1.1 tons of grapes or approximately two hundred one (201) gallons of wine and a maximum production capacity of two hundred (200) tons of grapes or approximately thirty-six thousand (36,000) gallons of wine per year.
Wireless Telecommunication Facility. “Wireless telecommunication facility” means any unstaffed facility which is commercially licensed by the Federal Communications Commission and/or the Public Utilities Commission for the transmission and/or reception of microwave/radio signals. Included in this definition are facilities such as commercial radio-telephone towers, personal communication service towers, and commercial satellite and receiving dishes. Excluded from this definition are radio and television broadcasting towers.
Writing. “Writing” means any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this Title, it shall be made in writing in the English language.
Yard. “Yard,” except as otherwise provided in this Title, means an open space, other than a court, on a lot also occupied by a building. A yard is unoccupied and unobstructed from the ground upward and does not include any portion of any road, alley, or road right-of-way.
Yard, Front. “Front yard” means a yard extending across the front of the lot between the side lot lines, measured from the front lot line to a depth required by the zone in which the lot is situated.
Yard, Rear. “Rear yard” means a yard extending along the back of the lot between the side lot lines, measured from the rear lot line to a depth required by the zone in which the lot is situated.
Yard, Side. “Side yard” means a yard extending from the front yard to the rear yard, measured from the side lot line to a width required by the zone in which the lot is situated.
Yard, Street Side. “Street side yard” means a yard along a side street extending from the front yard to the rear yard, measured from the side lot line to a width required by the zone in which the lot is situated.
Zone. “Zone” means a portion of the unincorporated area of City of Mountain House which is specifically designated in Divisions 3 through 7 of this Title, or on any map which is part of Divisions 3 through 7 of this Title, and given a zone name or number.
Zoning District. See “Zone.”
CHAPTER 4. USE CLASSIFICATION SYSTEM
9-1-401 Intent.
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.
ATTACHMENT C
Item 8.1
Mountain House Page 661 of 1663
44 9-1-402 Classification Rules.
All uses shall be classified according to the use types described in this Chapter beginning with Section 9-1-4-100. The classifications shall comply with the provisions of this Section. (a) Types of Uses Regulated. Only principal uses are included within the Use Classification System. Accessory uses and temporary uses are regulated by the use regulations for each zone district.
(b) Typical Uses Within Use Types. The description of the use types in this chapter 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 similar to other uses already classified within the use type, subject to the applicable provisions of Subsection (d) of this Section. (d) Classifying Several Uses on the Same Parcel. The principal uses conducted on a single parcel shall be classified separately.
(e) Capitalization of Use Types. The names of use types are capitalized throughout this Title.
9-1-403 Authority and Responsibility.
The Director shall have the following authority and responsibilities with respect to the Use Classification System:
(a) Classifying Uses. 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 Director shall develop and maintain an administrative list of common uses and the use types into which they are classified. 9-1-404 Procedure.
The classification of a use is an administrative decision without notice and hearing, except that an applicant can appeal the Director’s decision pursuant to Section 9-2-412.
ARTICLE I. RESIDENTIAL USE TYPES
9-1-4-100 General Description of Residential Use Types.
Residential use types include the occupancy of living accommodations, but exclude those providing forced residence, such as asylums and prisons, and the Lodging Services use type. 9-1-4-105 Family Residential.
The Family Residential use type refers to the occupancy of living quarters by one (1) or more families. The following are the categories of the Family Residential use type:
(a) Single-Family. The use of a parcel for only one (1) dwelling unit, not including a mobile home.
(b) Two-Family. The use of a parcel for two (2) dwelling units in a single structure. (c) Small Multifamily. The use of a parcel for three (3) to nine (9) dwelling units within one (1) or more buildings.
(d) Large Multifamily. The use of a parcel for ten (10) or more dwelling units within one (1) or more buildings.
ATTACHMENT C
Item 8.1
Mountain House Page 662 of 1663
45 9-1-4-110 Farm Employee Housing.
The following are the categories of the Farm Employee Housing use type:
(a) Small Farm Employee Housing. Farm employee housing consisting of no more than thirty-six (36) beds in a group quarters used exclusively for farm employees, or twelve (12) units or spaces designed for use by a single family or household. (b) Large Farm Employee Housing. Farm employee housing consisting of thirty-seven (37) or more beds in a group quarters used exclusively for farm employees, or thirteen (13) or more units or spaces designed for use by a single family or household. 9-1-4-115 Group Care.
The Group Care use type refers to facilities authorized, certified, or licensed by the State of California to provide nonmedical care and supervision to adults or to dependent and neglected children. Excluded are uses classified under the Child Care Services use type. Typical uses include halfway houses, nursing homes, homes for the developmentally disabled or mentally disabled, homes for substance abusers, and adult day care facilities. The following are the categories of the Group Care use type:
(a) Small. Group care facility for six (6) or fewer people. (b) Large. Group care facility providing twenty-four (24) hour a day care for seven (7) or more people.
(c) Adult Day Care. Group care facility providing less than twenty-four (24) hour a day care for seven (7) or less people.
(d) Farm-Related. Group care facility on a farm, ranch, or camp setting wherein a bona fide commercial agricultural enterprise, animal husbandry, or farm-related vocational educational program, along with skills training and outdoor-oriented personal fitness training, are substantial elements of the program provided, and where the density for the facility is three (3) full-time residents for each five (5) acres.
9-1-4-120 Group Residential.
The Group Residential use type refers to the occupancy of a dwelling unit with a common kitchen facility by a group of unrelated persons on a weekly or longer basis. Typical uses include boarding houses, sorority houses, and retirement homes. 9-1-4-125 Mobile Home Park.
The Mobile Home Park use type refers to a site accommodating two (2) or more mobile homes which are not used to provide employee housing.
9-1-4-135 Emergency Shelters.
The Emergency Shelters use type refers to housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. (a) Small. Shelters for up to two (2) families or not more than five (5) adults. (b) Large. Shelters for not more than forty (40) beds.
9-1-4-140 Single-Room Occupancy.
The Single-Room Occupancy (SRO) use type refers to any building containing five (5) or more guest rooms or units intended or designed to be used or occupied for sleeping purposes by residents, which is also the primary residence of those residents. The individual units may or may
ATTACHMENT C
Item 8.1
Mountain House Page 663 of 1663
46 not lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, an SRO facility does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, or hospitals.
9-1-4-150 Veterans Supportive Housing.
The Veterans Supportive Housing use type refers to long-term, supportive and affordable housing for veterans and their families to assist in regaining or maintaining independence. This use type has specific locational criteria and development requirements in the Public Facilities (P-F) zone.
ARTICLE II. NON-RESIDENTIAL USE TYPES
9-1-4-300 General Description of Non-Residential Use Types.
Non-Residential use types include commercial, agricultural, industrial, civic, and extractive uses.
9-1-4-305 Administrative Offices.
The Administrative Offices use type refers to offices of private sector firms or organizations which are used for the provision of executive, management, or administrative services and which do not serve walk-in customers or clients. Typical uses include corporation headquarters and administrative offices.
9-1-4-310 Administrative Support Services.
The Administrative Support Services use type refers to the sale, rental, or servicing of office-related equipment or the provisions of support services to businesses or other organizations, rather than to individuals. Typical uses include office supply stores, secretarial services, duplicating services, and data processing services.
9-1-4-315 Adult Entertainment.
Adult Entertainment means any of the following:
(a) Any business where, as a substantial or significant course of conduct, explicit sexual materials are shown, displayed or exhibited on the premises to members of the public by means of any mechanical, lighting or electrical device whatsoever; (b) Any business where, as a substantial or significant course of conduct, members of the public are entertained on the premises by or in the presence of one (1) or more entertainers or any other person:
(1) That engages in simulated explicit sexual conduct, or (2) If, with respect to any such entertainer or person the following actual or simulated conditions exist:
(A) The genitals or pubic region or any part thereof are visible; (B) All or any part of the cleavage of the buttocks is visible; (C) The female breast is visible below a point immediately above the top of the areola; or
(D) The male genitals are in a discernibly turgid state even if completely and opaquely covered.
ATTACHMENT C
Item 8.1
Mountain House Page 664 of 1663
47 (c) Any business that, as a substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows, or displays explicit sexual material in the form of a book, magazine, newspaper, pamphlet, film, video or any other form or medium or sexually oriented devices intended for use in relation to explicit sexual conduct.
A particular business at a particular location that receives in excess of twenty-five percent (25%) of its gross revenue directly or indirectly from, or devotes in excess of twenty-five percent (25%) of the stock on hand or the square footage of the business that is open to the public to the activities defined above, is presumed to be engaging in “a substantial or significant course of conduct” with respect to such activities.
Explicit Sexual Conduct means simulated, by person or inanimate object, sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, bestiality, sexually oriented sadism or masochism, or excretory functions in conjunction with sexual activity, masturbation or lewd exhibition of the genitals, whether any of the above conduct is presented as being performed alone or between members of the same of opposite sex or between humans or animals, or any other act of sexual arousal involving physical contact with female breast or a person’s genitals, pubic region, pubic hair, perineum, anus or anal region.
9-1-4-320 Aerial Services.
The Aerial Services use type refers to aerial services provided to agricultural operations and to businesses. The following are the categories of the Aerial Services use type:
(a) Farm. Establishments primarily providing aerial services to farms from airstrips or heliports and which are owned and operated for that purpose. Typical uses include aerial spraying and crop dusting services.
(b) Heliport. Establishments primarily providing aerial services to businesses other than farms from heliports owned and operated by said establishments. Typical uses include aerial photography and aerial geographical exploration services. 9-1-4-325 Agricultural Organizations.
The Agricultural Organizations use type refers to organizations operating on a membership basis to promote the interests of their members with respect to agricultural concerns. Typical uses include farm bureaus, farm granges, and growers’ associations not engaged in contract buying or selling.
9-1-4-330 Agricultural Processing.
The Agricultural Processing use type refers to the processing of foods and beverages from agricultural commodities. The following are the categories of the Agricultural Processing use types:
(a) Preparation Services. Establishments primarily engaged in performing limited processing on crops, subsequent to their harvest, with the intent of preparing them for market or further processing. Typical uses include nut hulling and shelling, bean cleaning, corn shelling and sorting, and grading and packing of fruits and vegetables. (b) Food Manufacturing. Establishments engaged in manufacturing or processing foods and beverages for consumption. Typical uses include canning of fruits and vegetables, slaughter houses, creameries, and manufacture of prepared meat products.
ATTACHMENT C
Item 8.1
Mountain House Page 665 of 1663
48 9-1-4-335 Agricultural Sales.
The Agricultural Sales use type refers to 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 the Agricultural Sales use type:
(a) 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.
(b) 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.
9-1-4-340 Agricultural Warehousing.
The Agricultural Warehousing use type refers to the storage of raw farm products on a fee or contract basis, including refrigerated storage. Typical uses include storage of grains, beans, meats, and cheese.
9-1-4-345 Agricultural Wastes.
The Agricultural Wastes use type refers to 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.
9-1-4-350 Animal Feeding and Sales.
The Animal Feeding and Sales use type refers to temporary holding of livestock on a fee or contract basis in preparation for slaughter, market, shipping, or sales. Typical uses include livestock auction yards, stockyards, animal sales yards, and feedlots for cattle, hogs, or sheep. 9-1-4-355 Animal Raising.
The Animal Raising use type refers to the raising of animals, but excludes small animals commonly raised as pets. The following are the categories of the Animal Raising use type:
(a) Exotic Animals. Raising animals generally considered as wild or not normally domesticated. Typical uses include chinchilla farms, fox farms, and game farms. (b) 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 and goats. (c) Hogs. Raising hogs for breeding purposes or meat production in numbers large enough to constitute a hog farm.
(d) Small Animals. Raising small animals or poultry, in numbers large enough to constitute a small animal farm or poultry farm, or raising aquatic animals, for 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. (e) Family Food Production. Raising animals for family food production. (f) Educational Animal Project. Raising animals for an educational animal project. (g) Zoo. Raising and maintaining a variety of animals, both wild and domestic, for purposes of exhibiting such animals to the public. Typical uses include zoos.
ATTACHMENT C
Item 8.1
Mountain House Page 666 of 1663
49 (h) Petting Zoo. Raising and maintaining a variety of domesticated animals for purposes of both exhibition to the public and direct contact by the public. Typical uses include petting zoos.
9-1-4-360 Animal Specialty Services.
The Animal Specialty Services use type refers to establishments which provide spraying, cleaning, breeding, shearing, and veterinarian services to animals on a fee or contract basis. The following are the categories of the Animal Specialty Services use type:
(a) Farm. Establishments which primarily provide service to large animals raised for commercial purposes such as cattle and sheep, or for personal enjoyment such as horses. Typical uses include cattle spraying operations, sheep dipping and sheering services, and veterinary offices for livestock, with or without incidental veterinary services for pets. (b) Pet. Establishments which provide cleaning, veterinarian, and training services to dogs, cats, and similar small animals. Typical uses include pet grooming shops, pet clinics, dog and cat hospitals, and dog obedience training centers.
(c) Kennels. Establishments which provide boarding and breeding services to dogs and cats and similar small animals. Typical uses include dog kennels and pet motels. (d) Kennels, Small Breeding. Establishments which raise and breed less than ten (10) dogs and cats for purposes of selling or exhibiting. Typical uses include small breeding kennels. 9-1-4-365 Auction Sales.
The Auction Sales use type refers to the sale of merchandise by auction, but excludes the sale of food products and animals.
The following are the categories of the Auction Sales use type:
(a) Indoor. The indoor sale of merchandise by auction. Typical uses include antique and art auction houses.
(b) Outdoor. The outdoor sale of merchandise by auction. 9-1-4-370 Automotive Sales and Services.
The Automotive Sales and Services use type refers to establishments or places of business primarily engaged in automotive-related sales or services. The following are the categories of the Automotive Sales and Services use type:
(a) Automotive Rentals. Rental of automobiles and light trucks. Typical uses include car rental agencies.
(b) Automotive Repairs, Light. 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, and automobile glass shops. Excluded are uses included under the Automobile Repairs, Heavy, category.
(c) Automotive Repairs, Heavy. Automotive body repair services, including painting of automobiles and light trucks. Typical uses include automotive body shops, collision shops, and paint shops.
(d) Automotive Sales. Sale, retail or wholesale, of automobiles, light trucks, and motorcycles, together with incidental automotive repairs and maintenance. Typical uses include automobile dealers.
(e) Cleaning. Washing and polishing of automobiles. Typical uses include car washes
ATTACHMENT C
Item 8.1
Mountain House Page 667 of 1663
50 and auto detailers.
(f) Inoperable Vehicle Storage. Parking or storage of inoperable vehicles. Typical uses include vehicle storage yards and tow storage yards. Excluded are automotive dismantling operations and uses classified under the Truck Services use type. (g) Operable Vehicle Storage. Storage of operable vehicles, recreational vehicles and boat trailers, but excluding commercial parking lots. Typical uses include fleet storage lots and recreational vehicle storage lots.
(h) Parking. Parking of operable motor vehicles on a temporary basis within an off-street parking area with, or without, a fee. Typical uses include parking lots and garages. 9-1-4-375 Building Maintenance Services.
The Building Maintenance Services use type refers to the provision of maintenance and custodial services. Typical uses include janitorial services and window cleaning services. 9-1-4-380 Child Care Services.
The Child Care Services use type refers to the care of children in a day-care facility, but excludes uses requiring overnight care. The following are categories of the Child Care Services use type:
(a) Family Day Care Homes. Child day-care services in a residence which provide care for fourteen (14) or fewer children, including children who reside at the residence. Typical uses include small family day care home and large family day care homes. (b) Child Care Centers. Child day-care services for fifteen (15) or more children.
Typical uses include child care centers, preschools, and day nurseries. 9-1-4-382 Commercial Cannabis.
Commercial Cannabis. The Commercial Cannabis use type includes any commercial cannabis activity for which a commercial cannabis license is required. The following are the categories of the Commercial Cannabis use type:
(a) Cannabis Cultivation. The Cannabis Cultivation use type refers to any activity allowed pursuant to a Cultivator License.
(b) Cannabis Distribution. The Cannabis Distribution use type refers to any activity allowed pursuant to a Distributor License.
(c) Cannabis Manufacturing. The Cannabis Manufacturing use type refers to any activity allowed pursuant to a Manufacturer License.
(d) Cannabis Non-Storefront (Delivery) Retail Sales. The Cannabis Non-Storefront (Delivery)Retail Sales use type refers to any activity allowed pursuant to a Retailer License. (e) Cannabis Laboratory Testing. The Cannabis Laboratory Testing use type refers to any activity allowed pursuant to a Testing Laboratory License.
The Commercial Cannabis use type and its categories are included in the use tables with the indication that the uses are not permitted, and, for avoidance of doubt, it is hereby stated that the Commercial Cannabis use type and its categories are not permitted anywhere in the City, even with a state license.
9-1-4-385 Communication Services.
The Communication Services use type refers to commercial establishments or facilities which primarily provide electronic communication of audio/visual information and/or
ATTACHMENT C
Item 8.1
Mountain House Page 668 of 1663
51 entertainment via cable, microwave or radio frequency transmission. The following are the categories of the Communication Services use type:
(a) Type I. Communication Services which require the mounting of a wireless telecommunication facility on an existing building or structure. Typical uses include wireless telecommunication facilities for cellular radio mobile services, paging services, and personal communication services.
(b) Type II. Communication Services which require the construction of a new freestanding support structure for wireless telecommunication antennas and associated supporting equipment. Typical uses include wireless telecommunication monopoles and lattice towers for cellular radio mobile services.
(c) Type III. Communication Services which require the construction of a new freestanding support structure for the purposes of radio or television broadcasting. Typical uses include radio and television broadcast towers.
(d) Type IV. Communication Services which require the regular day-to-day presence of personnel at a site to provide the service being offered. Typical uses include radio and television broadcasting studios, cable TV administrative offices, and telegraph message centers. 9-1-4-390 Community Assembly.
The Community Assembly use type refers to recreational, social, or multi-purpose uses within buildings. Typical uses include community centers, private clubs, and lodges. Excluded are uses included under the Recreation: Indoor Spectator sub-use type. 9-1-4-395 Construction Sales.
The Construction Sales use type refers to the rental or sale of paint, fixtures, hardware, and other materials used in the construction of buildings, but excludes those establishments which rent out heavy equipment and are classified under the Equipment Sales use type. Typical uses include building materials stores and lumber yards.
9-1-4-400 Construction Services.
The Construction Services use type refers to the operation of a construction business, and the storage of equipment and material for said business other than at the construction site. The following are the categories of the Construction Services use type:
(a) Light. Construction services provided by general contractors and specialized trade contractors engaged in building construction. Typical uses include general contracting services for residential dwellings; plumbing, heating, electrical, and air conditioning contractors. (b) Heavy. Construction services provided by general and special trade contractors engaged in heavy construction other than buildings. Typical uses include contractors engaged in highway and street construction; water, sewer, and pipeline construction; and bridge and tunnel construction.
9-1-4-405 Crop Production.
The Crop Production use type refers to growing plant crops for commercial purposes.
Typical uses include growing field crops, fruit or nut trees, and vineyards. 9-1-4-410 Cultural and Library Services.
The Cultural and Library Services use type refers to activities involving private, nonprofit,
ATTACHMENT C
Item 8.1
Mountain House Page 669 of 1663
52 museum-like 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. Typical uses include museums, art galleries, and libraries.
9-1-4-412 Custom Agricultural Manufacturing.
The Custom Agricultural Manufacturing use type includes the manufacturing and repair of customized agricultural equipment where such equipment is primarily used to support the agricultural economy. Customized agricultural equipment includes specialty agricultural equipment which is not commonly available to farmers on the retail market. 9-1-4-415 Custom Manufacturing.
The Custom Manufacturing use type refers to the on-site production of goods by hand manufacturing or artistic endeavor which involves only the use of hand tools or small mechanical equipment, and the incidental sale of these goods directly to consumers. Typical uses include ceramic studios, candle making shops, and custom jewelry manufacturers. 9-1-4-420 Dairies.
The Dairies use type refers to collecting milk from animals and temporarily storing the milk prior to selling it to a dairy processing plant. Typical uses include cow dairy farms and goat dairy farms.
9-1-4-425 Eating Establishments.
The Eating Establishments use type refers to the sale of prepared food and beverages for on-premises consumption, but excludes those uses classified under the Liquor Sales use type. The following are the categories of the Eating Establishments use type:
(a) Convenience. The preparation and retail sale of food and beverages that does not normally provide for ordering from tables. Typical uses include drive-in and fast-food restaurants, ice cream parlors, and delicatessens.
(b) Full-service. The sale of prepared food and beverages on the premises, which normally entails ordering of food and beverages from tables, and which may include sales of alcoholic beverages as an accessory or secondary service. Typical uses include full-service restaurants.
9-1-4-430 Educational Services.
The Educational Services use type refers to the provision of educational services. The following are the categories of the Educational Services use type:
(a) Commercial. Educational services provided by private institutions or individuals with the primary purpose of preparing students for jobs in a trade or profession. Typical uses include business and vocational schools, music schools, and hair styling schools. (b) General. Educational services that meet State requirements for primary, secondary, or higher education and that are owned and operated by private institutions or individuals. Typical uses include elementary, junior high, and senior high schools; boarding schools; and community colleges.
9-1-4-435 Equipment Sales and Repair.
The Equipment Sales and Repair use type refers to the sale, rental, servicing, and/or repair
ATTACHMENT C
Item 8.1
Mountain House Page 670 of 1663
53 of farm machinery, heavy equipment, aircraft, and a variety of leisure-oriented equipment. The following are the categories of the Equipment Sales and Repair use type:
(a) Farm Machinery, Sales. The sale, rental, and minor, incidental repair of farm machinery. Typical uses include tractor sales yard.
(b) Farm Machinery, Repair. The repair of farm implements and equipment. Typical uses include welding shops and tractor repair shops.
(c) Heavy Equipment, Sales. Sale of heavy construction equipment or major facility equipment like large-scale furnaces or boilers. Typical uses include crane or bulldozer sales yards. (d) Heavy Equipment, Repair. Repair of heavy construction equipment or major facility equipment like large-scale furnaces or boilers. Typical uses include bulldozer or boiler repair shops.
(e) Leisure. Storage, 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.
(f) Aircraft. Sale/rental, servicing, and repair of aircraft. Typical uses include aircraft dealers.
9-1-4-440 Explosives Handling.
The Explosives Handling use type refers to the production, storage, and testing of explosives. Typical uses include chemical plants producing explosive chemicals and safe-haven truck terminals.
9-1-4-445 Farm Services.
The Farm Services use type refers to administrative services, soil preparation services, and plant crop services, and the storage of farm equipment and material for said services, provided to farming operations on a fee or contract basis. Excluded are those uses classified under the Agricultural Processing use type. Typical uses include farm headquarters offices and contract harvesting done primarily by machine.
9-1-4-450 Funeral and Interment Services.
The Funeral and Interment Services use type refers to the provision of services involving the care, preparation, or disposition of the dead. The following are the categories of the Funeral and Interment Services use type:
(a) Cemeteries. Services involving the keeping of bodies below ground on cemetery grounds and the incidental provision of interring, undertaking, and crematory services on said cemetery grounds.
(b) Interring and Cremating. Services involving the keeping of human bodies above ground and/or crematory services involving the reduction of the human body to ashes by burning.
Typical uses include columbaria, mausoleums, cineraria, crem crematoriums. (c) Undertaking. Services involving the preparation of the dead for burial and arranging and managing funerals. Typical uses include funeral homes or mortuaries. 9-1-4-455 Gasoline Sales.
The Gasoline Sales use type refers to the retail sale of petroleum products from the premises of the establishment. The following are the categories of the Gasoline Sales use type:
(a) Service. Gasoline sales with incidental sale of tires, batteries, replacement items,
ATTACHMENT C
Item 8.1
Mountain House Page 671 of 1663
54 lubricating services, and minor repair services. Typical uses include automobile service stations. (b) Combination. Gasoline sales combined with the retail sales of other items provided for the convenience of the automotive traveler. Typical uses include convenience markets that also sell gasoline.
9-1-4-460 General Industrial.
The General Industrial use type refers to the on-site production of goods other than those that are agricultural or extractive in nature, but excludes those uses classified under the Custom Manufacturing, the High Technology, and the Explosives Handling use types. The following are the categories of the General Industrial use type:
(a) Limited. Production processes which, by the nature of the activity performed and/or the scale of operation, can be located near residential or commercial uses with minimal impact to adjacent uses. Typical uses include apparel manufacturing, paper products manufacturing, and furniture production using already manufactured components. (b) Intermediate. Production processes which can be located near residential or commercial uses only if special control measures are taken to mitigate the land use conflicts which can result from such operations. Typical uses include manufactured buildings prefabrication and small household appliance manufacturers.
(c) Heavy. Production processes which should not be located near residential or commercial uses due to the intensive nature of the industrial activity and/or it’s scale of operation.
These uses may be located near other manufacturing uses exhibiting similar characteristics although special control measures may still be required of some extremely intensive operations to ensure compatibility with similar industrial uses. Typical uses include motor vehicle assembly, sawmills, textile dyeing, and leather tanning chemical production. 9-1-4-465 Hazardous Industrial.
The Hazardous Industrial use type refers to the production, storage, or testing of materials which are especially dangerous or hazardous, but excludes those uses classified under the Explosives Handling and General Industrial, Heavy, use types. Typical uses include toxic chemical production.
9-1-4-470 High Technology Industry.
The High Technology Industry use type refers to the research, development, and controlled production of high-technology electronic, industrial, or scientific products. Typical uses include biotechnology firms and computer component manufacturers. 9-1-4-475 Laundry Services.
The Laundry Services use type refers to the provision of commercial laundering, dry cleaning, or dyeing services other than those classified under Retail Sales and Services. Typical uses include laundry agencies, diaper services, and linen supply services. 9-1-4-480 Liquor Sales.
The Liquor Sales use type refers to the retail sale of alcoholic beverages for consumption either on or off the premises of the establishment. This excludes uses classified under either the Retail Sales or Eating Establishments use types. The following are the categories of the Liquor Sales use type.
ATTACHMENT C
Item 8.1
Mountain House Page 672 of 1663
55 (a) On-Premises. On-premises sale and consumption of alcoholic beverages in a facility. Typical uses include comedy clubs, taverns, brew pubs, and cocktail lounges. (b) Off-Premises. The retail sale of alcoholic beverages for off-premises consumption.
Typical uses include liquor stores.
9-1-4-482 Limited Agricultural Recycling.
The limited agricultural recycling use type is restricted exclusively to the recycling of materials generated from production of agricultural activities. Examples of such materials might be: plastic sheeting used for soil fumigation or covering of silage, plastic pipe used for irrigation systems, or similar products used in agriculture. Any such facilities shall be within five hundred (500) feet of a major arterial, or higher classification roadway. 9-1-4-485 Lodging Services.
The Lodging Services use type refers to the provision of rental guest rooms on a less than weekly basis to the general public, and the incidental sale of food, drink, and similar products and services intended for the convenience of guests. This use type excludes those uses classified under Group Residential. The following are the categories of the Lodging Services use type:
(a) Bed and Breakfast. Lodging facilities, other than a motel, that are provided in an existing dwelling structure and are located in areas designated as residential, commercial, agriculture, or mixed use on the General Plan 2010 map. Typical uses include bed and breakfast inns.
(b) Motel. Lodging facilities which are used primarily for the accommodation of automobile travelers and which are located in areas designated as a commercial or mixed use on the General Plan 2010 map. Typical uses include hotels, motels, and inns. 9-1-4-490 Major Impact Services.
The Major Impact Services use type refers to 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. Typical uses include airports, sanitary landfills, hazardous waste disposal sites, and correctional institutions. 9-1-4-495 Medical Services.
The Medical Services use type refers to the provision of personal health services, ranging from prevention to diagnosis, treatment and rehabilitation, by physicians, dentists, nurses, and other health personnel, as well as the provision of medical testing and analysis services, but excludes uses classified under other nonresidential use types. Typical uses include medical offices, dental laboratories, health maintenance organizations, immediate care facilities, and sports medicine facilities.
9-1-4-500 Nursery Sales and Services.
The Nursery Sales and Services use type refers to the sale of plants and related nursery items and to the provision of nursery related services. The following are the categories of the Nursery Sales and Services use type:
(a) Wholesale. Wholesaling of plants and/or the incidental retail sales of plants.
Typical uses include wholesale nurseries and commercial greenhouses. (b) Retail. Retail sale of plants and flowers and related nursery items. Typical uses
ATTACHMENT C
Item 8.1
Mountain House Page 673 of 1663
56 include retail nurseries and home garden stores.
(c) Landscaping Services. Services involving the installation or maintenance of plant and garden materials. Typical uses include tree trimming, sod laying, and lawn and garden maintenance.
9-1-4-505 Personal Storage.
The Personal Storage use type refers to commercial storage services, primarily for personal effects and household goods located within enclosed storage areas that have individual access.
Workshops, hobby shops, manufacturing and commercial activities are prohibited within the rented or leased structures. Typical uses include mini-warehouses. 9-1-4-510 Petroleum and Gas Extraction.
The Petroleum and Gas Extraction use type refers to 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.
9-1-4-515 Produce Sales.
The Produce Sales use type refers to the sale of produce and agricultural products, including shell eggs, as the primary economic activity of produce stands and agricultural stores.
Excluded are uses classified under Agricultural Sales, Nursery Sales and Service and Retail Sales and Service use types. The full-service category under the Eating Establishment use type is also excluded. The following are the categories of the Produce Sales use type:
(a) Produce Stand. A food establishment for the sale of only produce, cut flowers, and/or shell eggs that are grown or raised in the City of Mountain House. The maximum amount of time that a produce stand may operate shall not exceed one hundred eighty (180) days within a twelve (12) month period. The maximum area for a produce stand shall not exceed seven hundred (700) square feet.
(b) Agricultural Store, Small. A food establishment that is used for the sale of produce, agricultural products, and limited retail merchandising. The maximum structure size of a small agricultural store shall be one thousand five hundred (1,500) square feet including a maximum of one hundred fifty (150) square feet of the floor area for limited retail sales. (c) Agricultural Store, Large. A food establishment housed in a permanent structure that is used for the sale of produce, agricultural products, limited retail merchandising and food preparation. The structure size of a large agricultural store shall be more than one thousand five hundred (1,500) square feet including a maximum of five hundred (500) square feet of the floor area for limited retail sales and food service, i.e., customer seating. Food preparation areas, i.e., kitchens, shall not be counted as part of the retail sales area. 9-1-4-520 Professional Services.
The Professional Services use type refers to those establishments which provide professional services to individuals or businesses, but excludes offices not servicing walk-in customers which are classified under the Administrative Offices use type. Typical uses include law offices, banks, real estate offices, bail bonds, insurance offices, and architectural firms. 9-1-4-525 Public Services.
The Public Services use type refers to services provided by a public agency, public utility,
ATTACHMENT C
Item 8.1
Mountain House Page 674 of 1663
57 quasi-public agency, or charitable organization, and to major health services provided by a public or private entity. Excluded from this use type are equipment storage and maintenance yards and uses classified under the Major Impact Services, Group Care, and Medical Services use types. The following are the categories of the Public Services use type:
(a) Administrative. Consulting, record keeping, clerical, or public contact services, that deal directly with citizens. Typical uses include governmental offices, charitable service organizations, and telephone business offices.
(b) Essential. Public services which have a substantial impact on the surrounding community but which may be conditionally permitted in a variety of zones for reasons of necessary location and/or community-wide interest. Typical uses include police and fire stations, hospitals, post offices, libraries, and museums.
9-1-4-530 Quarry Operations.
The Quarry Operations use type refers to the extraction and processing of rocks and minerals from the ground, but excludes uses classified under the Petroleum and Gas Extraction use type. Typical uses include sand and gravel pits, metal mining, and coal mining. 9-1-4-535 Recreation.
The Recreation use type refers to sport, amusement, and leisure activities for adults and children. The following are the categories of the Recreation use type:
(a) Campgrounds. Areas and services for two or more campsites, accommodating either tents or camping vehicles, which are used by the general public as temporary living quarters for recreational purposes. Typical uses include recreational vehicle campgrounds and group tent campgrounds.
(b) Indoor Participant. Facilities for indoor participant sport activities. Typical uses include skating rinks, bowling alleys, billiard parlors, racquet clubs, and gymnasiums. (c) Indoor Spectator. Indoor facilities for presenting cultural, entertainment, and athletic events to spectators or for social or fraternal gatherings. Typical uses include theaters and exhibition halls.
(d) Marinas. Docking, storage, rental, and repair of recreational and fishing boats.
Typical uses include recreational boat marinas, boat rental establishments, and boat launch pads. (e) Outdoor Entertainment. Facilities used for outdoor recreational activities and for presenting entertainment and athletic events to spectators. Typical uses include water slide facilities, amusement parks, open air theaters, and stadiums. (f) Outdoor Sports Clubs. Sports clubs using open space or agricultural land for hunting, shooting, or fishing purposes. Typical uses include duck clubs, hunting clubs, skeet clubs, and rifle ranges.
(g) Parks. Outdoor areas used for recreational activities which involve large amounts of open space with minimal development. Typical uses include parks and golf courses. Excluded are uses under the “Outdoor Entertainment” use type subcategory. (h) 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.
(i) 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
ATTACHMENT C
Item 8.1
Mountain House Page 675 of 1663
58 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.
9-1-4-540 Recycling Services.
The Recycling Services use type refers to the reuse of previously produced materials. The following are the categories of the Recycling Services use type:
(a) Consumer. The collection and temporary storage, prior to recycling, of paper, aluminum, plastic, and glass products used by consumers in the home and not intended for reuse in their commercially marketed form. Any materials that are hazardous are excluded. Typical uses include neighborhood recycling centers.
(b) Scrap Operations. The storage, sale, dismantling, and recycling of inoperable vehicles, scrap metal products, and inoperable industrial equipment, and the storage and sale of scrap products brought in from neighborhood recycling centers. Typical uses include junk yards, automobile wrecking yards, and commercial recycling centers. (1) The Limited Agricultural Recycling use type is restricted exclusively to the recycling of materials generated from production of agricultural activities. Examples of such materials might be: plastic sheeting used for soil fumigation or covering of silage, plastic pipe used for irrigation systems, or similar products used in agriculture. Any such facilities shall be within five hundred (500) feet of a major arterial, or higher classification roadway. 9-1-4-545 Religious Assembly.
The Religious Assembly use type refers to religious services and activities involving public assembly. Typical uses include churches, synagogues, and temples. The following are the categories of Religious Assembly use type:
(a) Neighborhood. Religious assembly having a seating capacity of less than two hundred and fifty (250) people.
(b) Community. Religious assembly having a seating capacity of at least two hundred and fifty (250) people, but less than five hundred (500) people. (c) Regional. Religious assembly having a seating capacity of five hundred (500) people or more.
9-1-4-550 Research and Laboratory Services.
The Research and Laboratory Services use type refers to research of an industrial or scientific nature and laboratory processing of material, but excludes medical testing and analysis, product testing, and manufacturing classified under the High Technology use type. Typical uses include electronics research firms, pharmaceutical research laboratories, and photographic labs. 9-1-4-555 Retail Sales and Service.
The Retail Sales and Service use type refers to the sale of commonly used goods and merchandise or the provision of personal services, but excludes those uses classified under other use types. The following are the categories of the Retail Sales and Service use type:
(a) Primary. Retail establishments which provide a limited number of frequently or recurrently needed personal items or services for residents in an immediate neighborhood. These establishments shall be of appropriate size and scale to meet the above criteria. Typical uses
ATTACHMENT C
Item 8.1
Mountain House Page 676 of 1663
59 include small grocery stores, barber shops, beauty parlors, and self-service laundromats. (b) Intermediate. Retail establishments which provide a variety of retail or personal service needs for residents in a particular area of the community. Typical uses include supermarkets, dry cleaners, tanning salons, video rental outlets, and appliance repair shops. (c) General. Retail establishments which provide for a wide variety of the retail or personal service needs of an entire community. However, due to their scope of service, method of operation, or type of goods sold, they may be incompatible with primary or intermediate establishment locations. Typical uses include warehouse-styled retail outlets, bottled fuel sales, ammunition sales, towing services, furniture stores, and department stores. 9-1-4-560 Sign, 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. 9-1-4-565 Stables.
The Stables use type refers to boarding, exercise, and training services for horses. The following are the categories of the Stables use type:
(a) Neighborhood. Boarding and training services for six (6) or fewer horses. Typical uses include neighborhood boarding stables and small horse arenas. (b) Commercial. Boarding, exercise, and training services for seven (7) or more horses. Typical uses include commercial stables, riding clubs, riding academies, and race horse training.
9-1-4-570 Transportation Services.
The Transportation Services use type refers to the provision of transportation of persons and goods. Typical uses include bus services, train services, taxi services, and commercial postal services.
9-1-4-575 Truck Sales and Services.
The Truck Sales and Services use type refers to the sale/rental and repair of trucks and the provision of services for trucks involved in local or long distance hauling. Excluded are uses classified under the Automotive Services use type and the Equipment Sales and Repair use type.
The following are the categories of the Truck Sales and Services use type:
(a) Parking. A commercial operation for the parking or storage of trucks. Typical uses include truck storage yards.
(b) Cleaning. Washing and cleaning of trucks. Typical uses include truck washes. (c) Stops. Minor servicing and repair of trucks, including the direct dispensing of motor fuel and the sale of truck accessories, and the (optional) provision of any overnight accommodations and restaurant facilities for the use of truck crews. Typical uses include truck stops.
(d) Repairs. Repair of trucks and the sale, installation, and servicing of truck equipment and parts. Typical uses include truck transmission shops. (e) Sales. The sale, rental, and incidental repair of trucks. Typical uses include truck dealers and truck rental leasing without drivers.
(f) Terminals. The operation of truck terminals including auxiliary maintenance and
ATTACHMENT C
Item 8.1
Mountain House Page 677 of 1663
60 service facilities. Typical uses include freight trucking terminals. (g) Liquefied Natural Gas (LNG) Truck Fueling Stations. Fueling operations with the sole purpose of the direct dispensing of Liquefied Natural Gas fuel to trucks. Excluded are uses classified in the Gasoline Sales Service and Combination use types. 9-1-4-580 Utility Services.
The Utility Services use type refers to the provision of electricity, liquids, or gas through wires or pipes. The following are the categories of the Utility Services use type:
(a) Minor. Utility services that are necessary to support principal development involving only minor structures. Typical uses include electrical distribution lines, utility poles, and pole transformers.
(b) Major. Utility services involving major structures. Typical uses include natural gas transmission lines and substations, petroleum pipelines, and wind farms. 9-1-4-581 Veterans Organizations.
The Veterans Organization use type refers to nationally recognized, non-profit veterans groups providing services to the nation’s military veterans. Services provided may include, but are not limited to, funeral services and burials, transportation to veterans hospitals, providing wheelchair and medical equipment, counseling services, youth activities associated with veterans organizations, and flag placement on public thoroughfares on major holidays. Typical uses include: Veterans of Foreign Wars, The American Legion, Disabled American Veterans, and AmVets.
9-1-4-582 Water Storage.
The intentional use of any area of five hundred (500) acres or more for the containment of water which will at any time exceed an average six (6) feet in depth for thirty (30) days or more in any calendar year. This section does not apply to containment by a levee of an island adjacent to tidal waters in the Sacramento-San Joaquin Delta as defined in California Water Code Section 12220 if the maximum possible water storage elevation exceeds four (4) feet above mean sea level as established by the United States Geological Survey 1929 datum. This section does not apply to dams and reservoirs under the jurisdiction of the Federal Government or the State of California exercising jurisdiction under Division 3 of the California Water Code. 9-1-4-585 Wholesaling and Distribution.
The Wholesaling and Distribution use type refers to the wholesaling, storage, or bulk sale distribution of materials and equipment, but excludes uses classified under the Agricultural Warehousing, Animal Feeding and Sales, and Truck Services use types. The following are the categories of the Wholesaling and Distribution use type:
(a) Light. Wholesaling, storage, and warehousing services within enclosed structures.
Typical uses include wholesale distributors and storage warehouses. (b) Heavy. Open-air storage, distribution, and handling of materials and equipment.
Typical uses include monument or stone yards, and open storage yards. 9-1-4-590 Wineries and Wine Cellars.
The Wineries and Wine Cellars use types refer to the production of wine and the storage of wine. These use types exclude uses that are classified under the Eating Establishment use type.
ATTACHMENT C
Item 8.1
Mountain House Page 678 of 1663
61 Both wineries and wine cellars may hold marketing events and special events. Wineries and wine cellars are considered to be primary land uses. The following are the categories of the Wineries and Related Facilities use type:
(a) Wine Cellar, Off-Site. An off-site wine cellar involves a structure or area used for the storage of wine. No wine is produced on-site. An off-site wine cellar is always associated with a vineyard.
(b) Winery. The winery category always includes facilities for the production of wine and may include one on-site and one off-site wine cellar. The winery category includes boutique, small, medium and large wineries.
CHAPTER 5. SUPPLEMENTARY REGULATIONS
9-1-501 Intent.
The intent of this Chapter is to qualify or supplement regulations that appear elsewhere in this Title.
9-1-502 Every Dwelling to be on a Lot.
Every dwelling or dwelling group must be located and maintained on a lot as required by this Title. Not more than one (1) dwelling structure shall occupy any one (1) lot, unless otherwise permitted in this Title.
9-1-503 Sale or Lease of Required Space.
No space needed to meet the width, yard, area, intensity, parking, or other requirements of this Title for lot or building may be sold, separated, or leased away from such lot or building.
DIVISION 2. ADMINISTRATIVE PROVISIONS
CHAPTER 1. ADMINISTRATIVE PROVISIONS: INTENT AND ORGANIZATION 9-2-101 Title and Intent.
Division 2 constitutes the Administrative Provisions. The intent of this Division is to prescribe regulations for the administration of this Title.
CHAPTER 2. REVIEW AUTHORITIES
9-2-201 Intent.
The intent of this Chapter is to specify the responsibilities of the various CountyCity agencies, groups, and offices in implementing this Title. 9-2-202 Planning Agency.
A Planning Agency for City of Mountain House is hereby created and established. It shall consist of the following:
(a) City Council;
(b) Planning Commission;
(c) Director of the Community Development Department;
(d) Planning and Development Services Divisions;
ATTACHMENT C
Item 8.1
Mountain House Page 679 of 1663
62 (e) Environmental Review Officer; and
(f) Design Review Committee.
9-2-203 City Council.
The City Council has the following functions as they apply to this Title:
(a) Appointments. To exercise all appointing power provided under state law and this Title, including the appointment of the Director of the Community Development Department and the members of the Planning Commission;
(b) Adoptions. To adopt the General Plan, Master Plans, Public Financing Plans, Specific Plans, Special Purpose Plans, regulations, ordinances, and environmental guidelines; (c) Appeals. To be the final appellate body on all matters as specified in this Title; (d) Annual Reviews. To annually review the Capital Improvement Program of the City for its conformity with the General Plan, pursuant to Article 7 (commencing with Section 65400) of the Government Code;
(e) Legislative Body. To serve as the legislative body as that term is used in the Subdivision Map Act; and
(f) Environmental Reviews. To determine that there has been adequate environmental review under the provisions of the California Environmental Quality Act, of all matters the City Council is considering.
9-2-204 Planning Commission.
The At such time as the City Council repeals or amends Ordinance No. 2024-012 to establish a Planning Commission, or otherwise establishes a Planning Commission, the Planning Commission role as part of the Planning Agency shall be as provided in this Section. (a) Membership. The Planning Commission shall consist of five (5) members who shall be appointed by the City Council in the following manner:
(1) Five (5) members composed of one (1) resident from each of the five (5) Supervisorial Districts;
(2) If a member is moved from one Supervisorial District into another because of a change in District boundaries, that member may complete the remainder of his or her term. Mayor, with the approval of the City Council, in accordance with Government Code Section 40605. (b) Term. The term of office of each member of the Planning Commission shall be four (4) years beginning on the first day of the termJanuary of office of the Supervisor from whose Supervisorial District the member is appointed and ending on the last day of such Supervisorial term; provided that the term of office of members appointed in July, 2006, from the 2nd and 4th Supervisorial Districts shall begin on the date of appointment and shall end on the last day of the term of office of the Supervisors from the 2nd and 4th Supervisorial Districts, which Supervisorial terms end in January, 2007; provided further that the term of office of the member appointed in July, 2006, from the 5th Supervisorial District shall begin on the date of appointmentan even numbered year. Three terms shall end December 31 of a year divisible by 4, and shall end on the last day of the term of office of the Supervisor from the 5th Supervisorial District, which Supervisorial term began in January, 2005; provided further that the terms of office of members appointed in June, 2005, from the 1st and 3rd Supervisorial Districtsother two terms shall end on the last dayDecember 31 of the term of office of the Supervisors from the 1st and 3rd Supervisorial Districts, which Supervisorial terms began in January, 2005next even-numbered year that is not divisible by 4. A member of the Planning Commission may continue in office after the end of the
ATTACHMENT C
Item 8.1
Mountain House Page 680 of 1663
63 term of office until a successor member has been appointed by the City Council and has taken the oath of office.
(c) Vacancies and Removal. Vacancies in the office of an appointed member of the Planning Commission shall be filled by appointment of the City Council for the unexpired term.
Any member of the Planning Commission may be removed for cause by majority vote of the City Council. The City Council shall declare a vacancy in the office of any member who is absent from three (3) consecutive regular meetings of the Planning Commission without prior notification given to the Planning Commission Chairperson. A vacancy in the office of Planning Commissioner shall occur upon the vacancy in the office of Supervisor of the Supervisorial District from which the Planning Commissioner is appointed. (d) Advisory Staff. The Community Development Director, the City Attorney, the Director of Environmental Health, and the Director of Public Works are designated as advisory staff to the Planning Commission. Each advisory staffIn lieu of personal attendance, each such officer may designateappoint one (1) deputy or assistant to attend Planning Commission meetings. (e) Officers and Rules. Annually, the Planning Commission shall elect a Chairperson and a Vice-Chairperson from among the appointed members. No appointed member shall be elected Chairperson or Vice-Chairperson for more than two (2) consecutive terms. The Director of the Community Development Department, or his or her assistant or deputy designated under subdivision (d) shall be the Secretary to the Planning Commission. The Planning Commission shall adopt rules for the transaction of its business and shall keep a record of its resolutions, transactions, and determinations. All decisions and recommendations of the Planning Commission shall be carried by the affirmative votes of not less than a majority of its total voting members. (f) Functions. The Planning Commission shall have the following functions in the administration of this Title and related regulations and policies:
(1) Prepare, periodically review, and revise, as necessary, the General Plan for the City;
(2) Consider and recommend amendments to the General Plan; (3) Investigate and make recommendations regarding reasonable and practical means for implementing the General Plan;
(4) Consider and recommend amendments to this Title;
(5) Annually review the Capital Improvement Program of the City for its conformity with the General Plan, any Specific Plans, any Special Purpose Plans, and all elements and parts of the General Plan, and provide a report concerning said Capital Improvement Plan to the City Council;
(6) Interpret the text of the General Plan as it relates to this Title; (7) Interpret the maps of the General Plan as they relate to the text of the General Plan; (8) Develop and maintain any Master Plans, Public Financing Plans, Specific Plans, or Special Purpose Plans necessary or desirable for the implementation of the General Plan; (9) Consider and recommend upon applications for Master Plans, Public Financing Plans, Specific Plans, and Special Purpose Plans;
(10) Serve as the appellate body for discretionary staff decisions; (11) Review and act upon referrals or appeals from the Floodplain Administrator; (12) Act as the advisory agency, as that term is used in the Subdivision Map Act, on Major Subdivisions;
(13) Review and act upon applications requiring public hearings; (14) Determine that there has been adequate environmental review under the provisions
ATTACHMENT C
Item 8.1
Mountain House Page 681 of 1663
64 of the California Environmental Quality Act, of all matters the Planning Commission is considering;
(15) Recommend changes to the environmental guidelines for the City; and (16) Perform such other functions as the City Council may require, including conducting studies and preparing plans other than those authorized by Title 7 of the Government Code.
