Agoura Hills Municipal Code Part 4 General Development Standards

The purpose of this part is to implement the general plan requirement that all development be evaluated according to general development standards. Such standards are to ensure that new developments are constructed in a high quality, compatible manner.

The following standards shall apply to all uses, except as hereinafter provided, in all land use districts.

All development shall be compatible with the rural character of the community. The following factors shall be considered in determining whether a proposed development satisfies this standard:

A. Intensity of use.

B. Compatibility with existing and proposed surrounding uses.

C. Preservation of privacy of adjacent residential uses.

D. Provisions of adequate buffering from adjacent residential uses.

E. Adequate protection of the quiet enjoyment of existing residential development.

F. Minimization of conflicts between intensity of uses.

G. The level of preservation and protection of natural features including terrain and landscaping in the neighborhood and community.

H. Preservation of views from existing development.

I. Level of impact of traffic on existing development.

J. Measures provided for the maintenance of all common areas, including landscaping along streets.

K. Level of adverse impact on existing homeowners associations, or private property.

L. Level of impact on community facilities, including schools.

All development shall satisfy the following design criteria:

A. Exterior materials and colors shall harmonize with and compliment the surrounding natural and man-made environment. Where appropriate, dominant exterior colors shall reflect a natural earthtone theme. More brilliant exterior colors shall not be employed in a manner which detracts from the visual continuity of a structure and its surrounding environs. Exterior treatments characterized by an overly bright, shiny, reflective or artificial appearance shall not be permitted.

B. The architectural expression shall be carried out throughout the project.

C. The landscaping shall compliment the proposed architecture and shall consist of native materials wherever possible.

D. The proposed traffic circulation shall be compatible with the proposed development and not adversely impact the neighborhood in which it is located.

E. All new development shall be adequately buffered from existing development.

F. Height of structures shall be in relationship to the height of the pad, size and shape of the structure and the proposed setbacks.

G. Except as allowed by section 9606.1, no equipment in residentially zoned property shall be mounted, affixed or otherwise attached to a pitched roof, including a hip or gable roof, or to an exterior wall of a building, excluding windows. For the purpose of this section, "equipment" shall be defined as being all materials, fittings, devices, appliances and apparatus systems used for heating, air conditioning and ventilation of the residential units, excluding natural or mechanical attic ventilation systems approved by the director of planning and community development. "Equipment" shall also be defined as being all collector tanks, circulators, pump systems and apparatus other than flat-plate collectors used in connection with solar collecting systems. Equipment may be placed on a flat roof only if the equipment is entirely screened from view from public or private right-of-way by a mansard or parapet roof element and located entirely below the top of such roof elements. The method of screening shall be architecturally integrated and blend with the building design in terms of material, color, shape and size. If such screening is not possible due to elevation or topographic constraints, the equipment shall be placed on the ground and subject to the provisions of section 9606.1 of this article.

(Ord. No. 98-287, § 1, 5-13-98; Ord. No. 26-487, § 3, 4-22-2206)

Footnotes:

--- (3) ---

Editor's note— Sec. 3 of Ord. No. 18-438, adopted Oct. 18, 2018, amended § 9133 in its entirety to read as herein set out. Former § 9133 pertained to the same subject matter, consisted of §§ 9133.1—9133.14, and derived from Ord. No. 08-353, adopted July 9, 2008.

The provisions of this section establish standards and procedures that encourage the development of housing that is affordable to a range of households with varying income levels. The purpose of this section is to encourage the development and availability of affordable housing by ensuring that the addition of affordable housing units is in proportion with the overall increase in new housing units and to provide standards and procedures for the administration of the city's inclusionary housing program.

(Ord. No. 18-438, § 3, 10-18-18)

As used in this section, the following terms shall have the following meanings:

Adjusted for household size appropriate for the unit means for a household of one (1) person in the case of a studio unit, two (2) persons in the case of a one-bedroom unit, three (3) persons in the case of a two-bedroom unit, four (4) persons in the case of a three-bedroom unit, and five (5) persons in the case of a four-bedroom unit.

Affordable housing cost means the total housing costs paid by a qualifying household, which shall not exceed a specified fraction of its gross income, adjusted for household size appropriate for the unit, as follows:

A. Very low-income households, rental or for-sale units: Thirty (30) percent of fifty (50) percent of the Los Angeles County median income.

B. Low-income households, rental units: Thirty (30) percent of sixty (60) percent of the Los Angeles County median income.

C. Low-income households, for-sale units: Thirty (30) percent of seventy (70) percent of the Los Angeles County median income.

D. Moderate-income households, rental units: Thirty (30) percent of one hundred ten (110) percent of the Los Angeles County median income.

E. Moderate-income households, for sale units: Thirty-five (35) percent of one hundred and ten (110) percent of the Los Angeles County median income.

