Part 4 — RESERVED

9534—9540. - Reserved.

PART 5. - FC FREEWAY CORRIDOR OVERLAY DISTRICT

The purpose of the freeway corridor overlay district shall be to recognize the importance of the land use, architectural design, and appearance of development within the freeway corridor to the city's image, to establish special design guidelines for all development within said areas, and to establish findings that will ensure that future developments are compatible with the city's historic character.

The areas within the freeway corridor overlay district are "gateways"; they are seen first by visitors and residents as they pass through the city, and as they exit the freeway to enter the city. These areas are of crucial importance in establishing the city's identity and character in the minds of visitors and residents.

(Ord. No. 98-278, § 1, 1-14-98)

All development in the FC overlay district shall provide for:

A.

The use of naturalistic and native landscaping, particularly native oaks, throughout the development;

B.

Preservation of key distant vistas, such as the Santa Monica Mountains and the Simi Hills;

C.

Preservation of local landmarks in terms of visibility, including Ladyface Mountain and Strawberry Hill;

D.

Preservation of designated open space corridors and trails;

E.

Installation and maintenance of landscaping, including street trees, center median treatment and parkway treatment;

F.

Use of compatible colors and materials to preserve and enhance the scenic quality of the freeway corridor;

G.

Total screening of all unsightly uses with berms, decorative walls and/or landscaping.

Except for the following, all uses permitted in the underlying district shall be permitted in this district.

In addition to the prohibited uses in the underlying district, the following are prohibited in the FC overlay district:

A.

Cabarets, adult book stores, adult entertainment, adult theater and similar adult uses, outdoor displays except new car franchise dealerships, mini storage facilities and yards, truck and equipment rentals, and the like.

B.

Off-sale alcoholic beverage establishments. This section shall not apply to the wholesale sale of alcoholic beverages or to the sale of alcoholic beverages which are wrapped or otherwise enclosed in a sealed container and sold as part of a gift package or other goods, only where there is no public display of alcoholic beverages where the sale of such items is incidental to the primary business on the premises, and where the sales of such items do not exceed fifteen (15) percent of the gross sales of the business at said location. This section shall also not apply to supermarket/food stores with a floor area greater than ten thousand (10,000) square feet.

(Ord. No. 130, § 1, 7-29-87; Ord. No. 150, § 1, 5-11-88; Ord. No. 09-362, § 4, 7-8-09)

The FC overlay district shall be applied only to six hundred sixty (660) feet north and south of the right-ofway edge of the Ventura (101) Freeway.

Whichever is greater, the development standards of the underlying district or the following shall apply:

All development adjacent to the freeway in the FC overlay district shall provide for:

A.

A setback of all structures from the freeway right-of-way of one (1) foot for each two (2) feet of building height, with a minimum of twenty (20) feet, for one (1) story, and two (2) feet of setback per one (1) foot of building height for any building taller than twenty (20) feet.

B.

The installation and maintenance of landscaping and automatic irrigation system in the freeway right-ofway, subject to the approval of the city and California Department of Transportation. If such installation is not possible, then the equivalent landscaping shall be provided on the subject property.

C.

The provision of a six-foot high decorative wall or equivalent berming and planting for the full frontage of the freeway.

The following development shall be subject to the issuance of a conditional use permit pursuant to Agoura Hills Municipal Code Sections 9545.1 and 9673, et seq.:

A.

The development either:

(i)

Includes a freestanding structure with a total building area of sixty thousand (60,000) square feet or more; or

(ii)

Includes structures with a cumulative total building area of one hundred thousand (100,000) square feet or more;

AND

B.

The development is located, in part or in full, in the CS, CR or CRS zones of the FC overlay district.

For the purposes of this section, in order for a structure to be considered "freestanding" it should have sufficient distance from an adjacent structure to provide separate visual identity.

(Ord. No. 98-278, § 2, 1-14-98)

In addition to the findings required by Agoura Hills Municipal Code Section 9673.2.E, the planning commission shall make the following findings before granting a conditional use permit:

1.

The project is compatible with the city's semi-rural character and does not overwhelm the city's lowintensity development style.

The project's features and space enhance the site so that the buildings are integral parts of the community fabric. To the maximum extent feasible, taking into consideration more than just economic feasibility, the project is situated on the site to maximize the views of the city's points of natural scenic beauty, such as Medea Creek, Ladyface Mountain or Strawberry Hill.

3.

Parking areas provide safe and convenient access. Parking areas are situated on the site and landscaped to avoid vast expanses of uninterrupted parking spaces. A parking study shall be prepared to determine parking adequacy.

4.

The site design works with the characteristics of the existing terrain and maximizes preservation of open space to the maximum extent feasible, taking into consideration more than just economic feasibility. The existing terrain and natural contours have been incorporated into the site plan design to maximum extent feasible, taking into consideration more than just economic feasibility. Where features of special interest such as hillsides, streams, or oak trees exist on the project site, they have been integrated into the design. The planning commission has the discretion to impose conditions as it may deem to be necessary to minimize and mitigate grading, the use of retaining walls, and the use of large flat pads.

5.

The project design avoids or mitigates significant impacts to sensitive or endangered plants and animals and sensitive plant communities such as oak woodlands or riparian habitat.

6.

The development design conveys the high quality image envisioned in the general plan. Views of the site from the freeway, city gateways, and abutting residential areas compliment and enhance the city's low intensity and semi-rural character. Line of sight studies shall be prepared to determine the visual impacts of the project.

