Division 8 — GUIDELINES FOR LANDSCAPING, PLANTING AND IRRIGATION PLANS

The purpose of these regulations is to clearly define the manner in which landscape plans shall be submitted to satisfy the landscaping requirements of the city. It is the intent of these regulations to offer the applicant as much latitude as possible in designating the project landscaping, while at the same time meeting the minimum landscape standards of the city. All applicants are encouraged to take full advantage of the wide range of landscape materials and design possibilities within the framework established by these regulations. These regulations describe the procedure for landscape plan approval, the requirements for submittal of landscape plans, the minimum landscape standards, the proper use of landscaping, and a suggested plant list of native and exotic plant materials.

Any permit issued under this article shall be conditioned to require landscaping. The procedure for processing and review of landscape plans shall be as follows:

A.

Presubmittal meeting. The presubmittal meeting is a recommended, rather than mandatory first step in securing landscape plan approval for the proposed project. The purpose of this meeting is to familiarize the applicant with the city's review process, identify the information and materials necessary to file landscape plans, and discuss various planting materials.

B.

Plan submittal. Upon payment of the required fee, the applicant may formally submit its landscape plan to the city for approval.

C.

Plan review. Upon receipt of the landscape plans, in conformity with section 9658.2, the planning department shall review the plans for completeness and forward the plans, if complete, to the city's landscape consultant for review. The consultant's review shall consist of an on-site inspection and determination as to the compatibility of selected plant materials, the adequacy of irrigation, and the consistency with standards. Upon completion of such review, the consultant shall submit the plans to the planning department with his/her findings and recommendations.

D.

Approval. Based upon the finding and recommendations of the city's landscape consultant, the planning director may approve or require modification of the project's landscape plans.

E.

Guarantee/surety. If the landscaping will not be installed prior to occupancy (nonsloped areas of residential projects only), the planning director may, at his/her discretion, allow the applicant to post with the planning department adequate surety, as determined by the planning director, to ensure the completion of the required landscaping. Such surety shall be submitted to the city prior to issuance of building occupancy.

F.

Installation and inspection. Landscape plantings and accompanying irrigation for commercial, industrial and sloped areas shall be installed prior to issuance of a certificate of occupancy by the department of building and safety. Landscaping and irrigation for residential projects (nonsloped area only) shall be installed within the time frame established by the conditions of the permit or approved landscape plans.

The applicant's landscape architect shall be required to certify in writing to the planning director that all work has been completed in accordance with the approved plans and specifications. The city's landscape consultant shall conduct the final inspection after receipt of this certification.

G.

Exoneration of surety. If, upon final landscape inspection, it is determined that the landscaping and irrigation have been installed in accordance with the approved plans, the planning department shall return after a one-year maintenance period the surety deposited with the city to the applicant.

(Ord. No. 15-420, § 2, 11-10-2015)

The project's landscape plans shall be prepared by a California registered landscape architect, unless such requirement is waived by the director. In order to be able to evaluate the project's landscape plans in a comprehensive and complete manner, submittals shall include the following:

A.

Plan check fee. The applicant shall pay a fee to cover landscape review and inspection.

B.

Planting plan. The planting plan shall be drawn on clear and legible base sheets prepared specifically for the landscape submittal. Three (3) copies shall be submitted at the time of filing, which satisfy the following requirements:

1.

Size. Plans shall not exceed thirty (30) inches by forty-two (42) inches, or be less than twenty-two (22) inches by thirty-six (36) inches in size.

2.

Scale. The scale shall not be smaller than one (1) inch equals twenty (20) feet, unless otherwise approved by the director for large areas not requiring detail. In no case shall the scale be less than one (1) inch equals thirty (30) feet.

3.

Title block. All plans shall indicate the names, addresses and phone numbers of the applicant and landscape architect. Also, the project identification number shall be specified.

4.

Physical characteristics. The landscape plans accurately and clearly depict the following existing (to be retained) and proposed features:

Landscape materials, trees, shrubs, ground cover and any other landscaping;

Property lines;

Streets, street rights-of-way, access easements and/or public or private driveways, walkways, bike paths, and any other paved areas;

Buildings and structures;

Parking areas, including lighting, striping and wheel stops;

General contour lines;

Grading areas, including top and toe of slopes and slope direction;

Utilities, including street lighting and fire hydrants (if available);

Natural features, including watercourses and rock outcroppings; planting plans may include design elements such as boulders, mounds, signs and sculptures. All items shall be indicated as to the size (at maturity in the case of plant materials) in scale with the proposed project.

Planting symbols shall be clearly drawn and plants labeled or abbreviated (three-letter minimum) on each sheet by botanic name. Numeric or graphic definition alone is not acceptable. Container size and/or spacing and quantities shall be clearly indicated for each group of plants. Sizes of plants at planting time shall be adequate to meet specific conditions of project approval.

C.

Irrigation plan. Irrigation plans shall be drawn in a legible manner, separate from, but utilizing the same format as, the planting plan. Plans shall be concise and accurate, including, but not limited to:

1.

Design pressure, as well as static pressure.

Point of connection (location and size).

3.

Backflow protection, as approved by the department of building and safety.

4.

Valves, piping, controllers, heads, quick couplers, and gallonage requirements for each valve on the plan, shall be shown.

The legend shall include equipment manufacturer, type of equipment, model number, gallons per minute (gpm) demand, pounds per square inch (psi) demand, radius/diameter of coverage, remarks or special notes and a reference to the corresponding detail number. All equipment shall be designed for installation per manufacturer's recommendation, the latest version of the California Green Building Code, the California Plumbing Code, and all local regulations.

Specific site conditions and proposed landscape materials will determine the design of the irrigation system. Irrigation systems shall comply with the latest version of the State Model Water Efficient Landscape Ordinance. Further, when considering design alternatives, the following criteria shall be utilized:

1.

Sprinklers shall not overspray water off of the property onto public areas or into nonplanted areas.

2.

Plastic (PVC) mainline piping requires placement not less than eighteen (18) inches below final grade, with lateral lines requiring twelve (12) inches. Galvanized lines on slope area may not be above ground.

3.

Utilization of reclaimed water as an alternative.

D.

Written specifications/applicable details. Three (3) copies of the details and specifications shall be provided for all aspects of the landscape project, including planting, soil preparation, tree staking and guying, separation of different types of planting areas, installation details, and post installation maintenance.

E.

Site plan. One (1) copy of the city-approved site plan for the proposed project shall be provided in order for the city landscape consultant (board) to have a clear and accurate portrayal of the project and project site.

F.

Architectural elevations. One (1) copy of the proposed project's elevations shall be submitted in order to review compatibility of proposed plant materials with architectural design elements.

G.

Grading plan. One (1) copy of the approved grading plan shall be provided in order to review height of graded slopes, pad elevations, and finish grade.

H.

Photographs. One (1) colored photograph of proposed major landscaping elements, particularly the trees.

I.

Conditions of approval. One (1) copy of the approved project conditions, with the signature of the applicant's landscape architect thereon, shall be submitted with the landscape plans so that the applicant's landscape architect is ensured of having seen the conditions and so that the city's landscape consultant (board) can review the proposed landscape plans for consistency with the specific conditions.

(Ord. No. 15-417, § 2, 8-12-2015; Ord. No. 15-420, § 3, 11-10-2015)

Proposed plant materials shall relate to architectural design elements of the structures on the site and shall be compatible with the character of adjacent landscaping, provided the quality of the adjacent landscaping meets the standards set forth in this section. The following landscape standards for permanent landscaping are minimum requirements.

A.

Minimum site coverage. Landscape percentages shall be computed on the basis of the net project site area which includes the area of all structures, drives, walks, and parking on the site, but not areas dedicated for public right-of-way. The required percentages of landscaping relative to site area are set forth in the provisions relating to each land use district.

B.

Minimum planter width. Landscaped areas shall be a minimum of four (4) feet wide (including curbs).

C.

Perimeter planting. The area within required setbacks of commercial or business projects, not used for other permitted purposes, shall be landscaped.

D.

Parking areas. The landscape requirements for parking lots are set forth in the provisions relating to offstreet parking.

E.

Screening. Landscaping should be used to screen storage areas, trash enclosures, parking areas, public utilities, and other similar land uses or elements which do not contribute to the aesthetic enhancement of

the surrounding areas. Landscape screening shall be of a height and density so that it provides the desired effect within five (5) years growing time.

F.

Street trees. Street trees may be required as a condition of any permit granted or issued under this article. No street tree will be approved for planting where its growth will cause interference, obstruction, damage, or injury (either directly or indirectly) to the use of a sidewalk or street right-of-way. Street trees shall be planted according to the following standards:

1.

Trees shall not be planted within thirty (30) feet of the curb return of a street intersection.

2.

Trees shall not be planted closer than four (4) feet from any public walkway or public sidewalk, except where tree wells or parkways are provided in the sidewalk area.

3.

Trees shall not be located closer than ten (10) feet from any driveway, utility pole, fire plug or to the rear of any street or directional sign; fifteen (15) feet from light standards, and twenty-five (25) feet from the front of any traffic or directional sign.

4.

Trees shall be spaced an average of forty (40) feet apart, but not less than one (1) per lot and two (2) per corner lots.

5.

Trees that typically grow taller than twenty (20) feet in height shall not be encouraged under utility wires.

The scope of a project will ultimately determine landscape plant selection. In order for landscaping to relate to architectural design, the following criteria shall apply:

A.

Evergreen trees are encouraged against buildings to soften the appearance of bland expanses of walls, and to visually screen neighboring projects and subdivided exterior spaces.

B.

Deciduous trees are effectively used for solar control in summer and winter. Some such trees are flowering and are desirable as accents.

C.

Large shrubs are effectively used to screen undesirable views and act as an intermediate height element to bring buildings into human scale.

D.

Medium/low shrubs are ornamental and provide foliage, texture and color to landscape themes.

E.

Vines and espalier are effective screens in visually softening walls and fences. Many vines provide excellent flower color to brighten narrow planters against buildings and walls.

F.

Applicable native plant materials and drought tolerant species are encouraged for water conservation.

Irrigated and nonirrigated ground covers shall be as follows:

A.

Irrigated ground cover. Low growing spreading shrubs that are drought tolerant are the preferred choice of ground cover planting.

B.

Nonirrigated ground cover. In certain situations, temporary plantings may be required where irrigation is not economically feasible nor desirable. Nonirrigated hydromulch seeds are acceptable for natural or undisturbed slopes. Hydromulch seeds should be applied following the first measurable rainfall in the fall of the year or a temporary irrigation method shall be provided to ensure germination and minimum growth. If the natural rainfall fails to provide adequate moisture for germination, supplemental irrigation may be required.

(Ord. No. 15-420, § 4, 11-10-2015)

The city adopts by reference the California State Model Water Efficient Landscaping Ordinance, and any amendments thereto, as the law of the city. One (1) copy of the California State Model Water Efficient Landscaping Ordinance is filed in the office of the planning department, and the ordinance is adopted by reference as if incorporated and set out in this chapter. The requirements of this chapter shall apply in addition to the applicable requirements of the California Model Water Efficient Landscaping Ordinance.

Landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of the California State Model Water Efficient Landscape Ordinance to achieve water efficient landscaping. In the event of a conflict between the California State Model Efficient Landscape Ordinance and another provision of this division, the provision that contains the more stringent water efficiency requirement(s), as determined by the planning director, shall control.

For those sites where the installation of reclaimed water systems is feasible and meets all regulatory requirements, recycled water irrigation systems (dual distribution systems) shall be installed to allow for the current and future use of reclaimed water and shall be designed and operated in accordance with local and state codes.

All public and private properties shall prevent water waste resulting from inefficient landscape irrigation by minimizing runoff, low head drainage, overspray or other similar conditions where irrigation water flows or drifts onto adjacent property, nonirrigated areas, walks, roadways or structures.

(Ord. No. 220, § 1, 4-14-93; Ord. No. 15-420, § 5, 11-10-2015)

DIVISION 9. - EXTERIOR AESTHETIC IMPROVEMENTS

No certificate of occupancy shall be issued for any building with a floor area greater than or equal to thirty thousand (30,000) square feet, for the alteration or repair of fifty (50) percent or more of the floor area of such building, or for any building that is part of the development of a subdivision of forty (40) or more lots unless exterior aesthetic improvements have been installed and conform to an arts plan that has been approved by the director of planning and community development.

If the exterior aesthetic improvements required by this section are not maintained in good condition, or are altered without the permission of the director of planning and community development so that the improvements no longer conform to the arts plan approved by the director, the certificate of occupancy for the building served by the improvement, or the certificate of occupancy for any building in the subdivision served by the improvement may be revoked and the owner of the property on which the improvement is located shall be deemed to have committed a misdemeanor.

(Ord. No. 157, § 1, 8-8-89)

9659.1. - Exceptions.

The following development activities shall be exempt from the requirements of section 9659 and section 9659.2:

(a)

Construction, repair, or alteration of buildings to carry out publicly assisted rehabilitation of private property.

(b)

Construction, repair, or alteration of low or moderate income multi-unit housing projects.

(c)

Construction, repair, or alteration of improvements that are not buildings.

(Ord. No. 157, § 1, 8-8-89)

9659.2. - Arts plan required.

No building permit shall be issued for any building with a floor area greater than or equal to thirty thousand (30,000) square feet, for alteration or repair of fifty (50) percent or more of the floor area of such a building, or for any building that is part of the development of a subdivision of forty (40) lots or more, unless the director of planning and community development has approved an arts plan for the building or subdivision which meets the requirements set forth by resolution of the city council.

(Ord. No. 157, § 1, 8-8-89)

The city council shall establish, by resolution, the procedure for city review of an arts plan. The city council shall also establish, by resolution, the requirements and guidelines for exterior aesthetic improvements required by section 9659.

(Ord. No. 157, § 1, 8-8-89)

DIVISION 10. - MARIJUANA[[18]]

Footnotes:

--- ( 18 ) ---

Editor's note— Ord. No. 17-429, § 3, adopted August 23, 2017, amended division 10 in its entirety to read as herein set out. Former division 10, § 9660, pertained to medical marijuana dispensaries prohibited, and derived from Ord. of 08-355, § 1, 9-10-2008; Ord. No. 16-423, § 2, 4-27-2016.

A.

The city council finds that federal law prohibits the possession, manufacture, distribution, and dispensing of marijuana, and in order to serve the public health, safety, and welfare of the residents and businesses within the city, the declared purpose of this division is to prohibit all commercial marijuana activity, both medical and non-medical, within the city, as provided in this section.

B.

California Business and Professions Code section 26055(d) provides that a State licensing authority shall not approve an application for a State license for a marijuana business if approval of the State license will violate the provisions of any local ordinance or regulation. California Business and Professions Code section 26200 authorizes a city to adopt and enforce local ordinances that completely prohibit the establishment or operation of one or more marijuana businesses licensed under the State, within that city.

C.

The city council finds that a prohibition on all commercial marijuana activity, for medical, non-medical, or any other purpose, is necessary for the preservation and protection of the public health, safety, and welfare for the city and its community. The city council's prohibition of such activity is within the authority conferred

upon the city council by State law and is an exercise of its police powers to enact and enforce regulations for the public benefit, safety, and welfare of the city and its community.

(Ord. No. 17-429, § 4, 8-23-2017)

For purposes of this division, the following definitions shall apply.

A.

"Commercial marijuana activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, packaging, transportation, delivery or sale of marijuana and marijuana products, and includes the activities of any business licensed by the State or other government entity under Division 10 of the California Business and Professions Code, or any other provision of State law that regulates the licensing of marijuana businesses.

B.

"Concentrated cannabis" means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

C.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

D.

"Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned and controlled by the retailer.

E.

"Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

F.

"Fully enclosed and secure structure" means a space within a building, greenhouse, or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors.

G.

"Indoors" means within a fully enclosed and secure structure.

H.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product.

I.

"Marijuana" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. "Marijuana" includes marijuana that is used for medical, nonmedical, or other purposes.

"Marijuana" does not include the mature stalk of the plant, fiber produced from the stalks, oil or cake made from seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Marijuana" also does not include industrial hemp, as defined in California Health and Safety Code section 11018.5, as the same may be amended from time to time.

J.

