This article shall be known as the "Zoning Ordinance of the City of Agoura Hills."

The city council has initiated a comprehensive planning program in order to ensure that the anticipated growth within the city is organized, planned and coordinated in a manner that will not place an undue burden on the city in its ability to provided municipal services and facilities, and more importantly will be consistent with the rural and residential character of the existing community. This effort has culminated in the preparation and adoption of a comprehensive general plan. The implementation of the general plan requires, among other measures, the development of a regulatory zoning ordinance to govern the uses of land and the density and intensity of development consistent with all the goals, objectives and policies of the city's general plan. This article is the zoning ordinance required by the city's general plan.

The zoning regulations of the city are adopted to protect, promote and enhance the public health, safety, comfort, convenience and general welfare; guarantee that development is compatible with the rural and residential character of the community; ensure that development within the city is related to the city's ability to proved essential municipal services and is consistent with the Agoura Hills general plan. More specifically, these regulations are adopted to achieve the following objectives:

A.

Relate proposals for development to the provisions and recommendations of the general plan and ensure consistency of development with the general plan;

B.

Provide the economic and social advantages which result from an orderly, planned use of land resources;

C.

Foster a harmonious, convenient, workable relationship among land uses;

D.

Ensure adequate consideration for urban design in the development process so that new development enhances existing development;

E.

Lessen congestion on the streets, secure safety from fire, panic and other dangers, and promote the health and general welfare;

F.

Provide adequate light and air;

G.

Prevent the overcrowding of land;

H.

Avoid undue concentration of population;

I.

Facilitate adequate provision of transportation, water, schools, parks, natural areas, roads, and other public facilities and improvements;

J.

Establish the most beneficial and convenient relationship among residential, commercial, recreational, natural, and undeveloped areas while having regard to their suitability for the various uses appropriate to each of them and their potentiality for such uses as indicated by existing conditions, community-wide interests, and appropriate development standards;

K.

Ensure that public and private lands ultimately are used for the purposes which are most appropriate and most beneficial to the city as a whole.

This article is adopted to accomplish the stated goals, objectives and policies of and to implement the general plan of the city. To accomplish these matters, the city shall:

A.

Regulate the use of buildings, structures and land as between industry, business, residents, open space—including agriculture, recreation, enjoyment of scenic beauty and use of natural resources, and other purposes;

B.

Regulate signs and billboards;

C.

Regulate the location, height, bulk, number of stories and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure; and the intensity of land use;

D.

Establish requirements for off-street parking and loading;

E.

Establish and maintain building setback lines;

F.

Preserve and maintain the natural character and visual quality of hillsides as a scenic resource by establishing regulations for hillside development;

G.

And establish other aspects of land use regulation which may be deemed necessary for the public peace, health, safety, morals, and general welfare of the people working and living within the city.

The authority for the regulations contained within this article is based on Section 7, Article XI of the California Constitution; the provisions of the California Planning and Zoning Law which provides for the regulation of land use; and the police power granted to municipalities by the law of the state.

The regulations within this article represent the minimum standards and provisions except as otherwise specified for the development and use of land and structures.

This article is not intended to abrogate or annul any easement, covenant or other agreement. Notwithstanding the foregoing when the provisions of this article impose more stringent regulations, restrictions, or limitations than are imposed by other laws, rules and regulations, or by easements, covenants, or agreements, the provisions of this article shall govern.

The provisions of this article are applicable to all land within the incorporated jurisdiction of the city as exists or is hereafter modified.

The repeal or amendment of any ordinance shall not affect any prosecution which may be pending in any court for the violation of any provision of such ordinance at the time of such repeal or amendment.

Any ordinance which is repealed, amended or continued by this article is deemed to continue and be in full force and effect for the purpose of prosecuting and adjudicating any violation presently pending in any court.

For the purposes of this article, the following words, phrases, and terms shall be defined as set forth in this chapter.

A.

Abut. "Abut" means two (2) adjoining parcels of property with a common property line, access including two (2) or more lots adjoining only at a corner, except where such common property line is located in a public street right-of-way.

B.

Access or accessway. "Access" or "accessway" means the place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use as required by this article.

C.

Accessory building or accessory structure. "Accessory building" or "accessory structure" means a subordinate building, excluding an accessory dwelling unit, located on a building site, the use of which is customarily related to that of a main building or to the use of the land.

C.1.

Accessory dwelling unit. "Accessory dwelling unit" or "ADU" means a detached or attached residential dwelling unit that provides complete, independent living facilities for one (1) or more persons. The unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation. An ADU also includes the following:

1.

An efficiency unit, as defined by Section 17958.1 of the California Health and Safety Code and the California Building Code; and

2.

A manufactured home, as defined by Section 18007 of the California Health and Safety Code.

C.2.

Accessory dwelling unit, attached. "Accessory dwelling unit, attached" means an accessory dwelling unit that is structurally attached to the primary dwelling unit by a shared wall or as an additional story above the primary dwelling unit, but which has independent, direct access from the exterior.

C.3.

Accessory dwelling unit, detached. "Accessory dwelling unit, detached" means an accessory dwelling unit that is not structurally attached to the primary dwelling unit.

D.

Addition. "Addition" means an extension or increase in floor area or height of a building or structure.

E.

Adjacent. "Adjacent" means two (2) or more lots or parcels of land separated only by an alley, street, highway or recorded easement, or two (2) or more objects that lie near or close to each other.

F.

Adjoining. "Adjoining" means two (2) or more lots or parcels of land sharing a common boundary line, or two (2) or more objects in contact with each other. Lots or parcels of land which touch only at corners shall not be deemed adjoining.

G.

Adult business. "Adult business" means any business which, because minors are excluded by virtue of their age as a prevailing business practice, is not customarily open to the general public, including, but not limited to, an adult arcade, adult bookstore, adult theater, cabaret, love parlor, model studio, nude studio, sexual catharsis center, sexual encounter shop, sexual novelty store or any other similar use wherein the preponderant business is the offering of services, materials and/or products which have as their dominant theme the sexual arousal, sexual gratification and/or sexual stimulation of a customer. This definition does not apply, nor shall be interpreted to apply, to any business conducted, operated by or employing licensed chiropractors, licensed physicians, licensed physical therapists, licensed psychologists, licensed social workers or licensed marriage and family counselors, or state certified massage practitioners or therapists when performing professional services under or pursuant to the respective license or certificate held.

G.1. Affordable unit. "Affordable unit" means a dwelling unit rented or sold to a low-or moderate-income family, as required herein and in section 9133 of this zoning ordinance.

H.

Air contaminant. "Air contaminant" means particulate matter, dust, fumes, gas, mist, smoke, vapor, or any combination thereof having or tending to have a deleterious effect on human beings, vegetation, animals or property.

H.1. Alcoholic beverage establishments, off-sale. "Alcoholic beverage establishment off-sale" shall mean any establishment wherein alcoholic beverages are sold, served, or given away to be consumed off the premises, including, but not limited to, any establishment that has obtained or intends to obtain an alcoholic beverage control license type 20 or 21. References to an off-sale alcoholic beverage establishment shall include any immediately adjacent area that is owned, leased, rented, or controlled by the permittee.

H.2. Alcoholic beverage establishments, on-sale. "Alcoholic beverage establishment on-sale" shall mean any establishment wherein alcoholic beverages are sold, served, or given away to be consumed on the premises, and which has obtained or intends to obtain an alcoholic beverage control license type 40, 41, 42, 47, 48, 51, 52, 61, 63 and/or 75. References to an on-sale alcoholic beverage establishment shall include any immediately adjacent area that is owned, leased, or rented, or controlled by the permittee. It shall also include any facility, inclusive of a portion thereof, which is rented out for special event functions wherein alcoholic beverages are sold or given away on the premises and are to be consumed on the premises.

H.3. Alcoholic beverages. "Alcoholic beverages" shall mean any alcohol, spirits, liquor, wine, beer, or any liquid or solid which contains one-half (½) of one (1) percent or more of alcohol by volume, and which is fit for beverage purposes, either alone or when diluted, mixed, or combined with other substances.

I.

Alley. "Alley" means an access roadway or drive that provides service access to the rear or sides of a parcel.

J.

Alteration. "Alteration" means any work on a structure that does not result in any addition to the structure.

K.

Ambient noise level. "Ambient noise level" means the general noise level in a certain area at a given time.

L.

