Agoura Hills Municipal Code Part 11 Senate Bill 9 Housing Development Standards

This part provides objective development and design standards and permit processing procedures for housing development projects containing no more than two (2) residential units within single-family residential zones (RS, RL, and RV zoning districts) in accordance with Government Code Section 65852.21.

(Ord. No. 23-471, § 3, 7-12-2023)

For the purposes of this section, the following words, phrases, or terms shall be defined as follows:

A. Contains two (2) residential units. A housing development contains two (2) residential units if the development proposes no more than two (2) new units, or if it proposes to add one (1) new unit to one (1) existing unit.

B. Existing structure. "Existing structure" shall mean a structure that has been constructed legally and has received all required final permits and clearances prior to the submittal of a housing development application.

C. Earth tone. "Earth tone" shall mean colors found in nature that have a variety of hues that have brown undertones, including rust, marigold, burnt sienna brown, terracotta, sage, and turmeric. For the purposes of this definition, brown shall mean a hue with a hexadecimal RGB code of 964B00.

D. Impermeable surface. "Impermeable surface" shall refer to any surface that does not allow water or other fluids to pass through.

E. Convex lot. "Convex lot" shall mean a parcel of land with a bowl-shaped formation in which the midpoint elevation of the property is higher than the elevation of the front and rear lot lines.

(Ord. No. 23-471, § 3, 7-12-2023)

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.

E. 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)

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.

(Ord. No. 23-471, § 3, 7-12-2023)

All housing development applications submitted pursuant to this part shall comply with the following development standards:

A. Parking. Off-street parking of one (1) space per dwelling unit is required, except that no off-street parking spaces are required in either of the following instances:

1. The parcel is located within one-half (½) mile walking distance of either a high-quality transit corridor, as defined in Section 21155(b) of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

2. There is a car share vehicle located within one (1) block of the parcel.

B. Septic. For residential units connected to an onsite wastewater treatment system, a percolation test must have been completed within the last five (5) years, or, if the percolation test has been recertified, within the last ten (10) years.

C. Setbacks. Side and rear setbacks shall be a minimum of four (4) feet, except that no setback shall be required for an existing structure, or a structure constructed in the same location and to the same dimensions as an existing structure.

D. Fencing. All fencing shall meet the requirements listed in section 9606.2. No fencing or other barriers shall be established that prevent public access to trails or trailheads.

E. Private streets. Developments may be served by private streets, provided that:

1. Unless prohibited by Government Code Section 66411.7(b)(3) as amended, an irrevocable offer to dedicate shall be made as a part of all development;

2. Evidence is provided that easements required for the provision of public services and facilities exist to provide adequate access to all development served from said private street;

3. Evidence is provided that adequate agreements exist to guarantee the ongoing maintenance of said private streets; and

4. The width of said private streets comply with the city's standards for public streets.

F. Accessory dwelling units. Accessory dwelling units shall not be permitted on parcels that have been created through an urban lot split or are proposed to be created through an urban lot split, and proposed housing developments containing no more than two (2) residential units pursuant to this part.

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

H. Right-of-way improvements. Unless prohibited by Government Code Section 66411.7(b)(3), all projects adjacent to a public street shall be designed and constructed to full public right-of-way improvements along the project frontages in accordance with the Committee of Public Works Standards, Inc.'s standard plans for public works construction and any applicable specific plans.

I. Drainage courses. No structures or parts of structures shall overhang, project, or protrude into any known drainage course.

1. Fences and other structures, culverts and bridges, and any other improvements which must be constructed within drainage courses, shall be designed to the requirements of the city to prevent an obstruction or division of drainage flows and to minimize adverse effects to natural riparian vegetation and ecosystems.

J. Landscaping. All projects shall meet the following landscape standards:

1. Landscaping shall be provided in all front yard areas visible to the public from any adjacent rights-of-way that are not specifically used for parking, driveways, walkways, patios, gardens, or other recreational purposes. Existing native vegetation or landscaping in front yard areas may be used to satisfy this standard.

2. All manufactured slopes or the face of cut-and-fill slopes shall be planted or otherwise protected from the effects of storm runoff and erosion, and such planting or protection must occur within thirty (30) days after completion of grading.

3. All new landscaping shall use at least fifty (50) percent native, drought-tolerant species selected from those listed by the California Native Plant Society in the Calscape website specific to Agoura Hills.

4. No plants on the California Invasive Plant Council's list of invasive species may be used in the project landscaping.

5. Artificial turf is discouraged in landscape areas to reduce the urban heat island effect, fire danger, and environmental impacts including waste materials and microplastic pollution.