"Marijuana accessories" means any equipment, products or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, smoking, vaporizing, or containing marijuana, or for ingesting, inhaling, or otherwise introducing marijuana or marijuana products into the human body.

K.

"Marijuana product" means marijuana that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not, limited to concentrated cannabis, or an edible or topical product containing marijuana or concentrated cannabis and other ingredients.

L.

"MAUCRSA" means the Medical and Adult-Use Cannabis Regulation and Safety Act, as codified in Division 10 of the California Business and Professions Code, as the same may be amended from time to time.

M.

"Outdoors" means any location that is not within a fully enclosed and secure structure.

N.

"Person" means any individual, firm, co-partnership, joint venture, association, corporation, limited liability company, collective, cooperative, club, society, organization, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular.

O.

"Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling, that is lawfully used as a residence.

(Ord. No. 17-429, § 4, 8-23-2017)

A.

Commercial marijuana activity, whether or not for profit, is not a permitted use anywhere in the city. The city shall not approve any application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial marijuana activity. This section shall prohibit all activities for which a State license is required pursuant to the MAUCRSA, as the same may be amended from time to time.

B.

It shall be unlawful for any person to own, manage, establish, conduct, or operate, or to participate as a landlord, owner, employee, contractor, agent or volunteer, or in any other manner or capacity, in any commercial marijuana activity in the city.

C.

To the extent not already prohibited by subsection A above, all Deliveries of marijuana or marijuana products to or from any location in the city are expressly prohibited. No person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting marijuana through the jurisdictional limits of the city for delivery or distribution to a person located outside the city, where such transport does not involve delivery or distribution within the jurisdictional limits of the city.

D.

All outdoor marijuana cultivation is prohibited in the city. Indoor marijuana cultivation is prohibited except as specified in section 9660.3(A)(5).

(Ord. No. 17-429, § 4, 8-23-2017)

A.

To the extent that the following activities are permitted by State law, nothing in this division shall prohibit a person 21 years of age or older from:

1.

Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of

concentrated cannabis;

2.

Possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, up to eight grams of marijuana in the form of concentrated cannabis;

3.

Smoking or ingesting marijuana or marijuana products in a manner consistent with California Health and Safety Code section 11362.3, as the same may be amended from time to time;

4.

Possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever; or

5.

Engaging in the indoor cultivation of six (6) or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by California Health and Safety Code sections 11362.1 and 11362.2, as the same may be amended from time to time.

B.

This division shall also not prohibit any commercial marijuana actvity that the city is required by State law to permit within its jurisdiction pursuant to the MAUCRSA.

(Ord. No. 17-429, § 4, 8-23-2017)

Violations of this section are subject to the general penalty provisions set forth in section 1200. In any civil action brought pursuant to this division, a court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party. Notwithstanding the penalties set forth in section 1200 of the Agoura Hills Municipal Code, this division does not authorize a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or Section 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under section 1200 of the Agoura Hills Municipal Code and any penalties set forth in state law, the maximum penalties allowable under state law shall govern.

(Ord. No. 17-429, § 4, 8-23-2017)

DIVISION 11. - WIRELESS TELECOMMUNICATIONS FACILITIES

9661. • Purpose.

The purpose and intent of this division is to provide a uniform and comprehensive set of regulations and standards for the permitting, development, siting, installation, design, operation and maintenance of wireless telecommunications facilities in the city. These regulations are intended to prescribe clear and reasonable criteria to assess and process applications in a consistent and expeditious manner, while reducing the impacts associated with wireless telecommunications facilities. This division provides standards necessary (1) for the preservation of land uses and the public right-of-way in the city, (2) to promote and protect public health and safety, community welfare, visual resources and the aesthetic quality of the city consistent with the goals, objectives and policies of the general plan, (3) to provide for the orderly, managed and efficient development of wireless telecommunications facilities in accordance with the state and federal laws, rules and regulations, and (4) to encourage new and more efficient technology in the provision of wireless telecommunications facilities.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.1. - Definitions.

[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Accessory equipment means any equipment associated with the installation of a wireless telecommunications facility, including, but not limited to cabling, generators, air conditioning units, electrical panels, equipment shelters, equipment cabinets, equipment buildings, pedestals, meters, vaults, splice boxes, and surface location markers.

Antenna means that part of a wireless telecommunications facility designed to radiate or receive radio frequency signals.

Building-mounted means mounted to the side of a building, to the façade of a building, or similar structure, but not to include the roof of any structure.

Cellular means an analog or digital wireless telecommunications technology that is based on a system of interconnected neighboring cell sites.

Collocation means the addition of wireless telecommunications facilities to an existing wireless telecommunications facility so that one (1) site is shared amongst the same or different carrier.

C.O.W. means a "cell on wheels," which is a wireless telecommunications facility temporarily rolled in or temporarily installed.

Facility(ies) means both wireless telecommunications facilities and wireless telecommunications collocation facilities, unless the context specifically limits it to one or the other.

Ground-mounted means mounted to a telecommunications tower.

Modification means a change to an existing wireless telecommunications facility that involves any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation, including, but not limited to, changes in size, shape, color, visual design, or exterior material. "Modification" does not include repair, replacement or maintenance if those actions do not involve a change to the

existing facility involving any of the following: collocation, expansion, alteration, enlargement, intensification, reduction, or augmentation.

Monopole means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm and similar monopoles camouflaged to resemble faux trees or other faux objects attached on a monopole.

Mounted means attached or supported.

Pole means a single shaft of wood, steel, concrete or other material capable of supporting the equipment mounted thereon in a safe and adequate manner and as required by provisions of this Code.

Public right-of-way means any public street or public way now laid out or dedicated, and the space on, above or below it, and all extensions thereof, and additions thereto, under the jurisdiction of the city.

Reviewing authority means the director or the planning commission, as applicable, who has the authority to review and either grant or deny a permit required by this division prior to installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility.

Roof-mounted means mounted directly on the roof of any building or structure.

Telecommunications tower means a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure designed and primarily used to support wireless telecommunications facility antennas.

Utility pole means any pole or tower owned by any utility company that is primarily used to support wires or cables necessary to the provision of electrical or other utility services regulated by the California Public Utilities Commission.

Wireless telecommunications collocation facility means a wireless telecommunications facility specifically designed for subsequent collocation as a permitted use as set forth in section 9661.10.

Wireless telecommunications facility means any facility that transmits and/or receives electromagnetic waves. It includes, but is not limited to, antennas and/or other types of equipment for the transmission or receipt of such signals, telecommunications towers or similar structures supporting such equipment, related accessory equipment, equipment buildings, parking areas, and other accessory development.

Exceptions: The term "wireless telecommunications facility" does not apply to the following:

(a)

A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, of the Commission's Rules, or its successor regulation.

(b)

Any antenna facility that is subject to the FCC Over-the-Air-Receiving Devices Rule, 47 C.F.R. Section 1.4000, or its successor regulation, including, but not limited to, direct-to-home satellite dishes that are less

than one (1) meter (39.37") in diameter, TV antennas used to receive television broadcast signals and wireless cable antennas.

(c)

Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio, and other similar portable devices as determined by the director.

(d)

Government owned and operated telecommunications facilities.

(e)

Emergency medical care provider-owned and operated telecommunications facilities.

(f)

Mobile services providing public information coverage of news events of a temporary nature.

(g)

Any wireless telecommunications facilities exempted from this Code by federal law or state law.

Wireless telecommunications services means the provision of services using a wireless telecommunications facility or a wireless telecommunications collocation facility, and shall include, but not limited to, the following services: personal wireless services as defined in the federal Telecommunications Act of 1996 at 47 U.S.C. § 332(c)(7)(C) or its successor statute, cellular service, personal communication service, and/or data radio telecommunications.

(Ord. No. 11-387, § 7, 8-24-2011)

This division applies to all wireless telecommunications facilities and wireless telecommunications collocation facilities, as follows:

A.

All facilities for which applications were not approved prior to September 23, 2011, shall be subject to and comply with all provisions of this division.

B.

All facilities for which applications were approved by the city prior to September 23, 2011, shall not be required to obtain a new or amended permit until such time as a provision of this Code so requires. Any wireless telecommunication facility or wireless telecommunications collocation facility that was lawfully constructed prior to September 23, 2011, that does not comply with the standards, regulations and/or

requirements of this division, shall be deemed a nonconforming use and shall also be subject to the provisions of section 9711.

C.

All facilities, notwithstanding the date approved, shall be subject immediately to the provisions of this division governing the operation and maintenance (section 9661.12), radio frequency emissions monitoring (section 9661.13), cessation of use and abandonment (section 9661.16), removal and restoration (section 9661.17) of wireless telecommunications facilities and wireless telecommunications collocation facilities and the prohibition of dangerous conditions or obstructions by such facilities (section 9661.14); provided, however, that in the event a condition of approval conflicts with a provision of this division, the condition of approval shall control until the permit is amended or revoked.

D.

Notwithstanding B. above, no modification shall be made to any facility that was approved prior to September 23, 2011, unless the permits required by this division have been obtained from the city.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.3. - Wireless telecommunications facility permit requirements.

A.

Permit required. No wireless telecommunications facility or wireless telecommunications collocation facility shall be located within the city on any property, including the public right-of-way, unless the permits required by this division have been obtained from the city. No modification to a wireless telecommunications facility or wireless telecommunications collocation facility shall be made unless the permits required by this division have been obtained from the city.

B.

Type of permit required. Either a minor conditional use permit or a conditional use permit is required, depending upon location and type of facility proposed, as set forth in sections 9661.5, 9661.6, and 9661.10. If a facility has been permitted pursuant to a minor conditional use permit or a conditional use permit, any modification to the facility shall require either an amended permit, or if the type of permit required has changed, a new permit of the type set forth in this division.

C.

A wireless telecommunications facility, wireless telecommunications collocation facility, and/or a telecommunications tower or other wireless telecommunications support structure, which is built on speculation and for which there is no wireless tenant is prohibited within the city.

(Ord. No. 11-387, § 7, 8-24-2011)

A.

Purpose. This section sets forth the application submittal requirements for all permits required by this division. The purpose of this section is, in part, to ensure that this division is implemented to the full extent permitted by the Telecommunications Act of 1996.

B.

Supplemental application. In addition to the information required of an applicant for a minor conditional use permit or conditional use permit, each applicant requesting approval of the installation or modification of a wireless telecommunications facility or a wireless telecommunications collocation facility, regardless of location, shall fully and completely submit to the city a written supplemental application on a form prepared by the director.

C.

Supplemental application contents. The supplemental application form shall request the following information, in addition to all other information determined necessary by the director:

1.

The name, address and telephone number of the owner and the operator of the proposed facility, if different from the applicant.

2.

The type of facility.

3.

If the applicant is an agent, a letter of authorization from the owner of the facility. If the owner will not directly provide wireless telecommunications services, a letter of authorization from the person or entity that will provide those services.

4.

If the facility will be located on the property of someone other than the owner of the facility, written authorization by any and all property owners authorizing the placement of the facility on the property owner's property.

5.

A full written description of the proposed facility, its purpose, and specifications, including the height and diameter of the facility, together with evidence that demonstrates that the proposed facility has been designed to the minimum height and diameter required from a technological standpoint for the proposed site.

6.

A detailed engineering plan of the proposed facility created by a qualified licensed engineer and in accordance with requirements set by the director, including a photograph and model name and number of each piece of equipment included.

7.

A site plan containing the exact proposed location of the facility.

8.

If the applicant requests an exception to the requirements of this division, the applicant shall provide all information and studies necessary for the city to evaluate that request.

9.

An accurate visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette and proposed screening for the facility, including scaled photo simulations.

10.

Completion of the radio frequency (RF) emissions exposure guidelines checklist contained in Appendix A to the Federal Communications Commission's (FCC) "Local Government Official's Guide to Transmitting Antenna RF Emission Safety" to determine whether the facility will be "categorically excluded" as that term is used by the FCC.

11.

For a facility that is not categorically excluded, the applicant shall also provide a technically detailed report certified by a qualified radio frequency engineer indicating the amount of radio frequency emissions expected from the proposed facility and associated accessory equipment, as well as the cumulative impacts of the other existing facilities at the site to the extent permitted by federal law, including co-located facilities, and stating that emissions from the proposed facility individually and combined with the cumulative emissions of on-site facilities will not exceed standards set by the Federal Communications Commission.

12.

Documentation certifying that the applicant has obtained all applicable licenses or other approvals required by the Federal Communications Commission to provide the services proposed in connection with the application.

13.

A noise study prepared by a qualified acoustic engineer documenting the level of noise to be emitted by the proposed facility and its potential effects on surrounding uses.

14.

A conceptual landscape plan showing existing trees and vegetation and all proposed landscaping, concealment, screening and proposed irrigation with a discussion of how the chosen material at maturity will screen the site.

A description of the maintenance and monitoring program for the facility.

16.

A written description identifying the geographic service area for the subject installation, accompanied by a master plan, including maps, that identifies the location of the proposed facility in relation to all existing and planned facilities maintained within the city by each of the applicant, operator, and owner, if different entities. The master plan shall reflect all locations anticipated for new construction and/or modifications to existing facilities, including collocation, within two (2) years of submittal of the application. Longer range conceptual plans for a period of five (5) years shall also be provided, if available.

17.

A written statement of the applicant's willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and aesthetically desirable.

18.

If the application is for a facility that will be located within the public right-of-way, the applicant shall certify that it is a telephone corporation or state the basis for its claimed right to enter the right-of-way. If the applicant has a certificate of public convenience and necessity (CPCN) issued by the California Public Utilities Commission, it shall provide a copy of its CPCN.

19.

An application fee, a deposit for a consultant's review as set forth in paragraph D. of this section, and a deposit for review by the city's attorney, in an amount set by resolution by the city council.

20.

Any other information and/or studies determined necessary by the director may be required.

D.

Independent expert. The director is authorized to retain on behalf of the city an independent, qualified consultant to review any application for a permit for a wireless telecommunications facility or wireless telecommunications collocation facility. The review is intended to be a review of technical aspects of the proposed wireless telecommunications facility or wireless telecommunications collocation facility and shall address any or all of the following:

1.

Compliance with applicable radio frequency emission standards;

2.

Whether any requested exception is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

The accuracy and completeness of submissions;

4.

Technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

5.

The applicability of analysis techniques and methodologies;

6.

The validity of conclusions reached or claims made by applicant;

7.

The viability of alternative sites and alternative designs; and

8.

Any other specific technical issues designated by the city.

The cost of this review shall be paid by the applicant through a deposit pursuant to an adopted fee schedule resolution.

E.

Story poles. At the discretion of the director, the applicant may be required to erect temporary story poles to demonstrate the height and mass of a potential facility.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.5. - Requirements for facilities not within the public right-of-way.

The provisions of this section shall apply to wireless telecommunications facilities and wireless telecommunications collocation facilities that are located outside the public right-of-way.

A.

Permit required.

1.

BP-M district.

a.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be buildingmounted or roof-mounted in the BP-M district, or mounted to an existing telecommunications tower in the

BP-M district, except for those locations listed in section 9661.20, shall require a minor conditional use permit.

b.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be mounted to a new telecommunications tower in the BP-M district, except for those locations listed in section 9661.20, shall require a conditional use permit.

2.

BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts.

a.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility in the BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts, except for those locations listed in section 9661.20, shall require a conditional use permit.

3.

All other districts, areas and locations.

a.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be located in a location listed in section 9661.20A., shall require a conditional use permit and approval of an exception.

B.

Design and development standards. All wireless telecommunications facilities and wireless telecommunications collocation facilities that are located outside the public right-of-way shall be designed and maintained so as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:

1.

General guidelines.

a.

The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities and wireless telecommunication collocation facilities in order to ensure that the facility is as visually inconspicuous as possible, to prevent the facility from dominating the surrounding area, and to hide the facility from predominant views from surrounding properties, all in a manner that achieves compatibility with the community.

b.

Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

2.

Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

3.

Blending methods.

a.

All facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.

b.

Site location and development shall preserve the pre-existing character of the site as much as possible, and facilities shall be designed and located where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening to minimize the visual impact and be compatible with existing architectural elements, building materials and other site characteristics.

c.

Existing vegetation shall be preserved or improved, and disturbance of the existing topography of the site shall be minimized, unless such disturbance would result in less visual impact of the site on the surrounding area.

