkway and at Village Green, shall have a maximum right-of-way width of two hundred fifty-eight (258) feet.

(2)

Access to residential lots fronting on Central Parkway shall be from local streets, common driveways, or alleys.

(3)

On-street parking shall be prohibited, except for Main Street within the Town Center area.

(4)

Minor arterials shall be planned to accommodate approximately twenty-five thousand (25,000) vehicles per day.

(c)

Collectors.

(1)

Residential Collectors.

(A)

A residential collector shall have a minimum right-of-way width of sixty-two (62) feet.

(B)

Access to adjacent lots from residential collectors is permitted.

(C)

On-street parking on both sides of a residential collector shall be allowed.

(D)

Residential collectors shall be planned to accommodate approximately seven thousand (7,000) vehicles per day.

(2)

Commercial/Industrial Collectors.

(A)

Commercial/industrial collectors shall have a minimum right-of-way width of sixty-four (64) feet and a maximum right-of-way width of eighty-four (84) feet.

(B)

On-street parking shall be limited to automobile and light truck use only.

(C)

Commercial/industrial collectors shall be planned to accommodate between seven thousand (7,000) and ten thousand (10,000) vehicles per day.

(d)

Local Residential Roads.

(1)

Local Residential Type I Roads.

(A)

Local residential Type I roads shall have a minimum right-of-way width of forty-five (45) feet and a maximum right-of-way width of fifty (50) feet.

(B)

Local residential Type I roads shall be planned to accommodate approximately three hundred (300) vehicles per day.

(C)

On-street parking may be allowed on one (1) or both side(s) of the street as determined by the CSD.

(2)

Local Residential Type II Roads.

(A)

Local residential Type II roads shall have a minimum right-of-way width of forty-nine (49) feet and a maximum right-of-way width of fifty-four (54) feet.

(B)

Local residential Type II roads shall be planned to accommodate approximately six hundred (600) vehicles per day.

(C)

On-street parking on both sides of the street shall be allowed.

(3)

Local Residential Type III Roads.

(A)

Local residential Type III roads shall have a minimum right-of-way width of fifty-three (53) feet and a maximum right-of-way width of fifty-eight (58) feet.

(B)

Local residential Type III roads shall be planned to accommodate approximately one thousand five hundred (1,500) vehicles per day.

(C)

On-street parking on both sides of the street shall be allowed.

(e)

Local Commercial and Industrial Roads.

(1)

Local commercial and industrial roads shall have a minimum right-of-way width of sixty (60) feet and a maximum right-of-way width of eighty-four (84) feet.

(2)

On-street parking shall be limited to automobile and light truck use only and shall be prohibited near intersections and driveways.

(f)

Conformance with Roadway Section. All roadways shall conform to the applicable roadway section specified in the Master Plan.

(Ord. 3813 (part), 1994; Ord. 4066, § 25, 2000)

9-1150.7M - ALLEYS.

Alleys serving individual or group residential units may be permitted.

(a)

Alleys shall be designed, constructed and maintained in accordance with the standards developed for Mountain House and approved by the County.

(b)

All alleys shall be designed to meet or exceed the minimum standards for pavement design, drainage and lighting appropriate for the type of development being served.

(Ord. 3813 (part), 1994)

9-1150.8M - BIKEWAYS.

(a)

Conformance with Bicycle Path Section. Bikeways, including Class I paths, Class II lanes, and Class III routes, shall conform to the applicable bicycle path cross-section specified in the Master Plan.

(b)

Timing. All bikeways shall be constructed concurrent with the roadway.

(1)

All bikeways shall be part of the roadway development/design when said bikeways are within the road right- of-way.

(2)

All multipurpose Class I paths shall have curb ramps and crosswalk striping for crossing streets.

(3)

Where bikeways intersect signalized roadways, the traffic signals at such locations shall include equipment to permit cyclist actuation.

(c)

Required Dedication. A developer may be required to dedicate land for bicycle paths for use by the residents of a subdivision in accordance with Section 66475.1 of the Subdivision Map Act.

(Ord. 3813 (part), 1994; Ord. 3939, § 5, 1997)

9-1150.9M - PEDESTRIAN PATHS.

(a)

Conformance with Pedestrian Path Section. Pedestrian paths, consisting of multiuse paths and walks, shall conform to applicable pedestrian walk/path cross-section specified in the Master Plan.

(b)

Multi-use Paths.

(1)

Excluding the Old River multi-use path, multi-use paths shall be at least eight (8) feet in width, except it shall be ten (10) feet in width where constructed on only one side of the road where no Class II bike lanes are planned. The Old River multi-use path shall be at least twelve (12) feet in width.

(2)

Multi-use paths may be constructed of decomposed granite, asphalt or concrete.

(c)

Walks.

(1)

Walks along collector streets shall be a minimum of five (5) feet in width, except where adjacent to rolled curbs where they shall be a minimum of six (6) feet in width, excluding the curb. Walks along local streets shall be a minimum of four (4) feet in width.

(2)

Commercial and industrial collector streets shall have walks on at least one (1) side of the street, and on both sides of the street where the street supports commercial frontage.

(3)

Unless otherwise specified, residential collector and local streets shall have a walk on each side of the street. Cul-de-sacs that are five hundred (500) feet or shorter in length may have walks on one (1) side of the street. Where special conditions apply, walks may be permitted on one (1) side of the street.

(d)

Pedestrian Crossings. At each signalized intersection where pedestrians are expected to cross, pedestrian- actuated traffic signals shall be provided.

