Part 11 — POM PLANNED OFFICE AND MANUFACTURING DISTRICT

The purpose of the planned office and manufacturing district (POM) is to provide for a mix of uses consisting primarily of office, light manufacturing, and restaurant, and to a lesser extent, certain retail uses, in which the various uses are compatible and integrated, creating a distinct district identity. Access among parcels shall be integrated via pedestrian pathways and street and driveway networks, and development shall interface with adjacent properties in terms of site amenities, access and circulation to create cohesiveness among properties.

(Ord. No. 14-409, § 8, 8-13-2014)

Uses and structures in the POM district shall be subject to the limitations set forth in the following provisions of this section.

(Ord. No. 14-409, § 8, 8-13-2014)

Subject to the provisions of section 9301 et seq. and chapter 6, buildings and structures may be erected, structurally altered or enlarged, and may be used within this district for offices, light manufacturing facilities, and retail and restaurant establishments as provided in the commercial use table I (section 9311 et seq. of this chapter). The entire business operation, excluding outdoor dining areas, shall be conducted within a completely enclosed building or within the buildable area of the lot.

(Ord. No. 14-409, § 8, 8-13-2014)

Any use or structure not specified in section 9388.1 shall be prohibited in the POM district.

(Ord. No. 14-409, § 8, 8-13-2014)

Developments, renovations, and additions in the POM district shall exhibit a high level of architectural and site design quality; provide for enhanced pedestrian and vehicle access within the site and among adjacent parcels to promote district-wide cohesiveness and ease of circulation; provide for pedestrian connections between this and adjoining land use districts; and incorporate such features as plazas, courtyards, and expanded sidewalks to encourage pedestrian activity.

Subject to the provisions of sections 9301 through 9306, section 9391, and chapter 6, the following development standards shall also apply in the POM land use district.

(Ord. No. 14-409, § 8, 8-13-2014)

9389.1. - Lot specifications.

All lots hereafter created shall contain the following:

A.

Minimum lot area of twenty thousand (20,000) square feet.

B.

Minimum lot width of one hundred (100) feet.

C.

Minimum lot depth of one hundred twenty-five (125) feet.

(Ord. No. 14-409, § 8, 8-13-2014)

9389.2. - Building coverage.

The maximum building coverage shall be sixty (60) percent.

(Ord. No. 14-409, § 8, 8-13-2014)

9389.3. - Building height.

The maximum building height shall be thirty-five (35) feet.

(Ord. No. 14-409, § 8, 8-13-2014)

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Twenty (20) feet.

B.

Minimum side yard: Ten (10) feet.

C.

Minimum rear yard: Twenty (20) feet.

(Ord. No. 14-409, § 8, 8-13-2014)

9389.5. - Walls and fences.

Walls and fences shall be subject to the provisions of section 9606.2.

(Ord. No. 14-409, § 8, 8-13-2014)

Landscaping shall be provided consistent with the provisions of section 9658 et seq. A minimum of fifteen (15) percent of the total lot shall be landscaped unless otherwise specified during a discretionary review. In addition, landscaping shall be provided within all required yards adjacent to the public right-of-way. Said landscaping shall be provided and maintained in perpetuity subject to the following:

A.

One (1) native oak tree, twenty-four-inch box in size, per fifteen thousand (15,000) square feet of building area shall be provided on site or at alternative locations as approved by the city;

B.

Landscaping shall minimize the visual dominance and break the visual continuity of the surface parking areas, shall complement on-site pedestrian circulation and amenities, and serve to modulate pavement temperature; and

C.

No other use or storage shall be permitted within any required landscaping.

(Ord. No. 14-409, § 8, 8-13-2014)

9389.7. - Required amenities.

Development in the POM district shall include all of the following:

A.

Development exhibiting a high level of urban design, particularly of outdoor spaces near buildings, vehicle parking areas, and site entrances.

B.

Outdoor seating and gathering areas near the buildings, including expanded sidewalks, patios or plazas, designed as an integral part of the overall architecture, landscape and site design.

C.

Bike racks or other public bike storage in convenient locations on the site, integrated within the overall architecture and site design.

(Ord. No. 14-409, § 8, 8-13-2014)

Readily visible site access and entrance drives shall be provided. The primary entry drive shall be designed with decorative paving, landscaping and architectural features. Easily identifiable pedestrian access shall be provided from the street and/or sidewalk to key areas within the site.

(Ord. No. 14-409, § 8, 8-13-2014)

To promote connectivity, defined pedestrian pathways linking parking and other outdoor areas to buildings onsite, and pathways linking to adjoining parcels within the district, and adjacent neighborhoods and districts, shall be provided.

(Ord. No. 14-409, § 8, 8-13-2014)

In addition to the parking provisions in section 9654 et seq., the following shall apply:

A.

Shared parking between adjacent developments is encouraged, and any reduction in parking spaces from the requirements in section 9654 is subject to a shared parking study prepared by a parking professional according to city standards and accepted by the city. Shared parking shall not apply to residential parking.

B.

Long rows in parking areas shall be broken up with landscaping islands, other landscaping and pedestrian amenities, and buildings where feasible.

C.

Convenient, clearly distinguished pedestrian pathways connecting parking lots or other parking facilities with on-site buildings are required. The pathways shall provide a safe separation of pedestrians from cars and parking, and shall include amenities such as decorative pavement treatments, landscaping, covered or partially covered walkways, benches, and other design elements.