(g) Compensation. Planning Commission shall be compensated in accordance with a Resolution of the City Council, if any, adopted for such purpose. 9-2-205 Director of the Community Development Department.
The Director of the Community Development Department shall have the following functions in the administration of the Title and related regulations and policies:
(a) Secretary. Serve as Secretary to the Planning Commission; (b) Advisor. Act as the advisory agency, as provided in Government Code Section 66415, for Mergers, Minor Subdivisions, and Notices of Violation; (c) Administrator. Act as chief administrative officer of the Planning and Development Services Divisions;
(d) Review Authority. Conduct the review of public projects as specified in Section 65402 of the Government Code;
(e) Environmental Review. Appoint the Environmental Review Officer; (f) Staff Review. Review and act upon all applications requiring Staff Review; and (g) Staff Review With Notice. Review and act upon all applications requiring Staff Review with Notice.
9-2-206 Community Development Department.
The Community Development Department shall have the following functions in the administration of this Title and related regulations and policies:
(a) Administer General Plan. Perform the duties required for the proper preparation and administration of the General Plan, as provided by law and ordinance; (b) Administer Master Plans and Public Financing Plans. Perform the duties required for the proper preparation and administration of Master Plans and Public Financing Plans and regulations as provided by ordinance;
(c) Administer Specific Plans. Perform the duties required for the proper preparation and administration of Specific Plans and regulations as provided by law and ordinance; (d) Administer Special Purpose Plans. Perform the duties required for the proper preparation and administration of Special Purpose Plans and regulations as provided by law and ordinance;
(e) Advise BoardCity Council and Commission. Provide administrative support and professional advice to the Planning Commission and City Council; (f) Special Studies and Surveys. Perform special studies and surveys as directed by the City Council;
(g) Publicize General Plan. Endeavor to promote public interest in, comment on, and understanding of the General Plan and regulations relating to it; (h) Consult on General Plan. Consult and advise with public officials and agencies; public utility companies; civic, educational, professional, and other organizations; and citizens concerning the preparation and implementation of the General Plan;
ATTACHMENT C
Item 8.1
Mountain House Page 682 of 1663
65 (i) Coordinate Plans and Programs. Promote the coordination of local plans and programs with the plans and programs of other public agencies; and (j) Report to BoardCity Council. Provide an annual report to the City Council on the status of the General Plan and progress in its implementation. 9-2-207 Environmental Review Officer.
The role of the Environmental Review Officer shall be as provided in this Section. (a) Appointment. The Environmental Review Officer shall be appointed by and serve at the pleasure the Director of the Community Development Department. (b) Term. The term of the appointment shall be at the discretion of, and subject to the termination by, the Director of the Community Development Department. (c) Functions. The Environmental Review Officer shall have the following functions in the administration of this Title and related regulations and policies:
(1) Be responsible for the preliminary screening of projects to determine which are exempt from and which are subject to the requirements of the California Environmental Quality Act;
(2) Conduct Initial Studies and hold meetings, when necessary, to make determinations as to whether a Notice of Exemption will be issued, a Negative Declaration prepared, or an Environmental Impact Report required for a project; (3) Prepare Negative Declarations on projects that will have no significant effect on the environment; and
(4) Prepare and maintain guidelines for the implementation of the California Environmental Quality Act by the City of Mountain House. 9-2-208 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 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 9-1-304) for consistency with the design policies and requirements of County City-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.
CHAPTER 3. STAFF REVIEW PROCEDURE
9-2-301 Intent.
The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Staff Review Procedure.
ATTACHMENT C
Item 8.1
Mountain House Page 683 of 1663
66 9-2-302 General Process.
The Director shall review all applications to determine their consistency with established policies and standards. The review shall be of an administrative, nondiscretionary nature. The Director shall approve or deny the application based on the results of that review. 9-2-303 Application Filing Requirements.
An application shall be filed with the Community Development Department on forms provided by that Department.
Applications shall, at a minimum, contain the following:
(a) Name and Address. The name, address, and signature of the applicant and, for privately initiated applications, the name, address, and signature of the property owner; (b) Other Documents. Other documents, drawings, and plans as required by the Director; and
(c) Fee. A fee, as provided by resolution of the City Council. 9-2-304 Completeness of Applications.
Completeness of applications shall be determined pursuant to this Section. (a) Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete. (b) Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:
(1) The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application; (2) The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);
(3) Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and (4) If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.
(c) Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.
(1) A final written determination on the appeal shall be made no later than sixty (60) calendar days after receipt of the applicant’s written appeal; (2) If the final written determination on the appeal is not made within the sixty (60) day period noted in Subsection (c)(1), the application with the submitted materials shall be deemed complete.
ATTACHMENT C
Item 8.1
Mountain House Page 684 of 1663
67 9-2-305 Concurrent Processing of Applications.
If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.
9-2-306 Notification.
Notification is not required to be given for actions taken pursuant to this Chapter. 9-2-307 Action by Director.
The Director shall approve or deny the application based upon its consistency with established policies and standards.
9-2-308 Effective Date of Action.
Action on any application, unless otherwise specified, shall be effective immediately. 9-2-309 Appeals.
An action pursuant to this Chapter may not be appealed. 9-2-310 Time Limit on Approvals.
Unless otherwise specified, approved applications shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:
(a) Standard Requirements. A standard requirement of approval has not been complied with;
(b) Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; or (c) Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.
9-2-311 Violation of Permits.
Violation of permits approved under the provisions of this Chapter shall be subject to the enforcement procedures beginning with Section 9-1900in Division 19 of this Title. 9-2-312 Nonacceptance of Applications.
An application submitted under the Staff Review Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.
CHAPTER 4. STAFF REVIEW WITH NOTICE PROCEDURE
9-2-401 Intent.
The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Staff Review With Notice Procedure. 9-2-402 General Process.
Notification shall be made as provided in this Chapter. The Director shall review the
ATTACHMENT C
Item 8.1
Mountain House Page 685 of 1663
68 application to determine its consistency with established policies, standards, and required findings.
The Director shall approve, conditionally approve, or deny the application based on the results of that review.
9-2-403 Preapplication Conference.
At the discretion of the Director, a preapplication conference may be required. The purpose of such a conference shall be to insure that the applicant is aware of issues and requirements related to the project. Other departments and public agencies may be invited to attend a preapplication conference. When a preapplication conference is required by the Director, no application may be accepted until the conference is considered complete by the Director. 9-2-404 Application Filing Requirements.
Applications shall be filed with the Community Development Department on forms provided by that Department and shall, at a minimum, contain the following:
(a) Name and Address. The name, address, and signature of the applicant and, for privately initiated applications, the name, address, and signature of the property owner; (b) Other Documents. Other documents, drawings, and plans as required by the Director; and
(c) Fee. A fee, as provided by resolution of the City Council. 9-2-405 Completeness of Applications.
The completeness of applications shall be determined pursuant to this Section. (a) Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete. (b) Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:
(1) The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application; (2) The applicant shall submit materials to the Director in response to the list and description specified in Subsection (b)(1);
(3) Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and (4) If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.
(c) Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.
ATTACHMENT C
Item 8.1
Mountain House Page 686 of 1663
69 (1) A final written determination on the appeal shall be made not later than sixty (60) calendar days after receipt of the applicant’s written appeal; (2) If the final written determination on the appeal is not made within the sixty (60) day period noted in Subsection (c)(1), the application with the submitted materials shall be deemed complete.
9-2-406 Concurrent Processing of Applications.
If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.
9-2-407 Supplemental Guidelines, Standards, and Criteria.
In addition to the standards and findings set forth in this Title, the Community Development Department may prepare supplemental guidelines for the submission of applications and minimum standards and criteria for approval of applications. 9-2-408 Notification.
Notification of applications shall be given in accordance with the provisions of this Section.
(a) Owner. Notice of the application shall be mailed to the owner of the subject real property, or the owner’s duly authorized agent, and to the project applicant. (b) Local Agencies. Notice of the application shall be mailed to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project.
(c) Other Landowners. Depending on the General Plan designation of the property involved, a notice of the application shall be mailed to all owners of real property as shown on the latest tax rolls, as follows:
(1) In agricultural and conservation areas, all owners of property within fourteen hundred (1,400) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need be notified, provided all owners within three hundred (300) feet are notified;
(2) In rural residential and very low density residential areas, all owners of property within seven hundred (700) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need be notified, provided all owners within three hundred (300) feet are notified; and
(3) In all other areas, all property owners within three hundred and fifty (350) feet of the perimeter of the property.
(d) Large Numbers of Landowners. In the event the number of owners to whom notice would be sent pursuant to Subsection (c) is greater than one thousand (1,000), alternative notice may be given in the form of a one-eighth (⅛) page or larger display advertisement placed in a newspaper of general circulation in the affected area.
(e) Interested Parties. Notice of the application shall be mailed to any person who has filed a written request for notice with the Community Development Department. (f) State Law. Additional notification shall be given as required by state law. (g) Additional. Additional notification may be given as deemed necessary by the
ATTACHMENT C
Item 8.1
Mountain House Page 687 of 1663
70 Director.
(h) Mailing. Notice of the application shall be given by United States Mail and shall be mailed at least ten (10) calendar days prior to any action on the application. (i) Notice on Site. Applicant shall be required to post a copy of the development proposal on a 4' x 8' sign board posted on the subject site of the application. The notice shall include detail of the proposed development. Said notice shall be posted on the subject site for a minimum of 30 days prior to the final determination of the City. 9-2-409 Action by Director.
The Director shall decide to rule on the application or refer the application to the Planning Commission based on the response from notifications, the importance of the issue in carrying out the General Plan, the cumulative effect of similar applications, policy guidance previously received from the Planning Commission or City Council, and the possibility that the decision may set a precedent for future decisions. If the Director does not refer the application to the Planning Commission, he or she shall approve, conditionally approve, or deny the application. 9-2-410 Action by Planning Commission.
The Planning Commission shall hold a hearing on any application referred to it pursuant to Section 9-2-409. Notice of the hearing shall be provided to those parties listed in Section 9-2-408.
An applicant, an applicant’s representative, or any interested party may make a presentation about the application.
9-2-411 Effective Date of Action.
Action on any application, unless otherwise specified, shall be effective upon expiration of the appeal period.
9-2-412 Appeals.
An action pursuant to this Chapter may be appealed in accordance with the provisions of this Section.
(a) Appeal Period. Unless otherwise specified, appeals shall be filed within ten (10) days of the date of action, and if filed, shall stay any further action on the permit until finally resolved. If the end of the appeal period falls on a nonbusiness day, the appeal period shall be extended to include the next business day.
(b) Who May Appeal. Appeals may be filed only by one of the following:
(1) The applicant or the applicant’s representative;
(2) A person who may be adversely affected by the decision or who has participated in the review process by submitting written or oral testimony on the application or by attending a public hearing on the application; or
(3) A person who was prevented from participating in the review by circumstances beyond his or her control.
(c) Appeal Bodies. Unless otherwise specified by law, decisions made by the Director pursuant to this Chapter may be appealed to the Planning Commission. Planning Commission decisions may be appealed to the City Council.
(d) Contents of Appeal. All appeals shall be filed with the Community Development Department on forms provided by that Department. The appeal shall include, at a minimum, the following:
ATTACHMENT C
Item 8.1
Mountain House Page 688 of 1663
71 (1) A written statement specifying the basis of the appeal by citing the specific abuse of discretion by the Review Authority; and
(2) A fee, as specified by resolution of the City Council. (e) Scope of Appeal. The appeal body shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relative to the application and may confirm, reverse, or modify the appealed action based upon its interpretation of the findings required and the evidence submitted.
9-2-413 Review by the City Council.
The City Council may call up for review any decision of the Planning Commission or Planning Director made pursuant to this Chapter. The decision to call up for review shall occur prior to the effective date of the action and shall follow the same procedures as an appealed decision.
9-2-414 Time Limit on Approvals.
Unless otherwise specified, approved applications shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:
(a) Requirements or Conditions. A standard requirement or condition of approval has not been complied with;
(b) Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; or (c) Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.
9-2-415 One Year Wait on Denials.
No application may be accepted if a similar application has been finally denied during the immediately preceding one (1) year period. For the purposes of this Section, “similar application” shall mean an application under the same regulation applicable to the same property. This Section shall not apply to applications denied without prejudice, which can be resubmitted within one (1) year upon payment of a fee as set forth by resolution of the City Council. 9-2-416 Alteration of Permits.
A permit approved under the provisions of this Chapter may be altered pursuant to Chapter 6 of Division 2.
9-2-417 Revocation of Permits.
A permit approved under the provisions of this Chapter may be revoked pursuant to Chapter 7 of Division 2.
9-2-418 Nonacceptance of Applications.
An application submitted under the Staff Review With Notice Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.
ATTACHMENT C
Item 8.1
Mountain House Page 689 of 1663
72 CHAPTER 5. PUBLIC HEARING REVIEW PROCEDURE
9-2-501 Intent.
The intent of this Chapter is to specify the procedure to be followed for those applications requiring the use of the Public Hearing Review Procedure. 9-2-502 General Provisions.
The following general provisions shall apply to the Public Hearing Review Procedure:
(a) Planning Commission Review. The Planning Commission shall conduct a public hearing with notification for the purpose of receiving oral and written evidence relative to the application. This evidence shall be reviewed to determine if the application is consistent with existing policies, standards, and required findings. The Planning Commission shall approve, conditionally approve, recommend approval, or deny the application based on the results of this review.
(b) Minimum Requirements. The requirements specified herein are considered minimum and may be expanded or modified by specific application requirements. 9-2-503 Preapplication Conference.
At the discretion of the Director, a preapplication conference may be required. The purpose of such a conference shall be to insure that the applicant is aware of issues and requirements related to the project. Other departments and public agencies may be invited to attend a preapplication conference. When a preapplication conference is required by the Director, no application may be accepted until the conference is considered complete by the Director. 9-2-504 Application Filing Requirements.
Applications shall be filed with the Community Development Department on forms provided by that Department and shall, at a minimum, contain the following:
(a) Name and Address. The name, address, and signature of the applicant and, for privately initiated, property-specific applications, the name, address, and signature of the property owner;
(b) Other Documents. Other documents, drawings, and plans as required by the Director; and
(c) Fee. A fee, as provided by resolution of the City Council. 9-2-505 Completeness of Applications.
Completeness of applications shall be determined as follows:
(a) Initial Determination. Within thirty (30) calendar days after an application has been received, the Director shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within thirty (30) days after receipt of the application, the application shall be deemed complete. (b) Procedure if Not Complete. If the application is determined not to be complete, the following procedure shall be followed:
(1) The Director shall specify in writing those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application; (2) The applicant shall submit materials to the Director in response to the list and
ATTACHMENT C
Item 8.1
Mountain House Page 690 of 1663
73 description specified in Subsection (b)(1);
(3) Within thirty (30) calendar days after receipt of the submitted materials, the Director shall determine in writing whether they are complete and shall immediately transmit that determination to the applicant. If the written determination is not made within the thirty (30) day period, the application together with the submitted material shall be deemed complete; and (4) If the applicant has not submitted all required materials to the Director within thirty (30) calendar days after the written determination that the application is not complete has been transmitted to the applicant, the application shall be considered withdrawn. The Director may extend the thirty (30) day period if he or she determines that the applicant is diligently attempting to provide all required materials.
(c) Appeal Procedure for Applications Deemed Not Complete. If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision to the Planning Commission in accordance with the appeal procedure specified in Section 9-2-511.
(1) A final written determination on the appeal shall be made not later than sixty (60) calendar days after receipt of the applicant’s written appeal; (2) If the final written determination on the appeal is not made within the sixty (60) day period noted in subsection (c)(1), the application with the submitted materials shall be deemed complete.
9-2-506 Concurrent Processing of Applications.
If a proposed project requires more than one (1) application under the provisions of this Title, the applications may be filed at the same time and processed concurrently. If more than one Review Authority is involved, the Director shall determine the sequence for action by the Review Authorities.
9-2-507 Supplemental Guidelines, Standards, and Criteria.
In addition to the standards and findings set forth in this Title, the Community Development Department may prepare supplemental guidelines for the submission of applications and minimum standards and criteria for approval of applications. 9-2-508 Notification.
Notification shall be given in accordance with the provisions of this Section. (a) Owner. For property-specific applications only, notice of the hearing shall be mailed to the owner of the subject real property or the owner’s duly authorized agent and to the project applicant.
(b) Local Agencies. For property-specific applications only, notice of the hearing shall be mailed to each local agency expected to provide water, sewage disposal, streets, roads, schools, parks, or other essential facilities or services to the project. (c) Other Landowners. Depending on the General Plan designation of the property involved, a notice of the hearing, for property-specific applications only, shall be mailed to all owners of real property as shown on the latest tax rolls, as follows:
(1) In agricultural and conservation areas, and in freeway service and industrial areas outside of communities, all owners of property within fourteen hundred (1,400) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need to be notified, provided all owners within three hundred (300) feet are notified;
ATTACHMENT C
Item 8.1
Mountain House Page 691 of 1663
74 (2) In rural residential and very low density residential areas, all owners of property within seven hundred (700) feet of the perimeter of the property. However, property owners of no more than five (5) parcels in any direction need to be notified, provided all owners within three hundred (300) feet are notified; and
(3) In all other areas, all property owners within three hundred fifty (350) feet of the perimeter of the property.
(d) Large Numbers of Landowners. In the event the number of owners to whom notice would be sent pursuant to Subsection (c) is greater than one thousand (1,000), alternative notice may be given in the form of a one-eighth (⅛) page or larger display advertisement placed in a newspaper of general circulation in the affected area.
(e) Interested Parties. Notice of the hearing shall be mailed to any person who has filed a written request for notice with the Community Development Department. (f) State Law. Additional notification shall be given as required by State law. (g) Additional. Additional notification may be given as deemed necessary by the Director.
(h) Mailing. Notice of the hearing shall be sent by United States Mail at least ten (10) calendar days prior to any public hearing or final action on an application. (i) Notice on Site. Applicant shall be required to post a copy of the development proposal on a 4' x 8' sign board posted on the subject site of the application. The notice shall include detail of the proposed development. Said notice shall be posted on the subject site for a minimum of 30 days prior to the final determination of the City. 9-2-509 Action by Planning Commission.
The Planning Commission shall hold a public hearing on the application. An applicant, an applicant’s representative, or any interested party may make a presentation on the application. 9-2-510 Effective Date of Action.
Action on any application, unless otherwise specified, shall be effective upon expiration of the appeal period.
9-2-511 Appeals.
An action pursuant to this Chapter may be appealed in accordance with the provisions of this Section.
(a) Appeal Period. Unless otherwise specified, appeals shall be filed within ten (10) days of the date of action, and if filed, shall stay any further action on the permit until final resolution of the appeal. If the end of the appeal period falls on a nonbusiness day, the appeal period shall be extended to include the next business day. (b) Who Can Appeal. Appeals may be filed only by one of the following:
(1) The applicant or the applicant’s representative;
(2) A person who may be adversely affected by the decision or who has participated in the review process by submitting written or oral testimony on the application or by attending a public hearing on the application; or
(3) A person who was prevented from participating in the review by circumstances beyond his or her control.
(c) Appeal Body. Unless otherwise specified by law, appeals of decisions made
ATTACHMENT C
Item 8.1
Mountain House Page 692 of 1663
75 pursuant to this Chapter may be appealed to the City Council. (d) Contents of Appeal. All appeals shall be filed with the Community Development Department on forms provided by that Department. The appeal shall include, at a minimum, the following:
(1) A written statement specifying the basis of the appeal by citing the specific abuse of discretion by the Review Authority; and
(2) A fee, as specified by resolution of the City Council. (e) Scope of Appeal. The appeal body shall consider only those items cited in the appeal. In its deliberation, it may use the record and any additional evidence relative to the application and may confirm, reverse, or modify the appealed action based upon its interpretation of the findings required and the evidence submitted.
(f) Final Decision. The decision of the City Council on an appeal from the Planning Commission shall be effective immediately.
9-2-512 Review by the City Council.
(a) The City Council may call up for review any decision of the Planning Commission made pursuant to this Chapter.
(b) The decision to call up for review shall occur prior to the effective date of the action and shall follow the same procedures as an appealed decision. 9-2-513 Time Limit on Approvals.
Unless otherwise specified, approved applications for nonlegislative actions shall lapse and become void eighteen (18) months after the effective date of approval if any of the following occur:
(a) Requirements or Conditions. A standard requirement or condition of approval has not been complied with;
(b) Building-Related Permits. A required building, electrical, plumbing, or mechanical permit that has been secured has lapsed and become void; and (c) Other Permits. A required permit that has been secured from any other public agency has lapsed and become void.
9-2-514 One Year Wait on Denials.
No application may be accepted if a similar application has been finally denied during the immediately preceding one (1) year period. For the purposes of this Section, “similar application” shall mean an application under the same regulation applicable to the same property. This Section shall not apply to applications denied without prejudice, which may be refiled within one (1) year upon payment of a fee as set forth by resolution of the City Council. 9-2-515 Alteration of Permits.
A permit approved under the provisions of this Chapter may be altered pursuant to Chapter 6 of Division 2.
9-2-516 Revocation of Permits.
A permit approved under the provisions of this Chapter may be revoked pursuant to Chapter 7 of Division 2.
ATTACHMENT C
Item 8.1
Mountain House Page 693 of 1663
76 9-2-517 Nonacceptance of Applications.
An application submitted under the Public Hearing Review Procedure by an applicant may not be accepted for processing unless the applicant has fully paid for the cost of any outstanding payments due to the Community Development Department by the applicant.
CHAPTER 6. ALTERATION PROCEDURE
9-2-601 Intent.
The intent of this Chapter is to provide a process for the alteration of any permit granted under this Title. The revocation or modification of a permit for cause shall comply with the provisions of Section 9-2-701Chapter 7 of Division 2 of this Title. 9-2-602 Application for Alteration of a Permit.
Any person holding a permit granted under this Title may apply for an alteration by following the same procedure required for the initial application for the permit. For the purpose of this Section, the alteration of a permit may include modification of the terms of the permit itself or the waiver or alteration of conditions imposed incidentally to the granting of the permit.
CHAPTER 7. REVOCATION PROCEDURE
9-2-701 Intent.
The intent of this Chapter is to provide a process whereby the City can take action to revoke or modify, for cause, any development approval granted under this Title. A change to a development approval requested by the permit holder shall be processed pursuant to Chapter 6 of Division 2, Alteration Procedure.
9-2-702 Automatic Revocation.
A development approval that has been granted or modified subject to one (1) or more conditions, shall cease to be valid, and all rights or privileges that were granted shall lapse, even if other provisions in the Title are to the contrary, if any final judgment of a court of competent jurisdiction declares that one (1) or more of the conditions are void or ineffective, or if the enforcement or operation of one (1) or more of the conditions are enjoined or otherwise prohibited. 9-2-703 Initiation of Action.
Actions to revoke or modify development approvals may be initiated as follows:
(a) By Planning Commission. The Planning Commission may initiate an action to revoke or modify any development approval which it has granted, extended, or modified; (b) By City Council. The City Council may initiate an action to revoke or modify any development approval. Action by the Planning Commission shall not be a prerequisite to action by the City Council.
9-2-704 Grounds for Revocation or Modification.
A development approval may be revoked or modified pursuant to the provisions of this Chapter upon a finding of any one (1) or more of the following grounds:
(a) Fraud. That such development approval was obtained or extended by fraud; (b) Violation of Condition. That one (1) or more of the conditions upon which such
ATTACHMENT C
Item 8.1
Mountain House Page 694 of 1663
77 development approval was granted have been violated; or (c) Adverse Impacts. That the use or facility for which the development approval was granted is so conducted or maintained as to be detrimental to the public health or safety, or as to be a public nuisance.
9-2-705 Public Hearing Required.
All actions to reduce or modify development approvals initiated under the provisions of this Chapter shall be conducted pursuant to the Public Hearing Review Procedure set forth in Chapter 5 of Division 2.
9-2-706 Action by Planning Commission or BoardCity Council.
Upon the conclusion of the public hearing, the Planning Commission or City Council may, on the basis of the evidence presented at the hearing, make a finding on any one or more of the grounds listed in Section 9-2-704 and take action to revoke or modify the development application.
Decisions of the Planning Commission shall be final unless appealed to the City Council pursuant to Chapter 5 of Division 2. Decisions of the City Council shall be final. 9-2-707 Cumulative Rights.
The CountyCity’s right to revoke a development approval, as provided by this Chapter, shall be cumulative to any other remedy allowed by law.
CHAPTER 8. NONCONFORMITY PROVISIONS
9-2-801 Intent.
The intent of this Chapter is to regulate structures and uses which were legal when brought into existence, but which no longer comply with the provisions of this Title. The additional intent of this Chapter is to permit those nonconformities to continue until they are removed or required to be terminated, but not to encourage their continuance.
9-2-802 Finding of Incompatibility.
Nonconforming uses and structures are declared to be incompatible with permitted uses, structures, and standards in the zones involved. They shall not be enlarged upon, expanded, extended, or replaced, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same zone, except as expressly permitted in this Chapter. 9-2-803 Nonconforming Use.
A nonconforming use shall be subject to the provisions of this Section. (a) Continuation. A nonconforming use may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1) If the nonconforming use is not conducted within a structure but on land only, such use shall not be enlarged, increased, or extended to occupy a greater area of land than was occupied on the effective date of this Chapter;
(2) If the nonconforming use is conducted wholly or partially within a structure, the structure devoted to the nonconforming use may be enlarged, extended, or remodeled, subject to Site Approval; and
(3) If the nonconforming use is superseded by a conforming use, or if the
ATTACHMENT C
Item 8.1
Mountain House Page 695 of 1663
78 nonconforming use ceases for any reason for a period of more than twelve (12) consecutive calendar months, any subsequent use shall conform to the requirements of this Title for the zone in which it is located and the nonconforming use may not thereafter be resumed. (b) Adding New Uses. When a nonconforming use exists on any lot, no new use shall be established or built on such lot unless the new use conforms to the requirements of this Title for the zone in which the lot is located.
(c) Change to Another Nonconforming Use. A nonconforming use not conducted within a structure but on land only, shall not be changed to another nonconforming use. A nonconforming use conducted at least partially within a structure may be changed to another nonconforming use within said structure, subject to the following:
(1) If the nonconforming use is changed to another use classified within the same use type and the Director determines that additional off-street parking and loading space is not needed by said change, no development application shall be required. (2) A Site Approval pursuant to the procedures set forth in Chapter 9 of Division 8 shall be required for all changes other than those described in Subsection (c)(1) above. (3) A change shall be allowed only if the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing nonconforming use. In permitting such change, the Review Authority may require conditions and safeguards and an amortization period for the new use.
(4) When a nonconforming use is replaced by a less detrimental nonconforming use, the occupancy may not thereafter revert to a more detrimental use. (d) Replacement of a Structure Occupied by a Nonconforming Use. A building or structure occupied by a nonconforming use which is damaged or destroyed by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, may be restored, and the occupancy or use of such building, structure, or part thereof to the extent that it existed at the time of such damage or destruction, may be continued or resumed, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards. 9-2-804 Nonconforming Structure.
A nonconforming structure shall be subject to the provisions of this Section. (a) Continuation. A nonconforming structure may be continued as long as it remains otherwise lawful, subject to the following provisions:
(1) Such structure may be remodeled or repaired, provided such action does not increase its nonconformity;
(2) Such structure may be added to or enlarged within the yard setback area provided such additions do not increase such nonconformity and provided the expansion does not increase the linear measurement of the portion of the building within the setback area by more than one hundred percent (100%). Expansions greater than one hundred percent (100%) require an approved Site Approval;
(3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the reg zone in which it is located. (b) Adding New Structures. When a nonconforming structure exists on any lot, no new structure shall be established or built on such land unless the new structure conforms to the requirements of this Title for the zone in which the lot is located. (c) Replacement of Nonconforming Structure. Should a nonconforming structure be
ATTACHMENT C
Item 8.1
Mountain House Page 696 of 1663
79 destroyed or damaged by fire, flood, wind, earthquake, or other calamity or natural disaster or the public enemy, it may be restored to the extent to which it existed at the time of the damage or destruction, provided that such restoration is started within a period of one (1) year and is diligently pursued to completion. All restored structures must meet the requirements of Chapter 2 of Division 16, Flood Hazards.
9-2-805 Historic Buildings, Structures, or Sites.
Notwithstanding any other provision of this Chapter, a building, structure, or site which is listed on the National Register of Historic Places or is registered as a State Historical Landmark or Point of Historical Interest shall be allowed to continue to exist and be repaired, restored, or reconstructed as long as it complies with federal and state regulations and statutes regarding historic buildings, structures, or sites.
9-2-806 Repairs Necessary to Protect Health and Safety.
Nothing in this Chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any CountyCity or State official charged with protecting the public health or safety, upon order of such official. 9-2-807 Requirements for Obtaining Status as a Nonconforming Use.
A use that was established without obtaining required permits shall be deemed a nonconforming use only if all of the following conditions are satisfied:
(a) Ordinance Requirements. The use shall comply with all applicable ordinance requirements that would have been required at the time the use was established. (1) The CountyCity shall consider such ordinance requirements as minimum requirements.
(2) If the City determines that said ordinance requirements are not adequate to protect public health, safety, and welfare, the City may impose additional requirements for this purpose as specified in this Title.
(b) Permits. The following permits shall be required:
(1) A Site Approval or other discretionary application shall be required for the use. (2) Other permits that normally would have been required at the time the use was established shall be obtained.
CHAPTER 9. FEES
9-2-901 Intent.
The intent of this Chapter is to establish fees necessary to offset the City’s cost to administer applications required by this Title.
9-2-902 Fee Schedule.
The City Council shall, by Resolution, adopt a fee schedule for the development applications required by this Title.
9-2-903 Public Agencies.
Fees shall be required, pursuant to this Chapter, of a municipal corporation, the State of California, political subdivisions of the State of California, or the United States of America.
ATTACHMENT C
Item 8.1
Mountain House Page 697 of 1663
80 9-2-904 Refunds.
All fees shall be nonrefundable except:
(a) Lack of Jurisdiction. Where the City does not have jurisdiction to act on an application, a one hundred percent (100%) refund shall be given; or (b) Lack ofBefore Public Notification. Where notification of the project is required and such notification has not yet been served, the City may give a refund, not to exceed fifty percent (50%), may be given.
9-2-905 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. 9-2-906 Notice of Preparation.
The fee required for a Notice of Preparation shall be deducted from the Environmental Impact Report Fee.
9-2-907 Schedule of Payments.
The fee required for a Specific Plan, Environmental Impact Report, or Monitoring and Reporting Plan may be paid by means of a schedule of payments agreed to by the Director and the applicant.
9-2-908 Enforcement Actions.
In addition to the fees specified in this code, the following penalty fees shall be required for projects subject to enforcement proceedings:
(a) Whenever an application is made to correct a violation where a citation has been issued, or two (2) weeks notice has been given, the cost of the application shall be two (2) times the application fee normally charged for the application, up to a maximum of five hundred dollars ($500) over the application fee normally charged.
(b) Whenever a change of use or occupancy occurs within eighteen (18) months of its approval, and subsequent approval(s) as required by this Code have not been obtained, fees shall be nine (9) times the application fee(s) normally required to bring the use or occupancy into compliance with this Code.
9-2-909 Concurrent Applications.
Whenever more than one (1) legislative application type is required for a single project and the applications are processed concurrently, the total fee shall be the sum of the most expensive project application type plus one-half (½) the required fee(s) for any remaining project application type(s).
9-2-910 Time and Materials Fees.
At the discretion of the Director of Community Development Department or Director of Public Works, the fee for a project application may be based on the actual CountyCity cost of processing the application. The decision to use actual cost of processing shall be based on the extraordinary amount of staff time estimated to process the application. The decision must be made within thirty (30) business days after the application is declared complete. Actual cost shall include employee salaries and benefits, overhead, and materials.
ATTACHMENT C
Item 8.1
Mountain House Page 698 of 1663
81 9-2-911 Fees for Specialists.
The CountyCity may use professional services as follows:
(a) When special expertise is required,
(b) To relieve workload peaks,
(c) At the request of an applicant, or
(d) For any other reason deemed appropriate by the Director.
The consultant shall be selected by the Director with the applicant being responsible for the cost of the professional services plus an administrative fee as set by resolution by the City Council. 9-2-912 Reinitiation of Withdrawn Applications.
At the discretion of the Director, an application that has been withdrawn may be reinitiated with no fee requirements if the following requirements are met:
(a) Substantially Same. The new application is substantially the same as the withdrawn application;
(b) Processing. Processing of the new application will generally proceed from the point the withdrawn application stopped;
(c) Elapsed Time. Less than eighteen (18) months have elapsed since the application was withdrawn; and
(d) Consistency. The application is consistent with current provisions of this Title. 9-2-913 Requests for Nonconforming Status.
The application processing fee for any permit required to enable an existing use to become a nonconforming use shall be the fee in effect at the time the application is filed plus fifteen percent (15%) of said fee.
CHAPTER 10. REASONABLE ACCOMMODATION
9-2-1001 Intent.
The intent of this Chapter is to provide a procedure for individuals with disabilities to request reasonable accommodation in seeking equal access to housing under the federal Fair Housing Act and the California Fair Employment and Housing Act (Acts) in the application of zoning laws and other land use regulations, policies, and procedures. 9-2-1002 Applicability.
The following shall apply to any request for a reasonable accommodation:
(a) A request for reasonable accommodation may be made by any person with a disability or their representative, when the application of a requirement of this Title or other CountyCity requirement, policy, or practice acts as a barrier to fair housing opportunities. For the purposes of this Chapter, a “person with a disability” is any person who has a physical or mental impairment that limits or substantially limits one (1) or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This Chapter is intended to apply to those persons who are defined as disabled under the Acts. (b) A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and pr person with a disability equal opportunity to housing of his or her choice.
ATTACHMENT C
Item 8.1
Mountain House Page 699 of 1663
82 (c) A reasonable accommodation is granted only to the household that needs the accommodation and does not apply to successors in interest to the site. (d) A reasonable accommodation may be granted in compliance with this Chapter without the need for the approval of a deviation or a variance. 9-2-1003 Procedure.
(a) A request for reasonable accommodation shall be submitted on an application form provided by the Community Development Department or in the form of a letter to the Director of the Community Development Department, and shall contain the following information:
(1) The applicant’s name, address, and telephone number; (2) Address and/or APN of the property for which the request is being made; (3) The current use of the property;
(4) The basis for the claim that the individual is considered disabled under the Acts, including verification of such claim;
(5) The Development Title provision, regulation, or policy from which reasonable accommodation is being requested; and
(6) Why the reasonable accommodation is necessary to make the specific property accessible to the individual.
(b) If the project for which the request for reasonable accommodation is being made requires some other discretionary approval (including use permit, design review, etc.), then the applicant shall file the information required by subsection (a) of this section for concurrent review with the application for discretionary approval.
(c) A request for reasonable accommodation shall be reviewed by the Director of the Community Development Department (Director) or his/her designee, if no approval is sought other than the request for reasonable accommodation or for applications that do not require a public hearing review. The Director or his/her designee shall make a written determination within forty-five (45) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation. (d) A request for reasonable accommodation submitted for concurrent review with a discretionary land use application that requires a public hearing review shall be reviewed by the Planning Commission. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the Planning Commission in compliance with the applicable review procedure for the discretionary review. 9-2-1004 Findings.
The written decision to grant or deny a request for reasonable accommodation will be consistent with the Acts and shall be based on consideration of the following factors:
(a) The housing in the request will be used by a person with a disability under the Acts; (b) The request for reasonable accommodation is necessary to make specific housing available to a person with a disability under the Acts; (c) The requested reasonable accommodation would not impose an undue financial, administrative, enforcement, or health and safety burden on the City; (d) The requested reasonable accommodation would not conflict with the nature of a CountyCity program or law, including, but not limited to, land use and zoning; (e) The impact on surrounding uses;
(f) The physical attributes of the property and structures; and
ATTACHMENT C
Item 8.1
Mountain House Page 700 of 1663
83 (g) Any other reasonable accommodations that may provide an equivalent level of benefit.
9-2-1005 Conditions of Approval.
In granting a request for reasonable accommodation, the Director or his/her designee, or the Planning Commission, as the case may be, may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall, also, state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site. 9-2-1006 Appeals.
An action pursuant to this Chapter may be appealed in accordance with the provisions stated in Section 9-2-511 Appeals of Staff Review With Notice or Section 9-2-412 Appeals of Public Hearing Review.
DIVISION 3. RESIDENTIAL ZONES
CHAPTER 1. RESIDENTIAL ZONES: INTENT AND ORGANIZATION
9-3-101 Title and Intent.
Division 3 constitutes the residential zones. The intent of this Division is to prescribe use, lot, and structure regulations for residential zones within the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the residential zones are as follows:
(a) R-VL Zone. The Very Low Density Residential (R-VL) Zone is intended as a transition from rural to urban areas allowing for detached, single-family dwellings on large lots located in areas with existing large lot development, within communities around sensitive natural resources, or on the urban fringes. This zone is intended to implement the Very Low Density Residential land-use category of the General Plan.
(b) R-L Zone. The Low Density Residential (R-L) Zone is intended to provide for neighborhoods consisting of detached, single-family residences, located within or immediately adjacent to population centers which are served by a public water supply, sanitary sewer system, and similar facilities and services. This zone is intended to implement the Low Density Residential land-use category of the General Plan.
(c) R-M Zone. The Medium Density Residential (R-M) Zone is intended to accommodate detached single-family dwelling units, mobile homes, and attached units including duplexes, triplexes, and fourplexes in neighborhoods most appropriately situated as buffers between less and more intensively developed residential areas or as transitions from residential to commercial areas. The zone is intended to implement the Medium Density Residential land-use category of the General Plan.
(d) R-MH Zone. The Medium-High Density Residential (R-MH) Zone is intended to allow for attached housing units such as townhouses and garden apartments in central portions of urban communities, along major transportation routes, and around major commercial areas. This zone is intended to implement the Medium-High Density Residential land-use category of the General Plan.
(e) R-H Zone. The High Density Residential (R-H) Zone is intended to encompass
ATTACHMENT C
Item 8.1
Mountain House Page 701 of 1663
84 housing such as apartments, condominiums, and other multifamily housing units, located near central business districts, major commercial areas, and major transportation routes, where hotels and motels may also be appropriate. This zone is intended to implement the High Density Residential land-use category of the General Plan.
CHAPTER 2. RESIDENTIAL ZONES: USE REGULATIONS
9-3-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed in the residential zones, consistent with the policies and principles of the General Plan. 9-3-202 Permitted Use Types.
Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-305.29-3-2.1.
9-3-202.5 Expansion of Uses and Structures.
Uses or structures that require discretionary review, may be expanded with an Improvement Plan, provided the following conditions are met:
(a) The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and (b) The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and
(c) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and
(d) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-3-2.1. 9-3-203 Accessory Uses and Structures.
Permitted, not permitted, and conditionally permitted accessory uses and structures shall be as provided in Table 9-3-2.1. Accessory uses or structures not specifically listed in Table 9-3-2.2 may be permitted with an Improvement Plan, provided:
(a) The proposed accessory use or structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing principal use type; and (b) The proposed accessory use or structure involves less than a ten percent (10%) increase in the overall site area covered by the existing use type; and (c) The proposed accessory use or structure, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and (d) The proposed accessory use or structure will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the accessory use or structure shall be the same as the level of review required for the primary use or structure.
ATTACHMENT C
Item 8.1
Mountain House Page 702 of 1663
85 9-3-204 Reserved.
9-3-205 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-3-2.3. Temporary uses or structures not specifically listed in Table 9-3-2.3 may be allowed, subject to approval of an Improvement Plan. 9-3-206 Special Use Regulations.
In addition to the provisions of Section 9-305.29-3-201 through Section 9-305.59-3-205, the following Special Use Regulations shall apply to those uses or use types specified below:
(a) Accessory Dwelling Units. An accessory dwelling unit and a junior accessory dwelling unit are permitted, subject to the provisions of Chapter 1413 of Division 8, Section 9-8-1401.
(b) Education Animal Project. In the Rural Residential (R-R) and Very Low Density Residential (R-VL) zones, the number of animals that may be raised for an educational animal project shall not exceed the number permitted under the Family Food Production Use Type, as specified in Section 9-1045Chapter 10 of Division 10, and shall not include the raising of swine. (c) Trucks in Residential Zones. No truck exceeding eleven thousand (11,000) pounds gross vehicle weight rating (GVWR), as defined in the California Vehicle Code, shall be parked or stored on private property in any area zoned for residential use and containing a primary dwelling unit.
(d) Parking. The Automotive Sales and Services-Parking Use Type may be permitted in Low Density Residential (R-L), Medium Density Residential (R-M), Medium-High Density Residential (R-MH) and High Density Residential (R-H) zones if adjacent to a commercial or industrial zone with an approved Use Permit.
(e) A maximum of eight (8) special outdoor events may be permitted with an approved site approval application in the Low Density Residential (R-L) and Medium Density Residential (R-M) zones.
(f) Religious Assembly. Regional uses shall have a minimum parcel size requirement of ten (10) acres.
(g) Permit Type Required for Change in Existing Use. Any change in an existing use to a new use which requires either a Use Permit, a Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use.
(h) Public Display of Fireworks. An Improvement Plan shall be required for all public displays of fireworks and are subject to the following regulations:
(1) An improvement plan shall be approved a minimum of two (2) weeks prior to the proposed public display of fireworks. An approved Operational Fire permit shall be submitted with every Improvement Plan.
(2) All property owners of parcels adjacent to the parcel(s) approved by the Improvement Plan shall be notified of the details of the public display of fireworks which shall include the date of the event, time of event, and length of time for the fireworks display. The Community Development Department shall notify property owners in writing a minimum of one (1) week prior to the public display of fireworks date. (3) The Community Development Department shall notify the appropriate Municipal
ATTACHMENT C
Item 8.1
Mountain House Page 703 of 1663
86 Advisory Council in writing a minimum of one (1) week prior to the public display of fireworks date if a public display of fireworks is proposed on a parcel located within a Municipal Advisory Council district.
9-3-207 Design Guidelines.
Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.
9-3-208 Short-Term Rental Prohibited.
No person shall establish, operate, or maintain any short-term rental. Notwithstanding the foregoing, a property owner may rent their home for up to 14 days in a year, provided that each rental period shall not be less than 7 consecutive days. Notwithstanding anything to the contrary in this Code, any violations of this section are subject to increased fines under subdivision (d) Government Code section 36900 and sections 1-2-201 and 1-2-303 of this Code.
TABLE 9-3-2.1 USES IN RESIDENTIAL 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 R-VL R-L R-M R-MH R-H
Residential Use Types
Family Residential See categories below
Single-Family P P P P -
Two-Family - - (P1 ) P P -
Small Multifamily - - P P P
Large Multifamily - - S (-1 ) S S
Farm Employee Housing See categories below
Small - - - - -
Large - - - - -
Group Care See categories below>
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
Mobile Home Park - U (-1 ) U (-1 ) - -
Emergency Shelters: See categories below
Small - - - - -
Medium
Large - - - - -
ATTACHMENT C
Item 8.1
Mountain House Page 704 of 1663
87 Nonresidential Use
Administrative Offices - - - S S
Administrative Support
Services
- - - - -
Adult Entertainment - - - - -
Aerial Services See categories below
Farm - - - - -
Heliport - - - - -
Agricultural Organizations - - - - -
Agricultural Processing See categories below
Preparation Services - - - - -
Food Manufacturing - - - - -
Agricultural Sales See categories below
Feed and Grain - - - - -
Agricultural Chemical - - - - -
Agricultural Warehousing - - - - -
Agricultural Wastes - - - - -
Animal Feeding and Sales - - - - -
Animal Raising See categories below
Exotic Animals - - - - -
General - - - - -
Hogs - - - - -
Small Animals - - - - -
Family Food Production P - - - -
Educational Animal Project P - - - -
Zoo - - - - -
Petting Zoo - - - - -
Animal Specialty Services See categories below
Farm - - - - -
Pet - - - - -
Kennel - - - - -
Kennel, Small Breeding - - - - -
Auction Sales See categories below
Indoor - - - - -
Outdoor - - - - -
Automotive Sales and
Services
See categories below
Automotive Rentals - - - - -
Automotive Repairs, Light - - - - -
Automotive Repairs, Heavy - - - - -
Automotive Sales - - - - -
Cleaning - - - - -
Inoperable Vehicle Storage - - - - -
ATTACHMENT C
Item 8.1
Mountain House Page 705 of 1663
88 Operable Vehicle Storage - - - - -
Parking - - - - -
Building Maintenance
Services
- - - - -
Child Care Services See categories below
Family Day Care Homes P P P P P
Child Care Centers U U U U U
Commercial Cannabis See categories below
Cultivation - - - -
Distribution - - - -
Manufacturing - - - -
Non-Storefront (Delivery)
Retail Sales
- - - -
Laboratory Testing - - - -
Communications Services See categories below
Type I PI PI PI PI PI
Type II - - - - -
Type III - - - - -
Type IV - - - - -
Community Assembly - U U S S
Construction Sales - - - - -
Construction Services See categories below
Light - - - - -
Heavy - - - - -
Crop Production P P P P P
Cultural and Library Services - - U S S
Custom Agricultural
Manufacturing
- - - - -
Custom Manufacturing - - - - -
Dairies - - - - -
Eating Establishments See categories below
Convenience - - - - -
Full-service - - - - -
Educational Services See categories below
Commercial - - - - -
General U U U U U
Equipment Sales and Repair See categories below
Farm Machinery, Sales - - - - -
Farm Machinery, Repair - - - - -
Heavy Equipment - - - - -
Leisure - - - - -
Aircraft - - - - -
Explosives Handling - - - - -
ATTACHMENT C
Item 8.1
Mountain House Page 706 of 1663
89 Farm Services - - - - -
Funeral and Interment
Services
See categories below
Cemeteries - - - - -
Interring and Cremating - - - - -
Undertaking - - - - -
Gasoline Sales See categories below
Service - - - - -
Combination - - - - -
General Industrial See categories below
Limited - - - - -
Intermediate - - - - -
Heavy - - - - -
Hazardous Industrial - - - - -
High Technology Industry - - - - -
Laundry Services - - - - -
Liquor Sales See categories below
On-Premises, General - - - - -
On-Premises, Limited - - - - -
Off-Premises - - - - -
Lodging Services See categories below
Bed and Breakfast U U S S S
Motel - - - - -
Major Impact Services - - - - -
Medical Services - - - U U
Nursery Sales and Services See categories below
Wholesale - - - - -
Retail - - - - -
Landscaping Services - - - - -
Personal Storage - - - - -
Petroleum and Gas Extraction U U U U U
Produce Sales See categories below
Farm Produce Stands - - - - -
Farm Markets - - - - -
Professional Services - - - U U
Public Services See categories below
Administrative - - - U U
Essential U U U U U
Quarry Operations - - - - -
Recreation See categories below
Campgrounds - - - - -
Indoor Participant - - - - -
Indoor Spectator - - - - -
ATTACHMENT C
Item 8.1
Mountain House Page 707 of 1663
90 Marinas - - - - -
Outdoor Entertainment,
Large Scale
- - - - -
Outdoor Entertainment,
Small
- - - - -
Outdoor Sports Clubs - - - - -
Parks S S S S S
Resorts - - - - -
Nature Preserves - - - - -
Recycling Services See categories below
Consumer - - - - -
Scrap Operations - - - - -
Religious Assembly See categories below
Neighborhood S S S S S
Community U U U U U
Regional - - - - -
Research and Laboratory
Services
- - - - -
Retail Sales and Services See categories below
Primary - - - - -
Intermediate - - - - -
General - - - - -
Signs, Off-premises - - - - -
Stables See categories below
Neighborhood U - - - -
Commercial - - - - -
Transportation Services - - - - -
Truck Sales and Services See categories below
Parking - - - - -
Cleaning - - - - -
Stops - - - - -
Repairs - - - - -
Sales - - - - -
Terminals - - - - -
Utility Services See categories below
Minor P P P P P
Major - - - - -
Wholesaling and Distribution See categories below
Light - - - - -
Heavy - - - - -
1 Applies within Specific Plan III area of Mountain House.
Wineries and Wine
Cellars
Wine Cellar, Off-Site - - - - -
ATTACHMENT C
Item 8.1
Mountain House Page 708 of 1663
91 Wineries, All Sizes - - - - -
1 APPLIES WITHIN SPECIFIC PLAN III AREA OF MOUNTAIN HOUSE.
TABLE 9-3-2.2 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 Pe Accessory Use or
Structure
Residential
Zone R-VL
Residential
Zone R-L
Residential
Zone R-M
Residential
Zone R-MH
Antennae, Radio/TV
Dish
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 )
Coop P - - -
Dock, Private (one/lot) P (-2 ) P (-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) vehicles)
P P P P
Greenhouse, Private P P P S
Guesthouse P (-2 ) P (-2 ) P (-2 ) -
Home Occupation HO HO HO HO
Horse Raising S - - -
Packing Shed, Private - - - -
Playhouse, Children’s P P P P
Pump/Pumphouse P - - -
Second Unit Dwelling SD1 SD1 SD1 SD1, 2
Silo - - - -
Stable, Private P - - -
Storage Building, Private P P P S (P2 )
Swimming Pool &
Equipment
P P P P
ATTACHMENT C
Item 8.1
Mountain House Page 709 of 1663
92 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 tent 2 Applies within Specific Plan III area of Mountain House. 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.