(Ord. 3813 (part), 1994; Ord. 3974, § 16, 1998; Ord. 4066, § 26, 2000)

9-1150.19M - DECELERATION/TURNING LANES.

Deceleration or turning lanes shall be required along existing and proposed streets, as determined by a traffic study.

(Ord. 3813 (part), 1994)

9-1150.20M - RAIL CROSSINGS.

The following provisions concerning rail crossings at public roadways shall be applicable to the Mountain House New Town:

(a)

All at-grade rail crossings shall include a pull-out lane for specially designated vehicles that are required to stop at crossings.

(b)

All at-grade rail crossings shall include crossing gates, flashing lights and available signals.

(Ord. 3813 (part), 1994)

CHAPTER 9-1230M - LOCAL PARK AND RECREATION FACILITIES FINANCING

9-1230.1M - GENERAL.

Chapter 9-1230 in the development title, concerning local park and recreation facilities financing, is not applicable to the Mountain House New Town. Financing requirements for local parks and recreation facilities are included in Chapter 9-1245M, Public Land Equity Program, of this Mountain House Development Title (to be written).

(Ord. 3813 (part), 1994)

CHAPTER 9-1240M - LAND RESERVATION FOR PUBLIC UTILITIES

9-1240.1M - GENERAL.

Chapter 9-1240 in the development title, concerning land reservation for public facilities, shall not be applicable to the Mountain House New Town. Land reservation for public facilities is included in Chapter 9- 1245M, Public Land Equity Program, of this Mountain House Development Title (to be written).

(Ord. 3813 (part), 1994)

CHAPTER 9-1245M - PUBLIC LAND EQUITY PROGRAM

9-1245.1M - INTENT.

Development within the Mountain House Community will necessitate the acquisition of Public Land for public facilities and improvements. The Mountain House Public Land Equity Program was conceived to ensure that lands required for public purposes are available to public agencies in a timely and cost-effective manner, that Landowners who wish to develop land within the Community share equitably in the provision of Public Lands, that Landowners receive fair compensation for the land which they provide for public purposes in excess of their proportional share requirement, and that wide swings in Public Land values over time and across locations are minimized or avoided. In accordance with these objectives, it is the intent of this Chapter to establish the procedures, requirements and other measures necessary to implement the Mountain House Public Land Equity Program.

(Ord. 3951, § 3 (part), 1997)

9-1245.2M - FINDINGS.

In implementing the Public Land Equity Program by means of this Chapter, the Board of Supervisors finds as follows:

(a)

Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Plan as an implementing measure of the San Joaquin County General Plan. The Master Plan sets forth a comprehensive plan for the Mountain House Community.

(b)

The Master Plan includes a Land Use Plan which designates and will guide the location and amount of land for various uses including residential, commercial, industrial, institutional, and recreational land uses. The Master Plan also shows the general location and size of major public facilities required to serve the Mountain House Community including arterial roads, community parks and open spaces, drainage ways, schools, and other public buildings and facilities. As a result, Mountain House will be a well-planned community with each land use dependent on the other land uses, balanced and timed to correspond with the orderly construction of the public facilities.

(c)

The adoption of this Chapter is necessary to implement the Mountain House Public Financing Plan, which was previously approved by the Board of Supervisors.

(d)

The type, scale and location of land uses and the type, size and location of public facilities shown in the Mountain House Master Plan is the result of the extensive planning and environmental mitigation, as reflected in the Mountain House Master Plan Environmental Impact Report. These public facilities are required to meet Federal, State, and local statutes, ordinances, and regulations.

(e)

The public facilities planned for the Mountain House Community are part of an integrated infrastructure and service system essential to assure the public health, safety and welfare of all Landowners, residents, businesses, and employees within the Mountain House Community.

(f)

A substantial portion of land is required upon which to build public facilities required by the Mountain House Master Plan. The amount and locations of these lands are entirely based upon the need for public facilities for the Mountain House Community with respect to other planned land uses, without regard for parcel or ownership patterns within the Mountain House Community.

(g)

In order to assure equity in the distribution of costs associated with the provision of land for public facilities, it is necessary to create and implement a mechanism for equalizing the differential amounts of land required for public uses from each parcel or ownership located within the Mountain House Community.

(Ord. 3951, § 3 (part), 1997)

9-1245.3M - PUBLIC LAND PERCENTAGE.

The Public Land Percentage for the Public Land Equity Program is twenty-one and two-tenths percent (21.2%), as calculated in the Public Land Equity Program Technical Report. Said Public Land Percentage shall remain fixed for the life of the Public Land Equity Program and shall be used to determine the Public Land Acreage Requirement for each parcel in the Mountain House Community.

(Ord. 3951, § 3 (part), 1997)

9-1245.4M - DETERMINATIONS FOR DISCRETIONARY PERMIT APPLICATION.

Upon submission of a discretionary Development Permit application to develop a parcel in the Mountain House Community, the County shall do the following:

(a)

Determine whether the amount and location of Public Lands on the subject parcel are consistent with the Mountain House Master Plan, a Specific Plan, or a Special Purpose Plan and acceptable to the public agency(s) that is(are) to receive said lands.

(b)

Determine the Public Land Acreage Requirement for the subject parcel.

(c)

Determine whether the subject parcel has a Public Land Deficit or a Public Land Surplus.

(Ord. 3951, § 3 (part), 1997)

9-1245.5M - GENERAL REQUIREMENTS FOR DEVELOPMENT.

