Article D — RA-S-2 ZONE — Hidden Hills Municipal Code

5-2D-1: - PERMITTED USES.

The following uses are permitted in the RA-S-2 Zone:

Uses in RA-S Zone: Any use, including any accessory use, permitted in the RA-S Zone, except that the maximum size of an Accessory Dwelling Unit shall be no more than 1,500 square feet pursuant to Article [P] of this Chapter.

Additional Accessory Uses: The following additional accessory uses are permitted if they do not alter the character of the premises as a single-family residence: To permit an orderly market program for subdivisions comprising more than ten parcels, one demonstration estate at any one time to be located within the subdivision; provided, such demonstration estate is maintained only for such period as the

original sales of residences within the subdivision is being undertaken by one or more of the subdividers. Such use shall also permit one sign of shape, design and size, consistent with existing City sign regulations identifying the demonstration estate. The subdivider shall be identified only by surname on such sign. No real estate firm or realtor's name (other than the property owner) may be displayed on the demonstration estate sign or on any other building or within the area of the subdivision. When the use of such residence as a demonstration estate ceases, such residence shall be used only for uses permitted under the RA-S or RA-S-2 Zone. Any use of demonstration estate other than as specified herein shall be deemed a zoning violation.

Conditional Uses: The following uses; provided, that in each instance, a conditional use permit has been obtained and continues in full force and effect: uses which would be permitted in an RA-S Zone upon the issuance of a conditional use permit.

(Ord. 164, 2-2-85; Ord. No. 314, § 4, 12-8-03; Ord. No. 381, §§ 5, 6, 9-12-22)

5-2D-2: - BUILDING HEIGHT.

The following height restrictions apply to the RA-S-2 Zone:

Maximum Height Envelope and Cap:

If the main building is 6,000 square feet or less in size and is single story, then the building height envelope shall not exceed 22 feet and the building height cap shall not exceed 26 feet. If the building is more than one story, then the building height envelope shall not exceed 26 feet and building height cap shall not exceed 30 feet.

If the main building is more than 6,000 square feet and less than 7,000 square feet in size and is single story, then the building height envelope shall not exceed 24 feet and the building height cap shall not exceed 28 feet. If the building is more than one story, then the building height envelope shall not exceed 28 feet and the building height cap shall not exceed 32 feet.

If the main building is 7,000 square feet or more in size and is single story, then the building height envelope shall not exceed 26 feet and the building height cap shall not exceed 30 feet. If the building is more than one story, then the building height envelope shall not exceed 30 feet and the building height cap shall not exceed 34 feet.

Subterranean Structures: Any portion of a subterranean structure classified as a cellar, basement or unused underfloor space which is not classified as a story shall be excluded from the total square footage for the purposes of the computation in paragraph A.

Second Story Floor Area: The second story floor area (which includes all projections and chimneys but excludes any balconies) shall not exceed fifty percent of the first story foot print.

As used in this paragraph C., the first story footprint includes all covered and attached structures such as but not limited to an attached garage, covered porches, breezeways, patio covers. The Building Official has discretion to determine whether a structure is covered and attached.

Any portion of the first story that exceeds 18 feet shall be considered part of the second story floor area.

Second Floor Massing: The second story floor area shall be located towards the rear of the dwelling and away from the front yard area or the roadway, whichever applies, in order to reduce the overall scale and mass of the building as well as its view from adjoining roadways.

Stables: Stables with lofts for storage of hay will be permitted; provided, the storage area is confined within the limits of the roof of the first story.

(Ord. 240, 4-22-91; 1994 Code; Ord. 281, 1-27-97; Ord. No. 345, § 3, 10-14-13)

5-2D-3: - OTHER REQUIREMENTS.

Except as provided herein, property within the RA-S-2 Zone shall meet all requirements of the RA-S Zone, including but not limited to requirements to lot area per dwelling, lot coverage, front yards, side yards, rear yards, lot widths, distance between buildings, pedestrianways, cornices and eaves, uncovered porches and platforms, barbed wire fences, lighting of tennis courts, height of fences, garages, paved driveways and outdoor lighting fixtures.

(Ord. 186, 7-7-86)

ARTICLE E. - R-1 ZONE

5-2E-1: - PERMITTED USES.

The following uses are permitted in the R-1 Zone:

Permitted Buildings: A single-family residence of a permanent character, placed in a permanent location, including the following accessory uses and buildings, which may not be used commercially:

A private garage with a capacity of not less than two automobiles.

A children's playhouse, lath or greenhouses, tool houses, hobby shops, fallout and bomb shelters and storage buildings.

Recreational facilities such as, but not limited to, tennis, paddle tennis, handball courts, swimming pools and spas and including the equipment thereto, for use by members of a single-family residence and their guests in accordance with the provisions of this Title.

An Accessory Dwelling Unit or Junior Accessory Dwelling Unit, pursuant to the requirements of Article [P] of this Chapter.

Transitional or Supportive Housing structured as a single-family residence. [3]

Licensed residential facilities subject to the same development standards applicable to a single-family residence.

Farm Worker Housing serving six or fewer employees.

Agriculture and Horticulture: Nurseries, nursery stock, orchards, vineyards, the raising of field crops, tree, berry or bush crops or vegetables or flower gardening on a commercial scale. This subsection does not permit roadside stands, retail sale from the premises or advertising signs of any nature.

Construction Material Storage: The storage of construction material used in the construction of any permitted type of structure and for 60 days after occupancy or the cessation of construction, whichever comes first.

Signs: No signs shall be permitted or maintained on any lot or parcel, except as follows:

One unlighted sign not exceeding six square feet in area, displaying only the name and address of the family residing on the particular property or the name of the particular property.

Neither this subsection nor any other provision of this Title shall act to prohibit the erection of "For Sale" or "For Lease" signs on real property.

Domestic Animals: The keeping of domestic animals, other than swine, is permitted; provided, that the portion of stables or shelters used for housing such animals are located not less than 35 feet from the living area of any residence and at least 25 feet from the exterior boundaries of the property on which situated and that all corrals must be located not less than 25 feet from any window or door of the living area of any residence or dwelling used for the habitation of human beings. Corral area shall mean an area for keeping of domestic animals, not including stables or other such shelter for housing such animals. Corrals shall be enclosed by a fence adequate to confine the animals to the corral area. This subsection does not permit the operation of any commercial activity in connection with the uses permitted hereunder.

