Agoura Hills Municipal Code Part 12 Special Commercial Use Standards

Footnotes:

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Editor's note— Ord. No. 14-409, § 9, adopted Aug. 13, 2014, renumbered Pt. 11 as Pt. 12.

The following standards are established to provide for more detailed direction for specific uses that may be allowed in a number of districts.

The purpose of the following standards for outdoor storage and display standards shall be to provide the appropriate criteria for such uses which will guarantee that such activities will be compatible with the other uses provided for in the commercial land use districts.

No property in the commercial land use districts shall be used for outside storage or display of raw materials, equipment or finished products unless said storage complies with the following:

A. Compliance. The activity shall comply with all the provisions of the land use district in which it is located.

B. Yards. The activity shall not be provided in any required front, side, or street side yard and any required rear yard abutting property located in a residential land use district.

C. Enclosure requirements:

1. All outside display areas which are visible from the exterior boundary of the lot or parcel of land upon which the display is located shall be enclosed by a wall, landscaped berm or combination thereof.

2. All such walls, or other enclosures shall be a minimum of six (6) feet in height and shall not exceed ten (10) feet in height.

3. All walls shall be constructed of masonry, decorative concrete, or wrought iron, except that for temporary storage, the director may approve the use of other comparable materials such as wood or chainlink with redwood slats and/or vines provided that the director determines that such materials will not be detrimental to the surrounding area.

4. All walls, or other enclosures shall provide a solid visual screen around the display, except that an area no greater than twenty-five (25) percent of the total surface area per property line may remain open, except that no more than fifty (50) percent of the total street frontage may be exposed.

5. All gates shall be constructed of materials compatible with the material of the fence and/or wall to which such gates are attached.

6. Whenever planting materials are used to form the required enclosure, all such materials shall provide the required height and amount of screening within one (1) year of planting.

7. The director may modify the requirements for the design of any fence, wall, or other enclosure required hereunder in either of the following situations:

a. Where the proposed outdoor display area is not visible from a street or highway, or from an area in a residential or agriculture district, and where it is located adjacent to a commercially zoned parcel which has been developed with another outside storage use; or

b. Where the proposed outdoor display area is not visible from a street or highway, or from an area in a residential or agricultural district, and where existing fences, walls or buildings located adjacent to the outdoor display area provided adequate screening as determined hereunder.

In the event that any of these special conditions ceases to exist, then a wall or enclosure in full compliance with the terms of this sections shall be constructed within two (2) months after the cessation of the special condition.

D. Landscaping requirements:

1. A minimum of fifteen (15) percent of the outside display area shall be landscaped with trees, shrubs and ground cover as approved by the director. Wherever possible, the director shall require that native plants and existing trees be incorporated into the landscaping plan.

2. All trees and shrubs shall be evergreen and shall be of a minimum size of fifteen (15) and five (5) gallons respectively.

3. All landscaped areas shall be maintained in a neat, clean and healthful condition subject to the continuing review of the director. Such maintenance shall include proper pruning, mowing of lawns, weeding, removal of litter, fertilizing, replacement of plants when necessary, and regular watering of all plants.

4. All landscaped areas shall have a fixed and permanent water system. All sprinklers used to satisfy the requirements of this provision shall be properly spaced throughout the landscaped area to assure complete coverage of the area.

5. Container landscaping maintained for sale by a business may be utilized to screen outdoor storage and display areas in lieu of permanent landscaping and screen walls for business whose primary use is the sale of plant material, subject to the approval of the director of planning and community development. Required setbacks from public right-of-way and customer parking shall be permanently landscaped.

E. Parking requirements. In addition to the parking requirements contained in section 9654 et seq. of this Code, any use subject to the provisions of this section shall provide one (1) parking space for each one thousand (1,000) square feet of outside display area. For the purposes of calculating this parking requirement, such outdoor display area shall include the interior landscaping areas.

F. Display provisions.

1. All products or merchandise displayed outside shall be located within the required enclosures. Container landscaping may be displayed outside an enclosure provided the business' primary use is the sale of plant materials. Hardscape materials and unsightly storage shall be screened by permanent landscaping and decorative screen walls from public right-of-way and other sensitive land uses. The location of plant material shall be subject to approval of the director of planning and community development.