(a)

Parcels Subject to Chapter. All parcels within the Mountain House Community for which a discretionary Development Permit application has been made, or, at the discretion of the County, for which a Preliminary Map application has been made, shall be subject to the provisions of this Chapter, unless said parcel has previously fully met the requirements of this Chapter.

(b)

Dedication of Public Land. As a condition of final approval for a discretionary Development Permit application for a parcel in the Mountain House Community, a Landowner shall dedicate any Public Land on said parcel, including Public Land Surplus lands, to the Applicable Public Agency.

(c)

Fulfillment of Public Land Acreage Requirement. As a condition of final approval for a discretionary Development Permit application for a parcel in the Mountain House Community, a Landowner shall meet the

Public Land Acreage Requirement for said parcel. If the parcel has a Public Land Deficit, the Landowner shall correct such Public Land Deficit by:

(1)

Dedicating Public Land which is not on the subject parcel but which is within the Mountain House Community to the Applicable Public Agency, sufficient in acreage to meet said Public Land Deficit; and/or

(2)

Transferring fee title ownership of Private Land which is not needed for public facilities or services but which is within the Mountain House Community to the Mountain House Community Services District (hereinafter referred to as the MHCSD), sufficient in acreage to meet said Public Land Deficit; and/or

(3)

Submitting land vouchers to the MHCSD, sufficient in acreage to meet said Public Land Deficit; and or

(4)

Using any combination of the actions specified in (c)(1) through (c)(3).

(Ord. 3951, § 3 (part), 1997)

9-1245.6M - SPECIAL DEVELOPMENT REGULATIONS.

In addition to the provisions of Section 9-1245.5M, the following Special Development Regulations shall be applicable for the development of property in the Mountain House Community.

(a)

Irrevocable Offers of Dedication. If required by an Applicable Public Agency, a Landowner shall execute an irrevocable offer of dedication with respect to Public Land.

(1)

The MHCSD shall acknowledge that the irrevocable offer of dedication satisfies on an acre-per-acre basis the Public Land Acreage Requirement on the subject parcel by noting said fact either on the irrevocable offer of dedication or on a separate instrument which is to be recorded.

(2)

The MHCSD shall issue a Land Voucher to the Landowner equivalent in acreage to the acreage specified in the irrevocable offer of dedication, if agreed to by the Landowner and if an application for a discretionary Development Permit has not been submitted for the subject parcel.

(b)

Special Calculation of Public Land Acreage Requirement. In instances in which fee title ownership of Public Land on a parcel within the Mountain House Community has been acquired from a Landowner for cash payment prior to the submission of a discretionary Development Permit application on said parcel, the

following special regulations shall be applicable concerning the Public Land Acreage Requirement of the resulting parcel:

(1)

The Public Land Acreage Requirement of the resulting parcel shall be calculated by multiplying the sum of the gross acreage of the resulting parcel and the Public Land acquired from the Landowner by the Public Land Percentage.

(2)

The Public Land Acreage Requirement for the resulting parcel shall be indicated on the subdivision map at the time the Public Land is acquired from the Landowner. If a subdivision map is not utilized, the Public Land Acreage Requirement for the resulting parcel shall be indicated by a separate instrument which is to be recorded.

(c)

Land Vouchers for Advances. A Landowner who has provided cash advances to the MHCSD for the purpose of purchasing Public Land shall be issued a Land Voucher by the MHCSD equivalent in acreage to the land being acquired.

(Ord. 3951, § 3 (part), 1997)

9-1245.7M - EARLY DEDICATION OF LAND BY LANDOWNER.

A Landowner within the Mountain House Community may, prior to submitting an application for a discretionary Development Permit for a parcel, dedicate Public Land on said parcel to the MHCSD, provided the conditions for dedication specified in Section 9-1245.9M are met.

(Ord. 3951, § 3 (part), 1997)

9-1245.8M - SELECTION OF COMPENSATION OPTION BY LANDOWNER.

A Landowner who is to receive compensation from the MHCSD for Public Land Surplus land, and/or other Public Land that is required before an application for a discretionary Development Permit has been made with respect to the parcel containing such land, may choose any of the following compensation options:

(a)

The exchange of said land for available Private Land held by the MHCSD, provided the Private Land is equivalent in acreage to said land;

(b)

The exchange of said land for a Land Voucher provided by the MHCSD, provided the Land Voucher is equivalent in acreage to said land;

(c)

The exchange of said land for both available Private Land held by the MHCSD and a Land Voucher provided by the MHCSD, provided the Private Land and the Land Voucher together are equivalent in acreage to said land;

(d)

The sale of said land to the MHCSD for a price which is mutually agreed to or which is determined as a result of eminent domain proceedings.

(Ord. 3951, § 3 (part), 1997)

9-1245.9M - REQUIREMENTS FOR LAND DEDICATIONS AND TRANSFERS.

In dedicating Public Land in the Mountain House Community to an Applicable Public Agency, or in transferring fee title ownership of Private Land in the Mountain House Community to the MHCSD, the Landowner shall pay all transaction costs. The MHCSD may accept or refuse proposed transfers of Private Lands which are within the boundaries of the Mountain House Community but not within the boundaries of the MHCSD. The MHCSD shall accept proposed transfers of Private Lands which are within the boundaries of the MHCSD, provided said Private Lands meet the conditions for transfer specified in subsections (a) through (c) of this Section. The MHCSD or the Applicable Public Agency may accept or refuse proposed dedications of Public Lands which are within the Mountain House Community but not within the boundaries of the MHCSD. For Public Lands which are within the boundaries of the MHCSD, the MHCSD or the Applicable Public Agency shall accept such proposed dedications, provided the Public Lands to be dedicated meet the conditions for dedication specified in subsections (a) through (c) of this Section.

