Part 1 — PURPOSE AND DESIGN STANDARDS

The commercial districts are included in the zoning regulations to achieve the following:

A.

To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and businesses offering a variety of commodities and services required by residents of the city and its surrounding market area;

B.

To provide opportunities for the concentration of a diversity of retail stores, offices, service establishments and amusement establishments in mutually beneficial relationships to each other for the convenience of the public;

C.

To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;

D.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

E.

To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses;

F.

To protect commercial properties from fire, explosion, noxious fumes, and other hazards;

G.

Use and promote open spaces and landscaping to create a visually pleasing environment, as well as to distinguish city and neighborhood boundaries;

H.

Intensified or regional-relation commercial uses shall be organized and designed to promote maximum opportunity for transit usage;

I.

Commercial and office developments shall exhibit the highest standards of site planning, architecture and landscape design;

J.

Enhance the pedestrian experience through well-delineated and design-enhanced pathways from the parking lots to the commercial businesses, and pedestrian connections from the commercial developments to adjacent neighborhoods and districts, and by providing pedestrian amenities that include outdoor seating areas and gathering spaces.

(Ord. No. 11-388, § 11, 12-14-2011)

The following commercial districts are hereby established:

A.

CS Commercial shopping center district;

B.

CRS Commercial retail/service district;

C.

CS-MU Commercial shopping center-mixed use district;

D.

CR Commercial recreation district;

E.

BP-OR Business park-office retail district;

F.

BP-M Business park-manufacturing district;

G.

CN Commercial neighborhood center district; and

H.

POM planned office and manufacturing district.

(Ord. No. 11-388, § 11, 12-14-2011; Ord. No. 14-409, § 6, 8-13-2014)

The following design standards shall be applicable to any development in all commercial districts.

All uses and structures not requiring any other discretionary approvals shall not be permitted unless a site plan review is obtained pursuant to the provisions of chapter 6. The following site design criteria shall be utilized in conjunction with the general development standards, as set forth in chapter 6:

A.

Existing site conditions. Existing site conditions such as mature vegetation, slopes, drainage courses, rock outcropping and views should be all considered as possibilities for inclusion in the project. Use of valuable existing site elements will assist in formulating a focused design theme.

B.

Building orientation. Placement of the buildings shall be done in a manner compatible with surrounding existing and planned uses and buildings. The setback from streets and adjacent properties is directly proportionate to the scale of the proposed building and those around it. Larger buildings will require more setback area for a balance of scale and for the protection of solar access to the proposed building and adjacent sites. Lastly, placement of the building should provide the most aesthetic public views.

C.

Access/circulation. The access and circulation of a development should be designed to provide a safe and efficient system, both on and off the site. Points of access shall be designed in conformance with the city access regulations. The circulation system shall be designed to reduce conflicts between vehicular and pedestrian traffic, minimize impacts on adjacent properties, combine circulation and access areas where possible, and provide adequate maneuvering areas. Points of access shall not conflict with other planned or existing access points. Clearly delineated pedestrian connections between business areas and parking areas, and to adjoining neighborhoods and districts shall be provided, which provide safety and amenities to pedestrians.

D.

Parking areas. The visual prominence of parking areas shall be minimized in the overall design of a project through site design and landscaping. Parking areas should be screened from streets through combinations of mounding, landscaping, low profile walls and grade separations. The design of parking areas shall also minimize auto noise, lights and glare, and ambient air temperature. This can be accomplished through the use of sound walls, site location, use of well-designed lights, and landscaping throughout the parking lot. Parking lots shall incorporate well-designed and articulated pedestrian pathways from the parking areas to the businesses to create a safe and pleasant pedestrian environment. Bicycle parking racks or other public bike storage shall be provided in convenient locations of the development.

E.

Landscape/open space. Landscaping and open spaces should be designed as an integral part of the overall site plan design. Landscaping and open spaces should enhance the building design, enhance public views and spaces, provide buffers and transitions, provide for a balance of solar uses, and provide screening. Additionally, the landscape design should accent the overall design theme through the use of structures such as arbors or trellises, hardscape, and special paving.

F.

Walls/screening. The use of any walls should be consistent with the overall design theme. Walls are discouraged unless needed for a specific screening or safety purpose. Where they are needed, color, material and variation of the vertical/horizontal plane are needed to blend with the site and building and design.

G.

Lighting. On-site lights should provide a safe, functional and aesthetic design. Enough lighting should be provided to ensure a safe environment while at the same time not cause areas of intense light or glare. Fixtures and poles shall be designed and placed in a manner consistent and compatible with the overall site and building design.

