The commercial districts are included in the zoning regulations to achieve the following:

A.

To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments, and businesses offering a variety of commodities and services required by residents of the city and its surrounding market area;

B.

To provide opportunities for the concentration of a diversity of retail stores, offices, service establishments and amusement establishments in mutually beneficial relationships to each other for the convenience of the public;

C.

To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading areas;

D.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

E.

To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses;

F.

To protect commercial properties from fire, explosion, noxious fumes, and other hazards;

G.

Use and promote open spaces and landscaping to create a visually pleasing environment, as well as to distinguish city and neighborhood boundaries;

H.

Intensified or regional-relation commercial uses shall be organized and designed to promote maximum opportunity for transit usage;

I.

Commercial and office developments shall exhibit the highest standards of site planning, architecture and landscape design;

J.

Enhance the pedestrian experience through well-delineated and design-enhanced pathways from the parking lots to the commercial businesses, and pedestrian connections from the commercial developments to adjacent neighborhoods and districts, and by providing pedestrian amenities that include outdoor seating areas and gathering spaces.

(Ord. No. 11-388, § 11, 12-14-2011)

The following commercial districts are hereby established:

A.

CS Commercial shopping center district;

B.

CRS Commercial retail/service district;

C.

CS-MU Commercial shopping center-mixed use district;

D.

CR Commercial recreation district;

E.

BP-OR Business park-office retail district;

F.

BP-M Business park-manufacturing district;

G.

CN Commercial neighborhood center district; and

H.

POM planned office and manufacturing district.

(Ord. No. 11-388, § 11, 12-14-2011; Ord. No. 14-409, § 6, 8-13-2014)

The following design standards shall be applicable to any development in all commercial districts.

All uses and structures not requiring any other discretionary approvals shall not be permitted unless a site plan review is obtained pursuant to the provisions of chapter 6. The following site design criteria shall be utilized in conjunction with the general development standards, as set forth in chapter 6:

A.

Existing site conditions. Existing site conditions such as mature vegetation, slopes, drainage courses, rock outcropping and views should be all considered as possibilities for inclusion in the project. Use of valuable existing site elements will assist in formulating a focused design theme.

B.

Building orientation. Placement of the buildings shall be done in a manner compatible with surrounding existing and planned uses and buildings. The setback from streets and adjacent properties is directly proportionate to the scale of the proposed building and those around it. Larger buildings will require more setback area for a balance of scale and for the protection of solar access to the proposed building and adjacent sites. Lastly, placement of the building should provide the most aesthetic public views.

C.

Access/circulation. The access and circulation of a development should be designed to provide a safe and efficient system, both on and off the site. Points of access shall be designed in conformance with the city access regulations. The circulation system shall be designed to reduce conflicts between vehicular and pedestrian traffic, minimize impacts on adjacent properties, combine circulation and access areas where possible, and provide adequate maneuvering areas. Points of access shall not conflict with other planned or existing access points. Clearly delineated pedestrian connections between business areas and parking areas, and to adjoining neighborhoods and districts shall be provided, which provide safety and amenities to pedestrians.

D.

Parking areas. The visual prominence of parking areas shall be minimized in the overall design of a project through site design and landscaping. Parking areas should be screened from streets through combinations of mounding, landscaping, low profile walls and grade separations. The design of parking areas shall also minimize auto noise, lights and glare, and ambient air temperature. This can be accomplished through the use of sound walls, site location, use of well-designed lights, and landscaping throughout the parking lot. Parking lots shall incorporate well-designed and articulated pedestrian pathways from the parking areas to the businesses to create a safe and pleasant pedestrian environment. Bicycle parking racks or other public bike storage shall be provided in convenient locations of the development.

E.

Landscape/open space. Landscaping and open spaces should be designed as an integral part of the overall site plan design. Landscaping and open spaces should enhance the building design, enhance public views and spaces, provide buffers and transitions, provide for a balance of solar uses, and provide screening. Additionally, the landscape design should accent the overall design theme through the use of structures such as arbors or trellises, hardscape, and special paving.

F.

Walls/screening. The use of any walls should be consistent with the overall design theme. Walls are discouraged unless needed for a specific screening or safety purpose. Where they are needed, color, material and variation of the vertical/horizontal plane are needed to blend with the site and building and design.

G.

Lighting. On-site lights should provide a safe, functional and aesthetic design. Enough lighting should be provided to ensure a safe environment while at the same time not cause areas of intense light or glare. Fixtures and poles shall be designed and placed in a manner consistent and compatible with the overall site and building design.

H.

Utilities and ancillary equipment. On-site utilities and equipment shall be located in inconspicuous areas, away from public view, wherever feasible. Where they are located in public view, they shall be screened with a combination of material that best suits the overall design theme.

I.