TABLE 9-3-2.4 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
Zone R-VL
Residential
Zone R-L
Residential
Zone R-M
Residential
Zone R-MH
Agricultural
Excavation
- - - -
Auction, Agricultural
Machinery
- - - -
Auction, Livestock - - - -
Batch Plant - - - -
Boutique Sales (limit
of two (2) per year)
P P P P
Carnival/Circus - - - -
Christmas Tree Sales - (S1 ) - - -
Corporation Yard - S S S
Garage Sales (limit of
two (2) per year)
P P P P
Halloween Pumpkin
Sales
- - - -
Motion Picture Filming P P P P
Special Event - - - PI
Subdivision Sales
Office
PI PI PI PI
Temporary Building
Incidental to
P P P P
ATTACHMENT C
Item 8.1
Mountain House Page 710 of 1663
93 Construction Works
Temporary Mobile
home
P P P P
Tent Revival - - - -
1 Applies within Specific Plan III area of Mountain House. 1 APPLIES WITHIN SPECIFIC PLAN III AREA OF MOUNTAIN HOUSE.
CHAPTER 3. RESIDENTIAL ZONES: LOT AND STRUCTURE REGULATIONS 9-3-301 Intent.
The intent of this Chapter is to regulate the size and width of lots, the location and height of structures on lots, and the physical character and intensity of lot usage within the residential zones, consistent with the policies and principles of the General Plan. 9-3-302 Planned DevelopmentsReserved.
The provisions of this Chapter may be modified pursuant to Chapter 15 of Division 8, Planned Development Zone.
9-3-303 Lot Size.
Minimum lot size by residential zone shall be as set forth in Table 9-3-3.2MCP, as modified by Table 9-6-3.3MCP9-3-3.3, for the Specific Plan III area and as set forth in Table 9-3-2.1 unless otherwise specified for other areas of Mountain House. (a) Major or Minor Subdivisions. For Major and Minor Subdivision applications, the size of individual lots may be reduced to ninety percent (90%) of the minimum lot size required by Table 9-3-3.2MCP for the Specific Plan III area and by Table 9-3-3.1 for other areas, provided Master Plan density requirements are met.
(b) Affordable Housing. Lot size exceptions for projects providing affordable housing shall be as specified in the Development Title.
9-3-304 Lot Width.
Unless otherwise specified, lots within residential zones shall have a width as specified in Table 9-3-3.2MCP for the Specific Plan III area and in Table 9-3-3.1 for other areas. (a) Major or Minor Subdivision. Minimum lot width for individual lots may be reduced five (5) feet from the required minimum, provided the average lot width in the proposed subdivision is at least equal to the minimum lot width required. (b) Affordable Housing. Lot width exceptions for projects providing affordable housing shall be as specified in the Development Title. 9-3-305 Setbacks.
Buildings and structures within the Specific Plan III area of Mountain House shall meet the setback requirements specified in Table 9-3-3.2MCP, except as noted in Table 9-6-3.3MCP9-3-3.3. For other areas of Mountain House, unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-3-3.2MCP9-3-3.1. For lots located within the R-M zone and within a tract for which a Model Home Master Plan has been
ATTACHMENT C
Item 8.1
Mountain House Page 711 of 1663
94 approved, the setback and structure standards specified in Table 9-3-3.2MCP for lots within the Specific Plan III area and in Table 9-3-3.1 for other areas for lots with an area of less than thirty-six hundred (3,600) square feet shall be applicable to all lots in the tract if at least one (1) of the residential lots has an area of less than thirty-six hundred (3,600) square feet. The setback requirements and exceptions specified in Table 9-3-3.2MCP and Table 9-6-3.3MCP for the Specific Plan III area and in Table 9-3-2.1 and this Section for other areas of Mountain House shall replace the chapter concerning yards and the general provisions concerning yard dimensions in the Development Title (Chapter 3 of Division 10 and Section 9-3-305, respectively). For court lots, autocourt lots and greencourt lots, see Table 9-3-3.3M for the location of front, side and rear property lines.
(a) Front, Side, and Rear Setback Exceptions.
(1) Structures on lots zoned R-MH or R-H, or designated R/MH or R/H on the Master Plan, shall increase the minimum setback by five (5) feet for each story over the first story when adjacent to arterial roads or lots designated R/VL, R/L or R/M on the Master Plan. (2) For side yards, the following setbacks shall be applicable, provided coverage requirements and FAR requirements as specified in Table 9-3-2.19-3-3.1 are met:
(A) The side setback in the R-L, R-M and R-MH zones may be reduced to zero (0) feet along the common wall in a zero lot-line residential project or where the distance between the building on the subject lot and the building on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.
(B) For lots less than fifty-one (51) feet in width, that are located within a tract for which a Model Home Master Plan has been approved, the side setback shall equal ten percent (10%) of the smallest lot width within said Tract, but in no case shall the side setback be less than three (3) feet.
(3) For single story accessory buildings located in the rear third of the parcel, the rear setback may be reduced to zero (0) feet where the distance between the accessory structure on the subject lot and the structure on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.
(4) For corner lots, the following setbacks shall be applicable, provided coverage requirements and FAR requirements as specified in Table 9-3-3.1 are met:
(A) For corner lots zoned R-L the minimum streetside side setback shall be ten (10) feet.
(B) For corner lots zoned R-M less than fifty-one (51) feet in width, that are located within a tract for which a Model Home Master Plan has been approved, the minimum streetside side setback shall be five (5) feet, plus an additional ten percent (10%) of the smallest lot width within said Tract, but in no case shall be less than nine (9) feet. (C) For corner lots zoned R-M, greater than or equal to fifty-one (51) feet in width, the minimum streetside setback shall be ten (10) feet.
(D) For reverse corner lots, the side setback requirement shall be applied to the rear setback.
(E) For corner lots within Tract 3202, the rear setback shall be ten (10) feet. (5) For buildings with common automobile or pedestrian access, except where a building is adjacent to a public street, front and rear setbacks may, with the Director’s approval, be reduced to zero (0) feet, provided that minimum building separations per Table 9-3-.32.1-3.1 are maintained.
(6) For single-family homes with common automobile or pedestrian access in the
ATTACHMENT C
Item 8.1
Mountain House Page 712 of 1663
95 R-MH zone, the rear setback for lots backing onto a public street may be reduced to five (5) feet, provided that minimum building separations as specified in Table 9-3-3.1 are maintained. (7) For lots located within the R-M zone and within a tract for which a Model Home Master Plan has been approved, the minimum building separation for all lots shall be twenty percent (20%) of smallest lot width within the tract, but in no case shall be less than six (6) feet. (8) For lots zoned R-L less than one hundred (100) feet in depth, the minimum front and rear setback shall be fifteen (15) feet.
(b) Setback Exceptions for Specified Streets.
(1) Marina BoulevardGreat Valley Parkway. Dwellings shall maintain a minimum setback of twoone hundred and ten (210(100) 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 façadeprimary living area 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, subject to Director approval, be reduced to zero (0) feet provided that a minimum building separation of twenty (20) feet is maintained between the subject garage and the building across the common driveway, and consistency with Subsection (c)(1) is maintained. (4) For single story garages located in the rear third of the parcel that includes either one (1) space of a total three (3) car garage or both spaces of a two (2) car garage, the rear setback may be reduced to zero (0) feet where the distance between said garage on the subject lot and the structure on the adjacent lot is at least the minimum building separation as specified in Table 9-3-3.1.
(5) On corner lots less than fifty (50) feet in width, garages that are accessed from side streets and that have automatic garage door openers with remote controls may project toward the street up to five (5) feet into the streetside side setback, but must maintain a minimum four (4) feet from the streetside side property line. Second level habitable space above said garage may project two (2) feet into the street side yard setback.
(d) Setback Exceptions for Off-Street Parking Areas.
(1) The minimum setback for off-street parking areas for nonresidential use types in the R-VL, R-L and R-M zones shall be ten (10) feet from any adjacent street, and five (5) feet from any side or rear property line not abutting a streetReserved. (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
ATTACHMENT C
Item 8.1
Mountain House Page 713 of 1663
96 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 interior 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.
ATTACHMENT C
Item 8.1
Mountain House Page 714 of 1663
97 (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. (j) Minimum Driveway Length. For all residential lots, other than those excepted under subdivision (a)(5) of this section, the minimum setback to any garage that faces the street shall be 18 feet.
9-3-306 Height.
Buildings and structures in residential zones within Specific Plan III shall not exceed the maximum building heights specified in Table 9-3-3.2MCP, except as provided below. Buildings and structures in other Mountain House residential zones shall not exceed the maximum building heights specified in Table 9-3-3.1, except as provided below. (a) Parking facilities located below the main structure in the R-H zone. Within the R-H zone, one-half (½) additional story may be permitted for parking facilities located below the main structure;
(b) Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the building; (c) Skylights and chimneys;
(d) Flagpoles;
(e) Church towers/steeples;
(f) Water tanks; and
ATTACHMENT C
Item 8.1
Mountain House Page 715 of 1663
98 (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. 9-3-307 Building Coverage.
Buildings and structures in residential zones within Specific Plan III shall not exceed the maximum building coverage regulations specified in Table 9-3-3.1, except in the following instances, as applicable. Buildings and structures in other Mountain House residential zones shall not exceed the maximum building coverage regulations specified in Table 9-3-3.1, except in the following instances:
(a) Single-story porches which wrap from the front to the side of the house in the R-L and R-M zoning districts: an area up to twenty percent (20%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage. (b) Total of all porch coverage exceptions shall not exceed twenty percent (20%) of the total building coverage.
(c) Single story front porches in the R-L and R-M zoning districts: an area up to ten percent (10%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage.
(d) Single story rear and side porches in the R-L and R-M zoning districts: for each, an area up to five percent (5%) of the total building coverage (excluding garages) shall not be included in the calculation of maximum building coverage. (e) Homes that front on Central Parkway in the R-L zone are allowed a maximum building coverage of fifty percent (50%).
(f) Residential developments providing housing affordable to persons of low and very low-incomes may be permitted to increase building coverage over that specified in Table 9-3-3.1 as one of several possible bonus incentives permitted by the Development Title. 9-3-308 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 9-3-3.2MCP. For corner lots in other areas of Mountain House, the following provisions shall be applicable:
(a) For corner lots in the R-L zone, the minimum lot width shall be fifty-five (55) feet. (b) For corner lots in the R-M zone, the minimum lot width shall be forty-five (45) feet. (c) For corner lots in the R-MH zone, the minimum lot width shall be forty-five (45) feet.
(d) For corner lots in the R-H zone, the minimum lot widths shall be sixty-five (65) feet.
9-3-309 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
ATTACHMENT C
Item 8.1
Mountain House Page 716 of 1663
99 be used on less than fifteen percent (15%) or more than thirty percent (30%) of total lots. Average FAR is calculated by dividing total Livable Area plus attached garage interior floor area by the total lot area for all lots within a Model Home Master Plan.
TABLE 9-3-3.1 LOT AND STRUCTURE STANDARDS1
Zoning
District
Minimum Lot
Size (square
feet)
Minimum Lot
Width (feet)
Maximum
Building Height
(stories)
Maximum Building
Coverage (Percent)/
Maximum Average FAR
(Percent)
R-VL 15,000 75 2 35 Coverage
R-L 5,000 50 2 4050 Coverage;
5060 Coverage (for one
story homes)
R-M
(≥3,600
sf)
3,000 40 2 5055 Coverage ; 65 (for
one story homes)
R-M
(<3,600
sf)
2,000 35 2 75 Average FAR
Coverage
R-MH - - 3 65 Coverage
R-H - - 3 65 Coverage
1 See Sections 9-3-303 through 9-3-308 for exceptions and modifications.
MINIMUM SETBACK REQUIREMENTS 2, 3
Zoning
District
Front Setback
(feet)
Side
Setback
(feet)
Minimum
Building
Separation (feet)
Rear Setback (feet)
R-VL 25 15 30 25
R-L 20;
15 (for one story
building)
5 10 20;
15 (for one 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
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.
ATTACHMENT C
Item 8.1
Mountain House Page 717 of 1663
100
1 See Sections 9-3-303 through 9-3-308 for exceptions and modifications. 2 Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.
TABLE 9-3-3.2MCP LOT AND STRUCTURE STANDARDS FOR SPECIFIC PLAN III AREA
R-VL R-L R-M R-M
small
lot 1
R-MH R-H
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 - - - - - -
Setbacks2
Front (FT) 25 203 12 10 154 154
Rear (FT)9 25 20 15 10 10 10
Side (FT) 15 5 5
109 4109 5 5
Corner Side (FT)1211 side
plus 5
side
plus 5
side
plus 5
side
plus 5
side
plus 5
side
plus 5
Building Separation (FT)2 30 10 101110 8
1110 10 20
Max. Building Coverage2 35% 40%5 50% N/A6 65% 65%
Max. Building Height (Stories)2 2 2 2 2
7 3 3
KEY TO LAND USE REGULATIONS
1 Small lot, lots within subdivision tracts that have a standard lot size of less than 3,600 square feet.
2 Unless otherwise specified, standards are minimums and setbacks shall be measured from the planned ultimate right-of-way width of the roadway as shown on the Master Plan or on any applicable Specific Plan. Setbacks and other Table 9-3-3 criteria shall apply to all new residential lots within the Specific Plan Ill planning area, except where specific lot type/product design criteria have been approved and adopted as part of the College Park Specific Plan Area Design Manual or as part of a Special Purpose Plan.
3 A 15-foot front setback is allowed for single-story homes. 4 A minimum 10-foot front setback is allowed on arterial streets, but the minimum front setback shall be increased by five feet for each story over the first story for structures zoned R-MH and R-H adjacent to arterial roads or adjacent to lots designated R/VL, R/L or R/M in the Master Plan.
5 A 50% maximum building coverage is allowed for single-story homes. 6 Building coverage is not limited, buildings must meet all setbacks. At least one (1) plan of the model home master plan may not exceed the square feet of Livable Area set forth in the table below. Where “Standard Lot Size” may not be applicable, average lot size may be substituted for the purposes of calculating the Maximum Livable Area. The mix of plans on a Model Home Master Plan shall conform to plotting criteria set forth in the table below, but in no case shall the
ATTACHMENT C
Item 8.1
Mountain House Page 718 of 1663
101
plan(s) required to have a Maximum Livable Area as set forth in the table above be plotted on less than 15% of lots within the Model Home Master Plan.
7 A third level is allowed if contained within 2nd level roof and 2nd level eave line.
Dormers are permitted through the roof envelope for light and egress. 8 A residential subdivision or development may be approved at a density which exceeds or falls below the density range specified by the Master Plan, provided the subdivision is within the General Plan density range; and that the Master Plan density range for each land use district will be maintained for the neighborhood, or the developer’s aggregate subdivisions for a land use district within Specific Plan III.
9 Table 9-310.3 concerning lot depth to width ratio shall not apply to lots addressed by Table 9-3l0.3MCP.
10 For projects permitted through a Model Home Master Plan, side setback equals ten percent (10%) of lot width for those lots with a lot width less than fifty (50) feet wide, but in no case shall be less than three (3) feet.
11 For projects permitted through a Model Home Master Plan, building separation equals twenty percent (20%) of lot width for those lots with a lot width less than fifty (50) feet wide, but in no case shall be less than six (6) feet.
12Lots 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.
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 Master Plan
Portion of Model
Home Master Plan
occupied by each plan,
Minimum
Portion of Model
Home Master Plan
occupied by each plan,
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
ATTACHMENT C
Item 8.1
Mountain House Page 719 of 1663
102
maintained for the neighborhood, or the developer’s aggregate subdivisions for a land use district within Specific Plan III.
9 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. 10 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. 11Lots 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.
TABLE 9-3-3.3M LOCATION OF FRONT, REAR AND SIDES OF COURT-TYPE LOTS TABLE 9-3-3.3MCP SETBACK EXCEPTIONS FOR SPECIFIC PLAN III AREA
LOT SIZE AND WIDTH EXCEPTIONS
For Major and Minor subdivisions the size of individual lots may be reduced to ninety percent (90%) of the minimum lot size provided Master Plan density requirements are met; and minimum lot width for individual lots may be reduced five (5) feet from the required minimum, provided the average lot width in the proposed subdivision is at least equal to the required minimum lot width.
SIDE AND REAR SETBACKS EXCEPTIONS
ATTACHMENT C
Item 8.1
Mountain House Page 720 of 1663
103
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-Mendot
a 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
ATTACHMENT C
Item 8.1
Mountain House Page 721 of 1663
104
abutting a street or lot zoned R-VL, R-L or R-M.
STRUCTURAL FEATURE AND EQUIPMENT SETBACK EXCEPTIONS
Fire Escapes,
Stairways and
Balconies
Fire escapes shall not extend or project more than four (4) feet 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,
Architectural
Features, Air
Conditioning and
Water Softener
Equipment
Eaves, roof overhangs, non-habitable architectural features, fireplaces, air conditioning units and water softening units may extend or project up to thirty (30) inches beyond the setback line, 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.
CHAPTER 4. RESIDENTIAL ZONES: DENSITY BONUS
9-3-401 Intent.
The intent of this Chapter is to provide a method by which residential developments which provide affordable housing shall receive a density bonus and incentive pursuant to Section 65915 of the Government Code.
ATTACHMENT C
Item 8.1
Mountain House Page 722 of 1663
105
9-3-402 Eligibility.
A residential development is eligible for a density bonus as follows:
(a) Very Low and Low-income Housing and Senior Housing. A residential development is eligible for a twenty (20) percent density bonus if the builder seeks and agrees to construct at least one (1) of the following:
(1) Ten (10) percent of the total units are affordable to low-income households at an affordable rent or affordable ownership cost; or
(2) Five (5) percent of the total units are affordable to very low-income households at an affordable rent or affordable ownership cost; or
(3) A senior citizen housing development, or mobile home park that limits residency based on age requirements for housing for older persons. (b) Moderate Income Housing. A residential development is eligible for a five (5) percent density bonus if the builder seeks and agrees to construct ten (10) percent of the total units as for sale affordable to moderate income households, if the residential development also meets all of the following additional criteria:
(1) The residential development is a common interest development; (2) All the dwelling units in the residential development are offered to the public for purchase; and
(3) The density bonus units are offered for sale at affordable ownership cost. (c) Density Bonus for Land Donation, Child Care Facility, or Condominium Conversion.
(1) A residential development may be eligible for a density bonus for land donation pursuant to the requirements set forth in Government Code Section 65915(g). (2) A residential development that contains a child care facility as defined in Government Code Section 65915(h) may be eligible for an additional density bonus or incentive pursuant to the requirements set forth in Section 65915(h). (3) Condominium conversions may be eligible for a density bonus or incentive pursuant to the requirements set forth in Government Code Section 65915.5. 9-3-403 Additional Density Bonus.
The density bonus for which the residential development is eligible shall increase if the percentage of very low, low, and moderate income units exceeds the base percentage established in Sections 9-3-402(a) and (b), as follows:
(a) Very Low-income Units. For each one (1) percent increase above five (5) percent in the percentage of density bonus units affordable to very low-income households, the density bonus shall be increased by two and one-half (2.5) percent up to a maximum of thirty-five (35) percent.
(b) Low-income Units. For each one (1) percent increase above ten (10) percent in the percentage of density bonus units affordable to low-income households, the density bonus shall be increased by one and one-half (1.5) percent up to a maximum of thirty-five (35) percent. (c) Moderate Income For Sale Units. For each one (1) percent increase above ten (10) percent in the percentage for sale density bonus units affordable to moderate income households, the density bonus shall be increased by one percent up to a maximum of thirty-five (35) percent.
TABLE 9-3-4.1 DENSITY BONUS SUMMARY
ATTACHMENT C
Item 8.1
Mountain House Page 723 of 1663
106
Income Category Min.
% Density
Bonus Units
Bonus
Granted
Add’l
Bonus for
Each 1% Inc.
in Density
Bonus Units
%
Density Bonus
Units Required
for Max. 35%
Bonus
Very Low-income 5% 20% 2.5% 11%
Low-income 10% 20% 1.5% 20%
Moderate Income
(for sale common interest
development only)
10% 5% 1% 40%
9-3-404 Incentives.
(a) A builder may request incentives pursuant to this section only when the builder is eligible for and receives a density bonus pursuant to Section 9-3-402. A residential development may receive the following number of incentives:
(1) One (1) incentive for a project that includes:
(A) At least five (5) percent of the total units for very low-income households; (B) At least ten (10) percent of the total units for low-income households; or (C) At least ten (10) percent for persons or families of moderate income in a common interest development.
(2) Two (2) incentives for a project that includes:
(A) At least ten (10) percent of the total units for very low-income households; (B) At least twenty (20) percent of the total units for low-income households; or (C) At least twenty (20) percent for persons and families of moderate income in a common interest development.
(3) Three (3) incentives for a project that includes:
(A) At least fifteen (15) percent of the total units for very low-income households; (B) At least thirty (30) percent of the total units for low-income households; or (C) At least thirty (30) percent for persons or families of moderate income in a common interest development.
(b) One (1) or more of the following incentives shall be made available to a builder eligible for incentives, per the requirements in Section 9-315.4subdivision (a) above, except as provided in Section 9-315.59-3-405:
(1) Reduction in setback;
(2) Reduction in lot width;
(3) Reduction in square footage requirements of the lot; (4) Reduction in yard dimensions;
(5) Increase in building height;
(6) Increase in building intensity;
(7) Reduction of ratio of vehicular parking spaces per unit; (8) Reduction in open space requirements; or
(9) Reduction in fees.
(c) In addition to the incentives described above, an applicant for a development that meets the requirements of Section 9-3-402 may request parking standards consistent with Government Code Section 65915.
ATTACHMENT C
Item 8.1
Mountain House Page 724 of 1663
107
9-3-405 Written Finding That Incentive Not Necessary.
If the Director concludes that an incentive as specified in Section 9-315.49-3-404 is not necessary for affordability of the target units, a written finding stating such shall be made. 9-3-406 Request for Density Bonus.
(a) If a density bonus is desired by the applicant, the applicant shall submit a written request for a density bonus with the application for residential development, or with a Planned Development Zone application if the affordability bonus is in conjunction with the bonus for planned development (Section 9-8-1511(h)).
(b) A developer may submit a preliminary written proposal pursuant to this section prior to the submittal of any application for residential development. Within 90 days the City shall notify the developer in writing of any additional procedures necessary to comply with this section and Section 65915 of the Government Code.
9-3-407 Guarantees for Continued Affordability.
(a) The developer shall agree to ensure continued affordability of all lower income density bonus units for:
(1) Thirty (30) years, or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program; or
(2) Ten (10) years if the countyCity does not grant at least one of the additional incentives and government financing with a longer designated preservation period is not used for the project.
(b) The developer shall enter into an Agreement with City of Mountain House to ensure compliance with the provisions of this section.
CHAPTER 5. RESIDENTIAL ZONES: SINGLE-ROOM OCCUPANCY
9-3-501 Intent.
The intent of this Chapter is to regulate the development and operation of single-room occupancy (SRO) land uses. SRO facilities provide housing opportunities for lower-income individuals, persons with disabilities, seniors, and formerly homeless individuals. 9-3-502 Definitions.
The following definitions apply to this chapter:
(a) Single-Room Occupancy Facility. “Single-room occupancy facility” means any building containing five (5) or more guest rooms or units intended or designed to be used or occupied for sleeping purposes by residents, which is also the primary residence of those residents.
The individual units may or may not lack either cooking facilities or individual sanitary facilities, or both. However, for purposes of this definition, an SRO facility does not include residential care homes, senior housing projects, rooming and boarding houses, hotels and motels, bed and breakfast lodging, extended care facilities, or hospitals. (b) Single-Room Occupancy Unit. “Single-room occupancy unit” means the guest rooms or units within the single-room occupancy facility intended or designed to be used or occupied for sleeping purposes by residents.
ATTACHMENT C
Item 8.1
Mountain House Page 725 of 1663
108
9-3-503 Standards.
(a) Single-Room Occupancy Units. The following standards shall apply to SRO units:
(1) Unit Size. The minimum size of an SRO unit shall be one hundred fifty (150) square feet and the maximum size shall be four hundred (400) square feet. (2) Occupancy. Each SRO unit may house no more than two (2) persons. (3) Bathroom Facilities. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink, and bathtub, shower, or bathtub/shower combination. (4) Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator, and a stove, range top, or oven. A partial kitchen is missing at least one (1) of these appliances. (5) Closet. Each SRO unit shall have a separate closet. (b) Single-Room Occupancy Facilities. The following standards shall apply to SRO facilities:
(1) Common Area. Ten (10) square feet of interior common space per unit shall be provided, with at least two hundred (200) square feet in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways. (2) Bathroom Facilities. If a full bathroom facility is not provided within each SRO unit, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one (1) full bathroom per floor. The shared bathroom facility shall be accessible from a common area or hallway. (3) Kitchen Facilities. If a full kitchen is not provided within each SRO unit, common kitchen facilities shall be provided with at least one (1) full kitchen per floor. (4) Laundry Facilities. Laundry facilities shall be provided in a separate room with at least one (1) washer and dryer per floor.
(5) Cleaning Supply Room. A cleaning supply room or utility closet with a wash tub with hot and cold running water shall be provided on each floor of the SRO facility.
DIVISION 4. COMMERCIAL ZONES
CHAPTER 1. COMMERCIAL ZONES: INTENT AND ORGANIZATION
9-4-101 Title and Intent.
Division 4 constitutes the commercial zones. The intent of this Division is to prescribe use, lot, and structure regulations for commercial zones within the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the commercial zones are as follows:
(a) C-N Zone. The Neighborhood Commercial (C-N) Zone is intended to provide for the development of small, localized retail and service businesses which serve the immediate, surrounding residential neighborhood of three thousand (3,000) to five thousand (5,000) people.
This zone is intended to implement the Neighborhood Commercial land use designation of the General Plan.
(b) C-C Zone. The Community Commercial (C-C) Zone is intended to provide for the development, within central business districts or extensive commercial areas, of a full range of retail and service establishments, allowing comparison shopping and providing goods and services necessary to supply the general or commercial needs of urban communities or regional markets.
ATTACHMENT C
Item 8.1
Mountain House Page 726 of 1663
109
This zone is intended to implement the Community Commercial land use designation of the General Plan.
(c) C-O Zone. The Office Commercial (C-O) Zone is intended to accommodate professional and other offices located adjacent to Medium High and High Density Residential Zones or commercial zones where professional services would most likely find demand. This zone is intended to implement the Office Commercial land use designation of the General Plan. (d) C-G Zone. The General Commercial (C-G) Zone is intended to provide for commercial areas that offer a wide variety of specialized retail and service uses which are normally developed as a separate individual entity rather than as part of a cluster of uses, serve urban communities or regional markets, require large amounts of land, and which may necessitate special purpose trips by consumers. This zone is intended to implement the General Commercial land use designation of the General Plan.
(e) C-FS Zone. The Freeway Service Commercial (C-FS) Zone is intended to provide for commercial uses adjacent to full freeway interchanges oriented almost exclusively to serve the needs of the highway traveler. The concurrent filing of a Special Purpose Plan may be required for all parcels to be zoned C-FS. This zone is intended to implement the Freeway Service land use designation of the General Plan.
(f) C-R Zone. The Commercial Recreation (C-R) Zone is intended to provide areas for major recreation oriented commercial activities and associated facilities. The concurrent filing of a Special Purpose Plan may be required for all parcels to be zoned C-R. This zone is intended to implement the Commercial Recreation land use designation of the General Plan. 9-4-102 Organization.
Division 4 consists of the following chapters:
(a) 9-400 Commercial Zones: Intent and Organization; 9-405 Commercial Zones: Use Regulations; and
(b) 9-410 Commercial Zones: Lot and Structure Regulations.
CHAPTER 2. COMMERCIAL ZONES: USE REGULATIONS
9-4-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed in the commercial zones, consistent with the policies of the General Plan. 9-4-202 Permitted Use Types.
Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-4-2.1.
9-4-203 Expansion of Uses and Structures.
Uses or structures that require discretionary review may be expanded with an Improvement Plan, provided the following conditions are met:
(a) The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and (b) The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and
(c) The proposed expansion, in the opinion of the Director, will not have a substantial,
ATTACHMENT C
Item 8.1
Mountain House Page 727 of 1663
110
adverse effect on adjacent property; and
(d) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-4-2.1. 9-4-204 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-4-2.2. Temporary uses or structures not specifically listed in Table 9-4-2.2 may be allowed, subject to approval of an Improvement Plan. 9-4-205 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 9-4-2.29-4-2.1. (1) New commercial buildings not included in an existing Special Purpose Plan or Specific Plan shall be subject to the permit type specified in Table 9-4-2.29-4-2.1. (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.
9-4-206 Enterprise Zones.
Applications for commercial development projects located in an Enterprise Zone, as designated by the State of California, normally processed under the Public Hearing Review Procedure in Chapter 5 of Division 2, shall be processed under the Staff Review With Notice Procedure in Chapter 4 of Division 2.
ATTACHMENT C
Item 8.1
Mountain House Page 728 of 1663
111
9-4-207 Design Guidelines.
Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.
TABLE 9-4-2.1 USES IN COMMERCIAL ZONES
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 CNCCCOCGCFSCR
Residential Use Types
Family
Residential
See categories below
Single-Family - - - - - -
Two-Family - - - - - -
Small
Multifamily
- - - - - -
Large
Multifamily
- - - - - -
Farm Employee
Housing
See categories below
Small - - - - - -
Large - - - - - -
Group Care See categories below
Small P P P P P -
Large - PI PI PI - -
Adult Day Care U U - U - -
Farm Related - - - - - -
Group
Residential
- - - - - -
Mobile Home
Park
- - - - - -
Emergency
Shelters:
See categories below
Small - - P P - -
Medium - - P P - -
Large - - PI PI - -
Nonresidential Use
Administrative
Offices
S PI PI PI - -
Administrative S PI PI PI - -
ATTACHMENT C
Item 8.1
Mountain House Page 729 of 1663
112
Support Services
Adult
Entertainment
- - S
(-1 )
S - -
Aerial Services See categories below
Farm - - - - - -
Heliport - - S S - -
Agricultural
Organizations
S PI PI PI - -
Agricultural
Processing
See categories below
Preparation
Services
- - - - - -
Food
Manufacturing
- - - - - -
Agricultural
Sales
See categories below
Feed and Grain - - - U - -
Agricultural
Chemical
- - - - - -
Agricultural
Warehousing
- - - - - -
Agricultural
Wastes
- - - - - -
Animal Feeding
and Sales
- - - - - -
Animal Raising See categories below
Exotic Animals - - - - - -
General - - - - - -
Hogs - - - - - -
Small Animals - - - - - -
Family Food
Production
- - - - - -
Educational
Animal Project
- - - - - -
Zoo - - - - - U
Petting Zoo
Animal Specialty
Services
See categories below
Farm - - - - - -
Pet S S - S - -
Kennel - - - U - -
Kennel, Small
Breeding
- - - U - -
Auction Sales See categories below
ATTACHMENT C
Item 8.1
Mountain House Page 730 of 1663
113
Indoor - S S S - -
Outdoor - - - S - -
Automotive
Sales and Services
See categories below
Automotive
Rentals
- S - S P -
Automotive
Repairs, Light
- S - S S -
Automotive
Repairs, Heavy
- - - - - -
Automotive
Sales
- - - S U -
Cleaning - S - S S -
Inoperable
Vehicle Storage
- - - - - -
Operable
Vehicle Storage
- - - S - -
Parking S S S S S -
Building
Maintenance Services
- PI - PI - -
Child Care
Services
See categories below
Family Day
Care Homes
P P P P P -
Child Care
Centers
S S S S S U
Commercial
Cannabis
See categories below
Cultivation - - - - - -
Distribution - - - - - -
Manufacturing - - - - - -
Non-Storefront
(Delivery) Retail Sales
- - - - - -
Laboratory
Testing
- - - - - -
Communications
Services
See categories below
Type I PI PI PI PI PI -
Type II - - - - - -
Type III - - - - - -
Type IV - -S S PI - -
Community
Assembly
S S S S - -
Construction - U - PI - -
ATTACHMENT C
Item 8.1
Mountain House Page 731 of 1663
114
Sales
Construction
Services
See categories below
Light - - - S - -
Heavy - - - - - -
Crop Production P P P P P -
Cultural and
Library Services
S PI PI PI - -
Custom
Agricultural
Manufacturing
- - - - - -
Custom
Manufacturing
- PI - PI - -
Dairies - - - - - -
Eating
Establishments
See categories below
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
See categories below
Farm
Machinery, Sales
- - - - - -
Farm
Machinery, Repair
- - - - - -
Heavy
Equipment
- - - - - -
Leisure - - - S - -
Aircraft - - - - - -
Explosives
Handling
- - - - - -
Farm Services - - - - - -
Funeral and
Interment Services
See categories below
Cemeteries - - - - - -
Interring and
Cremating
- - - S - -
Undertaking - PI - PI - -
Gasoline Sales See categories below
Service - S - S S -
Combination - S - S S -
ATTACHMENT C
Item 8.1
Mountain House Page 732 of 1663
115
General
Industrial
See categories below
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
See categories below
Bed and
Breakfast
- - - - - -
Motel - S - S S -
Major Impact
Services
- - - - - -
Medical Services S PI PI PI - -
Nursery Sales
and Services
See categories below
Wholesale - - - S - -
Retail S PI - PI - -
Landscaping
Services
- S - S - -
Personal Storage - S - PI - -
Petroleum and
Gas Extraction
U U U U U U
Produce Sales See categories below
Farm Produce
Stands
S PI - PI PI -
Farm Markets S PI PI PI S -
Professional
Services
S PI PI PI - -
Public Services See categories below
Administrative S PI PI PI PI -
Essential S S S S S S
Quarry - - - - - -
ATTACHMENT C
Item 8.1
Mountain House Page 733 of 1663
116
Operations
Recreation See categories below
Campgrounds - - - - - -
Indoor
Participant
S S - S - -
Indoor
Spectator
- U - U - -
Marinas - U - U - -
Outdoor
Entertainment, Large
Scale
- U - U - -
Outdoor
Entertainment, Small
S S - S - PI
Outdoor Sports
Clubs
- S - - - -
Parks - S S S S PI
Resorts - - - - - -
Nature
Preserves
- - - - - S
Recycling
Services
See categories below
Consumer S PI - PI PI -
Scrap
Operations
- - - - - -
Religious
Assembly
See categories below
Neighborhood S S -
(S1 )
S - -
Community -
(U1 )
U -
(U1 )
U - -
Regional - U - U - -
Research and
Laboratory Services
- - - S - -
Retail Sales and
Services
See categories below
Primary S PI PI PI S -
Intermediate S PI - PI - -
General - S - S - -
Signs,
Off-premises
- - - - - -
Stables See categories below
Neighborhood - - - - - -
Commercial - - - - - -
Transportation - - - S - -
ATTACHMENT C
Item 8.1
Mountain House Page 734 of 1663
117
Services
Truck Sales and
Services
See categories below
Parking - - - - - -
Cleaning - - - - - -
Stops - - - - - -
Repairs - - - - - -
Sales - - - - - -
Terminals - - - - - -
Utility Services See categories below
Minor PI PI PI PI PI PI
Major - - - - - -
Wholesaling and
Distribution
See categories below
Light - - - S - -
Heavy - - - - - -
Wineries and
Wine Cellars
Wine Cellar,
Off-Site
- - S - S -
Wineries, All
Sizes
- - - - - -
1 APPLIES WITHIN SPECIFIC PLAN III AREA OF MOUNTAIN HOUSE.
TABLE 9-4-2.2 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
Tempor
ary Use or
Structure
Com
mercial
Zone C-N
Com
mercial
Zone C-C
Com
mercial
Zone C-O
Com
mercial
Zone C-G
Com
mercial
Zone C-FS
Agricult
ural Excavation
- - - - -
Auction
, Agricultural
Machinery
- S - S -
Auction
, Livestock
- - - - -
Batch
Plant
- - - - -
ATTACHMENT C
Item 8.1
Mountain House Page 735 of 1663
118
Boutiqu
e Sales
(limit of two (2)
per year)
P P P P P
Carniva
l/Circus
- S S S S
Christm
as Tree Sales
PI PI PI PI PI
Corpora
tion Yard
S S S S S
Garage
Sales
(limit of four
(4) per year
within Specific
Plan III, two (2)
per year in
other areas)
P P P P P
Hallowe
en 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
Subdivi
sion Sales
Office
PI PI PI PI PI
Tempor
ary Building
Incidental to
Construction
Works
P P P P P
Tempor
ary Mobile
home
- - - - -
Tent
Revival
- S - S -
ATTACHMENT C
Item 8.1
Mountain House Page 736 of 1663
119
CHAPTER 3. COMMERCIAL ZONES: LOT AND STRUCTURE REGULATIONS 9-4-301 Intent.
The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the commercial zones consistent with the policies and principles of the General Plan. 9-4-302 Planned DevelopmentsReserved.
The provisions of this Chapter may be modified pursuant to Chapter 15 of Division 8, Planned Development Zone.
9-4-303 Lot Area.
Lots within the commercial zones shall have the minimum areas set forth in Table 9-4-3.1, except for the following modification: When a subject lot is zoned General Commercial (C-G) and that lot is located adjacent to property with residential zoning or property shown on the General Plan Map for residential development, it shall have an area of not less than one-half (½) acre. 9-4-304 Lot Width.
Lots within the commercial zones shall meet the minimum lot width set forth in Table 9-4-3.1, except for the following modification: When a subject lot is zoned General Commercial (C-G) and that lot is located adjacent to property with residential zoning or property shown on the General Plan Map for residential development, it shall have a lot width of not less than one hundred twenty-five (125) feet of frontage on a public street. 9-4-305 Setbacks.
Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-4-3.1. 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 3 of Division 10).
(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 build 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.
ATTACHMENT C
Item 8.1
Mountain House Page 737 of 1663
120
(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.
9-4-306 Height.
Buildings and structures in commercial zones shall not exceed the maximum building heights specified in Table 9-4-3.1, except as provided below:
(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;
ATTACHMENT C
Item 8.1
Mountain House Page 738 of 1663
121
(c) Flagpoles; and
(d) Church towers/steeples.
9-4-307 Building Coverage.
The maximum building coverage by zone for buildings and structures shall be as set out in Table 9-4-3.1.
9-4-308 Access.
All principal uses in the commercial zones shall have access to a City maintained road. 9-4-309 Minimum Dimensions of Corner Lots.
For corner lots proposed after the adoption of this Title:
(a) The minimum width shall be sixty-five (65) feet, and (b) The minimum depth shall be sixty-five (65) feet.
TABLE 9-4-3.1 LOT AND STRUCTURE STANDARDS*
Zoning District Minimum Lot
Size (square
feet)
Minimum Lot
Width (feet)
Maximum
Building
Height
(stories)
Maximum
Bldg
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 Streets
(feet)
Side Setback
(feet)
Rear Setback
(feet)
C-N 0 0 - -
C-C 0 0 - -
C-O 20 (101 ) 20 (101 ) 20 (101, 2 ) 15 (101 )
C-G 20 20 - -
C-FS 30 20 20 20
* See Sections 9-4-303 through 9-4-307 for exceptions and modifications. ** Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.
Notes: Refer to Table 9-4-3.1 for depth to width ratio. Table 9-4-3.1 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. * See Sections 9-4-303 through 9-4-307 for exceptions and modifications. ** Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.
Notes: Refer to Table 9-4-3.1 for depth to width ratio. Table 9-4-3.1 does not apply within Specific Plan III area of Mountain House.
1 Applies within Specific Plan III area of Mountain House.
ATTACHMENT C
Item 8.1
Mountain House Page 739 of 1663
122
2 Side setback for C-O is 20′ for the streetside side of corner lots in Specific Plan III area.
DIVISION 5. INDUSTRIAL ZONES
CHAPTER 1. INDUSTRIAL ZONES: INTENT AND ORGANIZATION
9-5-101 Title and Intent.
Division 5 constitutes the industrial zones. The intent of this Division is to prescribe use, lot, and structure regulations for industrial zones in the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the industrial zones are as follows:
(a) I-P Zone. The Industrial Park (I-P) Zone is intended to allow for the development of a combination of corporate offices, warehousing, light manufacturing, wholesaling, and professional offices, as well as the services necessary to support those uses. Design and development within this zone, enforced through the use of covenants, conditions, and restrictions (CC&R), should be such as to allow location near planned or existing residential zones with a minimum of environmental conflict. This zone is intended to implement the Limited Industrial land use category of the General Plan.
(b) I-L Zone. The Limited Industrial (I-L) Zone is intended to provide for light impact manufacturing, warehousing, wholesaling, construction contracting, and distribution uses.
Activities within this zone have external physical effects that are generally restricted to the immediate area, are compatible with surrounding uses, are conducted entirely within enclosed buildings, and have outdoor storage areas that are screened. Business and professional offices may also be appropriate within this zone. This zone is intended to implement the Limited Industrial land use category of the General Plan.
(c) I-G Zone. The General Industrial (I-G) Zone provides for a wide range of manufacturing, distribution, and storage uses. Uses within this zone tend to have moderate to high nuisance characteristics, such as noise, heat, glare, odor, and vibration, requiring segregation from other land uses, and/or may require extensive outside storage areas. This zone is intended to implement the General Industrial land use category of the General Plan.
CHAPTER 2. INDUSTRIAL ZONES: USE REGULATIONS
9-5-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed within the industrial zones, consistent with the policies and principles of the General Plan. 9-5-202 Permitted Use Types.
Permitted, not permitted and conditionally permitted use types shall be as provided in Table 9-5-2.1.
9-5-203 Expansion of Uses and Structures.
Uses or structures that require discretionary review may be expanded with an Improvement Plan, provided the following conditions are met:
(a) The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and
ATTACHMENT C
Item 8.1
Mountain House Page 740 of 1663
123
(b) The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and
(c) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and
(d) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-5-2.1. 9-5-204 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-5-2.2. Temporary uses or structures not specifically listed in Table 9-5-2.2 may be allowed, subject to approval of an Improvement Plan. 9-5-205 Special Use Regulations in Industrial Zones.
In addition to the provisions of Section 9-5-201 through 9-5-204, the following regulations shall apply to industrial zones:
(a) Unless the use type is more restrictive, a Site Approval (Chapter 9 of Division 8) is required for any industrial use that is:
(1) Six thousand (6,000) square feet or greater in ground floor area; (2) Occupies ten (10) or more acres of site area; or
(3) Not served by a public wastewater treatment plant, public water system, and a public drainage system.
(b) Any change in an existing use to a new use which requires either a Use Permit, Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use. (c) Uses allowed in all Commercial zones, except Neighborhood Commercial (C-N) and Commercial Recreation (C-R), may be allowed in Limited Industrial (I-L) and General Industrial (I-G) zones under the following conditions:
(1) The Commercial zone is immediately adjacent to the Industrial zone; (2) The uses are located in a “transition area” between the two zones that is designated in an adopted Special Purpose Plan;
(3) The specific uses that may be allowed in the “transition area” must conform with the use regulations of the particular Industrial and Commercial zones that are located adjacent to each other;
(4) The specific uses that may be allowed must be based upon land use plans and criteria included in an adopted Special Purpose Plan;
(5) A full range of public services is provided to all of the properties. (d) Public Display of Fireworks. An Improvement Plan shall be required for all public displays of fireworks and are subject to the following regulations:
(1) An Improvement Plan shall be approved a minimum of two (2) weeks prior to the proposed public display of fireworks. An approved Operational Fire permit shall be submitted with every Improvement Plan.
(2) All property owners of parcels adjacent to the parcel(s) approved by the
ATTACHMENT C
Item 8.1
Mountain House Page 741 of 1663
124
Improvement Plan shall be notified of the details of the public display of fireworks which shall include the date of the event, time of event, and length of time for the fire The Community Development Department shall notify property owners in writing a minimum of one (1) week prior to the public display of fireworks date.
(3) The Community Development Department shall notify the appropriate Municipal Advisory Council in writing a minimum of one (1) week prior to the public display of fireworks date if a public display of fireworks is proposed on a parcel located within a Municipal Advisory Council district. Deleted.
(e) Deleted.
(f) Deleted.
(g) 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.
(h) 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. (i) Public Services: Essential, Use Type.
(1) 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.
9-5-206 Special Use Regulations in Truck Terminal Zone.
In addition to the provisions of Sections 9-5-202 through 9-5-204, the following Special Use Regulations shall apply to truck terminals in the Truck Terminal Zone:
(a) Any truck terminal in operation during nighttime hours shall have twenty-five (25) foot light standards whose lights are hooded and directed downward so as not to disturb adjoining properties or roads.
(b) Noise levels of trucks entering and leaving the truck terminal shall comply with the California Vehicle Code sections regarding noise.
(c) Noise levels at the property line shall be no greater that 65 db Ldn. (d) All loose materials shall be contained in bins.
(e) Truck parts or inoperable trucks kept for rebuilding or for parts that are stored on the property of the truck terminal must be directly related to the operation of the truck terminal and shall be contained within a specified area that is fenced to provide an effective visual barrier. (f) Any construction materials and necessary equipment for the transfer and/or storage of construction materials shall be contained in a specified area that is fenced to provide an effective visual barrier.
9-5-207 Special Use Regulations for Truck Terminal Projects.
In addition to the provisions of Sections 9-5-202 through 9-5-204, the following Special Use Regulations shall apply to all truck terminal projects:
(a) Any entrance or exit to a truck terminal shall have acceleration and deceleration
ATTACHMENT C
Item 8.1
Mountain House Page 742 of 1663
125
lanes, the criteria for which are to be determined by the traffic study and recognized engineering standards, or other traffic control devices determined to be necessary by the Department of Public Works. No vehicle shall be permitted to obstruct or back onto a public roadway. (b) The terminal shall comply with all California Department of Transportation regulations and standards for roads, freeway entrances, sight distance, and turning radius. (c) Driveway width at the ultimate right-of-way shall be forty (40) feet maximum. The design of driveway shall be such as to allow trucks to enter and exit property without entering into opposing lane of traffic.
