Division 5 — YARD STANDARDS

In addition to the regulations prescribed within each residential district, the following regulations shall apply: Where sites comprising forty (40) percent of the frontage on a block in a residential district are improved with buildings, the minimum front yard shall be the average of the front yard depths for structures on each developed site on such block.

In addition to the regulations prescribed within each residential district, the following regulations shall apply:

A.

On a reversed corner lot the minimum rear yard shall not be less than the minimum side yard prescribed for the district if the side yard adjoining the street is not less than the required front yard on the adjoining key lot, or twenty (20) feet, whichever is greater.

B.

On the side street side of a corner lot, the minimum side yard for a garage, carport, or off-street parking space required to serve a dwelling in a residential district shall be twenty (20) feet; provided, that if the garage, carport, or off-street parking space is entered parallel to the street, the minimum side yard shall be the same as the side yard otherwise required on the site.

C.

On any lot located in the RV, RL, RS, and RM zones, the minimum side yard requirement for single-story development additions to existing residences shall be the existing distance of the structure from the side property line, or the distance prescribed for the district, whichever is less. All single-story development additions shall not encroach in the front and rear yards prescribed for the district, and the total square footage of the residence shall not exceed the building coverage prescribed for the district. This provision

shall not apply to new construction or substantial remodels which include the removal and reconstruction of square footage, as determined by the director of planning and community development.

D.

On any lot located in the RV, RL, RS, and RM zones, the minimum side yard requirement for second-story development additions shall be the existing distance of the first-story structure. The total combined side yard setback prescribed for the district shall be maintained. The combined side yard setback may be situated on any one (1) side of the property, or any combination of distances. No second-story cantilever is permitted into required side yards and all second-story development additions shall not encroach into the front and rear yards prescribed for the district. An application for a site plan review shall be required for all second-story additions which do not conform with the required yards prescribed for the district and shall be subject to the provisions of this chapter. This provision shall not apply to new construction or substantial remodels which include the removal and reconstruction of square footage, as determined by the director of planning and community development.

(Ord. No. 196, § 1, 7-24-91; Ord. No. 09-358, § 9, 1-18-2009; Ord. No. 11-388, § 53, 12-14-2011)

9605.2. - Traffic sight obstructions.

On a corner lot, no fence, wall, hedge, or other obstruction, except the natural grade of a site, within a triangular area formed by the street property lines and a line connecting points on the street property lines twenty-five (25) feet from the intersection of the projection of the streets right-of-way, shall exceed a height of three (3) feet above established grade at the edge of the street pavement on plans approved by the director of planning and community development or the existing pavement or traveled way if plans have not been approved.

Architectural projections, including eaves, awnings, louvers, and other similar shading devices; sills, belt courses, cornices, and similar features; and flues and chimneys may project not more than six (6) feet into a required front yard, rear yard, or street side yard and not more than two (2) feet into any interior side yard; provided that the distance between the architectural projection and a side property line shall not be less than five (5) feet. Existing dwellings shall be allowed an architectural projection of not more than eighteen (18) inches into any interior side yard; provided that the following findings are made:

A.

An unobstructed clear path shall be provided, located in the interior side yard of the projection, of at least three (3) feet and six (6) inches in width.

B.

The total number of architectural projections on a wall shall not cover more than twenty (20) percent of the length of the wall. Architectural projections which exceed twenty (20) percent of the length of the wall shall be subject to approval by the director of planning and community development. In considering the request, the director shall consider compatibility with adjoining structures relative to overall spacial separation between structures and any projections, and preservation of light, air and view.

C.

A minimum distance of eight (8) feet and six (6) inches shall be provided between an architectural projection and an adjoining structure or architectural projection.

Existing dwellings shall be allowed to project roof eaves of not more than eighteen (18) inches into any interior side yard; provided that the distance between the roof eave and a side property line shall not be less than three (3) feet and six (6) inches.

(Ord. No. 197, § 1, 9-11-91)

Oriel or bay windows may project not more than five (5) feet into a required front yard, rear yard, or street side yard, provided that the total width of oriel or bay windows shall not exceed fifty (50) percent of the length of the wall on which they are located and the width of any individual oriel or bay window shall not exceed ten (10) feet.

Unroofed porches, steps, and terraces may project not more than six (6) feet into a required front yard or side yard on the street side of a corner lot, or to a point not closer than three (3) feet to an interior side or rear property line; provided, that the height including railings shall not exceed six (6) feet above the grade of the ground at the property line.

Balconies, decks over one (1) foot above the ground, terraces, and other similar unroofed structures at a height including railing more than six (6) feet above the level at which a yard must be provided, may project not more than six (6) feet into a required front yard or rear yard and five (5) feet into any other required yard; provided that such structures shall not reduce any yard to less than five (5) feet except on the street side of a corner lot. Such structures shall be cantilevered or supported only by necessary columns. A balcony or deck projecting from a higher story may extend over a lower balcony or deck but shall not in such case be deemed a roof for the lower balcony or deck.

Open, unenclosed fire escapes and fireproof outside stairways may project into any required yard with a maximum of four (4) feet; provided, that no yard shall be reduced to less than three (3) feet.

Covered patios attached to a main structure to within ten (10) feet of the rear property line and to within three (3) feet of the side property line and the covered patios shall not cover more than fifty (50) percent of the required yard. Such patio shall remain permanently unenclosed on at least two (2) sides, except for detachable screens. A covered patio not attached to a main structure shall be deemed an accessory structure.

Underground structures, such as swimming pools, may project without limit into any required yards; provided, that such structures shall not have a height of more than four and one-half (4½) feet and shall not be located closer than five (5) feet to any property line, or main structure.