Amendment. "Amendment" means a change in the wording, context, or substance of this article, or the general plan or specific plan, or, an addition or deletion or a change in the zone boundaries or classifications upon the zoning map, which imposes any regulations not theretofore imposed, or removes or modifies any such regulation theretofore imposed.

M.

Animal clinic. "Animal clinic" means a place where animals no larger than the largest breed of dogs are given medical or surgical treatment. Such facility shall primarily be for the treatment of outpatients and where only short-time, critical patients are kept longer than twenty-four (24) hours. Boarding of animals shall be incidental to such clinic use.

N.

Animal, domestic. "Domestic animal" means any domesticated animal or household pet commonly maintained in a dwelling unit, which is not normally sold for commercial purposes.

O.

Animal, exotic. "Exotic animal" means any animal introduced from another country, which is not native to the area.

P.

Animal hospital, livestock. "Livestock animal hospital" means a place where livestock (horses, cows, etc.) and small animals are given medical or surgical treatment. Boarding of animals shall be incidental to such hospital use.

Q.

Animal, wild. "Wild animal" means any wild, exotic, dangerous or nondomestic animal, including but not limited to mammals, fowl, fish or reptiles.

R.

Apartment. "Apartment" means a habitable room or suite of two (2) or more habitable rooms with a single kitchen, in a multiple dwelling, occupied or suitable for occupancy pursuant to a lease or other rental agreement as a residence for one (1) family and shall be considered a dwelling unit.

S.

Apartment, bachelor. "Bachelor apartment" means a dwelling unit in an apartment house that combines sleeping, living, cooking and dining facilities into one (1) habitable room. "Light housekeeping room" means the same as "bachelor apartment."

T.

Apartment, efficiency. "Efficiency apartment" means a dwelling unit in an apartment house that combines sleeping, living, cooking and dining facilities into two (2) habitable rooms, one (1) of which shall be a kitchen. "Single apartment" and "efficiency living unit" mean the same as "efficiency apartment."

U.

Apartment, one-bedroom. "One-bedroom apartment" means a dwelling unit in an apartment house that contains a maximum of three (3) habitable rooms, one (1) of which shall be a kitchen.

V.

Apartment, two or more bedroom. "Two or more bedroom apartment" means a dwelling unit in an apartment house that contains more than three (3) habitable rooms.

W.

Apartment hotel. "Apartment hotel" means a multiple-family dwelling with six (6) or more guest rooms which furnishes services for the use of its tenants which are ordinarily furnished by hotels.

X.

Apartment house. "Apartment house" means any building or portion thereof which is designed, built, rented, let or hired out to be occupied, or which is occupied as the home or residence of three (3) or more families living independently of each other and doing their cooking in the building.

Y.

Arcade, adult. "Adult arcade" means any movie arcade or game (penny) arcade which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice.

Z.

Arcade, game (penny), internet arcade. "Game (penny) arcade" means any premises where there are maintained five (5) or more games of skill or amusement whereby machines, contests, devices, games, tables, boards or amusements, the operation of which is permitted, controlled, obtained, conducted, allowed, authorized or made possible by the depositing of coin, plate, disc, slug or key into any slot, crevice or other opening or receptacle, or by the payment of any fee or fees, and where said machine, contest, device game, table, board or amusement tests or provided a means of testing the skill of the operator thereof with reference to its operation or the results thereof. An internet arcade is not an internet cafe and is a business which primarily provides access to the internet for the purpose of computer games, e-mail, computer software programs and any other computer related use.

AA.

Arcade, movie. "Movie arcade" means any premise where there is maintained one (1) or more machines, devices, apparatus or contrivances designed for individual viewing and used to show still or motion pictures. For purposes of this article, a "movie arcade" does not include a "theater."

BB.

Architectural projections. "Architectural projections" means projections from a building which are necessary for the shading of a building or features such as sills, cornices and chimneys. Such projections may extend into required yards only as allowed by the provisions of this article.

CC.

Area of special flood hazard. "Area of special flood hazard" means the land in a floodplain, as identified by the flood insurance rate map (FIRM) of the city, subject to a one (1) percent or greater chance of flooding in any given year.

DD.

Arterial street. "Arterial street" means a street whose primary function is to carry through traffic in a continuous route across an urban area while also providing access for abutting property. Arterial streets take traffic from collector streets and often connect to freeways.

EE.

Automobile parking space. "Automobile parking space" means any permanently maintained space not less than eight and one-half (8½) feet wide at any place, on the same lot or parcel of land as is located the structure it is designed to serve, so located and arranged as to permit the storage of, and be readily accessible under its own power to, a passenger automobile of average size.

FF.

Automotive repair shops. "Automotive repair specialty shop" means a retail and service place of business engaged primarily in light repair, and sale of goods and service's for automotive vehicles including brake, muffler, and tire shops and their accessory uses.

GG.

Automotive service station. "Automotive service station" means a retail place of business engaged primarily in the sale of motor fuels and supplying only those incidental goods and services which are required in the day-to-day operation of automotive vehicles and the fulfilling of motorists needs.

HH.

Automotive, trailer and mobile home sales. "Automotive, trailer, and mobile home sales lot" means an open area used for the display, sales or rental of new or used automobiles or trailer coaches, but where no repair, repainting or remodeling is done.

(Ord. No. 130, § 2, 7-29-87; Ord. No. 137, § 1, 9-23-87; Ord. No. 04-325, § 2, 8-25-2004; Ord. No. 09-362, § 1, 7-8-2009; Ord. No. 11-392, § 5, 1-11-2012; Ord. No. 434, §§ 4, 5, 1-10-2018; Ord. No. 21-456, § 3, 8-25-2021)

A.

Balcony. "Balcony" means an unroofed or roofed platform enclosed by a railing or parapet projecting from the wall of a building for the private use of the occupant or for exterior access to the abovegrade units. A balcony which is roofed and enclosed with operating windows shall be considered part of the room it serves.

B.

Basement. "Basement" means that portion of a building between the floor and ceiling which is partly or wholly underground. A basement shall be counted as a story for purposes of height measurement where more than one-half of its height is above the average level of the adjoining ground.

C.

Bed and breakfast inn. "Bed and breakfast inn" means any residential dwelling in which rooms are rented to paying guests on an overnight basis with not more than one (1) meal served daily, the entire service to be included in one (1) stated price.

D.

Boarding house or room rentals. "Boarding house "or" "roominghouse" means a dwelling unit where lodging is provided, with or without meals for compensation, for five (5) or more persons.

E.

Bookstore. "Bookstore" means any premises which has a substantial or significant portion of its stock in trade consisting of books, magazines, periodicals, pamphlets or newspapers.

F.

Bookstore, adult. "Adult bookstore" means a bookstore which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice.

G.

Buildable area. "Buildable area" means the portion of the lot remaining after all zoning and other municipal requirements in terms of setbacks have been met.

H.

Building. "Building" means a structure having a roof supported by columns or walls.

I.

Building, communication equipment. "Communication equipment building" means a building where equipment is used to transmit information to various areas.

J.

Building height. "Building height" means the vertical distance from the finished grade to the highest point of the coping of a flat roof, or to the top of a mansard roof, or the average height of the highest gable of a pitch or hip roof. The measuring of building height to the midpoint of the roof is only possible in situations in which the full roof element exists on the corresponding building elevation.

K.

Building line. "Building line" means a line in the interior of a lot parallel to the property line and located at a distance equal to the required setback distance.

L.

Building, main. "Main building" means a building or buildings within which is conducted the principal use permitted on the lot as provided by this article.

M.

Building official. "Building official" means the officer or other designated person charged with the administration and enforcement of the building laws and regulations of the city of Agoura Hills.

N.

Building site. "Building site" means a legally created parcel or contiguous parcels of land in single ownership, which provides the area and open spaces required by this article, exclusive of all vehicular and pedestrian rights-of-way and all other easements that prohibit the surface use of the property by the owner thereof.

O.

Building site coverage. "Building site coverage" means the percentage of the building site covered by structures, open or enclosed.

P.

Building site, through. "Through building site" means a building site having frontage on two (2) parallel or approximately parallel streets.

Q.

Business. "Business" means management, operation, sale, purchase or other transaction involving the handling or disposition of goods, commodities or services.

(Ord. No. 11-388, § 1, 12-14-2011)

A.