6. New required landscape areas shall provide at least five (5) different shrubs and groundcovers to provide foliage, texture, and color.

7. Palm trees are prohibited in new landscape areas.

8. Planted berms and slopes shall be no steeper than 2:1, and 3:1 is preferred to provide greater planting opportunities.

9. Landscape design shall conform to stormwater design and low impact development (LID) requirements.

10. Landscape plans shall meet the requirements of the Los Angeles Fire Department, Fuel Modification Unit for fire safety.

11. Landscape and irrigation plans subject to the California State Model Water Efficient Landscape Ordinance (MWELO) shall conform to the requirements therein to achieve water efficient landscaping.

K. Protected trees. Any project seeking approval under this Part 11 (Senate Bill 9 Housing Development Standards) and proposing activity within the tree protection zone of a protected tree shall require the review and approval of a development tree permit, subject to the applicable standards located in section 9657.7.

L. Lighting. All outdoor lighting shall be shielded and downward facing to avoid direct illumination of neighboring properties.

M. Rental term. A rental of any unit created pursuant to this part shall be for a term longer than thirty (30) days.

N. Connected structures. Adjacent or connected dwelling units shall be allowed provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

(Ord. No. 23-471, § 3, 7-12-2023; Ord. No. 25-482, § 5, 12-10-2025)

The following development standards apply to all parcels in the RS zoning district:

A. For lots ten thousand (10,000) square feet or larger, the following standards shall apply:

1. The minimum front setback shall be twenty-five (25) feet.

2. The maximum building coverage shall be thirty-five (35) percent.

B. For lots less than ten thousand (10,000) square feet, the following standards shall apply:

1. The minimum front setback shall be twenty (20) feet.

2. The maximum building coverage shall be fifty (50) percent.

C. The maximum building height in the RS zoning district shall be thirty-five (35) feet or two (2) stories, whichever is less.

(Ord. No. 23-471, § 3, 7-12-2023)

The following development standards apply to all parcels in the RL zoning district:

A. The minimum front yard setback shall be one and one-quarter (1.25) feet per every vertical foot in building height with a minimum front yard setback of twenty-five (25) feet.

B. The maximum site coverage of all impermeable surfaces shall not exceed thirty-five (35) percent. Surface driveways for flag lots and fire department-required turnaround areas shall be excluded from the impermeable surface coverage.

C. The maximum building height shall be thirty (30) feet, or two (2) stories, whichever is less. Vertical design projections may not exceed a height of thirty-five (35) feet as measured vertically from the finished grade to the top of said projection.

(Ord. No. 23-471, § 3, 7-12-2023)

The following development standards apply to all parcels in the RV zoning district:

A. The minimum front yard setback shall be twenty-five (25) feet.

B. The maximum site coverage of all impermeable surfaces shall not exceed twenty-five (25) percent. Surface driveways for flag lots and fire department-required turnaround areas shall be excluded from the impermeable surface coverage.

C. The maximum building height shall be thirty-five (35) feet, or two (2) stories, whichever is less. Vertical design projections may not exceed a height of thirty-five (35) feet as measured vertically from the finished grade to the top of said projection.

(Ord. No. 23-471, § 3, 7-12-2023)

The hillside standards in division 2 of part 2 of chapter 6 of article IX shall not apply to housing development applications submitted pursuant to this part. Instead, development on any parcel having an average slope of greater than ten (10) percent shall meet the following standards:

A. In determining the average slope of a property, areas with a slope percentage greater than thirty-five (35) percent shall be excluded, and no development or soil disturbance activities shall occur on slopes greater than thirty-five (35) percent unless it is required to provide access roads to a dwelling unit.

B. All manufactured slopes or the face of cut-and-fill slopes shall be planted or otherwise protected from the effects of storm runoff and erosion within thirty (30) days after the completion of grading.

C. Where the average elevation of the rear lot line is higher than the average elevation of the front lot line, no building or structure shall exceed a height of fifteen (15) feet above the average finished grade of the rear yard lot line. Where the average elevation of the rear lot line is below the average elevation of the front lot line, no building or structure shall exceed a height of fifteen (15) feet above the average elevation of the front lot line. The purpose of this standard is to locate development lower on hillsides in order to preserve viewsheds. On uniquely shaped convex lots where the strict application of this standard would prohibit the reasonable development of the lot, this standard shall not apply.