7.

Building facades are articulated on all sides: There are no long, unbroken facades. The building facades are of natural, non-reflective or low-reflective materials such as wood, stone, brick, or textured concrete. The building's predominant colors are subtle, neutral, or earth tone. Variations in roof lines are used to add interest to and reduce the massive scale of large buildings. Roof features compliment the character of adjoining neighborhoods.

8.

Landscaping compliments the natural setting of the region.

9.

Traffic, light, noise, and other environmental impacts shall be mitigated to the maximum extent feasible, taking into consideration more than just economic feasibility. A project shall not be approved if, after

implementation of any required traffic mitigation measures, the project's traffic will significantly reduce the existing level of service on any local street in a residential neighborhood. A traffic study shall be prepared to determine impacts and identify mitigation measures.

10.

If any point on any lot line of any parcel on which the development is proposed to be located is within five hundred (500) feet of any point on any lot line of any residentially zoned property (including property in any open space district in which residential uses are permitted or conditionally permitted), the project is compatible with residential uses. This finding is imposed in recognition of the impact of such developments on residential uses, including impacts on local street traffic, noise, light, security, view corridors, and other environmental impacts. The planning commission has the discretion to impose such conditions as it may deem to be necessary to ensure compatibility with residential uses, including but not limited to conditions relating to:

(i)

The size, scale and configuration of the development;

(ii)

Glare on residential properties from outdoor lighting;

(iii)

Noise from loading docks, parking areas, and other outdoor areas of the development;

(iv)

Security in the neighborhood;

(v)

Traffic and circulation in the neighborhood;

(vi)

Landscaping and other design features to buffer the aesthetic impacts on residential properties; and

(vii)

Other environmental impacts.

(Ord. No. 98-278, § 2, 1-14-98)

9546—9550. - Reserved.

PART 6. - OA OLD AGOURA DESIGN OVERLAY DISTRICT

The purpose of the OA overlay district is to preserve the unique character of Old Agoura through the establishment of special public improvement standards and design guidelines, and in specific areas of the district, particular types of smaller-scale and community-serving commercial uses.

(Ord. No. 09-358, § 7, 1-18-2009; Ord. No. 11-388, § 51, 12-14-2011)

9552. • Permitted uses.

All uses permitted in the underlying district shall be permitted in this district, except subarea 11 of the general plan (Old Agoura Commercial Center Area), consisting of the area south of the Ventura Freeway, west of Chesebro Road, extending south to the parcels along Agoura Road, and just beyond Lewis Road to the west, which is identified in exhibit A of this section, shall be limited to the following uses. Where a specific use is not listed, the director of planning and community development has the discretion to allow it if it is found to be compatible with the intent of section 9551.

(Ord. No. 11-388, § 51, 12-14-2011)

9552.1. - Permitted uses within the buildable area of commercial lots.

1.

Advertising business office;

2.

Amusements/shooting ranges;

3.

Antique store;

4.

Appliance store;

5.

Appliance repair shop;

6.

Art gallery;

7.

Art studio;

8.

Auto service station, primary;

Auto parts and accessory store;

Bakery/pastry shop;

Banks and financial institutions;

Bar/tavern; 13.

Barber shop; 14.

Bicycle sale, rent, service; 15.

Butcher and meat market; 16.

Certified farmer's market; 17.

Candy store; 18.

Child care center; 19.

Church/temple;

Citizens' improvement club/community center;

Clinic, child-family guidance;

Clinic, physical therapy;

23.

Clothing and apparel store;

24.

Coin operated amusement machine, incidental to a permitted use;

Computer programming/software and system design;

Computer sales, rental, lease and service, and training;

Concession, temporary;

Costume shop, sale and rent;

Curio/novelty shop;

Dancing as an incidental use in a bar or restaurant;

30.1

Daytime pet care and overnight boarding;

Delicatessen;

Dressmaker/tailor;

Drugstore;

Electronics store;

Electronic, mechanical or video games, arcade;

Eye glasses and frames and contact lens sales and service;

37.

Floor covering, drapery or upholstery store;

Florist;

Furniture store;

Furniture cleaning, refinishing or reupholstery shop;

Gardening-landscaping service yard and workshop;

Gardening-landscaping supply store;

Gift/card store;

Grooming service, such as dog grooming;

Gun shop/gunsmith;

Hardware store;

Hay, seed and grain store;

Hearing aids sales and service;

Interior decorators office;

Janitor service;

Jewelry store sales, repair;

Laboratory, medical, dental or optical;

Laboratory, research, analysis;

Laboratory, materials testing;

Lapidary shop;

Laundry or cleaning agency, retail (on-site cleaning permitted);

Live entertainment;

Laundry or cleaning pick up station;

59.

Lawnmower engine and garden power tool repair;

Library;

Live theater;

Locksmith, key and lock;

Mail order business;

Messenger service;

Motion picture theater;

Motion picture filming, temporary;

Museum;

Music store, music sales, instrument sales and repair;

Newspaper, magazine stand;

Nursery, plants;

Office, business or professional;

Office, insurance;

Office, medical or dental;

Office, public relations or advertising;

Office, real estate;

76.

Office, accountants, bookkeepers;

77.

Office machines and equipment sales;

78.

Paint and wallpaper store;

79.