Developer means any person, firm, partnership, association, joint venture, corporation, or any entity or combination of entities, which seeks city approvals for all or part of a residential development.

Development agreement means an agreement entered into between the city and a developer pursuant to California Government Code section 65864 et seq. and Agoura Hills Municipal Code section 9681 et seq.

Director means the city's director of planning.

Dwelling unit means one (1) or more rooms, designed, occupied, or intended for occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities for the exclusive use of a single household.

HCD means the California Department of Housing and Community Development.

HUD means the United States Department of Housing and Urban Development.

Inclusionary housing agreement means a legally binding agreement between a developer and the city, in form and substance satisfactory to the director and city attorney, setting forth those provisions necessary to ensure that the requirements of this section are satisfied.

Inclusionary housing plan means the plan referenced in subsection 9133.6 and further described in the guidelines, which sets forth the manner in which the requirements of this section will be implemented for a particular residential development.

Inclusionary housing trust fund shall have the meaning set forth in subsection 9133.10.

Inclusionary unit means a dwelling unit that will be offered for occupancy by very-low, low-, and moderate-income households, at an affordable housing cost, pursuant to this section.

In-lieu fee means a fee paid to the city by a developer instead of providing the required inclusionary units within the residential development.

Low-income households means households whose gross income is greater than fifty (50) percent and does not exceed eighty (80) percent of the median income for Los Angeles County as determined annually by HCD based on household income data promulgated by HUD.

Market rate units means those dwelling units in a residential development that are not inclusionary units.

Moderate-income households means households whose gross income is greater than eighty (80) percent and does not exceed one hundred and twenty (120) percent of the median income for Los Angeles County as determined annually by HCD based on household income data promulgated by HUD.

Residential development means the construction, development, or subdivision of property, including condominium conversions, resulting in ten (10) or more lots or dwelling units, including dwelling units in mixed-use projects.

Very-low-income households means households whose gross income is equal to fifty (50) percent or less of the median income for Los Angeles County as determined annually by HCD based on household income data promulgated by HUD.

(Ord. No. 18-438, § 3, 10-18-18)

A. This section shall apply to all residential developments, as defined herein, where the lots or units will be offered for sale or for rent.

B. Notwithstanding subsection A, inclusionary units shall not be required for any project for which the city enters into a development agreement or for any project that is otherwise exempt under state law.

(Ord. No. 18-438, § 3, 10-18-18)

A. Inclusionary units shall be reserved for very low-, low- and moderate- income households, and offered at an affordable housing cost, as follows:

1. For all newly constructed rental units in a residential or mixed-use development, a minimum seven (7) percent of all the units in the development shall be rented to and occupied by very low-income households; a minimum four (4) percent of all the units in the development shall be rented to and occupied by low-income households; and a minimum four (4) percent of all the units in the development shall be rented to and occupied by moderate income households.

2. For all condominium conversion projects and newly constructed condominiums in a residential or mixed-use development, a minimum seven (7) percent of all the units in the development shall be sold to and occupied by very low-income households; a minimum four (4) percent of all the units in the development shall be sold to and occupied by low-income households; and a minimum four (4) percent of all the units in the development shall be sold to and occupied by moderate income households.

3. For all single-family subdivisions, a minimum seven (7) percent of all the units in the development shall be sold to and occupied by very low-income households; a minimum four (4) percent of all the units in the development shall be sold to and occupied by low-income households; and a minimum four (4) percent of all the units in the development shall be sold to and occupied by moderate income households.

B. The city shall set on an annual basis, or as otherwise needed, the maximum allowable rents and sales prices for inclusionary units, adjusted for family size.

C. In calculating the required number of inclusionary units in section 9133.4.A.1., section 9133.4.A.2, and section 9133.4.A.3, fractional units of one-half (.50) or above shall be rounded up to a whole unit.

(Ord. No. 18-438, § 3, 10-18-18)

Developing all of the required inclusionary units within the residential development, as required under section 9133.4, is preferred. However, as an alternative, the requirements of section 9133.4 may be satisfied as follows:

A. The developer may propose to satisfy the inclusionary housing unit requirements of sections 9133.4.A.1, 9133.4.A.2, and 9133.4.A.3 through payment of an in-lieu fee. The amount of the in-lieu fee shall be calculated using the fee schedule established by resolution of the city council.

B. In accordance with this paragraph, the developer may propose to satisfy the inclusionary housing unit requirements of sections 9133.4.A.1, 9133.4.A.2, and 9133.4.A.3 by providing some of the required inclusionary units on-site and paying an in-lieu fee for any required inclusionary units that are not included in the project. The developer may build the required very low income inclusionary units on-site, and pay the applicable in-lieu fee for the required low income and moderate income units that are not built within the development. The developer may build the required low income inclusionary units on-site, and pay the applicable in-lieu fee for the required very low income and moderate income units that are not built within the development. The developer may build both the required very low income and low income inclusionary units on-site, and pay the in-lieu fee for the required moderate income units that are not built within the development. In no case may the developer build the moderate income units on-site and pay the in-lieu fee for the required very low and low income inclusionary units. The amount of the in-lieu shall be calculated by using the fee schedule established by resolution of the city council.