(d) Access gates shall be recessed from the property line a minimum of sixty-five (65) feet.
(e) All maneuvering and parking areas of automobiles and trucks shall be located on the site of the truck terminal. No parking or maneuvering is allowed within the public road right-of-way.
(f) All automobile parking spaces and all major circulation drive lanes (automobile and truck) shall be surfaced and permanently maintained with a minimum of two (2) inches of asphalt concrete over an appropriate base, or four (4) inches of Portland cement concrete over an appropriate base. Bumper guards shall be provided when necessary to protect adjacent structures or properties. All other areas that are used for vehicular traffic shall be surfaced and permanently maintained with a chip seal. These improvements shall be constructed prior to the initiation of the use or prior to the issuance of the Certificate of Occupancy, whichever comes first. (g) Leach fields shall be barricaded to prevent vehicles from driving or parking over them.
(h) Undeveloped areas within the truck terminal will be maintained to prevent the creation of dust or erosion and not become a health hazard. (i) All drainage from asphalted and concreted parking and driveway areas shall be routed through an oil sand trap tank prior to entering a public sewage treatment plant or a terminal drainage system.
(j) All truck parking shall comply with truck parking standards in Section 9-10-406, Truck Parking and Loading.
(k) Vehicle parking shall comply with parking standards in Section 9-10-410 for Handicap Parking and Table 9-10-2.1 for Parking Space Requirements. (l) Truck terminals shall comply with landscape standards in Section 9-10-508, Requirements for Industrial Projects.
9-5-208 Enterprise ZonesReserved.
Applications for industrial development projects located in an Enterprise Zone, as designated by the State of California, normally processed under the Public Hearing Review Procedure in Chapter 5 of Division 2, shall be processed under the Staff Review with Notice Procedure in Chapter 4 of Division 2.
9-5-209 Special Use Regulations in the Warehouse Zone.
In addition to the provisions of Sections 9-5-202 through 9-5-205, the following Special Use Regulations shall apply to the Warehouse Zone:
(a) No industrial or hazardous waste shall be discharged into the wastewater or storm drainage system; only domestic waste may be discharged; (b) The use shall meet all the requirements for wastewater, water, and drainage in
ATTACHMENT C
Item 8.1
Mountain House Page 743 of 1663
126
Division 11;
(c) Uses shall be subject to an annual inspection by the Health Department at the business’s expense to insure compliance with ordinance and permit requirements; (d) Deleted.
(e) Temporary Agricultural Truck Driver Housing. Permit approval shall be subject to the following minimum requirements:
(1) The housing, defined as recreational vehicles or trailers (excluding pick-up camper shells) provided by the driver(s), must be used in conjunction with raw agricultural product truck driving activities performed on the site;
(2) The housing sites, provided at no cost to the driver(s), may not be occupied for more than twenty-six (26) continuous weeks per year between the months of June through November;
(3) The permittee shall annually verify in writing the initiation and termination dates to substantiate compliance with Subsection (2);
(4) The landowner shall provide, at no cost to the driver(s), sanitation and shower facilities, and waste discharge facilities to be approved by the Environmental Health Department; (5) The housing must be under permit of the Environmental Health Department and under an approved Use Permit application of the Community Development Department; (6) The occupancy level shall not exceed the average of thirty (30) occupied units and shall not exceed the maximum of forty (40) occupied units. All units shall be removed each year after the expiration of the allowed occupancy period in November; (7) The Use Permit requirement shall include an annual review for compliance; and (8) The minimum requirements shall be posted in English and Spanish at the site. (f) Equipment Sales and Repair—Farm Machinery, Repair and Equipment Sales and Repair. Heavy Equipment, Repair in the I-W zone shall be subject to a review by and conditions from the Environmental Health Department prior to any consideration for staff or administrative approval to ensure that there is no potential for industrial or hazardous waste generation from such proposed uses which would potentially be discharged into the wastewater or storm drainage system and lead to the contamination of soil and/or groundwater. 9-5-209 Reserved.
9-5-210 Special Use Regulations in the Limited Industrial Zone.
In addition to the provisions of Sections 9-5-202 through 9-5-205, the following Special Use Regulations shall apply to the Automotive Sales use type in the Limited Industrial Zone:
(a) Only used collectible car sales shall be allowed in the Limited Industrial Zone, new car sales shall be prohibited;
(b) A maximum of ten (10) cars shall be displayed at any given time; and (c) All display and maintenance of cars shall occur within a building. 9-5-211 Design Guidelines.
Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.
TABLE 9-5-2.1 USES IN INDUSTRIAL ZONES
Legend:
ATTACHMENT C
Item 8.1
Mountain House Page 744 of 1663
127
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 I-P I-L I-G
Residential Use Types
Family Residential See categories below
Single-Family - - -
Two-Family - - -
Small Multifamily - - -
Large Multifamily - - -
Farm Employee Housing See categories below
Small - - -
Large - - -
Group Care See categories below
Small - - -
Large - - -
Adult Day Care - - -
Farm Related - - -
Group Residential - - -
Mobile Home Park - - -
Emergency Shelters: See categories below
Small - PI -
Medium - PI -
Large - - -
Nonresidential Use
Administrative Offices PI PI PI
Administrative Support Services P P P
Adult Entertainment - - -
Aerial Services See categories below
Farm - - -
Heliport U U U
Agricultural Organizations PI PI -
Agricultural Processing See categories below
Preparation Services - U S
Food Manufacturing - - S
Agricultural Sales See categories below
Feed and Grain - - PI
Agricultural Chemical - - S
Agricultural Warehousing - - PI
Agricultural Wastes - - -
Animal Feeding and Sales - - -
Animal Raising See categories below
ATTACHMENT C
Item 8.1
Mountain House Page 745 of 1663
128
Exotic Animals - - -
General - - -
Hogs - - -
Small Animals - - -
Family Food Production - - -
Educational Animal Project - - -
Zoo - - -
Petting Zoo
Animal Specialty Services See categories below
Farm - - -
Pet - U S
Kennel - U S
Kennel, Small Breeding - U S
Auction Sales See categories below
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 See categories below
Family Day Care Homes P P P
Child Care Centers S S S
Commercial Cannabis See categories below
Cultivation - - -
Distribution - - -
Manufacturing - - -
Non-Storefront (Delivery) Retail Sales - - -
Laboratory Testing - - -
Communications Services See categories below
Type I PI PI PI
Type II - - -
Type III - - -
Type IV PI PI PI
Community Assembly - - -
Construction Sales - PI PI
Construction Services See categories below
ATTACHMENT C
Item 8.1
Mountain House Page 746 of 1663
129
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 See categories below
Convenience PI PI PI
Full-service PI PI PI
Educational Services See categories below
Commercial S PI PI
General - - -
Equipment Sales and Repair See categories below
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 See categories below
Cemeteries - - -
Interring and Cremating - - -
Undertaking - - -
Gasoline Sales See categories below
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 See categories below
On-Premises, General - - U -
On-Premises, Limited - - U -
Off-Premises - - U -
Lodging Services See categories below
Bed and Breakfast - - -
Motel - - -
Major Impact Services - - -
ATTACHMENT C
Item 8.1
Mountain House Page 747 of 1663
130
Medical Services S - -
Nursery Sales and Services See categories below
Wholesale - S S
Retail - - -
Landscaping Services - S S
Personal Storage - S PI
Petroleum and Gas Extraction S S S
Produce Sales See categories below
Farm Produce Stands - - -
Farm Markets - - -
Professional Services PI PI -
Public Services See categories below
Administrative S S S
Essential U U U
Quarry Operations - - -
Recreation See categories below
Campgrounds - - -
Indoor Participant PI PI PI
Indoor Spectator - (PI1 ) - -
Marinas - - -
Outdoor Entertainment, Large Scale - - -
Outdoor Entertainment, Small - - -
Outdoor Sports Clubs - - U
Parks - - -
Resorts - - -
Nature Preserves - - -
Recycling Services See categories below
Consumer PI PI PI
Scrap Operations - - U
Religious Assembly
Neighborhood - - -
Community - - -
Regional - - -
Research and Laboratory Services S S S
Retail Sales and Services See categories below
Primary U - -
Intermediate - - -
General - - -
Signs, Off-premises - - -
Stables See categories below
Neighborhood - - -
Commercial - - -
Transportation Services - S S
ATTACHMENT C
Item 8.1
Mountain House Page 748 of 1663
131
Truck Sales and Services See categories below
Parking - S PI
Cleaning - S PI
Stops - U U
Repairs S S S
Sales - S PI
Terminals - U U
Utility Services See categories below
Minor PI PI PI
Major PI PI PI
Wholesaling and Distribution See categories below
Light S (U1 ) S PI
Heavy - - S
1 Applies within Specific Plan III Area of Mountain House.
Wineries and Wine Cellars
Wine Cellar, Off-Site - - -
Winery, Large and Medium - - -
Winery, Boutique and Small - - -
1 APPLIES WITHIN SPECIFIC PLAN III AREA OF MOUNTAIN HOUSE.
TABLE 9-5-2.2 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
I-P
Industrial Zone
I-L
Industrial Zone
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 Plan III, two
P P P
ATTACHMENT C
Item 8.1
Mountain House Page 749 of 1663
132
(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 Mobile home - - -
Tent Revival - U -
1 Applies within Specific Plan III Area of Mountain House. 1 APPLIES WITHIN SPECIFIC PLAN III AREA OF MOUNTAIN HOUSE.
CHAPTER 3. INDUSTRIAL ZONES: LOT AND STRUCTURE REGULATIONS 9-5-301 Intent.
The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the industrial zones consistent with the policies and principles of the General Plan. 9-5-302 Planned DevelopmentsReserved.
The provisions of this Chapter may be modified pursuant to Chapter 15 of Division 8, Planned Development Zone.
9-5-303 Lot Area.
Lots within the industrial zones shall have the minimum areas set forth in Table 9-5-3.1. 9-5-304 Lot Width.
Lots within the industrial zones shall not have a width less than that set forth in Table 9-5-3.1.
9-5-305 Yard Dimensions.
Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-5-3.1. (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 3 of Division 10). (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.
ATTACHMENT C
Item 8.1
Mountain House Page 750 of 1663
133
(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 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.
9-5-306 Height.
Buildings and structures in industrial zones shall not exceed the maximum building heights specified in Table 9-5-3.1, except as provided below:
(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.
ATTACHMENT C
Item 8.1
Mountain House Page 751 of 1663
134
9-5-307 Building Coverage.
The percentage of the total area of any lot which may be occupied by buildings and structures in the industrial zones shall not exceed that set forth in Table 9-6-3.19-5-3.1. 9-5-308 Access.
All principal uses within the industrial zones of Specific Plan III shall have access to a City maintained road, a road maintained by the City, or a privately maintained road with public access.
Within other areas of Mountain House, all principal uses in the industrial zones shall have access to a City maintained road. Flag lots are not permitted in the industrial zones. 9-5-309 Minimum Dimensions of 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.
TABLE 9-5-3.1 LOT AND STRUCTURE STANDARDS
Zon
ing
District
Mini
mum Lot
Size (square
feet)
Mini
mum Lot
Width (feet)
Maxi
mum
Building
Height
(stories)
Maxi
mum
Building
Coverage
(Percent)
Depth:
Width
Ratio5
I-P 10,00
0 100
(N/A1 )
3 (5, 2 ) 60 3:1
I-L 10,00
0 100 2 60 3:1
I-G 10,00
0 100 2 60 3:1
SETBACK REQUIREMENTS**
Zoning
District
Arterial
Street (feet)
Collector
and
Local Streets
(feet)
Side
Setback (feet)
Rear
Setback (feet)
I-P 20 (-3 ) 20 (-3 ) - (-4 ) -
I-L 20 20 - -
I-G 15 15 - -
* See Sections 9-5-303 through 9-5-309 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. 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
ATTACHMENT C
Item 8.1
Mountain House Page 752 of 1663
135
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′.
5 There is no depth to width ratio in the Specific Plan III area.
DIVISION 6. AGRICULTURAL ZONES
CHAPTER 1. AGRICULTURAL ZONES: INTENT AND ORGANIZATION
9-6-101 Title and Intent.
Division 6 constitutes the agricultural zones. The intent of this Division is to prescribe use, lot, and structure regulations for agricultural zones within the City of Mountain House, consistent with the Land Use portion of the General Plan. The names and intents of the agricultural zones are as follows:
(a) AU Zone. The Agriculture-Urban Reserve (AU) Zone is intended to retain in agriculture those areas planned for future urban development in order to facilitate compact, orderly urban development and to assure the proper timing and economical provision of services and utilities. This zone also is intended to implement the Agriculture-Urban Reserve land use category of the General Plan.
CHAPTER 2. AGRICULTURAL ZONES: USE REGULATIONS
9-6-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed within agricultural zones, consistent with the policies and principles of the General Plan. 9-6-202 Permitted Use Types.
Permitted, not permitted and conditionally permitted use types in the AU zone shall be as provided in Table 9-6-2.1.
9-6-203 Expansion of Uses and Structures.
Uses or structures that require discretionary review may be expanded with an Improvement Plan, provided the following conditions are met:
(a) The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and (b) The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and
(c) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and
(d) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-6-2.1. 9-6-204 Accessory Uses and Structures.
Permitted, not permitted and conditionally permitted accessory uses and structures in the
ATTACHMENT C
Item 8.1
Mountain House Page 753 of 1663
136
AU zone shall be as provided in Table 9-6-2.29-6-2.1. Accessory uses or structures not specifically listed in Table 9-6-2.2 may be permitted with an improvement plan, provided:
(a) The proposed accessory use or structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing principal use type; and (b) The proposed accessory use or structure involves less than a ten percent (10%) increase in the overall site area covered by the existing use type; and (c) The proposed accessory use or structure, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and (d) The proposed accessory use or structure will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or (e) Where conditions in Subsections (a) through (d) of this section are not met, the level of review for the accessory use or structure shall be the same as the level of review required for the primary use or structure.
9-6-205 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures in the AU zone shall be as provided in Table 9-6-2.3. Temporary uses or structures not specifically listed in Table 9-6-2.3 may be allowed, subject to an Improvement Plan. 9-6-206 Special Use Regulations.
In addition to the provisions of Sections 9-6-201 through 9-605.59-6-205, the following Special Use Regulations shall apply to the uses or use types specified below:
(a) Accessory Dwelling Units. An accessory dwelling unit and a junior accessory dwelling unit are permitted, subject to the provisions of Chapter 1413 of Division 8. (b) Agricultural Processing.
(1) A use classified under the Agricultural Processing use type may be expanded provided all of the following conditions are met:
(A) The use was lawfully in existence at the time the property was rezoned to AG; (B) The expansion involves less than a fifty percent (50%) increase in floor area; (C) The expansion involves less than a twenty-five percent (25%) increase in overall site area; and
(D) The expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency.
(2) If a proposed expansion does not comply with the above, a new use permit shall be required.
(c) Reserved.
(d) Deleted.
(e) Power-Generating Facility. A permit approval shall be subject to all of the following findings:
(1) The source of the power requires locating the use in an area designated as Agriculture or Resource Conservation in the General Plan; (2) The use will not have a significantly detrimental effect on agricultural activities in the vicinity; and
(3) The site of the use can be rehabilitated for agricultural production or a permitted use in the AG zone if the power source is temporary.
(fd) Resource Recovery. A permit approval shall be subject to all of the following
ATTACHMENT C
Item 8.1
Mountain House Page 754 of 1663
137
findings:
(1) The nature of the materials processed and the operational characteristics of the use require a location outside of an urban area as designated on the General Plan. (2) The facility only converts waste products from agricultural operations to other useable products.
(ge) Agricultural Truck Parking. A permit approval for truck parking as an accessory use in an agricultural zone shall be subject to the following minimum requirements:
(1) The property contains a minimum of two (2) acres for up to one (1) truck and two (2) trailers, and four (4) acres for up to two (2) trucks and four (4) trailers; (2) The property fronts on a City-maintained road with a minimum twenty (20) foot width of pavement;
(3) The property contains the residence of the owner-operator of the truck(s); (4) No employees, other than members of the owner-operator’s immediate family, are allowed in the agricultural truck parking operation;
(5) One (1) accessory structure only is allowed for maintenance and repair of the permitted trucks and trailers.
(hf) Temporary Farm LaborEmployee Housing. Permit approval shall be subject to the following minimum requirements:
(1) The housing must be used in conjunction with work performed on the site or on property owned or leased by the owner;
(2) The housing may not be occupied for more than eight (8) weeks per year; and (3) The housing must be under permit of the Environmental Health Division. (ig) Equipment Sales and Repair, Farm Machinery, Sales. Permit approval shall be subject to the following requirements:
(1) The use type shall only be established where the proposed use or project has direct access to a Collector or higher classification roadway. (jh) Agricultural Urban Reserve Zones. Existing uses in the Agricultural Urban Reserve Zone which are consistent with the General Plan may be expanded or changed to other uses which are consistent with the General Plan, subject to a Site Approval, unless another discretionary approval is specified by this Title.
(ki) Open Space/Resource Conservation Area. In areas designated as Open Space/Resource Conservation on the General Plan Map, all uses or use types shall require Site Approval, except:
(1) When another discretionary approval is specified by the Title. (2) At the discretion of the Director, an Improvement Plan may be permitted in the following cases:
(A) Expansions of less than twenty-five percent (25%) to existing structures, or (B) New accessory uses or structures that comply with the requirements in Section 9-6-203.
(l)—(n) Deleted.
(oj) No more than twenty-five percent (25%) of the kennel building area may be used for pet grooming.
(p)—(t) Deleted.
(uk) Veterans Organizations. In the AU zone, Veterans Organizations may only be
ATTACHMENT C
Item 8.1
Mountain House Page 755 of 1663
138
located in existing Community Assembly facilities, and the facilities may not be rented. (vl) Permit Type Required for Change in Existing Use. Any change in an existing use to a new use which requires either a Use Permit, a Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use.
(w) Deleted.
(x) Deleted.
(y) Public Display of Fireworks. An Improvement Plan shall be required for all public displays of fireworks and are subject to the following regulations:
(1) An Improvement Plan shall be approved a minimum of two (2) weeks prior to the proposed public display of fireworks. An approved Operational Fire permit shall be submitted with every Improvement Plan.
(2) All property owners of parcels adjacent to the parcel(s) approved by the Improvement Plan shall be notified of the details of the public display of fireworks which shall include the date of the event, time of event, and length of time for the fireworks display. The Community Development Department shall notify property owners in writing a minimum of one (1) week prior to the public display of fireworks date. (3) The Community Development Department shall notify the appropriate Municipal Advisory Council in writing a minimum of one (1) week prior to the public display of fireworks date if a public display of fireworks is proposed on a parcel located within a Municipal Advisory Council district.
9-6-207 Prohibited Uses.
All uses, including, but not limited to, flooding inconsistent with generally accepted agricultural practices or which presents or could present a threat to the physical integrity of Delta levees, on land with a general plan designation of AG and located within the Primary Zone of the Sacramento-San Joaquin Delta are prohibited, except:
(a) Allowed uses as identified in Tables 9-6-2.1, and in Sections 9-6-203 and 9-6-204 of the City of Mountain House Development Title;
(b) The Delta Wetlands Project as defined in the 2011 Delta Wetlands Project Place of Use Environmental Impact Report and reflected in the protest dismissal and settlement agreement reached in the matter of Central Delta Water Agency et al. v. Semitropic Water Storage District et al., San Francisco County Superior Court Case No. CPF-II-51175; and (c) Easements obtained under the San Joaquin Multispecies Habitat Conservation Plan, but not greater than eighty (80) cumulative acres by a single entity.
TABLE 9-6-2.1 USES IN AGRICULTURAL ZONES
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
ATTACHMENT C
Item 8.1
Mountain House Page 756 of 1663
139
Use Types AU
Residential Use Types
Family Residential See categories below
Single-Family P
Two-Family -
Small Multifamily -
Large Multifamily -
Farm Employee Housing : - See categories below
Small P
Large -
Group Care See categories below
Small P
Large -
Adult Day Care -
Farm Related -
Group Residential -
Mobile Home Park -
Emergency Shelters: See categories below
Small P
Medium -
Large -
Nonresidential Use
Administrative Offices -
Administrative Support Services -
Adult Entertainment -
Aerial Services See categories below
Farm -
Heliport -
Agricultural Organizations -
Agricultural Processing See categories below
Preparation Services -
Food Manufacturing -
Agricultural Sales See categories below
Feed and Grain -
Agricultural Chemical -
Agricultural Warehousing -
Agricultural Wastes -
Animal Feeding and Sales -
Animal Raising See categories below
Exotic Animals S
General P
Hogs -
Small Animals S
ATTACHMENT C
Item 8.1
Mountain House Page 757 of 1663
140
Family Food Production P
Educational Animal Project P
Zoo -
Petting Zoo -
Animal Specialty Services See categories below
Farm -
Pet -
Kennel -
Kennel, Small Breeding -
Auction Sales See categories below
Indoor -
Outdoor -
Automotive Sales and Services See categories below
Automotive Rentals -
Automotive Repairs, Light -
Automotive Repairs, Heavy -
Automotive Sales -
Cleaning -
Inoperable Vehicle Storage -
Operable Vehicle Storage -
Parking -
Building Maintenance Services -
Child Care Services See categories below
Family Day Care Homes P
Child Care Centers S
Commercial Cannabis See categories below
Cultivation -
Distribution -
Manufacturing -
Non-Storefront (Delivery) Retail Sales -
Laboratory Testing -
Communications Services See categories below
Type I -
Type II -
Type III -
Type IV -
Community Assembly -
Construction Sales -
Construction Services See categories below
Light -
Heavy -
Crop Production P
Cultural and Library Services -
ATTACHMENT C
Item 8.1
Mountain House Page 758 of 1663
141
Custom Agricultural Manufacturing -
Custom Manufacturing -
Dairies -
Eating Establishments See categories below
Convenience -
Full-service -
Educational Services See categories below
Commercial -
General -
Equipment Sales and Repair See categories below
Farm Machinery, Sales -
Farm Machinery, Repair -
Heavy Equipment -
Leisure -
Aircraft -
Explosives Handling -
Farm Services -
Funeral and Interment Services See categories below
Cemeteries -
Interring and Cremating -
Undertaking -
Gasoline Sales See categories below
Service -
Combination -
General Industrial See categories below
Limited -
Intermediate -
Heavy -
Hazardous Industrial -
High Technology Industry -
Laundry Services -
Liquor Sales See categories below
On-Premises, General -
On-Premises, Limited -
Off-Premises -
Lodging Services See categories below
Bed and Breakfast -
Motel -
Major Impact Services U
Medical Services -
Nursery Sales and Services See categories below
Wholesale PI
Retail -
ATTACHMENT C
Item 8.1
Mountain House Page 759 of 1663
142
Landscaping Services S
Personal Storage -
Petroleum and Gas Extraction S
Produce Sales See categories below
Farm Produce Stands PI
Farm Markets S
Professional Services -
Public Services See categories below
Administrative -
Essential S
Quarry Operations -
Recreation See categories below
Campgrounds U
Indoor Participant -
Indoor Spectator -
Marinas -
Outdoor Entertainment, Large Scale -
Outdoor Entertainment, Small -
Outdoor Sports Clubs -
Parks U
Resorts -
Nature Preserves -
Recycling Services See categories below
Consumer -
Scrap Operations -
Religious Assembly See categories below
Neighborhood -
Community -
Regional -
Research and Laboratory Services -
Retail Sales and Services See categories below
Primary -
Intermediate -
General -
Signs, Off-premises -
Stables See categories below
Neighborhood S
Commercial U
Transportation Services -
Truck Sales and Services See categories below
Parking -
Cleaning -
Stops -
ATTACHMENT C
Item 8.1
Mountain House Page 760 of 1663
143
Repairs -
Sales -
Terminals -
Utility Services See categories below
Minor PI
Major PI
Wholesaling and Distribution See categories below
Light -
Heavy -
Wineries and Wine Cellars
Wine Cellar, Off-Site -
Winery, Large and Medium* -
Winery, Boutique and Small -
TABLE 9-6-2.2 ACCESSORY USES AND STRUCTURES IN AGRICULTURAL ZONE 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) mile radius of the premises
P
Garage, Private (up to three (3)
vehicles)
P
Greenhouse, Private P
Guesthouse P
Horse Raising P
Nonresidential Mobile home 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
ATTACHMENT C
Item 8.1
Mountain House Page 761 of 1663
144
Truck Parking (Agricultural) S
Water Storage Facility P
Wind Machine, Private P
Workshop/Hobby Shop P
TABLE 9-6-2.3 TEMPORARY USES AND STRUCTURES IN AGRICULTURAL ZONE 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 Mobile home P
Tent Revival U
CHAPTER 3. AGRICULTURAL ZONES: LOT AND STRUCTURE REGULATIONS 9-6-301 Intent.
The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the agricultural zones consistent with the policies and principles of the General Plan.
ATTACHMENT C
Item 8.1
Mountain House Page 762 of 1663
145
9-6-302 Lot Area.
Lots in the agricultural zones shall have the minimum areas set forth in Table 9-6-3.1, except as modified by Section 9-6-303.
9-6-303 Area ExceptionsReserved.
The following exceptions to the minimum lot area regulations in Table 9-6-3.1 are permitted:
(a) Homesite Parcels. Homesite parcels may be approved in the AG zone, provided all of the following provisions are satisfied:
(1) Not more than one (1) homesite parcel may be created from an existing parcel; however, under no circumstances shall the number of parcels resulting from the division exceed the maximum number of parcels permissible under the General Plan density. In determining how many homesite parcels have been created from an existing parcel, all homesite parcels created from an existing parcel since July 29, 1992, the date of the adoption of the General Plan, shall be counted;
(2) The homesite parcel shall contain not less than two (2) acres nor more than five (5) acres. A homesite parcel created from property under Williamson Act contract shall also comply with Section 66474.4 of the Government Code, which permits the creation of such homesite parcels provided a residence has existed on the property proposed to be divided for five (5) years and the property owner has owned the property for ten (10) years; (3) A Minor Subdivision application proposing the creation of a homesite parcel from an existing parcel shall not be approved by the Review Authority if the owner of the existing parcel has owned the existing parcel for less than ten (10) years. If the Minor Subdivision application is approved, the homesite parcel which is created shall not be transferred for a period of ten (10) years following the date of its approval or upon the death of an owner owning at least fifty (50) percent interest in the homesite parcel, unless the homesite parcel and the remainder parcel are merged pursuant to the provisions of this Title.
(4) A building permit for a single-family dwelling for each homesite parcel shall be issued concurrently with the filing for record of the parcel map. (5) After the creation of a homesite parcel under this subsection, no further homesite parcels may be created on the remainder parcel except for financing purposes as set forth below in subsection (b).
(b) Homesite Parcels for Financing Purposes Only. Homesite parcels created for financing purposes only may be approved in the AG zone, provided all of the following provisions are satisfied:
(1) Neither the homesite parcel nor the remainder parcel may be voluntarily transferred separately from the other parcel; however, if an institutional lender forecloses on either parcel, either parcel may be transferred separately in accordance with the power of sale provisions contained in the deed of trust;
(2) Upon repayment of the loan, the owner of the homesite parcel shall merge the homesite parcel with the remainder parcel, as provided for in this Title, unless the owner of the homesite parcel acquired the homesite parcel through a foreclosure action, or unless the owner refinances the loan.
(3) The remainder parcel shall remain a nonbuildable site for primary dwelling units. (4) All homesite parcels created for financing purposes only shall contain not less than two (2) acres nor more than five (5) acres.
ATTACHMENT C
Item 8.1
Mountain House Page 763 of 1663
146
(c) Homesite and remainder parcels approved under the provisions of subsections (a) and (b) above shall have a notice recorded by separate instrument concurrently with the parcel map to indicate the restrictions specified in said subsection. A note shall also be placed on the parcel map indicating said restrictions with a reference to the instrument number of said recorded notice.
The restrictions specified in this subsection shall terminate if the subject property is reclassified to a nonagricultural zone or to an agricultural zone with a five (5) acre minimum. (d) Parcels for Certain Specified Uses. Parcels containing less area than the minimum required in Table 9-6-3.1 may be created for the purpose of providing a separate lot for an existing use or a use granted by permit in the AG zone, subject to the following conditions:
(1) The existing use, or use granted by permit, is classified under one (1) or more of the following use types:
(A) Agricultural Processing;
(B) Agricultural Organizations;
(C) Agricultural Sales;
(D) Agricultural Warehousing;
(E) Animal Feeding and Sales;
(F) Animal Specialty Services, Farm;
(G) Educational Services, General;
(H) Equipment Sales and Repair:
(i) Farm Machinery, Sales, and
(ii) Farm Machinery, Repair.
(I) Major Impact Services;
(J) Nursery Sales and Services: Wholesale;
(K) Public Services;
(L) Recreation:
(i) Campgrounds; and
(ii) Marinas.
(M) Religious Assembly;
(N) Stables;
(O) Utility Services;
(P) Farm Services;
(Q) Limited Agricultural Recycling;
(R) Custom Agricultural Manufacturing; and
(S) Aerial Services-Farm.
(2) The parcel to be created will be reduced to the least area required to conduct the operation;
(3) The remainder parcel shall meet the minimum lot area requirements specified in Table 9-6-3.1;
(4) A dwelling unit may be allowed on such resulting parcels only as an accessory use; and
(5) The proposed subdivision of property complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract. (e) Parcels For Dwellings on Same Lot. Two (2) parcels, each containing one (1) habitable single-family dwelling and each consisting of less area and/or width than required in Table 9-6-3.1, may be created from an original parcel for the purpose of providing a separate lot for each dwelling, subject to the following conditions:
ATTACHMENT C
Item 8.1
Mountain House Page 764 of 1663
147
(1) The single-family dwellings were erected prior to February 9, 1961; and (2) The proposed subdivision of property complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract. (f) Parcels Based on Lot-Size Averaging. Parcels of land containing up to ten (10) percent less area than the minimum area required in Table 9-6-3.1 may be created from an original parcel, subject to the following conditions:
(1) The overall average parcel area of the proposed subdivision is equal to or greater than the minimum parcel area required in Table 9-6-3.1; and (2) The proposed subdivision of property complies with Sections 51230.1 and 66474.4 of the Government Code if the property to be divided is under a Williamson Act Contract. (g) AU Zoning in New Communities. Parcels zoned AU in a new or expanded community shall have, at minimum, a forty (40) acre lot area assigned to the AU zone. After the required Master Plan has been approved for the new or expanded community, the twenty (20) acre minimum may be assigned.
9-6-304 Lot Width.
Lots within the agricultural zones shall not have a width less than that set forth in Table 9-6-3.1.
9-6-305 Yard Dimensions.
Yards within the agricultural zones shall have the minimum depths set forth in Table 9-6-3.1, except as modified below:
(a) Reduction of Required Yards. Required yards may be reduced as follows:
(1) If the subject lot has less width than the required width specified in Table 9-6-3.1, the side yard or street side yard may be reduced to ten percent (10%) of the width of the lot, provided the side yard is not less than four (4) feet in width and the street side yard is not less than ten (10) feet in width.
(2) If the subject lot is less than seventy-five (75) feet in width, the street side yard may be reduced to ten (10) feet in width.
(b) Structures within Required Yards. The following structures may be located in or extend within required yards, subject to the provisions specified:
(1) Architectural features, subject to the provisions of Chapter 9-10103 of Division 10; (2) Screening, including fences and gates, subject to the provisions of Chapter 6 of Division 10 (Fencing and Screening) of this Title;
(3) Additions to nonconforming single-family dwellings, subject to the provisions of Chapter 8 of Division 2; and
(4) Structures adjacent to and associated with railroad spurs. 9-6-306 Height.
Buildings and structures within the agricultural zones shall not exceed the heights set forth in Table 9-6-3.1, except as provided by Chapter 2 of Division 10; screening devices, including fences, gates, and gateposts, shall comply with the height requirements specified in Chapter 2 of Division 10.
9-6-307 Building Coverage.
The percentage of the total area of any lot which may be occupied by buildings in the
ATTACHMENT C
Item 8.1
Mountain House Page 765 of 1663
148
agricultural zones shall not exceed that set forth in Table 9-6-3.1. 9-6-308 Minimum Dimensions of Corner Lots.
For corner lots proposed after the adoption of this Title:
(a) The minimum width shall be sixty-five (65) feet, and (b) The minimum depth shall be sixty-five (65) feet.
TABLE 9-6-3.1 STANDARDS FOR MINIMUM LOT AREA & WIDTH, YARD DIMENSIONS, HEIGHT, BUILDING COVERAGE, AND DEPTH:WIDTH RATIO1
AG AL AU ARM
Lot Area (acres) 2 3 4 9
Lot Width (feet)5 330 200 330 330
Yard Dimensions (feet)8
Front and Street Side - Regular 30 30 30 30
Front and Street Side - Right-of-Way
less than 50′
55 55 55 55
Side 10 10 10 10
Rear - Appurtenant to main buildings 30 30 30 30
Rear - Appurtenant to accessory
buildings
15 15 15 15
Rear - Reverse corner lots 10 10 10 10
Height (feet)7
Dwellings 356 356 35 356
Buildings accessory to dwellings 3510 3510 18 3510
Other structures none none none none
Building Coverage (%) N/A N/A N/A N/A
Depth:Width Ratio6 4:1 4:1 4:1 4:1
Notes:
1 See Sections 9-6-302 through 9-6-308 for exceptions and modifications. 2 The following lot area provisions apply to the AG Zone:
(a) Lots zoned “AG-20” shall be at least twenty (20) acres. (b) Lots zoned “AG-40” shall be at least forty (40) acres. (c) Lots zoned “AG-80” shall be at least eighty (80) acres. (d) Lots zoned “AG-160” shall be at least one hundred sixty (160) acres 3 The following lot area provisions apply to the AL Zone:
(a) Lots zoned “AL-5” shall be at least five (5) acres. (b) Lots zoned “AL-10” shall be at least ten (10) acres. 4 The following lot area provisions apply to the AU Zone:
(a) Lots zoned “AU-20” shall be at least twenty (20) acres. (b) Lots zoned “AU-40” shall be at least forty (40) acres. (c) Lots zoned “AU-80” shall be at least eighty (80) acres. (d) Lots zoned “AU-160” shall be at least one hundred sixty (160) acres. 5 For homesite parcels, the minimum lot width shall be one hundred fifty (150) feet. 6 See Section 9-9-209 for exceptions.
7 For parcels containing twenty (20) or more acres, there shall be no maximum height for
ATTACHMENT C
Item 8.1
Mountain House Page 766 of 1663
149
dwellings.
8 The minimum setback from all property lines for dwellings over thirty-five (35) feet in height shall be twice the maximum height of the dwelling, with a minimum setback of one hundred fifty (150) feet.
9 (a) Lots zoned “ARM-20” shall be at least twenty (20) acres. (b) Lots zoned “ARM-40” shall be at least forty (40) acres. (c) Lots zoned “ARM-80” shall be at least eighty (80) acres. (d) Lots zoned “ARM-160” shall be at least one hundred sixty (160) acres. 10 See Section 9-10-203 for height criteria.
N/A Not applicable.
Setbacks for yards shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the General Plan or applicable Specific Plan or Special Purpose Plan.
NOTES:
1 See Sections 9-6-302 through 9-6-308 for exceptions and modifications. 2 The following lot area provisions apply to the AG Zone:
(a) Lots zoned “AG-20” shall be at least twenty (20) acres. (b) Lots zoned “AG-40” shall be at least forty (40) acres. (c) Lots zoned “AG-80” shall be at least eighty (80) acres. (d) Lots zoned “AG-160” shall be at least one hundred sixty (160) acres 3 The following lot area provisions apply to the AL Zone:
(a) Lots zoned “AL-5” shall be at least five (5) acres. (b) Lots zoned “AL-10” shall be at least ten (10) acres. 4 The following lot area provisions apply to the AU Zone:
(a) Lots zoned “AU-20” shall be at least twenty (20) acres. (b) Lots zoned “AU-40” shall be at least forty (40) acres. (c) Lots zoned “AU-80” shall be at least eighty (80) acres. (d) Lots zoned “AU-160” shall be at least one hundred sixty (160) acres. 5 For homesite parcels, the minimum lot width shall be one hundred fifty (150) feet. 6 See Section 9-9-209 for exceptions.
7 For parcels containing twenty (20) or more acres, there shall be no maximum height for dwellings.
8 The minimum setback from all property lines for dwellings over thirty-five (35) feet in height shall be twice the maximum height of the dwelling, with a minimum setback of one hundred fifty (150) feet.
9 (a) Lots zoned “ARM-20” shall be at least twenty (20) acres. (b) Lots zoned “ARM-40” shall be at least forty (40) acres. (c) Lots zoned “ARM-80” shall be at least eighty (80) acres. (d) Lots zoned “ARM-160” shall be at least one hundred sixty (160) acres. 10 See Section 9-1005.3 for height criteria.
N/A Not applicable.
Setbacks for yards shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the General Plan or applicable Specific Plan or Special Purpose Plan.
ATTACHMENT C
Item 8.1
Mountain House Page 767 of 1663
150
DIVISION 7. OTHER ZONES
CHAPTER 1. OTHER ZONES: INTENT AND ORGANIZATION
9-7-101 Title and Intent.
Division 7 constitutes the Other Zones. The purpose of this Division is to prescribe use, lot, and structure regulations for zones other than residential, commercial, or industrial zones within the City of Mountain House, consistent with the Community Development portion of the General Plan. The names and intents of the Other Zones are as follows:
(a) P-F Zone. The public facilities (P-F) zone 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.
CHAPTER 2. OTHER ZONES: USE REGULATIONS
9-7-201 Intent.
The intent of this Chapter is to specify the range of uses and structures allowed in Other Zones, consistent with the policies of the General Plan. 9-7-202 Permitted Use Types.
Permitted, not permitted, and conditionally permitted use types are set forth in Table 9-7-2.1. Use types are described in Chapter 4 of Division 1. 9-7-203 Accessory Uses and Structures.
Accessory uses or structures 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
ATTACHMENT C
Item 8.1
Mountain House Page 768 of 1663
151
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.
9-7-204 Temporary Uses and Structures.
Permitted, not permitted and conditionally permitted temporary uses and structures shall be as provided in Table 9-7-2.3. Temporary uses or structures not specifically listed in Table 9-7-2.3 may be allowed, subject to an Improvement Plan. 9-7-205 Special Use Regulations in the M-X Zone.
In addition to the provisions of Sections 9-7-201 through 9-7-204, the following Special Use Regulations shall apply in the Mixed-Use Zone:
(a) In addition to the following requirements, the design guidelines, standards, and specific requirements contained in the Design Guidelines Manual shall apply:
(1) The floor area ratio of all building and structures on a specific single lot shall not exceed 4:1, except public buildings which shall not exceed 6:1. (2) Streets within the mixed-use project shall consist of either local residential or local commercial streets, except:
(A) An entrance street to the mixed-use project may be a divided and landscaped boulevard.
(B) Existing streets in developed areas.
(3) Streets shall have frequent intersections, consisting of blocks that are no more than one thousand four hundred (1,400) feet in length and normally no more than six hundred (600) feet in length.
(4) Street trees shall be required at a minimum of thirty (30) foot intervals. (5) There shall be at least one (1) central public space in the mixed-use project. (6) There shall be at least one (1) linear foot of seating capacity per thirty (30) square feet of public space.
(7) At least twenty percent (20%) of the total square footage in the project shall be devoted to residential uses.
(8) There shall be at least one (1) main retail block in which at least seventy-five percent (75%) of the ground floor linear frontage is retail. (9) The blocks adjacent to the main retail block(s) shall contain either:
(A) Ground floor frontage in which at least fifty percent (50%) of the linear block shall be devoted to any combination of:
(i) Retail uses.
(ii) Entertainment services, except radio and television studios. (iii) Eating and drinking establishments.
(B) Public open space.
(10) Surface parking lots are not permitted on the main retail block(s) or adjacent retail in parking structures, underground, behind structures, or in the interior of a block. (11) The face of all buildings shall be adjacent to the sidewalk, except:
(A) In areas that are predominately residential (more than seventy-five percent (75%) of the block), set backs may be no more than ten (10) feet; the set back of each block face must be consistent.
(B) Public buildings.
(C) In existing areas, buildings will follow the existing setback.
ATTACHMENT C
Item 8.1
Mountain House Page 769 of 1663
152
(b) Each mixed use project shall develop its own specific, detailed design guidelines. (c) Specific requirements of the mixed-use zone may be modified or waived by the Director if it is demonstrated that the alternative will produce a superior project. (d) 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.
(e) 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.
9-7-206 Special Use Regulations in the Public Facilities Zone.
In addition to the provisions of Sections 9-7-201 through 9-7-204, the following Special Use Regulations shall apply in the Public Facilities Zone:
(a) Accessory Uses and Structures. Only accessory residential structures for the owner-operator and/or employees who work on the site shall be permitted. (b) Deleted.
(c) Veterans Supportive Housing. Veterans supportive housing may be permitted in the P-F zone subject to the following requirements:
(1) An Improvement Plan shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or less than forty-nine (49). The design, evaluation, and site assessment for this Improvement Plan shall be in substantial compliance with all regulations and requirements in Sections 9-7-205(c)(3) through (c)(10). (2) A Site Approval shall be required for projects where the total number of cumulative units for veterans supportive housing is equal to or greater than fifty (50) and where the project is not in compliance with existing CEQA review.
(3) Development shall occur on parcels located within one-half (½) mile of a State or Federal Interstate.
(4) Development shall occur on parcels with primary frontage on a Minor Arterial or higher classification roadway.
(5) Development shall occur on parcels located within one-quarter (¼) mile of a County owned hospital.
(6) Development shall comply with multi-family residential project landscaping requirements contained in Section 9-10-506(a) of the Development Title and parking landscaping requirements contained in Section 9-10-505 of the Development Title. (7) Signs shall comply with the regulations for multi-family residential projects contained in Section 9-17-3049-17-108(b).
(8) Veterans supportive housing shall be served by public water, sewer, and storm drainage.
(9) If during the course of construction, including any grading activity associated with said construction, subsurface cultural resources are uncovered anywhere within the project site, work shall be immediately halted in the vicinity of the finding and a qualified cultural resources specialist consulted for an on-site evaluation.
(10) 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 an archaeological test excavation and/or mitigative data recovery.
ATTACHMENT C
Item 8.1
Mountain House Page 770 of 1663
153
(d) Communications Services Type II may be permitted only on land owned by the City.
9-7-207 Reserved.
9-7-208 Special Use Regulations in Other Zones.
In addition to the provisions of Sections 9-7-2.1 through 9-7-204, the following Special Use Regulations shall apply to the Other Zones:
(a) Commercial and Industrial Uses. Unless the permit type is more restrictive, a Site Approval is required for any commercial or industrial use that is:
(1) Six thousand (6,000) square feet or greater in ground floor area; (2) Occupies ten (10) or more acres of site area;
(3) Not served by a public wastewater treatment plant, public water system, and a public drainage system.
(b) Improvement Plan for Areas with Special Purpose Plan. An Improvement Plan shall replace the permit type specified in Table 9-7-2.1 for a given use if a Special Purpose Plan has been adopted for the site on which said use is to be located and the use is consistent with the Special Purpose Plan.
(c) Permit Type Required for Change in Existing Use. Any change in an existing use to a new use which requires either a Use Permit, a Site Approval, or an Improvement Plan shall be permitted without a Use Permit, Site Approval, or Improvement Plan, provided the Review Authority finds that the proposed use is less detrimental to, or will have no greater impact in, the zone than the existing use.
(d) Public Display of Fireworks. An Improvement Plan shall be required for all public displays of fireworks and are subject to the following regulations:
(1) An Improvement Plan shall be approved a minimum of two (2) weeks prior to the proposed public display of fireworks. An approved Operational Fire permit shall be submitted with every Improvement Plan.
(2) All property owners of parcels adjacent to the parcel(s) approved by the Improvement Plan shall be notified of the details of the public display of fireworks which shall include the date of the event, time of event, and length of time for the fireworks display. The Community Development Department shall notify property owners in writing a minimum of one (1) week prior to the public display of fireworks date. 9-7-209 Design Guidelines.
Design Guidelines shall be submitted for consistency review prior to approval of the final map or parcel map or other Development Permit.
TABLE 9-7-2.1 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
ATTACHMENT C
Item 8.1
Mountain House Page 771 of 1663
154
Use Types P-F M-X
Residential Use Types
Family Residential See categories below
Single-Family - PI
Two-Family - PI
Small Multifamily - PI
Large Multifamily - S
Farm Employee Housing See categories below
Small - -
Large - -
Group Care See categories below
Small - P
Large S -
Adult Day Care S -
Farm Related - -
Group Residential S U
Mobile Home Park - -
Emergency Shelters: See categories below
Small - P
Medium - -
Large - -
Nonresidential Use
Administrative Offices - PI
Administrative Support Services - PI
Adult Entertainment - S
Aerial Services See categories below
Farm - -
Heliport - -
Agricultural Organizations - -
Agricultural Processing See categories below
Preparation Services - -
Food Manufacturing - -
Agricultural Sales See categories below
Feed and Grain - -
Agricultural Chemical - -
Agricultural Warehousing - -
Agricultural Wastes - -
Animal Feeding and Sales - -
Animal Raising See categories below
Exotic Animals - -
General - -
Hogs - -
Small Animals - -
ATTACHMENT C
Item 8.1
Mountain House Page 772 of 1663
155
Family Food Production - -
Educational Animal Project - -
Farm - -
Zoo U -
Petting Zoo U U
Animal Specialty Services See categories below
Pet S
Kennel - -
Kennel, Small Breeding - -
Auction Sales See categories below
Indoor - S
Outdoor - -
Automotive Sales and Services See categories below
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 See categories below
Family Day Care Homes P P
Child Care Centers S S
Commercial Cannabis See categories below
Cultivation - -
Distribution - -
Manufacturing - -
Non-Storefront (Delivery) Retail Sales - -
Laboratory Testing - -
Communications Services See categories below
Type I PI PI
Type II S -
Type III - -
Type IV PI PI
Community Assembly PI S
Construction Sales - -
Construction Services See categories below
Light - -
Heavy - -
Crop Production P P
Cultural and Library Services PI PI
ATTACHMENT C
Item 8.1
Mountain House Page 773 of 1663
156
Custom Agricultural Manufacturing - -
Custom Manufacturing S -
Dairies - -
Eating Establishments See categories below
Convenience - PI
Full-service - PI
Educational Services See categories below
Commercial S S
General S S
Equipment Sales and Repair See categories below
Farm Machinery, Sales - -
Farm Machinery, Repair - -
Heavy Equipment - -
Leisure - -
Aircraft - -
Explosives Handling - -
Farm Services - -
Funeral and Interment Services See categories below
Cemeteries S -
Interring and Cremating S -
Undertaking - S
Gasoline Sales See categories below
Service - -
Combination - -
General Industrial
Limited - -
Intermediate - -
Heavy - -
Hazardous Industrial - -
High Technology Industry - -
Laundry Services - -
Liquor Sales See categories below
On-Premises, General - PI
On-Premises, Limited - PI
Off-Premises - PI
Lodging Services See categories below
Bed and Breakfast - -
Motel - S
Major Impact Services U -
Medical Services U PI
Nursery Sales and Services See categories below
Wholesale - -
Retail - S
ATTACHMENT C
Item 8.1
Mountain House Page 774 of 1663
157
Landscaping Services - -
Personal Storage - -
Petroleum and Gas Extraction U U
Produce Sales See categories below
Farm Produce Stands - PI
Farm Markets - S
Professional Services - PI
Public Services See categories below
Administrative PI PI
Essential U S
Quarry Operations - -
Recreation See categories below
Campgrounds - -
Indoor Participant S S
Indoor Spectator S U
Marinas - -
Outdoor Entertainment, Large Scale S -
Outdoor Entertainment, Small S -
Outdoor Sports Clubs - -
Parks S S
Resorts - -
Nature Preserves - -
Recycling Services See categories below
Consumer - PI
Scrap Operations - -
Religious Assembly See categories below
Neighborhood S S
Community S U
Regional U -
Research and Laboratory Services - -
Retail Sales and Services See categories below
Primary - S
Intermediate - PI
General - PI
Signs, Off-premises - -
Stables See categories below
Neighborhood - -
Commercial - -
Transportation Services - -
Truck Sales and Services See categories below
Parking - -
Cleaning - -
Stops - -
ATTACHMENT C
Item 8.1
Mountain House Page 775 of 1663
158
Repairs - -
Sales - -
Terminals - -
Utility Services See categories below
Minor P PI
Major S -
Wholesaling and Distribution See categories below
Light - -
Heavy - -
Wineries and Wine Cellars
Wine Cellar, Off-Site - -
Wineries, All Sizes - -
TABLE 9-7-2.3 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 P-F
Other
Zone 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) per year otherwise)
P P
Halloween Pumpkin Sales - PI
Motion Picture Filming P P
Special Event
Special Indoor Event - PI
Special Outdoor Event - PI
Subdivision Sales Office - PI
ATTACHMENT C
Item 8.1
Mountain House Page 776 of 1663
159
Temporary Building Incidental to Construction Works P P Temporary Mobile home - -
Tent Revival S U
1 APPLIES WITHIN SPECIFIC PLAN III AREA OF MOUNTAIN HOUSE.
CHAPTER 3. OTHER ZONES: LOT AND STRUCTURE REGULATIONS
9-7-301 Intent.