2. No products or merchandise displayed outside shall exceed the height of the required enclosures, except such products or merchandise, as approved by the director, which cannot feasibly be displayed at a height lower than the required enclosures.

3. All products or merchandise shall be displayed in the manner that such products or merchandise are used normally.

G. Other requirements. The city may impose any other conditions he deems necessary to protect the public health, safety and welfare.

H. Violation of this section is an infraction and shall be punishable as provided in section 1200(b) of the Agoura Hills Municipal Code.

(Ord. No. 142, § 1, 12-9-87; Ord. No. 219, §§ 1, 2, 10-28-92)

All service station sites shall front on streets designated as through streets, unless the sites are part of commercial developments such as shopping centers.

The site of the service station shall be of sufficient size and configuration to satisfy all requirements for off-street parking, setbacks, curb cuts, walls, landscaping and storage as provided in this article.

All buildings shall be set back from interior property lines a minimum of eighteen (18) feet and exterior property lines a minimum of twenty (20) feet except that pump islands may be located a minimum of twenty (20) feet from all exterior property lines, and pump island canopies may project to within fifteen (15) feet of exterior property lines.

Driveways shall be so designed and located as to ensure a safe and efficient movement of traffic on and off the site to and from the lane of traffic nearest the curb.

Buzzers and amplified signaling bells are to be located within the service station proper and shall not generate noise beyond that of a normal residential telephone ring when the service station site abuts residential property or property used for residential purposes.

A minimum of twenty (20) percent of the site shall be landscaped with plant materials designed to provide beautification and screening.

All lighting fixtures shall be located so as to shield direct rays from adjoining properties. Luminaries shall be of a low level, indirect diffused type and shall not exceed the height of the building.

A six-foot masonry wall or hedge shall be required along all interior property lines and a three-foot-high wall or hedge along the street.

The purpose of the following standards are to establish specific criteria for ancillary uses related to commercial use structures.

Since satellite dish antennas of any configuration have the important purpose of screening and/or transmitting communication or other signals from and/or to orbiting satellites, but also have an effect on property values, the level of attractiveness of the community and the public peace, safety and general welfare, the following standards shall be met for all installations of satellite dishes:

A. All ground mounted dish antennas shall be located in the rear yard and conform to the following setbacks for accessory buildings:

Rear year: Five (5) feet;

Side yard: Five (5) feet;

Maximum height: Fifteen (15) feet or the height of an adjacent building on the same lot, whichever is less.

All dish antennas shall not exceed a maximum of twenty-five (25) percent of the required fifteen-foot rear yard setback.

B. All roof mounted dish antennas shall be located in a roofwell or at a location screened by a parapet wall so as not to be seen from any adjacent streets; however, [such antennas] shall not exceed the height of the existing roof.

C. All dish antennas shall be color coordinated to harmonize with the dominant background materials and colors.

D. All accessory equipment related to dish antennas shall conform to the same provisions as the antennas.

E. Prior to the installation of all satellite antennas, the location and design shall be subject to the approval of the director of planning and community development after an on-site inspection.

F. The provisions of this section 9394.1 shall not be applied in such a manner as to preclude reception of signals by dish antennas.

Cross reference— Satellite dish standards, § 9288.3.

The provisions of sections 9394.12 to 9394.22 shall apply to drive-up windows and remote tellers located on the same parcel as the principal use permitted in the commercial land use districts.

Such facilities shall not be approved unless the city finds that:

A. The design and location of the facility and lane will not contribute to increased congestion on public or private streets adjacent to the subject property;

B. The design and location of the facility and lane will not impede access to or exit from the parking lot serving the facility, nor impair normal circulation within the parking lot.

The following shall be the minimum requirements for all drive-up windows and remote tellers.