Compatibility with adjacent uses. Commercial uses adjoining residential neighborhoods shall be designed to be compatible with the neighborhoods through locating automobile and truck access and unloading areas so that they do not directly front residential uses, or by providing adequate screening of landscaping and/or decorative walls in areas adjacent to the residential uses.

(Ord. No. 11-388, § 12, 12-14-2011)

In addition to the provision of chapter 6, all buildings constructed in the commercial districts shall conform to the following criteria:

A.

Design theme. A recognizable design theme shall be established for each building. That theme shall be one which creates a harmonious building style, form, size, color, material and roof line, as it relates to surrounding planned or existing developments. Subtle variations are encouraged which provide visual interest but do not create abrupt changes causing discord in the overall design of the immediate area. It is not intended that one style of architecture should be dominant but that individual structures shall create and enhance a high quality and harmonious community appearance.

B.

Scale. The mass and scale of the building needs to be proportionate to the site, open spaces, street locations and surrounding developments. No matter what the scale of a building, setbacks and overall heights should provide an element of openness and human scale. Multistory building should be set back toward the center of the site or be designed in a stepped style.

C.

Materials and colors. Colors, textures and materials shall be coordinated to achieve total compatibility of design. They should blend well with the environment and not cause abrupt changes.

D.

Signing. Every building shall be designed with a precise concept for adequate signing. Provisions for sign placement, sign scale in relationship with building and readability shall be considered in developing the signing concept. While providing the most effective signing, it shall also be highly compatible with the building and site design relative to color, material and placement.

E.

Equipment screening. Any equipment, whether on the roof, side of building, or ground, shall be screened. The method of screening shall be architecturally integrated in terms of material, color, shape, and size. The screening design shall blend with the building design. All such equipment on a building shall be screened behind and/or below a permanent part of the main roof. If this is not possible due to elevation, then said equipment shall be placed on the ground.

F.

Off-street parking and loading requirements. Off-street parking and loading shall be provided as required by chapter 6.

G.

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

H.

Signs. All signs shall be in compliance with chapter 6.

The conduct and operation of all uses in the commercial districts shall comply with the following minimum standards:

A.

Noise. All operations and businesses shall be conducted to comply with the following standards:

1.

All commercial activities shall not create any noise that would exceed an exterior noise level of sixty (60) dBA during the hours of 10:00 p.m. to 7:00 a.m. and sixty-five (65) dBA during the hours of 7:00 a.m. to 10:00 p.m.

2.

Loading and unloading. No person shall cause the loading, unloading, opening, closing, or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of 10:00 p.m. and 7:00 a.m., in a manner which would cause a noise disturbance to a residential area.

3.

Vehicle repairs and testing. No person shall cause or permit the repairing, modifying, or testing of any motor vehicle, motorcycle, or motorboat in such manner as to increase a noise disturbance between the hours of 10:00 p.m. and 8:00 a.m. across from a residential area.

B.

Lights. All lights and glare associated with operations, and illuminated signs shall be shielded or directed so as to not illuminate adjacent locations or cause glare to motorists.

C.

Smoke. No operation or activity is permitted to have operations which emit excessive smoke, fumes, or dust or which exceed the requirements or levels as specified by the air quality management district (AQMD).

D.

Maintenance of open areas. All open areas shall be landscaped, surfaced, or treated and maintained permanently in a dustfree condition.

E.

Vibration. No operation or activity is permitted which will cause vibration noticeable without instruments at the perimeter of the subject property.

F.

Mechanical and electrical equipment. All such equipment, including air conditioners, antennas, pumps, transformers, heating and ventilating equipment shall be located and operated in a manner that does not disturb adjacent uses and activities.

G.

Electrical interference. No operation or activity shall transmit, generate, or otherwise cause any electrical, magnetic, or electromagnetic radiation disturbance that affects the operation of any use, equipment, or process employed by any use beyond the boundary of the site.

H.

Fire or explosive hazard. All operations or activities shall conform with the minimum requirements of the Uniform Fire Code, and with the provisions of Title 19 of the California Administrative Code.

I.

Liquid and solid wastes. There shall be no discharge at any point into any public or private sewage disposal system or stream, or into the ground, of any liquid or solid materials except in conformance with the regulations of the water district and building and safety division.

J.

Outdoor storage, trash areas and service areas. All areas for storage of maintenance equipment or vehicles, refuse storage and collection areas and service areas, shall be enclosed or effectively screened from public view by use of a wall, landscaping, berming or a combination thereof.

K.

Air quality. No operation or activity shall cause the emission of any smoke, fly ash, dust, fumes, vapors, gases or other forms of air pollution which can cause damage to health, animals, vegetation, or other forms of property, or which can cause excessive soiling on any other lot. No emission shall be permitted which exceeds the requirements of the South Coast air quality management district or the requirements of any air quality plan adopted by the city.