Pest control service;

80.

Pet store, no kennel;

81.

Photocopy service;

82.

Photographic supply/camera store;

83.

Photographic studio, including incidental processing;

Picture framing shop;

Prescription pharmacy;

86.

Remote teller, for pedestrian use;

87.

Restaurant/café;

Retail store;

Saddlery/equestrian shop;

School: modeling, acting;

Shoe repair shop; 92.

Shoe store;

Snack shop: ice cream, coffee, juice;

Sporting goods and athletic equipment store;

Stamp/coin store;

Stationery store;

Studio: dance, yoga;

Studio: martial arts, gymnastics;

Studio: radio, television, recording;

Swimming pool, spa sales and service;

Tailor/dressmaker;

Telephone answering service;

Television and radio repair shop;

Ticket agency; 105. Tobacco shop; 106. Toy store; 107. Travel agency; 108. Veterinarian/animal hospital; 109. Watches, sale, repair; 110.

Wig sales and service; 111.

Winery and beer sales facility/tasting room, except as prohibited by section 9542.1(B).

==> picture [421 x 517] intentionally omitted <==

(Ord. No. 11-388, § 51, 12-14-2011; Ord. No. 14-405, § 4, 2-26-2014; Ord. No. 14-412, § 4, 1-14-2015)

9552.2. - Conditional uses.

Any modification, alteration or change of the exterior of the following structures shall be subject to a conditional use permit:

"Amazing Kate's"

"Old Post Office"

"Stage Door Theatre"

"Agoura Sign"

Any use or structure not specified in section 9552 and 9552.2 shall be prohibited.

Within the special area described in section 9552, the following standards shall apply;

(Ord. No. 09-358, § 7, 1-18-2009)

The maximum building coverage shall be as approved as a part of any discretionary review. The maximum building coverage shall not exceed fifty (50) percent of the lot unless the proposed development consists of a commercial use encompassing more than one (1) lot.

(Ord. No. 09-358, § 7, 1-18-2009)

With the exception of the provisions contained in section 9233.4, the maximum building height shall be thirty-five (35) feet, or two (2) stories, whichever is less.

(Ord. No. 09-358, § 7, 1-18-2009)

With the exception of the provisions contained in section 9233.2., required yards shall be as approved as a part of any discretionary review and may not be required at all.

(Ord. No. 09-358, § 7, 1-18-2009)

Off-street parking and loading shall be provided as required by chapter 6, but if approved as a part of any discretionary review, may be located off the subject lot. Joint use provisions for off-street parking and loading shall be utilized wherever feasible.

(Ord. No. 09-358, § 7, 1-18-2009)

All signs shall be consistent with the provisions in chapter 6, and shall conform to the following criteria:

A.

Monument and/or directory signs are permitted for parcels with businesses whose signs are not visible from the street with a sign permit subject to design review. All other monument signs are permitted subject to a sign program. Monument signs may only be externally illuminated.

B.

No sign shall be internally illuminated, however; halo illuminated wall signs are permitted, subject to design review.

C.

Signs shall be made of materials such as wood, stone or materials that mimic wood or stone or nonreflective or patinated metals that enhance the rural appearance of the neighborhood. Other sign materials may be considered as part of a sign program.

D.

Signs located in the geographic area shown on the following exhibit shall be turned off at close of business or 9:30 p.m., whichever occurs later. In addition, this provision shall apply to signs oriented towards Dorothy Road on parcels located on the north side of Dorothy Road between Lewis Road and Palo Comado Canyon Road.

==> picture [372 x 486] intentionally omitted <==

(Ord. No. 09-358, § 7, 1-28-2009)

9553.6. - Required architectural style and building materials.

Project design and development shall perpetuate and reinforce the natural character of Old Agoura.

(Ord. No. 09-358, § 7, 1-18-2009)

9553.7. - Required landscaping and walls.

Required landscaping and walls shall be limited to the amount necessary to provide for adequate open space and security. With regard to landscaping, the emphasis shall be to provide appropriate pedestrian areas to encourage retail trade, but in no event shall less than fifteen (15) percent be provided.

(Ord. No. 09-358, § 7, 1-18-2009)

These standards are designed to promote a natural environment that is country like while allowing architecturally sensitive developments which perpetuate Old Agoura's unique rural character. In addition to all development standards provided for in the underlying district, the following shall be applicable in the OA Overlay District.

(Ord. No. 211, § 5, 5-27-92; Ord. No. 09-358, § 7, 1-18-2009)

While encouraging the broadest possible range of individual and creative design, the planning commission or the director, where authorized, may grant site plan approval if the proposed development substantially conforms to all of the following standards:

A.

Commercial.

1.

Proposed signage is an integral architectural feature which does not overwhelm or dominate the structure or object to which it is attached.

2.

Mechanical equipment, storage and trash areas, and utilities are architecturally screened from public view.

3.

The proposed plans provide for adequate and safe on-site vehicular and pedestrian circulation.

4.

The main entrance to any commercial or business building provides for independent access for the physically impaired.

5.

All fences and walls shall be finished on both sides.

6.

No outdoor display or storage shall be permitted except for nurseries.

B.

Residential.

1.

Six-foot-high fences shall be permitted in any required front or street side yard when it can be demonstrated that it will be sufficiently open to preserve adequate visibility of vehicles entering and leaving said property. Solid walls are prohibited in the front yard setback areas.