D. Structures shall be located with a minimum building setback of twenty (20) feet from the top of a slope greater than ten (10) percent.

E. Stilt and cantilevered structures are prohibited in the very high fire hazard severity zone (VHFHSZ).

F. Any necessary upgrades or construction of new stormwater drainage facilities shall be designed in compliance with Los Angeles County Flood Control District (County Public Works Department) objective standards, and in compliance with state and federal law.

G. The average slope of a parcel of land shall be calculated using the methodology outlined in section 9652.12.B. of the Agoura Hills Municipal Code.

(Ord. No. 23-471, § 3, 7-12-2023)

All housing development projects in the Old Agoura Overlay District shall meet the following standards:

A. Floor Area.

1. The maximum residential floor area shall be eight thousand (8,000) square feet, regardless of lot size.

2. The following are exempt from FAR calculations:

a. Space for a three-car garage if one (1) dwelling unit is proposed (two hundred thirty (230) square feet per space up to a maximum of six hundred ninety (690) square feet), or space for two (2) two-car garages if two (2) dwelling units are proposed (two hundred thirty (230) square feet per space up to a maximum of nine hundred twenty (920) square feet).

b. Attic space under six (6) feet in height.

c. A basement with no exposed sides in which the finished floor of the level above the basement level, at any point, is not more than three (3) feet above adjacent natural or finished grade, whichever is lower. Such floor area may abut light wells which may occupy not more than forty (40) percent of the lineal perimeter of that level of the building.

d. Roofed porches attached to the primary residence, and facing the street, with no enclosure between the height of three (3) feet and seven (7) feet except for the building face to which it is attached.

e. Unenclosed roofed structures for the keeping or maintaining of horses up to three hundred (300) square feet in area and one (1) detached one (1) story barn for the keeping or maintaining of horses up to five hundred seventy-six (576) square feet in area.

3. The floor area ratio of all lots shall conform to the maximum allowable FAR in Table 1. Hillside lots shall have their maximum allowable FAR reduced based on the slope factor of the lot as shown in Table 2.

a. In no scenario may a lot's allowable FAR be reduced below one thousand six hundred (1,600) square feet.

b. In determining the average slope of a property, areas with a slope percentage greater than thirty-five (35) percent shall be excluded, and no development or soil disturbance activities shall occur on slopes greater than thirty-five (35) percent unless it is required to provide access roads to a dwelling unit.

Table 1 - Old Agoura Maximum Floor Area Ratio (FAR)

Table 2 - Slope Factor as Related to a Lot's Average Slope

B. Fencing. If fencing is proposed in front yard areas, the use of equestrian style fencing using white or natural wood is encouraged. All fencing shall meet the requirements listed in section 9606.2.

C. Hardscape and driveways.

1. Permeable and semi-permeable paving surfaces are encouraged wherever possible to reduce runoff and augment ground water recharging. Preferred materials are:

a. Decomposed granite or other natural appearing aggregates such as gravel

b. Natural flat stone

c. Interlocking concrete manufactured pavers

d. Grasscrete

2. If concrete is used, it shall be stained or stamped concrete, or exposed aggregate concrete.

3. The use of asphalt is prohibited. Chip seal may be used as an alternative.

(Ord. No. 23-471, § 3, 7-12-2023)

All housing development projects in the Indian Hills Overlay District shall meet the following standards:

A. All systems shall be connected to the public sewer system unless, except as prohibited by Government Code Section 66411.7(b)(3), such connection requires an offsite improvement, in which case the newly created lot shall provide a private wastewater system that is fully contained within the new parcel boundaries.

B. 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, sewer, and storm drain improvements.

(Ord. No. 23-471, § 3, 7-12-2023)

All housing development projects in the Equestrian Overlay District shall meet the following standards:

A. Lots equal to or greater than ten thousand eight hundred ninety (10,890) square feet shall contain at least one thousand five hundred (1,500) square feet of usable area to dedicate toward the stabling and servicing of horses. This provision does not apply to lots with an average slope greater than twenty-five (25) percent. Lots under ten thousand eight hundred ninety (10,890) square feet are not required to maintain a horse keeping area.

B. Useable area for horse keeping 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 24-foot by 48-foot (1,152 square foot) paddock area with length for running shall 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.

C. 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 horse keeping 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. 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. Unless prohibited by Government Code Section 66411.7(b)(3), all lots adjacent to a proposed equestrian trail shall provide the public equestrian trails in accordance with city plans and policies.