Conditional Uses: The following uses; provided, that in each instance, a conditional use permit has been obtained and continues in full force and effect:

Public schools, parks, libraries, fire station, gate houses, post offices and civic centers.

Public utility uses and facilities, including water storage facilities, water pumping plants, sewage pumping plants, gas distributing lines, electric distribution lines, electric transformer stations, electric transmission lines, telephone repeater stations, telegraph cables and telephone lines.

The stationing of a temporary guard in a mobile home or trailer for the protection of a building under construction and the materials used therefor until final inspection but not to exceed a total of six continuous months.

(Ord. 202, 12-21-87; Ord. No. 314, § 5, 12-8-03; Ord. No. 344, §§ 6, 7, 6-24-13; Ord. No. 381, § 7, 9-12-22)

Transitional or supportive housing is permitted in residential zones subject to the same standards as similar residential uses; therefore, if such housing is configured as a single-family residence, it is regulated as such and is subject to all regulations applied to residences in the residential zone where it is located.

5-2E-2: - LOT SIZE AND COVERAGE.

Minimum Lot Area: The minimum required area of a lot or parcel in the R-1 Zone shall be 20,000 square feet, excluding:

That portion of the lot or parcel designated as, or included in, a road or multiple driveway easement; and

That portion of the lot or parcel designated as, or included in, an ingress/egress easement granted to another lot or parcel.

Single-Family Dwelling Lot Size: The lot area per single-family dwelling unit shall be not less than the minimum required lot area or parcel.

Maximum Coverage: All buildings and roofed structures, including accessory buildings, shall not cover more than 30 percent of the area of the lot. The area beneath roof overhangs shall be included in the calculation of building coverage.

Minimum Lot Width: Every lot or parcel shall have a minimum average width of not less than 95 feet.

(Ord. 202, 12-21-87)

5-2E-3: - BUILDING HEIGHT.

The following height restrictions apply to the R-1 Zone:

Maximum Height Envelope and Cap: The building height envelope and cap shall not exceed the building height envelope and cap allowed in an RA-S Zone.

Second Story Floor Area: The second story floor area (which includes all projections and chimneys but excludes any balconies) shall not exceed fifty percent of the first story foot print.

As used in this paragraph B., the first story footprint includes all covered and attached structures such as but not limited to an attached garage, covered porches, breezeways, patio covers. The Building Official has discretion to determine whether a structure is covered and attached.

Any portion of the first story that exceeds 18 feet shall be considered part of the second story floor area.

(Ord. 240, 4-22-91; 1994 Code; Ord. 281, 1-27-97; Ord. No. 345, § 4, 10-14-13)

5-2E-4: - YARDS AND SETBACKS.

Front Yard Setback: Every lot or parcel in the R-1 Zone shall have a front yard setback of not less than 35 feet, measured from the road easement line to the closest supporting member of the structure. If a parcel has no frontage along a street, the front yard setback shall be 35 feet, measured from the property line which is perpendicular to the closest supporting member of the front elevation of the dwelling unit. Where a dwelling is situated further from the road easement or property line than the minimum setback for a front yard, as defined herein, the front yard shall be determined to be only that portion of the lot designated by this Section as the minimum setback from the road easement line. Except as set forth in this Section or Section 5-2C-5 E., no accessory buildings, recreational facilities (including but not limited to tennis and other sport courts, swimming pools and appurtenant equipment), or any other structures are allowed in the front yard setback or anywhere in the front yard.

Side Yard Setback: Every lot or parcel in the R-1 Zone shall have side yard setbacks of not less than 25 feet from the closest side lot line, if it abuts property zoned RA-S or not less than five feet from the closest side lot line, if it abuts property zoned R-1 or designated in the General Plan for commercial uses. Except as set forth in this Section or Section 5-2C-5 E., no accessory buildings, recreational facilities (including but not limited to tennis and other sport courts, swimming pools and appurtenant equipment), or any other structures are allowed in the side yard setbacks.

Rear Yard: Every lot or parcel in the R-1 Zone shall have a rear yard of not less than 25 feet from any rear lot line which abuts property zoned RA-S or not less than 15 feet from any rear lot line which abuts property zoned R-1 or not less than five feet from any rear lot line which abuts property designated in the General Plan for commercial uses. Accessory buildings, recreational facilities (including but not limited to tennis and other sport courts, swimming pools and appurtenant equipment), and any other structures may be constructed in the rear yard provided that they conform to other requirements of this Title.

Detached Buildings: Buildings not attached to one another shall have a ten-foot minimum distance between roof overhangs or projections.

Minor Structures: Minor structures may be allowed by the Planning Director, but in no event shall they exceed six feet in height. An unobstructed pedestrianway, at least three feet in width, shall be provided on the ground level around all buildings and within 25 feet of said buildings. Such pedestrianways, as well as driveways and other flatwork may be considered minor structures. Built-in barbecues, play houses, and solid fences are not minor structures, even if they are less than six feet in height. The following are examples of minor structures. The list is not meant to be all-inclusive. In addition, building permits may be required for some minor structures, in order to ensure compliance with building and safety standards (e.g. bridges, surcharged retaining walls).

For the front setback:

(a)

Up to four pilasters that are each 30 inches or less in width, 30 inches or less in depth, and 54 inches or less in height (provided that lighting on each pilaster does not exceed two footcandles measured at a distance of three feet perpendicular to the light source);

(b)

Retaining walls that are two feet or less in height (provided that multiple walls which are stepped along a slope so that they have the appearance of a single wall which is more than two feet in height are not minor structures); and

(c)

Bridges that are 30 inches or less above grade and are 15 feet or less in length (provided that the railing, if any, is open and is three feet or less in height).