A. Drive-up windows and remote tellers shall provide at least one hundred eighty (180) feet of reservoir space for each facility, as measured from the service windows or unit to the entry point into the drive-up lane;

B. Entrances to drive-up lanes shall be at least twenty-five (25) feet from driveways entering a public street;

C. Drive-up windows or remote tellers shall not be considered as justification for reducing the number of parking spaces which are otherwise required;

D. Any permit authorizing such facility is revocable if congestion attributable to the facility regularly occurs on public streets or within the parking lot, and the management cannot alleviate such situation.

The purpose of the following standards for outdoor dining design and operational standards shall be to provide the dining commodities and services required by residents of the city and its surrounding market area. For the purpose of these standards, outdoor dining shall be defined as an ancillary dining area with seats and/or tables located outdoors and immediately adjacent to a dining establishment. A table shall be defined as providing seating for one (1) to four (4) persons.

(Ord. No. 94-245, § 1, 3-9-94)

No property in the commercial land use districts which allows for dining establishments defined in this section shall be used for outdoor dining unless said outdoor dining complies with the following standards.

1. All outdoor dining shall be located within the private parking lot, private sidewalk, and/or other private outdoor space immediately adjacent to the dining establishment.

2. Dining establishments that serve alcoholic beverages in their outdoor dining area shall be required to meet the additional specific standards from the state alcoholic beverage control board as well as all other applicable federal, state, and local requirements.

3. Temporary, mobile, or freestanding food service providers are not eligible under these standards.

4. An obstruction-free, clear sidewalk area for pedestrian traffic passing through the outdoor dining and seating area shall be required. Dining areas shall not be permitted in areas where less than a four-foot obstruction-free pedestrian area exists between outside the outdoor dining area and any obstructions such as streets, trees, newsstands, bus benches, or curblines.

5. No sign, including signs on table umbrellas, shall be permitted in the outdoor dining area of the establishment with the exception of an identification or menu sign.

6. All fire department regulations and standards concerning exterior lighting and power shall be met. These regulations and standards shall be supplied at the time of application.

7. All fire department regulations and standards concerning adequate access shall be met.

8. All outdoor dining sites shall be handicapped accessible per federal, state, and local requirements.

9. The property owner, the property management, and the management of the dining establishment shall be responsible for compliance with all outdoor dining requirements.

10. Contact information for the property owner, the property management, or the management of the dining establishment shall be posted on-site during operating hours.

11. Unruly behavior shall not be permitted in the outdoor dining area.

12. Outdoor dining areas, including flooring, shall remain clear of litter, food scraps, and soiled dishes at all times. Where eating establishments provide self-service take-out service, an adequate number of employees shall be maintained to clear refuse or litter on a regular basis even though table service is not provided. Concrete flooring shall be washed daily.

13. At the end of the business day, establishments shall be required to clean (sweep and mop) the area in and around the outdoor dining area.

14. If disposable utensils are used, the establishment shall comply with all applicable recycling programs and all provisions of the Agoura Hills Municipal Code.

15. Outdoor dining areas shall be continuously supervised by management or employees of the dining establishment. Dining establishments serving alcoholic beverages shall have a supervisor on-site at all times.

16. Outdoor dining areas shall be operated in a manner that meets all requirements of the health department of Los Angeles County and any other applicable regulations.

17. Outdoor speakers are prohibited.

18. Any dining establishment that provides outdoor dining requiring an outdoor dining permit shall provide the required parking for the dining area, as defined in section 9654.6.

19. The design materials and colors used for chairs, tables, lighting and other fixtures including umbrellas and awnings for both public eating and food establishments shall be generally consistent with both the architectural style and colors used on the building facade and the quality of the shopping center fixtures, as determined by the director.

20. The layout of outdoor dining and seating areas required as part of the outdoor dining permit shall be in conformance with design established by the department of planning and community development.

21. Outdoor dining areas requiring a minor or major outdoor dining permit pursuant to section 9395.2 shall provide barriers or enclosures to designate outdoor dining areas. Barriers or enclosures must conform to the building and safety department's installation standards and be removable (capable of being removed, if needed, by use of recessed sleeves and posts, or by wheels which can be locked into place). All barriers must be able to withstand inclement outdoor weather and one hundred (100) pounds of horizontal force at the top of the barricade when in their fixed positions. The height of any barrier shall not be less than three (3) feet, or more than three and one-half (3½) feet, including the top of any landscaping.