(Ord. No. 98-291, § 1, 10-14-98)

Recreation vehicles and/or motorhomes that are over six (6) feet in height may project without limit into a required side yard, provided that such vehicles, if located within the RM or RS zones, shall not be parked for more than forty-eight (48) hours within five (5) feet of any side property line. No recreation vehicle or motorhome shall be located within required front or rear yards of a residential lot.

(Ord. No. 03-319, § 1, 4-9-2003)

DIVISION 6. - ACCESSORY STRUCTURES

Except as otherwise regulated by this chapter, accessory buildings, which have been defined by this Code to exclude accessory dwelling units, shall be subject to the following regulations:

A.

Accessory buildings shall not be erected in any minimum yard requirement, except a rear yard.

B.

An accessory building, up to one (1) story or fourteen (14) feet in height may not occupy more than twentyfive (25) percent of a minimum rear yard plus forty (40) percent of the buildable area.

C.

No accessory building shall be located closer than ten (10) feet to any main building or rear lot line nor shall it be located closer than five (5) feet to any side lot line.

D.

Notwithstanding section 9606.A, in the Old Agoura Overlay District, accessory buildings may be erected in the minimum front yard, provided that they do not exceed one (1) story or fourteen (14) feet in height and not occupy more than twenty-five (25) percent of the minimum front yard plus forty (40) percent of the buildable area in combination with any other accessory buildings on the site. No accessory building shall be located closer than ten (10) feet to any main building or front property line nor shall it be located closer than five (5) feet to any side lot line.

(Ord. No. 97-279, § 1, 9-3-97; Ord. No. 434, § 16, 1-10-2018)

9606.1. - Accessory structures and equipment location and type permitted.

The following accessory structures and equipment may project into the required yard subject to the following limitations:

A.

Ground mounted pool equipment, air conditioners and built-in barbecues, provided that the equipment shall not be located closer than five (5) feet to the side property line and three (3) feet to the rear or street side property line. Ground mounted pool and air conditioning equipment must be screened by a solid wall or fence on all sides, except in cases where the equipment is located next to a dwelling, in which case the equipment must be screened on the three (3) sides not adjacent to the dwelling.

B.

Rain conductors, spouts, utility service risers, and shutoff valves may project a maximum distance of one (1) foot into any required yard.

C.

Awnings or canopies may project a maximum distance of three (3) feet into the required interior side yard and five (5) feet into the required front, rear and street side yard, provided:

1.

That such awnings or canopies are not closer than three (3) feet into any lot line;

2.

That such awnings or canopies have no vertical ground support within such yard; and

3.

That such awnings or canopies extend only over the windows or doors to be protected, and for not more than one (1) foot on either side thereof.

D.

Water heaters, water softeners and gas or electric meters, including service conduits and pipes, enclosed or in the open, may project a maximum distance of two and one-half (2½) feet into a required interior side or rear yard, provided that such structures or equipment are not closer than three (3) feet to any lot line. Gas meters, if enclosed or adequately screened from view by a structure permitted in the yard, may project a maximum distance of two and one-half (2½) feet into a required front or corner side yard, provided that such equipment is not closer than three (3) feet to any lot or highway line.

E.

Wall and window mounted air conditioners, coolers, and fans may be used in any required yard, provided that such equipment is not closer than three (3) feet to any lot line.

F.

Guard railings or fences for safety protection around depressed ramps may be placed in any yard provided such railing or fence does not exceed a height of three and one-half (3½) feet.

G.

Driveways, walkways, patio slabs and other areas constructed of concrete, asphalt or similar materials and wooden decks may be used in any required yard provided that such structures do not exceed one (1) foot above ground level. Decks over one (1) foot high shall be regulated by section 9605.6. This provision shall not exclude the use of the steps providing access between areas of different elevation on the same property.

H.

Storage sheds, including pre-fabricated units, that are used solely for the lawful and safe storage of personal property and which have less than one hundred twenty (120) square feet of projected roof area, are permissible in side or rear yards only, provided that a minimum unobstructed access of three (3) feet is provided between the shed and the property lines, have no foundation or plumbing or electrical service of any kind and do not exceed seven and one-half (7.5) feet in exterior height as measured from the ground to the top of the roof. Such sheds shall be placed behind any fence in the side yard setback area to minimize

their visibility from the sidewalk or public right-of-way. If no fence exists in the side yard setback area, then the shed shall be located so as to minimize the visibility of the shed from the public right-of-way and must be at least fifteen (15) feet behind the front of the building. A maximum of three (3) such sheds shall be allowed on any one lot.

(Ord. No. 126, § 1, 6-24-87; Ord. No. 97-279, § 1, 9-3-97)

Fences and walls may be erected and maintained in required yards subject to the following requirements:

A.

Front yards. Fences and walls within a required front yard shall not exceed a height of three and one-half (3.5) feet.

B.

Corner side yards. Fences and walls within a required corner side yard shall not exceed three and one-half (3.5) feet in height on the property line, nor exceed six (6) feet in height when located five (5) feet or more from said property line.

C.

Interior side and rear yards. Fences and walls within a required interior side or rear yard shall not exceed six (6) feet in height except where residentially zoned properties abut commercially zoned properties, in which case, fences and walls within a required side or rear yard shall not exceed eight (8) feet in height. Notwithstanding the above, on the street or highway side of a corner lot, fences and walls shall be subject to the same requirements as for a corner side yard.

D.

Retaining walls. Retaining walls not to exceed six (6) feet in height are permitted in all yards.

E.

Retaining walls topped with walls or fences.

1.

Where a retaining wall protects a cut below the natural grade and is located on a front, side or rear lot line, such retaining wall may be topped by a fence or wall not to exceed six (6) feet in height measured from the highest natural grade. Where such retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence or wall; providing, however,

that in any event an open work, non-view-obstructing fence of three (3) feet may be erected at the top of the retaining wall for safety protection. In those instances where the safety fence is utilized for corral purposes, the safety fence can be increased to a maximum four and one-half (4.5) feet in height subject to the review and approval [of] an administrative site plan review by the director of planning and community development. The director's review shall include but not be limited to, impact to surrounding properties, drainage, screening, dust control, and setbacks.