For the side yard setback:

(a)

Open fencing;

(b)

Enclosed trash yards that were built and approved prior to March 27, 1991, and that do not encroach more than four feet into the side yard setback; and

(c)

Solid walls, including retaining walls, that are three feet or less in height and are 15 feet or more from the property line (provided that multiple walls which are stepped along a slope so that they have the appearance of a single wall which is more than three feet in height are not minor structures).

For the rear yard setback:

(a)

Open fencing; and

(b)

Projections: Cornices, eaves, belt courses, sills, buttresses or other similar architectural features may extend or project into a side yard setback not more than two feet and may extend or project into a front yard setback or rear yard not more than four feet. Air-conditioning units or mechanical equipment for a main building may encroach into a side yard setback or rear yard not more than four feet, as long as it is permanently screened with a wood or masonry fence.

Porches and Decks: An uncovered porch, platform or landing place which does not extend above the level of the first floor of the building may extend or project into a front, side or rear yard setback not more than ten feet, provided such structure in a setback shall not reduce to less than three feet the unobstructed pedestrianway or sidewalk on ground level.

Perimeter Fences: Perimeter fences may be built around the property at the boundary lines of the property provided that the fences conform to other requirements of this Title and meet all of the standards, terms and conditions necessary to be approved by the Hidden Hills Community Association and by any subcommittee thereof that is charged with the responsibility of reviewing the architectural standards of projects in the City.

(Ord. 202, 12-21-87; 1994 Code; Ord. 283, 5-12-97)

5-2E-5: - OTHER REQUIREMENTS.

Except as provided herein, all other limitations on the use and development of land in the R-1 Zone shall be the same as those regulations applied to properties in the RA-S Zone.

(Ord. 202, 12-21-87)

ARTICLE F. - CR ZONE[4]

Editor's note— Ord. No. 318, §§ 1, 2, adopted March 14, 2005, repealed the former Art. F, §§ 5-2F-1—5- 2F-6, and enacted a new Art. F as set out herein. The former Art. F pertained to similar subject matter and derived from Ord. 167, 4-1-85; 1994 Code; Ord. 281, 1-27-97.

5-2F-1: - PERMITTED USES.

The following uses are permitted in the CR zone, provided, that all businesses, services and uses shall be conducted entirely within an enclosed structure, except for off-street parking and loading.

Professional, executive, administrative and sales offices, not including medical or dental offices or clinics.

Emergency shelters subject to the requirements of Section 5-2F-8.

Housing pursuant to the Affordable Housing Overlay Zone provisions set forth in Section 5-2F-9.

(Ord. No. 318, § 2, 3-14-05; Ord. No. 344, § 8, 6-24-13)

5-2F-2: - CONDITIONAL USES.

The following uses are permitted in the CR zone only if authorized by a conditional use permit issued pursuant to the provisions of Section 5-2I-4:

Retail food service businesses, such as restaurants, ice cream parlors and sandwich shops, including those with on-premises sale of alcoholic beverages.

Retail and service stores and businesses.

Uses of a similar nature to the permitted uses provided that the Planning Agency determines that the use has no greater impact on neighboring property than the permitted uses and the use will not adversely impact the public health, safety and welfare.

(Ord. No. 318, § 2, 3-14-05)

5-2F-3: - PROHIBITED USES.

The following uses are prohibited in the CR zone:

Theater, auditorium or picture arcade.

Cabaret, nightclub, theater or other establishment, which features live performances.

Any establishment, including without limitation, game arcades, consisting of three or more coin-operated games of skill, whether conducted as a primary or incidental use.

Motor vehicle sales and services, including, without limitation, automobile and motorcycle sales and services.

Any other use not permitted or conditionally permitted.

(Ord. No. 318, § 2, 3-14-05)

5-2F-4: - NONCONFORMING STRUCTURES.

Expansions to legally nonconforming structures and other improvements shall not exceed 600 square feet of gross floor area and shall be subject to review and approval by the Planning Agency pursuant to Section 5-2F-6. Such improvements shall not be utilized for any nonconforming use at any time.

(Ord. No. 318, § 2, 3-14-05)

5-2F-5: - DEVELOPMENT STANDARDS.

Density: The maximum floor area ratio (FAR) in the CR zone is one to one (1:1). For the purposes of this section, "floor area ratio" shall mean the gross floor area of all enclosed structures on a lot or project site divided by the total buildable area of the lot or the project site.

Lot Area: The minimum lot area for purposes of subdivision or lot line adjustments shall be 20,000 square feet. This subsection shall not prevent the development of legally nonconforming lots.

Building Height Envelope and Cap: The building height envelope shall not exceed 30 feet unless the Planning Agency determines, as part of the Architectural and Site Plan review, that additional height is appropriate to allow for a steeply pitched roof or other roof design that will enhance the appearance of the development but will not add floor area. No building shall exceed two stories in height.

Yards: Buildings or structures shall maintain the following yards:

The minimum front yard shall be 25 feet.

The minimum side yard shall be 25 feet.

The minimum rear yard shall be 25 feet.

Notwithstanding any other provision of this Code, surface and subsurface parking shall be permitted within a yard area provided that any surface parking is set back at least five feet from a property line that abuts residentially zoned property. Such setback area shall be adequately landscaped to screen parked vehicles from adjacent uses.

Walls: Side or rear yards which abut residentially zoned property shall be separated from the residential property with a six-foot high, decorative, masonry wall.

Required Landscaping: All required yard areas shall be landscaped. Yard areas adjacent to residential property shall be sufficiently landscaped to provide an effective visual barrier between the commercial and residential development.

Parking and Loading:

Required Parking:

Development projects consisting of a single use or a building devoted to several similar uses shall provide and maintain parking spaces in accordance with the following minimum ratios:

Use	Number of spaces required
Retail	1 space/250 square feet of Gross Floor Area.
Professional, Administrative, Executive or Sales Offices	1 space/300 square feet of Gross Floor Area.

Unspecified mixed-use development projects shall provide and maintain a minimum of one parking space for each 250 square feet of gross floor area. Specific mixed-use projects, where specific uses are the basis for project design, shall provide parking spaces calculated as the sum of the requirements for each individual use.