4.

Antennas. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush-mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

5.

Building-mounted and roof-mounted facilities. Building-mounted and roof-mounted facilities shall be designed and constructed to be camouflaged, concealed or screened in a manner compatible with the existing architecture of the building the wireless telecommunications facility or the wireless telecommunications collocation facility is mounted to in color, texture and type of material.

a.

Each building-mounted facility shall be incorporated into the design elements of the building architecture.

i.

The width and height of the facility shall be the minimum functionally necessary.

ii.

Each facility shall not exceed more than eighteen (18) inches out from the building façade or other support structure, and no cable or antenna mounting brackets or any other associated equipment or wires shall be visible above, below, or to the side of the facility.

iii.

The reviewing authority may consider a projection of more than eighteen (18) inches if the projection is architecturally integrated with the design of the building or structure or if it is otherwise designed to minimize its visibility.

iv.

Any building-mounted facility that is within one hundred (100) feet of a residential district shall be located on the building or structure as far from the nearest residential use as is feasible.

b.

Each roof-mounted facility shall be located and designed in an area of the roof where the visual impact is minimized and shall be no taller than necessary to meet the operator's service requirements.

i.

In no case shall roof-mounted equipment on a flat roof exceed the top of the parapet or the top of the mansard measured from the roofline, and on a slope roof shall not extend above the top of roofline.

ii.

Each roof-mounted facility shall also be screened from above if visible from higher elevations.

iii.

Any roof-mounted facility that is within one hundred (100) feet of a residential district shall be located on the roof of the building or structure as far from the nearest residential use as is feasible.

6.

Ground-mounted facilities.

a.

Each ground-mounted facility shall be located in close proximity to existing above-ground utilities, such as electrical tower or utility poles (which are not scheduled for removal or under grounding for at least

eighteen (18) months after the date of application), light poles, trees of comparable heights, and in areas where they will not detract from the appearance of the city.

b.

Each ground-mounted facility shall be designed to be the minimum functional height and width required to adequately support the proposed facility and meet Federal Communications Commission requirements, and shall be no higher than the existing poles, structures or trees near the placement of the proposed ground-mounted facility location, unless facilities are being added to an existing ground-mounted facility, pole or similar structure and are adequately camouflaged, concealed or screened in accordance with the standards in this division. Even if existing poles, structures or trees are higher, no new ground-mounted facility shall exceed sixty (60) feet. If facilities are being added to an existing ground-mounted facility, pole or similar structure, including a pole or similar structure that serves another purpose (e.g., a light pole), the resulting ground-mounted facility may exceed sixty (60) feet, but the maximum height of any antenna shall not exceed six (6) feet above the existing height of the pole or similar structure.

c.

All installations shall be properly engineered to withstand high wind loads; an evaluation of high wind load capacity shall include the impact of modification of an existing facility.

d.

All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the telecommunications tower and/or shall be fully camouflaged or hidden.

e.

Each ground-mounted installation shall be situated so as to utilize existing natural or manmade features including topography, vegetation, buildings, or other structures to provide the greatest amount of visual screening.

f.

Monopoles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility. The applicant shall provide documentation satisfactory to the director establishing compliance with this subsection.

g.

If a faux tree is proposed for the monopole installation, it shall be of a type of tree compatible with those existing in the immediate areas of the installation. If no trees exist within the immediate areas, the applicant shall create a landscape setting that integrates the faux tree with added species of a similar height and type. Additional camouflage of the faux tree may be required depending on the type and design of faux tree proposed.

Accessory equipment. All accessory equipment associated with the operation of any wireless telecommunications facility or wireless telecommunications collocation facility shall be located and screened in a manner that is designed to minimize its visibility to the greatest extent possible, including utilizing the following screening methods for the type of installation:

a.

Accessory equipment for building-mounted or roof-mounted facilities may be located underground, inside the building, or on the roof of the building that the facility is mounted on, provided that both the equipment and screening materials are painted the color of the building, roof, and/or surroundings. All screening materials for each roof-mounted facility shall be of a quality and design that is architecturally integrated with the design of the building or structure.

b.

Accessory equipment for ground-mounted facilities shall be visually screened by locating the equipment within a nearby building or in an underground vault, with the exception of required electrical panels. If a building is not located near the facility or placement of the equipment in an existing building is not technically feasible, accessory equipment shall be located in an enclosed structure, and shall comply with

the development and design standards of the zoning district in which the accessory equipment is located. The enclosed structure shall be architecturally treated and/or adequately screened from view by landscape plantings, walls, fencing or other appropriate means, selected so that the resulting screening will be visually integrated with the architecture and landscaping of the surroundings.

8.

Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated and maintained by applicant where such vegetation is deemed necessary by the city to provide screening or to block the line of sight between facilities and adjacent uses.

9.

Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.

10.

Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods, and a lighting study shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties.

11.

Noise.

a.

Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

b.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

c.

At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA at the facility's property line if the facility is located in a business, commercial, manufacturing, utility or school zone or a planned development zone that permits those uses, provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall at no time be audible at the property line of such residential property. For any facility located within a residential zone, such equipment noise shall at no time be audible at the property line of any residentially improved or residential zoned property.

d.

All air conditioning units and any other equipment that may emit noise that would be audible from beyond the facility's property line shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under this Code.

12.

Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The reviewing authority may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance.

13.

Modification. At the time of modification of a wireless telecommunications facility or wireless telecommunications collocation facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

C.

Conditions of approval. In addition to compliance with the design and development standards outlined in this section, all facilities shall be subject to the following conditions of approval, as well as any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

The permittee shall submit an as built drawing within ninety (90) days after installation of the facility.

2.

The permittee shall submit and maintain current at all times basic contact and site information on a form to be supplied by the city. The permittee shall notify the city of any changes to the information submitted within seven (7) days of any change, including change of the name or legal status of the owner or operator. This information shall include, but is not limited to, the following:

a.

Identity, including the name, address and twenty-four-hour local or toll-free contact phone number of the permittee, the owner, the operator, and the agent or person responsible for the maintenance of the facility.

b.

The legal status of the owner of the wireless telecommunications facility, including official identification numbers and Federal Communications Commission certification.

c.

Name, address and telephone number of the property owner if different than the permittee.

3.

Upon any transfer or assignment of the permit, the director may require submission of any supporting materials or documentation necessary to determine that the proposed use is in compliance with the existing permit and all of its conditions of approval including, but not limited to, statements, photographs, plans, drawings, models, and analysis by a qualified radio frequency engineer demonstrating compliance with all applicable regulations and standards of the Federal Telecommunications Commission and the California Public Utilities Commission. If the director determines that the proposed operation is not consistent with the existing permit, the director shall notify the permittee who shall either revise the application or apply for modification of the permit pursuant to the requirements of the Agoura Hills Municipal Code.

4.

The permittee shall not place any facilities that will deny access to, or otherwise interfere with, any public utility, easement, or right-of-way located on the site. The permittee shall allow the city reasonable access to, and maintenance of, all utilities and existing public improvements within or adjacent to the site, including, but not limited to, pavement, trees, public utilities, lighting and public signage.

5.

At all times, all required notices and signs shall be posted on the site as required by the Federal Communications Commission and California Public Utilities Commission, and as approved by the city. The location and dimensions of a sign bearing the emergency contact name and telephone number shall be posted pursuant to the approved plans.

6.

At all times, the permittee shall ensure that the facility complies with the most current regulatory and operational standards including, but not limited to, radio frequency emissions standards adopted by the Federal Communications Commission and antenna height standards adopted by the Federal Aviation Administration, and shall timely submit all monitoring reports required pursuant to section 9661.13 of the Agoura Hills Municipal Code.

7.

If the director determines there is good cause to believe that the facility may emit radio frequency emissions that are likely to exceed Federal Communications Commission standards, the director may require post-installation testing, at permittee's expense, or the director may require the permittee to submit a technically sufficient written report certified by a qualified radio frequency emissions engineer at other than the regularly required intervals specified in section 9661.13 of the Agoura Hills Municipal Code, certifying that the facility is in compliance with such FCC standards.

8.

Permittee shall pay for and provide a performance bond, which shall be in effect until the facilities are fully and completely removed and the site reasonably returned to its original condition, to cover permittee's obligations under these conditions of approval and the City of Agoura Hills Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the director in an amount rationally related to the obligations covered by the bond and shall be specified in the conditions of approval.)

9.

If a nearby property owner registers a noise complaint and such complaint is verified as valid by the city, the city may hire a consultant to study, examine and evaluate the noise complaint and the permittee shall pay the fee for the consultant. The matter shall be reviewed by the director. If the director determines sound proofing or other sound attenuation measures should be required to bring the project into compliance with the Code, the director may impose that condition on the project after notice and a public hearing. (A condition incorporating the applicable noise limitations of this chapter shall also be included in the conditions of approval.)

10.

Permittee shall defend, indemnify, protect and hold harmless city, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers from and against any and all claims, actions, or proceeding against the city, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees, and volunteers to attack, set aside, void or annul, an approval of the city, planning commission or city council concerning this permit and the project. Such indemnification shall include damages, judgments, settlements, penalties, fines, defensive costs or expenses, including, but not limited to, interest, attorneys' fees and expert witness fees, or liability of any kind related to or arising from such claim, action, or proceeding. The city shall

promptly notify the permittee of any claim, action, or proceeding. Nothing contained herein shall prohibit [the] city from participating in a defense of any claim, action or proceeding. The city shall have the option of coordinating the defense, including, but not limited to, choosing counsel for the defense at permittee's expense.

11.

"Permittee" shall include the applicant and all successors in interest to this permit.

12.

A condition setting forth the permit expiration date in accordance with section 9661.15 shall be included in the conditions of approval.

If a wireless telecommunications collocation facility is being approved, the phrase "wireless telecommunications collocation facility" shall be substituted in the above conditions wherever the phrase "wireless telecommunications facility" appears.

(Ord. No. 11-387, §§ 4, 7, 8-24-2011)

The provisions of this section shall apply to wireless telecommunications facilities and wireless telecommunications collocation facilities that are located within the public right-of-way. For purposes of this section, "located within the public right-of-way" shall include any facility which in whole or in part, itself or as part of another structure, rests upon, in or over the public right-of-way.

A.

Permit required.

1.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be located within the public right-of-way of arterial roadways, as identified in the general plan, except any locations listed in section 9661.20, shall require a conditional use permit.

2.

In addition to any other permit required pursuant to this Code, the installation or modification of a wireless telecommunications facility or wireless telecommunications collocation facility, which will be located within the public right-of-way and is in any location listed in section 9661.20.A., shall require a conditional use permit and approval of an exception.

3.

Only applicants who have been granted the right to enter the public right-of-way pursuant to state or federal law, or who have entered into a franchise agreement with the city permitting them to use the public

right-of-way, shall be eligible for a permit to install or modify a wireless telecommunications facility or a wireless telecommunications collocation facility in the public right-of-way.

B.

Design and development standards. All wireless telecommunications facilities and wireless collocation telecommunications facilities that are located within the public right-of-way shall be designed and maintained as to minimize visual, noise and other impacts on the surrounding community and shall be planned, designed, located, and erected in accordance with the following:

1.

General guidelines.

a.

The applicant shall employ screening and camouflage design techniques in the design and placement of wireless telecommunications facilities and wireless telecommunication collocation facilities in order to ensure that the facility is as visually inconspicuous as possible, to prevent the facility from dominating the surrounding area and to hide the facility from predominant views from surrounding properties all in a manner that achieves compatibility with the community.

b.

Screening shall be designed to be architecturally compatible with surrounding structures using appropriate techniques to camouflage, disguise, and/or blend into the environment, including landscaping, color, and other techniques to minimize the facility's visual impact as well as be compatible with the architectural character of the surrounding buildings or structures in terms of color, size, proportion, style, and quality.

2.

Traffic safety. All facilities shall be designed and located in such a manner as to avoid adverse impacts on traffic safety.

3.

Blending methods. All facilities shall have subdued colors and nonreflective materials that blend with the materials and colors of the surrounding area and structures.

4.

Antenna mounts. The applicant shall use the least visible antennas possible to accomplish the coverage objectives. Antenna elements shall be flush mounted, to the extent feasible. All antenna mounts shall be designed so as not to preclude possible future collocation by the same or other operators or carriers. Unless otherwise provided in this section, antennas shall be situated as close to the ground as possible to reduce visual impact without compromising their function.

5.

Poles.

a.

Only pole-mounted antennas shall be permitted in the right-of-way. All other telecommunications towers are prohibited, and no new poles are permitted that are not replacing an existing pole.

b.

No facility shall be located on a pole that is less than twenty-five (25) feet in height.

c.

Utility poles. The maximum height of any antenna shall not exceed twenty-four (24) inches above the height of an existing utility pole, nor shall any portion of the antenna or equipment mounted on a pole be less than eighteen (18) feet above any drivable road surface. All installations on utility poles shall fully comply with the California Public Utilities Commission general orders, including, but not limited to, General Order 95, as revised.

d.

Light poles. The maximum height of any antenna shall not exceed six (6) feet above the existing height of a light pole. Any portion of the antenna or equipment mounted on a pole shall be no less than eighteen (18) feet above any drivable road surface.

e.

Replacement poles. If an applicant proposes to replace a pole in order to accommodate the facility, the pole shall match the appearance of the original pole to the extent feasible. If the replacement pole exceeds the height of the existing pole, the antenna(s) shall not extend above the top of the replacement pole for more than "X" feet, where "X" is calculated by subtracting the difference in height between the original and replacement poles from six (6) feet.

f.

Pole mounted equipment shall not exceed six (6) cubic feet in dimension.

g.

All poles shall be designed to be the minimum functional height and width required to support the proposed antenna installation and meet Federal Communications Commission requirements. Poles and antennas and similar structures shall be no greater in diameter or other cross-sectional dimensions than is necessary for the proper functioning of the facility. The applicant shall provide documentation satisfactory to the director establishing compliance with this paragraph.

h.

If an exception is granted for placement of new poles in the right-of-way, new poles shall be designed to resemble existing poles in the right-of-way near that location, including size, height, color, materials and style, with the exception of any existing pole designs that are scheduled to be removed and not replaced.

Such new poles that are not replacement poles shall be located at least ninety (90) feet from any existing pole, to the extent feasible, to prevent pole clustering in the public right-of-way.

i.

All cables, including, but not limited to, electrical and utility cables, shall be run within the interior of the pole and shall be camouflaged or hidden to the fullest extent feasible without jeopardizing the physical integrity of the pole.

6.

Each facility shall be designed to occupy the least amount of space in the right-of-way that is technically feasible.

7.

Each facility shall be properly engineered to withstand high wind loads. An evaluation of high wind load capacity shall include the impact of modification of an existing facility.

8.

Each component part of a facility shall be located so as not to cause any physical or visual obstruction to pedestrian or vehicular traffic, inconvenience to the public's use of the right-of-way, or safety hazards to pedestrians and motorists and in compliance with section 9661.14.

9.

A facility shall not be located within any portion of the public right-of-way interfering with access to fire hydrants, fire stations, fire escapes, water valves, underground vaults, valve housing structures, or any other vital public health and safety facility.

10.

In no case shall any ground-mounted facility, above-ground accessory equipment, or walls, fences, landscaping or other screening methods be less than eighteen (18) inches from the front of curb.

11.

All cables, including, but not limited to, electrical and utility cables, between the pole and any accessory equipment shall be placed underground.

12.

Each facility shall be built in compliance with the Americans with Disabilities Act (ADA).

13.

Accessory equipment. With the exception of the electric meter, which shall be pole-mounted to the extent feasible, all accessory equipment shall be located underground.

a.

Unless city staff determines that there is no room in the public right-of-way for undergrounding or that undergrounding is not feasible, an exception shall be required in order to place accessory equipment above ground.

b.

When above ground is the only feasible location for a particular type of accessory equipment and cannot be pole-mounted, such accessory equipment shall be enclosed within a structure, and shall not exceed a height of five (5) feet and a total footprint of fifteen (15) square feet, and shall be fully screened and/or camouflaged, including the use of landscaping, architectural treatment, or acceptable alternate screening. Required electrical meter cabinets shall be adequately screened and/or camouflaged.

14.