D.

Parking lot landscaping shall be provided as set forth in section 9654.5.

(Ord. No. 14-409, § 8, 8-13-2014)

Continuity among properties within the district shall be provided, with driveways, pedestrian pathways, and site entrances connected. In particular, development on a property shall be sited to complement that on adjacent properties regarding the placement of structures on a lot, building entrances, loading/unloading areas and site amenities.

(Ord. No. 14-409, § 8, 8-13-2014)

PART 12. - SPECIAL COMMERCIAL USE STANDARDS[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 14-409, § 9, adopted Aug. 13, 2014, renumbered Pt. 11 as Pt. 12.

The following standards are established to provide for more detailed direction for specific uses that may be allowed in a number of districts.

The purpose of the following standards for outdoor storage and display standards shall be to provide the appropriate criteria for such uses which will guarantee that such activities will be compatible with the other uses provided for in the commercial land use districts.

No property in the commercial land use districts shall be used for outside storage or display of raw materials, equipment or finished products unless said storage complies with the following:

A.

Compliance. The activity shall comply with all the provisions of the land use district in which it is located.

B.

Yards. The activity shall not be provided in any required front, side, or street side yard and any required rear yard abutting property located in a residential land use district.

C.

Enclosure requirements:

1.

All outside display areas which are visible from the exterior boundary of the lot or parcel of land upon which the display is located shall be enclosed by a wall, landscaped berm or combination thereof.

2.

All such walls, or other enclosures shall be a minimum of six (6) feet in height and shall not exceed ten (10) feet in height.

3.

All walls shall be constructed of masonry, decorative concrete, or wrought iron, except that for temporary storage, the director may approve the use of other comparable materials such as wood or chainlink with redwood slats and/or vines provided that the director determines that such materials will not be detrimental to the surrounding area.

4.

All walls, or other enclosures shall provide a solid visual screen around the display, except that an area no greater than twenty-five (25) percent of the total surface area per property line may remain open, except that no more than fifty (50) percent of the total street frontage may be exposed.

5.

All gates shall be constructed of materials compatible with the material of the fence and/or wall to which such gates are attached.

6.

Whenever planting materials are used to form the required enclosure, all such materials shall provide the required height and amount of screening within one (1) year of planting.

7.

The director may modify the requirements for the design of any fence, wall, or other enclosure required hereunder in either of the following situations:

a.

Where the proposed outdoor display area is not visible from a street or highway, or from an area in a residential or agriculture district, and where it is located adjacent to a commercially zoned parcel which has been developed with another outside storage use; or

b.

Where the proposed outdoor display area is not visible from a street or highway, or from an area in a residential or agricultural district, and where existing fences, walls or buildings located adjacent to the outdoor display area provided adequate screening as determined hereunder.

In the event that any of these special conditions ceases to exist, then a wall or enclosure in full compliance with the terms of this sections shall be constructed within two (2) months after the cessation of the special condition.

D.

Landscaping requirements:

1.

A minimum of fifteen (15) percent of the outside display area shall be landscaped with trees, shrubs and ground cover as approved by the director. Wherever possible, the director shall require that native plants and existing trees be incorporated into the landscaping plan.

2.

All trees and shrubs shall be evergreen and shall be of a minimum size of fifteen (15) and five (5) gallons respectively.

3.

All landscaped areas shall be maintained in a neat, clean and healthful condition subject to the continuing review of the director. Such maintenance shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering of all plants.

4.

All landscaped areas shall have a fixed and permanent water system. All sprinklers used to satisfy the requirements of this provision shall be properly spaced throughout the landscaped area to assure complete coverage of the area.

5.

Container landscaping maintained for sale by a business may be utilized to screen outdoor storage and display areas in lieu of permanent landscaping and screen walls for business whose primary use is the sale of plant material, subject to the approval of the director of planning and community development. Required setbacks from public right-of-way and customer parking shall be permanently landscaped.

E.

Parking requirements. In addition to the parking requirements contained in section 9654 et seq. of this Code, any use subject to the provisions of this section shall provide one (1) parking space for each one thousand (1,000) square feet of outside display area. For the purposes of calculating this parking requirement, such outdoor display area shall include the interior landscaping areas.

F.

Display provisions.

1.

All products or merchandise displayed outside shall be located within the required enclosures. Container landscaping may be displayed outside an enclosure provided the business' primary use is the sale of plant materials. Hardscape materials and unsightly storage shall be screened by permanent landscaping and decorative screen walls from public right-of-way and other sensitive land uses. The location of plant material shall be subject to approval of the director of planning and community development.

2.

No products or merchandise displayed outside shall exceed the height of the required enclosures, except such products or merchandise, as approved by the director, which cannot feasibly be displayed at a height lower than the required enclosures.

All products or merchandise shall be displayed in the manner that such products or merchandise are used normally.

G.

Other requirements. The city may impose any other conditions he deems necessary to protect the public health, safety and welfare.

H.

Violation of this section is an infraction and shall be punishable as provided in section 1200(b) of the Agoura Hills Municipal Code.