L.

Heat or cold. No operation or activity shall emit heat which would cause a temperature increase or decrease on any adjacent property in excess of ten (10) degrees Fahrenheit, whether the change is in the air, on the ground, or in any structure.

M.

Odors. No operation or activity shall be permitted to emit odorous gases or other odorous matters in such quantities as to be dangerous, injurious, noxious or otherwise objectionable and readily detectable without the aid of instruments at or beyond the lot line.

N.

Fissionable or radioactive materials. No operation or activities shall be permitted which result at any time in the release or emission of any fissionable or radioactive materials into the atmosphere, the ground, or sewerage systems.

(Ord. No. 11-388, § 13, 12-14-2011)

Cross reference— Noise regulations, §§ 4100—4104, 9656.2.

In all commercial districts, the gross floor area of a retail store shall not exceed sixty thousand (60,000) square feet. This limitation shall be applied as follows:

A.

The sixty thousand (60,000) square foot limitation shall apply to individual retail stores for which permits are sought and also to the cumulative sum of related or successive permits for retail stores that are part of a larger project, such as piecemeal additions to a building or multiple buildings on a lot or adjacent lots.

B.

For purposes of this section, the gross floor area of a retail store shall include gross floor area as defined in section 9120.6 and the area of all portions of the site outside of the exterior walls of buildings used for the display, storage, or sale of any goods, wares or merchandise, except that the gross floor area of a retail store shall not include exterior areas of not more than three thousand (3,000) square feet used for seasonal or temporary sales events under appropriate city permits or approvals.

C.

The gross floor area of adjacent stores shall be aggregated in cases where the stores (1) are engaged in the selling of similar or related goods, wares or merchandise and operate under common ownership or management; (2) share checkstands, a warehouse, or a distribution facility; or (3) otherwise operate as associated, integrated or co-operative business enterprises.

(Ord. No. 02-310, § 3B, 3-5-2002)

The purpose of the commercial use table is to designate the uses permitted within a building, except as otherwise noted in each of the commercial land use districts.

(Ord. No. 11-388, § 14, 12-14-2011)

The following table I indicates the described uses as a permitted use by an "•" in the district appearing at the top of the column. A letter designation in the column indicates that the described use is permitted in that district upon compliance and maintenance of the special condition referenced by the corresponding letter in section 9312.3. The special condition shall be in addition to all other requirements of this article and any other ordinance applicable to the described use.

(Ord. No. 11-388, § 14, 12-14-2011)

If a use is (1) not listed in table I, (2) not shown as a permitted use in any other zone, or (3) the planning commission has not made an interpretation that said use is similar to another use pursuant to the provisions of change 9800, said use shall be prohibited.

(Ord. No. 11-388, § 14, 12-14-2011)

The following shall be commercial use table I:

TABLE I. PERMITTED USES WITHIN THE BUILDABLE AREA OF COMMERCIAL LOTS

The following special conditions apply to the uses indicated by the corresponding letter in table I described in section 9312.2:

A.

Permitted as an incidental sales operation in conjunction with a permitted retail sales use provided the entire sales operation takes place within a completely enclosed building.

B.

Permitted as an incidental service function intended to satisfy the normal operating needs of a permitted retail use on the property. An independent servicing facility oriented toward generating its trade from the general public is not permitted in this zone.

C.

Permitted as an incidental service in conjunction with a permitted retail sales or automobile service station operation provided all adjustments and installations are conducted completely within an enclosed building. Permitted as the principal use of the premises subject to issuance of a conditional use permit.

D.

Sale, installation and serving are permitted provided the use is conducted completely within an enclosed building. The reconditioning of used merchandise for resale is permitted as an incidental use. Reconditioning of used merchandise for resale as the principal use of the premises is permitted subject to issuance of a conditional use permit.

E.

Permitted as an incidental service in an office complex. The primary entrance to such facility shall be from within a main building or from an interior court.

F.

Permitted only if specific approval is granted by the planning commission. Such approval may specify location, time period, hours, lighting, parking and related conditions of operation.

G.

Permitted as an incidental service in a hotel or motel.

H.

Permitted subject to special permit procedures under other provisions of the Municipal Code.

I.

Permit provided storage is within an enclosed building.

J.

Permitted if the entire operation, including parking and storage of vehicles used in connection with the operation, is conducted within a completely enclosed building or within a walled area on the buildable area of the lot, pursuant to the outdoor display and storage provisions of chapter 6.

K.

Permitted subject to the issuance of a conditional use permit by the planning commission.

L.

Permitted subject to the provisions of section 9662 et seq. and provided the following condition is met: no more than two (2) massage establishments are allowed within a one-thousand-foot radius of one another.

M.

Permitted subject to issuance of a conditional use permit by the zoning administrator.

N.

Reserved.

O.

Reserved.