If the Planning Agency approves a conditionally permitted use, the Planning Agency may, in conjunction with that approval, set the minimum parking required for that use. If the Planning Agency does not establish a parking requirement for the conditional use, a minimum of one parking space for each 250 square feet of gross floor area shall be provided.

Location of Parking Spaces: Required parking spaces shall be located on the same lot or parcel of land and within 400 feet of the main structure they serve. Such distance shall be computed from the nearest point of the structure's public access to the nearest point of the parking area.

Handicapped Parking: All nonresidential parking lots accessible to the public shall provide handicapped parking as required by state and federal law.

Minimum Loading Space Requirements:

The following minimum number of loading spaces shall be provided for each use:

(1)

Retail Uses:

Gross floor area	Spaces required
Less than 5,000 sq. ft.	None
5,000—20,000 sq. ft.	One

Each additional 20,000 sq. ft. or fraction thereof One additional

(2)

Office Uses:

Gross floor area	Spaces required
Less than 20,000 sq. ft.	None
20,000—40,000 sq. ft.	One
Each additional 20,000 sq. ft. or fraction thereof	One additional

(3)

Conditionally Permitted Uses: As set by the Planning Agency in the conditional use permit or, if not set by the Planning Agency, then in accordance with the standards for a retail use.

Required loading spaces shall be located immediately adjacent to the exterior wall of the building but shall not be within the building. Such spaces shall not be located within any required front or side yard and shall be located to avoid undue interference with public use of streets or alleys.

Alternating Use of Parking Facilities: The alternating use of parking facilities may be approved pursuant to a planned development or conditional use permit in cases where parties wish to cooperatively establish and operate parking facilities and where these uses generate parking demands primarily during hours when the remaining uses are not in operation (for example, if one use operates during evenings or weekdays only). The burden of proof for a reduction in the total number of required parking spaces, however, shall remain with the applicant, and documentation shall be submitted substantiating the reasons for the requested parking reduction. An alternating use shall be approved only under the following circumstances:

That a sufficient number of spaces shall be provided to meet the greater parking demand of the alternating uses;

That satisfactory statements have been submitted by the parties operating such facilities, describing the nature of the uses and times when such uses operate so as to indicate the lack of conflict between them; and

That additional documents or agreements are provided as may be deemed necessary in each particular case to assure provision for and the maintenance of the required parking spaces and complementary uses.

Parking Requirements for Secondary Use. Parking requirements for a secondary use within the same building as the primary use (for example, a restaurant in an office building) may be reduced by up to one- half as part of an Architectural and Site Plan Review approval upon the determination by the Planning Agency that such a reduction is justified by the reduced demand for parking generated by the secondary use.

Parking Area Design Standards: Parking area design standards concerning parking space dimensions and markings, access, driveway widths and locations, lighting, etc., shall be established by the Planning Director from time to time and approved by the Planning Agency.

Construction Requirements: Construction requirements affecting parking and loading areas, such as surfacing, slope, drainage, etc., shall be established by the City Engineer.

Landscaping: Landscaping of parking areas shall be provided and maintained as follows:

A minimum of five percent of the parking and driveway areas shall be landscaped. Such landscaped areas shall be distributed through the entire parking area as evenly as possible and as required pursuant to Architectural and Site Plan Review. All such required landscaped areas shall be computed on the basis of the total amount of parking and driveway areas provided (except spaces provided for display purposes or for enclosed bicycle storage areas). The Planning Director may allow any landscaped area which would be within an open service or work area and not viewable from any perimeter street to be relocated to a more functional location within the other open parking areas on such property, provided such relocation does not decrease the total percentage of required landscaping.

Landscaped areas shall be distributed throughout the entire parking area. A minimum of one tree of at least 15 gallons in size shall be provided for every ten parking spaces and located so as to visually disrupt long rows of parked vehicles (trees may be clustered).

A minimum five-foot wide landscaped planter shall be provided adjacent to any public or private street wherever parking or circulation is generally located adjacent to such rights of way.

Landscaping shall be provided between a building and a contiguous parking area to soften the façade of the building and to screen parking areas from view of building occupants, to the satisfaction of the Planning Director.

Underground Parking: Underground parking shall be permitted.

Roofing: All roofing material shall have a Class A fire rating, as defined in the Building Code. [5]

Signs:

Freestanding:

One freestanding, monument-style building identification sign shall be permitted for each primary building. Such signs may be located within required front yards but not in side or rear yards unless such yard is adjacent to a public street. In addition, such signs shall not exceed six feet in height and 20 square feet in area. The materials, style and identifying symbols of such signs shall be similar and complementary to the architectural characteristics of the main buildings to which they refer.

The specific location, height, size, material and illumination of all freestanding signs shall be reviewed and approved in connection with the Architectural and Site Plan Review required by this Article.

Building-Mounted:

Location: The occupants of a building shall be permitted to attach a sign or signs to the exterior face of the building which faces the primary street entrance, as well as any other side of the building which provides a primary pedestrian access.

Size: Each occupant shall be permitted a maximum of two square feet of total sign area, per lineal foot of building or suite frontage retained by that occupant. The total area shall be calculated as the rectangular area within which the sign frame, background and message are contained.

Style and Material: All building-mounted signs on one building, or in a group of buildings within the same site, shall be of identical style, material and general color scheme. Frame and background material shall be wood of a species and color which complement the building on which they are located. Sign messages shall be permanently affixed to the sign frame, through routing, sandblasting or fastening. Wood frame material, letter styles and colors, sign styles and location which meet the requirements of this Section shall be approved by the Planning Director or, upon appeal, by the Planning Agency.

Real Estate Sandwich Board Sign:

A "real estate sandwich board sign" is defined as any unattached sign which can be readily moved or relocated and commonly referred to as a portable sign or A-Frame sign.

One unlighted real estate sandwich board sign shall be permitted for each primary real estate office building for the identification of the real estate office. The sign may be located within required front yards (outside of the street right-of way) but not in any side or rear yard(s) unless such yard is adjacent to a public street. In addition, the sign shall not exceed four feet in height and two feet in width. The materials, colors, and style of such sign shall be similar and complementary to the architectural characteristics of the main building to which it refers.