(Ord. No. 142, § 1, 12-9-87; Ord. No. 219, §§ 1, 2, 10-28-92)

All service station sites shall front on streets designated as through streets, unless the sites are part of commercial developments such as shopping centers.

The site of the service station shall be of sufficient size and configuration to satisfy all requirements for offstreet parking, setbacks, curb cuts, walls, landscaping and storage as provided in this article.

All buildings shall be set back from interior property lines a minimum of eighteen (18) feet and exterior property lines a minimum of twenty (20) feet except that pump islands may be located a minimum of twenty (20) feet from all exterior property lines, and pump island canopies may project to within fifteen (15) feet of exterior property lines.

Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb.

Buzzers and amplified signaling bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site abuts residential property or property used for residential purposes.

A minimum of twenty (20) percent of the site shall be landscaped with plant materials designed to provide beautification and screening.

All lighting fixtures shall be located so as to shield direct rays from adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed the height of the building.

A six-foot masonry wall or hedge shall be required along all interior property lines and a three-foot-high wall or hedge along the street.

The purpose of the following standards are to establish specific criteria for ancillary uses related to commercial use structures.

Since satellite dish antennas of any configuration have the important purpose of screening and/or transmitting communication or other signals from and/or to orbiting satellites, but also have an effect on property values, the level of attractiveness of the community and the public peace, safety and general welfare, the following standards shall be met for all installations of satellite dishes:

A.

All ground mounted dish antennas shall be located in the rear yard and conform to the following setbacks for accessory buildings:

Rear year: Five (5) feet;

Side yard: Five (5) feet;

Maximum height: Fifteen (15) feet or the height of an adjacent building on the same lot, whichever is less.

All dish antennas shall not exceed a maximum of twenty-five (25) percent of the required fifteen-foot rear yard setback.

B.

All roof mounted dish antennas shall be located in a roofwell or at a location screened by a parapet wall so as not to be seen from any adjacent streets; however, [such antennas] shall not exceed the height of the existing roof.

C.

All dish antennas shall be color coordinated to harmonize with the dominant background materials and colors.

D.

All accessory equipment related to dish antennas shall conform to the same provisions as the antennas.

E.

Prior to the installation of all satellite antennas, the location and design shall be subject to the approval of the director of planning and community development after an on-site inspection.

F.

The provisions of this section 9394.1 shall not be applied in such a manner as to preclude reception of signals by dish antennas.

Cross reference— Satellite dish standards, § 9288.3.

The provisions of sections 9394.12 to 9394.22 shall apply to drive-up windows and remote tellers located on the same parcel as the principal use permitted in the commercial land use districts.

Such facilities shall not be approved unless the city finds that:

A.

The design and location of the facility and lane will not contribute to increased congestion on public or private streets adjacent to the subject property;

B.

The design and location of the facility and lane will not impede access to or exit from the parking lot serving the facility, nor impair normal circulation within the parking lot.

The following shall be the minimum requirements for all drive-up windows and remote tellers.

A.

Drive-up windows and remote tellers shall provide at least one hundred eighty (180) feet of reservoir space for each facility, as measured from the service windows or unit to the entry point into the drive-up lane;

B.

Entrances to drive-up lanes shall be at least twenty-five (25) feet from driveways entering a public street;

C.

Drive-up windows or remote tellers shall not be considered as justification for reducing the number of parking spaces which are otherwise required;

D.

Any permit authorizing such facility is revocable if congestion attributable to the facility regularly occurs on public streets or within the parking lot, and the management cannot alleviate such situation.

The purpose of the following standards for outdoor dining design and operational standards shall be to provide the dining commodities and services required by residents of the city and its surrounding market area. For the purpose of these standards, outdoor dining shall be defined as an ancillary dining area with seats and/or tables located outdoors and immediately adjacent to a dining establishment. A table shall be defined as providing seating for one (1) to four (4) persons.

(Ord. No. 94-245, § 1, 3-9-94)

No property in the commercial land use districts which allows for dining establishments defined in this section shall be used for outdoor dining unless said outdoor dining complies with the following standards.

1.

All outdoor dining shall be located within the private parking lot, private sidewalk, and/or other private outdoor space immediately adjacent to the dining establishment.

2.

Dining establishments that serve alcoholic beverages in their outdoor dining area shall be required to meet the additional specific standards from the state alcoholic beverage control board as well as all other applicable federal, state, and local requirements.

3.

Temporary, mobile, or freestanding food service providers are not eligible under these standards.

4.

An obstruction-free, clear sidewalk area for pedestrian traffic passing through the outdoor dining and seating area shall be required. Dining areas shall not be permitted in areas where less than a four-foot obstruction-free pedestrian area exists between outside the outdoor dining area and any obstructions such as streets, trees, newsstands, bus benches, or curblines.

5.

No sign, including signs on table umbrellas, shall be permitted in the outdoor dining area of the establishment with the exception of an identification or menu sign.

6.

All fire department regulations and standards concerning exterior lighting and power shall be met. These regulations and standards shall be supplied at the time of application.

7.

All fire department regulations and standards concerning adequate access shall be met.

All outdoor dining sites shall be handicapped accessible per federal, state, and local requirements.

9.

The property owner, the property management, and the management of the dining establishment shall be responsible for compliance with all outdoor dining requirements.

10.

Contact information for the property owner, the property management, or the management of the dining establishment shall be posted on-site during operating hours.