The intent of this Chapter is to regulate the size and width of individual lots, but not zones; the location and height of structures on lots; and the physical character and intensity of lot usage within the Other Zones consistent with the policies and principles of the General Plan. 9-7-302 Lot Area.
Lots within the Other Zones shall have the minimum areas set forth in Table 9-7-3.1. 9-7-303 Lot Width.
Lots within the Other Zones shall not have a width less than that set forth in Table 9-7-3.1. 9-7-304 Yard Dimensions.
Unless otherwise specified, buildings and structures shall meet the setback requirements specified in Table 9-710.2M9-7-3.1. Said setback requirements and the following exceptions shall replace the chapter concerning yards and the provisions concerning yard dimensions in the development title (Chapter 3 of Division 10).
(a) Side and Rear Setback Exceptions. Buildings on lots zoned P-F, or designated P on the Master Plan, shall maintain a forty-five degree (45°) clear setback when adjacent to lots zoned or designated on the Master Plan for residential use. (b) Setback Exceptions for Off-Street Parking Areas.
(1) The minimum setback for off-street parking areas adjacent to streets shall be ten (10) feet in the P-F zone.
(2) The minimum setback for off-street parking areas adjacent to lots zoned or designated on the Master Plan for residential use shall be ten (10) feet. (c) Setback Exceptions for Other Specified Structures.
(1) Fire Escapes. Fire escapes shall not extend or project more than four (4) feet beyond the setback line.
(2) Stairways and Balconies. Open, unenclosed stairways or balconies not covered by a roof or canopy, shall not extend or project more than four (4) feet beyond the side or rear setback line, and shall not extend or project more than thirty (30) inches beyond the front setback line. (3) Porches. Porches, platforms or landing places which do not extend above the level of the first floor of the building shall not extend or project more than five (5) feet beyond the setback line; however, any open work railing, no more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place. (4) Patio Covers. Patio covers, as defined by Chapter 49 of the Uniform Building Code, may be located within three (3) feet of the rear or side property line. (5) Eaves, Roof Overhangs and Similar Features. Eaves, roof overhangs and other
ATTACHMENT C
Item 8.1
Mountain House Page 777 of 1663
160
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. 9-7-305 Height.
Buildings and structures in the P-F and M-X zones shall not exceed the maximum building heights specified in Table 9-7-3.1, except as provided below. (See Table 4.1 of the Master Plan.) (a) Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building; (b) Skylights and chimneys;
(c) Flagpoles; and
(d) Church towers/steeples.
9-7-306 Building Coverage.
The maximum building coverage for the P-F and M-X zones shall be as provided in Table 9-7-3.1.
9-7-307 Corner Lots.
In the M-X zone, corner lots shall have a minimum width and depth of sixty-five (65) feet.
TABLE 9-7-3.1 LOT AND STRUCTURE STANDARDS
Zoning
District
Minimum
Lot Size (square
feet)
Minimum
Lot Width (feet)
Maximum
Building Height
(stories)
Maximum
Building
Coverage
(percent)
P-F - - - 100 (601 )
M-X - 50 4 100
ATTACHMENT C
Item 8.1
Mountain House Page 778 of 1663
161
SETBACK REQUIREMENTS**
Zoning
District
Arterial
Street (feet)
Collector
and Local
Streets (feet)
Side
Setback (feet)
Rear
Setback (feet)
P-F 15 15 - -
M-X - -
* See Sections 9-7-303 through 9-7-307 for exceptions and modifications. ** Unless otherwise specified, setbacks shall be measured from the planned ultimate right-of-way width of the roadway, as shown on the Master Plan or on any applicable Specific Plan.
1 Applies within Specific Plan III area of Mountain House.
DIVISION 8. APPLICATION REGULATIONS
CHAPTER 1. APPLICATION REGULATIONS: INTENT AND ORGANIZATION 9-8-101 Title and Intent.
Division 8 constitutes the Application Regulations. The intent of this Division is to prescribe regulations for the various types of permit applications that may be processed under this Title.
9-8-102 Supplemental Information.
In addition to the information contained in the permit application form, the review authority may require supplemental information in order to evaluate the land use impacts of a project.
CHAPTER 2. GENERAL PLAN AMENDMENTS
9-8-201 Intent.
It is the intent of this Chapter to provide a method for amending the General Plan, as provided in the California Government Code.
9-8-202 Requirements for Application.
Applications for General Plan Text Amendments may be initiated by any interested party.
Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required.
9-8-203 Review Procedures.
General Plan Amendment Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application.
ATTACHMENT C
Item 8.1
Mountain House Page 779 of 1663
162
(1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the General Plan Amendment Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-203.1 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 City shall be determined. (a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the Board of SupervisorsCity Council. 9-8-204 Approval.
Prior to approving an application for a General Plan Amendment, the Planning Commission and the City Council shall determine that all the following are true:
(a) The internal consistency of the General Plan is maintained in the adoption of the General Plan Amendment;
(b) The General Plan Amendment shall not adversely affect the jobs/housing program and housing affordability;
(c) The General Plan Amendment shall not adversely affect the Public Financing Plan; and
(d) All applicable provisions of the Mountain House Development Agreement have been met.
CHAPTER 3. MASTER PLANS
9-8-301 Intent.
The intent of this Chapter is to provide for the adoption and amendment of Master Plans to facilitate implementation of the General Plan for new communities or substantial expansion of existing communities. The need for a Master Plan is defined by the policies or implementation measures of the General Plan.
9-8-302 Requirements for Application.
Applications for Master Plans may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his or her authorized agent. To initiate the application, the applicant shall file a request for a preapplication conference with the Community Development Department. The Master Plan or Master Plan Amendment may be prepared by the City, its consultant, or by the applicant, as determined by the Director. A fee, as specified by resolution of the City Council, shall be required.
ATTACHMENT C
Item 8.1
Mountain House Page 780 of 1663
163
9-8-303 Review Procedures.
Master Plan applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Master Plan Application, the action is final, unless appealed to the City Council.
(b) Board of SupervisorCity Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-303.1 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 City shall be determined. (a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-304 Approval.
Prior to approving an application for a Master Plan Amendment, the Planning Commission and the City Council shall determine that the following are true:
(a) The Master Plan Amendment is consistent with the General Plan and the Public Financing Plan;
(b) The Master Plan Amendment shall not adversely affect the jobs/housing program and housing affordability; and
(c) All applicable provisions of the Mountain House Development Agreement have been met.
9-8-305 Recovery of Costs.
For a Master Plan or a Master Plan Amendment prepared at the City’s expense, the City Council may impose a Master Plan fee. The fee shall be applied to persons seeking approvals for development within the area covered by the Master Plan or Master Plan Amendment. The fee charged shall be a prorated amount determined on the basis of the amount of land proposed for development expressed as a percentage of the total land included in the applicable Master Plan or Master Plan Amendment.
CHAPTER 4. PUBLIC FINANCING PLANS
9-8-401 Intent.
The intent of this Chapter is to provide for the adoption and amendment of Public
ATTACHMENT C
Item 8.1
Mountain House Page 781 of 1663
164
Financing Plans to facilitate implementation of the General Plan for new communities or substantial expansion of existing communities. The need for a Public Financing Plan is defined by the policies or implementation measures of the General Plan. 9-8-402 Requirements for Application.
Applications for Public Financing Plans may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his or her authorized agent. To initiate an application, the applicant shall file a request for a preapplication conference with the Community Development Department. The Public Financing Plan or the Public Financing Plan Amendment shall be prepared by the City or its consultant, with information provided by the applicant. A fee, as specified by resolution of the City Council, shall be required. 9-8-403 Review Procedures.
Public Financing Plan applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Public Financing Plan Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-404 Approval.
Prior to approving an application for a Public Financing Plan Amendment, the Planning Commission and the City Council 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.
9-8-404.1 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 City shall be determined.
(a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council.
ATTACHMENT C
Item 8.1
Mountain House Page 782 of 1663
165
9-8-405 Recovery of Costs.
For a Public Financing Plan or a Public Financing Plan Amendment prepared at the City’s expense, the City Council may impose a Public Financing Plan fee. The fee shall be applied to persons seeking approvals for development within the area covered by the Public Financing Plan or Public Financing Plan Amendment. The fee charged shall be a prorated amount determined on the basis of the amount of land proposed for development expressed as a percentage of the total land included in the applicable Pubic Financing Plan or Pubic Financing Plan Amendment.
CHAPTER 5. SPECIFIC PLANS
9-8-501 Intent.
The intent of this Chapter is to provide a method for adopting and amending Specific Plans, as provided in the California Government Code.
9-8-502 Requirements for Application.
(a) Applications for Specific Plans or Specific Plan Amendments may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or the property owner’s authorized agent.
(b) Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required. 9-8-503 Review Procedures.
Specific Plan Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Specific Plan Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-503.1 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 City shall be determined.
(a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council.
ATTACHMENT C
Item 8.1
Mountain House Page 783 of 1663
166
9-8-504 Approval.
Prior to approving an application for a Specific Plan or Specific Plan Amendment, the Planning Commission and the City Council 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.
9-8-505 Recovery of Costs.
For a Specific Plan or a Specific Plan Amendment prepared at the City’s expense, the City Council may impose a Specific Plan fee. The fee shall be applied to persons seeking approvals for development within the area covered by the Specific Plan or Specific Plan Amendment. The fee charged shall be a prorated amount determined on the basis of the amount of land proposed for development expressed as a percentage of the total land included in the applicable Specific Plan or Specific Plan Amendment.
CHAPTER 6. DEVELOPMENT TITLE TEXT AMENDMENTS
9-8-601 Intent.
It is the intent of this Chapter to provide for the method to amend this Title, as provided in the California Government Code.
9-8-602 Requirements for Application.
Applications for Text Amendments may be initiated by any interested party. Applications shall be filed with the Community Development Department. A fee, as specified by resolution of the City Council, shall be required.
9-8-603 Review Procedures.
Text Amendment Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Text Amendment Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial is appealed.
9-8-603.1 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
ATTACHMENT C
Item 8.1
Mountain House Page 784 of 1663
167
Public Financing Plan shall be analyzed and the potential impact of the MHDTA on the financial and fiscal resources of the community and the City shall be determined. (a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-604 Approval.
Prior to approving an application for a MHDTA, the Planning Commission and the City Council 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.
CHAPTER 7. ZONE RECLASSIFICATIONS
9-8-701 Intent.
It is the intent of this Chapter to provide a method for the reclassification of property from one zoning district to another, as provided in the California Government Code. 9-8-702 Requirements for Application.
Applications for Zone Reclassification may be initiated by the City Council, Planning Commission, Director of Community Development, or 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 City Council, shall be required. 9-8-703 Review Procedures.
Zone Reclassification Applications shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public hearing, the Planning Commission shall recommend approval of the application of deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Zone Reclassification Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-703.1 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
ATTACHMENT C
Item 8.1
Mountain House Page 785 of 1663
168
analyzed and the potential impact of the Zone Reclassification on the financial and fiscal resources of the community and the City shall be determined.
(a) If the Director decides that private consulting services are required, the Director shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-704 Approval.
Prior to approving an application for a Zone Reclassification, the Planning Commission and the City Council 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.
9-8-705 Conditional Zone ReclassificationReserved.
In order to reflect local conditions, ensure compatibility of uses, protect the public health and safety, and otherwise implement the General Plan, reclassifications may be initiated in which only certain specified uses of the regulating zone are allowed. Such reclassifications shall be referred to as Conditional Zone Reclassifications.
(a) Process. Conditional Zone Reclassifications shall be subject to the same application requirements, the same review procedures, and the same determinations for approval as conventional reclassifications.
(b) Designation. Conditional Zone Reclassifications shall be shown on the zoning map by the zone designation, followed by the letter “S,” followed by a number which references a table.
The table may specify what uses or use types are allowed or prohibited and/or impose a higher level of review on any underlying projects than that normally required by the regulating zone. The table shall be maintained by the Director.
(c) Removal of Conditional Zoning. Upon completion of the terms and conditions of a Conditional Zone Reclassification Director may deem the terms and conditions of the Conditional Zone Reclassification fulfilled, if in the Director’s judgment the following are true:
(1) The reason for approving the Conditional Zone Reclassification no longer exists, (2) The compatibility of uses in the area is ensured,
(3) Public health and safety is protected, and
(4) The internal consistency of the General Plan is maintained.
If the Director determines the terms and conditions have been satisfied, the Conditional Zone designation shall be removed from the Zoning Map and any listing of Conditional Zone Reclassifications.
CHAPTER 8. SPECIAL PURPOSE PLANS
9-8-801 Intent.
The intent of this Chapter is to provide for the adoption and amendment of Special Purpose
ATTACHMENT C
Item 8.1
Mountain House Page 786 of 1663
169
Plans to facilitate implementation of the General Plan in portions of communities or larger areas. A Special Purpose Plan shall be used to provide a greater level of detail and more specific guidance than is contained in the General Plan. The need for a Special Purpose Plan typically would be identified during a pre-application conference or by other procedures initiated by the City. 9-8-802 Typical Uses.
Typical uses for Special Purpose Plans shall include, but shall not be limited to, the following:
(a) Commercial Recreation and Freeway Service Uses. Planning for areas designated as Commercial Recreation or Freeway Service in the General Plan; (b) Utilities. Planning for the provision or installation of utilities in specific areas; (c) Roadways. Establishing the location of roadways and roadway rights-of-way; (d) Improvements. Coordinating the provision of improvements such as noise barriers or fencing;
(e) Aesthetics. Establishing aesthetic standards for specific areas; and (f) Parking. Providing comprehensive parking plans, consistent with Chapter 24 of Division 10, for specific commercial areas.
9-8-803 Requirements for Application.
Applications for Special Purpose Plans and Special Purpose Plan Amendments may be initiated by the City Council, Planning Commission, Director of Community Development, or the property owner or his or her authorized agent. Applications shall be filed with the Community Development Department; applications for Special Purpose Plans in Commercial Recreation and Freeway Commercial Zones shall be submitted at the same time as the application for a Zone Reclassification. A fee, as specified by resolution of the City Council, shall be required. 9-8-804 Review Procedures.
Each Special Purpose Plan application shall be reviewed using the Public Hearing Review Procedure in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Special Purpose Plan Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-805 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 City shall be determined.
(a) If the Director decides that private consulting services are required, the Director
ATTACHMENT C
Item 8.1
Mountain House Page 787 of 1663
170
shall select a consultant.
(b) The applicant shall be responsible for the cost of any consultant services plus an administrative fee as set by resolution of the City Council. 9-8-806 Approval.
Prior to approving an application for a Special Purpose Plan, the Planning Commission and the City Council 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.
9-8-807 Contents.
All Special Purpose Plans shall contain a map of the area to be affected by the plan and text which describes the plans for said area. The level of detail may be specific or conceptual as appropriate. In addition, plans may include any or all of the following:
(a) Land Use and Standards. The location of, and standards for, land uses, structures, and facilities;
(b) Transportation Standards. The location of, and standards for, streets, roads, and other transportation facilities;
(c) Improvements and Standards. The phasing, financing, and location of, and standards for, sewage treatment, water, and storm drainage facilities or other improvements; (d) Natural Resource Standards. Standards for the conservation, development, and use of natural resources; and
(e) Environmental Impact Mitigation. Standards and measures for mitigating environmental impacts of area development.
9-8-808 Subsequent Applications.
(a) Improvement Plan. If the Director determines that the uses and issues of a proposed application were addressed in an existing Special Purpose Plan and there is no expansion to the area covered by the project, an Improvement Plan may be used for the subsequent application.
(b) Expansion of Special Purpose Plans. Expansion of a development, beyond the uses and issues addressed in an existing Special Purpose Plan, shall require an amended or new Special Purpose Plan.
(c) Other Plans. For uses requiring a Special Purpose Plan that have an existing permit, the existing permit is valid for the purpose for which it was issued. Any expansion of such use shall require a Special Purpose Plan.
9-8-809 Legal Effect of Adopted Plan.
All improvements and land uses shall be consistent with an adopted Special Purpose Plan.
Once adopted, plans shall remain in effect until amended or rescinded by the City Council.
ATTACHMENT C
Item 8.1
Mountain House Page 788 of 1663
171
CHAPTER 9. SITE APPROVALS
9-8-901 Intent.
It is the intent of this Chapter to provide a method for reviewing proposed uses which possess characteristics that require special appraisal in order to determine if the uses have the potential to adversely affect other land uses, transportation, or facilities in the vicinity. The Review Authority may require conditions of approval necessary to eliminate, or minimize to an acceptable level, any potentially adverse effects of a use.
9-8-902 Requirements for Application.
(a) Applications for Site Approvals may be initiated by the property owner or the property owner’s authorized agent.
(b) Applications shall be filed with the Community Development Department. A request for Site Approval shall include a site plan which clearly delineates the location and characteristics of the proposed use. A fee, as specified by resolution of the City Council, shall be required.
9-8-903 Review Procedures.
Site Approvals shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter Chapter 4 of Division 2.
9-8-904 Development Requirements.
Site Approvals approved under the provisions of this Chapter shall be subject to those conditions which ensure that the proposed use meets the requirements of the City and any additional conditions necessary to make the findings for approval. Unless otherwise specified, the use cannot be established until all conditions have been complied with. 9-8-905 Expansion of Existing Uses.
Existing uses subject to Site Approvals may be expanded pursuant to this Section. (a) Required Conditions. In those instances involving uses that require and have Site Approval, the Director of Community Development may approve plans for the expansion or adjustment of an existing development when the expansion complies with all of the following conditions:
(1) The building or use expansion is incidental to an existing use; (2) The building or use expansion does not result in a change of use; (3) No building expansion involves more than a twenty-five percent (25%) increase in floor area covered by existing structures associated with the use; (4) No use expansion involves more than a ten percent (10%) increase in the overall site area covered by the existing use;
(5) The building or use expansion, in the opinion of the Director of Community Development, would not have a substantial, adverse effect on adjacent property; and (6) The building or use expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director of Community Development.
(b) Conditions Not Met. If a proposed expansion does not comply with the above conditions in Subsection (a), a new Site Approval shall be required.
ATTACHMENT C
Item 8.1
Mountain House Page 789 of 1663
172
9-8-906 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 City; (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.
CHAPTER 10. USE PERMITS
9-8-1001 Intent.
It is the intent of this Chapter to provide a method of reviewing proposed uses which possess characteristics that require special appraisal in order to determine if the uses have the potential to adversely affect other land uses, transportation, or facilities in the vicinity. The Review Authority may require conditions of approval necessary to eliminate, or minimize to an acceptable level, any potential adverse effects of the use.
9-8-1002 Requirements for Application.
Applications for Use Permits may be initiated by the property owner or the property owner’s authorized agent. Applications shall be filed with the Community Development Department. A request for a Use Permit shall include a site plan which clearly delineates the location and characteristics of the proposed use. A fee, as specified by resolution of the City Council, shall be required.
9-8-1003 Review Procedures.
Use Permit Applications shall be reviewed by the Planning Commission using the Public Hearing Review Procedure in Chapter 5 of Division 2.
9-8-1004 Development Requirements.
Use Permits approved under the provisions of this Chapter may be subject to any reasonable conditions necessary to meet the intent of this Chapter or make necessary findings.
Unless otherwise specified, no use shall be established until all conditions have been complied with.
9-8-1005 Expansion of an Existing Use.
Existing uses subject to a Use Permit may be expanded pursuant to this Section.
ATTACHMENT C
Item 8.1
Mountain House Page 790 of 1663
173
(a) Required Conditions. In those instances involving uses that require a Use Permit and a Use Permit has been approved, the Director of Community Development may approve plans for the expansion of the existing use when the expansion complies with all of the following conditions:
(1) The building or use expansion is incidental to the existing use; (2) The building or use expansion does not result in a change of use; (3) No building expansion involves more than a twenty-five (25) percent increase in floor area covered by existing structures associated with the use; (4) No use expansion involves more than a ten (10) percent increase in the overall site area covered by the existing use;
(5) The building or use expansion, in the opinion of the Director of Community Development, would not have a substantial adverse effect on adjacent property; and (6) The building or use expansion complies with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency as determined by the Director of Community Development.
(b) Conditions Not Met. If a proposed expansion does not comply with the above conditions in Subsection (a), a new Use Permit shall be required. 9-8-1006 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 City; (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; (f) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met;
(g) 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; and
(h) Compatibility. The use is compatible with adjoining land use. 9-8-1007 Findings for Specific Uses.
Prior to approval of a Use Permit for specific uses, the Review Authority shall make the following findings for that use:
(a) Recreational Vehicle Parks. The property is in a location which will either:
(1) Serve users of existing freeways, or
(2) Serve the users of an existing or proposed recreational area.
ATTACHMENT C
Item 8.1
Mountain House Page 791 of 1663
174
CHAPTER 11. DEVIATIONS
9-8-1101 Intent.
It is the intent of this Chapter to establish exceptions to the regulations of this Title which may be used to ensure that property, because of special circumstances such as size, shape, topography, location, or surroundings, shall be accorded privileges commonly enjoyed by the other properties in the same zone in the vicinity.
9-8-1102 Permitted Zone and Permitted Modifications.
Applications for Deviations may be accepted in all zones, unless otherwise specified.
Applications for Deviations may be considered for the following modifications only:
(a) Setback Requirements. Setback requirements may be altered as follows:
(1) Up to forty (40) percent of the front yard setback requirement, but not closer to the property line than fifteen (15) feet;
(2) Up to forty (40) percent of the side yard setback requirement, but no closer to the property line than three (3) feet; or
(3) Up to thirty (30) percent of the rear yard setback requirement, but no closer to the property line than ten (10) feet.
(b) Area, Width, and Intensity Requirements. Area, width, and intensity requirements may be altered as follows:
(1) Up to thirty (30) percent of the area requirements for uses or use types; or (2) Up to ten (10) percent of the lot area, lot width, or intensity requirements. (c) Height Requirements. Height requirements may be altered up to thirty (30) percent in excess of height limits, but not to exceed five (5) feet. 9-8-1103 Requirements for Application.
Applications for Deviations may be initiated by the property owner or the property owner’s authorized agent. Applications shall be filed with the Community Development Department. A request for Deviation shall include a site plan which clearly delineates the location and extent of the regulation to be modified. A fee, as specified by resolution of the City Council, shall be required.
9-8-1104 Review Procedures.
Deviation Applications shall be reviewed by the Director using the Staff Review with Notice Procedure in Chapter 4 of Division 2.
9-8-1105 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;
ATTACHMENT C
Item 8.1
Mountain House Page 792 of 1663
175
(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 City; and (e) Development Agreement. All applicable provisions of the Mountain House Development Agreement have been met.
CHAPTER 12. VARIANCES
9-8-1201 Intent.
It is the intent of this Chapter to provide a means of altering the requirements of this Title in specific instances where the strict application of those requirements would deprive a property of privileges enjoyed by other properties in the vicinity and under identical zoning because of special circumstances applicable to the property involved.
9-8-1202 Permitted Zones.
Applications for Variances may be accepted in all zones, unless otherwise specified. 9-8-1203 Requirements for Application.
Applications for Variances may be initiated by the property owner or the owner’s authorized agent. Applications shall be filed with the Community Development Department. A request for a Variance shall include a site plan which clearly delineates the location and extent of the regulation to be varied. A fee, as specified by resolution of the City Council, shall be required. 9-8-1204 Review Procedures.
Variance applications shall be reviewed by the Planning Commission using the Public Hearing Review Procedure in Chapter 5 of Division 2.
9-8-1205 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.
CHAPTER 13. ACCESSORY DWELLING UNITS (ADU)
9-8-1301 Intent. Purpose
The intentpurpose of this Chapter is to provide methods for approving accessory dwelling
ATTACHMENT C
Item 8.1
Mountain House Page 793 of 1663
176
units (ADUs) and junior accessory dwelling units (JADUsAccessory Dwelling Units (ADUs) in the Mountain HomeHouse Development on lots with primary single-family dwellings in order to increase housing opportunities.
9-8-1301.1 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. 9-8-1302 Permitted Zones; General Requirements and Restrictions.
ADUs and JADUs shall be permitted in the R-VL, R -L, R-M and, R-MH, and M-X zones.
ATTACHMENT C
Item 8.1
Mountain House Page 794 of 1663
177
ADUs and JADUs may be permitted in the AU-20 zone, provided the underlying Master Plan designation is R/VL, R/L, R/M R-H or R/MH. ADUs are not permitted on a lot that contains a Second Dwelling Unit. ADUs must be located, developed, and operated in compliance with the following standards.
(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. (a) Where Allowed; General Requirements and Restrictions.
(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
(1) One ADU and one Junior Accessory Dwelling Unit (JADU) may be constructed or otherwise permitted on a lot in any zone which allows a single-family dwelling as a permitted use.
An ADU or JADU that is within the proposed space of a single-family dwelling or existing space of a single-family dwelling or accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure. An expansion beyond the physical dimensions of the existing structure shall be limited to accommodating ingress and egress.
(2) Multiple converted or detached ADUs may be constructed on a lot with an existing multi-family use, where consistent with Government Code Section 65852.2(e)(1)(C) and (D). (b) Types of Units Allowed. The types of units allowed include an attached ADU, detached ADU, converted ADU, interior ADU, or JADU.
(c) Relation to Primary Dwelling Unit. To construct or convert an existing structure to an ADU, there must be a primary dwelling unit on the same legal parcel. (d) Relation to General Plan, Mountain House Master Plan, affected Specific Plan and Zoning Density Limits. An ADU that conforms to the standards of this Chaptersection 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 CountyCity ordinance, policy, or program to limit residential growth.
(d except where water or sewer system capacity constraints have been identified by the City.
(e) Permanent Address. The property owner shall obtain an approved permanent address is for an ADU and JADUfrom the Community Development Department. (e) Water and Wastewater Disposal Service Availability
(f) Availability of Water and Sewer Service. 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 from the City to the Community Development Department. (g) Fees. The property owner of an ADU or JADU shall be subject to the payment of
ATTACHMENT C
Item 8.1
Mountain House Page 795 of 1663
178
all sewer, water, and other applicable fees, except as specifically provided in Government Code SectionsSection 65852.2 and 65852.22.
(1) No impact fee shall be charged for development of an ADU less than seven hundred fifty (750) square feet in size. In
(A) For purposes of this context,section, impact fee has the same meaning as the term “impact fee” is defined in subdivision (b) of Government Code Section 66000, except that it also includes fees specified in Section 66477.
(B) Impact fee does not include any connection fee or capacity charge establishedcharged by the City 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 2 of Division 16, Flood Hazards, shall comply with the provisions of that chapter. a local agency, special district, or water corporation. (h) Sprinklers. Fire sprinklers are not required for ADUs and JADUs if sprinklers arewere not required for the primary residence.
(i
(i) Solar. Solar is required pursuant to the requirements of California Code of Regulations Title 24.
(j) Restrictions. All ADUs and JADUs are subject to the following restrictions:
(1) The development and use of thean ADU or JADU shall only be valid and permitted based on the terms established in this Chaptersection.
(2) Prior to issuance of a building permit for an ADU or, the property owner shall sign the appropriate Building Permit Application attesting to the Community Development Department that the project meets the following requirements:
(A) The ADU shall not be sold separately from the primary residence; (B) The ADU is restricted to the maximum size as defined in this chapter; (C) The property owner and all successors in interest in the property shall respond to the City’s periodic surveys of owners of ADUs for reporting purposes to the State Department of Housing and Community Development; and
(D) The ADU shall not be rented or leased for a period of less than 30 consecutive days. (3) Prior to issuance of a building permit for a 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 14 of Division 8, Residential Accessory Dwelling Units, of this Titlesection or as approved by an ADU Permita building permit for the JADU;
(C) The property owner and all successors in interest in the property shall respond to the City’'s periodic surveys of owners of ADU and JADUs for reporting purposes to the State Department of Housing and Community Development. ; and
(3D) If the ADU orThe JADU is rented, it shall not be rented or leased for a period of less than thirty (30) consecutive days.
9-8-1303 Requirements for ADU Permit Application.
An application for an ADU Permit
(k) Permits Required.
ATTACHMENT C
Item 8.1
Mountain House Page 796 of 1663
179
(1) Building Permits. Applicants for ADUs must submit a building permit application to the Community Development Department to ensure that the standards of this section are met.
The Department shall not issue a building permit without confirming compliance with the provisions of this chapter. The City shall not final building permits for an ADU before it finals building permits for the primary dwelling.
(2) Other Required Approvals. Applications for ADUs are also 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. (l) Building Permit Applications. Requests for approvals of ADUs 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 City Council, shall be required. The by submitting a building permit application. All of 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)a building permit application:
(1) Owner Occupancy – JADUs Only. The owner of the property shall occupy either the existing single-family dwelling onor the propertyproposed JADU for a period exceeding 90 days per year.
(b2) Number of Units. There shall be no more than one (1) ADU or Second Dwelling Unit and one (1) JADU per parcel.
9-8-1304 Reserved.
9-8-1305 Development Requirements.
The development requirements provided bylot, unless otherwise permitted in 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
ATTACHMENT C
Item 8.1
Mountain House Page 797 of 1663
180
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 City; (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
(m) Building Plans.
(1) An ADU shall include provisions for living, eating, cooking, and 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
(3) 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 required9-8-1303 Development Standards 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%)
ATTACHMENT C
Item 8.1
Mountain House Page 798 of 1663
181
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 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. (5) Supplemental Standards for Attached ADUs.
(A) An attached accessory dwelling unit must share at least one (1) common wall or roofline with the living area of the principal dwelling. (B) 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.
(6) Supplemental Standards for JADUs.
(A) 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. (B) 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. (C) A separate exterior entry shall be provided to serve a JADU. (D) A JADU shall include an efficiency kitchen with a sink, a cooking appliance and refrigeration facilities, a food preparation counter, and storage cabinets. (E) 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.
(F) No additional parking is required for a JADU.
(7) Supplemental Standards for
The development requirements provided by this Section shall be applicable to ADUs. (a) Maximum Size of Unit.
(1) Detached ADUs.
(A) The distance between the principal dwelling and a detached ADU must be at least ten (10) feet.
(B) 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
ATTACHMENT C
Item 8.1
Mountain House Page 799 of 1663
182
unit, regardless of any existing nonconformity as to side setback, rear setback, or height if:
(i) 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; (ii) The floor area of the resulting ADU does not exceed one thousand two hundred (1,200) square feet; and
(iii) The minimum parking requirements are met on-site.
CHAPTER 14. RESIDENTIAL ACCESSORY DWELLING UNITS
9-8-1401 Intent.
The intent of this Chapter is to provide a method for increasing affordable housing opportunities by providing opportunities for new Accessory Dwelling Units (ADUs) and Junior ADUs (JADUs) consistent with state law. ADUs and JADUs are intended to provide independent living units for family members, students, the elderly, in-home health and childcare providers, and others within existing residential neighborhoods. All new ADUs and JADUs must be located, developed, and operated in compliance with the Chapter and Division 3, Residential Zones. 9-8-1402 Permitted Locations; General Requirements and Restrictions.
One (1) ADU may be constructed on a lot in any zone which allows a single-family dwelling as a permitted use. One (1) JADU may be constructed on a lot in any zone permitting a single-family residential use type. Multiple converted or detached ADUs may be constructed on a lot with an existing multi-family use, where consistent with Government Code Sections 65852.2(e)(1)(C) and (D).
(a) Types of ADUs Allowed. The types of ADUs allowed include an attached ADU, detached ADU, converted ADU, interior ADUs, or junior ADU. They may be within existing dwelling units, garages, storage areas, or similar areas or an accessory structure attached orADU.
An ADU structurally independent and detached from the proposed or existing primary dwelling unit and located on the same lot as theor proposed or existing primary dwelling. (b) Relation to Primary Dwelling Unit. The ADU 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 except where water or sewer system capacity constraints have been identified by the Department of Public Works.
(d) Permanent Address. The property owner shall obtain an approved permanent address for an ADU and JADU.
(e) Availability of Water and Sewer Service. Prior to issuance of a building permit for an ADU, the property owner must 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 Director. The County has identified certain areas, shown in Figure 9-8-1401.2(e) where capacity
ATTACHMENT C
Item 8.1
Mountain House Page 800 of 1663
183
constraints in the local sewer collection system. In these areas, a determination of adequate water and sew collection for the proposed ADU by the Department of Public Works is required.
FIGURE 9-8-1401.2(E)
(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 Sections 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 City 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 2 of Division 16, Flood Haza comply with the provisions of that Chapter. (h) Sprinklers. ADUs are not required to provide fire sprinklers unless sprinklers are required for the primary residence.
(i) Restrictions. All ADUs and JADUs are subject to the following restrictions:
ATTACHMENT C
Item 8.1
Mountain House Page 801 of 1663
184
(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 14 of Division 8, Residential Accessory Dwelling Units or as approved by an ADU Permit; (C) The property owner and all successors in interest in the property shall respond to the City’s periodic surveys of owners of ADU and JADUs for reporting purposes to the State Department of Housing and Community Development; and
(D) If the ADU or JADU is rented, it shall not be rented for a period of less than thirty (30) consecutive days.
9-8-1403 Permits Required.
(a) Detached and 1,200 square feet.
(2) Attached ADUs. An ADU permit is required for the construction 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. No ADU permit is required for an interior ADU and a JADU if the proposed unit meets the following requirements and the standards of this Chapter and a building permit is obtained:
(1) The unit will be contained within an existing structure or if in an existing accessory structure, it does not require an increase in the floor area of more than twenty percent (20%) or one hundred fifty (150) square feet, whichever is greater.
(2) The unit has 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. (3) JADUs Only: 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 final building permits for an ADU or JADU before it finals building permits for the primary dwelling.
9-8-1404 Requirements for ADU Permit Applications.
Applications for ADU Permits may be initiated by the property owner or the property
ATTACHMENT C
Item 8.1
Mountain House Page 802 of 1663
185
owner’s authorized agent by submitting a permit application and an ADU Checklist to the Community Development Department. Applications shall be filed with the Community Development Department, and the Director shall ministerially approve an ADU Permit application, provided the application is complete and demonstrates that the proposed ADU complies with all of the requirements in this Chapter. No public hearing is required. A fee, as specified by resolution of the City Council, shall be required. All of the following minimum requirements shall be met when filing an application for an ADU Permit:
(a) Existing Residence. There shall be no more than one (1) existing single-family dwelling on the property.
(b) Owner Occupancy—JADUs Only. The owner of the property shall occupy either the existing single-family dwelling or the proposed JADU for a period exceeding ninety (90) days per year.
(c) Number of Units. There shall be no more than one (1) ADU and one (1) JADU per lot in the R-R, R-VL, and R-L Residential zones and in the AG, AL, and AU Agricultural zones. 9-8-1405 Review Procedure.
ADU applications shall be reviewed ministerially by the Director using the Staff Review Procedure in Chapter 3 of Division 2.
(a) The Director shall act on an ADU Permit application within sixty (60) calendar days from the date the City receives a complete application provided there is an existing single-family or multifamily dwelling on the lot.
(b) If the permit application to create an ADU or a JADU is submitted with a permit application to create a new single-family dwelling on the lot, the City may delay acting on the permit application for the ADU until it acts on the permit application to create the new single-family dwelling, but the ADU Permit application shall still be considered ministerially without discretionary review or a public hearing.
(c) If the applicant requests a delay, the 60-day time period shall be tolled for the period of the delay.
(d) If the local agency has not acted upon the complete application within sixty (60) days, the application shall be deemed approved.
9-8-1406 Development Standards.
All ADU Permits and building permits for ADUs approved under the provisions of this Chapter are subject to the following development standards:
(a) Size of Unit. The ADU shall conform to the following requirements:
(1) Except as provided in Subsection (a)(2), the ADU shall not exceed one thousand two hundred (1,200) square feet and have no more than two (2) bedrooms. (2) If there is an existing primary dwelling, an attached ADU shall not exceed fifty percent (ADU. An ADU attached to an existing primary dwelling shall not exceed 50%) of the gross floortotal existing or proposed living area of the primary dwelling. (3) An ADU with fewer than two bedrooms is limited to eight hundred and fifty (850) square feet of floor area.
(b) Height. ADUs shall adhere to the following height requirements:
(1) A detached ADU shall not exceed 16 feet in height on a lot with an existing or proposed single family or multifamily dwelling unit.
(2) A detached ADU shall not exceed 18 feet in height on a lot with an existing or
ATTACHMENT C
Item 8.1
Mountain House Page 803 of 1663
186
proposed single family that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code. An additional 2 feet in height is permitted to accommodate a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit. (3) A detached ADU shall not exceed 18 feet in height on a lot with an existing or proposed multifamily, multistory dwelling.
(4) An attached ADU or detached ADU shall not exceed sixteen (16)25 feet in height, or when.
(5) An ADU which has 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) Setbacks.
(1) For an ADU a setback of no more than 4 feet from the side and rear property lines shall be required, unless it is a converted ADU. No setback shall be required for a converted ADU.
Front yard and street-side yard setbacks for ADUs shall be the same as those required for the primary dwelling unit. In cases where there is no opportunity to construct an ADU elsewhere on the property, an ADU of no more than 800 square feet may be located within the front or street-side setback area only to the extent that is necessary to accommodate it. (2) For an ADU that is not converted from an existing structure, the rear yard setback shall conform to the Mountain House Master Plan Community Edge treatment as defined in Chapter 4.3 of the Mountain House Master Plan. Government Code Section 65852.2(c)(2)(C) stipulates an exception to the Mountain House Community setback standards which would allow a 800-square foot ADU, 16 feet in height, with four-foot side and rear yard setbacks. (d) Location. Detached ADUs shall be separated from the primary dwelling and any accessory structures on the lot by the minimum distance required by the California Building Code as adopted by the City.
(d) 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 constructed. The ADU shall comply with all other yard requirements for an accessory building in the zone as well as the following requirements:
(1) Except as provided in Subsection (d)(2), the ADU shall not extend beyond the front of the primary single-family dwelling.
(2) In areas zoned R-R and in Agricultural zones where ADUs are allowed, the ADU may extend beyond the front of the primary single-family dwelling, provided it does not extend into the front yard setback.
(3) 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. (e
(e) Compatibility. The ADU shall be of the same architectural style and constructed of the same materials as the garage and the primary dwelling. If attached to the primary dwelling or the garage, the ADU shall be visually and physically integrated into the design of the primary dwelling or garage.
(f) 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 violaterestrict the allowances for ADU provided in Government Code Section 65852.2(c)(2)(C)
ATTACHMENT C
Item 8.1
Mountain House Page 804 of 1663
187
and not allow an eight hundred (800) -square foot ADU that is sixteen (16) feet in height with four-foot side and rear yard setbacks.
(f) Building Plans.
(1) An ADU shall include provisions for living, eating, cooking, sleeping, and sanitation including a closet or other reasonable storage. (2) All ADUs shall be designed to be similar in materials, color, style and form to the primary dwelling. Exterior architectural details, including windows, roof pitch, and trim, shall be similar to the primary dwelling.
(3) 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. (4) 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. (5) 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.
(6) A permanent foundation is required for all ADUs.
(g) Off-Street Parking. Off-street parking shall be provided as required by Chapter 24 of Division 10.
(1) 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. (2) No parking shall be required for a JADU, and no additional parking shall be required if the ADU is located: (1)
(A) Within one-half (½) mile of public transit; (2) in an (B) In a historic district designated by the City;
(3C) in In part of an existing primary resresidence or an existing accessory structure; (4D) in In an area requiring on-street parking permits but they are not offered to the occupant of the accessory dwelling unit; or
(5E) within one ( Within 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.
(h) Common Driveway. Except in Agricultural and R-R zones, the ADU shall be accessed by a common driveway serving both the ADU and the existing or proposed single-family residence and having a single access point or by a circular driveway with two (2) access points. (i) Sewer and Water.
(1) Both the proposed ADU and the existing single-family dwelling shall have public sewage and water pservice.
(j) Other Codes. The ADU shall conform with all the requirements of the Environmental Health Division that are applicable to residential units in the zone in which the property is located. All ADUs must satisfy building, fire, and safety standards, such as fire lane widths, minimum fire flows, and emergency egress, as established through State of California’s Fire and Building Codes and as amended by the City.
(k
(h) Requirements for Manufactured Homes. If the ADU is a manufactured home, it shall be installed on a permanent foundation, and the following additional requirements shall
ATTACHMENT C
Item 8.1
Mountain House Page 805 of 1663
188
apply:
(1
(1) The manufactured home shall comply with the 1974 National Manufactured Housing Construction and Safety Act and be 10 years or newer. (2) No permanent room additions shall be allowed, but patio covers constructed of the same materials as the manufactured home shall be permitted; and (23) Skirting constructed of the same materials as the manufactured home shall be installed.
(l
(i) Recreational Vehicles. Recreational vehicles, including but not limited to motor homes, travel trailers, tent trailers, fifth wheel trailers, and house boats do not qualify as an ADU as defined in this Section.
(j) Supplemental Standards for Attached ADUs.
(1) An attached ADU must share at least one (1) common wall or roofline with the living area of the principal dwelling.
(2) An attached ADU shall have a separate entrance, located on the side, front, or the rear of the ADU; provided, however, that in no event shall any external stairwell be placed within the side yard setback.
(m) Supplemental Standards for JADUs.
(1) No JADU shall contain more than five hundred (500) square feet of floor space. A JADU shall be contained entirely within an existing single-family 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. (A) A JADU must be created within the existing walls of an existing single-family dwelling and must include conversion of an existing bedroom or other space within the dwelling to habitable space.
(B) A separate exterior entry shall be provided to serve a JADU. (C) The JADU shall include an efficiency kitchen with a sink, a cooking appliance and refrigeration facilities, a food preparation counter, and storage cabinets. (D) 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.
(E) No additional parking is required for a JADU.
(2
(k) Supplemental Standards for Detached ADUs.
(A1) The distance between the principal dwelling and a detached ADU must be the minimum distance required by the California Building Code. (B2) 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:
(iA) 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; (ii) The floor area of the resulting ADU does not exceed one thousand two hundred (1,200) square feet; and
(iiiB) The minimum parking requirements are met on- site.
ATTACHMENT C
Item 8.1
Mountain House Page 806 of 1663
189
CHAPTER 15. PLANNED DEVELOPMENT ZONE
9-8-1501 Intent.
The intent of this Chapter is to permit greater flexibility and innovation in the design and processing of projects than would otherwise be allowed under conventional zoning regulations in order to:
(a) Encourage an efficient use of land, particularly for those parcels that are sufficiently unique in their physical characteristics or other circumstances to warrant special methods of development;
(b) Simplify the processing of proposed projects by providing a method of concurrent review of land use, subdivision, public improvements, and siting considerations; (c) Allow mixed use projects, containing residential, commercial, and/or civic uses, that are desirable and compatible with surrounding uses; (d) Lower project costs by permitting increases in density beyond those normally allowed for standard projects and by reducing the costs associated with road and utility networks; (e) Encourage diversity in housing types, styles, and price ranges; (f) Encourage the use of common open areas and the inclusion of other amenities in project design; and
(g) Provide for the development of sites while protecting open space resources. 9-8-1502 Applicability.
The Planned Development (PD) zone may be applied to parcels carrying any General Plan designation, except the Commercial Recreation General Plan designation, and containing a minimum of four (4) contiguous acres. A PD zone may be applied to parcels containing less than four (4) contiguous acres, provided the applicant can show that a PD zone established on such parcels would meet the intent and the provisions set forth in this Chapter. 9-8-1503 Uses Permitted.
The uses permitted in the PD zone shall be those uses approved by the Review Authority as part of the application approval process, provided such uses are consistent with General Plan policies.
9-8-1504 Requirements for Application.
A PD zone may be initiated by the property owner or by the property owner’s authorized agent. Two (2) separate applications shall be submitted: a Phase I Application and a Phase II Application, unless the Director of Community Development determines that only one (1) application, a Phase II Application, is required. If the Director authorizes the filing of only a Phase II Application, the application shall contain all relevant information required for both the Phase I and Phase II Applications. A fee, as specified by resolution of the City Council, shall be required. (a) Phase I Application, Contents. The Phase I Application shall contain the following:
(1) A statement of the objectives to be achieved by the PD zone. (2) A statement concerning the provision of required infrastructure services and utilities.
(A) The statement shall specify what infrastructure services and utilities will be needed by the planned development and what assurances will be made to secure their availability.
ATTACHMENT C
Item 8.1
Mountain House Page 807 of 1663
190
(B) The statement shall be based on a preliminary study of the systems required (e.g., storm drainage, sanitary sewer, water, electricity).
(3) A statement of the applicant’s intentions regarding future sale or lease of all or portions of the property within the PD zone proposed for development. (4) A statement concerning provisions for the preservation or maintenance of the portions of the planned development to be held in common ownership. (5) A statement concerning protection of open space resources. (6) A Conceptual Site Plan and supporting maps containing, if applicable, the following:
(A) Existing site conditions, including contours, vegetation, waterways, levees, and other natural and man-made features of the land;
(B) Proposed street layout; off-street parking areas, including estimates of the number of off-street parking spaces; loading spaces; emergency access areas; points of access to public rights-of-way; pedestrian and bicycle ways; and transit facilities; (C) Proposed land uses, including areas proposed to be dedicated or reserved as common open spaces or for public or semi-public uses, with estimates of the acreage for each type of land use and preliminary computations of residential density; (D) Approximate arrangement of individual lots;
(E) Approximate location and arrangement of all structures or outlines of areas within which buildings or structures may be located;
(F) Preliminary elevations and/or perspective drawings of all proposed buildings or other structures;
(G) A general landscaping plan; and
(H) A general grading plan.
(7) Information on land adjacent to the proposed PD zone, indicating important relationships between the planned development and surrounding land uses, circulation systems, public facilities, and natural features;
(8) Such other information which may be required by the Director of Community Development to evaluate the character and impact of the proposed planned development. (b) Phase II Application, Contents. The Phase II Application shall contain the following:
(1) A Detailed Site Plan containing, if applicable, the following:
(A) A detailed plan for vehicular circulation, bicycle and pedestrian ways, transit facilities, access, and off-street parking, including road alignments and widths, finished grades, and computations of off-street parking spaces;
(B) A detailed plan for infrastructure services and utilities, including the location and size of all utilities;
(C) A detailed land use plan, specifying the areas within the PD zone for single-family/multi-family dwellings, commercial uses, industrial uses, off-street parking, recreational facilities, open space, and other uses, with land use acreage and residential density computations;
(D) Arrangement and dimensions of individual lots;
(E) Location and type of all buildings and structures, including dimensions of setbacks and yard areas;
(F) A definitive landscaping plan, including a plan for automatic sprinklers; and (G) Elevations and/or perspective drawings as submitted with the Phase I Application.