Cabaret. "Cabaret" means any bar, cocktail lounge or restaurant, wherein entertainment, as described in sections 143.2, 143.3 and 143.4 of the Rules and Regulations, Chapter 1, Title 4, California Administrative Code (California State Department of Alcoholic Beverage Control) is provided, except that this subsection shall not be construed to authorize any entertainment, conduct or activity prohibited by said rules and regulations. "Cabaret" shall also include any establishment which provides any entertainment and/or activity described in the aforesaid rules and regulations, whether or not alcoholic beverages are dispensed.

B.

Campground. "Campground" means a lot or parcel of land designed or used for tent camping, including picnic areas, but excluding any structures for permanent human occupancy.

C.

Carport structure. "Carport structure" means a roofed area, or portion of a building, enclosed on two (2) or more sides primarily for the parking of automobiles belonging to occupants of the property.

D.

Chapter. "Chapter" means a chapter of this article unless some other ordinance or statute is mentioned.

E.

Certificate of occupancy. "Certificate of occupancy" means a required document issued by the building and safety division prior to the occupation or use of buildings erected or structurally altered.

F.

Child or children. "Child" or "children" shall mean a person or persons under eighteen (18) years of age, unless specifically provided in this article.

G.

Church. "Church" means a building, together with any accessory buildings or uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by an organized religious body.

H.

Clinic, medical. "Medical clinic" means an organization of doctors providing physical or mental health service and medical or surgical care to the sick or injured does not include inpatient or overnight accommodations.

I.

Club. "Club" means an association of persons for some common purpose but not including groups organized primarily to render a service which is customarily carried on as a business.

J.

Cluster development. "Cluster development" means an arrangement of dwelling units, attached or detached, which provides a number of dwelling units sufficient to meet density requirements, constructed on smaller lots in return for the restriction or dedication of the remaining acreage as permanent open space.

K.

Collector. "Collector" means a medium-speed highway abutting similar land uses. The primary function is to collect and distribute trips within a hierarchy of roads and, secondarily, to carry short trips between adjacent neighborhoods. A collector has emergency parking only and has a significant amount of parallel and perpendicular pedestrian traffic.

L.

Commercial. "Commercial" means operated or carried on primarily for financial gain.

M.

Commercial recreation. "Commercial recreation" means any use or development either public or private, providing amusement, pleasure, or sport, which is operated or carried on primarily for financial gain.

N.

Commission or planning commission. "Commission" or "planning commission" means the city planning commission.

O.

Common area. "Common area" means an entire project area excepting all lots or units granted to or reserved for individual owners or tenants.

P.

Community facility. "Community facility" means a noncommercial use established primarily for the benefit and service of the population of the community in which it is located.

P.1.

Community care facility, small "Community facility, small" means the same meaning as set forth in California Health and Safety Code Section 1502, where six (6) or fewer persons live together.

P.2.

Community care facility, large "Community facility, large" has the same meaning as set forth in California Health and Safety Code § 1502, where seven (7) or more persons live together.

Q.

Conditional use. "Conditional use" means a use which requires a special degree of control because of characteristics peculiar to it, or because of technological processes or type of equipment, or because of the exact location with reference to surroundings, streets and existing improvements or demands upon public facilities.

R.

Condominium. "Condominium" means a state of realty consisting of separate interests in residential buildings together with undivided interests common in other portions of same property unit as a separate interest, and common areas are entire condominium except units granted; thus, owners of condominiums are grantees of units. Each grantee owns separate interest in his unit and an interest as granted in common, in common area.

S.

Congregate housing. "Congregate housing" shall have the same meaning as the term "congregate housing for the elderly" as defined in California Health and Safety Code Section 50062.5.

T.

Convalescent home, nursing home, rest home and home for the aged. "Convalescent home," "nursing home," "rest home" and "home for the aged" each mean a facility licensed by the state department of public health, the state department of social welfare, or the county, which provides bed and ambulatory care for patients with post-operative convalescent, chronically ill or dietary problems, and persons unable to care for themselves; but not including alcoholics, drug addicts, or persons with mental or contagious diseases or afflictions.

U.

Conventional development. "Conventional development" means a development, other than a condominium, apartment, or cluster development, with each dwelling unit situated on a residential lot of record and no lot containing more than one (1) dwelling unit.

V.

Cutting. "Cutting" shall mean the detaching or separating, either partial or whole, from a protected tree, any part of the tree, including but not limited to limb, branch or root. Cutting shall include pruning.

(Ord. No. 11-383, § 1, 3-9-2011; Ord. No. 14-406, § 2, 5-14-2014; Ord. No. 434, § 6, 1-10-2018)

A.

Damage, oak tree. "Damage" means any action undertaken which causes injury, death or disfigurement to an oak tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocating or transplanting a protected tree, or trenching, excavating or paving within the protected zone of a tree.

B.

Day care for adults. "Day care for adults" means any state-licensed facility providing care or supervision on a less than twenty-four-hour per day basis for adults over eighteen (18) years of age.

C.

Day care for children, small family day care home. A "small family day care home" means a single-family residence which regularly provides care, protection and supervision of a maximum of eight (8) children in the provider's own residence, including children under the age of ten (10) years who reside at the single-family residence, for periods of less than twenty-four (24) hours a day, consistent with regulations issued by the State of California.

D.

Day care for children, large family day care home. A "large family day care home" means a single-family residence which regularly provides care, protection and supervision for seven (7) to fourteen (14) children, inclusive, in the provider's own residence including children under the age of ten (10) years who reside at the single-family residence, for periods of less than twenty-four (24) hours a day, consistent with regulations issued by the State of California.

E.

Day nursery, children. "Day nursery, children" means any facility, institutional in character, providing nonresident day care and supervision for more than twelve (12) children under sixteen (16) years of age, as defined and licensed by the department of social welfare of the State of California. "Day nursery, children" includes all types of group day care programs including, but not limited to, day nurseries, nursery schools for children under the minimum age for admission to public schools, parent-cooperative nursery schools, play groups for preschool children, and programs giving afterschool care to school age children.

F.

Deadwood. "Deadwood" means limbs, branches or a portion of a tree that contains no green leaves during a period of the year when they should be present.

G.

Density bonus. "Density bonus" means a density increase of not less than ten (10) percent nor more than fifty (50) percent over the otherwise allowable residential density as provided in this article.

H.

Density, gross. "Gross density" means the total number of dwelling units permitted on an acre of land exclusive of all existing public streets and rights-of-way, but including all streets or rights-of-way to be developed.

I.

Density, net. "Net density" means the same as gross density except proposed streets and rights-of-way shall be excluded.

J.

Development. "Development" shall mean the activity of preparing land and constructing buildings or other facilities and improvements in order to establish a land use. Development also shall mean a lot or parcel of land with the completed buildings, facilities, and other improvements thereon.

K.

Director. "Director" means the director of planning and community development of the city or his duly authorized representative. "Director" also means the zoning administrator.

L.

Drainage course, natural. "Natural drainage course" means an area bounded peripherally by a water parting and draining ultimately to a particular watercourse or body of water.

M.

Drip line. "Drip line" means the imaginary line upon the ground traced by vertical lines extended to the ground from the furthest extensions of the canopy or leaf crown of a tree, so that the traced line continues around the circumference of the canopy.

N.

Driveway. "Driveway" means a vehicular passageway for the exclusive use of the occupants of a property and their guests.

O.

Duplex. "Duplex" means an attached permanent building containing two (2) dwelling units.

P.

Dwelling group. "Dwelling group" means one (1) or more buildings, not more than two (2) stories in height, containing dwelling units and arranged around two (2) or three (3) sides of a court which opens onto a street, including single-family, duplex, and multiple-family dwellings.

Q.

Dwelling, multiple-family. "Dwelling, multiple-family" means a permanent building containing three (3) or more dwelling units. For the purposes of the accessory dwelling unit regulations in section 9283, "dwelling, multifamily" means a permanent building with two (2) or more dwelling units, including a duplex, but not including a single-family home with an ADU or JADU.

R.

Dwelling, single-family. "Single-family dwelling" means a permanent building containing one (1) dwelling unit.

S.

Dwelling unit. "Dwelling unit" means one (1) or more rooms and a single kitchen, designed for occupancy by one (1) family for living and sleeping purposes.

(Ord. No. 225, § 1, 4-14-93; Ord. No. 04-326, §§ 1, 2, 10-27-2004; Ord. No. 434, § 6, 1-10-2018; Ord. No. 21-456, § 3, 8-25-2021)

A.