All lands to be transferred or dedicated within the boundaries of the MHCSD shall be:

(a)

Free of liens and encumbrances, excluding any of the following:

(1)

Liens and encumbrances waived by the MHCSD or the Applicable Public Agency;

(2)

A development agreement between one or more private parties and the County;

(3)

The Mountain House Master Covenants, Conditions, and Restrictions;

(4)

Oil, gas, and other mineral interests which do not encumber the surface, or the first one hundred (100) feet below the surface; and

(5)

Public utility easements that do not negatively affect the use of said land, for either the public use which is planned for said land or any use permitted in the zone in which said land is located.

(b)

Used exclusively for the purposes of the Public Land Equity Program; and

(c)

Part of a recorded subdivision map filed after November 28, 1997, or meets the minimum requirements of the zone in which said land is located at the time of dedication or transfer.

(Ord. 3951, § 3 (part), 1997)

9-1245.10M - LAND VOUCHER REGULATIONS.

The following regulations shall be applicable to Land Vouchers issued by the MHCSD:

(a)

Assignability. A Land Voucher may be assigned from one Landowner to another Landowner, subject to the approval of the MHCSD.

(b)

Redemption by MHCSD. The MHCSD may redeem a Land Voucher, or portion thereof, by exchanging an equivalent amount of Private Land, held in fee title by the MHCSD, for said Land Voucher. At its sole discretion, the MHCSD may redeem any outstanding Land Voucher with a cash payment to the holder of the Land Voucher.

(1)

Land Vouchers shall be redeemed in the order in which they were issued. If the holder of a Land Voucher does not desire to have said Land Voucher redeemed, the MHCSD shall redeem the Land Voucher next in the order issued.

(2)

Land Vouchers may be redeemed by the MHCSD at any time prior to the expiration of the mandatory retirement period, as specified in this Section, provided both the holder of the Land Voucher and the MHCSD agree to said redemption.

(3)

All Land Vouchers shall be retired by the MHCSD within fifteen (15) years from the first day of March succeeding its date of issuance. Said period of time shall hereinafter be referred to as the mandatory retirement period. On each succeeding March 1st, one (1) year shall automatically be added to the mandatory retirement period unless written notification is received from the holder of the Land Voucher at least ninety (90) days prior to March 1st, requesting redemption of the Land Voucher by the MHCSD by the

end of the mandatory retirement period. Any further extension of the mandatory retirement period shall be provided by mutual agreement between the holder of the Land Voucher and the MHCSD.

(4)

If the MHCSD elects to redeem a Land Voucher by means of a cash payment, the amount of the cash payment shall be determined by multiplying the number of acres represented by the Land Voucher by the average value per acre of undeveloped land within the Mountain House Community, as established by fair market appraisal. The MHCSD may use the latest fair market appraisal of undeveloped land within the Mountain House Community to establish said average value per acre, provided the fair market appraisal has been computed no more than two (2) years prior to the date of the cash redemption of said Land Voucher.

(d)

Content of Land Vouchers. A Land Voucher shall specify the number of acres for which it was issued, the reason for its issuance, the conditions for acceptance of said Land Voucher including the requirement that the holder of the Land Voucher agree to the method for determining its cash payment value, and any other information deemed essential by the MHCSD.

(Ord. 3951, § 3 (part), 1997)

9-1245.11M - MOUNTAIN HOUSE PUBLIC LAND ACQUISITION FUND.

A Mountain House Public Land Acquisition Fund shall be established by the MHCSD for the purposes of this Chapter. Money generated as a consequence of the provisions of this Chapter shall be deposited within said fund. Money within said fund, and any interest generated therein, may be used solely for the following purposes:

(a)

Acquiring Public Land;

(b)

Redeeming Land Vouchers;

(c)

Providing reimbursements for the administrative costs accrued in administering the Mountain House Public Land Equity Program; and

(d)

Providing reimbursements for any inter-fund transfers and advances that may be necessary to assure adequate cash flow and for timely accomplishment of the necessary land acquisitions.

(Ord. 3951, § 3 (part), 1997)

9-1245.12M - ANNUAL REPORT.

The disposition of unexpended Public Land Acquisition Fund money and lands acquired by the MHCSD shall be included in the Mountain House Annual Report to the Board of Supervisors. The section of the Mountain House Annual Report concerning the Public Land Acquisition Program shall set forth the total amount of all money deposited in the Public Land Acquisition Fund in the year prior to the date of said report, a summary of the use of such revenues including the use of such revenues to redeem or retire Land Vouchers, and the funds which remain unexpended. The lands acquired by the MHCSD shall be enumerated, and a summary of the exchange of said lands for Land Vouchers, if any, shall be provided.

(Ord. 3951, § 3 (part), 1997)

9-1245.13M - USE OF SURPLUS PRIVATE LANDS OR FUNDS.

In the event that the MHCSD acquires more Private Lands, or funds generated from the sale of Private Lands held in fee title by the MHCSD and designated specifically for the redemption of Land Vouchers, than is actually determined to be needed for Public Lands identified in the Public Land Equity Program Technical Report, the MHCSD shall use said surplus Private Lands or funds only for projects or activities that provide a community-wide benefit.

(Ord. 3951, § 3 (part), 1997)

9-1245.14M - INAPPLICABILITY.

This Chapter shall not be applicable to lands required for a public use which are not included in the Public Land Equity Program Technical Report.