H.

Utilities and ancillary equipment. On-site utilities and equipment shall be located in inconspicuous areas, away from public view, wherever feasible. Where they are located in public view, they shall be screened

with a combination of material that best suits the overall design theme.

I.

Compatibility with adjacent uses. Commercial uses adjoining residential neighborhoods shall be designed to be compatible with the neighborhoods through locating automobile and truck access and unloading areas so that they do not directly front residential uses, or by providing adequate screening of landscaping and/or decorative walls in areas adjacent to the residential uses.

(Ord. No. 11-388, § 12, 12-14-2011)

In addition to the provision of chapter 6, all buildings constructed in the commercial districts shall conform to the following criteria:

A.

Design theme. A recognizable design theme shall be established for each building. That theme shall be one which creates a harmonious building style, form, size, color, material and roof line, as it relates to surrounding planned or existing developments. Subtle variations are encouraged which provide visual interest but do not create abrupt changes causing discord in the overall design of the immediate area. It is not intended that one style of architecture should be dominant but that individual structures shall create and enhance a high quality and harmonious community appearance.

B.

Scale. The mass and scale of the building needs to be proportionate to the site, open spaces, street locations and surrounding developments. No matter what the scale of a building, setbacks and overall heights should provide an element of openness and human scale. Multistory building should be set back toward the center of the site or be designed in a stepped style.

C.

Materials and colors. Colors, textures and materials shall be coordinated to achieve total compatibility of design. They should blend well with the environment and not cause abrupt changes.

D.

Signing. Every building shall be designed with a precise concept for adequate signing. Provisions for sign placement, sign scale in relationship with building and readability shall be considered in developing the signing concept. While providing the most effective signing, it shall also be highly compatible with the building and site design relative to color, material and placement.

E.

Equipment screening. Any equipment, whether on the roof, side of building, or ground, shall be screened. The method of screening shall be architecturally integrated in terms of material, color, shape, and size. The screening design shall blend with the building design. All such equipment on a building shall be screened

behind and/or below a permanent part of the main roof. If this is not possible due to elevation, then said equipment shall be placed on the ground.

F.

Off-street parking and loading requirements. Off-street parking and loading shall be provided as required by chapter 6.

G.

Utilities. All utilities shall be as provided as required by chapter 6.

H.

Signs. All signs shall be in compliance with chapter 6.

The conduct and operation of all uses in the commercial districts shall comply with the following minimum standards:

A.

Noise. All operations and businesses shall be conducted to comply with the following standards:

1.

All commercial activities shall not create any noise that would exceed an exterior noise level of sixty (60) dBA during the hours of 10:00 p.m. to 7:00 a.m. and sixty-five (65) dBA during the hours of 7:00 a.m. to 10:00 p.m.

2.

Loading and unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m., in a manner which would cause a noise disturbance to a residential area.

3.

Vehicle repairs and testing. No person shall cause or permit the repairing, modifying, or testing of any motor vehicle, motorcycle, or motorboat in such manner as to increase a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. across from a residential area.

B.

Lights. All lights and glare associated with operations, and illuminated signs shall be shielded or directed so as to not illuminate adjacent locations or cause glare to motorists.

C.

Smoke. No operation or activity is permitted to have operations which emit excessive smoke, fumes, or dust or which exceed the requirements or levels as specified by the air quality management district (AQMD).

D.

Maintenance of open areas. All open areas shall be landscaped, surfaced, or treated and maintained permanently in a dustfree condition.

E.

Vibration. No operation or activity is permitted which will cause vibration noticeable without instruments at the perimeter of the subject property.

F.

Mechanical and electrical equipment. All such equipment, including air conditioners, antennas, pumps, transformers, heating and ventilating equipment shall be located and operated in a manner that does not disturb adjacent uses and activities.

G.

Electrical interference. No operation or activity shall transmit, generate, or otherwise cause any electrical, magnetic, or electromagnetic radiation disturbance that affects the operation of any use, equipment, or process employed by any use beyond the boundary of the site.

H.

Fire or explosive hazard. All operations or activities shall conform with the minimum requirements of the Uniform Fire Code, and with the provisions of Title 19 of the California Administrative Code.

I.

Liquid and solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in conformance with the regulations of the water district and building and safety division.

J.

Outdoor storage, trash areas and service areas. All areas for storage of maintenance equipment or vehicles, refuse storage and collection areas and service areas, shall be enclosed or effectively screened from public view by use of a wall, landscaping, berming or a combination thereof.

K.