F.

Tennis court fences. Tennis court fences erected outside of any required yard setback may not exceed a height of twelve (12) feet.

G.

Fences and walls exempted. Where a fence or wall exceeding the heights specified is required by any law or regulation of the State of California, a fence or wall not exceeding such required height is permitted.

H.

Measurement of fence and wall height. The height of a fence or wall shall be measured at the highest average ground level within three (3) feet of either side of said wall or fence. In order to allow for variation in topography, the height of a required fence or wall may vary by an amount up to six (6) inches; provided, however, that in no event shall the average height of such fence or wall exceed the maximum height specified.

I.

Fences or walls. Notwithstanding the other provisions of this section, the director may permit fences or walls within any required yard on flag lots or lots fifteen thousand (15,000) square feet or larger to a height not to exceed six (6) feet. However, higher fences shall only be permitted in any required front or street side yard when it can be demonstrated that it will be sufficiently open to preserve adequate visibility of vehicles entering and leaving said property.

(Ord. No. 132, § 8, 8-26-87; Ord. No. 147, §§ 1, 2, 3-23-88; Ord. No. 224, § 2, 3-24-93)

Trees, shrubs, flowers and plants may be placed in any required yard, provided that all height restrictions applying to fences and walls shall also apply to hedges planted within yards and forming a barrier serving the same purposes as a fence or wall.

Pursuant to section 9676 et seq., the director may grant a modification to a yard or setback regulation required by this chapter where topographic features, subdivision plans or other conditions create an unnecessary hardship or unreasonable regulation or make it obviously impractical to require compliance with the yard requirements or setback line.

Any development project for which a building permit is issued shall provide the required number storage facilities to serve the development for the accessible and convenient collection of solid waste and recyclable materials. All storage facilities shall be subject to the following standards:

A.

Development project. For the purpose of this section, a "development project" shall including the following:

1.

Any new commercial building, office building, industrial building, or residential buildings consisting of five (5) or more living units.

2.

Any single or multiple alterations to an existing commercial, office, or industrial building(s) which collectively add thirty (30) percent or more to the existing floor area of the development.

B.

Design criteria. All solid waste and recyclable material storage facilities shall be of sufficient size to accommodate the required number of solid waste and recyclable materials storage containers to serve the development, as determined by the director of planning and community development. All storage facilities shall include the following design standards:

1.

Solid decorative walls which are compatible with the architecture of the development.

2.

A solid decorative self-closing metal gate which is compatible with the architecture of the development.

3.

A six (6) inch wide interior curb abutting all interior walls.

4.

Protection against adverse environmental conditions, such as rain, which might render the collected recyclable materials unmarketable. Such protection is not required for the storage facilities when the bins protect against such adverse environmental conditions.

C.

Location. All storage facilities shall be located so as to provide for the convenient deposit, collection, and loading of solid waste and recyclable materials generated by the development project, as determined by the director of planning and community development. All driveways and/or travel aisles shall provide for the unobstructed access for collection vehicles and personnel.

Developments and driveways which are adjacent to the storage facilities shall be adequately protected from any impacts such as noise, or odor through measures including, but not limited to maintaining adequate separation, fencing, and landscaping.

D.

Maintenance. All solid waste and recyclable materials containers shall remain closed and be located completely within the closed storage facility, except during periods of loading and unloading of materials.

(Ord. No. 239, § 1, 8-25-93)

DIVISION 7. - BUILDING HEIGHT

The height of a structure shall be measured vertically from the finished grade to the highest point of the coping of a flat roof, or to the top of a mansard roof, or to the average height of the highest gable of a pitch or hip roof. Towers, radio, (except ham radio antennas) and television aerials and antennas, shall not exceed ten (10) feet above the height limit prescribed by the regulations for the district in which the site is located or ten (10) feet above the roof line or thirty-five (35) feet off the ground whichever is less. Utility poles and towers shall not be subject to the height limits prescribed in any district regulations.

Preserving the view-shed shall be one of the main criteria in determining whether a one- or two-story structure is best for the site. Site specific analysis should take into account all of these characteristics: Height of pad, height of structure and its size and the setback of structure.

(Ord. No. 235, § 2, 8-4-93)

On lots or parcels which fall under the provisions of 9652 et seq., the following height restrictions shall apply in addition to the height limits for the underlying district:

A.

For properties zoned residential or open space, where the average elevation of the rear lot line is above the average elevation of the front lot line, no building or structure shall exceed a height of fifteen (15) feet above the average finished grade of the rear yard setback line.

B.

For properties zoned residential or open space, where the average elevation of the rear lot line is below the average elevation of the front lot line, no building or structure shall exceed a height of fifteen (15) feet above the average elevation of the front lot line.

C.

For properties zoned commercial or business park, the maximum allowable building height limit is thirty-five (35) feet. However, the limit may be exceeded provided all of the following are true:

1.

The building is stepped into the hillside such that for every fifteen (15) feet of vertical building height, the building is setback at least fifteen (15) feet horizontally;

2.

The overall building height does not exceed thirty (30) feet above the average natural grade below the building or, where a graded pad already exists, thirty (30) feet above the average finished grade below the building; and

3.

The number of stories of the building does not exceed three (3) stories, including the stepped up section.

(Ord. No. 99-293, § 1, 2-10-99)

DIVISION 8. - EXISTING BUILDINGS

No building or structure shall be moved from one lot or premises to another unless such building or structure shall thereupon be made to conform to all the provisions of this title relative to buildings or structures hereafter erected upon the lot or premises to which such building or structure shall have been moved.