C. One-half (½) of the in-lieu fee required under section 9133.5.A or 9133.5.B shall be paid (or an irrevocable letter of credit posted) prior to issuance of a building permit for all or any part of the residential development. The remainder of the fee shall be paid before a certificate of occupancy is issued for any unit in the residential development. All fees collected shall be deposited in the inclusionary housing trust fund.

(Ord. No. 18-438, § 3, 10-18-18)

Along with an application for a residential development, a developer shall submit a housing plan to the director setting forth in detail the manner in which the provisions of this section 9133 will be implemented for the proposed residential development. No application shall be deemed complete until the developer has submitted a complete housing plan.

(Ord. No. 18-438, § 3, 10-18-18)

For residential developments providing inclusionary units on-site, an inclusionary housing agreement is required. Such agreement, which shall include provisions and terms for meeting the requirements of this section, shall be approved by the city manager, and recorded as a deed restriction against the property prior to issuance of either a grading or building permit, whichever comes first.

(Ord. No. 18-438, § 3, 10-18-18)

A. All inclusionary units shall be:

1. Reasonably dispersed throughout the residential development.

2. Proportional, in number, bedroom size and location, to the market rate units.

3. Comparable with the market rate units in terms of the base design, appearance, materials and finished quality.

B. All inclusionary units in a residential development shall be made available for occupancy concurrently with or prior to the occupancy of the market rate units. In the event the city approves a phased project, the inclusionary units required by this section shall be provided proportionally within each phase of the residential development.

C. Inclusionary units shall remain restricted for owner-occupancy by the target income category at the applicable affordable housing cost for a period of not less than forty-five (45) years. At the request of the owner-occupants who initially occupy the inclusionary unit and subsequently seek to sell the inclusionary unit, the city may impose the equity sharing agreement rules included in California Density Bonus Law, currently codified as Government Code section 65915(c)(2), instead of requiring the aforementioned restriction for forty-five (45) years.

D. Inclusionary units in rental residential developments shall remain restricted for occupancy by the target income category at the applicable affordable housing cost for a period of not less than fifty-five (55) years.

E. The occupancy of the inclusionary units shall be governed by the terms of the inclusionary housing agreement recorded as a deed restriction against the property.

(Ord. No. 18-438, § 3, 10-18-18)

A. The city council may adopt administrative guidelines to assist in implementing and administering this section.

B. Any violation of this section constitutes a misdemeanor.

C. The provisions of this section shall apply to all owners, developers, their agents, successors, and assigns that propose a residential development, occupy an inclusionary unit, or both. All inclusionary units shall be sold or rented in accordance with this section and any regulations and administrative guidelines adopted pursuant to this section.

D. Any individual who sells or rents an inclusionary unit in violation of the provisions of this section, the guidelines, or the inclusionary housing agreement shall be required to forfeit to the city all monetary amounts obtained in violation of those provisions. Recovered funds shall be deposited into the inclusionary housing trust fund.

E. The city may institute any appropriate legal actions or proceedings necessary to ensure compliance with this section, including, but not limited to:

1. Actions to revoke, deny, or suspend any permit, including a building permit, certificate of occupancy, or discretionary approval; and

2. Actions for injunctive relief or damages.

F. In any action to enforce this section or an inclusionary housing agreement recorded hereunder, the city shall be entitled to recover its reasonable attorney's fees and costs.

(Ord. No. 18-438, § 3, 10-18-18)

A. There is an established separate fund of the city, known as the inclusionary housing trust fund. All monies collected by the city pursuant to this section shall be deposited in the inclusionary housing trust fund.

B. The monies in the fund and all earnings from investment of the monies in the fund shall be expended to provide housing affordable to very low-income, low-income, and moderate-income households in the city. Such expenditures may include, but shall not be limited to, the costs of administration, monitoring, and compliance for the city's affordable housing program, as further explained in subsection C.

C. For the purpose of this section, providing housing affordable to very low-, low-, and moderate-income households may include, but is not limited to, expending funds for the following: development of affordable units; acquisition of property for the development of such units; subsidies for the construction of such units; maintenance of affordable housing; partnering with affordable housing developers; conversion of existing market rate units to very low-, low- and moderate-income for-sale or rental units; subsidies for covenants to create or preserve very low-, low-, and moderate-income units; substantial rehabilitation of very low-, low-, and moderate-income units; and costs to administer the inclusionary housing trust fund and inclusionary housing program.

(Ord. No. 18-438, § 3, 10-18-18)

The city council may by resolution establish reasonable fees and deposits for the administration of this chapter.

(Ord. No. 18-438, § 3, 10-18-18)