Air quality. No operation or activity shall cause the emission of any smoke, fly ash, dust, fumes, vapors, gases or other forms of air pollution which can cause damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling on any other lot. No emission shall be permitted which exceeds the requirements of the South Coast air quality management district or the requirements of any air quality plan adopted by the city.

L.

Heat or cold. No operation or activity shall emit heat which would cause a temperature increase or decrease on any adjacent property in excess of ten (10) degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.

M.

Odors. No operation or activity shall be permitted to emit odorous gases or other odorous matters in such quantities as to be dangerous, injurious, noxious or otherwise objectionable and readily detectable without the aid of instruments at or beyond the lot line.

N.

Fissionable or radioactive materials. No operation or activities shall be permitted which result at any time in the release or emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewerage systems.

(Ord. No. 11-388, § 13, 12-14-2011)

Cross reference— Noise regulations, §§ 4100—4104, 9656.2.

In all commercial districts, the gross floor area of a retail store shall not exceed sixty thousand (60,000) square feet. This limitation shall be applied as follows:

A.

The sixty thousand (60,000) square foot limitation shall apply to individual retail stores for which permits are sought and also to the cumulative sum of related or successive permits for retail stores that are part of a larger project, such as piecemeal additions to a building or multiple buildings on a lot or adjacent lots.

B.

For purposes of this section, the gross floor area of a retail store shall include gross floor area as defined in section 9120.6 and the area of all portions of the site outside of the exterior walls of buildings used for the display, storage, or sale of any goods, wares or merchandise, except that the gross floor area of a retail store shall not include exterior areas of not more than three thousand (3,000) square feet used for seasonal or temporary sales events under appropriate city permits or approvals.

C.

The gross floor area of adjacent stores shall be aggregated in cases where the stores (1) are engaged in the selling of similar or related goods, wares or merchandise and operate under common ownership or management; (2) share checkstands, a warehouse, or a distribution facility; or (3) otherwise operate as associated, integrated or co-operative business enterprises.

(Ord. No. 02-310, § 3B, 3-5-2002)

9307—9310. - Reserved. PART 2. - COMMERCIAL USE TABLES

The purpose of the commercial use table is to designate the uses permitted within a building, except as otherwise noted in each of the commercial land use districts.

(Ord. No. 11-388, § 14, 12-14-2011)

The following table I indicates the described uses as a permitted use by an "•" in the district appearing at the top of the column. A letter designation in the column indicates that the described use is permitted in that district upon compliance and maintenance of the special condition referenced by the corresponding letter in section 9312.3. The special condition shall be in addition to all other requirements of this article and any other ordinance applicable to the described use.

(Ord. No. 11-388, § 14, 12-14-2011)

If a use is (1) not listed in table I, (2) not shown as a permitted use in any other zone, or (3) the planning commission has not made an interpretation that said use is similar to another use pursuant to the provisions of change 9800, said use shall be prohibited.

(Ord. No. 11-388, § 14, 12-14-2011)

The following shall be commercial use table I:

TABLE I. PERMITTED USES WITHIN THE BUILDABLE AREA OF COMMERCIAL LOTS

(Ord. No. 240, § 12, 9-8-93; Ord. No. 11-388, § 14, 12-14-2011; Ord. No. 14-409, § 7, 8-13-2014)

The following special conditions apply to the uses indicated by the corresponding letter in table I described in section 9312.2:

A.

Permitted as an incidental sales operation in conjunction with a permitted retail sales use provided the entire sales operation takes place within a completely enclosed building.

B.

Permitted as an incidental service function intended to satisfy the normal operating needs of a permitted retail use on the property. An independent servicing facility oriented toward generating its trade from the general public is not permitted in this zone.

C.

Permitted as an incidental service in conjunction with a permitted retail sales or automobile service station operation provided all adjustments and installations are conducted completely within an enclosed building. Permitted as the principal use of the premises subject to issuance of a conditional use permit.

D.

Sale, installation and serving are permitted provided the use is conducted completely within an enclosed building. The reconditioning of used merchandise for resale is permitted as an incidental use.

Reconditioning of used merchandise for resale as the principal use of the premises is permitted subject to issuance of a conditional use permit.

E.

Permitted as an incidental service in an office complex. The primary entrance to such facility shall be from within a main building or from an interior court.

F.

Permitted only if specific approval is granted by the planning commission. Such approval may specify location, time period, hours, lighting, parking and related conditions of operation.

G.

Permitted as an incidental service in a hotel or motel.

H.

Permitted subject to special permit procedures under other provisions of the Municipal Code.

I.

Permit provided storage is within an enclosed building.

J.