ATTACHMENT C
Item 8.1
Mountain House Page 808 of 1663
191
(2) A program for the installation and maintenance of parking areas, lighting, landscaping, infrastructure, utilities, and recreational facilities. (3) A program for the preservation/maintenance of common open space areas. (4) A program for the protection of open
9-8-1304 Development Standards For JADUs.
(a) Size of Unit. JADUs shall not exceed 500 square feet of floor space. An efficiency unit (a single room that includes sleeping and kitchen function) shall not contain less than 150 square feet of floor space, exclusive of a bathroom.
(b) Location. A JADU must be contained entirely within the existing walls of a singlefamily dwelling and include conversion of an existing bedroom or other space within the dwelling to habitable space resources.
(5) A tentative map for a minor or major subdivision filed concurrently with the Phase II Application, if the subject property is proposed to be divided. (6) A development schedule indicating:
(A) The approximate date for the start of construction; and (B) The phases, if any, in which the PD will be built and the approximate dates for the completion of each phase.
(c) Professional Assistance. Preparation of the Phase I Application and the Phase II Application shall require, at a minimum, the services of a registered civil engineer (or licensed land surveyor) and a licensed architect. Depending on the complexity of the planned development, the services of a qualified urban planner and a registered landscape architect may also be required by the Director of Community Development.
(d) Site Design Standards. The Conceptual Site Plan and the Detailed Site Plan shall be subject to the site design standards specified in Section 9-8-1511. 9-8-1505 Review Procedures.
Except as modified by this Section, Phase I and Phase II Applications for a PD zone shall be reviewed by the Planning Commission using the Public Hearing Review Procedure specified in Chapter 5 of Division 2.
(a) Review of Phase I Applications.
(1) If the Planning Commission recommends approval of the Phase I Application, the City Council shall hold a public hearing to consider the Commission’s recommendation. (2) If the Planning Commission denies the Phase I Application, that action shall be final unless appealed to the City Council.
(b) Review of Phase II Applications.
(1) If a Phase II Application is the only application required, the review of said application shall follow the same procedure as specified in Subsection (a). (2) If a Phase I Application and a Phase II Application are both required, the Planning Commission shall either approve or deny the Phase II Application. If the Planning Commission denies the Phase II Application, that action shall be final unless appealed to the City Council. 9-8-1506 Findings.
In order to approve a Phase I Application, or a Phase II Application when said application is the only application required, the Review Authority shall determine that the following are true:
(a) The PD zone, together with the Conceptual Site Plan or Detailed Site Plan, is
ATTACHMENT C
Item 8.1
Mountain House Page 809 of 1663
192
consistent with the General Plan, any application Master Plan, Specific Plan, and Special Purpose Plan for the area; and any other applicable plan adopted by the City; and the intent of this Chapter. (b) The property is suitable for the planned development proposed. (c) The planned development will provide a resource protection or an amenity, above and beyond normal expectations.
(d) The planned development will not have a significant adverse impact on surrounding properties or on external infrastructure, utility, and circulation systems on which the PD depends.
In order to approve a Phase II Application, when both a Phase I Application and Phase II Application are required, the Review Authority shall determine that the Phase II Application is in substantial conformity with the Phase I Application.
9-8-1507 Effect of Approvals.
If a Phase I Application, or a Phase II Application when that is the only application required, is approved by the City Council, the zoning map of the City shall be amended to show the boundaries of the newly created PD zone. The ordinance creating the PD zone shall also approve the Conceptual Site Plan or the Detailed Site Plan, if appropriate. Under no circumstances shall development of the subject property be allowed to proceed until after the Review Authority has approved the Phase II Application.
9-8-1508 Time Limit on Approvals.
(a) Phase I Application. Within one (1) year from the date of approval of a Phase I Application by the City Council, the applicant shall submit a Phase II Application. (1) The applicant may request an extension of the one (1) year time limit from the City Council. Any request for extension shall be in writing, shall demonstrate good cause, and shall be filed with the Community Development Department at least thirty (30) days prior to the expiration date.
(2) Failure to obtain an extension within the stated time period shall nullify the approval of the Conceptual Site Plan. Under such circumstances, the Community Development Department shall initiate proceedings to rezone the property affected by the PD zone back to the earlier zone designation.
(b) Phase II Application. Within three (3) years from the date of approval of a Phase II Application, the applicant shall have commenced construction in good faith. (1) The applicant may request an extension of the three (3) year time limit from the Review Authority who approved the Phase II Application. The extension shall be for a period or periods not to exceed a total of three (3) years. Any request for an extension shall be in writing, shall demonstrate good cause, and shall be filed with the Community Development Department at least thirty (30) days prior to the expiration date.
(2) Failure to commence construction in good faith or to obtain an extension within the stated time period shall nullify the approval of the Detailed Site Plan. Under such circumstances, the Community Development Department shall initiate proceedings to rezone the property affected by the PD zone back to the earlier zone designation. 9-8-1509 Amendments.
Any changes or amendments to the Detailed Site Plan approved by the Review Authority shall be subject to the following provisions:
ATTACHMENT C
Item 8.1
Mountain House Page 810 of 1663
193
(a) Administrative Amendments. Minor differences between the Detailed Site Plan and construction plans, minor circulation alignments, and changes in the size and siting of buildings and structures, landscape treatment, phasing, area and configuration of lots, and the like, may be authorized by the Director of Community Development if required by engineering or by other circumstances not foreseen at the time the Phase II Application was approved. Such administrative amendments shall not constitute subsequent discretionary approval subject to further CEQA review.
(b) Nonadministrative Amendments. Changes regarding use, overall configuration of land uses and circulation features, and number of lots and increases in overall density shall not be permitted. Such nonadministrative amendments may only be secured by submitting a new PD Application.
9-8-1510 Safeguards.
A Phase II Application shall not be approved by the Review Authority unless the following safeguards have been secured:
(a) Common Open Areas. The applicant shall provide, or agree to provide, recorded land agreements, covenants, proprietary control, or other devices acceptable to the Review Authority to ensure maintenance and management of all common open areas and protection of all open space resources.
(b) Public Facilities. The applicant shall install all public facilities and improvements, both on-site and off-site, required by the Review Authority for the PD. An agreement to secure such performance shall be in such form and executed in such manner as required by the Director of Public Works and as approved by the City Attorney.
(c) The agreement shall be secured by a cash deposit, bond, letter of credit, or by other arrangement acceptable to the Director of Public Works and City Attorney. (d) The agreement may provide for improvements or facilities to be installed in units and include reasonable time limits placed upon any and all construction. (e) Other Facilities and Improvements. The applicant shall install all facilities and improvements, indicated in the Detailed Site Plan, that are not to be publicly owned and operated.
An agreement containing safeguards satisfactory to the Review Authority and City Attorney shall be executed to secure such performance.
9-8-1511 Site Design Standards.
The Conceptual Site Plan and the Detailed Site Plan shall, to the extent applicable, be subject to the following site design principles and standards:
(a) Common Open Space.
(1) Principles. Common open space shall be:
(A) Designed as an essential or major element of the project; (B) Located to take advantage of and to help preserve existing natural amenities such as trees, topographic feat and views;
(C) Clustered generally to create larger scale open spaces, but used also to buffer incompatible uses and to provide corridors of space around and within developed areas to achieve a spacious character and convenient linkage to all parts of the PD; (D) Conveniently situated for use by all residents, but primarily distributed so that the largest and most usable areas are in closest proximity to the highest density and highest intensity portions of the PD; and
ATTACHMENT C
Item 8.1
Mountain House Page 811 of 1663
194
(E) Designed so that specific improvements, such as pools, play fields, court games, tot areas, and nature trails, are related to the general recreational needs of the residents or occupants of the PD.
(2) Standards.
(A) Common open areas shall compose a minimum of thirty (30) percent of the net land area of the PD; and
(B) Common open areas shall be consolidated in units of at least ten thousand (10,000) square feet in area if such areas contain recreational facilities. (b) Private Open Space.
(1) Principle. Private open space shall be provided which is adequate in area and usable in shape.
(2) Standard. Private open space shall be at least four hundred (400) square feet in area for detached single-family dwellings; two hundred twenty-five (225) square feet in area for multi-family attached dwellings located on the ground floor; and sixty (60) square feet in balcony area for upper-story multi-family dwelling units.
(c) Site and Structure Relationships. The height, bulk, intensity, and setback requirements of structures are regulated inasmuch as they meet General Plan building intensity requirements and the following principles and standards:
(1) Principles. Buildings shall be:
(A) Arranged so that, in general, the highest density portions of the PD are closest to existing and anticipated centers of activity, major transportation routes, transit facilities, and other public facilities;
(B) Located in areas that permit optimum site utilization commensurate with the conservation of desirable topographic features;
(C) Situated to provide natural light and ventilation, to protect privacy, to ensure convenient access to and around each building, and to enhance solar access; (D) Situated to assure a harmonious relationship with existing and anticipated land uses along peripheral boundaries;
(E) Arranged so that spaces between buildings vary in accordance with building size and use in order to achieve a desirable visual and social relationship; (F) Arranged so that the distances between buildings and roads vary according to building size, use, and character of road traffic in order to provide a well planned streetscape and to assure protection from traffic noise and congestion;
(G) Varied so that single-family dwellings avoid excessive repetition of identical floor plans;
(H) Situated so that single-family dwellings have staggered dwelling setbacks; (I) Arranged so that each attached unit in multi-family structures is provided with its own identity and entry;
(J) Situated so that buildings (except single-family dwellings), open spaces, and parking areas are grouped in or monotony of continuous rows of buildings and walls along a road; (K) Located on lots with various width dimensions;
(L) Designed to incorporate in all building elevations the recesses, projections, and other features that provide rich shadow patterns and variety and visual relief; (M) Arranged whenever possible to take advantage of views and vistas; and (N) Sited and designed to provide a strong functional relationship to the site. (2) Standards.
ATTACHMENT C
Item 8.1
Mountain House Page 812 of 1663
195
(A) For single-family dwellings, street-side building elevations on corner lots shall not exceed one (1) story in height. Split level units may be allowed, however, if the second story is stepped back from the street side yard;
(B) For single-family dwellings, a minimum number of floor plans (and elevations for each floor plan) shall be provided, as specified below:
No. of
Dwellings
Minimum No.
Different Floor Plans
10 or less (Subject to Review Authority
approval)
11—25 2 3
26—50 3 3
51—75 3 4
76—100 4 4
100+ 1 additional floor plan with 4 elevations for each additional 25 units over 100 units.
(C) For PDs containing commercial uses, buildings shall occupy no more than forty (40) percent of the net land area; and
(D) For buildings located along the boundaries of the PD, peripheral setbacks from said boundaries shall be no less than twenty (20) feet.
(d) Vehicular Circulation.
(1) Principles. The vehicular circulation system shall:
(A) Provide adequate vehicular access to and within the PD and facilitate transit use; (B) Avoid adverse drainage conditions and grading, and conserve existing amenities of the site;
(C) Be integrated with the natural landscape;
(D) Accommodate water, sewer, electric, telephone, gas, cable TV, and drainage facilities whenever necessary;
(E) Be designed to discourage through traffic within the PD; (F) Facilitate solar access by orienting roads along an east-west axis, except where such orientation is precluded by natural topography, resource protection, and drainage patterns; (G) Be designed to minimize road and utility networks; and (H) Reflect an informal street pattern with curvilinear or meandering roads, and cul-de-sacs.
(2) Standards.
(A) Unless otherwise specified, all roads within the PD, whether public or private, shall have a curb-to-curb pavement width of at least thirty-six (36) feet; (B) Special road cross-sections with a curb-to-curb pavement width of less than thirty-six (36) feet may be permitted for private roads by the Review Authority, provided accessibility and vehicular maneuverability is at least equivalent to a standard road; (C) The PD and each phase thereof shall have two (2) points of vehicular ingress and egress from surrounding roads, one (1) of which may be emergency only, except where this requirement is clearly unattainable because of topographical constraints; and (D) All roads, whether public or private, shall be improved in accordance with the standards of the Department of Public Works.
(e) Pedestrian Circulation.
(1) Principles. The pedestrian circulation system shall be:
ATTACHMENT C
Item 8.1
Mountain House Page 813 of 1663
196
(A) Designed to provide safe and convenient access to dwellings, buildings, common open space, parking areas, recreational facilities, and other logical terminal points within the project;
(B) Designed to include off-street, shared pedestrian/bicycle paths where appropriate; (C) Located and improved to protect the privacy of individual dwellings; and (D) Interconnected with the pedestrian circulation system surrounding the project. (2) Standards.
(A) The walking distance from a dwelling unit or a building to the required parking space or spaces which serve it shall not exceed two hundred (200) feet as measured along a defined walkway;
(B) The walking distance from dwelling units to guest parking spaces shall not exceed five hundred (500) feet as measured along defined walkways; and (C) Sidewalks serving as pedestrian ways shall not be less than four (4) feet in width. (f) Off-Street Parking.
(1) Principles. Off-street parking areas shall:
(A) Be adequate in terms of number of spaces to accommodate the needs of residents, guests, and occupants of the project; and
(B) Generally exceed the number of spaces required by Chapter 4 of Division 10 (Parking and Loading) for specified uses to compensate for the reduction in on-street parking typically experienced with planned developments.
(2) Standards.
(A) The provisions of Chapter 2 of Division 10 shall apply, except as modified by this Chapter;
(B) Two (2) parking spaces per dwelling unit shall be provided, unless otherwise allowed by the Review Authority;
(C) Guest parking areas shall be located no further than five hundred (500) feet from the dwelling units they are intended to serve; and
(D) Required off-street parking spaces shall be located no further than two hundred (200) feet from the dwelling units, buildings, or facilities they are intended to serve. (g) Landscaping Plans.
(1) Principles. Landscaping plans shall:
(A) Include provisions to retain and preserve existing trees, waterways, and other desirable site features that enhance the planned development; and (B) Include new plantings and fencing for privacy, shade, erosion control, screening, and variety.
(2) Standards.
(A) The provisions of Chapter 3 of Division 10 (Landscaping Regulations) shall apply, except as modified by this Chapter;
(B) The extent and location of all plant materials and other landscape features shall be shown;
(C) The proposed treatment of all ground surfaces shall be indicated (e.g., paving, turf, gravel);
(D) A minimum of two (2) trees per dwelling unit shall be required, excluding street and erosion control trees;
(E) All trees shall be fifteen (15) gallons minimum in size, unless otherwise allowed by the Review Authority; and
ATTACHMENT C
Item 8.1
Mountain House Page 814 of 1663
197
(F) Fencing adjacent to major common open areas shall be open view type fencing (e.g., wrought iron) in order to increase visual open space perception. (h) Residential Density.
(1) Principle. Density bonuses may be awarded to a PD, provided the PD meets the intent of this Chapter and conforms to General Plan policies. (2) Standards. The PD shall not exceed the maximum allowable residential densities specified below by the Residential General Plan land use designation:
General Plan
Designation
Standard
Density
Maximum
Density for Planned
Development Zone
Maximum
Density with Both
PD and Density
Bonuses
Rural
Residential
1-5 du/5 ga 1.0 du/ga 1.0 du/ga
Very Low
Density Residential
1-2 du/ga 2.5 du/ga 3.0 du/ga
Low Density
Residential
2-6 du/ga 6.5 du/ga 8.0 du/ga
Medium
Density Residential
6-10 du/ga 12.0 du/ga 15.0 du/ga
Medium-High
Density
Residential
10-15 du/ga 18.0 du/ga 22.5 du/ga
High Density
Residential
15-40 du/ga 48.0 du/ga 60.0 du/ga
du/ga = dwelling units/gross acre. .
(c) Exterior Entry. A separate exterior entry shall be provided to serve the JADU. (d) Efficiency Kitchen. A JADU shall include an efficiency kitchen. (e) Bathroom Access. 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 need to go outside to access the bathroom.
(f) Off-street Parking. No additional parking is required for a JADU. 9-8-1305 Second Unit Dwelling Plan
For a Second Dwelling Unit Plan, the number of lots upon which second unit dwellings will be located shall be at least 6.5% for lands designated in Specific Plan I and Specific Plan II and 10% for Specific Plan III areas of the total number of detached single family residential lots as defined in each specific neighborhood as illustrated in the Mountain House Master Plan. The number of secondary Dwelling Units per neighborhood shall be depicted on the relevant tentative map or maps, rounded to the nearest whole number.
ATTACHMENT C
Item 8.1
Mountain House Page 815 of 1663
198
CHAPTER 14. RESERVED
CHAPTER 15. RESERVED
CHAPTER 16. HOME OCCUPATION PERMIT
9-8-1601 Intent.
The intent of this Chapter is to provide for business uses in association with residences in cases where such uses will clearly not alter the character or, appearance, or function of the residential environment. Any home occupations that are approved consistent with this Chapter must also operate in compliance with the City of Mountain House Master Restrictions and CC&Rs.
9-8-1602 Permitted Uses.
Any business use that satisfies the requirements of Section 9-8-1605can be operated without adverse effects to the residential neighborhood in terms of traffic, parking, public safety, or other hazards may be accepted as a home occupation, provided said business use is conducted within a legally established residence or within a building whichthat is clearly accessory to a legally established residence. Common examples of permitted home occupations include architecture, engineering, interior design, data processing and other computer-based work, insurance sales, consulting, online sales/commerce, dressmaking/sewing, jewelry or artisan craft making, and other sole-proprietor type businesses that do not rely on customer traffic. 9-8-1603 Requirements for Application.
Applications for Home Occupation Permits may be initiated by the property owner or the property owner’s authorized agent, which is most often a tenant. Applications shall be filed with the Community Development Department. The property proposed to support the home occupation shall contain a minimum of one (1) dwelling unit. A fee, as specified by resolution of the City Council, shall be required.
9-8-1604 Review Procedures.
For proposed home occupations which would not result in a change in the occupancy group of the structure, as defined by the Uniform Building Code, the review procedure for the Home Occupation Permit Application shall be the Staff Review Procedure in Chapter 3 of Division 2. For proposed home occupations which would result in a change in the occupancy group of the structure, or which would be required by State or Federal law to post business hours at the site of said home occupation and/or to be accessible to the public, the review procedure for the Home Occupation Permit Application shall be the Staff Review with Notice Procedure in Chapter 4 of Division 2
Proposed home occupations shall be subject to the Staff Review Procedure. 9-8-1605 Development Requirements.
In order to reduce the impact of a home occupation business to the degree that its affecteffect on the neighborhood is undetectable from normal and usual residential activity, Home Occupation Permits approved pursuant to this Chapter shall comply with the provisions of this Section:
ATTACHMENT C
Item 8.1
Mountain House Page 816 of 1663
199
(a) Permitted Home Occupations. Only home occupations subject to the Staff Review Procedure shall be permitted.
(b) Home Occupations Subject to the Staff Review Procedure. Home Occupation Permit Applications that would not result in a change in the occupancy group of the structure as defined by the Uniform Building Code shall be subject to all of the following:
(1) Appearance. The appearance of the structure shall not be altered, nor shall the occupation within the residence be conducted, in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or signs, or by the emission of sounds, noises, or vibrations. (2b) Employees. All employees shall be members of the resident family and shall reside on the premises.
(3c) Sale of Merchandise. There shall be no sale of merchandise on the premises, nor shall there be any customers or clients permitted on the premises, except for cottage food products consistent with the California Department of Public Health Requirements. (4d) Traffic. Pedestrian and vehicular traffic will be limited to that normally associated with residential districts.
(5e) Commercial Vehicle. The home occupation may involve the use of a commercial vehicle, not to exceed eleven thousand (11,000) pounds gross vehicle weight rating (GVWR), as defined in the California Vehicle Code, or a single-vehicle limousine service. Any commercial vehicle used in a home occupation business shall be parked within a garage or carport ofon the same parcel as the residence where the home occupation business operations occur. (6f) 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. (7g) Storage. There shall be no outdoor storage of materials or equipment; no storage of toxic or hazardous materials, including ammunition and gunpowder, except for those amounts which would normally be permitted by the Uniform Building Code or specifically approved as to type by the Director; nor shall merchandise be visible from outside the home. (8h) Location. The home occupation shall be confined within a building. When conducted in a garage, the home occupation shall not eliminate the use of the garage as a parking space for a car.
(9i) Use of Facilities and Utilities. The use of utilities and community facilities shall be limited to that normally associated with the use of the property for residential purposes. (10j) Advertising. There shall be no public advertising which calls attention to the fact that the home is being used for business purposes. Telephone listings shall not contain the address of the home occupation business.
(11k) Electromagnetic Interference. Electrical or mechanical equipment which creates audible interference in radio receivers or visual or audible interference in television receivers or causes fluctuations in line voltage outside the dwelling unit is prohibited. (12l) Objectionable Impacts. Work that produces noise, vibration, glare, fumes, odors, dust or electrical interference outside of the residence or structure is prohibited. (c) Home Occupations Subject to the Staff Review with Notice Procedure. Proposed home occupations which would result in a change in the occupancy group of the structure as defined by the Uniform Building Code, or which would be required by State or Federal law to post business hours at the site of said home occupation and/or to be accessible to the public, shall be
ATTACHMENT C
Item 8.1
Mountain House Page 817 of 1663
200
subject to all of the requirements of Subsection (a), with the following modifications:
(1) Size Limits. The home occupation may be conducted in a building on the subject property that is accessory to the residence, provided said accessory building does not exceed four hundred (400) square feet of floor area.
(2) Business Visitors/Clients. Business visitors or clients shall be permitted on the subject property, provided the number of such visits does not exceed two (2) per day. (3) Approval by Fire Marshall. The home occupation shall be subject to the approval of the Fire Marshall. m) Number of Home Occupations. No more than two (2) home occupations may be operated from any given residence or parcel. 9-8-1606 Noncompliance with Development Requirements.
The Review Authority may voidrevoke any Home Occupation Permit for noncompliance with the development requirements set forth in approving the permit, and shall give notice of such action to provided that the permittee, as provided in Chapter 7 of Division 2 is given notice and an opportunity to be heard.
9-8-1607 Restricted Home Occupations.
The following home occupations are permitted subject to specific requirements and limitations:
(a) Construction Contractors. No on-site storage of heavy equipment or construction materials is permitted. A maximum of one (1) pickup truck that is associated with the business may be parked on-site.
(b) Cottage Food Operations. Cottage Food businesses may be permitted only in compliance with all applicable State, County, and City regulations. (c) Small Equipment Repair. No customer deliveries or pick-up may occur at the residence. Any testing must occur within an enclosed building. (d) Furniture Repair/Restoration. No customer deliveries or pick-up may occur at the residence.
(e) Landscape Maintenance. No on-site storage of fertilizers, pesticides, plants, soils, or heavy equipment/machinery. A maximum of one (1) pickup truck that is associated with the business may be parked on-site.
(f) Mail Order Businesses. Direct on-site sales prohibited. (g) Manufacturing of Artisan Crafts, Clothing, etc. Only light-duty equipment that is typically associated with residential use is permitted. (h) Private Lessons and Individual Instruction. Only one (1) student may be instructed at a time.
9-8-1608 Prohibited Uses.
The following uses are expressly prohibited as home occupations:
(a) Taxicab, limousine, ambulance services, tow truck services, hearse service, or other services involving the on-call dispatching of a vehicle parked at the residence by radio, telephone, or other means;
(b
(b) Ammunition reloading;
(c) Any business activities associated with cannabis-based products; (d) Bed and Breakfast lodging;
ATTACHMENT C
Item 8.1
Mountain House Page 818 of 1663
201
(e) Ceramics production, repair, or maintenance using a kiln of six (6) cubic feet or larger;
(f) Dog and cat breeding;
(g) Gym, dance, or exercise studio;
(h) Mortician services;
(i) Medical or dental office;
(j) Private club;
(k) Restaurants;
(l) Retail sales, except those associated with an artist’s, artisan’s, or photographer’s original work;
(m) Veterinary services;
(n) Welding shop;
(o) Storage, repair, or reconditioning of cars, boats, recreational vehicles, and other motorized vehicles;
(cp) Storage, repair or reconditioning of major household appliances or other such large mechanical equipment on-site;
(dq) Any use that is included in Group H Occupancies;
(er) Such other uses as determined by the Director to be incompatible with residences, residential uses, or the residential character of the neighborhood. 9-8-16089-8-1609 Renewal of Home Occupation Permit Without Penalty.
A holder of a Home Occupation Permit who is in violation of the provisions under which it was originally issued, and who has received notice from the City that said Permit has been revoked, may renew the Home Occupation Permit without penalty, provided the home occupation business is conducted in accordance with the provisions of this Chapter. The holder of such Home Occupation Permit shall have thirty (30) days from the date of receipt of written notification of required renewal by the City to renew said Home Occupation Permit.
CHAPTER 17. FLOOD VARIANCE PROCEDURES
9-8-1701 Nature of Flood Variances.
(a) The issuance of a Flood Variance is for floodplain management purposes only.
Insurance premium rates are determined by statute according to actuarial risk and will not be modified by the granting of a Flood Variance.
(b) The Flood Variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that Flood Variances pertain to a piece of property and are not personal in nature. A Flood Variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. (c) It is the duty of the Community Development Department and the Department of Public Works to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below flood level are so serious that Flood Variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long term goal of preventing and reducing flood loss and damage can only be met if
ATTACHMENT C
Item 8.1
Mountain House Page 819 of 1663
202
Flood Variances are strictly limited. Therefore, the Flood Variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a Flood Variance can be properly granted. The criteria are designed to screen-out those situations in which alternatives other than a Flood Variance are more appropriate. 9-8-1702 Conditions for Flood Variances.
(a) Generally, Flood Variances may be issued for new construction, substantial improvement, and other proposed new development to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing that the procedures of Division 16 of this ordinance have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the Flood Variance increases.
(b) Flood Variances may be issued for the repair or rehabilitation of “historic structures” upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the Flood Variance is the minimum necessary to preserve the historic character and design of the structure. (c) Flood Variances shall not be issued within any mapped regulatory floodway if any increase in flood levels during the bas discharge would result. (d) Flood Variances shall only be issued upon a determination that the Flood Variance is the “minimum necessary” considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this ordinance. For example, in the case of Flood Variances to an elevation requirement, this means the Community Development Department and the Department of Public Works need not grant permission for the applicant to build at grade, or even to whatever elevation the applicant proposes, but only to that elevation which the Community Development Department and the Department of Public Works believe will both provide relief and preserve the integrity of the local ordinance. (e) Any applicant to whom a Flood Variance is granted shall be given written notice over the signature of a community official that:
(1) The issuance of a Flood Variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as twenty-five dollars ($25.00) for one hundred dollars ($100.00) of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the Floodplain Administrator in the Office of the City of Mountain House Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land.
(f) The Floodplain Administrator will maintain a record of all Flood Variance actions, including justification for their issuance, and report such Flood Variances issued in its biennial report submitted to the Federal Emergency Management Agency. 9-8-1703 Appeal Board.
(a) In passing upon requests for Flood Variances, the Community Development Department and the Department of Public Works shall consider all technical evaluations, all relevant factors, standards specified in other sections of this ordinance, and the:
(1) Danger that materials may be swept onto other lands to the injury of others; (2) Danger of life and property due to flooding or erosion damage; (3) Susceptibility of the proposed facility and its contents to flood damage and the
ATTACHMENT C
Item 8.1
Mountain House Page 820 of 1663
203
effect of such damage on the existing individual owner and future owners of the property; (4) Importance of the services provided by the proposed facility to the community; (5) Necessity to the facility of a waterfront location, where applicable; (6) Availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(7) Compatibility of the proposed use with existing and anticipated development; (8) Relationship of the proposed use to the comprehensive plan and floodplain management program for that area;
(9) Safety of access to the property in time of flood for ordinary and emergency vehicles;
(10) Expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and
(11) Costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water system, and streets and bridges.
(b) Flood Variances shall only be issued upon a:
(1) Showing of good and sufficient cause;
(2) Determination that failure to grant the Flood Variance would result in exceptional “hardship” to the applicant; and
(3) Determination that the granting of a Flood Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create a nuisance (see “Public safety and nuisance”), cause “fraud and victimization” of the public, or conflict with existing local laws or ordinances.
(c) Flood Variances may be issued for new construction, substantial improvement, and other proposed new development necessary for the conduct of a functionally dependent use provided that the provisions of 9-8-1703(a) through 9-8-1703(d) are satisfied and that the structure or other development is protected by methods that minimize flood damages during the base flood and does not result in additional threats to public safety and does not create a public nuisance. (d) Upon consideration of the factors of 9-8-1702(a) and the purposes of this ordinance, the Community Development Department and the Department of Public Works may attach such conditions to the granting of Flood Variances as it deems necessary to further the purposes of this ordinance.
9-8-1704 Review Procedure.
The review procedure for a Flood Variance Application shall be a Public Hearing by the Planning Commission, as set forth in Chapter 5 of Division 2. 9-8-1705 Exceptions and Exclusions.
The following provisions shall apply:
(a) Flood Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed in the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Chapter; and (b) Flood Variances shall not be issued within a floodway if an increase in flood levels during the one hundred (100) year flood discharge would result.
ATTACHMENT C
Item 8.1
Mountain House Page 821 of 1663
204
9-8-1706 Findings.
Prior to approving an application for a Flood Variance, the Review Authority shall find that all of the following are true:
(a) There is good and sufficient cause for the Flood Variance; (b) Failure to grant the Flood Variance would result in exceptional hardship to the applicant;
(c) The Flood Variance will not result in increased flood heights, create additional threats to public safety, produce extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; (d) The Flood Variance is the minimum necessary, considering the flood hazard, to afford relief; and
(e) Granting of the Flood Variance will not constitute a grant of special privileges inconsistent with the limitations on similarly situated properties subject to the City’s flood regulations.
9-8-1707 Notice of Increased Risk.
Any applicant to whom a Flood Variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the regulatory flood elevation and that the cost of insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. The notice shall be prepared by the Community Development Department and recorded by the office of the City of Mountain House Recorder in such a manner to make it appear in the chain of title of the affected parcel of land.
CHAPTER 18. AGRICULTURAL EXCAVATION PERMITSRESERVED
9-8-1801 Intent.
The intent of this Chapter is to provide a method for:
(a) Allowing the removal of excess material from property in order to increase the property’s agricultural potential, while protecting people, property, and the environment from impacts caused by the grading excavation; and
(b) Ensuring the reclamation of excavation sites.
9-8-1802 Permitted Zones.
Applications for Agricultural Excavation Permits may be accepted in the following zones:
(a) AL zone;
(b) AG zone;
(c) AU zone.
9-8-1803 Requirements for Application.
An application for an Agricultural Excavation Permit shall include the following:
(a) A Certified Grading Plan prepared by a registered civil engineer; (b) An Operational Statement;
(c) A soils report, prepared by a soil scientist qualified to analyze agricultural soils, shall be required for all proposals where the topsoil is not proposed to be replaced; (d) An Excavation/Reclamation Plan and schedule prepared by a registered civil engineer;
ATTACHMENT C
Item 8.1
Mountain House Page 822 of 1663
205
(e) Proposed methods of financial guarantees of performance; (f) An Erosion, Sediment and Pollution Control Plan to minimize impacts on waterways and/or roadways during excavation; and
(g) A fee as specified by resolution of the City Council. 9-8-1804 Review Procedures.
The review procedure for an Agricultural Excavation Permit Application shall be the Staff Review With Notice procedure, as set forth in Chapter 4 of Division 2. 9-8-1805 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.
9-8-1806 Development Standards.
Approved Agricultural Excavation Permits shall be subjected to the development standards specified in Chapter 3 of Division 14.
9-8-1807 Time Limit on Approvals.
If the excavation does not commence within eighteen (18) months after the date of approval of the Agricultural Excavation Permit, the permit shall lapse and become void. 9-8-1808 Expansion.
A new Agricultural Excavation Permit shall not be required for the expansion of an existing or approved agricultural excavation, provided all of the following requirements are satisfied:
(a) Any proposed expansion(s) may involve no more than a ten percent (10%) increase in the overall site area covered by the existing or approved agricultural excavation; (b) The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property or on significant biotic resources on the site; (c) The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; and (d) An Improvement Plan pursuant to Section 9-8-2801 is submitted to the City. 9-8-1809 Surface Mining and Reclamation Act.
Approved Agricultural Excavation Permits shall be subject to the regulations adopted by the State Mining and Geology Board as authorized by the California Surface Mining and Reclamation Act (SMARA) of 1975 (Public Resource Code Section 2710 et seq.), as amended; Public Resource Code Section 2207; and the California Code of Regulations adopted pursuant
ATTACHMENT C
Item 8.1
Mountain House Page 823 of 1663
206
thereto (Title 14, Section 3500 et seq.).
CHAPTER 19. MAJOR SUBDIVISIONS
9-8-1901 Intent.
The intent of this Chapter is to provide a method for reviewing and approving Major Subdivision Applications.
9-8-1902 Requirements for Application.
A Major Subdivision Application may be initiated by the property owner or the property owner’s authorized agent. The application shall include a Tentative Map or, at the option of the applicant, a Vesting Tentative Map and other maps or documents required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.
In addition to the application requirements specified in Section 9-8-1902 and Chapters 2 of Division 9 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 9-10-709, 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 CSDCity 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
ATTACHMENT C
Item 8.1
Mountain House Page 824 of 1663
207
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 9-8-1305; (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.
9-8-1903 Review Procedures.
Major Subdivision Applications shall be reviewed using the Public Hearing Procedure specified in Chapter 5 of Division 2, with the following modifications:
(a) Action with no EIR. If an Environmental Impact Report is not required, the final action on the application shall be rendered within fifty (50) calendar days after it is accepted as complete.
(b) Action with EIR. If an Environmental Impact Report is required, the final action shall be rendered within forty-fivefifty (4550) calendar days after certification of the Environmental Impact Report.
(c) Appeals. Appeals of any Planning Commission decision shall be heard by the City Council within thirty (30) calendar days, or any mutually agreed upon extension thereof, after the date of filing the appeal. A final decision shall be rendered within ten (10) calendar days, or any authorized extension thereof, after the conclusion of the hearing before the City Council. (d) Notice of Hearing. Notification of any public hearing shall include publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing.
ATTACHMENT C
Item 8.1
Mountain House Page 825 of 1663
208
(e) Notice of Multiple Final Maps. If the applicant intends to file multiple final maps, the applicant shall inform the Review Authority of such intention at the time of filing the Major Subdivision Application or prior to the public hearing on the Major Subdivision Application. 9-8-1904 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 SpeSpecific Plan, any applicable Special Purpose Plan, the Public Financing Plan, and any other applicable plan adopted by the City; (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 City; (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.
9-8-1905 Expiration Date.
A Major Subdivision Application which has been approved shall expire thirty-six (36) months after the date of its approval, unless otherwise specified in this Title. 9-8-1906 Vested Rights.
An approved Major Subdivision Application that includes a Vesting Tentative Map shall confer rights as set forth in this section.
(a) Vested Rights. The approval of the Major Subdivision Application shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66498.1 of the Government Code. (b) Exceptions. Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be conditioned or denied if either of the following is determined:
ATTACHMENT C
Item 8.1
Mountain House Page 826 of 1663
209
(1) Failure to do so would place the residents of the subdivision, the immediate community, or both in a condition dangerous to their health, safety, or both; or (2) Condition or denial is required in order to comply with state or federal law. (c) Time Periods. The vested rights referred to in Subsection (a) shall expire if a final map is not approved prior to the expiration of the approved Major Subdivision Application. If the final map is approved, vested rights shall continue as follows:
(1) Vested rights shall remain in effect for an initial time period of one (1) year. Where several final maps are recorded on various phases of a project covered by a single Vesting Tentative Map, this one (1) year initial time period shall begin for each phase when the final map for that phase is recorded. All of said final maps must be recorded within the time period set forth in Section 9-8-1905, or the vested rights shall expire for those parcels for which final maps are not timely recorded.
(2) The one (1) year initial time period set forth in Subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit, if one (1) is required, or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed. (3) If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections (c)(1) and (c)(2) or during any approved time extensions of the initial one (1) year time period specified in Subsection (c)(1), the vested rights referred to in this section shall continue until the expiration of that building permit, or any extension of that building permit.
(d) Subsequent Conditioning. Consistent with Subsection (a), an approved or conditionally approved Vesting Tentative not limit the Review Authority from imposing reasonable conditions on subsequent approvals or permits necessary development. 9-8-1907 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.
9-8-1908 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.
9-8-1909 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 3 of Division 2 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;
ATTACHMENT C
Item 8.1
Mountain House Page 827 of 1663
210
(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. 9-8-1910 Amendment of Second Unit Dwelling Plan.
An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 3 of Division 2 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.
CHAPTER 20. MINOR SUBDIVISIONS
9-8-2001 Intent.
The intent of this Chapter is to provide a method for reviewing and approving Minor Subdivision Applications.
9-8-2002 Requirements for Application.
In addition to the application requirements specified in Section 9-860.2 and Chapter 2 of Division 9 of the Development Title, the additional application requirements specified in Section 9-8-1902 for Major Subdivision Applications shall be required for Minor Subdivision Applications.
9-8-2003 Review Procedures.
Minor Subdivision Applications shall be reviewed using the Staff Review With Notice procedure specified in Chapter 4 of Division 2, with the following modifications:
(a) Action with No EIR. If an Environmental Impact Report is not required, the final action on the application shall be rendered within fifty (50) calendar days after it is accepted as complete.
(b) Action with EIR. If an Environmental Impact Report is required, the final action shall be rendered within forty-fivefifty (4550) calendar days after certification of the Environmental Impact Report.
(c) Appeals. Appeals of any decision shall be heard by the appropriate Review Authority within thirty (30) calendar days, or any mutually agreed upon extension thereof, after the date of filing the appeal. A final decision shall be rendered within ten (10) calendar days, or any authorized extension thereof, after the conclusion of the hearing. (d) Notice of Hearing. Notification of any public hearing shall include publication in a newspaper of general circulation within the City at least ten (10) days prior to the hearing.
ATTACHMENT C
Item 8.1
Mountain House Page 828 of 1663
211
9-8-2004 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 City; (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 City; (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.
9-8-2005 Expiration Date.
A Minor Subdivision Application which has been approved or conditionally approved shall expire thirty-six (36) months after the date of its approval or conditional approval, unless otherwise specified in this Title.
9-8-2006 Vested Rights.
An approved Minor Subdivision Application that includes a Vesting Tentative Map shall confer rights as set forth in this section.
(a) Vested Rights. The approval or conditional approval of the Minor Subdivision Application shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 66498.1 of the Government Code. (b) Exceptions. Notwithstanding Subsection (a), a permit, approval, extension, or entitlement may be conditioned or denied if either of the following is determined:
(1) Failure to do so would place the residents of the subdivision, the immediate community, or both in a condition dangerous to their health, safety, or both; or (2) Condition or denial is required in order to comply with state or federal law.
ATTACHMENT C
Item 8.1
Mountain House Page 829 of 1663
212
(c) Time Periods. The vested rights referred to in Subsection (a) shall expire if a parcel map is not approved prior to the expiration of the approved Minor Subdivision Application. If the parcel map is approved, vested rights shall continue as follows:
(1) Vested rights shall remain in effect for an initial time period of one (1) year. A parcel map must be recorded within the time period set forth in Section 9-860.59-8-2005, or the vested rights shall expire.
(2) The one (1) year initial time period set forth in Subsection (c)(1) shall be automatically extended by any time used for processing a complete application for a grading permit, if one is required, or for any required design or architectural review, if such processing exceeds thirty (30) days from the date a complete application is filed. (3) If the subdivider submits a complete application for a building permit during the periods of time specified in Subsections (c)(1) and (c)(2) or during any approved time extensions of the initial one (1) year time period specified in Subsection (c)(1), the vested rights referred to in this section shall continue until the expiration of that building permit or any extension of that building permit.
(d) Subsequent Conditioning. Consistent with Subsection (a), an approved or conditionally approved Vesting Tentative Map shall not limit the Review Authority from imposing reasonable conditions on subsequent approvals or permits necessary for the development.
9-8-2007 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.
9-8-2008 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.
9-8-2009 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 3 of Division 2 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.
ATTACHMENT C
Item 8.1
Mountain House Page 830 of 1663
213
9-8-2010 Amendment of Second Unit Dwelling Plan.
An approved Second Unit Dwelling Plan may be amended using the Staff Review procedure specified in Chapter 3 of Division 2 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.
CHAPTER 21. CITY-INITIATED MERGERS
9-8-2101 Intent.
The intent of this Chapter is to provide a method for the City to initiate the merger of two or more existing, contiguous parcels or units of land under the same ownership in order to achieve orderly development, protect new development, and implement the policies of the General Plan. 9-8-2102 Requirements for Application.
Applications for CountyCity-Initiated Mergers may be initiated by the City Council, the Planning Commission, or the Director of the Community Development Department. A CountyCity-Initiated Merger may proceed only if the parcels are under the same ownership, one (1) of the parcels or units has less area than the minimum parcel area or lot area required for new parcels or lots by the regulating zone, and if the requirements of Subsections (a) and (b) are satisfied.
(a) Development. At least one (1) of the affected parcels is: 1) undeveloped by any structure for which a building permit was issued, or for which a building permit was not required at the time of construction, 2) is developed only with an accessory structure or structures, or 3) is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.
(b) Substandard Conditions. With respect to any affected parcel, one (1) or more of the following conditions exists:
(1) The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger;
(2) The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;
(3) The parcel does not meet current standards for sewage disposal and domestic water supply;
(4) The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;
(5) Development of the parcel would create health or safety hazards; (6) Existence of the parcel is inconsistent with the General Plan and any applicable Specific Plan or Special Purpose Plan, other than minimum lot size or density standards; or (7) The parcel does not meet slope stability standards. (c) Ownership. For purposes of determining whether contiguous parcels are held by
ATTACHMENT C
Item 8.1
Mountain House Page 831 of 1663
214
the same owner, ownership shall be determined as of the date that the Notice of Intention to Determine Status is recorded pursuant to this Chapter.
(d) Exceptions. This section shall not apply if any of the conditions stated in Sections 66451.11(b)(A), (B), (C), or (D) of the Subdivision Map Act exist. (e) Fee. A fee, as specified by resolution of the City Council, shall be required. 9-8-2103 Review Procedures.
City-Initiated Merger Applications shall be reviewed by the Review Authority, cited in Section 9-8-2103, using the Staff Review With Notice procedure in Chapter 4 of Division 2, with the following modifications:
(a) Notice of Intention to Determine Status. Prior to recording a Notice of Merger, the Director of Community Development shall mail, by certified mail, a Notice of Intention to Determine Status to the current recorded owner of the property. (1) The Notice of Intention to Determine Status shall state that the affected parcels may be merged pursuant to this Chapter and that the owner may request a hearing before the Director to present evidence that the property does not meet the criteria for merger. (2) The Notice of Intention to Determine Status shall be filed for record with the County Recorder on the date the notice is mailed to the property owner. (b) Hearing. The owner of the affected parcels may file a written request for a hearing to determine whether his parcels should or should not be merged. When a hearing is requested, the following procedures shall be followed:
(1) Request for Hearing. At any time within thirty (30) calendar days after the recording of the Notice of Intention to Determine Status, the owner of the affected property may file a written request for a hearing with the Community Development Department. (2) Scheduling of Hearing. Upon receipt of the written request for a hearing, the Director shall set a time, date, and place for said hearing and notify the property owner of said information by certified mail. The hearing shall be conducted not more than sixty (60) days following the filing of the property owner’s request for hearing, or the hearing may be postponed or continued by mutual consent of the Director and the property owner. (3) Presentation of Evidence. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the requirements for merger specified in Section 9-8-2103, Subsections (a) and (b). (4) Decision. At the conclusion of the hearing, the Director shall make a determination that the parcels are to be merged or are not to be merged, based on the standards for merger specified in Section 9-8-2103, Subsections (a) and (b). The owner shall be notified of the Director’s determination.
(5) Appeal. The owner of the property may appeal the Director’s determination pursuant to the procedures set forth in Chapter 4 of Division 2. (c) Notice of Merger. If it is decided that the parcels are to be merged, the Director shall file a Notice of Merger with the County Recorder within the following time limits:
(1) Within thirty (30) days after the conclusion of the hearing specified by Subsection (b);
(2) Within thirty (30) days after the conclusion of the hearing convened as a result of the appeal specified in Subsection (b).
(d) Within ninety (90) days after the mailing of the Notice of Intention to Determine Status specified in Subsection (a) if the owner of the affected parcels has not filed a Request for
ATTACHMENT C
Item 8.1
Mountain House Page 832 of 1663
215
Hearing within the time period specified in Subsection (b). (e) Release of Notice of Intention to Determine Status. If it is decided that the parcels are not to be merged, the Director shall file a Release of Notice of Intention to Determine Status with the County Recorder and shall mail a clearance letter to the recorded owner of the affected parcels.
CHAPTER 22. VOLUNTARY MERGERS
9-8-2201 Intent.
The intent of this Chapter is to provide for the owner-initiated merger of contiguous parcels under common ownership without reversion to acreage, pursuant to Section 66499.20 of the Government Code.
9-8-2202 Requirements for Application.
Applications for Voluntary Mergers may be initiated by the owner of record of the subject parcels or by the authorized agent of the owner of record. The application shall include such documents and information as required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.
9-8-2203 Review Procedure.
The review procedure for voluntary mergers shall be Staff Review as provided in Chapter 3 of Division 2. A Voluntary Merger may be approved if it is found that all of the properties involved in the merger are in common ownership.
9-8-2204 Development Requirements.
Mergers approved under the provisions of this Chapter shall be subject only to those conditions which insure that the proposal meets the minimum area and width requirements of the regulating zone. All mergers shall be recorded with an instrument evidencing the merger.
CHAPTER 23. REVERSION TO ACREAGE
9-8-2301 Intent.
The intent of this Chapter is to specify the procedures under which subdivided property may be reverted to acreage.
9-8-2302 Requirements for Application.
Applications for Reversion to Acreage may be initiated by petition of all of the owners of record of the subject parcels or by the owners’ of record authorized agent, or by the City Council in a resolution initiating such proceedings. The application shall include a tentative map, evidence of title to the real property, and such other information as may be required by the review authority. A fee, as specified by resolution of the City Council, shall be required. 9-8-2303 Review Procedures.
A Reversion to Acreage Application shall be reviewed using the Public Hearing Review Procedure as specified in Chapter 5 of Division 2, with modifications as provided in this Section. (a) Planning Commission. At the conclusion of the Public Hearing, the Planning
ATTACHMENT C
Item 8.1
Mountain House Page 833 of 1663
216
Commission shall recommend approval of the application or deny the application. (1) If the Planning Commission recommends approval, the application shall be reviewed by the City Council.
(2) If the Planning Commission denies the Reversion to Acreage Application, the action is final, unless appealed to the City Council.
(b) City Council. The City Council shall hold a Public Hearing to take final action if the Planning Commission has recommended approval or if the Planning Commission’s denial was appealed.
9-8-2304 Findings.
The BoardCity Council may approve a Reversion to Acreage Application only if it finds that dedications or offers of dedication to be vacated or abandoned by the reversion to acreage are unnecessary for present or prospective public purposes, based upon the policies and designations in the General Plan, and either:
(a) Consent. All owners of an interest in the real property within the subdivision have consented to reversion;
(b) Lack of Improvements. None of the improvements required to be made have been made within two (2) years from the date the final or parcel map was filed for record, or within the time allowed by agreement for completion of the improvements, whichever is later; or (c) Lack of Lot Sales. No lots shown on the final or parcel map have been sold within five (5) years from the date such map was filed for record. 9-8-2305 Conditions.