22. Any landscaping used for barriers shall be properly maintained. Water drainage onto the sidewalk shall not be allowed. Stressed or dying landscaping must be promptly replaced. Potted plants shall have a saucer or other suitable system to retain seepage and be elevated to allow for air flow of at least two (2) inches between the saucer and the sidewalk.

23. Upon termination of the outdoor dining use, the outdoor dining barriers shall be removed and the sidewalk returned to its original condition.

24. Any other regulation promulgated by the director of planning and community development to implement the provisions of this chapter.

(Ord. No. 94-245, § 1, 3-9-94; Ord. No. 23-470, § 3, 6-28-2023)

A. All public eating establishments with outdoor dining tables are required to obtain an outdoor dining permit subject to the following:

1. Public eating establishments with fewer than four (4) tables, or less than or equal to three hundred sixty (360) square feet of outdoor dining area, whichever is less, shall be required to obtain an outdoor dining zoning clearance from the planning and community development department on the basis of a ministerial decision to certify that the proposed use meets all requirements and conditions of any previously approved conditional use permit or site plan review.

a. Applications for an outdoor dining zoning clearance shall include the following:

1. Written approval from the property management;

2. A seating plan and floor plan that includes ingress and egress locations;

3. Existing and proposed interior and outdoor seating and waiting area square footages;

4. A detail of any proposed barrier or enclosure; and

5. Furniture specifications.

2. Public eating establishments with four (4) or more tables, or more than three hundred sixty (360) square feet of outdoor dining area, whichever is less, shall be required to obtain an outdoor dining permit as follows:

a. Minor outdoor dining permits. Minor outdoor dining permits are defined as those outdoor dining permits for applications where the square footage of the outdoor dining area is less than or equal to ten (10) percent of the existing interior dining and waiting area square footage. The director of planning and community development shall be the reviewing authority for all minor outdoor dining permits.

b. Major outdoor dining permits. Major outdoor dining permits are those outdoor dining permits for applications where the square footage of the outdoor dining area is greater than ten (10) percent of the existing interior dining and waiting area square footage. The planning commission shall be the reviewing authority for all major outdoor dining permits.

c. Applications for minor and major outdoor dining permits shall include the following:

1. Written approval from the property owner;

2. A seating plan and floor plan that includes ingress and egress locations;

3. Existing and proposed interior and outdoor seating and waiting area square footages;

4. A detail of the required barrier or enclosure;

5. Furniture specifications; and

6. A parking analysis.

B. All plans and permits for the outdoor dining area approved by the city shall be kept on the premises for inspection at all times the establishment is open for business.

C. Any modification to the approved plans shall be submitted for review and approval by the department of planning and community development prior to the initial implementation of any modification and shall comply with applicable guidelines then in effect.

D. Annual inspections by the department of planning and community development shall be performed for all approved outdoor dining permits.

E. Modifications to outdoor dining permits may be granted by the director of planning and community development for changes to the approved plans that do not result in an increased number of tables or expansion of dining areas.

F. The city council may establish fees by resolution for the review of such applications.

G. In approving an outdoor dining permit, the reviewing authority may impose such conditions as may be reasonably necessary to protect the public health, safety and general welfare, and to ensure that the proposed outdoor dining use is established and conducted in a manner which is consistent with this chapter and the development standards for the underlying zone.

H. All outdoor dining permits are subject to revocation pursuant to section 9679.

(Ord. No. 23-470, § 4, 6-28-2023)

The reviewing authority shall approve an outdoor dining permit application if all of the following findings can be made:

A. The proposed outdoor dining use is consistent with the general plan and any specific plans adopted for the area.

B. The proposed outdoor dining use will not adversely affect existing and anticipated development in the vicinity and will promote the harmonious development of the area.

C. The proposed outdoor dining use will not create any significant parking or traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards and will not impede the safe and orderly flow of pedestrians along the public right-of-way.

D. The proposed outdoor dining use will not be detrimental to the public health, safety, or general welfare.

(Ord. No. 23-470, § 4, 6-28-2023)