2.

Residential development in Old Agoura shall embrace an eclectic, rural style that preserves the equestrian nature of the area and shall be consistent with the Old Agoura Design Guidelines found in the City's Architectural Design Standards and Guidelines and the Equestrian Overlay.

3.

Residential development shall not render property untenable for horses and other farm animals.

C.

Commercial/residential.

1.

The proposed design is in character with existing development in the Old Agoura District, in terms of height, materials, colors, roof pitch, roof eaves, and the preservation of privacy.

2.

The proposed plans indicate proper consideration for the relationship between the existing and finished grades of the site to be improved and adjacent properties.

3.

Lighting is stationary and is deflected away from adjacent properties.

4.

All building elevations have been architecturally treated in a compatible manner including the incorporation within the side and rear building elevations of some or all of the design elements used for the primary facades.

5.

Fences or walls constructed of grape stake, plywood, sheet metal, corrugated aluminum, corrugated fiberglass, barbed wire, rubber, PVC (excluding plastic corrals designed for equestrian use), or razor ribbon are prohibited, except where allowed by a temporary use permit for an approved construction project. Rural ranching and farm materials designed consistent with the architecture of the house will be considered as part of a site plan review.

ood, sheet metal, corrugated aluminum, corrugated fiberglass, barbed wire, rubber, PVC (excluding plastic corrals designed for equestrian use), or razor ribbon are prohibited, except where allowed by a temporary use permit for an approved construction project. Rural ranching and farm materials designed consistent with the architecture of the house will be considered as part of a site plan review.

Exterior materials and colors shall harmonize with, and complement the surrounding natural and man-made environment. Where appropriate, dominant exterior colors shall reflect a natural earthtone theme using warm and rich colors. Exterior treatments characterized by an overly bright, shiny, reflective or artificial appearance shall not be permitted.

6.

To the greatest extent possible, the architectural design and location of the building shall discourage grading on a hillside. If grading is required, building shall be integrated into existing terrain such that grading is minimized, taking care to preserve the viewshed, natural ridgelines, and oak trees.

7.

Native, drought resistant plants are recommended for project landscaping. Such plants are required and shall be used extensively on manufactured slopes. Refer to the City of Agoura Hills Plant Guide for lists of appropriate vegetation.

(Ord. No. 211, § 6, 5-27-92; Ord. No. 09-358, § 7, 1-18-2009)

9556—9560. - Reserved.

PART 7. - IH INDIAN HILLS DESIGN OVERLAY DISTRICT

The purpose of the IH overlay district is to address the natural and development problems of the Indian Hills area by establishing special public improvement standards and development guidelines.

All uses permitted in the underlying district shall be permitted in this district, except as otherwise provided by the following provisions of this section.

The following uses shall be permitted in the IH overlay district subject to the issuance of a conditional use permit by the planning commission:

A.

Any modification, alteration or exterior change to the Indian statue.

For all property subject to the provisions of section 9652, the density and development requirements of section 9652.3 A and B shall be applicable.

No property shall be developed without fully improved public street access and full underground utility improvements within the public street right-of-way including, but not limited to, power, water, gas, sewer and storm drain improvements.

In this overlay district any discretionary review shall include the review of the architectural treatment of all buildings, and structures as to:

A.

Compatibility of materials and colors;

B.

Conformance to existing terrain;

C.

Appearance from adjacent street, distant arterials, and the Ventura Freeway.

9562.5. - Private sewer system prohibition.

No property shall be developed with a private sewer system. All systems shall be hooked up to the public sewer system.

9563—9570. - Reserved.

PART 8. - CD CLUSTER DEVELOPMENT OVERLAY DISTRICT

The purpose of the CD overlay district shall be to provide the clustering of development, creative and imaginative design and the development of parcels of land as coordinated projects involving a mixture of residential densities and housing types and open space. The CD overlay district is further intended to provide for the optimum integration of suburban and natural amenities within developments, through the use of clustering of dwelling units and provision of minimum standards in terms of open space amenities. The CD overlay district is established to give the land developer assurance that innovative and unique land development techniques will be given reasonable consideration for approval and to provide the city with assurance that the completed project will adhere to the character of the approved project.

The CD overlay district may be applied in place of the density designation for the following districts:

A.

Single-family residential RS;

B.

Medium density residential RM;

C.

High density residential RH.

(Ord. No. 11-388, § 52, 12-14-2011)

All the uses permitted in the underlying district shall be permitted in the CD overlay zone. In addition the following shall be permitted uses in the CD overlay district:

A.

Cluster development; townhouses;

B.

Condominiums, both air space and statutory;

C.

Mobile home parks;

D.

Multifamily dwellings;

E.

Residential real estate developments, as defined in the Business and Professional Code;

F.

Single-family dwellings on lots smaller than permitted by the underlying district, as district, as specified under section 9577.5.

Whenever the CD overlay district is applied to property, the minimum density limit of the land use element of the general plan shall automatically apply. For example, RS-CD shall mean two (2) dwelling units per acre. As a part of any discretionary review, the minimum density range may be increased to the maximum of the range of the land use element of the general plan through the following series of steps if the indicated increased amenities are offered as a part of any required application and detailed development plans are approved.

Except as modified by the appropriate authority, to increase the minimum density as specified in the land use element of the general plan by one-third, the following additional amenities shall be provided:

A.