Landscaping. Where appropriate, each facility shall be installed so as to maintain and enhance existing landscaping on the site, including trees, foliage and shrubs, whether or not utilized for screening. Additional landscaping shall be planted, irrigated and maintained by applicant where such vegetation is deemed necessary by the city to provide screening or to block the line of sight between facilities and adjacent uses.

15.

Signage. No facility shall bear any signs or advertising devices other than certification, warning or other signage required by law or permitted by the city.

16.

Lighting. No facility may be illuminated unless specifically required by the Federal Aviation Administration or other government agency. Lightning arresters and beacon lights are not permitted unless required by the Federal Aviation Administration or other government agency. Legally required lightning arresters and beacons shall be included when calculating the height of facilities such as towers, lattice towers and monopoles. Any required lighting shall be shielded to eliminate, to the maximum extent possible, impacts on the surrounding neighborhoods, and a lighting study shall be prepared by a qualified lighting professional to evaluate potential impacts to adjacent properties.

17.

Noise.

a.

Each facility shall be operated in such a manner so as to minimize any possible disruption caused by noise.

b.

Backup generators shall only be operated during periods of power outages, and shall not be tested on weekends or holidays, or between the hours of 7:00 p.m. and 7:00 a.m.

c.

At no time shall equipment noise from any facility exceed an exterior noise level of fifty-five (55) dBA three (3) feet from the source of the noise if the facility is located in a business, commercial, manufacturing, utility or school zone or a planned development zone that permits those uses; provided, however, that for any such facility located within five hundred (500) feet of any property zoned residential or improved with a residential use, such equipment noise shall at no time be audible at the property line of any such residential property. For any facility located within a residential zone, such equipment noise shall at no time be audible at the property line of any residentially-improved or residential-zoned property.

d.

Any equipment that may emit noise that would be audible from beyond three (3) feet from the source of the noise shall be enclosed or equipped with noise attenuation devices to the extent necessary to ensure compliance with applicable noise limitations under this Code.

18.

Security. Each facility shall be designed to be resistant to, and minimize opportunities for, unauthorized access, climbing, vandalism, graffiti and other conditions that would result in hazardous situations, visual blight or attractive nuisances. The reviewing authority may require the provision of warning signs, fencing,

anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, a facility has the potential to become an attractive nuisance.

19.

Modification. At the time of modification of a wireless telecommunications facility or wireless telecommunications collocation facility, existing equipment shall, to the extent feasible, be replaced with equipment that reduces visual, noise and other impacts, including, but not limited to, undergrounding the equipment and replacing larger, more visually intrusive facilities with smaller, less visually intrusive facilities.

C.

Conditions of approval. In addition to compliance with all applicable provisions of this division, all facilities in the public right-of-way shall be subject to the conditions of approval set forth in subsection 9661.5.C., the following conditions of approval, and any modification of these conditions or additional conditions of approval deemed necessary by the reviewing authority:

1.

The wireless telecommunications facility shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the city engineer for the purpose of: (a) protecting the public health, safety, and welfare; (b) preventing interference with pedestrian and vehicular traffic; and/or (c) preventing damage to the public right-of-way or any property adjacent to it. The city may modify the permit to reflect such conditions, changes or limitations by following the same notice and public hearing procedures as are applicable to the grant of a wireless telecommunications facility permit for similarly located facilities, except the permittee shall be given notice by personal service or by registered or certified mail at the last address provided to the city by the permittee.

The permittee shall not transfer the permit to any person prior to completion of construction of the facility covered by the permit.

3.

The permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement or property without the prior consent of the owner of that structure, improvement or property. No structure, improvement or property owned by the city shall be moved to accommodate a wireless telecommunications facility unless the city determines that such movement will not adversely affect the city or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the city's structure, improvement or property. Prior to commencement of any work pursuant to an encroachment permit issued for any facility within the public right-of-way, the permittee shall provide the city with documentation establishing to the city's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement or property within the public right-of-way to be affected by applicant's facilities.

4.

The permittee shall assume full liability for damage or injury caused to any property or person by the facility.

5.

The permittee shall repair, at its sole cost and expense, any damage including, but not limited to, subsidence, cracking, erosion, collapse, weakening, or loss of lateral support to city streets, sidewalks, walks, curbs, gutters, trees, parkways, street lights, traffic signals, improvements of any kind or nature, or utility lines and systems, underground utility line and systems, or sewer systems and sewer lines that result from any activities performed in connection with the installation and/or maintenance of a wireless telecommunications facility in the public right-of-way. The permittee shall restore such areas, structures and systems to the condition in which they existed prior to the installation or maintenance that necessitated the repairs. In the event the permittee fails to complete such repair within the number of days stated on a written notice by the city engineer, the city engineer shall cause such repair to be completed at permittee's sole cost and expense.

6.

Prior to issuance of a building permit, the applicant shall obtain the director's approval of a tree protection plan prepared by a certified arborist if the installation of the wireless telecommunication facility will be located within the canopy of a street tree, or a protected tree on private property, or within a ten-foot radius of the base of such a tree. Depending on site-specific criteria (e.g., location of tree, size and type of tree, etc.), a radius greater than ten (10) feet may be required by the director.

7.

Insurance. The permittee shall obtain, pay for and maintain, in full force and effect until the facility approved by the permit is removed in its entirety from the public right-of-way, an insurance policy or policies of public liability insurance, with minimum limits of two million dollars ($2,000,000.00) for each occurrence and four million dollars ($4,000,000.00) in the aggregate, that fully protects the city from claims and suits for bodily injury and property damage. The insurance must name the city and its elected and appointed council

ntirety from the public right-of-way, an insurance policy or policies of public liability insurance, with minimum limits of two million dollars ($2,000,000.00) for each occurrence and four million dollars ($4,000,000.00) in the aggregate, that fully protects the city from claims and suits for bodily injury and property damage. The insurance must name the city and its elected and appointed council

members, boards, commissions, officers, officials, agents, consultants, employees and volunteers as additional named insureds, be issued by an insurer admitted in the State of California with a rating of at least a A:VII in the latest edition of A.M. Best's Insurance Guide, and include an endorsement providing that the policies cannot be canceled or reduced except with thirty (30) days' prior written notice to the city. The insurance provided by permittee shall be primary to any coverage available to the city, and any insurance or self-insurance maintained by the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers shall be excess of permittee's insurance and shall not contribute with it. The policies of insurance required by this permit shall include provisions for waiver of subrogation. In accepting the benefits of this permit, permittee hereby waives all rights of subrogation against the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers. The insurance must afford coverage for the permittee's and the wireless provider's use, operation and activity, vehicles, equipment, facility, representatives, agents and employees, as determined by the city's risk manager. Before issuance of any building permit for the facility, the permittee shall furnish the city risk manager certificates of insurance and endorsements, in the form satisfactory to the city attorney or the risk manager, evidencing the coverage required by the city.

8.

Indemnification. To the fullest extent permitted by law, the permittee, and every permittee and person in a shared permit, jointly and severally, shall defend, indemnify, protect and hold the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers harmless from and against all claims, suits, demands, actions, losses, liabilities, judgments, settlements, costs (including, but not limited to, attorney's fees, interest and expert witness fees), or damages claimed by third parties against the city for any bodily or personal injury, and for property damage sustained by any person, arising out of, resulting from, or are in any way related to the wireless telecommunications facility, or to any work done by or use of the public right-of-way by the permittee, owner or operator of the wireless telecommunications facility, or their agents, excepting only liability arising out of the sole negligence or willful misconduct of the city and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers.

9.

Should any utility company offer electrical service that does not require the use of a meter cabinet, the permittee shall at its sole cost and expense remove the meter cabinet and any related foundation within thirty (30) days of such service being offered and reasonably restore the area to its prior condition.

10.

Relocation. The permittee shall modify, remove, or relocate its facility, or portion thereof, without cost or expense to city, if and when made necessary by (i) any public improvement project, including, but not limited to, the construction, maintenance, or operation of any underground or above-ground facilities including, but not limited to, sewers, storm drains, conduits, gas, water, electric or other utility systems, or pipes owned by city or any other public agency, (ii) any abandonment of any street, sidewalk or other public facility, (iii) any change of grade, alignment or width of any street, sidewalk or other public facility, or (iv) a determination by the director that the wireless telecommunications facility has become incompatible with public health, safety or welfare or the public's use of the public right-of-way. Such modification, removal, or

relocation of the facility shall be completed within ninety (90) days of notification by city unless exigencies dictate a shorter period for removal or relocation. Modification or relocation of the facility shall require submittal, review and approval of a modified permit pursuant to the Code. The permittee shall be entitled, on permittee's election, to either a pro-rata refund of fees paid for the original permit or to a new permit, without additional fee, at a location as close to the original location as the standards set forth in the Code allow. In the event the facility is not modified, removed, or relocated within said period of time, city may cause the same to be done at the sole cost and expense of permittee. Further, due to exigent circumstances as provided in the Code, the city may modify, remove, or relocate wireless telecommunications facilities without prior notice to permittee provided permittee is notified within a reasonable period thereafter.

11.

Prior to the issuance of any encroachment or building permits, permittee shall enter into a right-of-way agreement with the city in accordance with Agoura Hills Municipal Code section 9661.8.

If a wireless telecommunications collocation facility is being approved, the phrase "wireless

telecommunications collocation facility" shall be substituted in the above conditions wherever the phrase "wireless telecommunications facility" appears.

(Ord. No. 11-387, § 7, 8-24-2011)

A.

In addition to findings necessary to approve a conditional use permit or minor conditional use permit, as applicable, no permit shall be granted for a wireless telecommunications facility or a wireless telecommunications collocation facility unless all of the following findings are made by the reviewing authority:

1.

The proposed facility has been designed and located in compliance with all applicable provisions of this division.

2.

The proposed facility has been designed and located to achieve compatibility with the community.

3.

The applicant has submitted a statement of its willingness to allow other carriers to collocate on the proposed wireless telecommunications facility wherever technically and economically feasible and where collocation would not harm community compatibility.

4.

Noise generated by equipment will not be excessive, annoying nor be detrimental to the public health, safety, and welfare and will not exceed the standards set forth in this division.

B.

In addition to the findings in [subsection] A. above, approval of a permit for a wireless telecommunications facility or a wireless telecommunications collocation facility that will be located in the public right-of-way may be granted only if the following findings are made by the reviewing authority:

1.

The applicant has provided substantial written evidence supporting the applicant's claim that it has the right to enter the public right-of-way pursuant to state or federal law, or the applicant has entered into a franchise agreement with the city permitting them to use the public right-of-way.

The applicant has demonstrated that the facility will not interfere with the use of the public right-of-way and existing subterranean infrastructure and will not interfere with the city's plans for modification of such location and infrastructure.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.8. - Agreement for facilities on city-owned property or public right-of-way.

A.

No approval granted under this division for locating facilities on city-owned property or in the public rightof-way shall be effective until the applicant and the city have executed a written agreement establishing the particular terms and provisions under which the right to occupy city-owned property or the public right-ofway, or both, shall be used or maintained. Such agreement shall include, but not be limited to, the following:

1.

Inspection and maintenance requirements.

2.

Indemnification of the city.

3.

Insurance requirements.

4.

Waiver of monetary damages against the city.

5.

Removal, restoration and clean-up requirements.

Requirement to pay possessory interest taxes, if any.

(Ord. No. 11-387, § 7, 8-24-2011)

No approval granted under this division shall confer any exclusive right, privilege, license or franchise to occupy or use the public right-of-way of the city for delivery of telecommunications services or any other purposes. Further, no approval shall be construed as any warranty of title.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.10. - Wireless telecommunications collocation facilities.

A.

Purpose. The purpose of this section is to comply with the requirements of California Government Code Section 65850.6. This section provides the requirements, standards and regulations for a wireless telecommunications collocation facility for which subsequent collocation is a permitted use. Only those facilities that fully comply with the eligibility requirements set forth in California Government Code Section 65850.6, or its successor provision, and which strictly adhere to the requirements and regulations set forth in this section shall qualify as a wireless telecommunications collocation facility.

B.

In addition to any other permit required by this Code, a wireless telecommunications collocation facility shall be subject to either a minor conditional use permit or a conditional use permit as provided for in this division.

C.

All requirements, regulations and standards set forth in this division for a wireless telecommunications facility shall apply to a wireless telecommunications collocation facility; provided, however, the following shall also apply to a wireless telecommunications collocation facility:

1.

The applicant for a wireless telecommunications collocation facility permit shall answer each question or request on the supplemental application provided for in section 9661.4 of this division so as to describe or depict:

a.

The wireless telecommunications collocation facility as it will be initially built, and

b.

All collocations at full build-out, including, but not limited to, all antennas, antenna support structures and accessory equipment.

2.

Any collocation shall use screening methods substantially similar to those used on the existing wireless telecommunications facilities unless other optional screening methods are specified in the conditions of approval.

3.

A wireless telecommunications collocation facility permit shall not be approved unless an environmental impact report, negative declaration, or mitigated negative declaration was prepared and approved for the wireless telecommunications collocation facility.

D.

Notwithstanding any other provision of this division, a subsequent collocation on a wireless telecommunications collocation facility shall be a permitted use if:

1.

The wireless telecommunications collocation facility:

a.

Was approved after January 1, 2007, by discretionary permit;

b.

Was approved subject to an environmental impact report, negative declaration, or mitigated negative declaration; and

c.

Otherwise complies with the requirements of Government Code Section 65850.6(b), or its successor provision, for addition of a collocation facility to a wireless telecommunications collocation facility, including, but not limited to, compliance with all performance and maintenance requirements, regulations and standards in this division and the conditions of approval in the wireless telecommunications collocation facility permit; and

d.

Provided, however, only those collocations that were specifically considered when the relevant environmental document was prepared are a permitted use.

2.

Before collocation, the applicant seeking collocation shall obtain all other applicable nondiscretionary permit(s), as required pursuant to this Code.

E.

Although subsequent collocation under the conditions specified in paragraph D. above is a permitted use, the owner of the facilities that will be collocated may voluntarily submit a wireless telecommunications facility application for the proposed collocation for the director's determination whether the collocation is a permitted use that meets the requirements of this division. Any collocation facility that does not meet the requirements of this division and is installed without first obtaining a wireless telecommunications permit is subject to immediate abatement and all other remedies available to the city pursuant to this Code.

F.

Except as otherwise provided above, approval of a new or amended facility permit shall be required when the facility is modified other than by collocation in accordance with this section, or the proposed collocation:

1.

Increases the height of the existing permitted facilities or otherwise changes the bulk, size, location, or any other physical attributes of the existing permitted wireless telecommunications collocation facility unless specifically permitted under the conditions of approval applicable to such wireless telecommunications collocation facility; or

2.

Adds any microwave dish or other antenna not expressly permitted to be included in a collocation facility by the conditions of approval.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.11. - Emergency deployment.

A C.O.W. shall be permitted in all zoning districts for the duration of an emergency declared by the city or at the discretion of the director.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.12. - Operation and maintenance standards.

All wireless telecommunications facilities and wireless telecommunications collocation facilities must comply at all times with the following operation and maintenance standards. All necessary repairs and restoration shall be completed by the permittee, owner, operator or any designated maintenance agent within forty-eight (48) hours (i) after discovery of the need by the permittee, owner, operator or any designated maintenance agent or (ii) after permittee, owner, operator or any designated maintenance agent receives notification from a resident or the director.

A.

Each permittee of a wireless telecommunications facility or wireless telecommunications collocation facilities shall provide the director with the name, address and twenty-four-hour local or toll-free contact

phone number of the permittee, the owner, the operator and the agent responsible for the maintenance of the facility ("contact information"). Contact information shall be updated within seven (7) days of any change.

B.

All facilities, including, but not limited to, telecommunication towers, poles, accessory equipment, lighting, fences, walls, shields, cabinets, artificial foliage or camouflage, and the facility site shall be maintained in good condition, including ensuring the facilities are reasonably free of:

1.

General dirt and grease;

2.

Chipped, faded, peeling, and cracked paint;

3.

Rust and corrosion;

4.

Cracks, dents, and discoloration;

5.

Missing, discolored or damaged artificial foliage or other camouflage;

6.

Graffiti, bills, stickers, advertisements, litter and debris;

7.

Broken and misshapen structural parts; and

8.

Any damage from any cause.

C.