(Ord. No. 23-471, § 3, 7-12-2023)

For the purpose of defining architectural styles as set forth in this part, the reference guide shall be the most currently published version of A Field Guide to American Houses: the definitive guide to identifying and understanding America's domestic architecture by Virginia Savage McAlester.

All housing development applications submitted pursuant to this part shall comply with the following design standards:

A. Entry features. Dwellings visible from a public or private street shall have front entry features oriented to such street. Where a site is located along two (2) or more public streets, the primary building entry shall be oriented toward the street with the highest classification. If a parcel fronts two (2) public streets of equal classification, either frontage may be used to meet the standard.

B. Architectural style. When a new dwelling unit is proposed on a lot with an existing unit, the new dwelling unit shall have the same architectural style as the existing unit. Using the building design reference document identified in section 9293.12, project plans shall identify an architectural design style and include at least five (5) of the following features consistent with the descriptions of the following elements of a single specific style, with roof type and characteristic pitch required to be at least one (1) of the five (5) features.

1. Roof type and characteristic pitch;

2. Roof rake, eve overhang and cornice detail;

3. Wall façade symmetry or asymmetry and detail;

4. Wall material and arrangement relative to the roof;

5. Window type, relative proportion, shape, and detail;

6. Door type, relative proportion, shape, and detail;

7. Porch type, relative proportion, shape, and detail.

C. Roof treatments.

1. Visual interest shall be created through the integration of a minimum of two (2) different roof forms (orientation, pitch, height) and designs along a building façade. Such roof forms shall be used on all sides of the building.

2. Roof lines shall be vertically articulated along the street frontage by at least two (2) of the following architectural elements:

a. Varying cornices;

b. Clerestory windows;

c. Varying roof heights;

d. Varying roof form.

3. Gutters and other means to collect rainwater from roof runoff shall be integrated into roofing design and in colors and styles consistent with the roofing materials.

D. Weather protection. Weather protection shall be provided at individual residential unit entries using treatments such as overhangs, awnings, porch roofs, trellises, or canopies.

E. Garage doors. Garage doors shall include at least one (1) detail treatment, such as windows, paneled surfaces, or use of multiple colors or textures.

F. Color and materials.

1. An earth-tone color palette shall be required for all structures.

2. The use of fluorescent or neon colors, as well as vinyl siding, mirrored glass, gloss tiles, and T1-11 plywood is prohibited.

3. The number of colors appearing on the entire building exterior shall be limited to a maximum of four (4) colors (or four (4) tones of the same color), including trim and accent colors.

G. Required screening. Mechanical equipment, storage, trash areas, and utilities shall be screened from public view. Screening shall be provided pursuant to any provisions located in chapter 6 of the Agoura Hills Municipal Code.

H. Second story design. Two-story homes shall incorporate the following design features to reduce the visual prominence of the second floor and to address privacy concerns.

1. Building façades facing the public right-of-way shall provide second floor offsets or step backs from the first floor to avoid an unrelieved two-story wall. For corner lots, the building façade containing front entry features shall be required to provide the second story step backs.

2. Where a dwelling is visible from the public right-of-way, the façade containing front entry features shall break up the massing of the dwelling using a combination of at least two (2) of the following approaches:

a. Varying the roofline, including using different roof pitches, angles, and heights to create visual interest;

b. Incorporating dormers to break up large roof expanses;

c. Creating depth with recessed or protruding windows;

d. Incorporating at least two (2) changes in color and texture along wall surfaces;

e. Creating depth with varying setbacks in the façade, which may include porches, balconies, or recessed entryways.

3. Second story decks or balconies with a direct line of sight into neighboring residential side or rear yards shall not be allowed unless landscaping is provided which screens the views into the neighboring property. If the balcony is located at least forty (40) feet from the property line of the adjacent residential property, this standard shall not apply.

4. Windows within forty (40) feet and facing an existing residential use on an adjacent property shall be placed to avoid direct lines of site to windows on the adjacent property, as shown in the image below.

[Figure]

(Ord. No. 23-471, § 3, 7-12-2023)

All applicable objective standards within this part shall be met unless such objective standard would have the effect of physically precluding the construction of up to two (2) units or would physically preclude either of the two (2) units from being at least eight hundred (800) square feet in floor area.

If the application of an objective standard would have the effect of physically precluding either or both units from being at least eight hundred (800) square feet in floor area, such standard shall be waived or reduced only to the extent necessary to allow construction of the affected unit(s) to a size no greater than eight hundred (800) square feet in floor area.

(Ord. No. 23-471, § 3, 7-12-2023)