P.

Reserved.

Q.

Such use is permitted by a conditional use permit subject to the required finding as stated in section 9673.7 being made.

R.

Permitted subject to the issuance of a temporary use permit by the zoning administrator.

S.

All government- and publicly-owned and/or operated uses within privately-owned buildings, facilities, and property will be regulated as provided for in this Code for the proposed use as if it were a permitted private use.

T.

Permitted in bars and restaurants which are licensed to serve alcoholic beverages subject to the issuance of a conditional use permit by the planning commission.

U.

A permitted use in the BP-OR only west of Palo Comado Canyon Road.

V.

Permitted subject to conditional use permit from the planning commission if the following conditions are met:

1.

No similar use is within five thousand (5,000) feet of the subject parcel, or within six hundred sixty (660) feet of the freeway right-of-way; and

2.

Only within an enclosed building; and

3.

Must be for more than five (5) vehicles.

W.

Such use is permitted by a conditional use permit subject to the required findings as stated in sections 9396.3 and 9673.2.E being made. Off-sale alcoholic beverage establishments prohibited in the FC overlay district, except as provided in section 9542.1.

X.

Reserved.

Y.

Reserved.

Z.

Reserved.

AA.

Permitted subject to issuance of a conditional use permit by the planning commission, pursuant to the provisions of chapter 3, standards for specific uses.

BB.

Permitted subject to issuance of either a minor conditional use permit or a conditional use permit as specified in division 11 "wireless telecommunications facilities" of this part, beginning at section 9661 and subject to the required findings as stated in that division.

CC.

A permitted use in the CRS-FC-OA zone west of Lewis Place, east of Cornell Road, north of Agoura Road and south of Roadside Drive.

DD.

A permitted use in the BP-M zone for parcels located south of the 101 Freeway, subject to the issuance of a conditional use permit by the planning commission.

EE.

Permitted if the following standards are met:

1.

The maximum number of occupants to be served shall not exceed twenty (20);

2.

A minimum distance of three hundred (300) feet shall be maintained from any other emergency shelter;

3.

The maximum stay at the facility shall not exceed ninety (90) days in a three hundred sixty-five-day period;

4.

Clients shall only be on site and admitted to the facility between 5:00 p.m. and 8:00 a.m.;

5.

An interior waiting and intake area shall be provided which contains a minimum of two hundred (200) square feet. If not feasible to locate internally, an exterior waiting area shall be provided which contains a minimum of ten (10) square feet per bed provided at the facility; shall be in a location not adjacent to the public right-of-way; and shall be visibly separated from public view by a minimum six-foot-tall visual screening;

6.

A minimum of one (1) employee per fifteen (15) beds, in addition to any security personnel, shall be on duty and remain on site during operational hours;

7.

Security personnel shall be provided during operational hours and when people are waiting outside;

8.

Exterior lighting shall be provided for the entire outdoor area of the site, consistent with the provisions of this article and the city lighting standards and guidelines;

9.

Parking shall be provided at a ratio of one (1) space per two hundred fifty (250) square feet of building area, consistent with parking requirements for retail commercial uses in the CRS zone;

10.

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

FF.

Permitted only on property with an existing valid nonconforming use permit for mini self-storage, and subject to issuance of a conditional use permit by the zoning administrator.

(Ord. No. 130, § 4, 7-29-87; Ord. No. 229, § 2, 5-26-93; Ord. No. 252, § 2, 6-28-95; Ord. No. 00-305, § 2, 1-10-2001; Ord. No. 09-361, § 1, 5-26-2009; Ord. No. 09-362, § 2, 7-8-2009; Ord. No. 11-383, § 19, 3-9-2011; Ord. No. 11-387, § 6, 8-24-2011; Ord. No. 11-388, § 14, 12-14-2011; Ord. No. 11-392, § 7, 1-11-2012; Ord. No. 13-399, § 5, 2-27-2013; Ord. No. 14-405, § 3, 2-26-2014; Ord. No. 14-412, § 3, 1-14-2015; Ord. No. 16-422, § 3, 4-27-2016)

The CS district is intended for planned shopping centers where the land and compatible retail stores and associated facilities are designed and developed together as an integrated unit using modern site planning techniques. The primary tenant will usually be a supermarket or larger retail tenant, and the center will serve only the convenience needs, such as food, drugs, hardware, and personal services, of the surrounding area. The centers shall exhibit a high level of architectural and site design quality, providing a positive experience for visitors and community residents, and fostering business activity. Such centers are required to fit into the residential pattern of development and not create either architectural or traffic conflicts. Development, remodel and renovation of such centers shall integrate and promote pedestrian activity with pathway connections between center business areas and parking areas, and to adjoining neighborhoods and districts, as well as incorporate pedestrian amenities like seating areas and outdoor gathering spaces to accommodate pedestrians, outdoor dining and other activities. The pathways shall be clearly articulated with enhanced paving and other design features, landscaping, and wayfinding signage.