Graffiti shall be removed from a facility as soon as practicable, and in no instance more than twenty-four (24) hours from the time of notification by the city.

D.

All trees, foliage or other landscaping elements approved as part of the facility shall be maintained in good condition at all times, and the permittee, owner and operator of the facility shall be responsible for replacing

any damaged, dead or decayed landscaping. No amendment to any approved landscaping plan may be made until it is submitted to and approved by the director.

E.

The permittee shall replace its facilities, after obtaining all required permits, if maintenance or repair is not sufficient to return the facility to the condition it was in at the time of installation.

F.

Each facility shall be operated and maintained to comply at all times with the noise standards of this Code and the facility's conditions of approval, and shall be operated and maintained in a manner that will minimize noise impacts to surrounding residents. Except for emergency repairs, any testing and maintenance activities that will be audible beyond the property line shall only occur between the hours of 7:00 a.m. and 7:00 p.m. on Monday through Friday, excluding holidays, unless alternative hours are approved by the director. Backup generators, if permitted, shall only be operated during periods of power outages or for testing.

G.

If a flagpole is used for camouflaging a wireless telecommunications facility, flags shall be flown and shall be properly maintained at all times.

H.

Each owner or operator of a facility shall routinely inspect each site to ensure compliance with the standards set forth in this section and the conditions of approval.

(Ord. No. 11-387, § 7, 8-24-2011)

The owner and operator of a facility shall submit within ninety (90) days of beginning operations under a new or amended permit, and every two (2) years from the date the facility began operations, a technically sufficient report ("monitoring report") that demonstrates the following:

A.

The facility is in compliance with applicable federal regulations, including Federal Communications Commission RF emissions standards, as certified by a qualified radio frequency emissions engineer;

B.

The facility is in compliance with all provisions of this section and its conditions of approval.

C.

The bandwidth of the facility has not been changed since the original application or last report, as applicable, and if it has, a full written description of that change.

(Ord. No. 11-387, § 7, 8-24-2011)

No person shall install, use or maintain any wireless telecommunications facility or wireless telecommunications collocation facility which in whole or in part rests upon, in or over any public sidewalk or parkway, when such installation, use or maintenance endangers or is reasonably likely to endanger the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such facility unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes, permitted sidewalk dining, permitted street furniture or other objects permitted at or near said location.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.15. - Permit expiration.

A.

A permit for any wireless telecommunications facility or wireless telecommunication collocation facility shall be valid for a period of ten (10) years, unless pursuant to another provision of this Code it lapses sooner or is revoked. At the end of ten (10) years from the date of issuance, such permit shall expire.

B.

A permittee may apply for extensions of its permit in increments of ten (10) years no sooner than six (6) months prior to expiration of the permit; provided, however, if a request to modify an existing permit for a facility is submitted during the last two (2) years of a ten-year permit, the permittee may request an extension at that time.

C.

If feasible at the time of permit expiration, the permittee shall (1) place above-ground wireless telecommunications facilities below ground, including, but not limited to, accessory equipment that has been mounted to a telecommunications tower or mounted on the ground, and (2) replace larger, more visually-intrusive facilities with smaller, less visually-intrusive facilities, after receiving all necessary permits and approvals required pursuant to the Agoura Hills Municipal Code.

D.

If a permit has not expired at the time application is made for an extension, the director may administratively extend the term of the permit for subsequent ten-year terms upon verification of continued compliance with the findings and conditions of approval under which the application was originally approved, as well as any other applicable provisions of this Code that are in effect at the time the permit extension is granted.

At the director's discretion, additional studies and information may be required of the applicant.

2.

If the director determines that the facility is nonconforming or that additional conditions of approval are necessary to bring the facility into compliance with the provisions of this Code that are then in effect at the time of permit expiration, the director shall refer the extension request to the appropriate reviewing authority.

3.

The reviewing authority and public hearing procedures for such extension requests shall be the same as if a new permit was requested. After notice and a public hearing, the reviewing authority may approve, conditionally approve or deny the extension.

E.

The request for an extension shall be decided by the planning commission if the permit expired before the application is made for an extension or if the director refers the matter to the planning commission. After notice and a public hearing, the planning commission may approve, conditionally approve or deny the extension.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.16. - Cessation of use or abandonment.

A.

A wireless telecommunications facility or wireless telecommunications collocation facility is considered abandoned and shall be promptly removed as provided herein if it ceases to provide wireless telecommunications services for ninety (90) or more consecutive days. If there are two (2) or more users of a single facility, then this provision shall not become effective until all users cease using the facility.

B.

The operator of a facility shall notify the city in writing of its intent to abandon or cease use of a permitted site or a nonconforming site (including unpermitted sites) within ten (10) days of ceasing or abandoning use. Notwithstanding any other provision herein, the operator of the facility shall provide written notice to the director of any discontinuation of operations of thirty (30) days or more.

C.

Failure to inform the director of cessation or discontinuation of operations of any existing facility as required by this section shall constitute a violation of any approvals and be grounds for:

1.

Prosecution;

Revocation or modification of the permit;

3.

Calling of any bond or other assurance required by this division or conditions of approval of the permit;

4.

Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

5.

Any other remedies permitted under this Code.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.17. - Removal and restoration—Permit expiration, revocation or abandonment.

A.

Upon the expiration date of the permit, including any extensions, earlier termination or revocation of the permit or abandonment of the facility, the permittee, owner or operator shall remove its wireless telecommunications facility or wireless telecommunications collocation facility and restore the site to its natural condition except for retaining the landscaping improvements and any other improvements at the discretion of the city. Removal shall be in accordance with proper health and safety requirements and all ordinances, rules, and regulations of the city. The facility shall be removed from the property, at no cost or expense to the city. If the facility is located on private property, the private property owner shall also be independently responsible for the expense of timely removal and restoration.

B.

Failure of the permittee, owner or operator to promptly remove its facility and restore the property within thirty (30) days after expiration, earlier termination or revocation of the permit, or abandonment of the facility, shall be a violation of this Code, and be grounds for:

1.

Prosecution;

2.

Calling of any bond or other assurance required by this division or conditions of approval of permit;

3.

Removal of the facilities by the city in accordance with the procedures established under this Code for abatement of a public nuisance at the owner's expense; and/or

4.

Any other remedies permitted under this Code.

C.

Summary removal. In the event the director or city engineer determines that the condition or placement of a wireless telecommunications facility or wireless telecommunications collocation facility located in the public right-of-way constitutes a dangerous condition, obstruction of the public right-of-way, or an imminent threat to public safety, or determines other exigent circumstances require immediate corrective action (collectively, "exigent circumstances"), the director or city engineer may cause the facility to be removed summarily and immediately without advance notice or a hearing. Written notice of the removal shall be served upon the person who owns the facility within five (5) business days of removal and all property removed shall be preserved for the owner's pick-up as feasible. If the owner cannot be identified following reasonable effort or if the owner fails to pick-up the property within sixty (60) days, the facility shall be treated as abandoned property.

D.

Removal of facilities by city. In the event the city removes a facility in accordance with nuisance abatement procedures or summary removal, any such removal shall be without any liability to the city for any damage to such facility that may result from reasonable efforts of removal. In addition to the procedures for recovering costs of nuisance abatement, the city may collect such costs from the performance bond posted and to the extent such costs exceed the amount of the performance bond, collect those excess costs in accordance with this Code. Unless otherwise provided herein, the city has no obligation to store such facility. Neither the permittee, owner nor operator shall have any claim if the city destroys any such facility not timely removed by the permittee, owner or operator after notice, or removed by the city due to exigent circumstances.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.18. - Appeals.

A.

Any aggrieved person may appeal a decision of the director made pursuant to this division to the planning commission.

B.

Any aggrieved person may appeal a decision of the planning commission made pursuant to this division to the city council.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.19. - Exceptions.

A.

Exceptions pertaining to any provision of this division, including, but not limited to, exceptions from findings that would otherwise justify denial, may be granted by the reviewing authority at a noticed public

hearing if the reviewing authority makes the finding that (i) denial of the facility as proposed would violate state and/or federal law, or (ii) a provision of this division, as applied to applicant, would deprive applicant of its rights under state and/or federal law. An applicant may only request an exception at the time of applying for a wireless telecommunications facility permit or wireless telecommunications facility collocation permit.

B.

Notwithstanding any other provision of this division, a conditional use permit shall be required for a facility when an exception is requested.

C.

The applicant shall have the burden of proving that denial of the facility as proposed would violate state and/or federal law, or the provisions of this division, as applied to applicant, would deprive applicant of its rights under state and/or federal law, using the evidentiary standards required by that law at issue. The city shall have the right to hire an independent consultant, at the applicant's expense, to evaluate the issues raised by the exception request and shall have the right to submit rebuttal evidence to refute the applicant's claim.

(Ord. No. 11-387, § 7, 8-24-2011)

A.

Locations requiring an exception. Wireless telecommunications facilities and wireless telecommunications collocation facilities shall not locate in any of the following districts, areas or locations without an exception:

1.

Zoning districts other than BP-M, BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts; provided however, facilities may be located in the public right-of-way of arterial roadways within those other districts without an exception;

2.

Public right-of-way of collector roadways as identified in the general plan;

3.

Public right-of-way of local streets as identified in the general plan if within the BP-M, BP-OR, CN, CRS, CS, CS-MU, CR, PD, U, and SH districts;

4.

Public right-of-way if mounted to a new pole that is not replacing an existing pole, regardless of location;

5.

Building-mounted or roof-mounted on a building owned in common by a homeowners' association, even if located in a residential zone;

6.

A ground-mounted facility that is not in the right-of-way but is within one hundred (100) feet of a residential district in the BP-M, BP-OR, CRS, CS, CR, PD, U, and SH districts; or

7.

Notwithstanding any of the above, no facility shall locate within OS-DR or OS-R zoning districts, including the public right-of-way of arterial or collector roadways within those districts, without an exception; provided, however, applicant must also obtain approval, if required by this Code, pursuant to sections 9487 and 9821.5.

B.

No exception allowed. Notwithstanding the provisions of section 9661.19, in no case shall an exception be granted for the location of a wireless telecommunications facility or wireless telecommunications collocation facility in any of the following districts, areas or locations:

1.

Any location within a residential district, with the exception of the public right-of-way of arterial or collector roadways and those locations set forth in subsection 9661.20.A.(5);

2.

Any public right-of-way location within one hundred (100) feet from a residential district, with the exception of the public right-of-way of arterial or collector roadways;

3.

Any location that would significantly obstruct or diminish views in scenic corridors;

4.

Any location on or near a ridgeline such that the facility would appear silhouetted against the sky; or

5.

Planned development zones in any location where the zone or planned development prohibits such facilities.

C.

If a district, area or location could qualify as both a permissible location and a location enumerated in this section, it shall be deemed a location covered by this section and the provisions of this section shall control. If a district, area or location could qualify as either a location requiring an exception pursuant to

paragraph A. of this section or a location in which no exception is allowed pursuant to paragraph B. of this section, it shall be deemed a location covered by paragraph B. and no exception shall be granted.

(Ord. No. 11-387, §§ 4, 7, 8-24-2011)

Compliance with the provisions of this division shall not relieve a person from complying with any other applicable provision of this Code. In the event of a conflict between any provision of this division and other sections of this Code, this division shall control.

(Ord. No. 11-387, § 7, 8-24-2011)

9661.22. - Effect of state or federal law.

A.

In the event it is determined by the city attorney that state or federal law prohibits discretionary permitting requirements for certain wireless telecommunications facilities or wireless telecommunication collocation facilities, the permits required by this division for those facilities shall be deemed to be ministerial permits. Such a determination by the city attorney shall be in writing with citations to legal authority and shall be a public record. For those facilities, in lieu of a minor conditional use permit or a conditional use permit, a ministerial permit shall be required prior to installation or modification of a wireless telecommunications facility or a wireless telecommunications collocation facility, and all provisions of this division shall be applicable to any such facility with the exception that the required permit shall be reviewed and administered as a ministerial permit by the director rather than as a discretionary permit. Any conditions of approval set forth in this provision or deemed necessary by the director shall be imposed and administered as reasonable time, place and manner rules.

If subsequent to the issuance of the city attorney's written determination pursuant to subsection A. above, the city attorney determines that the law has changed and that discretionary permitting is permissible, the city attorney shall issue such determination in writing with citations to legal authority and all discretionary permitting requirements shall be reinstated. The city attorney's written determination shall be a public record.

(Ord. No. 11-387, § 7, 8-24-2011)

DIVISION 12. - MASSAGE ESTABLISHMENTS AND MASSAGE PRACTITIONERS AND THERAPISTS[[19]]

Footnotes:

--- ( 19 ) ---

Editor's note— Ord. No. 16-422, § 4, adopted April 27, 2016, amended Div. 12 in its entirety to read as herein set out. The former Div. 12, §§ 9662—9662.6, pertained to massage establishments and practitioners and derived from Ord. No. 11-392, § 8, adopted Jan. 11, 2012.

9662. • Purpose.

The purpose and intent of this division is to establish comprehensive regulations governing the provision of massage services in order to protect the public health, safety, and welfare by:

(1)

Requiring a clean and safe environment for massage treatments; and

(2)

Providing minimum standards for the conduct of massages.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.1 - Definitions.

[The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

CAMTC means the California Massage Therapy Council created under Chapter 10.5 (commencing with Section 4600) of Division 2 of the California Business and Professions Code.

Massage means the application of various techniques to the muscular structure and soft tissues of the human body, including, but not limited to, any method of pressure or friction against, stroking, kneading, rubbing, tapping, compressing, pounding, vibrating, rocking or stimulating of external surfaces of the body with hands or the aid of any apparatus or other appliances or devices, with or without supplementary aids such as rubbing alcohol, liniment, antiseptic, oil, powder, cream, lotion, ointment, or other similar preparations for any consideration or compensation.

Massage establishment means a business or establishment, including a sole proprietor or independent contractor, that offers massage services at a fixed place of business, and also includes all establishments or businesses where massage is provided as an ancillary service, such as gyms, clubs, day spas and professional offices where such massage is not otherwise exempt under this division.

Massage therapist means any person who gives or administers to another person for any form of consideration whatsoever a massage as defined in this section. The terms "massage therapist," "massage technician," "massage practitioner," or any other terms used within the massage industry that refer to one who performs massage, are included within this definition. Massage therapist also includes any person to whom a current and valid "massage therapist" or "massage practitioner" certificate has been issued by the CAMTC pursuant to Sections 4601 and 4604 of the California Business and Professions Code, or any successor provision thereto, and includes massage practitioner certificates issued prior to January 1, 2015, which may be renewed by the CAMTC.

Outcall massage means any massage performed by a massage therapist outside the massage establishment where the massage therapist is employed, or a massage administered by any person who is not employed by a fixed location massage establishment in the city.

Person means any individual, firm, association, partnership, corporation, joint venture, limited liability company or partnership, or combination of individuals in whatever form or character.

Specified anatomical areas means the following human anatomical areas: genitals; pubic regions; anus; and female breasts below a point immediately above the top of the areola.

(Ord. No. 16-422, § 4, 4-27-2016)

A.

No person shall perform massage for compensation of any kind, or otherwise act as a massage therapist in the city, including a therapist providing massage at a massage establishment or performing outcall massage, unless such person possesses a current, valid massage therapist or massage practitioner certification issued by the CAMTC, and provides massage services consistent with the requirements of the California Business and Professions Code. All certified massage practitioners and massage therapists shall annually file a copy of their CAMTC certification with the director.

B.

In addition to the requirement set forth in subsection A., no person shall own or operate a massage establishment within the city unless all persons providing massage at or on behalf of the massage establishment have a current and valid CAMTC certificate.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.3 - Massage establishment permit required.

A.

No person shall own or operate a massage establishment within the city without first obtaining a massage establishment permit (MEP) for the establishment, in accordance with the requirements of this division. A separate MEP shall be obtained for each establishment owned or operated by such person. Each person having any percentage of ownership interest in a massage establishment for which a MEP is applied for must comply with the requirements of this section. A MEP shall only be issued if the massage establishment complies with all requirements of this section and the Code, and the owner obtains and maintains a current and valid city business license. No MEP shall be issued at the same business address that was subject to a prior revocation or suspension within the previous two (2) years.

B.