Permitted if the entire operation, including parking and storage of vehicles used in connection with the operation, is conducted within a completely enclosed building or within a walled area on the buildable area of the lot, pursuant to the outdoor display and storage provisions of chapter 6.

K.

Permitted subject to the issuance of a conditional use permit by the planning commission.

L.

Permitted subject to the provisions of section 9662 et seq. and provided the following condition is met: no more than two (2) massage establishments are allowed within a one-thousand-foot radius of one another.

M.

Permitted subject to issuance of a conditional use permit by the zoning administrator.

N.

Reserved.

O.

Reserved.

P.

Reserved.

Q.

Such use is permitted by a conditional use permit subject to the required finding as stated in section 9673.7 being made.

R.

Permitted subject to the issuance of a temporary use permit by the zoning administrator.

S.

All government- and publicly-owned and/or operated uses within privately-owned buildings, facilities, and property will be regulated as provided for in this Code for the proposed use as if it were a permitted private use.

T.

Permitted in bars and restaurants which are licensed to serve alcoholic beverages subject to the issuance of a conditional use permit by the planning commission.

U.

A permitted use in the BP-OR only west of Palo Comado Canyon Road.

V.

Permitted subject to conditional use permit from the planning commission if the following conditions are met:

1.

No similar use is within five thousand (5,000) feet of the subject parcel, or within six hundred sixty (660) feet of the freeway right-of-way; and

2.

Only within an enclosed building; and

3.

Must be for more than five (5) vehicles.

W.

Such use is permitted by a conditional use permit subject to the required findings as stated in sections 9396.3 and 9673.2.E being made. Off-sale alcoholic beverage establishments prohibited in the FC overlay district, except as provided in section 9542.1.

X.

Reserved.

Y.

Reserved.

Z.

Reserved.

AA.

Permitted subject to issuance of a conditional use permit by the planning commission, pursuant to the provisions of chapter 3, standards for specific uses.

BB.

Permitted subject to issuance of either a minor conditional use permit or a conditional use permit as specified in division 11 "wireless telecommunications facilities" of this part, beginning at section 9661 and subject to the required findings as stated in that division.

CC.

A permitted use in the CRS-FC-OA zone west of Lewis Place, east of Cornell Road, north of Agoura Road and south of Roadside Drive.

DD.

A permitted use in the BP-M zone for parcels located south of the 101 Freeway, subject to the issuance of a conditional use permit by the planning commission.

EE.

Permitted if the following standards are met:

1.

The maximum number of occupants to be served shall not exceed twenty (20);

2.

A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter;

3.

The maximum stay at the facility shall not exceed ninety (90) days in a three hundred sixty-five-day period;

4.

Clients shall only be on site and admitted to the facility between 5:00 p.m. and 8:00 a.m.;

5.

An interior waiting and intake area shall be provided which contains a minimum of two hundred (200) square feet. If not feasible to locate internally, an exterior waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility; shall be in a location not adjacent to the public right-of-way; and shall be visibly separated from public view by a minimum six-foot-tall visual screening;

6.

A minimum of one (1) employee per fifteen (15) beds, in addition to any security personnel, shall be on duty and remain on site during operational hours;

7.

Security personnel shall be provided during operational hours and when people are waiting outside;

8.

Exterior lighting shall be provided for the entire outdoor area of the site, consistent with the provisions of this article and the city lighting standards and guidelines;

9.

Parking shall be provided at a ratio of one (1) space per two hundred fifty (250) square feet of building area, consistent with parking requirements for retail commercial uses in the CRS zone;

10.

The operator of the facility shall provide, at the city's request, an annual report of the use of the facility and demonstration of compliance with the city's development standards for the use.

FF.

Permitted only on property with an existing valid nonconforming use permit for mini self-storage, and subject to issuance of a conditional use permit by the zoning administrator.

(Ord. No. 130, § 4, 7-29-87; Ord. No. 229, § 2, 5-26-93; Ord. No. 252, § 2, 6-28-95; Ord. No. 00-305, § 2, 1-10-2001; Ord. No. 09-361, § 1, 5-26-2009; Ord. No. 09-362, § 2, 7-8-2009; Ord. No. 11-383, § 19, 3-92011; Ord. No. 11-387, § 6, 8-24-2011; Ord. No. 11-388, § 14, 12-14-2011; Ord. No. 11-392, § 7, 1-112012; Ord. No. 13-399, § 5, 2-27-2013; Ord. No. 14-405, § 3, 2-26-2014; Ord. No. 14-412, § 3, 1-14-2015; Ord. No. 16-422, § 3, 4-27-2016)

9313—9320. - Reserved.