(Ord. 3951, § 3 (part), 1997)

CHAPTER 9-1260M - SPECIFIC PLAN REIMBURSEMENT FEES

9-1260.1M - INTENT.

It is the intent of this chapter to establish Specific Plan reimbursement fees, in accordance with Section 65456 of the Government Code, and to set forth the responsibilities of the parties involved in implementing the Specific Plan Reimbursement Program as provided in the Mountain House Public Financing Plan.

(Ord. 4033, § 3 (part), 1999)

9-1260.2M - FINDINGS.

In establishing Specific Plan reimbursement fees, the Board of Supervisors finds as follows:

(a)

Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Specific Plan as an implementation measure to the San Joaquin County General Plan.

(b)

The Master Specific Plan sets forth a comprehensive plan for the Mountain House Community, including a Land Use Plan which designates and guides the location and amount of land for residential, commercial, industrial, institutional, and recreational uses. As a result of this Land Use Plan, Mountain House will be a well-planned community with each land use dependent on the other.

(c)

The Board of Supervisors has also adopted Specific Plan I and will adopt subsequent Specific Plans, as the primary implementation documents for the Master Specific Plan.

(d)

Specific Plans are both policy and regulatory documents, providing detailed information and instruction regarding the types, locations and densities of land uses; development phasing; zoning regulations; public infrastructure and services; development standards; and design guidelines. Adopted Specific Plans are critical precursors to actual physical on-site development, making possible the granting of land use entitlements.

(e)

Those developing property in the Mountain House Community will derive benefit from the adopted Master Specific Plan and subsequent Specific Plans, including the Supporting Documents, whose preparation and adoption has been paid for by the Master Developer and/or other Developers.

(f)

The Board of Supervisors has adopted the Mountain House Public Financing Plan which includes policies for reimbursing Developers, including the Master Developer, for the cost of preparing and adopting the Mountain House Master Specific Plan and subsequent Specific Plans, including the Supporting Documents.

(g)

In order to establish equity among Developers who benefit from the adopted Master Specific Plan and subsequent Specific Plans, including the Supporting Documents, it is necessary to create and implement a mechanism whereby the Master Developer and other Developers who have paid for the cost of said documents can recover their costs, in accordance with Section 65456 of the Government Code.

(Ord. 4033, § 3 (part), 1999)

9-1260.3M - REIMBURSEMENT FEES.

Two types of reimbursement fees are authorized in the Mountain House Community: the Master Specific Plan Reimbursement Fee, and a Specific Plan Reimbursement Fee.

(a)

Each reimbursement fee shall be established by a resolution adopted by the County, pursuant to this Chapter and to the Mountain House Public Financing Plan. The resolution shall describe the area of coverage for the respective reimbursement fee.

(b)

Reimbursement fees shall be based on the amended Specific Plan Reimbursement Program Technical Report which specifies the methodology and serves as the basis of the fee computation. The Specific Plan Reimbursement Program Technical Report is incorporated herein, as part of this Chapter, by this reference, and is on file with the San Joaquin County Community Development Department.

(c)

The amount owed on property subject to reimbursement fees shall be determined by multiplying the gross acreage of said property by each applicable reimbursement fee. The sum of the products from this calculation shall equal the total amount owed from reimbursement fees for said property.

(d)

A Developer who has paid for the cost of preparing and adopting a Specific Plan may request that the County establish a Specific Plan Reimbursement Fee for the area covered by said Specific Plan.

(e)

Reimbursement fees shall be automatically adjusted, commencing on July 1st of each succeeding year following adoption of said fees, by the change, if any, in the Consumer Price Index (CPI), San Francisco- Oakland-San Jose Index for Urban Wage Earners and Clerical Workers—All items, published by the Bureau of Labor Statistics, U.S. Department of Labor (1967=100). The adjustment in reimbursement fees shall be calculated by multiplying each applicable reimbursement fee by a fraction having a numerator equal to the most recent June CPI and having a denominator equal to the June 2001 CPI.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 1, 2001)

9-1260.4M - APPLICABILITY AND TIMING OF FEES.

Unless otherwise specified, all property within the Mountain House Community shall be subject to the Master Specific Plan Reimbursement Fee and any applicable Specific Plan Reimbursement Fee. The applicable reimbursement fee or fees shall be payable as a condition of, and upon the issuance of, any Development Permit, or any zoning or rezoning, affecting real property within the area covered by the Mountain House Master Specific Plan that (i) subdivides land under the California Subdivision Map Act or applicable local ordinance, or creates a new parcel of real property, or (ii) creates, authorizes, permits or allows any use that affords the beneficial owner of any such real property access to, or use of, development entitlements provided by or pursuant to the Mountain House Master Specific Plan, or any Specific Plan, including Specific Plan I. For the purposes of this section, "development entitlements" means the ability to develop or use real property in a manner created by, or allowed pursuant to, the Mountain House Master Specific Plan, or any Specific Plan, including Specific Plan I, which did not exist prior to the adoption of such plan(s).

(Ord. 4033, § 3 (part), 1999)

9-1260.5M - EXEMPTIONS FROM FEES.