9609—9650. - Reserved.

PART 2. - SPECIAL REGULATIONS DIVISION 1. - PURPOSE

The purpose of the special regulations chapter is to establish the criteria for development within sensitive areas and to provide standard criteria for specialized uses and accessory uses.

DIVISION 2. - HILLSIDE AND SIGNIFICANT ECOLOGICAL AREAS

Natural hillside terrain dominate the landscape of a major portion of the city. Significant ecological areas (SEA) provide a unique resource. Together they provide an atmosphere and character that residents have expressed a desire to protect. Therefore, special regulations are hereby established that will protect these two (2) resources from incompatible development and preserve the natural terrain, quality environment, and aesthetic character while encouraging creative, innovative and safe residential development.

Either a conditional use permit or an architectural review approval shall be obtained before the issuance of any building or grading permit, approval of minor land division or subdivision, importation of fill material for the purpose of altering natural terrain, or commencement of any construction or enlargement of any building or structure on any parcel that is in, or partly in, a hillside area or SEA. In addition to preserving the natural character of the hillsides and valleys within the City of Agoura Hills and ensuring the preservation of the scenic viewshed, hillside development regulations are designed to protect residents from geologic hazards, such as unstable soils and erosion, and the possible loss of life and destruction of property.

The intention and policy of the city is to:

1.

Encourage minimal grading which relates to the natural contours of the land as opposed to padding or stairstep grading;

2.

Require the retention of trees and other vegetation which stabilize hillsides, retain moisture, prevent erosion, and enhance the natural scenic beauty, and, when necessary, require additional landscaping to promote the above;

3.

Require immediate planting whenever appropriate to maintain cut-and-fill slopes;

4.

Encourage a variety of building types and design to reduce grading and disturbance of the natural character of the area; and

5.

Require the retention of natural landmarks and prominent natural features which enhance the character of a specific area.

A.

Permitted uses. Subject to the provisions of site plan review, the following shall be permitted uses in hillside and significant ecological areas:

1.

Accessory buildings and structures less than five hundred (500) square feet in gross floor area related to existing dwellings or commercial development;

2.

Other additions or modifications to existing structures provided said area does not exceed the lesser of seven hundred (700) square feet in gross floor area, or thirty (30) percent of the existing gross floor area and does not increase the number of families that can reside therein.

Except as specified in section 9652.5, prior to the issuance of any building or grading permits, approval of a minor land division or subdivision, or the commencement of any construction or enlargement of any building or structure on a lot or parcel of land which is in or partly in an area designated in the general plan and related maps as a significant ecological area or within a hillside area as defined herein, either a conditional use permit or architectural review approval shall be obtained as provided by this section. Development standards, lot size, height and setbacks may be modified by the planning commission in order to achieve the purposes of this chapter.

A.

A conditional use permit shall be required in the following cases:

1.

In hillside areas where the parcel of land contains an area of five (5) acres or greater;

2.

In hillside areas where the parcel of land contains an area of less than five (5) acres whenever the density or open space requirements of this section would prohibit the use of such parcel otherwise permitted by this chapter;

3.

In hillside areas whenever a major slope failure occurs on a developed parcel of land regardless of the size of such parcel; and

4.

In significant ecological areas regardless of the size of the parcel of land.

B.

Architectural review approval pursuant to sections of the Agoura Hills Municipal Code shall be required in hillside areas not subject to the requirement of a conditional use permit pursuant to subsection A, above.

The following definitions shall be applicable in hillside and significant ecological areas:

A.

"Concave lot" shall mean a parcel of land with a bowl-shaped depression or formation in which the midpoint elevation of the property is lower than the average elevation of the property lines that are located adjacent to a street.

B.

"Hillside area" shall mean a parcel of land, not subject to recorded development restrictions, having an average slope before grading, of greater than ten (10) percent. The average slope of a parcel of land is the relationship between the change in elevation of the land and the horizontal distance over which that change in elevation occurs and shall be computed by the application of the following formula to a contour map of the natural slope of such land:

S = IL × 100

A

*The area of any existing private or public streets shall be excluded in calculating the net area of the property proposed for development.

In determining the average slope of property, property may be divided into smaller areas based upon percentage of slope and any areas with a percentage of slope greater than thirty-five (35) percent may be excluded before the average slope formula is applied. These excluded areas shall be designated as open space and not considered as a part of the development. If this approach is utilized, the dwelling density table may be applied to each of the designated smaller areas and the sum of the smaller areas shall be the designated density for the total property. A conditional use permit shall be required for this process to allow deletion, when appropriate of slope areas greater than thirty-five (35) percent from the average slope calculation. In reviewing the conditional use permit, the overall size of the property, viability, visual value, aesthetic value, location and any other relevant factors of the proposed open space area in relation to the adjacent open space areas shall be considered.

C.

"Major slope failure" means the movement of an existing slope that results in a hazard to an existing habitable structure as determined by the building official.

D.

"Natural slope" means the natural or existing contours of the land, including the natural or existing vegetation.

E.

"Recorded development restrictions" means a grant by an instrument whereby the owner relinquishes to the public, either in perpetuity or for a term of years, the right to construct improvements upon the land except as may be expressly reserved in the instrument and which contains covenants with the city, running with the land, either in perpetuity or for a term of (1) not to construct or permit the construction of any improvements, except as such right is expressly reserved in the instrument and except for public service facilities installed for the benefit of the land subject to such covenant or public service facilities installed pursuant to an authorization by the city council or the public utilities commission; and (2) against the extraction of natural resources or other activities which may destroy the unique physical and scenic characteristics of the land including but not limited to the cutting of trees and other natural growth, except as may be required for fire prevention, elimination of diseased growth and similar protective measures. Any subsequent reservation shall not permit any action which will materially impair the open space character of the land.