The BoardCity Council shall require as conditions of the reversion:
(a) Dedications. Dedications or offer to dedicate streets or easements; and (b) Retentions. The retention of all or a portion of previously paid subdivision fees, deposits, or improvements securities if the same are necessary to accomplish any of the provisions of this Division.
9-8-2306 Return of Fees and Deposits.
Except as provided in Section 9-8-2305, upon filing of the final map for Reversion of Acreage with the County Recorder, all fees and deposits shall be returned to the subdivider and all improvement securities shall be released by the City Council. 9-8-2307 Effect of Filing Final Map.
Reversion shall be effective upon the filing of the final map for record by the County Recorder. Upon filing, all dedications and offers of dedication not shown on the final map for reversion shall be of no further force and effect and shall be shown as such on the assessment roll. 9-8-2308 Effect of Filing Parcel Map.
If there are four (4) or fewer parcels under the same ownership to be reverted to acreage, the recording of a parcel map shall constitute a legal reversion to acreage of the land, abandonment of all streets and easements not shown on the parcel map, and a merger of the separate parcels into one (1) parcel, and these shall be shown as such on the assessment roll.
ATTACHMENT C
Item 8.1
Mountain House Page 834 of 1663
217
CHAPTER 24. LOT LINE ADJUSTMENTS
9-8-2401 Intent.
It is the intent of this Chapter to provide for a method of reviewing applications for lot line adjustments.
9-8-2402 Requirements for Application.
An application for a Lot Line Adjustment shall include a site plan and may be accepted only if the following apply:
(a) Number of Lots. The Lot Line Adjustment is between four (4) or fewer existing adjoining parcels and the application approval will not result in more lots than currently exist.
Successive Lot Line Adjustments of adjoining parcels under the same ownership are prohibited.
This limitation on Lot Line Adjustments does not apply to Lot Line Adjustments between different landowners who are adjusting common boundaries;
(b) Encroachment. The application approval will not result in an encroachment into, but not limited to, any public easement, right-of-way, required yard, or required areas for wells, septic tanks, or leach fields;
(c) Frontage. Parcels that have frontage on a County, city, or state maintained roadway must continue to have such frontage after the adjustment, unless the Review Authority determines that the use of a private right-of-way, in accordance with Section 9-11-514, would create a better use of land that is consistent with this Title; (d) Public Services. Public Services as addressed by Division 11 of this Title are provided to all parcels reduced to less than 2 acres;
(e) Zoning Minimum. All parcels shall conform to the zone minimum of the parcel area before and after adjustment, or at least not increase the number of existing, nonconforming parcels. Nonconforming parcels shall not be transferred from one zone classification to another zone classification;
(f) Nonbuildable Parcels. The lot line adjustment shall not result in any new nonbuildable parcels;
(g) Yards and Lot Widths. Adjusted parcels shall meet all minimum yard and lot width requirements, or at least not increase the degree of nonconformity; (h) Other Requirements. Building code requirements and all other requirements of the General Plan and zone in which the subject properties are located are met; and (i) Fee. A fee, as specified by resolution of the City Council, shall be required.
Applications for lot line adjustments must meet all of the above criteria. Applications not meeting all of the above criteria shall be processed as either a Major Subdivision or a Minor Subdivision Application, depending on the number of parcels being adjusted. 9-8-2403 Review Procedures.
The review procedure for a Lot Line Adjustment Application shall be the Staff Review Procedure as specified in Chapter 3 of Division 2.
9-8-2404 Development Requirements.
Lot line adjustments approved under the provisions of this Chapter shall be reviewed only for conformity with General Plan, zoning and building regulations of the City. Only those conditions or exactions that are necessary to conform to said General Plan, zoning and building
ATTACHMENT C
Item 8.1
Mountain House Page 835 of 1663
218
regulations; or to require the prepayment of real property taxes prior to the approval of the lot line adjustment; or to facilitate the relocation of existing utilities, infrastructure, or easements; may be imposed by the review authority. Approved lot line adjustments shall require the recording of a Notice of Lot Line Adjustment or a Record of Survey, if required by the Business and Professions Code.
CHAPTER 25. CERTIFICATES OF COMPLIANCE
9-8-2501 Intent.
The intent of this Chapter is to provide a method of reviewing requests to determine the compliance of property with the provisions of the Subdivision Map Act and this Title. 9-8-2502 Requirements for Application.
An Application for a Certificate of Compliance may be made by any person owning real property subject to the provisions of this Division or a vendee of such person pursuant to a contract of sale of such property. Applications for Certificates of Compliance shall include a site plan and any other maps or documents required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.
9-8-2503 Review Procedures.
The review procedure for a Certificate of Compliance shall be Staff Review as set forth in Chapter 3 of Division 2.
9-8-2504 Determinations and Requirements for Issuance.
The Review Authority shall review the application for a Certificate of Compliance and shall make one of the following determinations based on that review:
(a) Issuance. If the parcel is found to comply with all provisions of the Subdivision Map Act and the City, a Certificate of Compliance shall be issued pursuant to Section 66499.35(a) of the Government Code; or
(b) Conditional Issuance. If the parcel does not comply with regulations in effect at the time of its creation or does not comply with current regulations, the parcel shall be found not to comply with state and CountyCity regulations and a Conditional Certificate of Compliance which states the conditions required to bring the parcel into compliance shall be issued, pursuant to Section 66499.35(b) of the Government Code. Only conditions that would have been applicable at the time the applicant acquired his or her interest in the property may be imposed. Conditions may not exceed the requirements at the time the parcel was created. However, if an applicant was the owner of record at the time of the initial violation of the Subdivision Map Act or of local ordinances enacted pursuant to the Act, conditions may be imposed which are applicable to a current division of property. Fulfillment of all conditions shall be required prior to subsequent issuance of any permit or grant of approval for development of the property. 9-8-2505 Documents Constituting Certificates of Compliance.
A recorded final map or parcel map shall constitute a Certificate of Compliance declaring all parcels described therein to be in compliance with state and CountyCity regulations.
ATTACHMENT C
Item 8.1
Mountain House Page 836 of 1663
219
9-8-2506 Real Property Approved for Development.
A Certificate of Compliance shall be issued for any “real property which has been approved for development,” as defined in Government Code Section 66499.34, upon request by the owner(s) of the real property or vendees of such owner(s) pursuant to a contract of sale of the property.
9-8-2507 Development of Parcels.
The granting of a Certificate of Compliance does not constitute a guarantee that the property may be built upon or developed.
9-8-2508 Procedure.
Upon making a determination under Section 9-8-2503, the City shall take the steps outlined in Government Code subdivisions (a) and (b) of Government Code Section 66499.35.
CHAPTER 26. REVISIONS OF APPROVED ACTIONS
9-8-2601 Intent.
The intent of this Chapter is to provide a method for allowing amendments to recorded maps as provided for in Section 66472.1 of the Government Code and to conditions of approved applications.
9-8-2602 Requirements for Application.
Applications for Revisions of Approved Actions may be initiated by the property owner or by the property owner’s authorized agent. The application shall include such documents and other information required by the Review Authority. A fee, as specified by resolution of the City Council, shall be required.
9-8-2603 Review Procedures.
Applications for Revisions of Approved Actions shall be reviewed by the Review Authority which imposed the condition to be considered for amendment. However, for requests to amend a parcel map or final map, the Review Authority shall be the Planning Commission.
Applications shall be reviewed and acted upon using the review procedure specified below with modifications to said procedure as noted:
(a) Minor Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Minor Subdivision Application, the review procedure shall be the Staff Review With Notice Procedure, as specified in Chapter 4 of Division
2. (b) Major Subdivision Applications. For amendments to conditions of a Tentative Map or a Vesting Tentative Map of an approved Major Subdivision Application, the review procedure shall be the Public Hearing Review Procedure, as specified in Chapter 5 of Division 2. (c) Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the review procedure shall be the Staff Review With Notice Procedure.
(d) Parcel Maps or Final Maps. For amendments to a parcel map or a final map, the review procedure shall be the Public Hearing Review Procedure. The Review Authority shall confine its review to consideration of and action on the proposed amendment.
ATTACHMENT C
Item 8.1
Mountain House Page 837 of 1663
220
9-8-2604 Findings.
Prior to approving an application for Revisions of Approved Actions, the Review Authority shall make the following findings:
(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 19 of Division 8, if a major subdivision, or to the findings of Chapter 20 of Division 8, if a minor subdivision.
(b) Other Discretionary Applications. For amendments to conditions of all other approved discretionary applications, the Review Authority shall find that all the findings required for the discretionary application under consideration are true. (c) Parcel Maps or Final Maps. For amendments to a parcel map or a final map, the Review Authority shall find that all of the following are true:
(1) There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary;
(2) The amendments do not impose any additional burden on the present fee owner of the property; and
(3) The amendments do not alter any right, title, or interest in the real property reflected on the recorded map.
9-8-2605 Inapplicability.
This chapter shall not be applicable to amendments to the face of a Tentative Map or a Vesting Tentative Map of an approved Major or Minor Subdivision Application. For such changes, a new Major or Minor Subdivision Application shall be filed.
CHAPTER 27. TIME EXTENSIONS
9-8-2701 Intent.
The intent of this Chapter is to provide a method for allowing time extensions for approved applications.
9-8-2702 Requirements for Application.
Applications for Time Extensions may be initiated by the property owner or the property owner’s authorized agent. The application shall include such documents and other information as required by the Review Authority. The Time Extension Application shall be submitted to the Community Development Department prior to the expiration date of the original development application. A fee, as specified by resolution of the City Council, shall be required. 9-8-2703 Review Procedures.
Applications for Time Extensions shall be reviewed and acted upon by the Review Authority that approved the original development application. Time Extension Applications shall be reviewed using the review procedure required for the original development application, except for the modifications specified below:
ATTACHMENT C
Item 8.1
Mountain House Page 838 of 1663
221
(a) Major or Minor Subdivisions. If an application for an extension of the expiration date of an approved Major or Minor Subdivision Application is denied by the Review Authority, the applicant may appeal the decision within fifteen (15) calendar days of the denial. (b) Vested Rights. If an application for an extension of the expiration date of the vested rights in effect after the filing of a parcel map or final map is denied, the applicant may appeal the decision within fifteen (15) calendar days of the denial. 9-8-2704 Time Extensions.
(a) Automatic Time Extension. Upon receipt of an application for Time Extension from the landowner (or the landowner’s successor in interest) submitted prior to the expiration of the landowner’s approved development application, an automatic extension of the expiration date of said development application shall be granted by the Director for a period of not to exceed sixty (60) days, or until the application for Time Extension is approved, conditionally approved, or denied, whichever occurs first. The period of said automatic time extension shall be deducted from the period for the normal Time Extension application that is subsequently submitted by the landowner for the development application.
(b) Time Extensions for Major or Minor Subdivisions. Time Extensions for Major or Minor Subdivision Applications may be granted as follows:
(1) An extension of the expiration of an approved Major or Minor Subdivision Application may be granted by the Review Authority for a period or periods not to exceed six (6) years. Upon receipt of an application for Time Extension, the approved Major or Minor Subdivision Application shall be automatically extended for sixty (60) days, or until the application for extension is approved, conditionally approved, or denied, whichever occurs first. (2) An extension of the expiration date of the vested rights in effect after the filing of a parcel map or final map may be granted by the Review Authority for a period or periods not to exceed one (1) year.
(3) An extension of the expiration date of an approved Major or Minor Subdivision application may be granted by the Director for period of time during which a lawsuit, involving the approval or conditional approval of the tentative map, is or was pending in a court of competent jurisdiction. The application for Time Extension shall include documentation of the dates from when the lawsuit was filed with the court and when the case was dismissed or a final judgment rendered by the court.
(c) Time Extensions for Other Development Applications. Time Extensions for approved development applications may be granted by the Review Authority for a period or periods not to exceed one (1) year.
CHAPTER 28. IMPROVEMENT PLANS
9-8-2801 Intent.
It is the intent of this Chapter to provide a method for reviewing Improvement Plans for conformance with City of Mountain House Improvement Standards and conditions of approval for discretionary applications.
9-8-2802 Improvement Plan Requirements.
Improvement Plans shall be prepared by a registered civil engineer, unless waived by the Director. Off-site and on-site improvements required by City of Mountain House Improvement
ATTACHMENT C
Item 8.1
Mountain House Page 839 of 1663
222
Standards and conditions of approval for the application shall be incorporated into the Improvement Plans. The plans shall be reviewed and approved by the Director prior to the issuance of a building permit. A fee, as specified by resolution of the City Council, shall be required.
9-8-2803 Review Procedures.
Improvement Plans shall be reviewed by the Director using the Staff Review Procedure as specified in Chapter 3 of Division 2.
9-8-2804 Development Requirements.
Improvement Plans prepared under the provisions of this Chapter shall incorporate the information required by the conditions of approval and ordinance requirements of City of Mountain House to insure that off-site and on-site infrastructure meets the minimum requirements of the City. Unless otherwise specified in this Title, the use cannot be established until all conditions of approval have been complied with. Improvement Plans approved under this Title are approved for a period of eighteen (18) months from the date of approval. 9-8-2805 Expansion of an Existing Use.
(a) Requirements. In those instances involving a use that requires the preparation of Improvement Plans and the Improvement Plans have previously been approved, the Director may approve amendments to said Improvement Plans for the expansion or adjustment of an existing development if the expansion complies with all of the following requirements:
(1) The existing Improvement Plans are adequate to determine the compliance of the proposed expansion with all required standards and conditions. (2) The building or use expansion is incidental to the existing use. (3) The building or use expansion does not result in a change of use. (4) The building expansion involves less than twenty-five percent (25%) increase in floor area covered by the existing structures associated with the use. (5) A use involves less than ten percent (10%) increase in the overall site area covered by the existing use.
(6) The building or use expansion complies with the existing requirements of the agencies having jurisdiction and any other appropriate agencies as determined by the Director of the Community Development Department.
(b) Requirements Not Met. If the proposed expansion does not meet with the above requirements in Subparagraph (a), a new set of Improvement Plans shall be required.
CHAPTER 29. PARCEL MAP WAIVERS
9-8-2901 Intent.
It is the intent of this Chapter to provide a method for waiving a parcel map for a Minor Subdivision, as provided in the Subdivision Map Act Section 66428(a). 9-8-2902 Requirements for Application.
Applications for Parcel Map Waivers 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 City Council, shall be required.
ATTACHMENT C
Item 8.1
Mountain House Page 840 of 1663
223
9-8-2903 Review Procedures.
Applications for Parcel Map Waivers shall be reviewed by the Director and City Engineer using the Staff Review Procedure in Chapter 3 of Division 2 with the following modification:
Denial of a Parcel Map Waiver Application may be appealed to the Planning Commission. 9-8-2904 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 CountyCity 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 City;
(e) Conformity with Other Ordinances. The proposed minor subdivision conforms with all other CountyCity 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.
CHAPTER 30. MOBILE HOME PERMITSRESERVED
9-8-3001 Intent.
The intent of this Chapter is to provide a method for the placement of mobile home(s) on individual lots. Uses approved under the provisions of this Chapter are to be considered transitory and are to be removed once the need for such a use no longer exists. 9-8-3002 Permitted Zones.
Mobile homes are permitted in the following zones:
(a) Residential zones in accordance with Table 9-3-2.1; (b) Commercial zones in accordance with Table 9-4-2.1;
ATTACHMENT C
Item 8.1
Mountain House Page 841 of 1663
224
(c) Industrial zones in accordance with Table 9-5-2.1;
(d) Agricultural zones in accordance with Table 9-6-2.1; and (e) Other zones in accordance with Table 9-7-2.1.
9-8-3003 Requirements for Application.
Applications for Mobile Home Permits 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 City Council, shall be required. The following minimum requirements shall be met prior to filing an application for a Mobile Home Permit:
(a) Permits for Temporary Mobile Homes:
(1) The mobile home is to be used as a residence during the construction of a permanent dwelling on the same property, and it shall be removed when the building permit for the residence is finaled; and
(2) All required building, electrical, and plumbing permits shall be secured prior to the installation of the mobile home. All such permits shall remain in force as long as the mobile home remains on the property. These provisions can be waived for thirty (30) days, by the Director, for residences damaged by flood, fire, earthquake, or other natural disasters. (b) Permits for Caretaker Mobile Homes:
(1) The mobile home shall be used only by an individual whose presence on the property is necessary to prevent vandalism, pilferage, damage, or destruction to property, structures, or equipment located on the same parcel; and (2) The parcel may not contain another residence unless the property to be protected is isolated from that residence.
9-8-3004 Review Procedures.
Applications for Mobile Home Permits shall be reviewed by the Director using the Staff Review Procedure in Chapter 3 of Division 2.
9-8-3005 Development Requirements.
Any Mobile Home Permit approved under the provisions of this Chapter shall comply with the following provisions:
(a) Yards. The mobile home must meet the minimum yard requirements for a main structure specified by the zone in which it is located. (b) Additions. No permanent room additions shall be allowed. (c) Skirting. Skirting constructed of a suitable material shall be installed. (d) Rent. Except for mobile homes used for farm employee housing or second unit dwellings, the mobile home shall not be rented or leased. (e) Rezonings and Annexations. The mobile home shall be removed if the property is rezoned to a zone not allowing the use or if the property is annexed to a city and the city’s zoning ordinance does not allow the use.
(f) Off-Street Parking. One (1) off-street parking space shall be provided for each mobile home. Parking shall comply with all requirements for parking specified in this Title. (g) Repealed by Ord. 4006.
(h) Construction Standards. The mobile unit or mobile home shall be constructed to meet the minimum standards of the National Manufactured Housing Construction and Safety Act of 1974. Mobile homes built prior to September 15, 1971, shall require a preinspection.
ATTACHMENT C
Item 8.1
Mountain House Page 842 of 1663
225
DIVISION 9. SUBDIVISION REGULATIONS
CHAPTER 1. SUBDIVISION REGULATIONS: INTENT AND ORGANIZATION 9-9-101 Title and Intent.
Division 9 constitutes the Subdivision Regulations. The intent of this Division is to govern the subdivision of property in City of Mountain House and to effect the following purposes:
(a) Plan Implementation. To implement the City of Mountain House General Plan and any Specific Plan and Special Purpose Plan of the City; and (b) Orderly Process. To establish reasonable standards of design and reasonable procedures for subdivision and resubdivision in order to further the orderly layout and use of land and insure proper legal descriptions and monumenting of subdivided land. 9-9-102 Statement of Policy.
It is the policy of City of Mountain House regarding subdivisions that:
(a) City Control. The subdivision and subsequent development of land shall conform to the adopted General Plan, any Specific or Special Purpose Plans of the City of Mountain House, and the other provisions of this Development Title;
(b) Safety of Development. All subdivided land should be of such character that it can be used safely for building purposes by future holders of title without unreasonable danger to health, or peril from fire, flooding, or other menace; and (c) Facilities and Services. In accordance with General Plan policies, provision shall be made for drainage, sewerage disposal, water, schools, parks, recreation, streets, roads, highways, and other public facilities and services.
9-9-103 Authority.
Authority for this Division is found in Title 7, Division 2, of the Government Code, commencing with Section 66410, hereinafter known as the Subdivision Map Act. In addition to any regulations provided by law, the regulations provided by this Division shall apply to all subdivisions and parts of subdivisions hereafter made entirely or partially within the City of Mountain House. This Division of this Title may be known as the Subdivision Regulations or the Subdivision Ordinance.
CHAPTER 2. GENERAL PROVISIONS
9-9-201 Intent.
The intent of this Chapter is to set forth general provisions which shall apply throughout Division 9, Subdivision Regulations.
9-9-202 Required Mapping.
All subdivisions in City of Mountain House shall be filed as either a final map or parcel map. All major subdivisions shall be filed for recordation as a final map. All minor subdivisions shall be filed as a parcel map or a final map.
9-9-203 Compliance.
No land shall be used, nor any building be constructed, on any lot or parcel not in
ATTACHMENT C
Item 8.1
Mountain House Page 843 of 1663
226
conformance with this Division. No permit for the construction of a building or the use of land shall be issued on a parcel of land which does not comply with the provisions of the General Plan, this Division, and the Subdivision Map Act. At the time of issuance of a permit, the applicant shall submit evidence that the parcel of land complies with this Division and the mandatory provisions of the current Subdivision Map Act, and a certification shall be required from Public Health Services as to the adequacy of the parcel to meet sanitary requirements. 9-9-204 Lot Corners.
All lot corners shall be marked with iron pipe not less than three-quarters (¾) of an inch inside diameter and twenty-four (24) inches long, or marked by other monuments or reference crosses as approved by the City Engineer.
9-9-205 Centerline Monuments.
Centerline monuments shall be located as set forth in this section. (a) Location of Monuments. Road, street, alley, and way centerline monuments shall be set to mark the intersections of streets, intersections of streets with alleys or ways, intersections of alleys with alleys or ways, or at the intersection of any street, alley, or way with a tract boundary. Street centerline monuments shall also be set to mark the beginning and end of curves or the points of intersection of tangents thereof. Such centerline monuments shall be not less than a three-quarters (¾) inch diameter iron pin, at least thirty (30) inches long, and set in the subgrade. A monument box and cover in conformance with City of Mountain House Improvement Standards shall be set above the monument, with the top of the box flush with the finished grade. (b) Alternative Locations. In the event that, due to the construction of subdivision improvements or the location of trees or other physical features, the monuments specified above cannot be located at the points specified, a reference monument or monuments shall be set subject to the approval of the City Engineer. Notes as to the location of said monument or monuments with reference to the referenced point shall be furnished to the City Engineer. 9-9-206 Monument Identification.
All monuments set as required herein shall be permanently marked or tagged with the registration or license number of the engineer or surveyor under whose supervision the survey was made.
9-9-207 Monument Inspection.
All monuments shall be subject to inspection and approval by the City Engineer. 9-9-208 Section and Quarter-Section Corner Monuments.
Whenever a section corner or quarter-section corner is to be used as a controlling element of a field survey, the engineer or surveyor responsible for the survey shall construct, reconstruct, or rehabilitate the monument of such corner, and accessories to such corner, so that the same shall be left by him in such physical condition that it remains as permanent a monument as is reasonably possible and so that the same may be reasonably expected to be located with facility at all times in the future. Such monuments shall be not less than a three-quarter (¾) inch diameter iron pin, thirty (30) inches long, or other monuments as approved by the City Engineer.
ATTACHMENT C
Item 8.1
Mountain House Page 844 of 1663
227
9-9-209 Lot Requirements.
Lots shall comply with the following requirements:
(a) Areas and Widths of Lots. The area and width of lots or parcels in a subdivision map shall conform to the particular zoning district in which the property is located; (b) Relation of Depth to Width. The depth to width ratio of a lot in a subdivision shall conform to the particular zoning district in which the lot is situated when new lots are created by subdivision, except where physical conditions make such limitation of depth to width ratio impractical or the width of the lot is three hundred thirty (330) feet or greater; (c) Division of Jurisdiction. No lot or parcel shall be permitted to be divided by a city or county boundary line;
(d) 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; and (e) Exception. This Section shall not apply to:
(1) Any lot or parcel which the subdivider offers to dedicate to the City or any public agency or district, and
(2) Any subdivision map that redesigns an existing subdivision in which the density of lots is not increased.
9-9-210 Soils Reports.
Soils reports shall be provided as required by this Section. (a) Major Subdivision. A preliminary soils report, prepared by a state-registered civil engineer and based upon adequate test borings, shall be submitted to the building official for every major subdivision at the time of tentative map submittal. (b) Waiver of Report. A preliminary soils report may be waived if the building official finds that, due to the knowledge the City possesses relative to the quality of the soils in this subdivision, no preliminary analysis is necessary.
(c) Soils Investigation. If the required preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a soil investigation of each lot in the subdivision. The soil investigation shall be prepared by a State-registered civil engineer and shall recommend corrective action likely to prevent structural damage to each dwelling to be constructed. Prior to issuance of the building permit, any recommended action approved by the building official shall be incorporated into the construction of each dwelling. 9-9-211 Geotechnical Reports.
Geotechnical reports shall be provided to address geologic hazards as required by this Section.
(a) Major Subdivision. A preliminary geotechnical report, prepared by a State-registered geotechnical engineer or State-registered geologist and based upon adequate test borings, shall be submitted to the building official for every major subdivision at the time of tentative map submittal. The preliminary geotechnical report shall include estimates of expected peak ground accelerations during maximum credible earthquake potentially affecting the site. (b) Waiver of Report. A preliminary geotechnical report may be waived if the building official finds that, due to the knowledge the City possesses relative to the quality of the soils in this subdivision, no preliminary analysis is necessary.
(c) Geotechnical Investigation. If the required preliminary geotechnical report
ATTACHMENT C
Item 8.1
Mountain House Page 845 of 1663
228
indicates the presence of geologic hazards (such as slope instability, subsidence, adverse soil conditions, seismic hazards) which, if not corrected, would lead to structural defects, the subdivider shall provide for and submit the findings of a geotechnical investigation for each lot in the subdivision. The geotechnical investigation shall be prepared by a State-registered geotechnical engineer or State-registered geologist and shall recommend corrective action likely to prevent structural damage to each dwelling to be constructed. Prior to issuance of the building permit, any recommended action approved by the building official shall be incorporated into site preparation and construction of each dwelling.
9-9-212 Surface and Subsurface Contamination Report.
(a) Report. A surface and subsurface contamination report shall be required at the time of the tentative map submittal. The surface and subsurface contamination report shall be prepared by a qualified environmental professional and shall identify any potential source of surface or subsurface contamination caused by past or current land uses. The report shall include evaluation of nonpoint source of hazardous materials, including agricultural chemical residues, as well as potential point sources, such as fuel storage tanks, septic systems, or chemical storage areas. (b) 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 City. Said corrective actions shall be conducted in accordance with the requirements of the City and the applicable State agency.
(3) Corrective actions shall be completed prior to approval of the final map or parcel map.
(c) Waiver of Report. The surface and subsurface contamination report may be waived if the Environmental Health Division finds that, due to the knowledge the City possesses relative to the possible contamination of the soils in this subdivision, no preliminary analysis is necessary. (d) Corrective Action. If the report indicates there are surface and subsurface contamination, corrective action shall be taken, as recommended in the report and concurred with by Environmental Health prior to the issuance of the building permit. 9-9-213 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.
ATTACHMENT C
Item 8.1
Mountain House Page 846 of 1663
229
CHAPTER 3. FINAL MAPS
9-9-301 Intent.
The intent of this Chapter is to control the practices and procedures regarding the preparation and approval of final maps.
9-9-302 Preliminary Submittal for CountyCity Approval.
Prior to the expiration of the tentative map or the vesting tentative map of an approved major subdivision application, the subdivider shall submit three (3) prints of the final map to the City Engineer for checking. The preliminary prints shall bear both the signatures of all parties having record title interest in the lands being subdivided and the engineer or surveyor responsible for the survey. The prints shall bear either original signatures or signatures reproduced from a previously signed original final map. The prints shall be accompanied by the following data, reports, and documents in a form approved by the City Engineer and, where applicable, the City Attorney:
(a) Improvement Plans and Specifications. Three (3) complete sets of Improvement Plans, specifications, and engineer’s preliminary estimates; (b) Reports. A complete set of reports as follows:
(1) Preliminary soils reports, including R-values and structural sections calculations; (2) Preliminary geotechnical reports; and
(3) Surface and subsurface contamination reports.
(c) Hydrology and Hydraulic Calculations. Storm drain calculations (e.g., hydrology, sub-area map, pipe line, hydraulic design, ponding basin, pump system, etc., if applicable); and water and sewer design data and supporting calculations, if applicable; (d) Guarantee of Title. A subdivision guarantee of title, in a form acceptable to the City Engineer and City Attorney, issued by a competent title company to and for the benefit and protection of the City. Said guarantee of title shall be continued complete up to the instant of filing the final map with the County Recorder, guaranteeing that the names of all persons whose consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedication, and all acknowledgements thereto, appear on the proper statements and are correctly shown on the map, both as to contents as to the making thereof and affidavits of dedication where necessary;
(e) Preliminary Title Report. A preliminary title report showing the legal owners at the time of the submittal of the final map;
(f) Traverse Closures. Traverse closures for the boundary, blocks, lots, road centerlines, and rights-of-way, easements, and offset lines; (g) References. Copies of all deeds and unfiled surveys referenced on the final map and/or included in the current preliminary title report; (h) Tax Certificates. A certified copy of the tax letter and a copy of the tax certificate from the County Tax Collector stating that all taxes due have been paid or that a tax bond or other adequate form of security assuring payments of all taxes which are a lien but not yet payable has been filed with the City; and
(i) Deeds for Easements of Rights-of-Way. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final map. Written evidence shall be acceptable to the City in the form of rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to
ATTACHMENT C
Item 8.1
Mountain House Page 847 of 1663
230
perform necessary construction work and permitting the maintenance for the facility. 9-9-303 Review by City Engineer.
The City Engineer shall review the final map and any other required information, and the subdivider shall make corrections and/or additions until acceptable to the City Engineer. 9-9-304 Approval by City Manager or City Manager’s Designee. (a) The City Manager or her/his designee shall approve or deny a Final Map in accordance with the Subdivision Map Act.
(b) Upon receipt of a Final Map for approval, the City Manager or the City Manager’s designee shall notify the City Council that a Final Map approval is pending. The City Manager or her/his designee shall docket the Notice of Pending Final Map Approval for the next regularly scheduled City Council meeting after the City Manager or her/his designee receives the Final Map. (c) The City Clerk shall include the Notice of Pending Final Map Approval within the City Council’s agenda and mail it to interested parties who request notification. (d) The City Manager or the City Manager’s designee shall approve or disapprove the Final Map within 10 days of the City Council meeting that included the Notice of Pending Final Map Approval on the City Council’s agenda.
(e) The City Manager’s or her/his designee’s action to approve or disapprove the Final Map may be appealed to the City Council. The appeal must be filed with the City Clerk within 10 days of the date the City Manager or her/his designee approved or disapproved the Final Map. (f) On appeal, the City Council may approve or disapprove the Final Map and any associated documents or agreements in accordance with the Subdivision Map Act. (g) The City Manager or the City Manager’s designee, or the City Council on appeal, shall approve the Final Map if they determine both of the following are true:
(1) The Final Map is in substantial compliance with the Tentative Map or Vesting Tentative Map of the approved Major Subdivision Application and all required conditions of approval of the Tentative Map or the Vesting Tentative Map have been satisfied; and (2) The Final Map conforms to the Subdivision Map Act.
(h) The City Council shall periodically review the delegation of authority to the City Manager or her/his designee.
9-9-305 Deleted.
9-9-306 Survey Practice and Procedure.
All survey work done on any final map of a subdivision shall conform to the accepted standards of the surveying profession.
(a) Allowable Error. The allowable error of closure on any portion of a final map shall be less than two one-hundredths ( 2/100) of a foot or a ratio of one to twenty thousand (1:20,000), whichever is greater.
(b) Centerlines of Adjoining Error. In the event the centerline of any street or road right-of-way in any adjoining subdivision has been established, the final map shall show said centerline, together with reference to a County field book or map of record showing such centerline and the monuments which determine its position. If the position of the centerline is determined by ties, that fact shall be stated on the final map. Only centerlines of streets pertinent to the subdivision need be shown.
ATTACHMENT C
Item 8.1
Mountain House Page 848 of 1663
231
9-9-307 Statement of Consent.
Subdividers shall submit with or on the final map a statement, signed and acknowledged by all parties having any record title interest in the real property to be subdivided, consenting to the preparation and filing of the final map. Evidence of signatories’ record title interests shall be provided as set forth in Section 9-9-302(d).
9-9-308 Size and Materials.
The final map shall be prepared by or under the direction of a registered civil engineer, duly licensed to practice land surveying, or a licensed land surveyor; shall be based upon a field survey; and shall conform to the following provisions:
(a) Legibility. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
(b) Format. The size of each sheet shall be eighteen (18) inches by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly and, wherever practicable, shall be at an engineer’s scale where one (1) inch equals eighty (80) feet or less. One (1) sheet or as many sheets as are necessary to accommodate the map may be used. Each sheet shall be numbered, the relation of one sheet to another shall be clearly shown, and the number of sheets used shall be set forth on each sheet. The tract number, scale, north point, and sheet number shall be shown on each sheet of the final map. Each sheet and the lettering thereon shall be so oriented that, with the north point directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of such sheet on the twenty-six (26) inch side.
9-9-309 Title Sheets.
The title sheet of each final map shall contain a title consisting of the number and name of the subdivision and a subtitle consisting of a geographic description of all property being subdivided by reference to such map or maps of the property shown thereon, as shall have been previously recorded or shall have been previously filed in the office of the County Recorder under authority of Chapter 3 (commencing at Section 11650) of Part 2, of Division 4 of the Business and Professions Code, or by reference to the plat of any United States survey. The title sheet shall also show, in a form acceptable to the City Engineer, such appropriate certificates, statements, and acknowledgements as required in Title 7, Division 2 (commencing at Section 66410), of the Government Code.
9-9-310 Index Map.
If more than one (1) map sheet is used in preparing the final map, there shall be included, either on the title sheet or the first map sheet, an index map showing the general plan of the subdivision, street names, lot numbers, and the portions of the subdivision included on each map sheet.
9-9-311 Boundary Line.
The gross boundary line of a subdivision shall be indicated by a heavy line.
ATTACHMENT C
Item 8.1
Mountain House Page 849 of 1663
232
9-9-312 Evidence Determining Boundary.
On each final map there shall be fully and clearly shown and identified such stakes, monuments, or other evidence, including the record reference, determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, whether by lot and tract number and place of record, by section, township, and range, or by proper legal description, as may be necessary to locate precisely the limits of the subdivision.
Where a found monument has no record reference, “No Record’ shall be indicated adjacent to the found monument on the final map.
9-9-313 Boundary Monuments.
Each final map shall show durable monuments of not less than three-quarter (¾) of an inch diameter iron pin, at least thirty (30) inches long, set at each boundary corner and at intermediate points, approximately one thousand (1,000) feet apart, or at such lesser distance as may be made necessary by topography or culture to insure accuracy in reestablishment of any point or line without unreasonable difficulty. The precise position and character of each monument, including the R.C.E./P.L.S. tag number, shall be shown on the final map. 9-9-314 Deferment of Monuments.
In the event that some of the required interior monuments are to be set subsequent to the filing of the final map, the map shall show which monuments, or the furnishing of notes thereon, as required by Section 9-9-312, shall be agreed to be set and/or furnished by the subdivider. Such agreement shall be accompanied by a security per the Subdivision Map Act, Section 66496. The security shall be released per terms of Section 66497 of the Subdivision Map Act. 9-9-315 Bearings and Distances.
The bearing and length of each lot line, block line, and boundary line shall be shown on the final map. Each required bearing and distance shall be shown in full, and no ditto mark or other designation of repetition shall be used.
9-9-316 Basis of Bearings.
The basis of bearings shall appear on the first sheet after the title sheet. Reference shall be made to some filed final map, parcel map, record of survey map, City Engineer’s map, or other record acceptable to the City Engineer. Such basis of bearings shall be derived from at least two (2) found monuments of record on the same line.
9-9-317 Lot Areas.
For lots containing one acre or more, final maps shall show net acreage to at least the nearest one-hundredth ( 1/100) of an acre.
9-9-318 Lot Numbers.
All lots, including utility lots, shall be numbered consecutively, commencing with the number “1,” except as otherwise approved by the City Engineer, with no omissions or duplications. Each numbered lot shall be shown to scale entirely on one sheet. 9-9-319 Curve Data.
The following curve data shall be shown on the final map:
ATTACHMENT C
Item 8.1
Mountain House Page 850 of 1663
233
(a) Radial Bearing. The arc length, chord length and bearing, radius, total central angle, and the radial bearing of each curve, including overall curves; (b) Bearing. The bearing of each radial line to each lot corner on each curve; (c) Central Angle. The central angle of each segment within each lot. 9-9-320 Easement Provisions.
Easements shall be incorporated into final maps as set forth in this Section. (a) Easement Lines. The final map shall show the width of all easements, including the lengths and bearings of the lines thereof, to which the lots in the subdivision are subject. If the easement is not definitely locatable from record, a statement acknowledging the easement shall appear on the title sheet.
(b) Designation and Identification. All existing and dedicated easements shall be clearly labeled and identified. Easements on existing lots of record shall be denoted by broken lines. Mapping of recorded easements shall include reference to the recording data. Easements being dedicated shall be so designated in a statement of dedication. (c) Bearings on Lot Lines. Distances and bearings on the side lines of lots cut by an easement shall be so shown as to indicate clearly the actual lengths of the lot lines. (d) Necessary Rights-of-Way. Final maps shall include the location and width of rights-of-way necessary for railroads, flood control, drainage, and the like, whether previously of record or currently offered for dedication.
9-9-321 Streets and Highways Being Dedicated.
On each final map, the centerline of each highway, street, or road right-of-way to be dedicated, the total width thereof, the width on each side of the centerline, and the width of the portion to be dedicated shall be shown. Curve data as set forth in Section 9-910.199-9-319 shall also be included as appropriate. The boundary of the map shall be shown along the centerline of any street or highway where such centerline of said street or highway defines a limit of the parcel being subdivided.
9-9-322 Limited Access Designation.
When the vehicular access rights from any lot to appropriately designated roads are or will be restricted by a subdivision, such rights, if not already a matter of record, shall be offered for dedication to the City by an appropriate statement on the title sheet of the final map. Each lot shall be clearly marked with a distinctive symbol that is shown in a legend that clearly defines its extent and nature of the restriction.
9-9-323 City or County Boundary Lines.
Any city or County boundary line adjoining the subdivision shall be clearly designated and tied in upon the final map.
9-9-324 Additional Information.
No additional survey and map requirements shall be included on a final map which do not affect record title interests.
However, the City Engineer may require additional information, in the form of a separate document or an additional map sheet, to be filed or recorded simultaneously with the final map in accordance with Section 66434.2 of the Government Code.
ATTACHMENT C
Item 8.1
Mountain House Page 851 of 1663
234
9-9-325 Waiver of Inadvertent Error.
When, in the opinion of the Review Authority, a defect or error of a technical or inadvertent nature has caused a final map to fail to meet or perform any of the conditions of this Chapter, the Review Authority may waive such defect or error and process the final map as though none had occurred.
9-9-326 Fees.
Subdividers shall pay an Improvement Plan checking fee and a final map checking fee, as provided by resolution of the City Council.
9-9-327 Amendment of Final Map.
A final map may be amended pursuant to the provisions of Chapter 26 of Division 28.
CHAPTER 4. PARCEL MAPS
9-9-401 Intent.
The intent of this Chapter is to prescribe the requirements for, and waiver of, parcel maps. 9-9-402 Parcel Map Required.
The filing of a parcel map, in conformance with the tentative map or vesting tentative map of an approved Minor Subdivision Application, shall be a condition of approval of any Minor Subdivision Application except as provided in Section 9-9-409. 9-9-403 Preparation.
The parcel map shall be prepared by, or under the direction of, a registered civil engineer, duly licensed to practice land surveying, or a licensed land surveyor; shall show the location of streets and property lines bounding the property; and shall conform to all of the following provisions:
(a) Legibility. It shall be legibly drawn, printed, or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, statements, affidavits, and acknowledgements may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.
(b) Size and Scale. The size of each sheet shall be eighteen (18) by twenty-six (26) inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the map shall be large enough to show all details clearly, and enough sheets shall be used to accomplish this end. The particular number of each sheet and the total number of sheets composing the map shall be stated on each of the sheets, and the relation of each adjoining sheet shall be clearly shown. Each sheet and the lettering thereon shall be so oriented that, with the north arrow directed away from the reader, the map may be read most conveniently from the bottom or lower right corner of each sheet on the twenty-six (26) inch side. (c) Feature Identification. Each parcel shall be numbered, and each block may be numbered or lettered. Each road shall be named or otherwise designated. (d) Identification of Parcels. Parcels shall be identified as follows:
(1) The exterior gross boundary of the land included within the subdivision shall be indicated by an extra heavy line and clearly designated.
ATTACHMENT C
Item 8.1
Mountain House Page 852 of 1663
235
(2) The map shall show the location of each parcel and its relation to surrounding surveys. If the map includes a “designated remainder” parcel or similar parcel, and the gross area of the “designated remainder” parcel or similar parcel is five (5) acres or more, that remainder parcel need not be shown on the map, and its location need not be indicated as a matter of survey but only by deed reference to the existing boundaries of the remainder parcel. (3) A parcel designated as “not a part” shall be deemed to be a “designated remainder” for purposes of this Section.
(e) Statement of Consent. Subject to the provisions of Section 66436 of the Subdivision Map Act, a statement, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and filing of the parcel map is required.
(f) Consent of Subdivider. Where dedications or offers of dedications are not required, the statement shall be signed and acknowledged by the subdivider only. If the subdivider does not have a record title ownership interest in the property to be divided, the subdivider shall provide the City with satisfactory evidence that the persons with record title ownership have consented to the proposed division. For purposes of this Subsection, “record title ownership” shall mean fee title of record unless a leasehold interest is to be divided, in which case “record title ownership” shall mean ownership of record of the leasehold interest. “Record title ownership” does not include ownership of mineral rights or other subsurface interests which have been severed from ownership of the surface. Statements and acknowledgements required by this Subsection shall be recorded concurrently with the parcel map being filed for record. (g) Notation or Reference. No additional survey and map requirements shall be included on a parcel map which do not affect record title interests. However, the City Engineer may require the map to contain a notation or reference to survey and map information pursuant to Section 66434.2 of the Government Code.
(h) Reference to Separate Instrument. Whenever a certificate, statement, or acknowledgement is made by separate instrument, there shall appear on the parcel map a reference to the separately recorded document. This reference shall be completed by the City Recorder pursuant to Section 66468.1 of the Subdivision Map Act. 9-9-404 Evidence Determining Boundary.
On each parcel map there shall be fully and clearly shown and identified such stakes, monuments, or other evidence, including the record reference, determining the boundaries of the subdivision as were found on the ground, together with sufficient corners of adjoining subdivisions, whether by lot and tract number and place of record, by section, township, and range, or by proper legal description, as may be necessary to locate precisely the limits of the subdivision.
Where a found monument has no record reference, “No Record” shall be indicated adjacent to the found monument on the parcel map.
9-9-405 Deferment of Monuments.
In the event that some of the required interior monuments are to be set subsequent to the filing of the parcel map, the map shall show which monuments, or the furnishing of notes thereon, as required by Section 9-9-915.49-9-404, shall be agreed to be set and/or furnished by the subdivider. Such agreement shall be accompanied by a security per Section 66496 of the Subdivision Map Act. The security shall be released per terms of Section 66497 of the Subdivision Map Act.
ATTACHMENT C
Item 8.1
Mountain House Page 853 of 1663
236
9-9-406 Bearings and Distances.
The bearing and length of each parcel line, block line, and boundary line shall be shown on the parcel map. Each required bearing and distance shall be shown in full, and no ditto mark or other designation of repetition shall be used.
9-9-407 Parcel Areas.
For parcels containing one acre or more, parcel maps shall show the acreage to at least the nearest one-hundredth ( 1/100) of an acre.
9-9-408 Dedications or Offers.
Dedications or offers of dedication shall conform to the provisions of this Section. (a) Required Dedications or Offers. If dedications or offers of dedication are required, they may be made either by a statement on the parcel map or by separate instrument, as determined by the City Engineer. If dedications or offers of dedication are made by separate instrument, the dedications or offers of dedication shall be executed prior to the parcel map being filed for record. (b) Dedications or Offers Signed. The dedications or offers of dedication, whether by statement or separate instrument, shall be signed by the same parties and in the same manner as set forth in Section 66436 or 66439 of the Government Code for dedications by a parcel map. 9-9-409 Field Survey.
In all cases where a parcel map is required, such map shall be based upon a field survey made in conformity with the Land Surveyors’ Act.
9-9-410 Necessary Statements.
The following statements shall appear on a parcel map unless otherwise approved by the City Engineer:
(a) Engineer’s (Surveyor’s) Statement. An engineer’s statement as follows:
“This map was prepared by me or under my direction and is based upon a field survey in conformance with the requirements of the Subdivision Map Act and local ordinance at the request of (name of person authorizing map) in (month, year). I hereby state that this parcel map substantially conforms to the approved or conditionally approved tentative map, if any. All monuments are of the character and occupy the positions indicated and are sufficient to enable the survey to be retraced.
Dated this day of_________, 19__.
__________________
(Engineer) (Surveyor) (License No.)
(Registration) (License)
Expiration Date:_______”
(b) City Engineer’s statement. A City Engineer’s statement as follows:
“I, (Public Works Director), hereby state that I have examined this Parcel Map and that the subdivision shown hereon is substantially the same as it appeared on the tentative map, if required, and any approved alterations thereof. I further state that this Parcel Map complies with all the provisions of Chapter 2 of the California Subdivision Map Act, as amended, and all applicable ordinances of the City of Mountain House, applicable at the time of approval of the tentative map, if required, and that this Parcel Map is technically correct.* I hereby accept on behalf of the public
ATTACHMENT C
Item 8.1
Mountain House Page 854 of 1663
237
for public use the offer of dedication of [all Public Utility Easements] the (width)-foot widening of right-of-way along [Road Name [the (size) road return] as shown on this Parcel Map.
Dated this day of_________, 19__.
__________________
(Public Works Director),
R.C.E. (number), City Engineer of the City of Mountain House, California Registration expiration date: _______”
* The part following this asterisk is used only when offers of dedication are made for public utility easements or widenings of existing rights-of-way. (c) Recorder’s Statement. A Recorder’s statement as follows:
“Filed this ___ day of___, 19___, at ___ m. in Book ___ of Parcel Maps, at Page ___, at the request of _______.
Fee: $___
By: __________________
County Recorder of San Joaquin County,
Assistant Recorder”
9-9-411 Preliminary Submittal.
The subdivider shall submit prints of the parcel map to the City Engineer for checking.
Where applicable, the preliminary prints shall be accompanied by copies of the data, plans, reports, and documents as required for final maps by Section 9-9-302. 9-9-412 Review and Approval.
Parcel maps shall be reviewed and approved as provided in this Section. (a) Review. The City Engineer shall review the preliminary parcel map and cause any changes to be made which are legally required for approval. (b) Original Map. The subdivider shall submit to the City Engineer the original tracing of the map and any duplicates per CountyCity requirements, corrected to its final form, and signed by all parties required to execute the statements or certificates on the map. (c) Approval. The City Engineer shall approve the map if it is acceptable. (d) Filing for Record. After approval, the City Engineer or authorized agent shall transmit the approved parcel map directly to the County Recorder for filing. (e) Reports. The City Engineer shall prepare a monthly report of all parcel maps approved and submit it to the Director and Planning Commission. 9-9-413 Fees.
Subdividers shall pay an Improvement Plan checking fee and a parcel map checking fee, as provided by resolution of the City Council.
9-9-414 Amendment of Parcel Map.
A parcel map may be amended pursuant to the provisions of Section 9-8-2601.
ATTACHMENT C
Item 8.1
Mountain House Page 855 of 1663
238
CHAPTER 5. NOTICE OF VIOLATION
9-9-501 Intent.
The intent of this Chapter is to provide for notice of violations of provisions of this Division.
9-9-502 Tentative Notice of Violation.
Whenever the Director finds that any real property has been divided, or any boundary line of any parcel relocated, in violation of this Division, he or she shall cause to be mailed, by certified mail to the then current owner of record of the property, a notice of intent to record a Notice of Violation. Said tentative Notice of Violation shall contain the following:
(a) Property Description. A description of the real property; (b) Record Owner. The name(s) and address(es) of the owner(s) of record; (c) Violations. A description of the violation(s) alleged; (d) Explanation. An explanation as to why the subject parcel is not lawful under the relevant provisions of this Division and the Subdivision Map Act; and (e) Notice of Meeting. A time, date, and place where the Director will conduct a meeting to consider said violation(s) of this Division. 9-9-503 Response by Owner.