Property shall be exempt from the Master Specific Plan Reimbursement Fee or the applicable Specific Plan Reimbursement Fee or both said fees under any of the following circumstances:

(a)

If the subject property has previously fully met the fee requirements of this Chapter, the property shall be exempt from said fees;

(b)

If the Development Permit to develop the subject property is for a public facility, and the applicant for the Development Permit is a public entity, and the subject property is owned by the public entity the Development Permit shall not result in the imposition of said fees on the property, except in cases where the public entity obtains land through condemnation;

(c)

If the Master Developer or the Master Developer's assignee submits a Development Permit application to the County to develop property within the area covered by the Mountain House Master Specific Plan, the property shall be exempt from the Master Specific Plan Reimbursement Fee;

(d)

If a Developer, or the Developer's assignee, who has paid for the cost of preparing and adopting a Specific Plan submits a Development Permit application to the County to develop property in said Specific Plan area, the property shall be exempt from the applicable Specific Plan Reimbursement Fee.

(Ord. 4033, § 3 (part), 1999)

9-1260.6M - CREATION OF FEE FUNDS.

Reimbursement fees shall be deposited in either the Master Specific Plan Reimbursement Fee Fund or the relevant Specific Plan Reimbursement Fee Fund, whichever is applicable, that is established by the County to hold the revenue generated by the fees. Revenue within such funds, and any interest generated therein, shall be used solely for the purposes set forth in Section 9-1260.7M.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 2, 2001)

9-1260.7M - USE OF FEES.

(a)

Revenues generated from the Master Specific Plan Reimbursement Fee shall be used for the following purposes:

(1)

To reimburse the Master Developer for the casts incurred by the Master Developer in the preparation and adoption of the Mountain House Master Specific Plan and the Supporting Documents, as specified in the Specific Plan Reimbursement Program Technical Report; and

(2)

To reimburse the County for the costs incurred in the administration of the Master Specific Plan Reimbursement Fee.

(b)

Revenues generated from a Specific Plan Reimbursement Fee shall be used for the following purposes:

(1)

To reimburse a Developer for the costs incurred by the Developer in the preparation and adoption of the applicable Specific Plan and the Supporting Documents, as specified in the Specific Plan Reimbursement Program Technical Report; and

(2)

To reimburse the County for the costs incurred in the administration of the applicable Specific Plan Reimbursement Fee.

(Ord. 4033, § 3 (part), 1999; Ord. 4126, § 3, 2001)

9-1260.8M - TERMINATION OF FEES.

Once the Master Developer or any other Developer has been fully reimbursed for all cost incurred by the Master Developer or any other Developer in preparing and adopting the Mountain House Master Specific Plan or the applicable Specific Plan, and the Supporting Documents, the applicable reimbursement fees shall cease to be collected and this Chapter shall be repealed. Any monies remaining in the Master Specific Plan Fee Fund or in the applicable Specific Plan Fee Fund shall be paid into the General Fund of the County.

(Ord. 4033, § 3 (part), 1999)

9-1260.9M - REFUND OF FEES PAID.

There shall be no refund of monies generated from the imposition of any reimbursement fees on property.

(Ord. 4033, § 3 (part), 1999)

CHAPTER 9-1270M - AFFORDABLE HOUSING IMPACT FEE

9-1270.1M - INTENT.

It is the intent of this Chapter to establish an Affordable Housing Impact Fee in order to promote the development of housing that is affordable to low income households within the Mountain House Community through the use or application of fee revenues, as specified in the Mountain House Master Plan.

(Ord. 3975, § 3 (part), 1998)

9-1270.2M - FINDINGS.

In establishing the Affordable Housing Impact Fee, the Board of Supervisors finds as follows:

(a)

Following extensive planning, environmental impact analysis, and public review, the Board of Supervisors adopted the Mountain House Master Plan as an implementation measure to the San Joaquin County General Plan.

(b)

One of the principal objectives of the Mountain House Master Plan is to ensure that those who work in the community are able to afford to live in the community. By providing housing for all income groups who work within the community, certain benefits to the environment and residents will occur: reduced traffic congestion, improved air quality, increased opportunity for transit and bicycle use, and increased opportunity for pedestrian use throughout the community.

(c)

The presence of a housing supply affordable to all income groups also means that the community will be more likely to attract the employment base needed to achieve the jobs/housing balance required by the Mountain House Master Plan. This is critical to the success of the community. Prospective employers consider the availability of affordable housing for their employees as a highly desirable attribute in deciding where to locate their business. Consequently, the availability of a diverse and affordable housing stock will facilitate the development of employment opportunities, thereby helping to implement the concept of a balanced community as provided in the Mountain House Master Plan.

(d)

Although the market alone is anticipated to provide housing that is both available and affordable to all income groups, it is anticipated that there will be low income and medium income persons working in the community who will be unable to live in the community without some form of housing assistance.

(e)

Since residential development in the Mountain House Community will be dependent to some extent on the services provided by low income and medium income persons, it is essential that such residential development assume a reasonable share of the responsibility for providing a sufficient number of units which are affordable to these individuals.

(f)

In order to ensure the development of residential units which are affordable to low income and medium income persons who work in the Mountain House Community, it is necessary to assess an Affordable Housing Impact Fee against residential development, and to create and implement a mechanism whereby revenues generated from said fee can be utilized to fill affordability gaps for such income groups.

(g)

For certain categories of residential development, it is inappropriate to assess an Affordable Housing Impact Fee and therefore these categories are excluded from paying said Affordable Housing Impact Fee. These categories include second unit dwellings, Density Bonus Units, and Additional Town Center Units, that are

specifically meant to provide affordable housing opportunities for low income and medium income persons; residential units in Pre-Existing Residential Areas that do not receive municipal utility services provided by the Mountain House Community Services District; and remodeling projects and projects involving the replacement of existing residential structures up to the total livable area of said structures.

(Ord. 3975, § 3 (part), 1998)

9-1270.3M - AFFORDABLE HOUSING IMPACT FEE.