Five (5) times the Quimby Act fee or land dedication requirement, as specified in the city's subdivision regulations, and a contribution covering the cost of development of one-third of a designated city park, or the commission may authorize the utilization of said amount for one (1) of the options specified in section 9574.35.

B.

Active solar and other energy conservation facilities, in excess of the Building Code requirements, in the individual units;

C.

Swimming pools and recreation facilities;

D.

Upgraded paving materials;

E.

Entry features;

F.

At least fifty (50) percent of all trees provided to be specimen plant materials at least twenty-four-inch box in size;

G.

A one-third increase in the required contribution to the city transportation improvement fund, or the commission may authorize the utilization of said amount for one (1) of the options specified in section 9574.35.

Except as modified by the appropriate authority, to increase the minimum density range as specified in the land use element of the general plan by two-thirds, the following additional amenities shall be provided:

A.

Ten (10) times the Quimby Act fee or land dedication requirement as specified in the city subdivision regulations, and a contribution covering the cost of development of two-thirds of a city park, or the commission may authorize the utilization of said amount for one (1) of the specified options in section 9574.35;

B.

Active solar and other energy conservation facilities, in excess of the Building Code requirements, in the individual units;

C.

Swimming pools and recreation facilities;

D.

Upgraded paving materials;

E.

Entry features;

F.

At least seventy-five (75) percent of all trees provided to be specimen plant materials at least twenty-fourinch box in size;

G.

A two-thirds increase in the required contribution to the city transportation improvement fund, or the commission may authorize the utilization of said amount for one (1) of the options specified in section 9574.35;

H.

Children's play areas of sufficient size to meet the needs of the ultimate number of children expected to reside in the development.

Except as modified by the appropriate authority, to increase the minimum density, as specified in the land use element of the city's general plan to the maximum, the following amenities shall be provided:

A.

Twenty (20) times the Quimby Act fee or land dedication requirement, as specified in the city's subdivision regulations, a contribution covering the total cost of the development of a city park, or the commission may authorize the utilization of said amount for one (1) of the options specified in section 9574.35;

B.

Active solar and other energy conservation facilities, in excess of the Building Code requirements, in the individual units;

C.

Swimming pools and recreation facilities;

D.

Upgraded paving materials;

E.

Entry features;

F.

All of the trees provided to be specimen plant materials at least twenty-four-inch box in size;

G.

A one hundred (100) percent increase in the required contribution to the city's transportation improvement fund, or the commission may authorize the utilization of said amount for one of the options specified in section 9574.35;

H.

Children's play areas of sufficient size to meet the needs of the ultimate number of children expected to reside in the development.

In lieu of either subsections A or G in section 9574.1 through 9574.3, the applicant may request and the commission may approve the utilization of the required funds for any one of the following:

A.

A contribution covering the cost of one-third, two-thirds, one hundred (100) percent the cost of the acquisition and the removal of a billboard.

B.

Provision of an increase in the required contribution to the school district by one-third, two-thirds, one hundred (100) percent.

C.

A contribution covering the cost of one-third, two-thirds, one hundred (100) percent the cost of a major element of a community center.

D.

A contribution covering the cost of one-third, two-thirds, one (1) mile of undergrounding of a major transmission line.

E.

A contribution covering the cost of one-third, two thirds, one (1) mile of landscaping of the Ventura Freeway, as approved by the city and Caltrans.

F.

Utilization of density transfer units as a part of the development.

The provisions of sections 9574 through 9574.3 shall not apply to developments that are exclusively developed for housing for senior citizens.

In addition to the submittal requirements of any discretionary application, the following shall be submitted for projects in the CD overlay district:

A.

Written documents.

1.

Legal description of the total site proposed for development, including a statement of present and proposed ownership;

2.

A statement of planning objectives to be achieved by the project through the particular approach proposed by the applicant. This statement shall include a description of the character of the proposed development and the rationale behind the assumptions and choices made by the applicant;

3.

Specific request as to any request for density increase pursuant to section 9574, including an agreement to provide the required amenities;

4.

A preliminary development schedule indicating the proposed phasing program and the approximate date when construction of the project or the stages of the project can be expected to begin and be completed;

5.

A statement of the applicant's intentions with regard to the future selling or leasing of all or portions of the project;

6.

Quantitative data for the following; total number and type of dwelling units; parcel size; proposed lot coverage of buildings and structures; approximate gross and net residential densities; total amount of open space including the precise amount of usage open space; total amount of nonresidential construction including justifications of ancillary character of the construction; written indication of compliance or noncompliance to established standards of this chapter; economic feasibility studies and other studies as required by the city.

B.

Site plan and supporting maps.

The existing site conditions including contours at two-foot intervals, water-course, floodplains, unique natural features and any forest cover;

2.

Proposed lot lines and plot designs;

3.

The location and floor size of all existing and proposed buildings, structures and other improvements including maximum heights, types of dwelling units, density per type and nonresidential structures including preliminary architectural renderings of typical structures;

4.

The location and size in acres or square feet of all to be conveyed, dedicated, or reserved as common open spaces, public parks, recreational areas, schools sites, and similar public and semi-public uses;

5.

The existing and proposed circulation system of arterial, collector, and local streets including off-street parking areas, service areas, loading areas, and major points of access to public rights-of-way. Notations of proposed ownership, public or private;

6.