11.

Unruly behavior shall not be permitted in the outdoor dining area.

12.

Outdoor dining areas, including flooring, shall remain clear of litter, food scraps, and soiled dishes at all times. Where eating establishments provide self-service take-out service, an adequate number of employees shall be maintained to clear refuse or litter on a regular basis even though table service is not provided. Concrete flooring shall be washed daily.

13.

At the end of the business day, establishments shall be required to clean (sweep and mop) the area in and around the outdoor dining area.

14.

If disposable utensils are used, the establishment shall comply with all applicable recycling programs and all provisions of the Agoura Hills Municipal Code.

15.

Outdoor dining areas shall be continuously supervised by management or employees of the dining establishment. Dining establishments serving alcoholic beverages shall have a supervisor on-site at all times.

16.

Outdoor dining areas shall be operated in a manner that meets all requirements of the health department of Los Angeles County and any other applicable regulations.

17.

Outdoor speakers are prohibited.

Any dining establishment that provides outdoor dining requiring an outdoor dining permit shall provide the required parking for the dining area, as defined in section 9654.6.

19.

The design materials and colors used for chairs, tables, lighting and other fixtures including umbrellas and awnings for both public eating and food establishments shall be generally consistent with both the architectural style and colors used on the building facade and the quality of the shopping center fixtures, as determined by the director.

20.

The layout of outdoor dining and seating areas required as part of the outdoor dining permit shall be in conformance with design established by the department of planning and community development.

21.

Outdoor dining areas requiring a minor or major outdoor dining permit pursuant to section 9395.2 shall provide barriers or enclosures to designate outdoor dining areas. Barriers or enclosures must conform to the building and safety department's installation standards and be removable (capable of being removed, if needed, by use of recessed sleeves and posts, or by wheels which can be locked into place). All barriers must be able to withstand inclement outdoor weather and one hundred (100) pounds of horizontal force at the top of the barricade when in their fixed positions. The height of any barrier shall not be less than three (3) feet, or more than three and one-half (3½) feet, including the top of any landscaping.

22.

Any landscaping used for barriers shall be properly maintained. Water drainage onto the sidewalk shall not be allowed. Stressed or dying landscaping must be promptly replaced. Potted plants shall have a saucer or other suitable system to retain seepage and be elevated to allow for air flow of at least two (2) inches between the saucer and the sidewalk.

23.

Upon termination of the outdoor dining use, the outdoor dining barriers shall be removed and the sidewalk returned to its original condition.

24.

Any other regulation promulgated by the director of planning and community development to implement the provisions of this chapter.

(Ord. No. 94-245, § 1, 3-9-94; Ord. No. 23-470, § 3, 6-28-2023)

A.

All public eating establishments with outdoor dining tables are required to obtain an outdoor dining permit subject to the following:

1.

Public eating establishments with fewer than four (4) tables, or less than or equal to three hundred sixty (360) square feet of outdoor dining area, whichever is less, shall be required to obtain an outdoor dining zoning clearance from the planning and community development department on the basis of a ministerial decision to certify that the proposed use meets all requirements and conditions of any previously approved conditional use permit or site plan review.

a.

Applications for an outdoor dining zoning clearance shall include the following:

1)

Written approval from the property management;

2)

A seating plan and floor plan that includes ingress and egress locations;

3)

Existing and proposed interior and outdoor seating and waiting area square footages;

4)

A detail of any proposed barrier or enclosure; and

5)

Furniture specifications.

2.

Public eating establishments with four (4) or more tables, or more than three hundred sixty (360) square feet of outdoor dining area, whichever is less, shall be required to obtain an outdoor dining permit as follows:

a.

Minor outdoor dining permits. Minor outdoor dining permits are defined as those outdoor dining permits for applications where the square footage of the outdoor dining area is less than or equal to ten (10) percent of the existing interior dining and waiting area square footage. The director of planning and community development shall be the reviewing authority for all minor outdoor dining permits.

b.

Major outdoor dining permits. Major outdoor dining permits are those outdoor dining permits for applications where the square footage of the outdoor dining area is greater than ten (10) percent of the existing interior dining and waiting area square footage. The planning commission shall be the reviewing authority for all major outdoor dining permits.

c.

Applications for minor and major outdoor dining permits shall include the following:

1)

Written approval from the property owner;

2)

A seating plan and floor plan that includes ingress and egress locations;

3)

Existing and proposed interior and outdoor seating and waiting area square footages;

4)

A detail of the required barrier or enclosure;

5)

Furniture specifications; and

6)

A parking analysis.

B.

All plans and permits for the outdoor dining area approved by the city shall be kept on the premises for inspection at all times the establishment is open for business.

C.

Any modification to the approved plans shall be submitted for review and approval by the department of planning and community development prior to the initial implementation of any modification and shall comply with applicable guidelines then in effect.

D.

Annual inspections by the department of planning and community development shall be performed for all approved outdoor dining permits.

E.

Modifications to outdoor dining permits may be granted by the director of planning and community development for changes to the approved plans that do not result in an increased number of tables or expansion of dining areas.

F.

The city council may establish fees by resolution for the review of such applications.

G.