An Affordable Housing Impact Fee is hereby authorized in the Mountain House Community.

(a)

The Affordable Housing Impact Fee shall be established by a Resolution adopted by the County pursuant to this Chapter and to the Mountain House Public Financing Plan.

(1)

The Affordable Housing Impact Fee and any revisions thereto shall be based on the Affordable Housing Impact Fee Technical Report (AHFTR) which specifies the methodology and serves as the basis for the fee computation.

(2)

The Affordable Housing Impact Fee shall consist of two (2) components: a fee per dwelling unit square foot and a fee per lot square foot. Said fees shall be revised in accordance with the provisions of Subsections (c) of this Section.

(b)

The total amount owed on property subject to the Affordable Housing Fee shall be determined as follows:

(1)

For new construction, the total amount owed shall be determined by multiplying the livable area of the residential unit and the square footage of the subject property by the applicable fee components of the Affordable Housing Impact Fee and summing the results.

(2)

For additions to an existing residence, the total amount owed shall be determined by multiplying the liable area of the addition by the applicable fee component of the Affordable Housing Impact Fee.

(3)

For projects involved the replacement of an existing residential structure, the total amount owed shall be determined by multiplying the livable area exceeding the livable area of the prior structure by the applicable fee component of the Affordable Housing Impact Fee.

(c)

The components of the Affordable Housing Impact Fee shall automatically be adjusted on July 1st of each year based on the percentage change in the Mountain House Housing Index, as set forth in the Resolution pertaining to the Fee adopted by the County, for (MH Housing Index) the preceding fiscal year.

(Ord. 3975, § 3 (part), 1998; Ord. No. 4427, § 1, 12-11-2012)

9-1270.4M - APPLICABILITY OF FEE.

Unless otherwise specified, all residential construction within the Mountain House Community shall be subject to the Affordable Housing Impact Fee. Non-residential development shall not be subject to said fee.

(Ord. 3975, § 3 (part), 1998)

9-1270.5M - AFFORDABLE HOUSING IMPACT FEE EXEMPTIONS.

The following categories of residential development shall be exempted from the Affordable Housing Impact Fee:

(a)

Additional Town Center Units;

(b)

Density Bonus Units;

(c)

Projects involving the replacement of an existing residential structure but only up to the total livable area of the prior residential structure;

(d)

Remodeling projects;

(e)

Residential developments in Pre-Existing Residential Areas in which the zoning is AU-20; and

(f)

Second unit dwellings.

(Ord. 3975, § 3 (part), 1998)

9-1270.6M - TIMING OF FEE.

The total amount owed on property subject to the Affordable Housing Impact Fee shall be payable prior to the issuance of a building permit. The Director shall determine the total amount which is owed.

(Ord. 3975, § 3 (part), 1998)

9-1270.7M - MOUNTAIN HOUSE HOUSING TRUST FUND.

A Mountain House Housing Trust Fund (MHHTF) shall be established by the County for the purposes of this Chapter. Money generated as a consequence of the provisions of this Chapter shall be deposited within said fund. Money within said fund, and any interest generated therein, shall be used solely for the implementation and administration of the Affordable Housing Program for the Mountain House Community.

(Ord. 3975, § 3 (part), 1998)

9-1270.8M - MOUNTAIN HOUSE HOUSING ADVISORY BOARD.

A Mountain House Housing Advisory Board (MHHAB) shall be established by the County.

(a)

The MHHAB shall be responsible for preparing and updating a Five Year Strategic Plan for Housing within the Mountain House Community that describes the programs to be funded with MHHTF moneys, forecasts the MHHTF cash flow, and sets forth the anticipated costs of managing the MHHTF and administering the housing programs recommended for funding. The Five Year Strategic Plan for Housing shall be a component of the San Joaquin County Consolidated Plan that is reviewed and approved by the Board of Supervisors.

(b)

The MHHAB shall consist of five (5) members, as follows:

(1)

The Director of the San Joaquin County Housing Authority;

(2)

One (1) member of the Mountain House Community Services District Board; and

(3)

Three (3) members, appointed by the San Joaquin County Board of Supervisors, who have demonstrated expertise in the field of housing and/or a commitment to ensuring that housing within Mountain House is affordable.

(Ord. 3975, § 3 (part), 1998; Ord. No. 4399, § 11, 9-14-2010)

9-1270.9M - REFUND OF FEES PAID.

If a building permit lapses and becomes void, then the payer of the Affordable Housing Impact Fee amount shall be entitled to a refund, without interest, of said fee amount; provided that the portion of any fee amount received by the County as reimbursement of its costs in administering the provisions of this Chapter shall not be refunded.

(a)

The fee payer shall submit an application for a refund of the Affordable Housing Impact Fee amount paid to the County within ninety (90) calendar days of the expiration of the building permit.

(b)

Failure of the fee payer to submit a timely application for refund of the Affordable Housing Impact Fee amount shall constitute an absolute waiver of any right to a refund.

(Ord. 3975, § 3 (part), 1998)

9-1270.10M - ANNUAL REPORT.

The disposition of Mountain House Housing Trust Fund money shall be included in the Mountain House Annual Community Report to the Board of Supervisors. The section of the Mountain House Annual Report concerning the Affordable Housing Program shall set forth the total amount of all money deposited in the Mountain House Housing Trust Fund in the year prior to the date of said report, an itemized summary of the use of such revenues, including the amount and involvement of other public or private funds that have been leveraged with MHHTF money, and the funds which remain unexpended.