No lighting, balloons, streamers, decorations, etc. shall be attached to the sign. The frame shall be made of wood or shall be painted. The sign and frame shall remain in good condition and appearance at all times.

The real estate sandwich board sign is permitted during the hours of 9:00 a.m. through 6:00 p.m. Monday through Sunday.

(Ord. No. 318, § 2, 3-14-05; Ord. No. 367, § 1, 1-22-18)

See Section 5-5B-1 of this Title.

5-2F-6: - ARCHITECTURAL AND SITE PLAN REVIEW REQUIRED.

No building, structure, sign, wall, fence or landscaping shall be erected, constructed, altered or remodeled unless an architectural and site plan is reviewed and approved by the Planning Agency.

Architectural Style:

The general architectural style for this Commercial Zone shall reflect and complement the residential architecture in the City. The style will feature the extensive use of masonry building materials, such as brick, stone and stone veneers; also wood or simulated wood (e.g., board and batten), aluminum, vinyl and steel siding. Exterior-plaster ("stucco") finishes may be utilized if approved by the Planning Agency.

Siding materials, such as concrete, whether textured or untextured, exterior plywood, mirror and nonreflective glass shall not be utilized.

Roofs shall be steeply pitched (minimum 4:12), with prominent eaves unless the Planning Agency, as part of the Architectural and Site Plan review, determines that an alternative roof design is equally or more compatible with the residential architectural style of the City. Materials shall have a Class A rating, as defined in the Uniform Building Code, and shall simulate the appearance of natural wood shakes.

Windows shall be designed and located to prevent any views from buildings within the Commercial- Restricted Zone to the rear yard or interior living space of any neighboring residential property.

Standard of Review: The Planning Agency shall approve an architectural and site plan application only if it makes all of the following findings:

The proposed plan is consistent with the general plan and any specific plan adopted for the area.

The proposed plan will not adversely affect existing and anticipated development in the vicinity and will promote harmonious development of the area.

The nature, configuration, location, density, height and manner of operation of any commercial development proposed by the plan will not significantly and adversely interfere with the use and enjoyment of residential properties in the vicinity of the subject property.

The proposed plan will not create any significantly adverse traffic impacts, traffic safety hazards, pedestrian-vehicle conflicts, or pedestrian safety hazards.

The plan for the proposed building or structure is in conformity with good taste and good design and, in general, contributes to the image of Hidden Hills as a place of beauty, spaciousness, broad vistas, and high quality.

The proposed plan will not be detrimental to the public health, safety or general welfare.

In approving the application, the Planning Agency may impose such conditions as it deems appropriate to protect the public health, safety and general welfare.

Incentives: Notwithstanding any other provision of this Chapter, the Planning Agency may authorize a Floor Area Ratio of up to 1.2:1 and may reduce the required yards for a development, provided that no yard abutting a residentially zoned property shall be less than ten feet, if the Planning Agency determines that:

The design of the proposed development has provided substantial open space in addition to the required yards and such open space can be viewed from the public right-of-way;

The design of the proposed development has provided screened, covered or subterranean parking so that vehicles parked at the subject site are not visible from adjacent properties or the public right-of-way;

The architectural design of the building is of superior quality and appropriately modulated or set back to avoid impacts from massing;

The landscaping of the project site is sufficiently mature and dense upon installation that it immediately contributes to the image of Hidden Hills as a heavily landscaped community; and

The proposed design is compatible with the prevailing architecture of the City of Hidden Hills.

Procedure:

Application: A complete application for Architectural and Site Plan Review shall be submitted to the Planning Department in accordance with the City's list of application materials and checklist for plot plan and elevation drawings. All such applications shall be accompanied by the then current application fee established pursuant to City Council resolution.

Administration: Following receipt of a complete application, as determined, in writing, by the Planning Director, copies of the plans shall be transmitted to the Hidden Hills Community Association, Los Angeles County Fire and Sheriff's Departments, local utility purveyors and any other outside agency, which, in the opinion of the Planning Director, may have necessary or useful comments concerning the proposed development plan.

Concept Review: At least 30 days prior to the public hearing in accordance with paragraph 4 below, or at the applicant's option, prior to the submission of an application in accordance with paragraph 1 above, the Planning Agency shall conduct a concept review of the application. The purpose of the concept review is to allow the applicant to present a proposed project, in a preliminary form, to the public and to the City Council, sitting as the Planning Agency. Upon conclusion of the presentation, the Planning Agency may ask questions of the applicant and may identify issues and concerns of the Planning Agency that should be addressed at the public hearing. The Planning Agency shall not make any decision regarding the application at the concept review meeting or otherwise take any action to approve or disapprove the application prior to the conclusion of the public hearing on the application. Notice of the concept review meeting will be provided in the same manner as a notice for a public hearing under paragraph 4.

Public Hearing: A public hearing shall be held by the Planning Agency to consider an application for Architectural and Site Plan approval. At least ten days prior to such hearing, notice of the time, place and purpose of the public hearing shall be sent by first class mail to each property within the City. In addition, notice shall be provided through posting of notices at the places specified in Section 1-9-1 of this Code. At the public hearing, the applicant shall present to the Planning Agency renderings of the proposed development, and a scaled, three-dimensional model or animated computer simulation of the proposed development.

Commencement of Construction. Construction of the improvements permitted by any approved architectural and site plan review shall commence within one year from the date of approval or the approval will expire. The approval may be extended by the Planning Director for up to three additional years if the Planning Director determines that the provisions of this Code governing the proposed development have not materially changed since the approval. The applicant shall request the extension in writing and pay an extension fee equivalent to the actual costs incurred in determining whether an extension is appropriate.

(Ord. No. 318, § 2, 3-14-05; Ord. No. 363, § 1, 6-26-17)

5-2F-7: - PENALTIES.

Any violation of the provisions of this Chapter or any condition imposed pursuant to this Chapter may result in the suspension or revocation of the violator's business license or other permit to operate. Such suspension or revocation is in addition to any other sanctions authorized by Federal, State, County or City laws and regulations.

(Ord. No. 318, § 2, 3-14-05)

5-2F-8: - EMERGENCY SHELTERS.