In approving an outdoor dining permit, the reviewing authority may impose such conditions as may be reasonably necessary to protect the public health, safety and general welfare, and to ensure that the proposed outdoor dining use is established and conducted in a manner which is consistent with this chapter and the development standards for the underlying zone.

H.

All outdoor dining permits are subject to revocation pursuant to section 9679.

(Ord. No. 23-470, § 4, 6-28-2023)

The reviewing authority shall approve an outdoor dining permit application if all of the following findings can be made:

A.

The proposed outdoor dining use is consistent with the general plan and any specific plans adopted for the area.

B.

The proposed outdoor dining use will not adversely affect existing and anticipated development in the vicinity and will promote the harmonious development of the area.

C.

The proposed outdoor dining use will not create any significant parking or traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards and will not impede the safe and orderly flow of pedestrians along the public right-of-way.

D.

The proposed outdoor dining use will not be detrimental to the public health, safety, or general welfare.

(Ord. No. 23-470, § 4, 6-28-2023)

PART 13. - STANDARDS FOR SPECIFIC USES[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 14-409, § 9, adopted Aug. 13, 2014, renumbered Pt. 12 as Pt. 13.

The purpose of the following standards is to establish minimum criteria for all outdoor recreational uses located in the city to ensure that the completed project will be in harmony with existing or potential uses in the surrounding area and consistent with the goals, objectives, and policies of the general plan.

A.

All exterior lighting associated with outdoor recreational uses shall be down lit, shielded and directed away from surrounding properties and public rights-of-way. No light source shall exceed the height of sixteen (16) feet from finished grade. Such lighting shall not blink, flash, oscillate or be of high intensity in brightness. The use of multiple colored lights and overhead rooftop lights is prohibited. Every use shall be operated such that there is no direct light and glare visible beyond the boundaries of the properties. A lighting plan which includes a photometric study shall be required as part of the conditional use permit and must be considered by the planning commission at the same time as the conditional use permit.

B.

All outdoor recreational uses shall be operated such that no loud speakers, bells, gongs, buzzers, or other noise attention or attracting devices can be heard beyond the boundaries of the property.

C.

All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties. When the outdoor use abuts commercial or industrial properties, all outdoor equipment and 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. When the outdoor use abuts residential properties, all outdoor equipment and activities shall not create any noise that would exceed an exterior noise level of fifty (50) DBA during the hours of 10:00 p.m. to 7:00 a.m. and fifty-five (55) DBA during the hours of 7:00 a.m. to 10:00 p.m.

D.

A minimum twenty-five (25) foot landscaped buffer shall be provided adjacent to all public rights-of-way and residential properties. Berming shall be provided within this landscape buffer adjacent to public rightsof-way. No outdoor recreational activities or parking shall be allowed in this setback. The planning commission may increase the setback based upon the final design of the project.

E.

The design of the facility, including site layout, rides and their structures, building orientation and incidental structures, shall be directed inward with minimal visibility to public rights-of-way and surrounding properties. The building's colors and materials shall harmonize with the surrounding properties and shall not include the use of bright colors. All elevations shall be treated equally with architectural detail.

F.

Mechanical equipment shall be enclosed and shall be located no less than five (5) feet from any property line and shall be insulated to prevent noise disturbance on adjacent properties.

G.

A signage plan in accordance with the city sign ordinance shall be required as part of the conditional use permit and must be considered by the planning commission at the same time as the conditional use permit.

H.

A parking study prepared by a registered traffic engineer approved by the city shall be provided by the applicant for any use not listed in the Zoning Ordinance.

I.

Incidental outdoor recreational uses shall be compatible with miniature golf, individually and collectively. Incidental outdoor recreational uses shall be confined to an area or areas not exceeding a combined area of twenty (20) percent of the total outdoor area of the site. Examples of incidental outdoor recreational uses include but are not limited to batting cages, miniature cars, bumper cars and boats (so long as they are not internal combustion engine powered); and amusement rides. Incidental outdoor recreational uses shall also include related infrastructure, such as walkways, bridges, landscaping, hardscaping and waterscaping. For purposes of this subsection, the total outdoor area: (i) shall not include areas occupied by buildings with permanent walls and roofs; (ii) shall not include setback areas, parking areas, or driveway areas; and (iii) shall include all other outdoor areas whether or not used for recreational activities.

J.

Incidental outdoor recreational uses shall be located away from the perimeter of the site. The miniature golf use shall be located along the entire street perimeter of the site in order to screen and buffer any incidental outdoor recreational uses, and related buildings and structures.

K.

In order for an activity to be considered indoor it must be conducted entirely within a building with permanent walls and roof.

L.

Primary batting cage facilities may include certain incidental uses such as pitching or practice cages, a practice and instructional recreational field, an office, an eating and nonalcoholic drinking establishment. Primary batting cage facilities shall be screened from view from the freeway by landscaping, decorative fences or walls, and/or placement of structures on the site.

M.

Primary batting cage facilities that existed prior to the adoption of this provision shall provide a minimum five (5) foot landscape buffer adjacent to all public right-of-way.

(Ord. No. 229, § 3, 5-26-93; Ord. No. 98-271, § 2, 4-22-98; Ord. No. 00-305, § 3, 1-10-2001)

9396.1. - Alcoholic beverage sales.