(Ord. No. 11-388, § 15, 12-14-2011)

Editor's note— Ord. No. 11-388, § 15, adopted Dec. 14, 2011, amended § 9321 in its entirety to read as set out herein. Former § 9321 pertained to purpose and derived from Ord. No. 120, adopted Feb. 3, 1987.

The limitations as to uses and structures in the CS district shall be as follows.

Subject to the provisions of section 9301 et seq. and chapter 6, buildings and structures may be erected, structurally altered or enlarged and land may be used within this district for commercial, service, office and other uses as provided in the commercial use tables (section 9311 et seq. of this chapter). The entire business operation shall be conducted within a completely enclosed building or within the buildable area of the lot.

Any use or structure not specified in section 9322.1 shall be prohibited in the CS district.

Subject to the provisions of section 9303, 9391 et seq. and chapter 6, the following development standards shall apply in the CS district.

The minimum project size shall be five (5) acres.

All lots hereafter created shall contain the following:

A.

Minimum lot area: Twenty thousand (20,000) square feet.

B.

Minimum lot width: Two hundred (200) feet.

C.

Minimum depth: One hundred (100) feet.

The maximum building coverage shall be fifty (50) percent of the total project.

The maximum building height shall be thirty-five (35) feet.

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Twenty (20) feet from any existing or proposed right-of-way;

B.

Minimum side yard: none except:

1.

When adjacent to a residential district or when abutting any street which separates the CS district from a residential district: Twenty (20) feet;

2.

The minimum street side yard shall be treated as a front yard;

C.

Minimum rear yard: Equal to the height of the tallest buildings in the project.

A minimum of fifteen (15) percent of the total lot shall be landscaped unless otherwise specified during a discretionary review. In addition landscaping shall be provided within all required yards adjacent to public right-of-way. Said landscaping shall be provided and maintained in perpetuity subject to the following:

A.

Berming (undulating or embanked) shall be required with a minimum variation of elevation being thirty (30) inches;

B.

One (1) native oak tree, twenty-four-inch box in size per fifteen thousand (15,000) square feet of building area shall be provided within said areas or at alternative locations as approved by the city;

C.

Landscaping shall minimize the visual dominance of the parking areas, shall complement on-site pedestrian amenities and circulation, and serve to reduce pavement temperature; and

D.

No other usage or storage shall be permitted within any required landscaping.

(Ord. No. 11-388, § 16, 12-14-2011)

Unless waived by the city, all developments shall be screened according to the following:

A.

A decorative wall at a minimum height of six (6) feet shall be provided on all property lines except for those adjacent to a public right-of-way.

A.

Clearly articulated pedestrian paths through parking lots to the center businesses and residences with distinguishing design characteristics.

B.

Well-defined pedestrian pathways connecting adjoining shopping centers, and between the centers and adjacent neighborhoods and districts.

C.

Outdoor seating and gathering areas near the businesses, including expanded sidewalks or plazas, designed as an integral part of the overall architecture and site design.

D.

Bike racks or other public bike storage in convenient locations in the center, integrated within the overall architecture and site design of the center.

(Ord. No. 11-388, § 17, 12-14-2011)

Commercial uses adjoining off-site residential neighborhoods shall be designed to be compatible by incorporating the following:

A.

Landscape and decorative walls, or comparable buffering and/or screening elements, along the edges of the shopping center;

B.

Enhanced architectural treatment of elevations facing the residential uses;

C.

Low intensity lighting and screening to minimize light spillover and glare into residential neighborhoods; and

D.

Locating automobile and truck access and unloading areas so that they do not directly front residential neighborhoods, or by providing adequate screening with landscaping and/or decorative walls in areas adjacent to the residential neighborhoods.

(Ord. No. 11-388, § 17, 12-14-2011)

The purpose of the CRS district is to provide areas for a diversity of general commercial, retail and service uses. It is intended that this district provide for the needs of the residents of the city and the surrounding area. The uses shall exhibit a high level of architectural and site design quality, providing a positive experience for visitors and community residents, and fostering business activity.

(Ord. No. 11-388, § 18, 12-14-2011)

The limitations as to uses and structures in the CRS district shall be as follows:

Subject to the provisions of section 9301 et seq. and chapter 6, buildings and structures may be erected, structurally altered or enlarged and land may be used within this district for commercial, service, office and other uses as provided in the commercial use tables (section 9311 et seq. of this chapter). The entire business operation shall be conducted within a completely enclosed building or within the buildable area of the lot.

Any use or structure not specified in section 9332.1 shall be prohibited in the CRS district.

Subject to the provisions of sections 9903, 9391 et seq. and chapter 6, the following development standards shall apply in the CRS district.