(Ord. No. 189, § 1, 7-17-91; Ord. No. 11-388, § 54, 12-14-2011)

9652.13. - General design and development standards.

Subject to the limitations of the underlying district, as it relates to potential uses and except as modified by the planning commission in a manner consistent with the purposes of this section, any development of a hillside area shall be in conformity with the following design and development standards:

A.

Dwelling density. The maximum number of dwelling units permitted on a parcel of land shall be determined according to the following table:

With respect to parcels of land five (5) acres or larger in size, the dwelling units shall be clustered on the flatter portions of such parcels when appropriate.

In the event that the foregoing density limitations would prohibit the use of a parcel of land otherwise permitted by this chapter, one (1) residential dwelling unit shall be permitted on such parcel provided that:

(a)

Such parcel was lawfully created prior to the adoption of this section; and

(b)

A change in ownership of such parcel occurring after the adoption of this section has not resulted in such parcel no longer being considered part of a larger parcel of land under this chapter; and

(c)

A private septic system will not be installed for any dwelling unit located on a parcel of land consisting of less than one (1) acre in area; and

(d)

A conditional use permit authorizing such dwelling unit is granted in accordance with the requirements of this section.

B.

Development area. For properties zoned residential or open space, a minimum percentage of a parcel of land shall remain in open space. The minimum percentage shall be determined based upon the following table:

In the event that the foregoing open space limitations would prohibit the use of a parcel of land otherwise permitted by this chapter, one (1) residential dwelling unit shall be permitted on such parcel provided that:

(a)

Such parcel was lawfully created prior to the adoption of this section;

(b)

A change in ownership occurring after the adoption of this section has not resulted in such parcel no longer being considered part of a larger parcel of land under this chapter;

(c)

A private septic system will not be installed for any dwelling unit located on a parcel of land consisting of less than one (1) acre in area;

(d)

A conditional use permit authorizing such dwelling unit is granted in accordance with the requirements of this section. The terms of such conditional use permit shall specify the minimum percent of required open space on such parcel of land.

For properties zoned commercial and business park, the maximum allowable floor area ratio (ratio of square footage of building floor to square footage of lot) shall be determined based on the following table:

Pre-graded pads that existed prior to January 1, 1999 shall be exempted from the above maximum allowable floor area ratio limitations. The director of planning and community development has the discretion to exclude concave lots with an average slope greater than ten (10) percent from the above maximum floor area ratio limitations.

C.

Circulation.

1.

Streets within any project proposed in a hillside area shall be designed and constructed to accomplish the following purposes:

(a)

Minimize grading so as to compliment the natural features of the hillsides and reflect a rural rather than an urban character.

(b)

Permit safe and efficient travel for motor vehicles, bicycles and pedestrians, and to provide access for emergency vehicles.

2.

In order to accomplish the purposes of this subsection, all streets in a hillside area development shall be designed, where possible, to:

(a)

Parallel the natural contours and natural grades of the land. Streets running perpendicular to the grade of the slope shall be avoided, when feasible, to reduce grading and aid in drainage. When streets must cut across grade contours, the principle of grading shall be half cut/half fill at locations not visible to a large area. Bridges shall be provided when streets must cross drainage ways and ravines of exceptional environmental setting.

(b)

Use split level streets when access to abutting parcels of land is from other streets to avoid excess cutand-fill and minimize scarring effects of hillside development.

(c)

Provide a minimum sight distance of one hundred fifty (150) feet for all horizontal and vertical curves. The minimum centerline curve radius on residential streets shall be one hundred (100) feet. Reversed curves shall be connected with tangents as long as practicable. All major streets shall be designed to incorporate curves greater than the minimum to provide for increased traffic flow.

(d)

Have a maximum centerline grade for streets of fifteen (15) percent except at intersections and areas of transition where the gradient shall be zero to two (2) percent. Maximum grade for major streets shall be less than twelve (12) percent. Changes in grade of more than five-tenths of one (1) percent shall be connected by vertical curves conforming to standard sight distances.

(e)

Provide adequate private off-street parking to minimize the need for parking on narrow hillside streets. Parallel parking on the hillside streets may be eliminated in order to reduce road width in critical areas in which even parking spaces shall be provided in off-street bays at more suitable locations.

(f)

Provide sidewalks and walkways in accordance with a pedestrian circulation plan that is not dependent upon and identical to the plan for vehicular circulation.

(g)

Provide bicycle and equestrian trails where appropriate.

(h)

Provide hillside public streets with street lighting designed to lessen the impact on views.

(i)

Discourage the protrusion of streets on ridgelines.

D.

View preservation. View preservation shall take into consideration existing residences, views from scenic roadways, and the freeways. Such provisions as increased setbacks to minimize mass, utilizing natural earth and berms to reduce prominence in viewshed, and the retention of natural land form features shall be used. In addition, viewshed in a hillside area shall be protected by:

1.

Facing dwelling units onto open, green or view areas;

2.

Locating dwelling units in such a manner as to avoid obstructing the view from other dwelling units;

Locating structures with a minimum building setback of thirty (30) feet to the top of the slope, for properties zoned commercial or business park. Pre-graded pads which existed prior to January 1, 1999 shall be exempted from this provision.

E.

Fire protection. The following requirements shall apply in a hillside area:

1.

Clearance of brush or vegetative growth from the vicinity of structures and roadways shall be in accordance with the Fire Code and approved by the city;

2.

Roofs shall be of fire retardant material in accordance with the requirements of the Building Code. Block walls or other fire resistant walls shall be constructed between a dwelling and any adjacent areas of known fire hazard such as open space areas;

3.

All easements for firebreaks shall be dedicated in writing for this purpose and recorded with the Los Angeles County recorder;

4.