A massage establishment owner shall obtain and continue to maintain a current and valid MEP for each massage establishment under his or her ownership in the city. A MEP is valid for a period of twelve (12) months, unless revoked or suspended, and shall be renewed annually prior to the expiration of the permit, or the permit will expire and a new permit shall be required.

C.

Each MEP application and renewal shall include the following:

A complete and accurate application on a form prescribed by the director and signed by the applicant. If the applicant does not own the property upon which the massage establishment is located, then the applicant shall provide written acknowledgement signed by the owner of the property indicating the owner is aware that the applicant intends to operate a massage establishment on the owner's property.

2.

A complete list of all services to be made available at the massage establishment.

3.

Clearly legible copies of the current and valid CAMTC certificate and identification card containing a recent photograph of each massage therapist who will provide massage service, including independent contractors, at the massage establishment.

4.

A list of all current employees and independent contractors performing massage, including each such person's telephone number, date of employment, and their duties, which shall match the register of employees identified in subsection 9662.6.I., except as required by this division.

5.

A statement signed by the massage establishment owner stating, under penalty of perjury under the laws of the State of California, that all information in the application is true and correct.

6.

The director may require additional information if necessary to determine whether the applicant satisfies all requirements of this division.

D.

Each MEP and MEP renewal shall be subject to the conditions outlined in sections 9662.6 and 9662.7 below, and the following requirements:

1.

No changes in services offered by the massage establishment shall be made without submitting the changes in writing and a revised schedule of services offered to the director within ten (10) business days of the change.

2.

If, during the term of an MEP, the permittee has any change in information provided on or concerning the original application or MEP renewal application, notification shall be made to the director in writing within ten (10) business days of the change.

If a massage therapist's CAMTC certification is suspended or revoked, the massage establishment shall not allow that person to provide massage services, including outcall massages, at, through, or in connection with the massage establishment.

4.

The massage establishment shall notify the director immediately upon the establishment's receipt of notice of any disciplinary action taken by the CAMTC regarding any of the establishment's massage therapists, and shall submit a copy of such notice to the director.

5.

Any act or omission of anyone providing massage or performing any other service at the massage establishment's location, whether as an employee or an independent contractor, which constitutes a violation of this division or grounds for revocation of a MEP, shall also be deemed to be an act or omission of the permittee, the massage establishment, and/or all of its owner(s).

6.

Each massage establishment shall be operated at all times in compliance with all federal, state and local laws, and the requirements of this division.

E.

Grounds for suspension or revocation. The director may suspend or revoke a MEP based on substantial evidence that any of the following has occurred:

1.

The permittee has made any false, misleading or fraudulent statement of material fact in any application, report or record filed with the city.

2.

The permittee, or an employee, independent contractor, owner, agent, partner, director, stockholder, or manager of the massage establishment business has failed to comply with any of the requirements or conditions of this division; has allowed or permitted, with or without personal knowledge, the occurrence of criminal activity on the premises of the massage establishment business; has committed a misdemeanor, felony or any violation of this division in the conduct of the massage establishment business; or has failed to abide by any disciplinary action previously imposed by the city in connection with the provision of massage.

3.

An individual who is not a certified massage therapist or practitioner, or whose CAMTC certification is suspended or revoked, has provided massage at the massage establishment while such suspension or revocation is in effect.

One (1) or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or 653.22, or any successor provisions thereto, have taken place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether they occurred with or without the actual knowledge of the permittee.

5.

The permittee has been subject to a permanent injunction against conducting or maintaining a nuisance pursuant to the Code or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.

6.

The permittee or anyone acting on behalf of the permittee has refused to permit inspection by the city to verify compliance with all requirements of the MEP and/or this division.

F.

Upon determining that grounds for MEP suspension or revocation exist, the director shall provide written notice of the suspension or revocation to the permittee. The notice shall be mailed, postage prepaid, and addressed to the last known address of the permittee, or shall be personally delivered to the permittee, and shall include reasons for the suspension or revocation.

G.

Any aggrieved person may appeal the decision of the director approving, denying, revoking or suspending a MEP to the planning commission pursuant to section 9804.5 of the Code.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.4 - Business license required.

A.

A separate city business license shall be obtained, pursuant to chapter 8 of title VI of the Code, for each separate massage establishment owned or operated by the same person.

B.

No person shall provide outcall massage services within the city without first obtaining a city business license pursuant to chapter 8 of title VI of the Code.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.5 - Exceptions.

A.

Except as provided in subsection B., or as otherwise provided by law, the requirements of this division do not apply to the following classes of individuals while they are engaged in the performance of their respective professions in connection with and on the premises of a business licensed to provide such professional services:

1.

Physicians, chiropractors, osteopaths, podiatrists, physical therapists, registered nurses or vocational nurses duly licensed to practice their respective profession in the State of California under the provisions of the California Business and Professions Code, while performing activities encompassed by such professional licenses.

2.

Other healthcare personnel, including acupuncturists, engaged in the healing arts that are regulated and licensed by the State of California pursuant to Division 2 of the California Business and Professions Code.

3.

Barbers or cosmetologists, including estheticians, electrologists, and manicurists carrying out their particular occupation or business, who are duly licensed by the State of California, including trainees and interns under supervision of such a licensee, provided that nothing in this subsection shall authorize such individuals to provide massage services beyond the scope of the individual's license or certificate, and such massage is limited solely to the neck, face, scalp, feet, hands, arms, and lower limbs up to the knees, of their patrons. Nothing in this subsection shall exempt any establishment from the CAMTC certification requirements provided in this chapter if massage services are provided by anyone other than a person made exempt pursuant to this subsection A.3., and who is acting within the scope of his or her license.

4.

State-licensed hospitals, nursing homes, and other state-licensed physical or mental health facilities and their employees.

5.

Athletic trainers certified by the State of California performing training services at professional, amateur or school athletic events or facilities, so long as such persons do not practice massage therapy as their primary occupation.

6.

Registered schools and their employees that provide massage therapy education or training and their students in training, provided that such students perform massage therapy only under the direct personal supervision of an instructor.

B.

Any individual who is not exempt from the requirements of this division and who is employed by any person or persons duly exempted under subsection A. of this section and administers massage services within the

scope of his or her employment may not provide massage services without a massage therapist or massage practitioner certification from the CAMTC.

(Ord. No. 16-422, § 4, 4-27-2016)

Each massage establishment shall comply with the following operations and facilities requirements, which shall be conditions of the MEP:

A.

Hours of operation. No massage establishment shall provide massage or be open for business between the hours of 9:00 p.m. and 7:00 a.m. Clients and visitors shall be excluded from a massage establishment during the foregoing hours.

B.

Signs. A recognizable and legible sign complying with the requirements of the Code shall be posted at the main entrance identifying the location as a massage establishment.

C.

CAMTC certificate. At the massage establishment, each massage therapist shall display his or her original certificate wherever he or she provides massage for compensation.

D.

CAMTC identification card. All massage therapists must maintain on their persons, or on the premises, their CAMTC certificate and CAMTC identification card with current photograph.

E.

Lighting. Minimum lighting shall be provided in accordance with the building code and, in addition, at least one (1) artificial light of not less than forty (40) watts (four hundred fifty (450) lumens) with a dimmer function allowed, shall be provided in each enclosed room or booth where massage services are being performed on a patron.

F.

Locking of premises.

1.

The doors to any cubicle, room, booth or other area in which massage services are provided may only be locked when staff is unavailable to assure the security of patrons and massage therapists who are behind closed doors.

2.

The exterior doors of the premises of a massage establishment, excepting entrances reserved for employees and deliveries, may only be locked during business hours if the massage establishment is owned by one (1) person with one (1) or no employees or independent contractors.

G.

Ventilation. Minimum ventilation shall be provided in accordance with the city building code.

H.

Recording of activities prohibited. No room or part of the building where massage is being conducted, and no restrooms or changing rooms, shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping, for monitoring the activities, conversation, or other sounds.

I.

Register of employees. Each massage establishment must maintain a current register of all employees and independent contractors providing massage. The register must contain the names of all employees, their telephone number, date of employment and termination, if any, and their duties. All such information must be maintained in the register for a period of two (2) years following such employee's termination. Such employee register must be available for inspection at the massage establishment to representatives of the city during regular business hours. An amended copy of the written register shall be provided to the director within ten (10) days of hiring of an employee or contracting with an independent contractor and upon termination of services of each massage therapist at the establishment. Attached to the register shall be a statement, signed by the owner upon issuance of the MEP and each time the register is amended as required herein, stating under penalty of perjury under the laws of the State of California that all of the information in the written register is true and correct.

J.

Patron facilities. Adequate dressing and toilet facilities shall be provided for patrons.

K.

List of services and price rates. A list of services provided and price rates shall be prominently displayed in a location visible to customers upon entry to the business. Only services identified in the list of services displayed at the massage establishment and submitted as part of the MEP application and renewal shall be provided.

L.

All applicable ordinances, laws, rules and regulations shall be obeyed at all times.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.7 - Massage establishment health, safety, and physical hygiene requirements.

Each massage establishment must comply with the following requirements, as applicable, which shall be conditions of the MEP:

A.

Therapist attire and hygiene. All employees and massage therapists shall be dressed appropriately in clean, opaque clothing that does not expose specified anatomical areas, as defined in this division, when administering massage in or upon the premises. "Dressed appropriately" shall further mean clothing which, at a minimum, provides complete coverage from mid-thigh to three (3) inches below the collarbone. Any uniforms approved or required by the massage establishment shall comply with these requirements. There shall be no nudity by employees of the establishment or massage therapists, and employees and therapists shall not reveal specified anatomical areas, as defined in this division, while customers or patrons are present. All therapists shall thoroughly wash their hands and arms with hot water and soap before and after each massage treatment.

B.

Patron attire. All patrons shall be appropriately draped with a clean, opaque cloth sufficient to cover specified anatomical areas while receiving massage services. All bathrobes or other garments provided for the use of patrons must either be disposed of after any use or laundered before their next use.

C.

Washbasins. A minimum of one (1) separate wash basin shall be provided in each massage establishment for the use of employees of any such establishment, which basin shall provide soap or detergent and hot and cold running water at all times, and shall be located within or as close as practicable to the area devoted to the performing of massage services. There shall also be provided at each washbasin sanitary towels placed in permanently installed dispensers.

D.

Maintenance of premises and equipment.

1.

All walls, ceilings, floors, pools, showers, bathtubs, saunas, steam rooms and all other physical facilities for the establishment shall be in good repair and maintained in a clean and sanitary condition. The walls in all rooms where water or steam baths, or showers, are given shall have a washable, mold-resistant surface.

2.

Wet and dry heat rooms, steam or vapor rooms, showers and toilet rooms shall be thoroughly cleaned each day the business is in operation. Bathtubs shall be thoroughly cleaned after each use.

3.

Clean and sanitary towels and linens shall be available for each person receiving massage services. No common use of towels or linens shall be permitted. Reuse of towels and linens shall be prohibited unless

such towels and linens have first been laundered. Enclosures shall be provided for the separate storage of clean and soiled linen, and shall be plainly marked "clean linen" and "soiled linen."

4.

Disinfecting agents and sterilizing equipment shall be provided for any instruments used in administering any massage, and shall be disinfected and sterilized after each use.

5.

A massage table or chair must be provided in each massage room, and the massage must be performed on this massage table or chair with the exception of "Thai," "Shiatsu," or similar forms of massage, which may be provided on a padded mat on the floor. Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. A clean sheet or other effective sanitary covering shall be placed over a padded floor mat, and any floor area upon which a patron may lie, in the course of receiving a massage. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle. Foam pads more than four (4) inches thick or more than four (4) feet wide may not be used. Beds, mattresses and water beds may not be used in the administration of a massage.

6.

All liquids, creams, or other preparations used on, or made available to, patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

E.

Persons using illegal drugs or alcohol prohibited. No alcoholic beverages shall be sold, served, furnished, kept, or possessed on the premises of any massage establishment. A person shall not enter, be, or remain in any part of a massage establishment while in the possession of, consuming or using any alcoholic beverage or illegal drugs. The business licensee, manager, and every supervising employee shall not permit any such person to enter or remain upon such premises.

F.

Improper solicitation or performance of services. Except to the extent required in writing by a state-licensed medical practitioner, no massage therapy may be provided to a patron that results in intentional contact, or occasional and repetitive contact with the genitals, anus or areola of any patron. No massage therapist may offer to or perform any act of a sexual nature for compensation.

(Ord. No. 16-422, § 4, 4-27-2016)

A.

Each massage therapist performing outcall massage shall maintain on his or her person the following:

1.

Current and valid CAMTC identification card with recent photograph.

2.

Copy of current and valid CAMTC certificate.

3.

Copy of current and valid city business license.

B.

No outcall massage shall be conducted between the hours of 9:00 p.m. and 7:00 a.m.

C.

No outcall massage shall be performed by a massage therapist whose CAMTC certification has been suspended or revoked, while such suspension or revocation is in effect.

D.

Each massage therapist performing outcall massage shall comply with the portions of Business and Professions Code Section 4609(a) relating to sexual acts, including not allowing certificate holders: to engage in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation; to engage in sexual activity while providing massage services for compensation; to provide massage of the genitals or anal region; or to provide massage of female breasts without the written consent of the person receiving the massage and a referral from a licensed California health care provider.

E.

Outcall massage health, safety, and physical hygiene requirements.

1.

All massage therapists shall be dressed appropriately in clean, opaque clothing that does not expose specified anatomical areas, as defined in this division, when administering massage. There shall be no nudity by massage therapists while engaging in outcall massage, and therapists shall not reveal specific anatomical areas, as defined in this division, while customers or patrons are present. All therapists shall thoroughly wash their hands and arms with hot water and soap before and after each massage treatment.

2.

All patrons shall be appropriately draped with a clean, opaque cloth sufficient to cover specified anatomical areas while receiving massage services.

Clean and sanitary towels and linens shall be provided for each patron receiving massage services.

4.

Disinfecting agents and sterilizing equipment shall be provided for any instruments used in administering any massage, and shall be disinfected and sterilized after each use.

5.

Standard or portable massage tables shall be used with a durable, washable plastic or other waterproof material as a covering. For "Thai," "Shiatsu," or similar forms of massage, which may be provided on a padded mat on the floor, a clean sheet or other effective sanitary covering shall be placed over a padded floor mat, and any floor area upon which a patron may lie in the course of receiving a massage. Heavy white paper may be substituted for sheets, provided that such paper is used once for each person and then discarded into a sanitary receptacle. Foam pads more than four (4) inches thick or more than four (4) feet wide may not be used. Beds, mattresses and water beds may not be used in the administration of a massage.

6.

All liquids, creams, or other preparations used on, or made available to, patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion.

(Ord. No. 16-422, § 4, 4-27-2016)

No person possessing a city business license and performing massage or having a MEP shall operate under any name or conduct business under any designation not specified in the license.

(Ord. No. 16-422, § 4, 4-27-2016)

Any and all investigating officials of the city, or county of Los Angeles, as applicable, shall have the right to enter massage establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing, or health and safety regulations, and to ascertain whether there is compliance with the provisions of this division.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.11 - Prohibited advertising practices.

A.

It is unlawful for any person who does not possess a CAMTC certification, and for any massage establishment that employs such a person, to:

1.

State or advertise or place any sign or card or any device, or to represent to the public through any print or electronic media, that such person is certified, registered, or licensed by a governmental agency as a massage therapist or practitioner.

2.

Hold one's self out as, or use the title of "certified massage therapist," "certified massage practitioner," or any other term, such as "licensed," "registered," or "CAMTC," that implies or suggests that such person holds certification issued by the CAMTC.

B.

Massage establishments and/or massage therapists shall not advertise material depicting the human body, or containing language, either of which would suggest that any other services are available other that those described in the schedule of services.

(Ord. No. 16-422, § 4, 4-27-2016)

The provisions of this division regulating massage establishments and massage therapists and practitioners are not intended to be exclusive, and compliance therewith shall not excuse noncompliance with any other applicable provisions of the Code or other law.

(Ord. No. 16-422, § 4, 4-27-2016)

9662.13 - Conflicts.