Emergency shelters shall be allowed as a by-right permitted use in the CR Zone provided that the following operational and development standards are met.

Application: An application to establish and operate an emergency shelter shall be submitted to the City and shall be accompanied by a Management and Operations Plan. The City Manager shall approve the application if the application (i) meets the development standards set forth in Section 5-2F-8 B.; and (ii) the Management and Operations Plan incorporates the following provisions: hours of operation, staffing levels and training procedures, maximum length of stay, size and location of exterior and interior onsite waiting and intake areas, admittance and discharge procedures, provisions for on-site or off-site supportive services, house rules regarding use of alcohol and drugs, on-site and off-site security procedures, and protocols for communications with local law enforcement agencies and surrounding property owners.

Development Standards: Emergency shelters shall conform to the following standards:

The maximum number of occupants to be served at any given time shall not exceed six.

A minimum distance of 300 feet shall be maintained from any other emergency shelter.

The maximum stay at the emergency shelter facility shall not exceed 180 days in a 365-day period.

A minimum of one employee, in addition to security personnel, shall be on duty and remain on-site during operational hours.

Security personnel shall be provided during operational hours and when people are waiting outside the facility.

Exterior lighting shall be provided for the entire outdoor area of the site and shall be stationary, directed away from adjacent properties and public rights of way, and be of an intensity compatible with the neighborhood.

A minimum of one parking space for every four beds, plus one space for each employee/volunteer on duty shall be maintained. Bicycle rack parking shall also be provided at the facility.

The operator of the facility shall provide, at the City's request, an annual report of the use of the facility and determination of compliance with the City's standards for the use.

(Ord. No. 344, § 9, 6-24-13)

5-2F-9: - AFFORDABLE HOUSING OVERLAY.

There is hereby created an Affordable Housing Overlay ("AHO") zoning designation in the Commercial Restricted ("CR") Zone.

Purpose and Applicability: This Affordable Housing Overlay ("AHO") is intended to identify sites within the City's CR Zone where lower-income multiple-family dwellings may be established and maintained in compliance with this Section. The overlay zone implements General Plan Housing Element Implementation Program 5(d) by zoning suitable sites within the CR Zone that can accommodate at least 16 units per site with a minimum density of 20 units per acre for lower-income residential use. The purpose of this overlay zone is to accommodate the City's Regional Housing Need Allocation (RHNA) for lower-income households. The overlay zone shall be designated on the City's Official Zoning Map and shall comprise the parcels designated therein, or less as required to provide sites sufficient to accommodate the Adjusted RHNA.

Definitions:

Adjusted Regional Housing Need Allocation or Adjusted RHNA means the unmet RHNA after crediting units by income category constructed during the planning period.

Lower-income means gross household income not exceeding eighty percent of the "area (Los Angeles County) median income" published annually by the California Department of Housing and Community Development.

Lower-Income Multiple-Family Dwelling means two-family dwellings and multiple dwellings, as those terms are defined in this Code, where all dwelling units are affordable to lower-income households. This definition includes owner-occupied and rental dwelling units.

Regional Housing Need Allocation or RHNA means the projected housing need by income category adopted by the Southern California Association of Governments in accordance with Government Code Section 65584, and as set forth in the City's General Plan Housing Element.

Permitted Uses:

Lower-income multiple-family dwellings are permitted in the AHO subject to the development standards set forth in this Section.

Any land use other than Lower-income multiple-family dwellings that is permitted in the underlying zoning district under Section 5-2F-1 shall be permitted within the AHO with approval of a site plan review as set forth in Section 5-2F-6, except that a site plan shall not be required for the following:

Continuation, modification or change of an existing use in an existing structure, provided that said modification or change of use does not require a discretionary planning permit (e.g., conditional use permit, or variance); and

Reconstruction of damaged buildings in accordance with the provisions of this Code.

Prior to approval of the site plan or any other discretionary planning permit for any development other than a Lower-income multiple-family dwelling within the AHO, the City shall find that the development will not reduce enough to eliminate or eliminate the capacity of sites within this overlay zone necessary to accommodate the adjusted RHNA for Lower-income households.

Lower-income multiple-family dwelling developments in the AHO shall:

Have a minimum density of 20 units per acre.

Have a minimum of 16 units.

Be comprised entirely of Lower-income multiple-family dwelling units affordable to Lower-income households as set forth in subsection F. below. Notwithstanding, a mixed-use development consisting of lower-income multiple family dwelling units and commercial development may be allowed, provided that the residential portion of the project complies with the requirements of this Section, in addition to all other applicable requirements of this Code, and the commercial portion of the project complies with all applicable requirements for commercial developments in this Code.

Comply with the development and land use standards of this Article.

Receive approval from the Planning Agency of an architectural and site plan for design review purposes only.

Affordability:

Rental units: Prior to issuance of any building permit for a lower-income multiple-family dwelling in the AHO, the property owner shall enter into and record in the office of the Los Angeles County Recorder an affordable housing agreement with the City of Hidden Hills, in a form approved by the City, guaranteeing the affordability of the rental units for a period of not less than thirty years. The agreement shall include procedures for verifying and maintaining compliance with income eligibility requirements.

For-sale or owner-occupied units: Prior to issuance of any building permit for a lower-income multiple- family dwelling in the AHO, the property owner shall enter into and record in the office of the Los Angeles County Recorder a covenant in a form approved by the City restricting future sale prices to levels affordable to lower-income households and including procedures for verifying and maintaining compliance with income eligibility requirements. All purchasers of these units shall supply proof of income eligibility to the City Engineer or designee for verification prior to sale and resale. This requirement shall be included in the recorded covenant.

(Ord. No. 344, § 10, 6-24-13)

5-2F-10: - Hours of Operation.

Professional, executive, administrative and sales offices may not open to the public until 9:00 a.m. seven days a week unless the Planning Agency, as part of the Architectural and Site Plan review, approves an alternative opening hour.

(Ord. No. 349, § 1, 6-23-14)

ARTICLE G. - C-U ZONE

5-2G-1: - GENERAL REQUIREMENTS.