Earth station. "Earth station" means structures comprising one (1) or more large parabolic reflectors which may be mounted on a circular control building and all appurtenant equipment necessary for the receiving, amplifying or transmitting of signals in connection with a public utility communication route or system employing such earth stations and satellites in space.

B.

Easement. "Easement" means a recorded right or interest in the land of another, which entitles the holder thereof to some use, privilege or benefit out of or over the land.

C.

Educational institution. "Educational institution" means private or public schools, colleges or universities qualified by the state board of education to give general academic instruction.

C.1.

Efficiency kitchen. "Efficiency kitchen" means a kitchen that includes a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than thirty (30) inches (seven hundred sixty-two (762) millimeters) in front.

D.

Electric distribution substation. "Electric distribution substation" means an assembly of equipment which is part of a system for the distribution of electric power where electric energy is received at a subtransmission voltage and transformed to a lower voltage for distribution for general consumer use.

E.

Electric transmission substation. "Electric transmission substation" means an assembly of equipment which is part of a system for the transmission of electric power where electric energy is received at a very high voltage from its source of generation by means of a network of high voltage lines and where, by means of transformers, said high voltage is transformed to a lower subtransmission voltage for purposes of supplying electric power to large individual consumers, interchange connections with other power producing agencies, or electric distribution substations for transformation to still lower voltage for distribution to smaller individual users.

F.

Encroachment. "Encroachment" means any intrusion or human activity into the protected zone of an oak tree, including but not limited to pruning, grading, excavating, trenching, parking of vehicles, storage of materials or equipment, or the construction of structures or other improvements. Encroachment also means an intrusion into any required yard or right-of-way.

G.

Entertainment park. "Entertainment park" means an entertainment or amusement complex developed as a regional visitor tourist attraction and organized around a central theme, such as amusement rides and attractions, tours or exhibitions, including all related accessory uses, buildings and structures designed and operated for patron participation and pleasure in conjunction therewith.

H.

Expansion. "Expansion" shall mean an enlargement or increase in floor area or an increase in the site area of a use, or an intensification of use.

I.

Emergency shelter. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of inability to pay.

J.

Employee housing, small. "Employee housing, small" shall have the same meaning as the term "employee housing," as defined in California Health and Safety Code Section 17008, where such housing provides accommodations for six (6) or fewer persons.

(Ord. No. 240, § 1, 9-8-93; Ord. No. 11-383, § 4, 3-9-2011; Ord. No. 14-406, § 3, 5-14-2014; Ord. No. 21-456, § 3, 8-25-2021)

A.

Family. "Family" shall mean any number of persons living together in a room or rooms comprising a single dwelling unit and related by blood, marriage or adoption, or bearing the generic character of a family unit as a relatively permanent single household, including servants and other live-in employees, who reside therein as though members of the family. Any group of persons not related by blood, marriage, or adoption, but inhabiting a dwelling unit, shall for the purpose of this article be considered to constitute one (1) family if it is a bona fide single household, including servants and other live-in employees contained in such group.

B.

Fence. "Fence" means a freestanding structure of, including but not limited to, metal, masonry, composition or wood or any combination thereof resting on or partially buried in the ground level, and used for confinement, privacy, protection, screening or partition purposes.

C.

Fill slope. "Fill slope" means a bank or slope that has been built up by the placing of material on top of the existing ground surface.

D.

Floodplain. "Floodplain" means the channel of a river or watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. The floodway is delineated on the flood boundary-floodway map prepared by the federal flood insurance agency.

E.

Floor area, gross. "Gross floor area" means the total horizontal area, in square feet, including the exterior walls of all floors of a structure.

F.

Floor, area ratio. "Floor area ratio" means the numerical value obtained by dividing the gross floor area of a building or buildings located upon a lot or parcel of land by the total area of such lot or parcel of land.

G.

Floor, lowest. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of this ordinance.

H.

Freeway. "Freeway" means a high-speed divided arterial highway for through traffic with full control access and grade separations at major intersections. A freeway has emergency parking only and no parallel and perpendicular pedestrian movements.

I.

Frontage. "Frontage" shall mean the line along which a lot abuts a public or private street.

A.

Garage, private. "Private garage" means a building, or a portion of a building, enclosed and used primarily for the parking of automobiles belonging to the occupants of the property.

B.

Garage, public. "Public garage" means a building other than a private garage used for the temporary storage of motor vehicles.

C.

General plan and the Agoura Hills general plan. "General plan and the "Agoura Hills general plan" mean the general plan of the city.

D.

Grade, ground elevation. "Ground elevation grade" means the average elevation of the finished ground surface surrounding a building.

E.

Grading project, off-site transport. "Grading project, off-site transport" means any excavation or fill, or combination thereof, necessary and incidental to impending building construction or other lawful development which will require the removal from, or importation to, a lot or parcel of land of more than ten thousand (10,000) cubic yards of dirt, soil, sand, gravel, rock, clay, decomposed granite or other minerals along a transport route having more than twenty (20) occupied dwelling units in single-or two-family residences, apartment houses, mobile homes, or any combination thereof or having a hospital or an accredited public or private school offering instruction required to be taught by the Education Code of the State of California, located within a parallel corridor three hundred (300) feet wide on each side of and measured from the edge of the existing right-of-way for a distance of two thousand six hundred forty (2,640) feet, whichever distance is less. "Impending building construction or development" as used in this section shall mean the initiation of such construction or development within one (1) year.

[F.

Reserved.]

G.

Grazing. "Grazing" means the act of pasturing livestock on growing grass or other growing herbage, or on dead grass or other dead herbage existing in the place where grown, as the principal sustenance of the livestock so grazed.

H.

Gross area. "Gross area" means the horizontal area within the lot lines of a lot or parcel of land but excluding public streets, easements or other areas to be dedicated or reserved for public use are deducted from such lot or parcel.

I.

Guest ranch. "Guest ranch" shall mean any property operated as a guest ranch which offers guest rooms for rent or hire and which has outdoor recreational facilities such as horseback riding, swimming or hiking.

(Ord. No. 03-320, § 1, 5-28-2003)

A.

Habitable room. "Habitable room" means any room for sleeping or living purposes excluding such enclosed places as closets, bath or toilet rooms, connecting corridors, unfinished attics, foyers, storage spaces, utility rooms, spaces used exclusively for cooking or eating, and similar spaces.

B.

Health retreat. "Health retreat" means any use providing a preventive and rehabilitative health care program on a live-in basis and offering dietary education and control as well as physical therapy, including gymnasium and other exercise equipment, solariums, yoga, swimming and outdoor recreational activities. "Health retreat" shall not include hospital, medical office or clinic, or nudist camp.

C.

Highway line. "Highway line" means the right-of-way line established for a parkway, major or secondary highway or street by this article. Such line is coterminous with the lot line on property adjoining a fully widened parkway, highway or street, except where the alternate cross-section is used. "Property line," as defined in this chapter, shall be deemed the "highway line."

D.

Hog ranch. "Hog ranch" means any premises where five (5) or more weaned hogs are maintained.

E.

Home for aged persons, foster family. "Home for aged persons, foster family" means any family residence, noninstitutional in character, providing twenty-four-hour care for not more than four (4) aged persons sixty-five (65) years of age or older, as defined and licensed by or under the regulations of the department of social welfare of the State of California.

F.

Home for aged persons, small group care. "Home for aged persons, small group care" means any facility, noninstitutional in character, providing twenty-four-hour care for between five (5) and fifteen (15) aged persons sixty-five (65) years of age or older, as defined and licensed by or under the regulations of the department of social welfare of the State of California.

G.

Home for children, foster family. "Home for children, foster family" means any family residence, noninstitutional in character, providing twenty-four-hour care for not more than six (6) children under sixteen (16) years of age, as defined and licensed by or under the regulations of the department of social welfare of the State of California.

H.

Home for children, special boarding. "Special boarding home for children" means any facility, noninstitutional in character, providing twenty-four-hour care for between seven (7) and fifteen (15) children under sixteen (16) years of age, as defined and licensed by or under the regulations of the department of social welfare of the State of California.

I.

Home occupation. "Home occupation" means an occupation conducted as an accessory use within a dwelling unit.

J.