The existing and proposed circulation system, including its interrelationships with the vehicular circulation system;

7.

The existing and proposed utility systems;

8.

A general landscape plan indicating the treatment of materials for private and common open areas;

9.

Preliminary grading plan;

10.

Information on lands adjacent to the project to indicate the relationships between the proposed development and adjacent areas;

11.

The proposed treatment of the perimeter of the project including materials and techniques used such as mounding, screens, fences and walls;

Photographs of all adjacent parcels;

13.

Any additional information as required by the city necessary to evaluate the character and impact of the proposed development.

C.

The information required by this section shall be submitted for all of the land intended to be included in the application. Where projects are developed in stages, the detail information shall be submitted for those stages to be developed immediately. Sketch plans including the bare essentials, land uses, densities, site design, adjacent uses, circulation, shall be submitted for the remaining lands to be developed in future stages of the project. Subsequent phases shall be evaluated in terms of these plans. If substantial deviation exists, the applicant shall file all the information as required in this section for the subsequent phases as amended development plan or a new development plan as appropriate.

Subject to the provisions of this title, minor changes in the location, siting, and height of buildings and structures may be authorized by the planning commission, if required by engineering or other circumstances not foreseen at the time the development plan was approved. No change authorized by this section may cause any of the following:

A.

A change in the use of character of the development;

B.

An increase in greater than ten (10) percent in overall coverage of structures;

C.

An increase in the intensity of use;

D.

An increase in the problems of traffic circulation and public utilities;

E.

A reduction of more than ten (10) percent of the area shown as open space;

F.

A reduction of more than ten (10) percent of the approved off-street parking;

G.

A reduction in required pavement width.

Within one (1) year following the final approval of the development plan, the applicant shall file for the final review of the project by filing the information required in chapter 6. The review process, in addition to its regular findings, shall determine whether the precise construction plans and precise landscape plans are in substantial compliance with the development plan, provided that any modification by the applicant does not involve a change of one (1) or more of the following:

A.

Violate any provision of this article;

B.

Vary the lot area requirements by more than ten (10) percent;

C.

Involve a reduction of more than ten (10) percent of the area reserved for the common open space and/or usable open space;

D.

Increase or decrease the floor area proposed by more than ten (10) percent;

E.

Increase the total ground area covered by buildings more than five (5) percent;

F.

An increase in the number of dwelling units.

If it is determined that the plans are not in substantial compliance, an amendment and/or a new development plan shall be filed and processed, as appropriate.

All areas on the development plan shall be subject to the following: The standards for development in CD overlay district set forth in this chapter and any supplemental standards for the planned community designated in the development plan. In addition, the development standards of the underlying district, if more restrictive, shall apply.

Trash handling facilities shall be provided for all developments with the CD overlay district with the exception of single-family detached dwellings. A trash enclosure will be provided for all but excepted uses, unless the proposed location of the trash area is completely enclosed by walls or buildings. The

freestanding trash enclosure shall be constructed of masonry block. No trash shall be allowed to extend above or beyond the enclosure.

In addition to requiring all development plans to comply to the following special standards of section 9577 through 9579, the city council and/or planning commission may impose such other conditions to the development plan as it deems necessary to desirable in carrying out the general purpose and intent of this chapter.

A.

At least fifty (50) percent of all required common open space shall be approximately level, defined as not more than thirteen and one-half (13½) percent grade.

B.

The common open space shall be land within the total development site used for recreational purposes including buildings, used for recreation purposes, parks or environmental purposes for enjoyment by occupants of the development and their guests, or land dedicated to the city for public parks.

C.

Common open space shall not include public or private streets, driveways, private yards, private patios, and parking areas.

With no parking, the private roads shall be thirty (30) feet wide; with parking on one (1) side, thirty-four (34) feet wide; and with parking on two (2) sides, forty (40) feet wide. The roadways shall be a minimum of asphaltic concrete with concrete curbs and gutters as approved by the director of community development. Standards of design and construction of roadways, both public and private, within the project may be modified as is deemed appropriate by the city, especially where it is found that the development plan provides for the separation of vehicular and pedestrian circulation patterns and provides for adequate off-street parking facilities.

The standards of sections 9577 through 9577.3 shall be required unless modified by the development plan.

The minimum setback in all residential developments within the CD district shall be the designated distances from the ultimate right-of-way line of the streets specified in this title unless otherwise provided in this section:

A.

Freeway: Fifty (50) feet;

B.

Arterial: Thirty-two (32) feet;

C.

Secondary: Thirty-two (32) feet;

D.

Collector: Twenty (20) feet;

E.

Local: Twenty (20) feet.

9578—9580. - Reserved. PART 9. - MXD MIXED USE OVERLAY DISTRICT

9580. • Purpose.

The purpose of the MXD overlay district is to provide for a limited number of multi-family dwellings allowed conditionally to support the other land uses as part of a mixed-use project.

(Ord. No. 14-409, § 11, 8-13-2014)

All uses permitted in the underlying district shall be permitted in this district, except as otherwise provided by the following provisions of this section.

(Ord. No. 14-409, § 11, 8-13-2014)

Multi-family residential dwellings may be permitted subject to a conditional use permit. Such residential uses shall be part of a residential mixed-use development with commercial uses. Residential uses shall be permitted provided that resident-serving recreation and other amenities are incorporated into the development; the residential and surrounding non-residential uses are compatible; and the residential and non-residential portions of the development are integrated by architectural design, pedestrian walkways, and landscaping.