Property Owned by City: Any property owned by the City within a Community Use Zone may be used for any public purpose; provided, the Planning Agency has reviewed and approved the proposed use after a public hearing.

Property Owned by a California Nonprofit Corporation: Any property owned by a California nonprofit corporation within a Community Use Zone may be used for any public purpose or any other purpose for which the corporation was formed; provided, the Planning Agency has reviewed and approved the proposed use after a public hearing.

Property Owned by Other Public Agency: Any property owned by any public agency, other than the City and not including a California nonprofit corporation, within a Community Use Zone may be used for any public purpose upon the granting of a conditional use permit.

(Ord. 166, 4-1-85; 1994 Code; Ord. 292, 4-27-98)

5-2G-2: - CONDITIONAL USE PERMITS.

Except as set forth in paragraph B., below, no conditional use permit shall be granted pursuant to this section unless, after a public hearing, the Planning Agency finds:

That the proposed development is designed and will be developed to preserve to the greatest extent practicable the natural features of the land, including the existing topography and landscaping;

That the proposed development is designed and will be developed in a manner which will be reasonably compatible with the existing neighborhood character in terms of scale of development in relation to surrounding residences and other structures;

That the proposed development is designed and will be developed in a manner which will preserve to the greatest extent practicable the privacy of persons residing on adjacent properties;

That the proposed development is designed and will be developed in a manner to the extent reasonably practicable so that it does not unreasonably interfere with neighbors' existing views;

That the proposed development is compatible with the General Plan, the Zoning Ordinance and surrounding uses;

That the proposed development follows natural contours of the site to minimize grading;

That the proposed development preserves surrounding native vegetation and supplements it with landscaping that is compatible with and enhances the rural character of the community;

That the proposed development conforms with the requirements of the California Environmental Quality Act; and

That the proposed use is not objectionable or injurious to neighboring properties or the general public health, safety and welfare.

A conditional use permit shall not be required if:

The proposed development consists of an increase in square footage to an existing structure;

The proposed development is not more than 500 square feet;

The proposed development does not include the construction of a new second or higher story or an addition to an existing second or higher story; and

The total square footage, including garage, of any new or remodeled structure will not exceed 1,000 feet.

Notice of the public hearing shall be mailed at least ten days prior to owners of property within 500 feet of the proposed development, at the addresses shown on the last equalized assessment roll.

A conditional use permit shall become automatically null and void, unless extended upon application filed before the date of expiration, if any of the following occurs:

Unused Permit: Within one year from the Agency's action, construction has not yet commenced, or if commenced, such work has been suspended or abandoned at any time after commencement for a period of 180 days or more.

Time Limit as a Condition of Permit: Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.

Extensions shall not be granted for more than a total of one year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as for the issuance of a new permit.

The City Council may, by resolution, establish a fee for processing a conditional use permit.

(Ord. 292, 4-27-98)

ARTICLE H. - SITE PLAN REVIEW

5-2H-1: - PURPOSE AND INTENT.

The purpose of this Article is to preserve the natural scenic character of the City by establishing minimum standards relating to the siting and massing of either a new structure or a remodeled structure in an existing neighborhood to assure to the greatest extent practicable that the resulting structures are compatible with the neighborhoods within which they are located and consistent with applicable laws and regulations. The intent of this Article is to regulate the development or redevelopment of each building site with respect to adjacent land, public or private, and existing structures so as to maximize visually pleasant relationships, assure a bright, open neighborhood with a maximum of light and air, and avoid the unpleasant appearance of crowding one structure against another, or of one structure towering over another, insofar as is reasonable and practical. It is not the intent to dictate to an individual property owner the type of structure or addition he may wish to place or modify on his property. It is the intent, however, to assure that the new or modified structure does not unreasonably impact on adjacent property owners and the compatibility of structures in the neighborhood. The regulations in this Article are in addition to the requirements of other regulations or ordinances of the City, and, where in conflict, the more restrictive regulation shall apply.

(Ord. 262, 2-8-93)

5-2H-2: - COMPATIBILITY OF STRUCTURE.

No person shall construct, make additions to or modify any structure on any property in any residential zone in the City unless the resulting structure is found to be compatible with the neighborhood within which it is located. The following design criteria and review procedures as set forth in this Article are established to protect and maintain the established character of all residential neighborhoods within the City.

(Ord. 262, 2-8-93)

5-2H-3: - OBJECTIVES.

To maintain neighborhood compatibility, residential proposals shall address the following objectives:

Natural Amenities: Improvements to residential property shall respect and preserve to the greatest extent practicable the natural features of the land, including the existing topography.

Neighborhood Character: Proposals shall be reasonably compatible with the existing neighborhood character in terms of the scale of development of surrounding residences, particularly those within 500 feet of the proposed development parcel boundaries. While many elements can contribute to the scale of a residential structure, designs shall minimize the appearance of over or excessive building substantially in excess of existing structures in the neighborhood. The square footage of the structure and the total lot coverage shall reflect the uncrowded character of the City and the respective neighborhood. The height of the structures shall maintain, to the extent reasonably practicable, some consistency with the height of structures on neighboring properties.

Privacy: Design proposals shall respect the existing privacy of adjacent properties by maintaining an adequate amount of separation between the proposed structure and adjacent properties, and the design of balconies, decks and windows shall respect the existing privacy of adjacent properties.

Views: Designs shall consider to the extent reasonably practicable neighbors' existing views.

(Ord. 262, 2-8-93)

5-2H-4: - SITE PLAN REVIEW REQUIREMENTS.

Except as set forth in subsection E. below, no building or structure shall be constructed and no expansion, addition, alteration or repair to existing buildings or structures shall be made in any residential zone of the City without first receiving site plan review and approval as required by this Article.

Application: Except as set forth in subsection E below, a development plan shall be submitted for site plan review and approval according to the following procedures before a grading permit, electrical permit, plumbing permit or building permit is issued for the construction of any building or structure or the expansion, modification, alteration or repair of any existing building or structure. The site plan review process is intended to assist in the orderly development of property in conformance with the objectives of the General Plan, and to ensure neighborhood compatibility. The development plan shall be submitted to the Planning Director on forms furnished by him and accompanied by plans showing the effect of the proposed work upon visual relationships with other lots, existing structures, or land adjacent to or within 500 feet of the proposed work. The plan shall be accompanied by a fee, as established by resolution of the City Council.