If the provisions of this division conflict with or contravene other provisions of the Code, the provisions of this division shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. No. 16-422, § 4, 4-27-2016)

Any massage establishment that was validly permitted as of the effective date of the ordinance from which this section derived to operate a massage establishment must apply for and obtain a MEP within one hundred eighty (180) days of the effective date of said ordinance.

(Ord. No. 16-422, § 4, 4-27-2016)

DIVISION 13. - OBJECTIVE DESIGN STANDARDS FOR MULTIPLE FAMILY DWELLINGS

9663.1. - Purpose, intent, and applicability.

A.

This chapter establishes objective design standards for new or redeveloped multi-family residential developments and/or mixed-use developments, either solely of residential use or as part of a mixed-use residential-commercial development that has at least a two-thirds residential component in terms of floor area. This includes but is not limited to duplexes, triplexes, townhouses, row houses, flats, and multi-story, mid-rise building types. The objective design standards draw from and complement existing design criteria set forth in land policy documents adopted by the city and primarily the City of Agoura Hills General Plan.

B.

These objective design standards are intended to achieve and maintain high-quality site planning and building design for neighborhood standards and districts where new development is proposed, and to facilitate development designed and constructed in a manner that conforms to community design priorities. The purpose of the objective design standards is to reduce barriers to the development of housing for very low-, low-, and moderate-income households by accelerating housing production through the clear communication of design objectives and streamlined review for qualifying multi-family and mixed-use development projects.

C.

This chapter does not apply to single-family homes, historic properties, commercial-only projects, and any other non-residential developments.

(Ord. No. 22-461, § 8, 8-24-2022)

9663.2. - Relationship to other standards and requirements.

A.

Standards for applicable zoning district. These objective design standards supplement and are in addition to the development standards for the applicable zoning district in which a proposed project is located. Article IX of the Code of Ordinances establishes the Zoning Regulations of the City of Agoura Hills. Where conflict between these objective design standards and other provisions of article IX exists, the provisions of this article IX, chapter 6, division 13 shall govern.

B.

Subdivision regulations. Article X of the Code of Ordinances establishes regulations for the subdivision of land. Where conflict exists between these objective design standards and the provisions of article X, the provisions of this article IX, chapter 6, division 13 shall govern.

(Ord. No. 22-461, § 8, 8-24-2022)

The terms used in this division 13 shall have the following meanings:

Access, primary. The entrance to a building that is oriented toward the front lot line, an abutting public or private street, or common parking area.

Access, secondary. An entrance to a building located and oriented toward a side or rear lot line.

Active open space. Any open space that is used for sports, exercise, or active play. It can include but is not limited to amenities such as playgrounds, exercise machines, and athletic fields.

Architectural articulation. The breaking up of a flat and uniform building façade by using wall indents, changes in building materials, and detailed projecting features such as stoops, bay windows, awnings, and balconies.

Earth tone. Colors found in nature that have a variety of hues that have brown undertones, including rust, marigold, burnt sienna brown, terracotta, sage, and turmeric. For the purposes of this definition, brown shall mean a hue with a hexadecimal RGB code of 964B00.

Foundation water. Water that collects around the foundation and basement/crawlspaces of structures from groundwater or drainage from stormwater runoff.

Green walls. Vertical structures that have different types of plants or other greenery attached to them, with the greenery planted in a growth medium consisting of soil, stone, or water and as needed, having an integrated irrigation system.

Habitat. The natural home or environment of an animal, plant, and/or other organism and more specifically, any such environment in the City of Agoura Hills identified in the City of Agoura Hills General Plan, by the California Department of Fish and Wildlife (CDFW), and/or by the U.S. Department of Fish and Wildlife (USDFW).

Historic property. Any real property and/or development on a real property that is included on the National Register of Historic Places, the California Register of Historical Resources, and/or any local City of Agoura Hills historic resources registry that may be established.

Low impact development (LID) infrastructure. Systems and practices related to the control of urban runoff that use or mimic natural processes, with the purpose of increasing infiltration, facilitating evapotranspiration, and allowing for productive use and reuse of stormwater to protect water quality and associated aquatic habitat.

Low-income household. A household whose income is between fifty (50) and eighty (80) percent of the area median income, as defined by the U.S. Department of Housing and Urban Development, for the county in which the household is located.

Moderate-income household. A household whose income is between eighty (80) and one hundred twenty (120) percent of the area median income, as defined by the U.S. Department of Housing and Urban Development, for the county in which the household is located.

Objective. Involving no personal subjective judgement by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official.

Passive open space. Any open space area that is not specifically created for physical activities.

Special status plant or animal species. Shall include any state and/or federally listed plant or animal species, including those identified as candidate, sensitive, or special status species in local or regional plans, polices, or regulations, or by the CDFW or USFWS.

Very low-income household. A household whose income does not exceed fifty (50) percent of the area median income, as defined by the U.S. Department of Housing and Urban Development, for the county in which the household is located.

(Ord. No. 22-461, § 8, 8-24-2022)

9663.4. - Environmental considerations.

A.

Habitat Protection.

1.

The project shall not conflict with state or federal regulations pertaining to special status plant or animal species, unless the applicant/developer obtains the required permit(s) from the CDFW or USFWS. Where conflicts exist, federal law shall govern.

2.

The project shall provide and maintain a minimum 100-foot buffer on site from any on-site or off-site special status plant species. A minimum 50-foot buffer shall be maintained from those special status plant species identified in local or regional plans, policies, or regulations. No soil disturbance, landscaping (except that related to restoration of such plant species), or placement of structures, including buildings, driveways, pedestrian paths, or infrastructure, shall be established within the buffer. Where conflicts exist, federal law shall govern.

3.

The project shall not result in the taking of any migratory bird species protected by the Federal Migratory Bird Treaty Act without prior authorization by the USFWS. Nesting bird surveys shall be conducted by a qualified professional biologist no more than seven (7) days prior to the beginning of any project-related physical activity, such as vegetation clearance, use and transport of equipment, mobilization, and construction, likely to impact migratory songbirds or raptors that occurs between January 1 and September 15, the bird nesting season. If such project activity ceases for longer than seven (7) days, additional surveys shall be conducted prior to re-commencing the activity. If such species are identified, a no-disturbance buffer of three hundred (300) feet around active perching birds and songbirds shall be implemented. A nodisturbance buffer of five hundred (500) feet around active non-listed as threatened or endangered raptor nests and one-half (0.5) mile around active listed birds shall be implemented. The buffers shall be

maintained until the breeding season has ended or until a qualified professional biologist has determined that the birds have fledged and are no longer reliant upon the nest or parental care for survival. Where conflicts exist, federal law shall govern.

B.

Visual Resources.

1.

For properties that abut an open space resource as defined in the general plan (Figure NR-1), no project shall obstruct the view of an open space resource from passersby on the site's adjacent rights-of-way by more than twenty-five (25) percent of the length of the project site. Where a site is located along two (2) or more public streets, an average of the overall frontage length shall be used. Open space resources shall be limited to include Ladyface Mountain, Strawberry Hill, Morrison Ranch Hills, Palo Comado Hills, and Simi Hills. The measurement shall be made from the nearest edge of the nearest vehicle travel lane from the project site.

2.

For properties that abut a primary or secondary ridgeline as defined in the General Plan (Figure NR-1), no project shall obstruct the view of a primary or secondary ridgeline from passerby on the site's adjacent rights-of-way by more than twenty-five (25) percent of the length of the project site. Where a site is located along two (2) or more public streets, an average of the overall frontage length shall be used. The measurement shall be made from the nearest edge of the nearest vehicle travel lane from the project site.

3.

New development shall not be constructed within three hundred (300) feet from the top of a primary and secondary ridgeline identified in Chapter 4 Natural Areas, Figure NR-1 (Open Space Resources) of the City of Agoura Hills General Plan.

4.

To preserve public view to the resources identified in subparagraphs 1 and 2 above, the location and design of developments shall incorporate a minimum of two (2) of the following approaches:

a.

Clustering on-site development;

b.

Locating buildings lower on hillside slopes;

c.

Lowering roof pitches;

d.

Increased setbacks or increased building step-backs;

e.

Providing view corridors between proposed buildings, with any one (1) corridor being not less than twenty (20) feet wide;

f.

Providing views over the tops of proposed buildings.

C.

Open space resource areas.

1.

All projects adjacent to open space resource areas shown in the general plan, chapter 4, natural areas, figure NR-1 (open space resources) shall establish and maintain a transition zone of a minimum width of one hundred (100) feet between any proposed dwelling unit and the designated open space area. The purpose of the transition shall be to protect the natural resources identified within the open space area and to allow for interconnection of adjacent open space areas, including any trails, trailheads, and parking areas identified in the general plan, chapter 3, community services, figure CS-3 (trails network).

2.

No fencing or other barriers shall be established that prevent public access to trailheads.

D.

Natural drainage ways and water quality protection.

1.

All projects shall comply with the State Water Resources Control Board (SWRCB)/Regional Water Quality Control Board (RWQCB) National Pollution Discharge Elimination System (NPDES) construction general permit/MS4 permit, and for which a stormwater pollution prevention plan (SWPPP) and standard urban stormwater mitigation plan (SUSMP) have been prepared, if required per the MS4 permit.

2.

All projects shall comply with Agoura Hills Municipal Code Section 5507 (Low Impact Development Requirements for New Development and Redevelopment).

3.

All projects shall comply with Los Angeles County Waterworks District requirements.

4.

Low-impact development (LID) infrastructure, designed and maintained to the satisfaction of the city engineer, shall be used in parking areas, accessways, and landscaped areas to promote groundwater recharge and water quality protection.

Any necessary upgrades or construction of new stormwater drainage facilities shall be designed in compliance with Los Angeles County Flood Control District (county public works department) objective standards and in compliance with state and federal law.

6.

No development shall occur within a Los Angeles County flood hazard zone or special flood hazard area unless such development is consistent with the standards of article III, chapter 7 floodplain management of the Agoura Hills Municipal Code, HMC, and without prior approval of a conditional letter of map revision/letter of map revisions from Federal Emergency Management Agency, as applicable.

(Ord. No. 22-461, § 8, 8-24-2022)

9663.5. - Connectivity and pedestrian accommodation.

A.

Sidewalks, parkways, street trees, and landscaping on public property shall be provided consistent with standards established by the public works department.

B.

Pedestrian pathways that are immediately accessible from a building when exiting or entering shall be provided between the public sidewalk and such primary building entry.

C.

Within a development, sidewalks and pedestrian pathways shall be provided to connect parking areas to buildings within the development, and to connect individual buildings within a development to each other. Sidewalks and pedestrian pathways shall also be provided to connect the site to any public trails adjacent to site.

D.

For on-site sidewalks and pedestrian pathways that connect public sidewalks and/or on-site surface parking areas to primary building entrances, and where such connections are one hundred (100) lineal feet or longer, shading shall be provided either in the form of native canopy trees planted on both sides of the pathways at intervals of no less than thirty (30) feet or a trellis structure that covers the pathway.

E.

Where a parking structure is provided, pedestrian accessways shall be located a minimum of ten (10) feet distance from vehicular driveways and aisles.

F.

On-site interior sidewalks and pedestrian pathways that are not part of the public right-of-way shall be a minimum width of six (6) feet for those serving a primary access and four (4) feet for secondary access.

G.

Decorative paving materials shall be used on all interior pathways, with such paving materials consisting of stamped or scored concrete, interlocking unit pavers, tiles, stoneware, or grasscrete. Any such material used shall be slip resistant. The surface of pathways shall remain continuous even at driveways and maintain a continuous cross slope of no greater than two (2) percent.

H.

All pedestrian pathways shall be lit by lighted bollards or similar low, ground-mounted lighting fixtures at intervals of a minimum of two hundred (200) feet. All lighting fixtures shall be shielded and downward facing.

(Ord. No. 22-461, § 8, 8-24-2022)

A.

Building layout and orientation. The primary orientation of a building or unit entrance in multi-family residential development or residential component of a mixed-use development shall be designed in accordance with the following standards:

1.

Buildings facing a public or private street shall have front entry features oriented to such street.

2.

The nonresidential components of a mixed-use development shall face primary street frontages and public sidewalks.

3.

Where a site is located along two (2) or more public streets, the primary building entry shall be oriented toward the street with the highest classification. If a parcel fronts two (2) public streets of equal classification, either frontage may be used to meet the standard.

4.

Buildings that are not adjacent to a public or private street shall have front entries that are oriented to interior common areas such as paseos, courtyards, and useable open space.

B.

Cul-de-sacs. Any cul-de-sac or other dead-end street—either public or private—longer than three hundred (300) feet shall be connected to other internal or external streets by a pedestrian pathway.

C.

Parking and driveways.

Parking areas shall be designed to provide direct and separate pedestrian and handicap access from all building to the parking areas. This can be accomplished by using design features such as ramps, walkways with district paving, plazas, arcades, courtyards, and/or special landscape treatment areas and street sidewalks as an extension of the pedestrian circulation system within the project.

2.

Surface parking lots shall not be located between a building and a public street.

3.

Where parking standards per article IX, chapter 6, division 4, off-street parking, loading, and landscaping parking require provision of seventy-five (75) or more parking spaces, parking areas shall be divided into a series of connected small lots, with each lot containing no more than seventy-five (75) spaces.

4.

In all parking lots, the color and texture of paving materials for pedestrian pathways shall be different from the color and texture of paved vehicular areas. The purpose is to provide a clear distinction between pedestrian and vehicular travelways.

D.

Parking structures.

1.

Parking structures shall not occupy more than forty (40) percent of project site frontage onto a primary or secondary arterial street.

2.

All parking structure walls facing a public right-of-way and any other parking structure wall greater than twenty-five (25) feet in length shall include design features consisting of textured surfaces, articulation, murals, and/or landscaping covering a minimum of fifty (50) percent of the wall surface area at full growth. The design of all parking structure walls shall include the same materials, colors, and surfaces as other buildings associated with the development. For the purpose of this subsection, articulation includes faux windows, arches, grillwork, building offsets, and stone/tile building materials.

3.

Where landscaping is used on the parking structure surface, the landscaping shall be established and maintained to cover at least the lower twelve (12) feet of the parking structure wall(s).

4.

Mechanically or person-controlled entrances to structured parking shall be located a minimum of twenty (20) feet from the back of sidewalk, and the use of controlled entrances shall be limited to the portion of structured parking that provides resident-only parking spaces. At controlled residential entrances, space

shall be provided to allow a vehicle to turn around without backing into the street. Access to residential guest and delivery parking spaces shall be located in an area outside of any controlled entrance point.

E.

Loading areas. Loading areas for the commercial components of mixed-use developments shall be located out of view of any public right-of-way and shall be shielded or enclosed to ensure compliance with the noise standards set forth in article IX, chapter 6, division 6 (noise regulations).

F.

Landscaping. In addition to the open space requirements of each zoning district, all multi-family residential and mixed-use developments shall design landscaped areas subject to the following standards:

1.

Landscaping shall be provided in all outdoor areas that are not specifically used for parking, driveways, walkways, patios, or required amenities. Existing native planting can be used to satisfy this standard.

2.

At least five (5) different species of shrubs and groundcovers shall be used.

3.

Where not otherwise specified in this article for the zoning district in which a project is located, trees within landscaped areas shall be provided at a minimum size of 24-inch box.

4.

Trees shall consist of both evergreen and deciduous varieties, the distribution of which shall be the applicant's choice.

5.

75 percent of all landscape plantings shall consist of native, drought-tolerant species selected from those listed by the California Native Plant Society in the Calscape website specific to Agoura Hills.

6.

For established oak trees, no planting, soil disturbance, or irrigation shall occur within a distance of six (6) feet or twenty-five (25) percent of the total canopy width from the trunk in any direction, whichever is greater. For newly planted oak trees, no planting shall occur within four (4) feet of the tree trunk.

7.

Landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance shall conform to the requirements of the California State Model Water Efficient Landscape Ordinance to achieve water efficient landscaping.

(Ord. No. 22-461, § 8, 8-24-2022)

9663.7. - Building design.

A.

Building design reference guide. For the purpose of defining architectural styles as set forth in this section, the reference guide shall be the most currently published version of A Field Guide to American Houses: the definitive guide to identifying and understanding America's domestic architecture by Virginia Savage McAlester.

B.

Massing and Articulation.

1.