Special design restrictions shall apply in brush fire areas where narrow canyons act as chimneys, funneling hot winds up the canyons to the ridge. Stilt and cantilevered structures proposed to be constructed on canyon slopes shall be discouraged. Any single-family residential dwelling built on a ridge at the top of such a canyon shall be set back thirty (30) feet from the slope of the canyon rim.

F.

Erosion control.

1.

All manufactured slopes shall be planted or otherwise protected from the effects of storm runoff and erosion within thirty (30) days after completion of any grading. Such planting shall be designed to blend with the surrounding terrain and the character of development;

2.

The face of cut-and-fill slopes shall be prepared and maintained by the developer so as to control erosion until such time as the parcel of land is occupied. Such control measures may consist of effective planting or soil reinforcement. The protection for the slopes shall be installed as soon as practicable after the completion of any grading but in no event later than thirty (30) days thereafter;

Other erosion devices, when necessary, such as check drains, debris basins, cribbing, or other devices or methods to control erosion and provide safety, shall be installed or implemented at the direction of the building official.

G.

Drainage control.

1.

All drainage and terracing in a hillside area shall meet or exceed the requirements of existing standards and codes;

2.

Drainage devices shall be placed on graded slopes as inconspicuously as possible. In addition:

(a)

Down drains shall be placed in swales;

(b)

Sides of any drain which are visible from a public way shall be concealed as much as possible. Vegetation landscaping also shall be used, when feasible, to conceal drains and terraces;

(c)

Concrete in any drain or terrace shall be tinted to blend with the landscape;

(d)

Drain slope gradients may become steeper as the drain moves down the slope. However, all drain gradients shall be approved by the city;

(e)

All drainage facilities shall be designed to carry water to the nearest practicable drainage way approved by the city;

(f)

Erosion shall be prevented by installation of nonerosive down drains or other drain devices;

(g)

Each building pad shall have a drainage gradient of at least two (2) percent toward the street or toward an approved engineered drainage facility;

(h)

Interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area slopes toward the cut, and has a drainage path greater than forty (40) feet measured horizontally. Interceptor drains shall be paved with a minimum of three (3) inches of reinforced concrete or gunite, be at least one (1) foot in depth and at least thirty (30) inches in width. All slopes of drain terraces and interceptor drains, shall be approved by the building official;

3.

Streets and sidewalk drains shall be designed to contain and control the one-hundred-year frequency storm including debris production in accordance with the Los Angeles County flood control district design manual and to be usable during the maximum design storm. All developed properties shall drain toward the street or a storm drain;

4.

Terracing for cut-and-fill slopes shall be in conformance with the provisions of the city's grading ordinances and the following:

(a)

Terraces at least eight (8) feet wide shall be constructed on all cut-and-fill slopes that are twenty-five (25) feet or less in height, in order to control surface drainage and debris. Where only one (1) terrace is required, however, it shall be at midheight of the slope.

(b)

If higher slopes are ever permitted by whatever method, the following shall be permitted: cut or fill slopes of greater than twenty-five (25) feet and less than one hundred (100) feet in vertical height shall be constructed with a minimum of one (1) terrace of not less than twelve (12) feet in width at midheight of the slope. The spacing and width of terraces on cut or fill slopes greater than one hundred (100) feet in height shall be designed by a civil engineer.

(c)

All swales or ditches located on a terrace shall be a minimum of one (1) foot in depth and a minimum of five (5) feet in width and shall have a gradient of between four (4) percent and twelve (12) percent. Every swale and ditch shall be paved with concrete not less than three (3) inches thick reinforced with six-inch by sixinch, ten-gauge welded wire fabric or equivalent reinforcement.

(d)

A single runoff swale or ditch shall not collect runoff from a contributing area in excess of thirteen thousand five hundred (13,500) square feet without discharge into a structured downdrain system.

(e)

Subsurface drainage of cut-and-fill slopes shall be required if in the opinion of a geologist and/or soil engineer such drainage is necessary.

(f)

Subdrains shall be designed and constructed when fill is to be placed in natural drainage courses or in other areas where seepage is evident.

H.

Ridgelines. The development of primary and secondary ridgelines as specified in the city's general plan shall be discouraged. This prohibition shall include, all buildings, solid fencing or walls, paved roads, exotic landscaping, water tanks, and the like which would noticeably detract from the natural skyline.

I.

Building Design.

1.

Architectural enrichments and variations in roof massing are encouraged. Roofs shall minimize their visual impact by keeping a low profile and the roof pitch shall follow the slope of the hillside instead of being perpendicular to the hillside or opposing the hillside slope. Upper stories should not be cantilevered out in the opposite direction of the hillside slope.

2.

Avoid large expanses of a single material on walls, roofs, or paving areas. Create interesting, small scale patterns by breaking up building mass, varying building materials, and through design and placement of windows and doors.

3.

Provide architectural treatment to all sides of a structure. Elements of architectural treatment used on the front facade shall be repeated on all sides of a structure with additional emphasis on those elevations visible from adjacent properties or public rights-of-way.

4.

Building materials and color schemes shall blend with the natural landscape. Colors shall be earth tones and the specific hues shall be compatible with the surrounding natural environment.

J.

Landscaping.

1.

Native or naturalized plants, or other plant species that blend naturally with the landscape shall be used.

2.

Natural landform planting shall be used to soften the impact of development and provide erosion control. These landscape techniques shall serve to reintroduce landscape patterns that occur in nature including

concentrating trees and shrubs in concave areas while convex portions are planted mainly with ground cover.

3.

Trees and shrubs are to be arranged in informal masses and shall be placed selectively to reduce the scale of long, steep slopes.

4.

Berming shall be incorporated into the grading plans to help soften the appearance of buildings from public view.