All lots hereafter created shall contain the following:

A.

Minimum lot area: Ten thousand (10,000) square feet.

B.

Minimum lot width: One hundred (100) feet.

C.

Minimum depth: One hundred (100) feet.

The maximum building coverage shall be sixty (60) percent.

The maximum building height shall be thirty-five (35) feet.

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Equal to height of building or minimum of twenty (20) feet;

B.

Minimum side yard: None except when adjacent to a residential district or public street: Ten (10) feet;

C.

Minimum rear yard: Equal to the height of the building or minimum of ten (10) feet.

A minimum of ten (10) percent of the total lot shall be landscaped unless otherwise specified during a discretionary review. In addition landscaping shall be provided within all required yards adjacent to public right-of-way. Said landscaping shall be provided and maintained in perpetuity subject to the following:

A.

Berming (undulating or embanked) shall be required with a minimum variation of elevation being thirty (30) inches;

B.

One (1) native oak tree twenty-four inches in size per fifteen thousand (15,000) square feet of building shall be provided within said areas or at alternate locations as approved by the city;

C.

Landscaping shall minimize the visual dominance of the parking areas, shall complement on-site pedestrian circulation, and serve to reduce pavement temperature; and

D.

No other usage or storage shall be permitted within any required landscaping.

(Ord. No. 11-388, § 19, 12-14-2011)

Unless waived by the city, all developments shall be screened according to the following:

A.

A decorative wall at a minimum height of six (6) feet shall be provided on all property lines except for those adjacent to a public right-of-way.

Access shall be as approved by the planning commission.

Except for miniwarehouses, the amount of storage or warehousing related to the principal use shall not exceed fifty (50) percent of the gross floor area of any building. This provision shall not apply to permitted uses that involve outdoor storage that comply with the outdoor storage provisions of section 9301 et seq.

A.

Clearly articulated pedestrian paths through parking lots to the businesses.

B.

Pedestrian pathways connecting adjoining neighborhoods and districts.

(Ord. No. 11-388, § 20, 12-14-2011)

Commercial uses adjoining off-site residential neighborhoods shall be designed to be compatible by incorporating the following:

A.

Landscape and decorative walls, or comparable buffering and/or screening elements, along the edges of the shopping center;

B.

Enhanced architectural treatment of elevations facing the residential uses;

C.

Low-intensity lighting and screening to minimize light spillover and glare into residential neighborhoods; and

D.

Locating automobile and truck access and unloading areas so that they do not directly front residential neighborhoods, or by providing adequate screening with landscaping and/or decorative walls in areas adjacent to the residential neighborhoods.

(Ord. No. 11-388, § 20, 12-14-2011)

The purpose of the CS-MU district shall be to provide for planned shopping centers where the land and compatible retail stores and associated facilities, including multi-family residential units, are designed and developed together as an integrated whole using modern site planning techniques. The allowance for residential units is to encourage improvements to existing shopping centers, and to provide opportunities for an individual to participate in multiple activities on the site, thereby promoting vehicle trip reduction. The primary tenant in the shopping center will usually be a supermarket, or other large retail tenant, and the center will serve primarily the convenience needs, such as food, drugs, hardware, and personal services, of nearby residential areas. The centers shall exhibit a high level of architectural and site design quality, providing a positive experience for visitors and residents of the center and community; fostering economic vitality and businesses activity; and serving as a center of neighborhood identity and activity. Such centers are required to fit into the surrounding residential pattern of development and create neither architectural nor traffic conflicts. Development, remodel and renovation of such centers shall integrate and promote pedestrian activity with pathway connections between center business areas and parking areas, and to adjoining neighborhoods and districts, as well as incorporate pedestrian amenities like seating areas and outdoor gathering spaces to accommodate pedestrians, outdoor dining and other activities. The pathways shall be clearly articulated with enhanced paving and other design features, landscaping, and wayfinding signage. Multi-family residential units may be included in a center, providing that resident-serving amenities are incorporated into the center; the residential and nonresidential uses are compatible; and the residential and nonresidential portions of mixed-use buildings are seamlessly integrated by architectural design, pedestrian walkways, and landscape. For existing shopping centers, residential use may be allowed only if it is part of a substantial and comprehensive redevelopment, remodel or renovation of the shopping center that improves the architectural and site design in which case, the residential use shall be ancillary to the commercial uses of the center. Alternatively, multi-family residences may be allowed as part of a mixed-use commercial project pursuant to part 3 of chapter 5 of title IX (affordable housing overlay district).

(Ord. No. 22-461, § 6, 8-24-2022)

Uses and structures in the CS-MU district shall be subject to the limitations set forth in the following provisions of this section.

