9293.2. - Applicability. — Agoura Hills Zoning Code

The standards contained within this part of the supplement are in addition to the development standards for the applicable zoning district in which a proposed project is located. If a conflict occurs between this part and other provisions contained within article IX of the Agoura Hills Municipal Code, this part shall govern.

This part shall be applicable to a proposed housing development containing no more than two (2) residential units which meets the following requirements:

A.

The project is located on a parcel with a zoning designation of RS, RL, or RV.

B.

The parcel satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.

C.

Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

Housing that has been occupied by a tenant in the last three (3) years.

D.

The parcel subject to the proposed housing development is not a parcel on which an owner of residential real property has exercised the owner's rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

The proposed housing development does not allow the demolition of more than twenty-five (25) percent of the existing exterior structural walls, unless the site has not been occupied by a tenant in the last three (3) years.

F.

The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or any local City of Agoura Hills historic resources registry that may be established.

(Ord. No. 23-471, § 3, 7-12-2023)

9293.3. - Application and review process.

A.

By-right approval. Projects that comply with the requirements of this part are permitted by right.

B.

Review and approval. An application for a project pursuant to this part shall be completed on a form provided by the planning and community development department for an administrative review. The administrative review application shall be reviewed by the director and shall be granted if it is found that the application complies with all of the requirements of this part.

C.

Grounds for denial. Notwithstanding section 9293.3.B, the director may deny a proposed housing development project if the building official makes a written finding, based upon a preponderance of the evidence, that the proposed housing development project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the California Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

D.

Application checklist. The requirements for submittal of an administrative review application pursuant to this part shall be listed on a form provided by the planning and community development department.

E.

Expiration. If the owner has not obtained a certificate of occupancy within three (3) years of the approval date for the administrative review application, the approval shall expire and become null and void. Prior to the expiration of the administrative approval, the applicant may request an extension for a period of time not exceeding twelve (12) months. An extension shall be granted by the director if the applicant is diligently working toward obtaining all necessary approvals from other agencies.