Hospital. "Hospital" means a health facility other than a facility for the mentally retarded, having a duly constituted governing body with overall administrative and professional responsibility and having an organized medical staff which provides twenty-four-hour inpatient care including one (1) or more of the following basic services: medical, nursing, surgical, anesthesia, laboratory, radiology, pharmacy, dietary services, or psychiatric care and treatment.

K.

Hospital, small animal. "Small animal hospital" means any facility providing medical or surgical treatment, clipping, bathing or other services, including incidental boarding to dogs, cats and other small animals.

L.

Hotel. "Hotel" means any building or portion thereof with access provided through a common entrance, lobby or hallway to guest rooms, and which rooms are designed, intended to be used or are used, rented or hired out as temporary or overnight accommodations for guests.

M.

Hotel, single-room occupancy. "Hotel, single-room occupancy" means a commercial facility where individual secure rooms are rented to a one or two-person household. Single-room occupancy hotel units are provided on a daily, weekly, or monthly basis, and are typically eighty (80) to two hundred fifty (250) square feet in size, with a sink and closet, but which require the occupant to share a communal bathroom, shower, and kitchen.

(Ord. No. 11-383, § 2, 3-9-2011)

A.

Income, area median. "Area median income" means the current median annual household income for the city, as annually estimated by the U.S. Department of Housing and Urban Development or, if said federal estimates are discontinued, as published by the California Department of Housing and Community Development.

B.

Income, low. "Income, low" shall mean an annual income for a person or a family which does not exceed eighty (80) percent of the area median income.

C.

Income, moderate. "Income, moderate" shall mean an annual income for a person or a family which does not exceed one hundred twenty (120) percent of the area median income.

D.

Improvement. "Improvements" means any man-made actions which add to or enhance the value of land or buildings.

E.

Industry. "Industry" means the manufacture, fabrication, processing, reduction or destruction of any article, substance or commodity, or any other treatment thereof in such a manner as to change the form, character, or appearance thereof, and includes storage elevators, truck storage yards, warehouses, wholesale storage and other similar types of enterprise.

F.

Institution. "Institution" means a social, educational, governmental, health, or religious organization.

G.

Institution for children, private. "Private institution for children" means an institutional facility in character providing twenty-four-hour care for sixteen (16) or more children under sixteen (16) years of age, as defined and licensed by the department of social welfare for the State of California.

H.

Institution for aged persons, private. "Private institution for aged persons" means an institutional facility in character providing twenty-four-hour care for sixteen (16) or more aged persons sixty-five (65) years of age or older, as defined and licensed by the department of social welfare of the State of California.

I.

Intensity. "Intensity" means the magnitude of activity affecting the development of densities, traffic flow, commercialism, tourism and land use.

J.

Internet cafe. "Internet cafe" means any retail establishment that dedicates thirty (30) percent or less of the entire floor area to computers that provide access to the internet, E-mail, internet video games, computer software programs and any other computer related uses. The remaining seventy (70) percent of the floor area shall be dedicated to a coffeehouse or similar use by providing seating, tables, counter space, display cabinets, kitchen and a manned non-alcoholic beverage bar. The sale of food and beverage from vending machines is prohibited. The computer stations shall not be located in the front portion of the tenant space.

(Ord. No. 04-325, § 2, 8-25-2004)

A.05.

Junior accessory dwelling unit. "Junior accessory dwelling unit" or "JADU" means a unit that is no more than five hundred (500) square feet in size and contained entirely within a single-family residence, excluding an attached garage. A junior accessory dwelling unit may include separate sanitation facilities or may share sanitation facilities with the existing structure. A junior accessory dwelling unit must have exterior access that is independent of that for the single-family dwelling.

A.

Junk. "Junk" means any wornout, castoff, or discarded article or material.

B.

Junk and salvage yard. "Junk and salvage yard" means any property used for the breaking up, dismantling, sorting, storage, distribution, or sale of any scrap, waste material or junk.

(Ord. No. 21-456, § 3, 8-25-2021)

A.

Kennel. "Kennel" means any lot where four (4) or more dogs, or cats, over the age of four (4) months, are kept or maintained.

B.

Kennel, commercial. "Commercial kennel" means any kennel maintained for the purpose of boarding, breeding, raising or training dogs or cats for a fee or for sale.

C.

Kitchen. "Kitchen" means any room in a building or dwelling unit which is used for cooking and preparation of food.

A.

Landscaping. "Landscaping" means the planting of suitable plant materials or a combination of plant materials with minimum areas of paving, gravel, or otherwise dustfree materials including an adequate irrigation system.

B.

Launderette. "Launderette" means a business premises equipped with individual clothes washing and drying machines either coin operated or attendant operated for the use of retail customers, exclusive of laundry facilities provided as accessory use in an apartment house or apartment hotel.

C.

Laundry. "Laundry" means a building where clothing and fabrics are washed, other than a launderette and is defined in this article as a manufacturing use.

D.

Line of sight. "Line of sight" means a visual path emanating from an average eye level adjudged to be five (5) feet above the ground level.

E.

Loading space. "Loading space" means an off-street space or berth on the same lot with a main building, or contiguous to a group of buildings, for the temporary parking of a group of commercial vehicles, while loading or unloading, and which has access from a street, alley, or other permanent means of ingress or egress.

F.

Local street. "Local street" means a low-speed, low-volume highway primarily for access to residential, business, and other abutting property.

G.

Lot. "Lot" means any numbered or lettered parcel shown on a recorded tract map, a record of survey recorded pursuant to an approved division of land, or a parcel map.

H.

Lot, corner. "Corner lot" means a lot located at the intersection or interception of two (2) or more streets at an angle of not more than one hundred thirty-five (135) degrees, which lot shall be considered a corner lot. If greater than one hundred thirty-five degrees, the lot shall be considered an exterior lot.

I.

Lot depth. "Lot depth" means the average horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.

J.

Lot, flag. "Flag lot" means a lot so shaped and designed that the main building site area is set back from the street on which it fronts and includes an access strip not less than fifteen (15) feet in width at any point connecting the main building site area to the frontage street.

K.

Lot, interior. "Interior lot" means a lot other than a corner or reverse corner lot.

L.

Lot, key. "Key lot" means the first lot to the rear of a reverse corner lot.

M.

Lot reverse corner. "Reverse corner lot" means a corner lot, the side line of which is substantially a continuation of the front lot lines of the lot to its rear, whether across an alley or not.

N.

Lot, through. "Through lot" means a lot having frontage on two (2) dedicated parallel or approximately parallel streets.

O.

Lot line. "Lot line" means any line bounding a lot as defined in section 9120.12.G. "Property line" means the same as "lot line."

P.

Lot line, front. On an interior lot, the front lot line is the property line abutting the street. On a corner or reverse corner lot, the front lot line is the shorter property line abutting a street, except in those cases where the subdivision or parcel map specified another line as the front lot line. On a through lot or a lot with three (3) or more sides abutting a street or a corner or reverse corner lot with lot lines of equal length, the director shall determine which property line shall be the front lot line for the purposes of compliance with yard and setback provisions of this title. On a private street or easement, the front lot lines shall be designed as the edge of the easement.

Q.

Lot line, interior. "Interior lot line" means a lot line not abutting a street.

R.

Lot line, rear. "Rear lot line" means a lot line not abutting a street which is opposite and most distant from the front lot line. In the case of an irregularly shaped lot, a rear lot line shall be a line within the lot, having a length of not less than ten (10) feet. A lot which is bounded on all sides by streets may have no rear lot lines.

S.

Lot line, side. "Side lot line" means any lot line not a front lot line or rear lot line.

T.

Lot width. "Lot width" means the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear lot lines.

A.

Marquee. "Marquee" means a roofed structure, awning or canopy attached to and supported by the building and extended over a building line and/or over public property.

B.

Master plan of arterial highways. "Master plan of arterial highways" means the master plan of the city designating adopted and proposed routes for all arterial highways within the city.

C.

Mixed use. "Mixed use" means a development consisting of a combination of the following: commercial, manufacturing and/or residential uses. Residential mixed use is where there is a residential combined with non-residential use(s), and where the residential component is located either above (vertical mixed use) or directly adjacent (horizontal mixed use) to the non-residential component.

D.

Mobile home. "Mobile home" means a vehicle designed and equipped for human habitation, and for being drawn by a motor vehicle and having no foundation other than jacks, piers, wheels or skirtings.

E.