Within fifteen (15) mailing days of receipt of the tentative Notice of Violation described in Section 9-9-501, the property owner of record shall inform the Director in writing of his or her objection to the recordation of a Notice of Violation. Failure to so inform the Director shall result in a Notice of Violation being recorded with the County Recorder pursuant to Section 9-9-505. 9-9-504 Opportunity to Present Evidence.
The meeting described in Section 9-9-502 shall be conducted no less than thirty (30) days after the mailing of the tentative Notice of Violation. At the meeting the owners of the property shall be given the opportunity to present any evidence relevant to show why a Notice of Violation should not be recorded.
9-9-505 Action by Director.
After the owner has had the opportunity to present evidence at the meeting, the Director shall take either of the following actions:
(a) Clearance Letter. Determine that there has been no violation and mail a clearance letter to the then-current owner of record; or
(b) Notice of Violation. Determine that the property has in fact been illegally divided and record a Notice of Violation with the City of Mountain House Recorder.
DIVISION 10. DEVELOPMENT REGULATIONS
CHAPTER 1. DEVELOPMENT REGULATIONS: INTENT AND ORGANIZATION 9-10-101 Title and Intent.
Division 10 constitutes the Development Regulations. The intent of this Division is to specify the nature, components, and use of development regulations and to establish regulations
ATTACHMENT C
Item 8.1
Mountain House Page 856 of 1663
239
regarding physical character, intensity and other impacts of development.
CHAPTER 2. HEIGHTS
9-10-201 Intent.
The intent of this Chapter is to control the maximum height of buildings and other structures within all zoning districts.
9-10-202 Height Limits.
The maximum heights of buildings and structures are set forth in the regulations for each zone.
9-10-203 Special Provisions.
(a) Additional Height Allowed for Public and Quasi-Public Buildings. Public and quasi-public buildings, when authorized in a zone, may be erected to a height not exceeding seventy-five (75) feet if the building is set back from each otherwise established setback line at least one (1) foot for each additional foot of building height above the maximum height limit for the zone in which the building is erected;
(b) Additional Height Allowed for Other Buildings and Structures. Provided no space above the height limit is allowed for the purpose of providing additional floor space and no heights are permitted above the maximum allowed under any County Ordinance relating to airports, the following structures may be erected above the height limits prescribed in this Title:
(1) Penthouse or roof structures for the housing of:
(A) Elevators,
(B) Stairways,
(C) Tanks,
(D) Ventilating fans, or
(E) Similar equipment required to operate and maintain the building. (2) Fire or parapet walls,
(3) Skylights,
(4) Towers,
(5) Steeples,
(6) Flagpoles,
(7) Chimneys,
(8) Smokestacks,
(9) Watertanks,
(10) Wireless or television masts,
(11) Theatre lofts,
(12) Silos,
(13) Windmills,
(14) Wind turbine generators, or
(15) Similar structures.
(c) Height Permitted for Accessory Buildings. All buildings that are accessory to dwelling units in the AG, AL, ARM, RR and RVL zones shall meet the following criteria:
(1) The accessory building shall be considered as an accessory use to the residence for the owner’s use. Rental of the facility shall be prohibited,
ATTACHMENT C
Item 8.1
Mountain House Page 857 of 1663
240
(2) The accessory building shall be equal to or smaller in floor area than the principal dwelling unit,
(3) The accessory building setbacks shall be the same as the main building when the accessory building exceeds eighteen (18) feet in height, and (4) The height of the accessory building shall be equal to or less than that of the principal building.
9-10-204 Applicability.
The provisions of this Chapter shall apply whenever:
(a) A new building is constructed;
(b) An existing building, including a nonconforming structure is enlarged; or (c) The use of the site or the use of the building is changed.
CHAPTER 3. YARDS
9-10-301 Intent.
The intent of this Chapter is to establish special requirements for yards within San Joaquin Countythe City, in order to assure light, air, privacy, and open areas appropriate to the use, location, and impact of structures.
9-10-302 Yard Standards.
The yard standards are set forth in the regulations for each zone. 9-10-303 Special Provisions.
(a) Architectural Features. All yards shall comply with the following requirements:
(1) Fire Escapes. Fire escapes shall not extend or project into any front, side, or rear yard more than four (4) feet.
(2) Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by a roof or canopy, shall not extend or project into a required rear yard more than four (4) feet, and such balconies and stairways shall not extend into a required front yard more than thirty (30) inches.
(3) Porches. Uncovered and unenclosed porches, platforms, or landing places which do not extend above the level of the first floor of the building shall not extend into any required front, side, or rear yard more than six (6) feet; however, any open work railing, not 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 the California Building Code, may be located in the required rear yard, provided that no portion of said patio cover shall be within three (3) feet of the rear or side property lines.
(5) Eaves, Roof Overhangs, and Similar Features. Eaves, roof overhangs, and other similar architectural features may extend into any required front, rear, or side yard up to:
(A) Thirty (30) inches maximum, but in no case closer than thirty (30) inches to the property line, for side, front, or rear yards of ten (10) feet or less; (B) Four (4) feet maximum for a side, front, or rear yard over ten (10) feet; except that such features may extend up to ten (10) feet into a side, front, or rear year in areas zoned commercial.
ATTACHMENT C
Item 8.1
Mountain House Page 858 of 1663
241
(6) Fireplaces, Air Conditioning Units, Water Softening Units. Fireplace structures, air conditioning units, and water softening units may extend into the required yard areas to a maximum distance of thirty (30) inches, but in no case closer than thirty (30) inches to the property line.
(b) Pools and Spas. Pools and spas shall not be located closer than three (3) feet from any side or rear property line. On corner lots, no pool or spa shall be located closer than the minimum depth required for the street side yard.
(c) Carports and Garages. Where a lesser setback would be permitted by other Sections of this Title, carports and garages, or vehicular entrances to structures, shall be set back at least fifteen (15) feet from any public roadway.
(d) Accessory Buildings in Rear Yard. Single-story accessory buildings, except second unit dwellings, located in the rear one-third (⅓) of a parcel may be located within three (3) feet of the rear or side property line, provided such single-story accessory building is at least ten (10) feet from any dwelling on an adjacent lot.
CHAPTER 4. PARKING AND LOADING
9-10-401 Intent.
The intent of this Chapter is to regulate parking and loading in order to lessen traffic congestion and contribute to public safety by providing sufficient on-site areas for the maneuvering and parking of motor vehicles that are attracted to, and generated by, land uses within the City of Mountain House.
9-10-402 General Requirements.
The provisions of this Section shall apply throughout this Chapter. (a) Applicability of Chapter. The provisions of this Chapter shall apply whenever:
(1) A new building is constructed;
(2) An existing building, including a legal nonconforming structure, is enlarged for any purpose; or
(3) The use of any building is changed.
(b) Computation of Required Parking. Whenever the computation of the number of off-street parking spaces required by this Chapter results in a fractional parking space, one (1) additional parking space shall be required for a fractional space of one-half (½) or more. A fractional space of less than one-half (½) shall not be counted. (c) Parking Not Required. Floor area devoted exclusively to parking shall have no off-street parking requirements.
(d) Motorcycle and Bicycle Spaces. For every four (4) motorcycle or six (6) bicycle parking spaces provided, a credit of one (1) parking space shall be given toward the requirements of this Chapter, provided, however, that the credit for each shall not exceed one-fortieth ( 1/40) of the total number of automobile spaces required.
(e) Front Yard Parking. Parking spaces necessary to meet off-street parking requirements shall not be permitted within the required front yard setback of a residential unit, except as approved by a discretionary permit.
9-10-403 Required Parking Spaces.
(a) Applicability. All development in the Mountain House New Town shall conform to
ATTACHMENT C
Item 8.1
Mountain House Page 859 of 1663
242
the parking requirements specified in Table 9-10-2.1.
(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 9-10-2.1 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 9-10-2.1 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. 9-10-404 Location of Required Parking Spaces.
Required parking spaces shall be located as follows:
(a) On Same or Adjacent Lot. For dwellings, motels, automobile-oriented services, schools, and all uses in the IC-TN, C-FS, C-C, C-G, I-P, I-L, and I-LM-X Zones, required parking spaces shall be provided on the same lot as the main building(s) or on an adjoining lot or lots zoned for the main use of the property.
(b) Other Uses. For uses not listed in Subsection (a), required parking spaces shall be located within three hundred (300) feet of the lot on which the main building is located. (c) Not Within Specified Yards. Parking spaces required for dwellings shall not be located within any required front or side yard.
9-10-405 Design of Parking Areas.
The following design standards are prescribed for the development of off-street parking facilities:
(a) Parking Lot Design. Parking lot design and dimensions shall be in accordance with the Mountain House Design Manual.
(b) Parking Spaces: Size. Parking spaces shall have the following dimensions:
(1) Stalls. Each parking stall shall be an unobstructed rectangle, minimum nine (9) feet wide and twenty (20) feet long except for parallel stalls, which must be nine (9) feet wide by twenty-six (26) feet long.
(2) Reduction of Required Length. Where a concrete curb around a planter in a parking lot functions as a wheel stop, the required length of a parking space abutting such curb may be reduced by a maximum of two (2) feet, provided that the planter is at least five (5) feet wide.
(3) 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.
ATTACHMENT C
Item 8.1
Mountain House Page 860 of 1663
243
(c) Compact Spaces. If parking stalls are not designed to accommodate both full-sized and compact cars, as specified in (b)(3), compact spaces shall comprise a minimum of twenty-five percent (25%) of the total parking spaces required. Compact parking spaces shall comply with the following provisions:
(1) Stalls shall be a minimum seven and one-half (7½) feet wide and sixteen (16) feet long;
(2) Parallel parking stalls must be a minimum nineteen (19) feet long; (3) Each approved space shall be individually designated as a compact space; (4) Signs shall be provided to indicate the location of compact parking spaces, as required by the City Engineer;
(5) For multiple-family projects containing five (5) or more dwelling units, no more than twenty-five (25) percent of required parking spaces shall be compact stalls; and (6) For nonresidential uses requiring twenty (20) or more spaces, no more than twenty-five (25) percent of required parking spaces shall be compact stalls. (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) Striping. All parking stalls and directional arrows shall be delineated with paint. (g) Surfacing. Except as provided in subsection (e)(1) of this section all permanent parking lots (which include parking spaces, driveways, and maneuvering areas) in all zoning districts shall be surfaced and permanently maintained with asphalt concrete or Portland cement concrete to provide a durable dust-free surface. Ingress and egress areas that connect to a paved road or highway shall also be surfaced and permanently maintained with asphalt concrete or Portland cement concrete to provide a durable dust-free surface. Bumper guards and/or wheel stops shall be provided when necessary to protect adjacent structures or properties. (1) Exemptions. The following sections shall identify surfacing requirements for the following uses:
(A) Special use regulations for truck terminal projects pursuant to Section 9-5-207 of this Title;
(B) Produce stands pursuant to Section 9-10-1603(h);
(C) Small agricultural stores pursuant to Section 9-10-1604(h); and (D) Large agricultural stores pursuant to Section 9-10-1605(h). (2) Alternative Surfacing Materials. At the discretion of the Review Authority, alternative surfacing materials may be used in combination with an asphalt concrete or portlandPortland cement concrete driveway for the following uses:
(A) Truck parking in agricultural zones as permitted in Table 9-6-2.2; (B) Seasonal businesses in agricultural zones as permitted in Table 9-6-2.3;
ATTACHMENT C
Item 8.1
Mountain House Page 861 of 1663
244
(C) Recreational vehicle storage as permitted under the Automotive Sales and Services use type;
(D) Operable vehicle storage as specified in Table 9-4-2.1 or Table 9-5-2.1 or Table 9-7-2.1;
(E) Storage yards as permitted under the Personal Storage use type specified in Table 9-4-2.1 or Table 9-5-2.1 or Table 9-7-2.1; and
(F) Parking spaces for single-family residences only, as specified in Table 9-10-2.1(a). (h) Landscaping and Screening. All open parking areas shall be landscaped and/or screened according to the standards set forth in Chapter 5 of Division 10. (i) 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. (j) 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. (k) Parking Aisles. The minimum dimensions for parking aisles (the space required for maneuvering vehicles within a parking lot) shall be as set forth in Figure 9-10-205. 9-10-406 Truck Parking and Loading.
Parking and loading space for trucks shall be provided as set forth in this Section. (a) Commercial Uses. For commercial uses, one (1) space shall be provided for every use with three thousand (3,000) square feet of gross floor area or more. (b) Industrial Uses. For industrial uses, spaces shall be provided as follows:
(1) One (1) space shall be required for each use having three thousand (3,000) to twenty thousand (20,000) square feet of gross floor area; (2) Two (2) loading spaces shall be required for each use having twenty thousand (20,000) to forty thousand (40,000) square feet of gross floor area; and (3) For each twenty thousand (20,000) square feet of gross floor area, or major fraction thereof, over forty thousand (40,000) square feet of gross floor area, one (1) loading space shall be required.
(c) Design Standards. Design of required spaces shall be as follows:
(1) Spaces shall be a minimum twenty-five (25) feet in length and fifteen (15) feet in width, and shall have minimum height clearance of fourteen (14) feet; (2) Spaces shall be provided and maintained on the same lot as the commercial or industrial use creating the need therefor;
(3) Spaces shall not interfere with vehicular circulation or parking, or with pedestrian circulation; and
(4) On-site driveways and maneuvering areas may be used in lieu of one (1) of the off-street loading spaces required by this Section, as long as maneuvering areas for delivery vehicles are provided.
(d) 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.
ATTACHMENT C
Item 8.1
Mountain House Page 862 of 1663
245
9-10-407 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.
9-10-408 Timing of Installation.
All parking areas and driveways must be completely installed prior to issuance of a Certificate of Occupancy or initiation of use.
9-10-409 Modification of Requirements.
The requirements of this Chapter may be modified by the Director in cases in which, due to the unusual nature of the establishment proposed or the development proposal submitted for it, the requirements set forth herein may be considered insufficient or excessive. In making the decision, the Director may consider the existence of special transit incentives and services, car pooling programs, and significant use of pedestrian and bicycle access. Decisions of the Director pursuant to this Section may be appealed using the Staff Review with Notice Procedure set forth in Chapter 4 of Division 2. The following additional provisions 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 9-10-2.1 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.
ATTACHMENT C
Item 8.1
Mountain House Page 863 of 1663
246
9-10-410 Handicapped Parking.
(a) Accessible Parking. Accessible parking shall comply with the California Building Code and the following provisions:
(1) The following shall be used to determine the number of accessible parking spaces required:
Total Number of
Parking Spaces
Number of Accessible
Parking Spaces Required
1—25 1 van accessible space
26—50 2, including 1 van accessible space
51—75 3, including 1 van accessible space
76—100 4, including 1 van accessible space
101—150 5, including 1 van accessible space
151—200 6, including 1 van accessible space
201—300 7, including 1 van accessible space
301—400 8, including 1 van accessible space
401—500 9, including 2 van accessible spaces
501—1000 2%, including 3 van accessible spaces
1001 or more 20 plus 1 per 100 or fraction, including minimum 1 van accessible space per 8 accessible spaces or fraction thereof (2) The accessible space shall be as near as possible to the primary entrance of the building.
(3) The accessible space must permit use of either of the vehicle’s doors. (4) Bumpers are required when no curb barrier is provided to prevent encroachment of cars over walkways.
(5) Wheelchair users must not be forced to go behind parked cars other than their own. (6) When only one space is provided, it shall be a van space, seventeen (17) feet wide, outlined to provide a nine (9) foot wide parking area and an eight (8) foot wide loading and unloading area on the passenger side of the vehicle.
(7) When more than one (1) space is required, two (2) spaces may be provided within a twenty-three (23) foot wide area, or twenty-six (26) foot wide area including a van space. (8) Each parking space is required to be at least eighteen (18) feet long. (9) Surface slopes of parking areas for the disabled should be minimal but are required not to exceed one-quarter (¼) inch per foot in any direction. (10) Ramps shall not encroach into any parking space.
(11) When less than five (5) parking spaces are provided at a building or facility, one (1) shall be sized in accordance with item six above but need not be identified for handicapped/disabled use only.
(12) Each accessible stall must have a permanent DISABLED ACCESS PARKING sign with a minimum size of seventy (70) square inches. (13) Freestanding DISABLED ACCESS PARKING signs shall be located at the interior end of the stall and be mounted a minimum of eighty (80) inches above the finished grade. (14) Wall-mounted DISABLED ACCESS PARKING signs shall be located at the interior end of the stall and be mounted a minimum of thirty-six (36) inches above the finished grade.
(15) A sign, not less than seventeen (17) inches by twenty-two (22) inches, shall be located at each entrance to the parking lot, or immediately adjacent to and visible from each stall or
ATTACHMENT C
Item 8.1
Mountain House Page 864 of 1663
247
space, and state the following:
“Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons may be towed away at the owner’s expense. Towed vehicles may be reclaimed at _______ or by telephoning _______.”
(16) The surface of each accessible parking space or stall shall have a surface identification which duplicates either of the schemes:
(A) By outlining or painting the stall or space in blue and outlining on the ground in the stall or space in white, or suitable contrasting color, a profile view depicting a wheelchair with occupant; or
(B) By outlining a profile view of a wheelchair with occupant in white or blue background. The profile view shall be located so that it is visible to a traffic enforcement officer when a vehicle is properly parked in the space and shall be thirty-six (36) inches high by thirty-six (36) inches wide.
TABLE 9-10-2.1 MINIMUM AND MAXIMUM PARKING REQUIREMENTS Use Type or Use Spaces Required
Minimum
Spaces Required
Maximum
Unit of
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 1,000 sq. ft.
Administrative Support
Services
2.5 4.5 per 1,000 sq. ft.
Agricultural Organizations 2.5 4.5 per 1,000 sq. ft.
Agricultural Processing 0.67 2.5 per 1,000 sq. ft.
Agricultural Warehousing 0.67 2.5 per 1,000 sq. ft.
Automotive Services 0.67 2.5 per 1,000 sq. ft.
Community Assembly 0.25 0.33 per seat
Construction Services 0.67 2.5 per 1,000 sq. ft.
Custom Manufacturing 0.67 2.5 per 1,000 sq. ft.
Eating Establishments
Convenience 4.0 8.0 per 1,000 sq. ft.
Full-service 8.0 12.0 per 1,000 sq. ft.
Educational Services
Commercial 3.0 4.0 per 1,000 sq. ft.
ATTACHMENT C
Item 8.1
Mountain House Page 865 of 1663
248
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 1,000 sq. ft.
Funeral and Interment
Services
Undertaking 0.25 0.33 per seat
General Industrial 0.67 2.5 per 1,000 sq. ft.
Laundry Services 0.67 2.5 per 1,000 sq. ft.
Liquor Sales
Off-premises 3.5 4.5 per 1,000 sq. ft.
On-premises, general 8.0 12.0 per 1,000 sq. ft.
On-premises, limited 4.0 8.0 per 1,000 sq. ft.
Lodging Services 0.75 1.0 per room
Medical Services 4.0 5.0 per 1,000 sq. ft.
Professional Services 2.5 4.5 per 1,000 sq. ft.
Public Services
Administrative 2.5 4.5 per 1,000 sq. ft.
Essential (hospitals only) .5 1.0 per bed
Essential (other) 4.0 4.5 per 1,000 sq. ft.
Recreation
Indoor Participant, large court
– basketball, soccer, etc.
8.0 12.0 Per court, plus 1.0
per 200 sq. ft. for
amenities and
other non-court
areas
Indoor Participant, small
court – badminton, pickleball,
racquetball
2.0 3.0 Per court, plus 1.0
per 200 sq. ft. for
amenities and
other non-court
areas
Indoor spectator 0.25 5.0 0.33 7.0 per seat1,000 sq.
ft.
Religious Assembly 0.25 0.33 per seat
Research and Laboratory
Services
2.5 4.5 per 1,000 sq. ft.
Retail Sales and Services
Primary 3.0 4.5 per 1,000 sq. ft.
Intermediate 3.5 4.5 per 1,000 sq. ft.
General 3.5 4.5 per 1,000 sq. ft.
Truck Services 0.67 2.5 per 1,000 sq. ft.
Wholesaling and Distribution 0.67 2.5 per 1,000 sq. ft.
ATTACHMENT C
Item 8.1
Mountain House Page 866 of 1663
249
Other Use Types—As specified in Tables 9-10-201(a) and 9-10-201(b) of the Development Title.
CHAPTER 5. LANDSCAPING REGULATIONS
9-10-501 IntentPurpose, Authority, and Responsibilities. (a) Purpose. The intent of this Chapter is to prescribe standards for landscaping to protect public security and safety, conserve and protect property, and improve the general appearance of the City of Mountain House, and support the implementation of the Model Water Efficient Landscape Ordinance (MWELO). The California Department of Water Resources prepares and updates the MWELO, which is set out in Chapter 2.7 of Title 23 of the California Code of Regulations (“Chapter 2.7”). The City uses the MWELO in reviewing and approving plans for landscape design and installation. For purposes of this chapter, terms not otherwise defined in this Code shall be deemed to have the meaning set out in section 490.2 of title 23 of the California Code of Regulations. If, after the adoption of this chapter, the California Department of Water Resources, or its successor agency, amends Chapter 2.7’s requirements in a manner that requires the City to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this section, the City shall enforce the revised requirements of Chapter 2.7. Any references herein to Appendices A, B, or C shall be deemed to refer to such appendices to Chapter 2.7 of Title 23 of the California Code of Regulations.
(b) The purposes of landscape regulations under MWELO include:
(1) Promoting the values and benefits of landscaping practices that integrate and go beyond the conservation and efficient use of water;
(2) Establishing a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects by encouraging the use of a watershed approach that requires cross-sector collaboration of industry, government, and property owners to achieve the many benefits possible; (3) Establish provisions for water management practices and water waste prevention for existing landscapes;
(4) Using water efficiently without water waste by setting a Maximum Applied Water Allowance as the upper limit for water use and reduce water use to the lowest practical amount; (5) Promoting the benefits of consistent landscape ordinances with neighboring local and regional agencies;
(6) Encouraging local agencies and water purveyors to use economic incentives that promote the efficient use of water, such as implementing a tiered-rate structure; and (7) Encouraging local agencies to designate the necessary authority that implements and enforces the provisions of the Model Water Efficient Landscape Ordinance or its local landscape ordinance that is at least as efficient as the Model Water Efficient Landscape Ordinance. (8) Require water-efficient landscaping through the use of native and drought-tolerant plants and water-conserving irrigation practices;
(9) Aid in energy conservation by providing shade from the sun and shelter from the wind;
(10) Provide habitat through the re-establishment of native plants; (11) Assist in mitigating air quality impacts by reducing or absorbing pollutants; and (12) Minimize or eliminate conflicts between potentially incompatible, but otherwise permitted land uses on adjoining lots through visual screening.
ATTACHMENT C
Item 8.1
Mountain House Page 867 of 1663
250
(c) Authority. These regulations are intended to comply with the requirements of California Government Code of Regulations, Title 23, Division 2, Chapter 2.7 for a “water efficient landscape ordinance.”
(d) The City’s Responsibilities. Pursuant to 23 California Code of Regulations § 491.3(b), the City is responsible for the enforcement of the MWELO, including but not limited to approval of a permit, plan check, or design review of a project. (1) Prior to construction, the City shall:
(A) provide the project applicant with the model ordinance and procedures for permits, plan checks, or design reviews;
(B) review the Landscape Documentation Package submitted by the project applicant; (C) approve or deny the Landscape Documentation Package; (D) issue a permit or approve the plan check or design review for the project applicant; and
(E) For the performance compliance option only, upon approval of the Landscape Documentation Package, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
(e) Project Applicant’s Responsibilities.
(1) Prior to construction, the project applicant shall:
(A) Submit a Landscape Documentation Package to the City (2) Upon approval of the Landscape Documentation Package by the City, the project applicant shall:
(A) receive a permit or approval of the plan check or design review and record the date of the permit in the Certificate of Completion;
(B) submit a copy of the approved Landscape Documentation Package along with the record drawings, and any other information to the property owner or their designee unless the property owner is the project applicant; and
(C) for the performance-compliance option only, submit a copy of the Water Efficient Landscape Worksheet to the local water purveyor.
9-10-502 Applicability and Exemptions.
(a) Applicability. The requirements of this Chapter shall apply to all new commercial and industrial projects, multifamily developments, mobile home parks, planned developments, and model homes. Section 9-10-506 contains specific requirements for residential zones.the following landscape projects:
(1) “New construction projects” (i.e. new building with a landscape or a new landscape where one did not exist before) with a landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check, or design review; (2) “Rehabilitated landscape projects” with a landscape area which is equal to or greater than 2,500 square feet requiring a building or landscape permit, plan check, or design review;
(b) Limited Applicability. The requirements of this Chapter shall apply in a limited manner as it relates to existing non-rehabilitated landscapes, cemeteries, and certain projects that meet their landscape water requirements entirely with gray water or rain water, as specified below:
(1) Existing Non-Rehabilitated Landscapes. Existing Non-Rehabilitated Landscapes shall only be subject to Section 9-10-510; and
(2) Cemeteries. Recognizing the special landscape management needs of cemeteries:
ATTACHMENT C
Item 8.1
Mountain House Page 868 of 1663
251
(i) Existing Cemeteries. Existing Cemeteries are only subject to the performance compliance requirements and provisions for existing non-rehabilitated landscapes, as outlined under Section 9-10-510
(ii) New and Rehabilitated Cemeteries. New and Rehabilitated Cemeteries are only subject to the following requirements: 1)the water efficient landscape worksheet; 2) the landscape and irrigation maintenance schedule, and 3)irrigation audits. (3) Certain Projects Using Gray Water or Rainwater. For Projects using gray water or rainwater, if any lot or parcel within the project has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement entirely with treated or untreated gray water (i.e., household showers, dishwashing operations, etc.) or through stored rainwater captured on site, then that respective lot or parcel is only subject to irrigation system requirements under the prescriptive compliance option set forth by the City.
(c) Exemptions. The following are exempt from the requirements of this Chapter:
(1) Project landscaping that is less than 500 square feet; (2) Registered local, state or federal historical sites; (3) Areas in need of fire-resistant sections of vegetation; (4) Ecological restoration projects that do not require a permanent irrigation system; (5) Plant collections, as a part of botanical gardens and arboretums open to the public; and
(6) Mined-land reclamation projects, and other projects that do not require a permanent irrigation system
(7) Any area for which the Review Authority authorizes conditional exceptions, unless the standard specifically states that an exception cannot be granted; such exceptions may be granted if the Review Authority finds in writing that the proposed design is in substantial compliance with the purpose and intent of this chapter. 9-10-503 Landscaping Standards.
All landscaping required by this Chapter shall comply with the following provisions:
(a) General Planting Requirements. Unless otherwise specified, all plantings required by this Chapter shall comply with the following:
(1) Composition
(a) General. Landscaping may includeconsist of a combination of ground cover materials, shrubs, and trees. Ground cover may include grasses, shrubs, perennials, vines, or other plants; as well as natural features such as, mulch such as gravel, rock and, stone, as well ascinder, bark, or other permeable materials. Landscaping may include incidental or structural features including, but not limited to, stepping stones, site furniture, water features (i.e. water fountains), reflecting pools, and sculptures. Only recirculating water shall be used for decorative water featuresart, or other ornamental features placed within a landscaped setting. All landscaping required by this Chapter shall comply with the following provisions and with the applicable Mountain House Design Manual and with the Mountain House design manuals and the Neighborhood-specific landscape guidelines, as applicable and to the extent not inconsistent with this Chapter and chapter 2.7 of title 23 of the California Code of Regulations. (b) Composition. Where required, planting shall include the installation and maintenance of no less than one (1) item from each of the following groups:
(A1) Group One: Trees;
ATTACHMENT C
Item 8.1
Mountain House Page 869 of 1663
252
(B2) Group Two: Shrubs or Vines; or
(C3) Group Three: Ground Cover, Flowers or Turf.
(2c) Water Efficient Landscape. All new landscaping shall be planned to create a water efficient landscape.
(A) The planted area shall balance the water demands of different plant species to create an overall landscape which requires a moderate amount of water. For design purposes, planting areas shall be defined as low use, medium use, or high use areas. The water value designations of low use, medium use, or high use, shall be determined from a plant list approved by the Director. Water use values reflect the relative water use of each type of planting area. To check a landscape design for compliance, multiply the water use value in the list by its respective planting area; if the sum of the water use factors is less than the design area, the design is acceptable. (B) d) Plant Materials.
(1) Turf Allowance and Limited Exceptions may be granted for the following areas:
(i) Homeowner-provided landscaping for single-family and multifamily projects; (ii
(A) Turfgrass shall not exceed 25% of the landscape area in residential landscapes; (B) There shall be no turfgrass in non-residential landscapes; and (C) Turfgrass shall not be planted on sloped areas which exceed a slope of one foot vertical elevation change for every four feet of horizontal length; and, (D) Turfgrass is prohibited in parkways less than 10 feet wide, unless the parkway is adjacent to a parking strip and used to enter and exit vehicles. (E) Any turfgrass in parkways must be irrigated by subsurface irrigation or by other technology that creates no water waste, overspray or runoff; (F) Except for turf areas that comprise an essential component of a project (e.g., golf courses or playing fields), which are exempt from this limit. Turf is prohibited on slopes greater than 20 percent. The Director may grant exceptions for special landscape areas (an irrigated area that may be all or part of the landscape project and is permanently and solely dedicated to edible plants such as orchards and vegetable gardens, recreational areas, areas irrigated with recycled water, or water features using recycled water, including:
(i) Cemeteries, schools, and parks; and
(iii) Registered historical sites;
(iv) Ecological restoration projects, mined-land reclamation projects, and other projects that do not require a permanent irrigation system;
(v) Areas in need of fire-resistant sections of vegetation; or (vi) Any area for which the Review Authority authorizes conditional exceptions, unless the standard specifically states that an exception cannot be granted; such exceptions may be granted if the Review Authority finds in writing that the proposed design is in substantial compliance with the purpose and intent of this chapter. (3) Plant Selection.
(A
(ii) Any area for which the Director finds that the proposed design is in substantial compliance with the purpose and intent of this Chapter. (2) Stock Quality. Plants shall be healthy and meet minimum industry standards. (B) Selection
(3) Plant Selection. Plant selection for non-residential development shall be in
ATTACHMENT C
Item 8.1
Mountain House Page 870 of 1663
253
accordance with the plant list maintained by the City. Plant selection for all other development is as follows:
(A) Any plant that is not specifically prohibited may be selected for the landscape, providing the Estimated Total Water Use in the area does not exceed the Maximum Applied Water Allowance.
(B) The architectural guidelines of a common interest development, which include community apartment projects, condominiums, planned developments, and stock cooperatives, shall not prohibit or include conditions that have the effect of prohibiting the use of low-water use plants as a group.
(C) Each hydrozone shall have plant materials with similar water use. (i) Exceptions are allowed for hydrozones that use a mix of plant materials with low and moderate plant factors or moderate and high plant factors, as specified in Section 9-10-511.3 (d)(7).
(D) High water use plants, characterized by a plant factor range of 0.7 to 1.0, are prohibited in street medians.
(E) Plants should be selected and planted appropriately based upon their adaptability to the climatic, geologic, and topographical conditions of the project site, including water efficiency.
Methods to achieve water efficiency include:
(i) Using the Sunset Magazine Western Climate Zone System which takes into account temperature, humidity, elevation, terrain, latitude and varying degrees of continental and marine influence on the local client;
(ii) Recognizing the horticultural attributes of plants (i.e. mature plant size, invasive surface roots) to minimize damage to property or infrastructure (e.g., buildings, sidewalks, power lines) and to allow for adequate soil volume for healthy root growth; and (iii) Using solar orientation for plant placement to maximize summer shade and winter solar gain.
(4) Native Plant Preference. Native plants, particularly native trees and shrubs, shall be considered as the first alternative when selecting plants. Plant selection for non-residential development shall be in accordance with the plant list maintained by the City. (C5) Height Limitations. Plantings, excluding trees, shall extend no more than three (3) feet above any street curb in the following locations:
(iA) Within a thirty (30) foot snipe of a street intersection without a stop sign or stop light;
(iiB) Within a fifty (50) foot snipe of a street intersection containing a stop sign or stop light;
(iiiC) Within a fifteen (15) foot snipe of a commercial driveway or alleyway; or (ivD) Within a ten (10) foot snipe of a residential driveway. (D6) Trees. When planted, the trees shall be at least five (5) gallons in size. (E) Turf Areas. Areas of turf shall be planted to meet the following requirements:
(i) Turf shall not be permitted in planted areas ten (10) feet or less in width, or in median strips.
(ii) Under no circumstances shall turf be installed on slopes greater than twenty percent (20%).
(iii) Turf shall not be installed within ten (10) feet of the dripline of native oak trees, except for young trees with driplines of less than ten (10) feet. (iv) Turf shall be of a variety well suited to the local climate, such as tall fescue.
ATTACHMENT C
Item 8.1
Mountain House Page 871 of 1663
254
(F
(7) Mulch. A minimum of three (3) inchesinch layer of an organic mulch shall be applied on all exposed soil surfaces of planting areas, except in turfgrass areas, areas receiving closely spaced plugs as a lawn alternative or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial instincts and other wildlife, up to five percent of the landscape area may be left without mulch. Stabilizing mulching products must be used on slopes that meet current engineering standards. The mulching portion of the seed/mulch slurry in hydro seeded applications must meet the mulching requirement. placed in shrub areas on the soil surface after planting. Nonporous materials shall not be placed under the mulch. (be) Earth Berms. Earth berms shall comply with the following provisions:
(1) An earth berm may contribute toward the prescribed height of any planting, fencing, or wall; and
(2) Mounds of earth which are used to screen or for planting shall not maintain a slope greater than two to one (2:1).
(cf) Irrigation. Irrigation systems shall be installed for all landscaped areas as follows (please be advised water waste resulting from inefficient landscape irrigation may result in penalties, as outlined in the water conservation chapter):
(1) Soil types and infiltration rates shall be considered when designing irrigation systems. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray, or similar conditions where water flows onto adjacent property, nonirrigated areas, walks, roadways, or structures.
(2) No overhead sprinkler irrigations systems (pop-up, impulse sprinklers, rotors) shall be installed in median strips less than ten (10) feet wide. (3) Any landscaping is required to use rain switches as part of any automatic irrigation system.
(4) 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.
(dg) Erosion Control. Erosion shall be controlled as follows:
(1) Slopes created through grading during construction shall be (re)planted with groundcover at a maximum of eighteen (18) inches on center or (re)planted with shrubs; (2) Slopes shall be restricted to a maximum 2:1 slope ratio; (3) Slopes greater than six (6) feet in vertical height shall be planted with groundcover a maximum of eighteen (18) inches on center;
(4) Erosion shall be controlled on all graded sites which remain vacant prior to building construction; and
(5) Protective netting may be required on an interim basis to ensure bank stability. (eh) Protective Curbing. Protective six (6) inch concrete curbs or standard concrete wheel stops shall be required where planting or screening abuts parking stalls or driveways. (fi) 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.
(gj) Safety. Landscaping and screening shall meet the following safety requirements:
(1) Landscape or screening elements which pose an unusual public health or safety threat shall not be permitted;
(2) The height, spread, and growth habit of all plantings shall not interfere with or
ATTACHMENT C
Item 8.1
Mountain House Page 872 of 1663
255
obstruct ease of movement; and
(3) Street trees, shall be pruned so that no branch shall extend over the sidewalk lower than six (6) feet above curb level.
(hk) Maintenance. Landscaping and screening shall be maintained as follows:
(1) Plantings shall be maintained in good growing conditions and, whenever necessary, replaced with new plant ma[terials]materials; (2) Lawn and ground cover shall be trimmed and mowed regularly and planting areas shall be kept free of weeds and debris;
(3) Plantings shall be fertilized, cultivated, and pruned on a regular basis, and good horticultural principles shall be practiced;
(4) When necessary, plantings shall be appropriately staked, tied, or otherwise supported. Supports shall be regularly monitored to avoid damage to plants; (5) All landscaping and related equipment, including, but not limited to, plant material, screening devices, walkways, benches, fountains, and irrigation systems, shall be maintained by the property owner; and
(6) All required screening materials shall be maintained in good condition and, whenever necessary, repaired or replaced.
(il) Replacements. When replacing vegetation, native plants, particularly native trees and shrubs, shall be considered as the first alternative. (jm) Landscape Plans. Landscape Plans, including location, variety, irrigation, and other information necessary to determine compliance with these requirements must be submitted and approved by the Director whenever landscaping is required. For large scale projects, the Director may require these plans to be prepared by a Landscape Architect. 9-10-504 Street Trees.
(a) The planting of trees along streets is required for all new residential developments as follows:
(a1) Spacing. Trees shall be spaced at a maximum of sixty (60) foot intervals or a minimum of one tree per lot frontage, except in the Rural Residential Zone, in which case a minimum of three (3) trees are required for each lot frontage. (b2) Corner Lots. For corner lots, street trees shall be required on both street frontages.
The trees cannot interfere with sight distances and setbacks. (c3) Size. Trees shall be five (5) gallons in size.
(d4) Location. Trees shall be located such that at fifteen (15) years of age the crown will not encroach across side property lines.
(e5) Location from Driveways. Trees shall be located a minimum of ten (10) feet from driveways.
(f6) Location from Rights-of-Way. Trees shall be located a minimum of four (4) feet and a maximum of ten (10) feet outside of the road right-of-way. (g7) Street Frontages. Street trees shall be required along street frontages where noise attenuation walls are required. They shall be placed in the yard or integrated with a serpentine wall. (h8) City Tree List. Trees shall be chosen from the City Tree List. (i9) Exceptions. Exceptions to street tree planting may be permitted on those lots where proper spacing is not possible provided the exceptions are granted by the Director of the Community Development Department.
(j10) Maintenance. Street trees shall be maintained by a public or private entity as
ATTACHMENT C
Item 8.1
Mountain House Page 873 of 1663
256
follows:
(1A) Plantings shall be maintained in good growing condition and, whenever necessary, replaced with new plant materials;
(2B) Planting areas shall be kept free of weeds and debris; (3C) Plantings shall be fertilized, cultivated, and pruned on a regular basesbasis, and good horticultural principles shall be practiced; and
(4D) When necessary, plantings shall be appropriately staked, tied, or otherwise supported. Supports shall be regularly monitored to avoid damage to plants. (k11) Timing of Installation. Required street trees, including irrigation systems, shall be completely installed prior to the final inspection of the building. (l12) 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. (m13) 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.
(1A) 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. (2B) 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. (3C) 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. (n14) Tree List. Tree selection shall be in accordance with the tree list maintained by the City.
9-10-505 Requirements for Parking Areas.
The following requirements shall apply to all open, off-street parking areas and off-street loading areas, including nonresidential driveways:
(a) Parking areas with more than twenty (20) stalls shall provide a minimum of five percent (5%) of landscaping within the perimeter of the parking area, not including landscaping along the street frontage.
(b) One tree shall be required for each five (5) parking stalls, or portion thereof, and shall be evenly spaced throughout the parking lot.
(c) A ten (10) foot wide landscaped strip shall be installed between parking areas and adjacent public streets.
(d) Planters which abut parking stalls shall be a minimum of five (5) feet wide. A minimum eighteen (18) inch wide paved strip shall be added to the adjacent parking stall to allow access to and from vehicles.
(e) Unless otherwise specified, parking areas abutting a residential zone, an area shown on the General Plan for residential use, or an existing residential use, shall be screened with a solid masonry wall six (6) to seven (7) feet in height along the abutting property line, and a five (5) foot planting strip shall be installed adjacent to the wall and the parking area. (f) 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.
ATTACHMENT C
Item 8.1
Mountain House Page 874 of 1663
257
(g) 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.
9-10-506 Requirements for Residential Zones.
The following requirements shall apply in the residential zones:
(a) Multifamily Developments. The following requirements shall apply to developments which result in five (5) or more multifamily dwelling units:
(1) All areas not used for buildings, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped; and (2) Site development shall incorporate the surrounding topography and provide for the preservation of natural features such as water courses, native oaks, heritage trees, wooded areas, and rough terrain.
(b) Mobile Home Parks. The following requirements shall apply to mobile home parks:
(1) All areas not used for buildings, parking, driveways, walkways, recreational facilities, or other permanent facilities shall be landscaped; and (2) Site development shall relate harmoniously to the surrounding topography and provide for the preservation of natural features such as water courses, native oaks, heritage trees, wooded areas, and rough terrain.
(c) Planned Developments. The following requirements shall apply to planned developments:
(1) The number of trees for the site shall equal at least twice the number of dwelling units, excluding street and erosion control trees;
(2) Additional plantings shall be provided, particularly in open space areas, to accent buildings, screen parking areas, and provide variety; and (3) A landscaping plan prepared by a licensed landscape architect shall be required.
The landscaping plan shall include the following:
(A) A site plan and sections illustrating the proposed location and size of landscape elements such as plantings, structures, walkways, fencing, and screening; (B) Scale drawings and specifications depicting the design, colors, materials, dimensions, structural supports, and electrical components of the proposed plan; and (C) Planting, irrigation, lighting, and grading specifications. Reserved. (d) Model Homes. One (1)All model homehomes that are landscaped shall demonstrate viadisplay signs andthat provide information demonstrating the principles of water efficient landscapes described in this Titlemodel ordinance. (1) Signs shall be used to identify the model home as an example of a water efficient landscape which features. Signage shall include:
(A) fundamental water efficient landscape elements such as hydrozones, irrigation equipment, and others whichnative plants, gray water systems, rainwater catchment systems, and other elements as applicable that contribute to the overall water efficient theme. (B) information about the site water use budget as designed per the local ordinance; specify who designed and installed the water efficient landscape. (2) Information and handouts shall be provided about designing, installing, managing, and maintaining water efficient landscapes.
ATTACHMENT C
Item 8.1
Mountain House Page 875 of 1663
258
9-10-507 Requirements for Commercial Projects.
The following requirements shall apply to all commercial projects:
(a) Landscaping Requirements.
All areas not used for buildings, parking, driveways, walkways, or other permanent facilities shall be landscaped. A minimum ten (10) foot wide planting strip shall be required along adjacent streets. The strip shall be continuous except where crossed by driveways and walkways. 9-10-508 Requirements for Industrial Projects.
The following requirements shall apply to all industrial projects:
(a) Landscaping Requirements.
All areas not used for buildings, parking, driveways, walkways, approved outdoor storage areas, or other permanent facilities shall be landscaped. At a minimum, a ten (10) foot wide planting strip is required along adjacent streets. The strip shall be continuous except where crossed by driveways and walkways.
9-10-509 Requirements for Freeways and Scenic Routes.
For commercial and industrial projects, a minimum ten (10) foot wide planting strip shall be required along all Interstate highways, State Route 99, all on- and off-ramps thereof, and all scenic routes that are defined in the General Plan.
9-10-510 Provisions for Existing Non-rehabilitated Landscapes (a) Existing non-rehabilitated landscapes that were installed before December 1, 2025 and are over one acre in size, are subject to the following provisions:
(1) For all existing non-rehabilitated landscapes that have a water meter, the City shall administer programs that may include, but are not limited to, irrigation water use analyses, irrigation surveys, and irrigation audits to evaluate water use and provide recommendations as necessary to reduce landscape water use to a level that does not exceed the Maximum Applied Water Allowance for existing non-rehabilitated landscapes. (A) The Maximum Applied Water Allowance for existing non-rehabilitated landscapes shall be calculated as: MAWA = (ETo) x (0.62) x (0.8 x RLA + 1.0 x SLA). (2) For all existing non-rehabilitated landscapes that do not have a meter, the City shall administer programs that may include, but are not limited to, irrigation surveys and irrigation audits to evaluate water use and provide recommendations as necessary in order to prevent water waste.
(b) All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.
9-10-511 Required Landscape Plans and Supporting Materials (a) General Requirements. A complete Landscape Documentation Package and any supporting documents (if applicable) must be provided to the Administrator on the forms required by the MWELO for all non-exempt landscape projects. Streamlined review of submittals are available for projects subject to limited applicability of requirements under this chapter. (b) Landscape Documentation Package Requirements
(1) Prescriptive Compliance. Landscape projects that involve 2,500 square feet or less of landscape area may be approved through a Zoning Compliance Review if the applicant meets all of the following requirements. Under this procedure, Landscape Documentation requirements of
ATTACHMENT C
Item 8.1
Mountain House Page 876 of 1663
259
the MWELO are waived.
(A) A project information sheet with the following completed elements:
(i) date the project information sheet is completed;
(ii) name of the project applicant;
(iii) contact information for the project applicant and property owner; (iv) project address (if available, parcel and/or lot number(s)); (v) total landscape area (square feet);
(vi) project type (e.g., institutional (i.e., public), private, cemetery, homeowner-installed);
(vii) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well; and (viii) applicant signature and date with statement: “I agree to comply with the requirements of the prescriptive compliance option to the MWELO.” (B) A Landscape design plan that includes:
(i) Total landscape area (square feet); and
(ii) A breakdown of turfgrass and plant material (e.g., plant legend). (2) Performance Compliance. The performance compliance requirements shall be used as the compliance option for any landscape project with greater than 2,500 square feet of area and documented in the Landscape Documentation Package, as described in Section 9-10-511, and the Certificate of Completion Package, as described in Section 9-10-516.The Landscape Documentation Package Requirements shall include the following six (6) elements:
(A) A project information sheet with the following completed elements:
(i) date the project information sheet is completed;
(ii) name of the project applicant;
(iii) contact information for the project applicant and property owner; (iv) project address (if available, parcel and/or lot number(s)); (v) total landscape area (square feet);
(vi) project type (e.g., new, rehabilitated, institutional (i.e., public), private, cemetery, homeowner-installed);
(vii) water supply type (e.g., potable, recycled, well) and identify the local retail water purveyor if the applicant is not served by a private well; (viii) checklist of all documents in Landscape Documentation Package; and, applicant signature and date with statement: “I agree to comply with the requirements for the performance compliance option of the MWELO and submit a complete Landscape Documentation Package.” (ix) applicant signature and date with statement: “I agree to comply with the requirements for the performance compliance option of the MWELO and submit a complete Landscape Documentation Package.”
(B) soil management report pursuant to Section 9-10-511.1; (C) landscape design plan pursuant to Section 9-10-511(c); (D) grading design plan pursuant to Section 9-10-511.2; (E) irrigation design plan pursuant to Section 9-10-511.3; and (F) Water Efficient Landscape Worksheet pursuant to Section 9-10-512:
(G) Maximum Applied Water Allowance (MAWA);
(H) Estimated Water Use (EWU); and
(I) Estimated Total Water Use (ETWU).
(c) Landscape Design Plans. Landscape Design Plans, including location, variety,
ATTACHMENT C
Item 8.1
Mountain House Page 877 of 1663
260
irrigation, and other information necessary to determine compliance with these requirements must be submitted and approved by the Director whenever landscaping is required. For large scale projects, the Director may require these plans to be prepared by a Landscape Architect. (1) The landscape design plan, at a minimum, shall:
(A) delineate and label each hydrozone by number, letter, or other method; (B) identify the plant factor for each hydrozone as very low, low, moderate, high, or mixed water use.
(i) Temporarily irrigated landscape areas shall use the low water use plant factor range in the water budget calculation specified in Section 9-10-512(d)(1). (C) identify special landscape areas, including:
(i) recreational areas;
(ii) areas permanently and solely dedicated to edible plants; and, (iii) areas irrigated with or water features using recycled water; (D) identify type of mulch and application depth;
(E) identify type and quantity of soil amendments;
(F) identify type and surface areas of water features;
(G) identify hardscapes (pervious and non-pervious);
(H) identify location, installation details, and 24-hour retention or infiltration capacity of any applicable stormwater best management practices that encourage on-site retention and infiltration of stormwater. Project applicants shall refer to the local agency or regional Water Quality Control Board for information on any applicable stormwater technical requirements.