(Ord. No. 99-293, § 2, 2-10-99; Ord. No. 11-388, § 55, 12-14-2011)

9652.14. - Contents of applications.

In addition to the normal application for a conditional use permit or architectural review, the following additional information shall be provided for such applications in hillside or SEA areas:

A.

Accurate topographic maps indicating the following:

1.

Natural topographic features with an overlay of the proposed contours of the land after completion of the proposed grading;

2.

Existing land contours with a maximum five-foot contour interval and a slope analysis showing the following slope categories:

10%—15%

16%—20%

21%—25%

26%—30%

31%—35%

36% and over;

3.

Elevations of existing topographic features and the elevations of any proposed building pads, street centerlines and property corners;

Locations and dimensions of all proposed cut-and-fill operations;

5.

Locations and details of existing and proposed drainage patterns, structures and retaining walls;

6.

Locations of disposal sites for excess or excavated material;

7.

Locations of existing trees, other significant vegetation and biological features;

8.

Locations of all significant geological features, including bluffs, ridgelines, cliffs, canyons, rock outcroppings, fault lines and waterfalls;

9.

Locations and sizes of proposed building areas and lot patterns;

10.

Any other information required by the director of community development.

B.

Site plans, architectural drawings, and colored renderings illustrating the following:

1.

Architectural characteristics of proposed buildings;

2.

Vehicular and pedestrian circulation patterns, including street widths and grades and other easements of public rights-of-way;

3.

Utility lines and other service facilities, including water, gas, electricity and sewage lines;

4.

Landscaping, irrigation and exterior lighting plans;

Locations and design of proposed fences, screens, enclosures and structures, including drainage facilities;

6.

Any other information required by the director of community development.

C.

Reports and surveys with recommendations from soil engineers and engineering geologists based upon surface and subsurface exploration stating land capabilities; including soil types, soil openings, hydrologic groups, slopes, runoff potential, percolation data, soil depth, erosion potential and natural drainage patterns.

D.

Archaeological studies in areas where existing evidence indicates that significant artifacts or historic sites are likely to be encountered in order to ensure that these artifacts and/or sites are not inadvertently destroyed.

E.

Additional information to include:

1.

Average natural slope of the land;

2.

Acreage and square footage calculations;

3.

Ratio of structures to total land area;

4.

Ratio of parking spaces to building square footage;

5.

Ratio of parking area to total land area;

6.

Ratio of open space to total land area;

7.

Description of maintenance program for proposed developments involving joint or common ownership;

Any other specific information determined by the director of community development to be relevant to the applicant's proposal.

F.

In significant ecological areas, the following additional information:

1.

Identification and location of the resources constituting the basis for classification of such area as a significant ecological area where not provided by the environmental assessment or the initial study for an environmental document;

2.

Proposed natural open areas, buffer areas, or other methods to be used to protect resource areas from the proposed use;

3.

Such other information as the director of community development determines to be necessary for adequate evaluation.

The applicant for a conditional use permit required by this section shall have the burden of proving the following facts:

A.

Hillside areas:

1.

That the proposed project is located and designed so as to protect the safety of current and future community residents, and will not create significant threats to life and/or property due to the presence of geologic, seismic, slope instability, fire, flood, mud flow, erosion hazards, or other hazards;

2.

That the proposed project is compatible with the natural, biotic, cultural, scenic and open space resources of the area;

3.

That the proposed project can be provided with essential public services and is consistent with the objectives and policies of the general plan; and

4.

That the proposed development will complement the community character and benefit current and future community residents.

B.

Significant ecological areas:

1.

That the proposed project is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate and sufficient undisturbed areas;

2.

That the proposed project is designed to maintain water bodies, watercourses, and their tributaries in a natural state;

3.

That the proposed project is designed so that wildlife movement corridors (migratory paths) are left in an undisturbed and natural state;

4.

That the proposed project retains sufficient natural vegetation cover and/or open spaces to buffer critical resource areas from such project;

5.

That where necessary, fences or walls are provided to buffer important habitat areas from development; and

6.

That roads and utilities serving the proposed project are located and designed so as not to conflict with critical resources, habitat areas or migratory paths.

A public hearing shall be held on all applications for a conditional use permit required by this section in accordance with the provisions of section 9804 et seq. Where a conditional use permit is filed and processed as a single application with a land division case, the public hearings on each matter shall be held concurrently.

In all cases where a public hearing is required, the director of community development shall prepare a report to the planning commission containing, but not limited to, the following:

A.

Review of the applicant's development proposal, including:

1.

Appraisal of measures proposed to avoid or mitigate identified natural hazards;

2.

Appraisal of measures taken to protect scenic, biotic and other resources;

3.

Recommended changes in the proposed development necessary or desirable to achieve compliance with the findings required by section 9652.15 A and B and the provisions of the general plan; and

4.

Recommended conditions to be imposed to ensure that the proposed development will be in accord with the findings required by section 9652.18 and the provisions of the general plan.

B.

In cases where the proposed development would impact significant ecological areas and where such information is not included in the environmental document, identification and location of the resources constituting the basis or classification of such area as a significant ecological area.

1.

The director, in developing such a report and recommendation, shall consult with appropriate agencies and shall compile the recommendations and comments of such agencies, including any recommendation of SEATAC.

9652.18. - Findings and decision.

The planning commission shall not approve an application for a conditional use permit required by this section unless it finds that the proposal is consistent with the general plan and further finds:

A.

In hillside areas:

1.

That the burden of proof set forth in section 9652.15.A has been met by the applicant, and

2.

That the proposed development is consistent with the general design and construction standards provided in this section;

B.

In significant ecological areas, that the burden of proof set forth in section 9652.15.B, has been met by the applicant.