In order to protect adjacent neighborhoods from the harmful effects attributable to the sale of alcoholic beverages, to ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community, and to minimize the adverse impacts of incompatible uses, the planning commission shall approve an application for a conditional use permit for an alcoholic beverage sales establishment.

(Ord. No. 09-362, § 3, 7-8-09)

Off-site and on-site alcoholic beverage establishments shall be subject to the issuance of a conditional use permit pursuant to sections 9396.3 and 9673.

(Ord. No. 09-362, § 3, 7-8-09)

In addition to the findings required by section 9673.2.E, the planning commission shall make the following findings, based on information submitted by the applicant and/or presented at the public hearing, before granting a conditional use permit:

A.

The requested use at the proposed location will not adversely affect the use of a school, park, playground or similar use within a 500-foot radius;

B.

The requested use at the proposed location is sufficiently buffered by topographic conditions or public or private improvements from residentially zoned areas within the immediate vicinity so as not to adversely affect said areas;

C.

The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or property deterioration, or to substantially diminish or impair property values within the neighborhood;

D.

The upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development and use of abutting properties and the surrounding neighborhood;

E.

The sale of alcoholic beverages may be restricted to certain hours of each day of the week as necessary to ensure that activities related to the project are compatible with the quiet enjoyment of the neighborhood;

F.

If an off-sale alcoholic beverage establishment, the requested use is not located in the freeway overlay land use district, unless it is a supermarket/food store larger than ten thousand (10,000) square feet of floor area;

G.

The requested use will not contribute to an undue concentration of alcoholic beverage establishments in the area;

H.

The requested use is not located in what has been determined to be a high-crime area, or where a disproportionate number of police calls occur;

I.

If the sale of alcohol is proposed at an establishment that also offers live entertainment, said conditional use permit request shall be reviewed in conjunction with the conditional use permit for live entertainment.

(Ord. No. 09-362, § 3, 7-8-09)

PART 14. - STANDARDS FOR PERIODIC OUTDOOR DISPLAY[[10]]

Footnotes:

--- ( 10 ) ---

Editor's note— Ord. No. 14-409, § 9, adopted Aug. 13, 2014, renumbered Pt. 13 as Pt. 14.

The purpose of the following standards for commercial outdoor display and operational standards shall be to provide the display of merchandise required by residents of the city and its surrounding market area. For the purpose of these standards, commercial outdoor display shall be permitted where retail goods are sold. A weekend shall be defined as the first consecutive Friday, Saturday and Sunday.

(Ord. No. 96-260, § 1, 3-20-96)

No property in the commercial or business park land use districts which allows for retail sales, as defined in section 9397, shall be used for commercial outdoor display unless such display complies with the following standards:

A.

Outdoor display of merchandise shall be allowed on the first weekend of every month. Outdoor display shall be allowed on the first two (2) weekends in December. A temporary use permit for other holidays and special events may be considered by the city.

B.

All outdoor display must maintain clearance requirements that meet handicapped accessibility standards. An obstruction-free, clear sidewalk area for pedestrian passing through the outdoor display shall be required. Outdoor display shall not be permitted in areas where less than a four-foot obstruction-free pedestrian area exists between the outdoor display and the edge of a curb or sidewalk. Outdoor display shall not be permitted in areas where less than a five-foot obstruction-free pedestrian area exists between the display entry door.

C.

Outdoor display shall be limited to the area directly in front of the tenant space and the items for sale must be the same as those sold inside the store or must be items that would typically be sold at the business.

D.

Outdoor display cannot exceed a height of five (5) feet. Any display over five (5) feet requires approval from the director of planning and community development.

E.

For those businesses which do not offer products for sale, additional window signage is allowed, subject to approval by the director of planning and community development. The only signage permitted outside is appropriate signage that is in keeping with the intent of this article, as determined by the director of planning and community development, which is placed on the display.

F.

The use of mechanically reproduced sound, amplified sound, or live music shall not be permitted as part of the outdoor display.

(Ord. No. 96-260, § 1, 3-20-96)

Chapter 4 - SPECIAL DISTRICTS

Part

1. Purpose, §§ 9401—9410

2. P Local Park District, §§ 9411—9420

3. Reserved, §§ 9421—9430

4. SH School District, §§ 9431—9440

5. Reserved, §§ 9441—9450

6. U Utility District, §§ 9451—9460

7. OW Open Water District, §§ 9481—9490

8. OS-R Open Space-Restricted District, §§ 9481—9489.2

9. OS-DR Open Space-Deed Restricted District, §§ 9490—9490.12

10. S Study District, §§ 9491—9495

11. PD Planned Development District, §§ 9496—9499

PART 1. - PURPOSE

The purpose of special districts is to provide for special uses or facilities that require careful consideration to ensure their compliance with the goals, objectives and policies of the city's general plan.

The following special districts are hereby established:

A.

P local park;

B.

SH school;

C.

U utility;

D.

OW open water;

E.

OS-R open space-restricted;

F.

OS-DR open space-deed restricted;

G.

S study;

H.

PD planned development district.

(Ord. No. 193, § 3, 9-25-91; Ord. No. 11-388, § 40, 12-14-2011)

9403—9410. - Reserved.

PART 2. - P LOCAL PARK DISTRICT

Cross reference— Park rules, § 4900 et seq.

The purpose of the P district is to designate areas for local recreational and passive uses compatible with the nearby residential areas and the community as a whole.

