9663.3. - Definitions.

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)