Every conditional use permit required by this section shall be subject to the following conditions. All of the following conditions shall be deemed to be conditions of every such conditional use permit regardless of whether such conditions are set forth expressly in the permit. The planning commission, in granting a conditional use permit under this section, may impose additional conditions, but may not change or modify any of the following conditions except as otherwise provided herein;

A.

Hillside areas.

1.

Open space. Open space shall comprise not less than the area determined by application of the table in subsection 9652.13.B. Subject to the approval of the commission, such open space may include one (1) or more of the following:

a.

Undisturbed natural areas;

b.

Open space for passive recreation;

c.

Private yards, provided that all construction rights will be dedicated;

d.

Parks and open recreational areas;

e.

Riding, hiking and bicycle trails;

f.

Landscaped areas adjacent to streets and highways;

g.

Greenbelts;

h.

Areas graded for rounding of slopes to contour appearance; and

i.

Such other areas as the commission deems appropriate.

2.

Landscaping. A plan for landscaping common or open space areas not to be left in a natural state shall be submitted to and approved by the commission.

3.

Utilities. Satisfactory evidence shall be produced that the applicant has made arrangements with the serving utilities to install underground all new facilities necessary to furnish service in the development, including any necessary agreements to join any proposed assessment districts.

4.

Residential density. The commission shall designate the maximum number of dwelling units permitted in a residential development consistent with subsection 9652.13.A.

5.

Architectural features. Where not submitted to the commission as part of an application under this section, exterior elevation drawings indicating building heights and major architectural features shall be submitted to and approved by the planning commission prior to the issuance of any building permit.

B.

Significant ecological areas.

1.

Any necessary conditions to guarantee that the proposed project is highly compatible with the biotic resources present;

2.

The preservation in a natural state of any designated watercourse;

3.

The provisions of all necessary measures to preserve in a natural state any designated wildlife movement corridors;

4.

Adequate provisions to buffer any development from any designated unique resource and/or habitat area; and

Adequate requirements to prevent conflicts between any proposed roads or utilities and unique resources, habitat areas, or migratory paths.

(Ord. No. 11-388, § 56, 12-14-2011)

DIVISION 3. - TRANSFER OF DEVELOPMENT RIGHTS

9653 - Transfer of development regulations; purpose.

To provide a procedure whereby development credits may be transferred from open space parcels which, because of visibility, access, geology, slope or other factors, are desirable to retain as open space, to other parcels not located in a hillside area or SEA and, furthermore, to provide conditions for ownership and use of open space.

A.

Donor parcel. Parcel from which development credits are transferred.

B.

Receiver parcel. Parcel to which development credits are transferred.

C.

Development credit. A development credit is a potential entitlement to construct one (1) dwelling unit on property in the OS district, which can only be exercised when the development credit has been transferred pursuant to the provisions of this section from a donor to a receiver parcel and all other requirements of law are fulfilled.

The transfer of development credits may be authorized when the following conditions are met:

A.

Donor parcels are within the OS district;

B.

Receiver parcels are in the RS, RM, RMH or RH districts;

C.

The city council, after recommendation by the planning commission, finds the receiver parcel has sufficient area designated in the general plan to accommodate development otherwise permitted under city regulations plus the development credits to be transferred, and that such total development meets all of the applicable requirements of the city's general plan and regulations.

The transfer of development credits shall be authorized as part of a development agreement. A development agreement application shall include both the donor and receiver parcels.

A.

When development credits are transferred, all such credits for a parcel shall be transferred and they are thereafter extinguished with regard to the donor parcel.

B.

The number of development credits which may be transferred shall not exceed the number of dwelling units provided for in section 9652.13.

C.

The fee title to the donor parcel may, upon approval of the city, be retained by the owner of the donor parcel, be transferred to the receiver parcel, be transferred to a quasi-public agency or private institution or body, or be transferred to a public body. Approval by the city must be based on findings that the option is consistent with the general plan and provides for the longterm maintenance of the property as open space.

D.

The donor parcel, after development credits have been extinguished, shall be kept in a natural condition. However, the city may, pursuant to a conditional use permit, authorize the following uses if it deems they are compatible with maintaining the natural condition of the property and are consistent with the general plan:

1.

Watershed

2.

Pasture

3.

Trails

4.

Other uses of a similar nature

5.

Such accessory uses as are necessary to support those uses specified in the above subparagraphs.

E.

Parcels 1 and 4 above, from which development credits have been transferred shall be made subject to open space easements dedicated to the city or other agreements with the city, which ensure that such parcels remain as open space in perpetuity.

A.

The maximum number of allowable dwelling units that may be transferred to a receiver parcel shall not be in excess of twenty (20) percent of the density otherwise prescribed for that parcel.

B.

These provisions shall not affect the receiver parcel and shall comply with all low-moderate income housing requirements of this article.

C.

The transfer shall not unduly increase the mass, population density or intensity of use on the receiver parcel to the detriment of neighboring properties.

Before approving the transfer of development rights, the city must find that:

A.

The transfer will result in the dedication, protection, and preservation of open space;

B.

Appropriate guarantees exist and will be provided to ensure that the transfer conforms to the intent and purposes of the general plan;

C.

The transfer will not result in a detrimental effect on the area surrounding the receiver parcel.

Donor parcel, located within the OS district, is entitled "X" number of dwelling units. Receiver parcel, located within either the RS, RM, RMH or RH districts is entitled "Y" number of units. Subject to prior city approval the donor parcel can transfer its "X" number of units to the receiver parcel. Receiver parcel may be approved for its "Y" number of units, plus the "X" number of units not to exceed twenty (20) percent more than the density otherwise prescribed for the receiver.

The council may adopt those rules and procedures it considers necessary to implement these provisions to facilitate the transfer of allowable development. Such rules and procedures shall be adopted by resolution.