(Ord. No. 22-461, § 6, 8-24-2022)

Subject to the provisions of chapter 6, buildings and structures may be erected, structurally altered or enlarged, and land may be used within this district for commercial, service, office and other uses as provided in section 9312.2 commercial land use table for the commercial shopping center (CS) district in part 2 of chapter 3.

(Ord. No. 22-461, § 6, 8-24-2022)

A.

Residential uses shall be multi-family dwelling units, in accordance with section 9343.

B.

Accessory dwelling units.

(Ord. No. 22-461, § 6, 8-24-2022)

Except as provided in section 9342.2, any use or structure not specified in section 9342.1 shall be prohibited in the CS-MU district.

(Ord. No. 22-461, § 6, 8-24-2022)

A.

Residential uses shall be provided in the following manner:

1.

Part of a new mixed-use development project of commercial and residential dwelling units on a site; or

2.

An addition to an existing commercial development to remain on the same site, provided there is a substantial and comprehensive redevelopment, renovation or remodel of the existing center. For residential units to be added to existing shopping centers, the existing buildings shall be required to conduct façade and other improvements to enhance the architectural and site design, and the site shall be brought up to all standards of the CS-MU district.

B.

Resident-serving common recreational amenities shall be incorporated into the center totaling a minimum of two hundred fifty (250) square feet per dwelling unit.

C.

The residential and commercial uses shall be compatible and seamlessly integrated by architectural design, pedestrian walkways, and landscaping.

D.

Residential uses shall consist either of apartments on the upper floors of buildings containing ground floor retail or office uses, or apartments in a solely residential building, providing there are commercial uses on the same site.

E.

A conditional use permit is required for the addition of residential uses to an existing commercial development, and for a mixed-use commercial and residential development project, as provided in section 9342.2.A.

F.

Projects containing a new mixed-use commercial and residential development shall include construction of both the residential and commercial parts concurrently.

G.

Projects consisting of the addition of residential units to an existing commercial development on the same site shall include the construction of the residential part after or concurrently with the required redevelopment, renovation or remodel of the existing center pursuant to section 9343.A.2.

(Ord. No. 22-461, § 6, 8-24-2022)

Subject to the provisions of sections 9303, 9391 et seq., and chapter 6, the following development standards shall apply in the CS-MU district; provided, however, that where the provisions of section 9303, 9391 et seq. or chapter 6 conflict with the provisions of this part, the provisions of this part shall apply.

(Ord. No. 22-461, § 6, 8-24-2022)

The minimum project site shall be five (5) acres.

(Ord. No. 22-461, § 6, 8-24-2022)

All lots hereafter created shall contain the following:

A.

Minimum lot area: Twenty thousand (20,000) square feet.

B.

Minimum lot width: Two hundred (200) feet.

C.

Minimum depth: One hundred (100) feet.

(Ord. No. 22-461, § 6, 8-24-2022)

The maximum building coverage shall be fifty (50) percent of the project site.

(Ord. No. 22-461, § 6, 8-24-2022)

The maximum building height shall be thirty-five (35) feet.

(Ord. No. 22-461, § 6, 8-24-2022)

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Twenty (20) feet from any existing or proposed right-of-way;

B.

Minimum side yard: none except:

1.

When adjacent to a residential district or when abutting any street that separates the CS-MU district from a residential district: Twenty (20) feet;

2.

The minimum street side yard shall be treated as a front yard;

C.

Minimum rear yard: Equal to the height of the tallest buildings in the project.

(Ord. No. 22-461, § 6, 8-24-2022)

The provision of multi-family housing in the CS-MU district shall include the following minimum design requirements for new shopping centers, and for redevelopment, renovation and remodel of existing shopping centers:

A.

The project site shall meet at least the minimum standards of the CS-MU district;

B.

Residential and commercial uses within a mixed-use building shall be seamlessly integrated architecturally within the building, and the buildings shall be integrated with the remainder of the shopping center through architectural and site design elements;

C.

The ground floor of residential and commercial mixed-use buildings along primary street frontages and public sidewalks and plazas shall be occupied by retail, dining and other uses that engage pedestrians;

D.

The provision of on-site designated and secured residential parking separate from the on-site commercial use parking;

E.

The provision of recreational and other residential-serving amenities, including usable outdoor developed open space for the residents; and

F.

Mixed-use commercial and residential buildings shall be designed to assure compatibility among uses and public safety, which shall include at least privacy for residential entrances, separate access, fire suppression barriers, secured resident parking, and noise insulation.

(Ord. No. 22-461, § 6, 8-24-2022)

A.

The residential density in a residential and commercial mixed-use development project shall be a minimum of six (6) and a maximum of fifteen (15) dwelling units per acre.

B.

The minimum commercial density in a residential and commercial mixed-use development project shall be a maximum of thirty-three (33) percent and a minimum of twenty (20) percent of the gross building square footage of the project, including common residential recreational buildings.