Mobile home park. "Mobile home park" means any area or tract of land where one (1) or more mobile home lots are sold, rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation, and includes mobile home accommodation structures. The rental paid for any such mobile home is deemed to include rental for the lot it occupies.

F.

Model home. "Model home" means a dwelling or residential building having all of the following characteristics:

1.

The dwelling is constructed upon a proposed lot previously designated as a model home site in a subdivision for which there is an approved tentative map, and for which a final map has been recorded.

2.

The dwelling is intended to be temporarily utilized as an example of the dwellings which have been built or which are proposed to be built in the same subdivision.

G.

Motel. "Motel" shall be referred to in this article as inn, motor inn, or lodge and means a building or group of buildings containing guest rooms or dwelling units designed, intended, or used primarily for the accommodation of transient automobile travelers, including but not limited to buildings or building groups designated as auto cabins, motor courts, or motor hotels.

H.

Motor vehicle. "Motor vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a street or highway excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks.

I.

Multi-family residential unit. "Multi-family residential unit" means an apartment, townhome or condominium development.

(Ord. No. 14-409, § 4, 8-13-2014)

A.

Net area. "Net area" means the total horizontal area within the property lines of a lot or parcel of land exclusive of all rights-of-way and all easements that physically prohibit the surface use of a portion of the property.

B.

Nightclub. "Nightclub" means any bar, cocktail lounge or restaurant, other than a cabaret, wherein live entertainment is provided.

C.

Noncommercial. "Noncommercial" means an enterprise or activity which is not conducted for profit or gain.

D.

Nonconforming structure. "Nonconforming structure" means a lawfully established building or structure that does not conform to the regulations of this article or is designed for a use that does not conform to the regulations of this article, for the district in which it is located, either on the effective date of this article, or as the result of subsequent amendments to this article.

E.

Nonconforming use. "Nonconforming use" means the lawfully established use of a building, structure, or land that does not conform to the use regulations of this article for the district in which it is located, either on the effective date of this article, or as the result of subsequent amendments of this article.

F.

Nudist camp. "Nudist camp" means any place where three (3) or more persons not all members of the same family congregate, assemble, associate or engage in any activity without clothing or covering or with partial clothing or covering but with any pubic area or any portion of the crease of the buttocks, or total exposed area of a woman's breast, exposed in the presence of others or of each other, except for occasional gathering or activities occurring on the premises of a private home.

A.

Oak tree. "Oak tree" means valley oak (Quercus lobata), coast live oak (Quercus agrifolia) or any other tree of the oak genus.

B.

Oak tree preservation guidelines. "Oak tree preservation guidelines" means the policy established by the city council and the administrative procedures and rules established by the director of planning and community development for implementing this article.

C.

Occupancy. "Occupancy" shall mean the purpose for which land or a structure is used or intended to be used. A change of occupancy does not include a mere change of owners, tenants or proprietors.

D.

Office. The following types of uses are typical office functions: Agricultural, business and personal credit services; security and commodity brokers, dealers, exchanges, and services; employment services; insurance carriers, agents, brokers and services; real estate and related services; holding and investment companies; advertising services; consumer and mercantile credit reporting services; adjustment and collection services; direct mail advertising services; stenographic services and other duplicating and mailing services; news syndicate services; business and management consulting services; detective and protective services; motion picture distribution and services; physician and dental services; and office activities only of business organizations involved in manufacturing, wholesale and retail trade, transportation, communications and utilities.

E.

Open space, developed. "Developed open space" means open space substantially free of structures but possibly containing improvements which are part of a development plan or are appropriate for the residents of any residential development.

F.

Open space, natural. "Natural open space" means any parcel of land or water which is essentially unimproved and devoted to an open space use.

G.

Outside display. "Outside display" means the placement of goods, equipment, merchandise or exhibits at a location visible to the public view, other than within a building.

H.

Outside storage. "Outside storage" means the storage of goods, equipment or materials out side of a building for any purpose other than outside display.

(Ord. No. 130, § 2, 7-29-87; Ord. No. 09-362, § 1, 7-8-09)

A.

Parcel. "Parcel" means an area of contiguous land owned by the same person or persons. A parcel may consist of one (1) or more lots.

B.

Park or playground, public. "Public park or playground" shall mean a publicly owned and operated recreation area and appurtenant facilities.

C.

Parking area, private. "Private parking area" means an area, other than a street, designed or used primarily for the parking of private vehicles and not open to general public use.

D.

Parking area, public. "Public parking area" means an area other than a private parking area or street, used for the parking of vehicles and available for general public use, either free or for remuneration.

E.

Parking area, restricted. "Restricted parking area" means an area used for parking vehicles on a semipermanent basis and not available to the general public for hourly or day-to-day parking.

F.

Parking stall. "Parking stall" means the space within a building or private or public parking area, exclusive of driveways, ramps, columns, office and working area, for the parking of one automobile.

G.

Parking stall, tandem. "Tandem parking stall" means a grouping of two (2) or more parking stalls arranged one behind the other.

H.

Parkway. "Parkway" means a relatively low-speed arterial highway abutting and distributing trips to a variety of land uses. This facility primarily serves short-range trips. A parkway has emergency parking only and will have considerable parallel and perpendicular pedestrian movement.

I.

Person. "Person" means any individual, firm, partnership, joint venture, association, social club fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, of this and any other city, city and county, district or other political subdivision, or any other group or combination acting as a unit.

J.

Pathway. "Pathway" means an accessway to accommodate pedestrians, and bicycles.

K.

Pedestrianway. "Pedestrianway" means a right-of-way for pedestrians, free from vehicular traffic and including access ramps, stairs, and mechanical lifts and routes through buildings, which are available for public use.

L.

Planned development. "Planned development" means a development of parcels of land as a coordinated project which has been developed according to an approved development plan. Adequate control of the development is provided in order to maintain aesthetic values and to protect the interest of the community as a whole. Planned developments may be either residential or commercial.

M.

Planned street or highway line. "Planned street line or highway line" means the planned right-of-way for a major or secondary highway or traffic collector street. A yard abutting such a highway or street may be measured from this planned right-of-way.

N.

Pond. "Pond" means any artificial body of water designed to provide visual relief, or to hold fish, or similar use.

O.

Pool. "Pool" means any artificial body of water for swimming, wading or similar use.

P.

Private. "Private" means belonging to or restricted for the use or enjoyment of particular persons.

Q.

Protected zone. "Protected zone" means that area at the base of an oak tree formed by tracing an imaginary line five (5) feet outward from and around the circumference of the drip line, the protected zone being the area extending inward toward the trunk of the tree from the tracing line. The protected zone shall be a radius of at least fifteen (15) feet from the trunk of the tree.

R.

Public safety area. "Public safety area" means a strip of land adequate in width adjacent to and parallel with a street right-of-way.

R.1.

Public transit. "Public transit" means a location, including, but not limited to, a bus stop, where the public may access buses and other forms of transportation that charges set fares, run on fixed routes, and available to the public.

S.

Public way. "Public way" means any street, alley, pedestrianway, pathway, channel, viaduct, subway, bridge, easement, right-of-way or other way in which the public has a right of use.

(Ord. No. 21-456, § 3, 8-25-2021)

A.

Real estate tract sales office. "Real estate tract sales office" means a temporary use of a building for the sole purpose of selling tract residences within a particular subdivision or series of subdivision.

B.

Recreation club, private. "Private recreation club" means an association of persons who are bona fide members, paying regular dues, and organized to provide recreational facilities for members and their guests, but not including an association organized primarily to render a service customarily carried on as a commercial enterprise.

C.

Recreational facilities, neighborhood. "Neighborhood recreation facilities" means outdoor recreation facilities established by an association of persons who are bona fide members and operated as a nonprofit corporation to provide outdoor recreation facilities for residents in the immediate vicinity and their guests. Such facilities may include a clubhouse, changing rooms and similar subordinate facilities in conjunction with the outdoor recreation activity, but shall not include a restaurant, bar or pro shop.

D.

Recreational vehicle. "Recreational vehicle" means a travel trailer, pickup camper, or motorized home, with or without motive power, designed for human habitation for recreational or emergency occupancy.

E.

Removal, oak tree. "Removal" means the physical removal of a tree or activities causing the death of a tree through damaging, poisoning or other direct or indirect action.

F.

Retail. "Retail" means the selling of goods, wares or merchandise directly to the ultimate consumer.

G.