(Ord. 3975, § 3 (part), 1998)

CHAPTER 9-1405M - GRADING AND EXCAVATION REQUIREMENTS

9-1405.4M - GENERAL REQUIREMENTS.

The following exceptions to Section 9-1405.4 of the development title shall be applicable:

(a)

Sites developed adjacent to undeveloped property shall establish perimeter grades no lower than the adjacent land, and no more than one (1) foot higher, unless accommodated within a landscaped area. Slopes within these areas shall not exceed three to one (3:1) horizontal to vertical.

(b)

Perimeter grades adjacent to developed properties shall match the adjacent grade, plus or minus one-half (½) foot, unless occurring within a landscaped area.

(c)

Residential lots shall be graded so that the finished floor elevation is at least twelve (12) inches above the street curb.

(d)

Grading associated with arterial streets shall comply with the following standards:

(1)

Curb grades shall be established six (6) to twelve (12) inches below the finished grade at the right-of-way line;

(2)

Roadway median strips shall be graded with a crown height six (6) to twelve (12) inches above the curb, for a typical fourteen (14) foot wide median.

(Ord. 3813 (part), 1994)

9-1405.9M - GRADING ADJACENT TO WATERCOURSES.

The following grading requirements shall be applicable to grading operations along the watercourses and watercourse types identified below:

(a)

Old River.

(1)

Prior to any grading operations adjacent to Old River, all habitats to be either preserved or salvaged shall be delineated by an ecologist and staked with easily observable flagging.

(2)

Grading operations shall be conducted so that soil does not spill into Old River.

(b)

Marshes and Wetlands.

(1)

Grading operations shall be conducted so that soil does not spill into existing marshes, fill existing wetlands, restrict flooding of the habitat or reduce water quality.

(2)

During grading, a berm may be left between the existing marsh and the construction area. Said berm shall be removed in the last stages of construction. Alternatively, the overburden may be removed from the wetland edge backwards towards the uplands to create the marsh.

(Ord. 3813 (part), 1994)

CHAPTER 9-1700M - Repealed by Ord. 3939. CHAPTER 9-1705M - Repealed by Ord. 3939. CHAPTER 9-1710M - Repealed by Ord. 3939. CODE COMPARATIVE TABLE - ORDINANCES

This table gives the location within this Title of those ordinances which are included herein. Ordinances not listed herein have been omitted as repealed, superseded or not of a general and permanent nature.

Legislation  Date Section  Section Number this Code

4617 11-29-2022 Adopting ordinance

4623  5- 2-2023 1—3 9-200.020

4—6 9-200.030

7, 8 9-201.020

9, 10 9-202.020

11—13 9-203.020

14 9-203.020

15, 16 9-204.020

17, 18 9-400.040

19 9-406.040

20 Rpld 9-406.070

21 9-408.130

22 9-409.130

23 9-409.070

24, 25 9-409.270

26 9-409.430

27 9-601.030

28 9-803.040

29 9-815.080

30 9-900.020

31 9-901.050

4632  9-26-2023 1 9-200.030

2, 3 9-200.020

4 9-201.020

5 9-202.020

6 9-203.020

7 9-203.030

8 9-204.020

9 9-302.060

10 9-302.090

11 9-400.040

12 9-404.020

13 9-405.040

14 9-406.040

15 9-408.050

16 9-408.090

17 9-408.150

18 9-408.160

19 9-409.070

20 Added 9-409.195

21 9-409.200

22 9-409.230

23 9-511.030

24 9-511.050

25 9-802.170

26 9-815.090

27 9-816.040

28 9-900.020

29 9-901.050

4633  9-26-2023 1 Rpld App. A, §§ 9-830.1M—9- 830.5M

Added App. A, §§ 9-830.1M—9-
830.5M

4656  9-24-2024 1 Added 9-400.090

4663 12-10-2024 1 9-408.010—9-408.170

2 9-400.030(table)

3 9-900.010

4 9-900.020

4675  6- 3-2025 1 Dltd 9-816.010—9.816.080

4671  5-13-2025 1—3 9-200.020

4 9-200.030

5 9-201.020

6 Added 9-201.020(e)(6)

7, 8 9-201.020

9 9-201.030

10—12 9-202.020

13 9-202.030

14 9-203.010

15 9-203.020

16 Added 9-203.020(e)(11)

17, 18 9-203.020

19—21 9-204.020

22 9-400.010(d)(1)(A)

23 9-400.020

24, 25 9-400.040(b)(3), (5)

26 9-402.050(a)(1)

27 9-406.040

28 9-409.300

29 9-409.450(b)

30 9-608.170

31 9-702.050(b)

32 9-900.020

33 9-901.040

4683 12- 9-2025 4 9-200.020

5 9-201.020

6 9-202.020

7 9-203.020

8 9-204.020

9 9-400.030

10 9-405.050(a)(2)

11 9-406.030(k)

12 9-406.040

13 9-406.080(e)

14 9-406.060(i)

15 9-406-080(g)

16 9-408.070(c)

17 9-409.140(b)(4)

18, 19 9-409.160(f), (g)

20, 21 Added 9-409.270(l)(7), (m)

22 9-410.100(f)

23 9-505.020

24 9-511.030

25 9-602.030(c)

26 9-604.020(b)

27 9-606.020(b)

28 9-606.030(c)

29 9-606.040(a)

30 9-701.010

31 9-703.080

32 9-704.020(b)(5)

33 9-707.020

34 9-707.030

35 9-804.080(f)

36 9-900.010

37 9-900.020

38 9-901.050