(Ord. No. 14-409, § 11, 8-13-2014)

The development standards of the underlying district shall apply. In addition, the following standards shall apply to residential mixed-use developments:

A.

At least fifty (50) percent of the first floor linear frontage on a roadway shall consist of non-residential uses.

B.

The minimum interior depth of the non-residential spaces in a residential mixed-use development shall be thirty (30) feet.

(Ord. No. 14-409, § 11, 8-13-2014)

9584. • Residential density.

Residential units shall be multi-family with a density of between fifteen (15) and twenty-five (25) dwelling units per acre (15—25 du/acre).

(Ord. No. 14-409, § 11, 8-13-2014)

9585. • Required findings for a residential mixed-use development conditional use permit.

No conditional use permit for a new residential mixed-use development shall be approved unless the findings in section 9673.2 and all of the following findings are made:

A.

Residential uses are part of a balanced, well-unified mixed-use development, with the residential and nonresidential uses integrated with each other and the remainder of the site through architectural and design elements.

B.

Resident-serving recreation and other amenities are incorporated into the development.

C.

Residential and non-residential uses are compatible.

D.

Residential and non-residential portions of the development are integrated by architectural design, pedestrian walkways, and landscaping.

E.

All other provisions of this zoning district can be satisfied.

(Ord. No. 14-409, § 11, 8-13-2014)

9586. • Residential design requirements.

Multi-family housing shall be part of a residential mixed-use development on the same lot, or the residential and non-residential components may be proposed on separate but adjacent lots as part of a unified project. Residential and non-residential uses in a mixed-use project shall be implemented in the same phase. Multi-family housing shall comply with the regulatory provisions of chapter 6, and include the following minimum design requirements:

A.

All parking and loading shall comply with the provisions of section 9654 et seq., and include on-site designated residential parking, which shall be separate from the on-site non-residential use parking;

B.

Recreational and other residential-serving amenities provided, including useable outdoor developed open space for the residents pursuant to section 9273.7;

C.

Residential mixed-use buildings shall be designed to assure compatibility among uses, which shall include separate access, fire suppression barriers, separate resident parking, and noise insulation; and

D.

Utilities and signs shall be in compliance with chapter 6.

(Ord. No. 14-409, § 11, 8-13-2014)

PART 10. - EQUESTRIAN OVERLAY DISTRICT

The purpose of the EQ - Equestrian Overlay District is to create, enhance, and protect the equestrian and rural atmosphere within the overlay area.

(Ord. No. 09-358, § 8, 1-18-2009)

All uses permitted and conditionally permitted in the underlying district shall be permitted in this district.

(Ord. No. 09-358, § 8, 1-18-2009)

In addition to the development standards governing development in the underlying district, the following development standards shall apply:

A.

Minimum horse keeping area. A minimum horse keeping area for the stabling and servicing of horses consisting of one thousand five hundred (1,500) square feet of useable area shall be designated as part of a

conditional use permit or site plan review for development of a house on a residential lot within the "EQ" Overlay District. A site plan identifying the location, dimensions, and slope of the one thousand five hundred (1,500) square foot area shall be provided to the city and retained in the city's files. At the discretion of the planning commission, the minimum horse keeping area shall be optional for lots under ten thousand eight hundred ninety (10,890) square feet (¼ acre) or lots with an average slope over twenty-five (25) percent.

B.

Useable area for horse keeping. Useable area for horse keeping areas shall be defined as an area with an average slope no greater than ten (10) percent. Proposed development projects shall demonstrate that the horse keeping area is able to viably site, at a minimum, the following horse facilities:

1.

Stall: Twelve (12) feet by twelve (12) feet or a minimum one hundred forty-four (144) square feet per horse with a minimum ten- foot interior clearance.

2.

Paddock (corral): A twenty-four (24) feet x forty-eight (48) feet (one thousand one hundred fifty-two (1,152) square feet) paddock area with length for running should be provided. Paddocks refer to pens, exercise areas, or pasture often adjacent to horse stalls.

3.

Access for feed delivery, manure management and veterinary access.

4.

A minimum area of one hundred fifty (150) square feet for hay and tack storage.

If it cannot be demonstrated that these facilities can be practically accommodated within one thousand five hundred (1,500) square feet, the planning commission may require additional square footage be dedicated to the horse keeping area.

C.

Uses permitted in horse keeping area. The dedicated horse keeping area, if not actually supporting horses, may be developed to the extent that any activity (such as landscaping) or structures may be easily removed without any loss of value to the entire property. Site improvements consisting of landscaping and irrigation; detached trellises, patio covers or gazebos; above-grade/portable spas; barbeques and fire pits; temporary (as defined by the building code) non-habitable accessory structures that are no more than one hundred

twenty (120) square feet in size and private sewage disposal systems shall be permitted within the one thousand five hundred-square-foot area. Orchards, vineyards and specimen trees are not considered landscaping for the purposes of this section and would be prohibited within the horse keeping area. Any improvements in the horse keeping area shall have a permeable foundation.

D.

Setbacks for horse facilities. Barns and other similar roofed structures for stabling or servicing horses shall be permitted to encroach up to thirty (30) percent into the required front yard setback of the underlying district.

E.

Equestrian trails. All lots adjacent to a proposed equestrian trail shall provide public equestrian trails in accordance with city plans and policies.