Riding and hiking trail. "Riding and hiking trail" means a trial or way designed for and used by equestrians, pedestrians, and/or cyclists using nonmotorized bicycles.

H.

Right-of-way. "Right-of-way" means an area or strip of land, either public or private, on which a right of passage has been locally established.

I.

Room, guest. "Guest room" means one which is designed, used or intended to be used as temporary sleeping accommodations for any person, and which does not contain a bar sink and/or gas, electrical or water outlets designed, used or intended to be used for cooking facilities except as otherwise specifically provided by this article.

J.

Routine maintenance, oak tree. "Routine maintenance" means actions needed for the continued good health of an oak tree, including but is not limited to removal of deadwood, insect control, spraying and watering.

K.

Recycling center. "Recycling center" means a facility used for the collection and/or purchase of recyclable materials for transport to an off-site location for further processing.

L.

Residential care facility for the elderly. "Residential care facility for the elderly" shall mean a state-licensed residential facility for the elderly, as defined in California Health and Safety Code Section 1569.2.

M.

Retail store. "Retail store" means any store, shop, business, or establishment engaged in the selling of goods, wares or merchandise directly to the ultimate consumer, including but not limited to appliance stores, bookstores, clothing and apparel stores, drugstores, furniture stores, hardware stores, jewelry stores, liquor stores, music stores, paint and wallpaper stores, pet stores, record stores, and toy stores.

(Ord. No. 203, § 1, 10-9-91; Ord. No. 99-299, § 1, 11-17-99; Ord. No. 02-310, § 3A, 3-5-2002; Ord. No. 14-406, § 4, 5-14-2014)

A.

Salvage. "Salvage" means any article or material which is to be or intended to be reclaimed or saved from destruction.

B.

Sanitarium, health. "Health sanitarium" means an institution where patients, other than mental, alcohol or drug addict patients, are housed and where medical or post-surgical treatment is provided.

C.

Sanitarium, mental. "Mental sanitarium" means an institution for the recuperation and treatment of victims of mental disorders, alcohol or drug addiction.

D.

Scenic highway. "Scenic highway" means any highway designated a scenic highway by the city, county, state or federal government.

E.

SEATAC. "SEATAC" means the significant ecological area technical advisory committee.

F.

Secondary street. "Secondary street" means a street that provides access to an arterial street or a freeway and for abutting property. Trip lengths and travel speeds are lower than on arterial streets.

G.

Section. "Section" means a section of this article, unless some other ordinance or statute is mentioned.

H.

Senior citizens and handicapped persons housing development. "Senior citizens and handicapped persons housing development" means a multiple-family housing development maintained for the occupancy of the elderly in which not more than ten (10) percent of the occupants are under sixty-two (62) years of age, or for handicapped persons having a physical or mental, disability that substantially limits activity especially in relation to employment or education.

I.

Service. "Service" means an act, or any result of useful labor, which does not, in itself, produce a tangible commodity.

J.

Setback area. "Setback area" means the area between the building line, or when abutting a street, from the ultimate right-of-way line.

K.

Setback distance. "Setback distance" means the distance between the building line and the property line, or when abutting a street, the ultimate right-of-way line.

L.

Sexual arousal, sexual gratification and/or Sexual stimulation. "Sexual arousal, sexual gratification and/or sexual stimulation" as used in this article means the act, stimulation, depiction or visual display of any of the following:

1.

Sexual intercourse, oral copulation, anal intercourse, oral-anal contact, bestiality, direct physical stimulation of genitals, flagellation or torture in the context of a sexual relationship, or any of the following depicted sexually oriented acts or conduct: anilingus, buggery, coprolagnia, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zooerasty;

2.

Human genitals in a state of sexual stimulation, arousal or tumescence;

3.

Human or animal masturbation, sodomy, oral copulation, coitus, ejaculation;

4.

Fondling or touching human genitals, pubic region, buttock or female breast;

5.

Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

6.

Erotic or lewd touching, fondling or other contact with an animal by a human being;

7.

Human excretion, urination, menstruation, vaginal or anal irrigation.

"Sexual arousal, sexual gratification and/or sexual stimulation" shall also include the following:

1.

Less than completely and opaquely covered:

a.

Human genitals, pubic region;

b.

Buttock; and

c.

Female breast below a point immediately above the top of the areola; and

2.

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

M.

Shall. "Shall" is mandatory.

N.

Shopping center. "Shopping center" means an integrated development of retail and/or service commercial activities on one (1) lot of land sharing common parking facilities and serving a wide spectrum of community shopping needs.

O.

Sign. "Sign" means any thing of visual appearance primarily used for, or having the effect of, attracting attention from streets, sidewalks or other outside public areas for identification purposes. A sign shall not mean displays of merchandise, products for sale on the premises, ornamentation, design, recreational equipment, statuary, architecture, landscaping, pictures, paintings and other such art forms unless the attraction, because of the location, size, use or nature thereof, has the substantial effect of attracting attention for identification purposes when viewed from an outside public area. "Sign" shall include a neon sign at any location inside a building if such sign can be viewed from an outside public area. For the purpose of this part, a sign is not a sign if it is inside a building, more than three (3) feet behind a window and not facing a window in such a way as to be viewed from an outside public area.

P.

Significant ecological area. "Significant ecological area" means significant ecological areas/habitat management areas designated as open space on the land use map of the general plan, which are ecologically important or fragile land and water areas valuable as plant and animal communities. The intent is to preserve these resources in an ecologically viable state.

Q.

Sidewalk. "Sidewalk" means that paved portion of a thoroughfare, other than a roadway, set apart by curbs, barriers, markings, or other delineations for pedestrian travel.

R.

Solid fill. "Solid fill" means any noncombustible materials, insoluble in water, such as soil, rock, sand, or gravel, that can be used for grading land or filling depressions.

S.

Special use permit. Whenever this article, or any permit granted thereunder, refers to a "special permit" or a "special use permit," it shall be construed to mean a conditional use permit.

T.

Specific plan. "Specific plan" means a definite statement adopted by ordinance of policies, standards, and regulations, together with a map or description defining the location where such policies, standards, and regulations are applicable pursuant to the requirements of the Government Code of the state.

U.

Stable, private. "Private stable" means a building or a portion of a building used to shelter, board and/or feed equines not for profit.

U.1. Stable, public. Public stable shall mean a structure, a portion of a structure or other enclosures used to shelter and feed equines for some form of remuneration.

V.

Storage. "Storage" shall mean the use of land or structures for the accumulation or holding of goods, merchandise, equipment or material, except that "junk" shall be excluded from this definition.

W.

Story. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above.

X.

Street or highway. "Street or highway" means a public or private vehicular right-of-way other than an alley.

Y.

Street centerline. "Street centerline" means the centerline of a street right-of-way as established by official survey.

Z.

Street opening. "Street opening" means a curb break, or a means, place, or way provided for the purpose of gaining vehicular access between a street and abutting property.

AA.

Structure. "Structure" means anything constructed or erected requiring a fixed location on the ground or attached to a thing having a fixed location on the ground except business signs and other improvements of a minor character.

BB.

Structural alterations. "Structural alteration" means any change in the supporting members of a building or structure.

CC.

Substantial remodel. "Substantial remodel" means the removal of fifty percent or more of the exterior walls or roof or removal of fifty (50) percent or more of supporting members of a structure such as bearing walls, columns, beams or girders for any duration of time. This definition does not apply to the replacement and upgrading of residential roof coverings.

DD.

Suite, guest. "Guest suite" means a combination of two (2) or more guest rooms.

DD.1.

Supportive housing. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as identified in state law, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

EE.

Swap meet. "Swap meet" shall mean a business conducted for the purpose of selling new or used merchandise in a location not primarily devoted to such use on a daily basis and where two (2) or more individual sellers rent, lease or otherwise purchase the right to sell their products at the location. A swap meet shall also include a flea market. Swap meet or flea market shall not include such activities when conducted by a church, school, or other similar nonprofit, public service organization.

FF.

Swimming pool. "Swimming pool" means an artificial body of water having a depth in excess of eighteen (18) inches, designed, constructed and used for swimming, dipping or immersion purposes by men, women or children.

(Ord. No. 162, § 1, 9-13-89; Ord. No. 09-358, § 2, 1-18-2009; Ord. No. 11-383, § 3, 3-9-2011; Ord. No. 434, § 8, 1-10-2018)

A.