Starting with the second floor, each building floor on the sides and front of a building shall be stepped back from the previous floor a minimum of six (6) feet starting with the first floor building plane, as shown on figures 9663.7A and 9663.7B.

2.

Intrusion into the step-back plane is allowed for up to twenty-five (25) percent of the façade plane, up to the maximum allowed building height, as shown in figure 9663.7C.

==> picture [216 x 202] intentionally omitted <==

Figure 9663.7A

==> picture [337 x 179] intentionally omitted <==

Figure 9663.7B

==> picture [300 x 206] intentionally omitted <==

Figure 9663.7C

3.

Intrusion into the step-back plane is allowed for up to twenty-five (25) percent of the façade plane, up to the maximum allowed building height, as shown in figure 9663.7C.

4.

All building façades facing a public or private street shall be articulated for at least eighty (80) percent of each façade length. All other building façades shall be articulated for at least sixty (60) percent of each façade length. The massing of facades shall be broken up using a combination of at least three (3) of the following approaches:

a.

Use of recessed and/or protruding window openings and entrances and similar relief.

b.

Balconies.

c.

Bay windows.

d.

Recessed glazing and storefronts by at least six (6) inches.

e.

Vertical pilasters that reflect internal building structure and/or are integral to the selected architectural style.

f.

At least two (2) changes in color and texture along wall surfaces.

g.

Indented portions of walls that articulate masses in the facade.

h.

Trims, projections, and reveals along different levels of wall surfaces.

i.

Cantilevers.

5.

All side and rear building facades shall incorporate architectural detailing consisting of at least three (3) of the approaches itemized in 3.a above.

6.

Bay windows shall project at least two (2) feet but no more than three (3) feet.

7.

Balconies shall have a minimum depth of four (4) feet.

8.

The vertical emphasis of architectural design elements shall be minimized by use of a minimum of three (3) of the following approaches:

a.

Incorporate elements such as horizontal bands, reveals, trims, and overhangs along different levels of the wall surface.

b.

Limit towers or pilasters to a maximum of one (1) story in height.

c.

Limit tower elements to one (1) per building.

d.

Vary the spacing and distribution of architectural elements and details along building facades.

e.

Entry treatments should not extend above the first story of the building.

9.

Using the building design reference document identified in subsection 9663.7A, projects shall identify an architectural design style and include at least five (5) of following features consistent with the descriptions of following elements of a single specific style, with roof type and characteristic pitch required to be at least one (1) of the five (5) features:

a.

Roof type and characteristic pitch;

b.

Roof rake, eve overhang and cornice detail;

c.

Wall façade symmetry or asymmetry and detail;

d.

Wall material and arrangement relative to roof;

e.

Window type, relative proportion, shape, and detail;

f.

Door type, relative proportion, shape, and detail;

g.

Porch type, relative proportion, shape, and detail.

C.

Roof treatments.

1.

Visual interest shall be created through the integration of a minimum of two (2) different roof forms (orientation, pitch, height) and designs along a building facade. Such roof forms shall be used on all sides of the building.

2.

Mansard roofs shall be prohibited.

3.

Flat roof areas shall not be used on more than twenty-five (25) percent of the overall roof area and where used, shall match the color of the roofing material. Green roofs are exempt from this requirement and shall have no maximum limit on the overall extent of the flat roof area, and green roofs shall be of a color typical of healthy, low maintenance planting material.

4.

Barrel-shaped red tile roof materials are prohibited.

5.

Roof lines shall be vertically articulated along the street frontage by at least two (2) of the following architectural elements:

a.

Varying cornices;

b.

Clerestory windows;

c.

Varying roof height;

d.

Varying roof form.

6.

Roof-mounted mechanical units shall be incorporated into the design of roof through increased slope, screening, or enclosures. Roof-mounted equipment shall be fully screened. Screening and enclosures must match the materials, colors, and style of the building architecture.

Gutters and other means to collect rainwater from roof runoff shall be integrated into roofing design and in colors and styles consistent with the roofing materials.

8.

Exterior roof ladders shall be prohibited. Access to the roof shall only be provided from the interior of a building.

9.

Green roofs may be used as described in section 9663.8 (sustainable design).

D.

Mixed-use ground floor.

1.

Mixed use buildings with ground-floor retail/commercial use.

a.

Floor-to-ceiling heights of ground-floor commercial spaces shall be at least twelve (12) feet.

b.

Ground-floor entrances for commercial uses shall be designed to be level with the elevation of the adjacent public sidewalk or at least not more than two (2) feet above or below the immediately adjacent sidewalk grade.

c.

Entries to stores and ground-floor commercial uses shall be distinct from the rest of the building façade using at least two (2) of the following:

1.

Change in scale;

2.

Contrasting materials, glazing and color;

3.

Projecting or recessed forms and awnings.

d.

Any street level façade where retail, recreational, or civic uses are planned shall consist of at least sixty (60) percent window area. Tint lower than seventy (70) percent visible light transmission (VLT), mirrored, or

reflective glass shall be prohibited.

2.

Ground-floor residential use.

a.

Within mixed-use developments, ground-floor residential uses immediately adjacent to the sidewalk shall be separated from the public sidewalk by a minimum of two (2) feet and not more than three (3) feet. If the ground floor residential uses are setback at least ten (10) feet, this requirement does not apply.

b.

Where ground-floor porches are provided, the depth of the porch shall be at least three (3) feet.

c.

Residential uses on the ground floor along a primary roadway, other than residential entries and associated porches/stoops/patios, shall be prohibited.

E.

Doors and windows.

1.

Horizontal window bands greater than forty (40) feet shall be prohibited.

2.

Windows within forty (40) feet and facing a residential use on an adjacent property, shall be placed to avoid direct lines of site to windows on the adjacent property. Exceptions are allowed where the windows on the proposed development are opaque or otherwise treated to obscure views (see exhibit).

==> picture [348 x 301] intentionally omitted <==

3.

Weather protection shall be provided at individual residential unit entries and primary entrances to commercial uses by providing a minimum of one (1) of the following treatments:

a.

Overhangs;

b.

Awnings;

c.

Porch roofs;

d.

Trellis;

e.

Canopy.

4.

Garage doors shall include at least one (1) detail treatments such as:

a.

Windows;

b.

Paneled surface;

c.

Use of a minimum of two (2) colors;

d.

Use of a minimum of two (2) textured surfaces.

F.

Façade materials treatments.

1.

Material transitions along any façade shall only occur on the inside corner of plane change. When material changes need to happen in the same plane, trims, cornices, or other architectural elements shall be used to create a corner for material transition.

2.

For buildings taller than two (2) stories, the use of stucco shall be limited to a maximum of sixty (60) percent of any façade that faces a street or open space.

3.

For buildings that are two (2) stories or taller, unbroken multi-story sections of the same material, texture, or color shall not be used for more than sixty-five(65) feet of façade length and more than two-thirds (⅔) of the number of floors in height, as illustrated in Figure 9663.7D.

==> picture [360 x 177] intentionally omitted <==

Figure 9663.7D

The following materials are permitted for exterior façades and considered primary, secondary, or accent and can be used in relation to their designation (see section 9663.3, definitions). Materials listed as prohibited or omitted altogether shall be prohibited.

KEY

• P: Primary or Secondary Material

• S: Secondary Material Only

• A: Accent Material

N: Prohibited

At least two (2) materials shall be used on any building façade, in addition to glazing, railings, and trim. A primary material must constitute at a minimum of twenty (20) percent of any building façade, excluding windows and railings.

6.

Buildings with false facades or false fronts, exclusive of parapets used to shield rooftop equipment, are prohibited.

G.

Color and materials.

1.

An earth-tone color palette shall be required for all structures.

2.

The use of fluorescent or neon colors is prohibited.

3.

The number of colors appearing on the entire building exterior shall be limited to a maximum of four (4) colors (or four (4) tones of the same color), including trim and accent colors.

4.

Buildings shall utilize a minimum of two (2) colors on all facades, inclusive of trim. Changes in color due to a change in building material are not considered an additional color.

H.

Security Considerations. New development shall use each of the following crime prevention through environmental design (CPTED) standards:

1.

Lighting shall be provided within all parking lots, along pathways, at entrances, and within common open space areas so that these areas are visible to on-site residents at night. All lighting shall comply with the provisions of section 9663.9.D (lighting).

2.

Building entrances shall be located to be visible from parking lots and sidewalks.

I.

Relationship to adjacent properties.

Fencing shall be used to enclose and/or screen private outdoor gathering spaces and utility and service use areas adjacent to buildings. Compliance with section 9606.2 (fences and walls) shall be required.

2.

All fences and walls designed for screening purposes shall be of a solid material. Gaps of up to one-quarter (¼) inch will be allowed at material joints.

3.

Use of untreated chain link fence and barbed wire is prohibited. Vinyl and plastic fencing materials are prohibited unless they are made to simulate the appearance of wood.

(Ord. No. 22-461, § 8, 8-24-2022)

A.

Solar access—Passive and active open spaces. All required passive and active open space areas shall be designed to allow for a minimum four (4) hours of natural sunlight during the winter solstice for the City of Agoura Hills latitude of 34.1533 degrees north.

B.

Water conservation.

1.

All buildings shall meet or exceed the water efficiency standards defined by state and local codes at the time of construction.

2.

Stormwater capture systems shall be incorporated into the building and site design, consisting of at least two (2) of the following:

a.

Rain barrels;

b.

Cisterns;

c.

Downspouts that drain into landscaped areas;

d.

Permeable paving materials;

C.

Green roofs and walls.

1.

Green roofs and green walls shall use regionally appropriate, native, and/or adaptive species and include key elements for successful establishment, such as sufficient structural engineering, efficient irrigation, appropriate waterproofing and root barrier, and effective drainage, as approved by the building official using standard reference materials.

2.

Green roofs shall be designed to permit solar installation where needed to support the energy strategy.

3.

Green roof species shall be selected with an emphasis on habitat creation, including a minimum of one (1) of the following:

a.

Pollinator species;

b.

Nesting species;

c.

Food sources.

(Ord. No. 22-461, § 8, 8-24-2022)

9663.9. - Other requirements.

A.

Utility and mechanical equipment.

1.

All roof-top mounted utility and mechanical equipment shall be screened from the public right-of-way as set forth in section 9663.7(B) above.

2.

Utility and mechanical equipment shall not be located within any required active open space area.

Ground-mounted mechanical, electrical, and utility equipment shall be placed a minimum of ten (10) feet away from any pedestrian path and/or driveway.

B.

Mailboxes.

1.

Mailboxes shall be placed either at an on-site location adjacent to or incorporated into a common area for all residents or at individual units.

2.

In mixed-use developments, separate mailbox and package delivery/pick-up areas shall be provided for the residential and commercial components of a project.

C.

Service and refuse areas.

1.

Trash enclosures shall be located a minimum of twenty (20) feet away from any pedestrian path and/or driveway.

2.

Trash enclosures shall not be located in any front yard, street side yard, parking space, required landscaped area, or open space areas.

3.

Trash enclosures shall not be located within twenty (20) feet of any adjacent property zoned for residential use.

4.

Trash enclosures shall be designed to utilize the same materials and colors as the buildings they serve. Chain-link fencing with or without wooden/plastic slats is a prohibited material for the enclosure.

5.

Every trash enclosure shall have a non-combustible, overhanging trellis or roof cover designed to prevent precipitation from entering trash bins.

6.

Enclosures shall be designed and constructed to accommodate the collection of recyclable materials to the extent required by the responsible collection contractor.

7.

Trash enclosures shall be buffered from adjacent parking with a minimum six-foot-wide landscape planter.

D.

Lighting.

1.

Surface parking area lighting fixtures shall be fully shielded and mounted no more than sixteen (16) feet above the ground.

2.

Pedestrian-oriented lighting in areas other than parking lots shall have a maximum height of sixteen (16) feet.

3.

All lighting shall be directed downward or shielded to prevent light trespass onto adjacent properties. Light trespass onto adjacent properties shall not exceed one (1) foot-candle at the property lines, measured at ground level.

4.

Roof-mounted lights are prohibited.

(Ord. No. 22-461, § 8, 8-24-2022)

9664—9670. - Reserved. PART 3. - SPECIAL PERMIT OR REVIEW DIVISION 1. - PURPOSE

The purpose of this part is to establish the rules, procedures and findings under which the various permits or reviews shall be considered by the city in order to guarantee due process, compatibility with the city's general plan and protection of the public health, safety and general welfare.

DIVISION 2. - CHANGE OF ZONE

9672. • Procedure for change of zone.

The zoning map may be amended by changing the boundaries of any district in accordance with the procedures described in these sections.

9672.1. - Initiation.

A change in the boundaries of any district may be initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in district boundaries. If the property for which a change of district is proposed is in more than one ownership, all the owners or their authorized agents shall join in the filing of the application.

A change in the boundaries of any district may additionally be initiated by planning commission or the city council.

A property owner desiring to propose a change in the boundaries of the district in which his property is located, or his authorized agent, may file with the department of planning and community development an application for a change in district boundaries on a form prescribed by the department and shall include the following information:

A.

Name and address of the applicant;

B.

Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in district boundaries is proposed; or is the plaintiff in an action of eminent domain to acquire the property;

C.

Address and legal description of the property;

D.

An accurate scaled drawing of the site and the surrounding area showing existing streets and property lines for a distance determined by the director to be necessary to illustrate the relationship to any impact on the surrounding area;

E.

[Reserved;]

F.

The filing fee as established by resolution of the city council;

G.

Such other information as is required by the director.

(Ord. No. 93-242, § 1, 11-10-93)

The department of planning and community development shall make an investigation of the application and shall prepare a report which shall be submitted to the panning commission and to the applicant prior to the public hearing.

The planning commission shall hold at last one (1) public hearing on each application for a change in district boundaries. The hearing shall be set and notice given as prescribed in section 9804.4.

Within twenty-one (21) days following the closing of the public hearing, the planning commission shall determine whether the change is consistent with the objectives of this article and shall recommend that the application be granted, granted in modified form, or denied. The denial of the request by the planning commission shall be considered final unless appealed.

A decision of the planning commission involving a denial of an application for a change in district boundaries may be appealed to the city council within fifteen (15) days of the decision by the applicant or any other person as prescribed in section 9804.5.

The city council shall hold at least one (1) public hearing on an application within forty (40) days after receipt of the recommendation by the panning commission; provided, that no hearing shall be held on an application which has been denied by the commission unless an appeal is filed. The hearing shall be set and notice given as prescribed in section 9805.5. Within twenty-one (21) days following the close of a public hearing, the city council shall determine whether the change is consistent with the objectives of this article and the general plan. If the council finds that the change is consistent, it shall introduce and adopt an ordinance amending the zoning map. If the council finds that the change is not consistent, it shall deny the application. The city council shall not substantially modify a decision of the planning commission recommending granting of an application until it has requested and considered a report of the commission on the modification. Failure of the commission to report within forty (40) days after receipt of the council request shall be deemed concurrence with the modification. A change in district boundaries shall be indicated by listing on the zoning map the number of the ordinance amending the map.

Following the denial of an application for a change in district boundaries, an application or request for the same or substantially the same change shall not be filed within one (1) year of the date of denial.

Territory annexed to the city shall, upon the date that the annexation becomes effective, be designated with the appropriate land use district subject to the following provisions:

A.

Prezoning unincorporated territory. Unincorporated territory may be prezoned by the city for the purpose of determining the land use district that will apply to such territory in the event of subsequent annexation to the city.

B.

Procedure. Consideration of the district classifications, conditional use permits or variances to be applicable to property to be annexed, shall be in accordance with the procedure provided in the case of property located in the city.

C.

Property classification. The prezoning designation as approved shall be shown on the zoning map with a UA prefix attached to the designation to indicate that upon annexation such designation shall apply to the property; for example, RM-10 (UA). Once the annexation is completed, the designation shall be removed.

D.

Annexation schedule. Any prezoning classification may be subject to a specific time table for annexation of all or part of the property to the city. The city reserves the right to review annually whether the prezoned property is being annexed to the city in conformity with the timetable and the city council may, and expressly reserves the right and power, to revoke the prezoning classification solely upon the ground that annexation has not taken place according to the timetable.

E.

Notification of the board of supervisors. In addition to any other public notice required, the city shall, as a part of any prezoning, notify the Los Angeles County board of supervisors of the proposed application of the prezoning.