(Ord. No. 09-358, § 8, 1-18-2009)

==> picture [528 x 556] intentionally omitted <==

Chapter 6 - REGULATORY PROVISIONS

Part

1. In General, §§ 9601—9650

Div. 1. Purpose and Conformity, §§ 9601, 9601.1

Div. 2. Street Improvements, §§ 9602—9602.5

Div. 3. Underground Facilities, §§ 9603—9603.5

Div. 4. Lot Standards, §§ 9604—9604.6

Div. 5. Yard Standards, §§ 9605—9605.9

Div. 6. Accessory Structures, §§ 9606—9606.4

Div. 7. Building Height, §§ 9607, 9607.1

Div. 8. Existing Buildings, §§ 9608—9650

2. Special Regulations, §§ 9651—9670

Div. 1. Purpose, § 9651

Div. 2. Hillside and Significant Ecological Areas, §§ 9652—9652.19

Div. 3. Transfer of Development Rights, §§ 9653—9653.8

Div. 4. Off-Street Parking, Loading and Landscaping, §§ 9654—9654.4

Div. 5. Sign Regulations, §§ 9655—9655.13

Div. 6. Noise Regulations, §§ 9656—9656.9

Div. 7. Oak Tree Preservation Guidelines, §§ 9657—9657.5

Div. 8. Guidelines for Landscaping, Planting and Irrigation, §§ 9658—9658.6

Div. 9. Exterior Aesthetic Improvements, §§ 9659—9659.3

Div. 10. Marijuana, § 9660

Div. 11. Wireless Communications Facilities, §§ 9661—9661.22

Div. 12. Massage Establishments and Massage Practitioners and Therapists, §§ 9662—9663

Div. 13. Objective Design Standards For Multiple Family Dwellings, §§ 9663.1—9670

3. Special Permit or Review Plans, §§ 9671—9680

Div. 1. Purpose, § 9671

Div. 2. Change of Zone, §§ 9672—9672.9

Div. 3. Conditional Use Permit, §§ 9673—9673.7

Div. 4. Residential Density Bonus, §§ 9674.1, 9674.2

Div. 5. Mobile home Permit, §§ 9675—9675.3

Div. 6. Variance and Modification, §§ 9676—9676.6

Div. 7. Site Plans/Architectural Review, §§ 9677—9677.9

Div. 8. Temporary Uses, §§ 9678—9678.2

Div. 9. Revocation Provisions, §§ 9679, 9680

4. Agreements, §§ 9681—9682.6

Div. 1. Purpose, § 9681

Div. 2. Development Agreements, §§ 9682—9682.6

PART 1. - IN GENERAL DIVISION 1. - PURPOSE AND CONFORMITY

9601. • Purpose.

The purpose of the general provisions is to provide additional clarification and amplification of the requirements and standards governing development in each district.

The general provisions shall govern all uses and structures in every district in addition to the development standards in each district. No structure or use may be constructed, substantially changed, relocated, operated, occupied, established or maintained unless it conforms to the general provisions and the development standards of the district in which it is located. The provisions of chapter 7 shall regulate nonconforming uses and structures.

DIVISION 2. - STREET IMPROVEMENTS

The existence of inadequate street widths and improvements in the right-of-way adjoining buildings, dwellings and other structures within the city, and the lack of adequate sidewalks, trails, curbs, gutters, tiein pavement, drainage facilities, street lights, trees and other landscaping, and traffic signage and striping is found and declared to be dangerous to the public health, safety, and welfare of the inhabitants of the city.

9602.1. - Duty to improve.

Except as otherwise provided, every owner, lessee or other person constructing or substantially modifying or causing to be constructed or substantially modified, any building, structure or off-street parking facility in the city shall also provide for the construction of necessary curbs, gutters, drainage facilities, sidewalks, trails, pavement, street lights, trees and other landscaping, and traffic signage and striping. The improvements shall be made in accordance with city standards, specifications and design for all public and private street frontage adjoining the property upon which the construction is to be done. For the purposes of this section, substantial modification shall mean any expansion of the square footage of the building or structure, or parking facility.

Where it is found by the city that the proposed improvements or use of property will cause an increase in vehicular or pedestrian traffic which will constitute an additional burden upon existing streets and create the need for additional right-of-way, street extensions or other required improvements, the property owner shall dedicate sufficient right-of-way and provide the full improvements specified in section 9602.1 for the full width of the adjoining streets.

Further, the reviewing may require, as part of development, the recording of an agreement providing that the subject property will participate in any assessment district subsequently formed by the city to make improvements to the city's transportation system that will benefit such property.

The building official shall not conduct a final inspection of any building, structure, or other facility and shall withhold approval of permanent public utility connections thereto, other than telephone utilities, until:

A.

The provisions of 9602 through 9602.2 have been met, or a cash deposit to guarantee the required construction, has been filed with the city;

B.

Any required dedication has been made to the city, and/or the design of any required improvements have been completed and approved by the city engineer.

Any decision made under the provisions of sections 9602 through 9602.3 may be appealed directly to the city council.

Beyond the impacts of new development on adjacent streets and highways, all new uses and structures contribute cumulatively to the level of traffic and congestion on the surrounding and community-wide streets and highways. In order to mitigate said impacts, all new development or structures shall contribute to the city's transportation improvement fund, as provided by city council.