Subject to the provisions of chapter 6, the uses and structures permitted in the P district shall be as established by the city council in their action on the site plan review for the specific park site.

Any use not specifically established by the city council shall be prohibited.

The development standards in the P district shall be as established by the city council as a part of their action on the site plan review for a specific park site.

No park site shall be developed prior to the approval of a site plan by the city council pursuant to chapter 6.

9415—9420. - Reserved. PART 3. - RESERVED[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 11-388, § 39, adopted Dec. 14, 2011, changed the title of Pt. 3 from "Regional park district" to "Reserved".

9421—9430. - Reserved.

PART 4. - SH SCHOOL DISTRICT

Cross reference— Interim school facilities financing, § 6400 et seq.

The purpose of the SH district is to provide for areas for public schools and playgrounds that are compatible with the neighborhood where they are located and the community as a whole.

The limitations in the SH district shall be as follows.

9432.1. - Permitted uses.

Subject to the provisions of chapter 6, the following are permitted uses and structures in the SH district:

A.

Schools, public, accredited through grade 12, including appurtenant facilities;

B.

Playgrounds with related uses.

Cross reference— Peddling near schools, § 4700.

9432.2. - Uses subject to director's review.

Subject to the provisions of chapter 6, the following uses may be permitted subject to the approval of the director:

A.

Temporary uses outside of a building.

9432.3. - Prohibited uses.

All uses not specifically permitted in section 9432 et seq. shall be prohibited.

9433. • Development standards.

Subject to the provisions of chapter 6, the following shall apply in the SH district.

9433.1. - Minimum lot specifications.

The minimum lot area shall be:

A.

Elementary school site: Ten (10) acres;

B.

Middle school site: Twenty (20) acres;

C.

High school site: Forty (40) acres.

9433.2. - Building site coverage.

The maximum building coverage shall be forty (40) percent.

The maximum building height shall be thirty-five (35) feet or two (2) stories, whichever is less.

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Twenty (20) feet from any existing or proposed right-of-way;

B.

Minimum side yard: None except:

1.

When adjacent to a residential district or when abutting any street which separates the SH district from a residential district: Twenty (20) feet;

2.

The minimum street side yard shall be treated as a front yard.

C.

Minimum rear yard: Equal to the height of any buildings.

9433.5. - Off-street parking and loading requirements.

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

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

All signs shall be in compliance with chapter 6.

All uses and structures not requiring any other discretionary approvals shall not be permitted unless a site plan approval is obtained pursuant to the provisions of chapter 6.

There are no special standards in the SH district.

9435—9440. - Reserved. PART 5. - RESERVED[[12]]

Footnotes:

--- ( 12 ) ---

Editor's note— Ord. No. 11-388, § 41, adopted Dec. 14, 2011, repealed Pt. 5 in its entirety. Former Pt. 5, §§ 9441—9444, pertained to G governmental office district and derived from Ord. No. 120, adopted Feb. 3, 1987.

9441—9450. - Reserved. PART 6. - U UTILITY DISTRICT

The purpose of the utility district is to establish areas appropriate for major public utility facilities and rightsof-way that are compatible with adjacent commercial and residential development.

No use shall be permitted without a conditional use permit.

The following uses shall be permitted subject to the issuance of a conditional use permit:

A.

Accessory uses and structures incidental to conditional uses;

B.

Maintenance yards;

C.

Public buildings and grounds;

D.

Public utility installations on company owned land.

All uses not specifically permitted within sections 9450.2 and 9452.1 shall be prohibited.

All development standards shall be as specified in the conditional use permit.

Subject to the provisions of chapter 6, all structures and uses shall be subject to a site plan review.

All utility facilities shall maintain a twenty-foot setback from all sides and be fully landscaped.

9457—9460. - Reserved.

PART 7. - OW OPEN WATER DISTRICT

The purpose of the open water district is to designate areas of permanent open water.

Subject to the provisions of chapter 6, the following shall be the permitted uses in the OW district:

A.

Recreation uses, such as fishing, sailing, nonpowered boating and nature study;

B.

Flood control facilities.

9462.1. - Accessory uses.

Subject to the provisions of chapter 6, the following accessory uses shall be permitted uses in the OW district:

A.

Boat docks, patio decks and the like.

All uses not specifically permitted within section 9462 et seq. shall be prohibited.

9463. • Development standards.

Subject to the limitations of chapter 6, the following development standards shall apply in the OW district:

None.

There are no special standards in the OW district.

9465—9480. - Reserved.

PART 8. - OS-R OPEN SPACE-RESTRICTED DISTRICT[[13]]

Footnotes:

--- ( 13 ) ---

Editor's note— Ord. No. 11-388, § 42, adopted Dec. 14, 2011, renumbered Pt. 8 as Pt. 9 and changed the title from "OS open space district" to "OS-R open space-restricted district".

The purpose of the OS-R district is to designate areas which, because of natural habitat, visual and aesthetic value or other reasons, should be preserved as natural open space by restricting or transferring development rights in conformance with the goals, policies, and objectives of the city's general plan. Land uses permitted will be those which are sensitive to the designation of open space and the existing natural resources.

(Ord. No. 11-388, § 42, 12-14-2011)

No use shall be permitted in the OS-R district without a conditional use permit.