Findings: No application for site plan review shall be approved unless the Planning Agency finds:

That the proposed development is designed and will be developed to preserve to the greatest extent practicable the natural features of the land, including the existing topography and landscaping;

That the proposed development is designed and will be developed in a manner which will preserve to the greatest extent practicable the privacy of persons residing on adjacent properties;

That the proposed development is designed and will be developed in a manner to the extent reasonably practicable so that it does not unreasonably interfere with neighbors' existing views;

That the proposed development is compatible with the General Plan, the Zoning Ordinance [6] and surrounding uses;

That the proposed development follows natural contours of the site to minimize grading;

That the proposed development preserves surrounding native vegetation and supplements it with landscaping that is compatible with and enhances the rural character of the community; and

That the proposed development conforms with the requirements of the California Environmental Quality Act.

Initial Review: For initial review, applicants are encouraged to submit preliminary design proposals covering the entire lot development, both present and future, to permit the Building Official to analyze neighborhood compatibility and the applicability of the provisions of this Section prior to incurring the expense for detailed design drawings.

Planning Director Action: Following the submittal of a formal application, the Planning Director shall determine compliance with all City ordinances and other laws, and shall prepare a site plan checklist to determine the need for approval under this Article.

Exemption: The Planning Director shall issue a written statement that the development is exempt from subsections A. through D. and F. through G. of this Section if, based on information submitted for a project (such as lot area and building coverage data) and an inspection of the site, he finds either:

The proposed increase in square footage to an existing structure is not more than 500 square feet; and

The project does not include the construction of a new second or higher story or an addition to an existing second or higher story; and

The total square footage, including garage, of any new or remodeled structure will not exceed 1,000 feet; and

There has not been a previous application under this Section concerning the same property within 24 months preceding the date of the current application which would have required site plan review if figures regarding floor area and/or proposal reflects the objectives of this Article; or

The project has received a certification in writing from the Hidden Hills Community Association that the project meets all of the standards, terms and conditions necessary to be approved by the Hidden Hills

Community Association and by any subcommittee thereof that is charged with the responsibility of reviewing the architectural standards of projects in the City, and the Planning Director has determined, based on a summary review, that the project is consistent with such standards, terms and conditions, and is consistent with the City's laws and the General Plan. Such summary review is not intended to include evaluation of policy decisions on discretionary aspects of such standards, terms or conditions, but rather to confirm consistency with objective criteria.

Notice: If the project is not exempt under subsection E., the Planning Director shall forward the matter to the Planning Agency for its recommendation. The Planning Director shall require the applicant to notify owners of property within 500 feet of the proposed development by mail at least ten days prior to the Planning Agency meeting at which the application will be considered.

Planning Agency Action: After receiving an application for site plan review, the Planning Agency shall hold a public hearing at which it shall hear and review all information and testimony regarding the findings and objectives of this Article. If the proposed development complies with all applicable requirements and standards of this Article and other laws and regulations, and the Agency finds that the criteria of subsection B of this Section are adequately met, or can be met if specified conditions are observed, the application shall be approved, subject to such specified conditions. If the Agency finds that the proposal cannot meet and cannot be modified to meet the requirements of this Article and the above criteria, the application shall be disapproved. In all cases, findings shall be made concerning the grounds for approval or disapproval.

(Ord. 262, 2-8-93; 1994 Code)

See Chapter 2 of this Title.

5-2H-5: - NOTICE OF DECISION.

Written notice of the decision shall be given by first class mail to the applicant within ten calendar days following rendering of the decision.

(Ord. 262, 2-8-93)

5-2H-6: - EFFECTIVE DATE AND APPEAL.

The decision of the Agency shall become effective 20 days after the date of decision.

(Ord. 262, 2-8-93; 1994 Code)

5-2H-7: - SUBSEQUENT MODIFICATION.

After a site plan review application has been approved, modification of the approved plans and/or any conditions imposed, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative. A public hearing on a proposed modification of the plans and/or conditions need not be held unless the Planning Director concludes that the proposed modification extends beyond the intent of the original approval. The decision and any appeal in connection with modification of plans and/or conditions shall be in the same manner as set forth above in this Article.

(Ord. 262, 2-8-93)

5-2H-8: - EXPIRATION OF APPROVAL.

Expiration: A site plan review approval shall become automatically null and void, unless extended as provided in subsection B of this Section, if any of the following occurs:

Time Limit as a Condition of Permit: Circumstances which terminate the permit pursuant to any termination provision included as a condition of the permit.

Extension: Upon application by the property owner filed on or before the date of expiration of the approval, an approval which would otherwise expire may be extended by the Agency if the Agency finds that the expiration would constitute an undue hardship upon the property owner and that the continuation of the approval would not be materially detrimental to the health, safety and general welfare of the public. Extensions shall not be granted for more than a total of one year unless a public hearing is held and approval granted in the same manner and based upon the same criteria as for the issuance of a new permit.

(Ord. 262, 2-8-93; 1994 Code)

5-2H-9: - COMPLIANCE REQUIRED.

Certificate of Occupancy, Utility Connection: No certificate of occupancy shall be issued, nor any authorization to connect utilities, until a final inspection has determined that 1) the construction complies with the approved plans and 2) in the case of plans which qualify for an exemption as set forth in Section 5- 2H-4, that the construction complies with all conditions of such qualification.

Work, Construction, Building Permit: No work or construction shall take place unless it is in compliance with the approved plans and, if applicable, the conditions of qualification for exemption. No building permit shall be issued unless the application is in compliance with the approved plans and, if applicable, the conditions of qualification for exemption.

Revocation, Rescission, Amendment: In the event that there is substantial variation from the approved plans or, if applicable, the conditions of qualification for exemption, the Planning Director may revoke, rescind or amend any permits, certificates or authorizations previously granted.

(Ord. 262, 2-8-93)