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

(a)

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

(b)

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

(c)

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

(d)

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

(e)

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

(f)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

Division 4 consists of the following chapters:

(a)

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

(b)

9-410 Commercial Zones: Lot and Structure Regulations.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

Uses or structures that require discretionary review may be expanded with an Improvement Plan, provided the following conditions are met:

(a)

The proposed expansion of a structure involves less than a twenty-five percent (25%) increase in floor area covered by the existing use; and

(b)

The proposed expansion involves less than a ten percent (10%) increase in the overall site area covered by the existing use; and

(c)

The proposed expansion, in the opinion of the Director, will not have a substantial, adverse effect on adjacent property; and

(d)

The proposed expansion will comply with existing requirements of agencies having jurisdiction and any other appropriate regulatory agency; or

(e)

Where conditions in Subsections (a) through (d) of this Section are not met, the level of review for the expansion shall be the same as the level of review required in Table 9-4-2.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(a)

Medical Services Use Type.

(1)

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

(2)

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

(b)

Public Services: Essential, Use Type.

(1)

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

(2)

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

(c)

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

(1)

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

(2)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

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

(Ord. 2024-18, § 1(Exh. A), 2024)

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

TABLE 9-4-2.1 USES IN COMMERCIAL ZONES

¹ Applies within Specific Plan III area of Mountain House.

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

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

The provisions of this Chapter may be modified pursuant to Chapter 15 of Division 8, Planned Development Zone.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(2)

The minimum setback for off-street parking areas adjacent to lots zoned or designated on the Master Plan for residential use shall be ten (10) feet.

(3)

The minimum side and rear setback for off-street parking areas in the C-O and C-FS zones shall be five (5) feet.

(d)

Setback Exceptions for Other Specified Structures.

(1)

Fire Escapes. Fire escapes shall not extend or project more than four (4) feet beyond the setback line.

(2)

Stairways and Balconies. Open, unenclosed stairways, or balconies not covered by a roof or canopy, shall not extend or project more than four (4) feet beyond the side or rear setback line, and shall not extend or project more than thirty (30) inches beyond the front setback line.

(3)

Porches. Porches, platforms or landing places which do not extend above the level of the first floor of the building shall not extend or project more than five (5) feet beyond the setback line; however, any open work railing, no more than thirty (30) inches in height, may be installed or constructed on any such porch, platform or landing place.

(4)

Patio Covers. Patio covers, as defined by Chapter 49 of the Uniform Building Code, may be located within three (3) feet of the rear or side property line.

(5)

Eaves, Roof Overhangs and Similar Features. Eaves, roof overhangs and other similar architectural features may extend or project up to:

(A)

Thirty (30) inches beyond the setback line, provided said architectural feature is no closer than thirty (30) inches to the property line where the setback requirement is ten (10) feet or less;

(B)

Ten (10) feet beyond the setback line, where the setback requirement is more than ten (10) feet.

(6)

Fireplaces, Air Conditioning Equipment, Water Softener Units. Fireplaces, air conditioning units and water softening units may extend or project up to thirty (30) inches beyond the setback line, provided said structure is no closer than thirty (30) inches to the property line.

(7)

Pools. Pools shall not be located closer than three (3) feet from any side or rear property line.

(e)

Setback Exceptions for Specified Land Uses or Features.

(1)

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

(2)

Power Line Easements. Dwelling units shall maintain a minimum setback of twenty-five (25) feet from the Rio Oso-Tesla powerline easement. Non-residential structures shall maintain a minimum setback of ten (10) feet from the Rio Oso-Tesla powerline easement.

(3)

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

(4)

Wetlands. Buildings and structures shall maintain a minimum setback from wetlands in accordance with the setback requirements for wetlands specified in the Wetlands Management Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

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;

(c)

Flagpoles; and

(d)

Church towers/steeples.

(Ord. 2024-18, § 1(Exh. A), 2024)

The maximum building coverage by zone for buildings and structures shall be as set out in Table 9-4-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

All principal uses in the commercial zones shall have access to a City maintained road.

(Ord. 2024-18, § 1(Exh. A), 2024)

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

SETBACK REQUIREMENTS*

* 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.

(Ord. 2024-18, § 1(Exh. A), 2024)