Theater. "Theater" means an enclosed building used for public assembly and/or entertainment, including sports events, theatrical performances, concerts and recitals, circuses, stock shows and conventions. "Theater" shall include auditorium.

B.

Theater, adult. "Adult theater" means any theater which is not customarily open to the general public because minors are excluded by virtue of their age as a prevailing business practice.

C.

Theater, movie. "Movie theater" means an enclosed building used for showing motion pictures.

D.

Theater, open air. "Open air theater" means an oval or circular building with rising tiers of seats used for public entertainment.

E.

Townhouse development. "Townhouse development" means a cluster development consisting of attached dwelling units, of similar architectural design, which share a common wall. The townhouses and land they rest upon may be individually owned.

F.

Travel trailer park. "Travel trailer park" means any area or tract of land or a separate designated section within a mobile home park where one (1) or more lots are rented or leased or held out for rent or lease to owners or users of recreational vehicles used for travel or recreational purposes.

G.

Truck terminal or truck yard. "Truck terminal or truck yard" means a principal use of land for parking, servicing, repairing or storage of trucks in active use. This definition does not include such activities if incidental to and located on the same lot as a permitted use, servicing only said permitted use, and wholly owned by the owners of said permitted use.

H.

Transitional housing. "Transitional housing" means buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months.

(Ord. No. 240, § 2, 9-8-93; Ord. No. 11-383, § 5, 3-9-2011)

A.

Ultimate right-of-way. "Ultimate right-of-way" means the right-of-way shown as ultimate on a adopted precise plan of highway alignment; or the street rights-of-way shown within the boundary of a recorded tract map, a recorded parcel map, or a recorded development plan. The latest adopted or recorded document in the cases mentioned in this section shall take precedence. If none of these exists, the ultimate right-of-way shall be considered the right-of-way required by the highway classification as shown on the master plan of arterial highways. In all other instances, the ultimate right-of-way shall be considered to be the existing right-of-way.

B.

Use. "Use" means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

C.

Use, accessory. "Accessory use" means a use customarily incidental and accessory to the principal use of the land or building site, or to a building or other structure located on the same building site as the principal use.

D.

Use, principal. "Principal use" means the main purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.

E.

Use, temporary. "Temporary use" means a use which is required for the proper functioning of the community or temporarily required in the process of establishing a permitted use or constructing of a public facility. Such use shall be permitted only after the issuance of a temporary use permit as established by the provisions of this article.

A.

Vehicular accessway. "Vehicular accessway" means a private, nonexclusive vehicular easement affording access to abutting properties.

B.

Vehicle, commercial. "Commercial vehicle" means a vehicle which when operated upon a highway is required to be registered as a commercial vehicle by the state Vehicle Code, or a vehicle used primarily for commercial purposes.

B.1.

Very high fire hazard severity zone. "Very high fire hazard severity zone" means zone as defined by Government Code Section 51177 and designated for Agoura Hills by the Office of State Fire Marshal.

C.

Veterinary clinic, small animal. "Small animal veterinary clinic" means any facility providing medical or surgical treatment, clipping, bathing and similar services to dogs, cats, and other small animals, but excluding boarding or the keeping of animals on the premises other than those requiring emergency treatment or those recovering from anesthetic.

(Ord. No. 21-456, § 3, 8-25-2021)

A.

Warehouse. "Warehouse" shall mean a building or portion of a building used primarily for the deposit, storage or safekeeping of goods regardless of whether the goods are offered for sale.

B.

Watercourse. "Watercourse" means a natural or man-made channel through which water flows.

C.

Wholesale. "Wholesale" means a business establishment primarily engaged in selling to retailers or jobbers, rather than consumers.

D.

Wing wall. "Wing wall" means an architectural feature in excess of six (6) feet in height which is a continuation of a building wall projecting beyond the exterior walls of a building.

A.

Yard. "Yard" means any open space on the same lot with a building or dwelling group, which space is between the setback lines and the lot lines of the parcel or the planned street line and is unoccupied and unobstructed except for the planned street line and is unoccupied and unobstructed except for the encroachments permitted by this article.

A.

Zone or Zoning district. "Zone" or "zoning district" means a designation or classification of land as shown on the zoning map within which uniform regulations as provided in this article shall apply to the use and development of land.

B.

Zoning administrator. "Zoning administrator" means the director of planning and community development or his duly authorized representative.

C.

Zoning ordinance or this ordinance. "Zoning ordinance" or "this ordinance" means the comprehensive zoning ordinance of the city.

D.

Zoning map. "Zoning map" means the official zoning map of the city which is a part of this article.

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

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

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

A.

Intensity of use.

B.

Compatibility with existing and proposed surrounding uses.

C.

Preservation of privacy of adjacent residential uses.

D.

Provisions of adequate buffering from adjacent residential uses.

E.

Adequate protection of the quiet enjoyment of existing residential development.

F.

Minimization of conflicts between intensity of uses.

G.

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

H.

Preservation of views from existing development.

I.

Level of impact of traffic on existing development.

J.

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

K.

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

L.

Level of impact on community facilities, including schools.

All development shall satisfy the following design criteria:

A.

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

B.

The architectural expression shall be carried out throughout the project.

C.

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

D.

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

E.

All new development shall be adequately buffered from existing development.

F.

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

G.

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

(Ord. No. 98-287, § 1, 5-13-98)

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

(Ord. No. 18-438, § 3, 10-18-18)

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

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

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

A.

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

B.

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

C.

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

D.

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

E.

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

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

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

Director means the city's director of planning.

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

HCD means the California Department of Housing and Community Development.

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

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

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

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

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

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

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

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

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

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

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

(Ord. No. 18-438, § 3, 10-18-18)

A.

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

B.

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

(Ord. No. 18-438, § 3, 10-18-18)

A.

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

1.

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

2.

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

3.

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

B.

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

C.

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

(Ord. No. 18-438, § 3, 10-18-18)

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

A.

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

B.

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

C.

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

(Ord. No. 18-438, § 3, 10-18-18)

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

(Ord. No. 18-438, § 3, 10-18-18)

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

(Ord. No. 18-438, § 3, 10-18-18)

A.

All inclusionary units shall be:

1.

Reasonably dispersed throughout the residential development.

2.

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

3.

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

B.

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

C.

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

D.

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

E.

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

(Ord. No. 18-438, § 3, 10-18-18)

A.

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

B.

Any violation of this section constitutes a misdemeanor.

C.

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

D.

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

E.

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

1.

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

2.

Actions for injunctive relief or damages.

F.

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

(Ord. No. 18-438, § 3, 10-18-18)

A.

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

B.

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

C.

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

(Ord. No. 18-438, § 3, 10-18-18)

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

(Ord. No. 18-438, § 3, 10-18-18)

In order to classify, regulate, restrict, and separate the use of land, buildings and structures; to regulate and limit the type, height and bulk of buildings and structures in a logical division; to regulate the areas of yards and other open spaces abutting and between the buildings and structures; and to regulate the density of population, the land use districts delineated in sections 9142 through 9142.3 are established.

The following districts are established in the city.

A.

Residential, very low density (RV)

B.

Residential, low density (RL)

C.

Residential, single-family (RS)

D.

Residential, medium density (RM)

E.

Residential, high density (RH)

F.

Commercial shopping center (CS)

G.

Commercial retail/service (CRS)

H.

Commercial recreation (CR)

I.

Business park-office retail (BP-OR)

J.

Business park-manufacturing (BP-M)

K.

Commercial shopping center-mixed use (CS-MU)

L.

Commercial neighborhood (CN)

(Ord. No. 11-388, § 2, 12-14-11)

A.

Local park (P)

B.

School (SH)

C.

Utility (U)

D.

Open water (OW)

E.

Study (S)

F.

Planned development (PD)

G.

Open space-deed restricted (OS-DR)

H.

Open space-restricted (OS-R)

(Ord. No. 193, § 1, 9-25-91; Ord. No. 11-388, § 2, 12-14-11)

A.

Drainageway, floodplain, watercourse (-D)

B.

Geologic hazard (-GH)

C.

[Reserved.]

D.

Freeway corridor (-FC)

E.

Old Agoura design (-OA)

F.

Indian Hills (-IH)

G.

Cluster development (-CD)

H.

Equestrian Overlay District (-EQ)

(Ord. No. 193, § 2, 9-25-91; Ord. No. 09-358, § 1, 1-18-09)