(Ord. No. 11-388, § 42, 12-14-2011)

Subject to obtaining a conditional use permit, as required by section 9673 et seq., the following uses may be permitted:

A.

One (1) single-family dwelling per lot. See section 9486 regarding transfer development rights;

B.

Light agricultural uses subject to the provisions of section 9214.1;

C.

Parks and trails;

D.

Wildlife preserves;

E.

Public or private recreational uses which bear a reasonable relationship to open spaces, including riding academies, golf courses and the like.

Once a conditional use permit is granted pursuant to section 9673 et seq., the following accessory uses and structures shall be permitted subject to the provision of chapter 6:

A.

Accessory buildings, uses and structures;

B.

Accessory dwelling units pursuant to section 9283;

C.

Domestic animals;

D.

Limited animal husbandry, provided that the intensity of land use is low and the open character of the land is not negated;

E.

Stands for the display and sale of any agricultural products lawfully produced on said lot.

(Ord. No. 21-456, § 10, 8-25-2021)

After a conditional use permit is granted pursuant to section 9673 et seq., the following uses may be permitted subject to the approval of the director:

A.

Access to a lawfully permitted use in another land use district;

B.

Mobile homes used as residence during construction;

C.

Mobile homes used as a caretaker's residence.

In the OS-R district, the maximum density as established by the provisions of section 9652 et seq., not to exceed one (1) unit per five (5) acres, may be transferred to another lot on a parcel in a residential district within the city subject to the dedication of the total development rights of the property in the OS-R district to the city pursuant to the provisions of chapter 6 of this article.

(Ord. No. 11-388, § 43, 12-14-2011)

All uses and structures not specifically provided for in sections 9481—9485, inclusive, are strictly prohibited in the OS-R land use district. Permitted or conditionally permitted uses shall not be added to this part unless such use or uses are first approved by the voters of the city by a two-thirds (⅔) vote of those voting on the question. Any request or proposal to add one (1) or more permitted or conditionally permitted uses shall be processed by the city in a manner consistent with the requirements of section 9821.5.

(Ord. No. 99-300, § 3, 11-2-99; Ord. No. 11-388, § 43, 12-14-2011)

Subject to the provisions of chapter 6, the development standards set forth in the following provisions of this section shall apply in the OS-R district.

(Ord. No. 11-388, § 43, 12-14-2011)

9488.1. - Minimum lot specifications.

The minimum lot area shall be subject to the provisions of section 9652 et seq.

Subject to the provisions of section 9652 et seq. the minimum yards shall be as follows:

A.

The minimum front yard shall be fifty (50) feet;

B.

The minimum side yard shall be twenty-five (25) feet;

C.

The minimum rear yard shall be fifty (50) feet.

Subject to the provisions of section 9652 et seq., the maximum building site coverage shall be ten (10) percent.

Subject to the provisions of section 9652 et seq., the maximum building height shall be thirty-five (35) feet.

All parking and loading shall comply with the provisions of chapter 6.

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

9488.7. - Signs.

All signs shall be in compliance with chapter 6.

In any OS-R district, the following special standards set forth in the following provisions of this section shall apply.

(Ord. No. 11-388, § 44, 12-14-2011)

9489.1. - Livestock and poultry raising standards.

Livestock and poultry raising shall conform to the following requirements:

A.

Poultry, fowl and rabbits not to exceed fifty (50) birds and twenty-four (24) rabbits;

B.

Pigeons not to exceed twelve (12) per parcel;

C.

A maximum of any combination of horses and other equines, cattle, llamas, alpacas, sheep or goats not to exceed eighteen (18) per acre.

1.

The raising, maintaining, keeping or grazing of horses and other equines, and cattle, including the breeding and training thereof shall be limited to a maximum of eight (8) adult animals per acre:

a.

No raising or grazing of any animals shall occur as a part of, nor shall be conducted in conjunction with, any dairy, livestock feed yard, livestock sales yard or commercial riding academy located on the same premises.

2.

A maximum of any combination of adult llamas or alpacas not to exceed ten (10) per acre.

3.

A maximum of any combination of adult sheep or goats not to exceed ten (10) per acre.

D.

Hogs or pigs shall be permitted, provided:

That said animals are, as a condition of use, located not less than fifty (50) feet from any street and not less than fifty (50) feet from the side or rear lines of any lot parcel of land or buildings used for human habitation;

2.

That said animals shall not be fed any market refuse or similar imported ingredient or anything other than table refuse from meals consumed on the same lot or parcel of land, or grain;

3.

That no more than two (2) weaned hogs or pigs are kept, except for 4-H projects;

4.

That said animals shall be penned.

E.

No animals or fowl, except dogs and cats kept as domestic pets, shall be housed, stalled, lodged, maintained or confined in a building or structure within thirty-five (35) feet of any street or structure designed for human habitation. This provision excludes corrals.

F.

All animals shall be maintained and controlled in a safe and healthy manner so as to not cause any private or public nuisance.

(Ord. No. 205, § 1, 3-25-92)

In order to permit any development the following criteria shall be met:

A.

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

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

I.

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

J.

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

K.

Adequate justification has been provided as to why the transfer of development rights, as provided in section 9653 et seq., is not being utilized.

(Ord. No. 11-388, § 45, 12-14-2011)