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.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

Permitted, not permitted and conditionally permitted use types in the AU zone shall be as provided in Table 9-6-2.1.

(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 9-6-2.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

Permitted, not permitted and conditionally permitted accessory uses and structures in the AU zone shall be as provided in Table 9-6-2.2. 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.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

In addition to the provisions of Sections 9-6-201 through 9-605.5, 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 14 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.

(f)

Resource Recovery. A permit approval shall be subject to all of the following 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.

(g)

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 Citymaintained 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.

(h)

Temporary Farm Labor 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.

(i)

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.

(j)

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.

(k)

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.

(o)

No more than twenty-five percent (25%) of the kennel building area may be used for pet grooming.

(p)—(t)

Deleted.

(u)

Veterans Organizations. In the AU zone, Veterans Organizations may only be located in existing Community Assembly facilities, and the facilities may not be rented.

(v)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

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, 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

TABLE 9-6-2.2 ACCESSORY USES AND STRUCTURES IN AGRICULTURAL ZONE

TABLE 9-6-2.3 TEMPORARY USES AND STRUCTURES IN AGRICULTURAL ZONE

(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 agricultural zones consistent with the policies and principles of the General Plan.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(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:

(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.

(Ord. 2024-18, § 1(Exh. A), 2024)

Lots within the agricultural zones shall not have a width less than that set forth in Table 9-6-3.1.

(Ord. 2024-18, § 1(Exh. A), 2024)

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 9-1010;

(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.

(Ord. 2024-18, § 1(Exh. A), 2024)

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.

(Ord. 2024-18, § 1(Exh. A), 2024)

The percentage of the total area of any lot which may be occupied by buildings in the agricultural zones shall not exceed that set forth in Table 9-6-3.1.

(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 9-6-3.1 STANDARDS FOR MINIMUM LOT AREA & WIDTH, YARD DIMENSIONS, HEIGHT, BUILDING COVERAGE, AND DEPTH:WIDTH RATIO¹

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.

(Ord. 2024-18, § 1(Exh. A), 2024)