Part 9 — OS-DR OPEN SPACE-DEED RESTRICTED DISTRICT

The purpose of the OS-DR district is to designate area which, because of natural habitat, visual and aesthetic value or other reason, should be preserved as natural open space by restricting development rights through deed restrictions in conformance with the goals, policies, and objectives of the city 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, § 46, 12-14-2011)

9490.1. - Permitted uses.

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

(Ord. No. 11-388, § 46, 12-14-2011)

9490.2. - Conditional uses.

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

A.

Parks and trails;

B.

Wildlife preserves;

C.

Public passive recreational uses which bear a reasonable relationship to open spaces.

(Ord. No. 11-388, § 46, 12-14-2011)

All uses and structures not specifically provided for in sections 9490—9490.2, inclusive, are strictly prohibited in the OS-DR 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. 11-388, § 46, 12-14-2011)

Except as follows and subject to the provisions of chapter 6, the development standards for the OS-DR district shall be as established by discretionary review of a conditional use permit.

(Ord. No. 11-388, § 46, 12-14-2011)

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.

(Ord. No. 11-388, § 46, 12-14-2011)

PART 10. - S STUDY DISTRICT[[14]]

Footnotes:

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Editor's note— Ord. No. 11-388, § 47, adopted Dec. 14, 2011, renumbered Pt. 9 as Pt. 10.

The purpose of the study district is to provide the opportunity for review of areas where changing conditions or inadequacy of existing zoning regulations indicate the need for special study and possible amendments to this article.

Any land may be rezoned to a study district, if the planning commission or city planning staff is conducting or will immediately initiate studies or hearings which directly affect the development of the property.

No use or structure lawfully occupying a site immediately prior to its classification as a study district shall become nonconforming by reason of being classified a study district.

No new use shall be permitted by this chapter, either as a permitted use or as a conditional use. No structure may be altered or enlarged.

Any ordinance rezoning any property to a study district shall expire twelve (12) months from the date of adoption. Notwithstanding the foregoing, the ordinance establishing a study district may establish an effective date of lesser duration. Unless zoned to another district before the date of expiration, the property so affected shall revert automatically to the district or districts in which the property was included prior to being rezoned to the study district.

PART 11. - PD PLANNED DEVELOPMENT[[15]]

Footnotes:

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Editor's note— Ord. No. 11-388, § 48, adopted Dec. 14, 2011, renumbered Pt. 10 as Pt. 11 and amended it in its entirety. Former Pt. 10, §§ 9496—9499, pertained to SP specific plan and derived from Ord. No. 120, adopted Feb. 3, 1987; Ord. 193, § 4, adopted Sept. 25, 1991; Ord. No. 02-310, §§ 3C, 3D, adopted March 5, 2002; Ord. No. 05-331, § 1, adopted April 14, 2005.

9496. • Purpose.

The purpose of this planned development district is to designate certain areas of the city for special development and land use regulations that cannot be addressed through the city-wide zoning ordinances. Specific regulations are necessary to guide development and land uses in an orderly manner such that they are compatible with the existing setting, as well as to ensure that development seamlessly and cohesively integrates uses and buildings.

(Ord. No. 11-388, § 48, 12-14-2011)

All property in the PD zone shall be used only for the purposes permitted by the general plan and the specific plan or other similar regulatory document adopted for such property.

(Ord. No. 11-388, § 48, 12-14-2011; Ord. No. 14-409, § 10, 8-13-2014)

Conditional uses are permitted in the PD zoning district as allowed per the specific plan or other regulatory document adopted for such property.

(Ord. No. 11-388, § 48, 12-14-2011; Ord. No. 14-409, § 10, 8-13-2014)

Any use or structure not specified in section 9497 shall be prohibited in the PD district.

(Ord. No. 11-388, § 48, 12-14-2011)

Unless otherwise specified in the applicable specific plan or other similar regulatory document, within the PD zone, the gross floor area of a retail store shall not exceed sixty thousand (60,000) square feet. This limitation shall be applied as follows:

A.

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

B.

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

C.

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

(Ord. No. 11-388, § 48, 12-14-2011)

A.

Purpose and overview. The purpose of the cost recovery fee is to allow the city of Agoura Hills to recover the costs for preparing and implementing the Agoura Village Specific Plan, as well as other various related planning and environmental costs. The Agoura Village Specific Plan addresses the need to create a mix of uses that offer a town center and a pedestrian-friendly environment at a key location in the city, and results in enhanced public facilities and design features within the Agoura Village area. Since all property owners within the project area will benefit from these enhancements, the processing costs will be spread equitably among all property owners.

B.

Applicability. The applicant for any building permit and/or discretionary land use permit for new construction on property located in whole or in part within the Agoura Village Specific Plan zone shall pay the Agoura Village Cost Recovery Fee at the same time and in the same manner as building permit and other development fees.

C.

Agoura Village Reimbursable Expenditures. As shown in Table 1, the costs to be recovered are estimated at four hundred ninety seven thousand and seven hundred thirty-one dollars ($497,731.00), and include the costs of preparing and implementing the strategic action plan, costs for design assistance and financial plan preparation, and costs for roundabout design and traffic engineering. The costs to be recovered are documented and such documentation is on file in the department of community development.

Table 1

AGOURA VILLAGE STRATEGIC ACTION PLAN REIMBURSABLE EXPENDITURES

Source: City of Agoura Hills, March 10, 2005

D.

Agoura Village Description. The land uses utilized in the EIR are summarized in Table 2. As shown, there is an estimated eight hundred forty-six thousand and two hundred eight (846,208) square feet included in the Agoura Village project development. The area encompasses about ninety-eight (98) acres, of which about forty (40) acres is developable. This represents the total square feet under build out conditions. About thirty-two (32) percent of the land use is allocated to residential use, with about sixty-eight (68) percent to retail use.

Table 2

AGOURA VILLAGE SPECIFIC PLAN

DEVELOPMENT POTENTIAL BY LAND USE

E.

Allocation methodology. Fees have been estimated by spreading the costs on an equitable basis using square footage. Fee allocation based on square footage provides a more equitable distribution of costs than fee allocation based on developable acreage. The estimated costs of four hundred ninety-seven thousand and seven hundred thirty-one dollars ($497,731.00) have been allocated over the different square footages estimated for Agoura Village. The cost recovery fee based on square footage is estimated at $0.5882 per square foot.

Table 3

AGOURA VILLAGE SPECIFIC PLAN

ESTIMATED COST RECOVERY PROCESSING FEES[1]

TOTAL 846,208 $0.5882 $497,655

1. Based on estimated costs of $497,731

2. Reflects rounding.

Source: City of Agoura Hills

(Ord. No. 05-331, § 1, 4-13-2005; Ord. No. 11-388, § 48, 12-14-2011)

All uses and development within the PD zone shall conform with the development standards and regulations and any other provisions of the applicable specific plan or other similar regulatory document for the property upon which such uses and development are located. With the exception of section 9497.2 of this chapter, the provisions of a specific plan or other regulatory document shall supersede and control over any conflicting provisions of this chapter without regard as to whether the provisions of such specific plan or other regulatory document are more or less stringent than the provisions of this chapter. Any violation of the provisions of a specific plan or other regulatory document shall be deemed a violation of this provision.

(Ord. No. 11-388, § 48, 12-14-2011)

No new development shall be approved within the PD zone unless all of the following findings are made:

A.

All the required findings for a conditional use permit can be made.

B.

The development complies with the provision of section 9498.

C.

Adequate evidence and guarantees have been provided to indicate that all other provisions of this zoning district can be satisfied.

(Ord. No. 11-388, § 48, 12-14-2011)