(Ord. No. 22-461, § 6, 8-24-2022)

The transfer of development credits for residential units in this district is to provide flexibility in the development of residential multi-family units, and to encourage the development of cohesively planned complexes of multi-family units. A development credit is a potential entitlement to construct one (1) multi-family residential unit. The transfer of residential development credits may be authorized based on the conditions, and subject to the provisions listed as follows:

A.

Residential development credits may be transferred among donor and receiver parcels only within the CS-MU district west of Kanan Road, south of Laro Drive, and east and north of the Medea Creek channel;

B.

The development credit can only be exercised when it has been transferred pursuant to the provisions of this section from a donor to a receiver parcel and all other requirements of law are fulfilled;

C.

The city council, after recommendation by the planning commission, finds the donor parcel has development credits to be transferred, the receiver parcel has sufficient area designated in the general plan to accommodate development otherwise permitted under city regulations, and that such total development meets all of the applicable requirements of the city's general plan, and this section;

D.

The transfer of credits shall be authorized as part of a development agreement, which shall include both the donor and receiver parcels;

E.

When development credits are transferred, all such credits for a parcel shall be transferred, and they are thereafter extinguished with regard to the donor parcel;

F.

The number of development credits that may be transferred shall not exceed the number of dwelling units provided for in section 9343.7;

G.

Before approving the transfer of development credits, the city must find that the appropriate guarantees exist and will be provided to ensure that the transfer conforms to the intent and purposes of the general plan; the transfer will not result in a detrimental effect on the area surrounding the receiver parcel; and the transfer of credits will result in a superior residential development complex that would not otherwise be feasible without the transfer of credits.

(Ord. No. 22-461, § 6, 8-24-2022)

Commercial uses adjoining off-site residential neighborhoods shall be designed to be compatible by incorporating the following:

A.

Landscape and decorative walls, or comparable buffering and/or screening elements, along the edges of the shopping center;

B.

Enhanced architectural treatment of elevations facing the residential uses;

C.

Low intensity lighting and screening to minimize light spillover and glare onto residential neighborhoods; and

D.

Locating automobile and truck access and unloading areas so that they do not directly front residential neighborhoods, or by providing adequate screening with landscaping and/or decorative walls from the areas to the residential neighborhoods.

(Ord. No. 22-461, § 6, 8-24-2022)

A.

Clearly articulated pedestrian paths through parking lots to the center businesses and residences with distinguishing design characteristics.

B.

Well-defined pedestrian pathways connecting adjoining shopping centers, and between the centers and adjacent neighborhoods and districts.

C.

Outdoor seating and gathering areas near the businesses, including expanded sidewalks or plazas, designed as an integral part of the overall architecture and site design. Outdoor seating, exclusive of outdoor dining areas, shall be provided in expanded sidewalks or plazas at a rate of two (2) percent of the gross commercial square feet.

D.

Bike racks or other public bike storage in convenient locations in the center, integrated within the overall architecture and site design of the center.

(Ord. No. 22-461, § 6, 8-24-2022)

A minimum of fifteen (15) percent of the total lot shall be landscaped unless otherwise specified during a discretionary review. In addition, landscaping shall be provided within all required yards adjacent to the public right-of-way. Said landscaping shall be provided and maintained in perpetuity subject to the following:

A.

Berming (undulating or embanked) shall be required with a minimum variation of elevation being thirty (30) inches;

B.

One (1) native oak tree, twenty-four-inch box in size per fifteen thousand (15,000) square feet of building area shall be provided within said areas;

C.

Landscaping shall minimize the visual dominance of the parking areas, shall complement on-site pedestrian amenities and circulation, and serve to modulate pavement temperature; and

D.

No other usage or storage shall be permitted within any required landscaping.

(Ord. No. 22-461, § 6, 8-24-2022)

Unless waived by the city, all developments shall be screened according to the following:

A.

A decorative wall at a minimum height of six (6) feet shall be provided on all property lines except for those adjacent to a public right-of-way.

(Ord. No. 22-461, § 6, 8-24-2022)

Design standards in the CS-MU district are as set forth in section 9663 et seq.

(Ord. No. 22-461, § 6, 8-24-2022)

The purpose of the CR district is to provide an area for commercial uses normally considered to be recreation oriented that protect and complement the area's open space character, such as active or passive open space, golf courses, or other nonintensive commercial recreation use, and ancillary structures that are designed to assure the visual prominence of open space. The purpose of the CR district is to also provide for active recreational uses that demonstrate compatibility with adjacent residential areas with regard to noise, lighting, traffic, and other potential impacts.

(Ord. No. 11-388, § 23, 12-14-2011)

Uses and structures in the CR district shall be subject to the limitations set forth in the following provisions of this section.

Subject to the provisions of section 9301 et seq. and chapter 6, buildings and structures may be erected, structurally altered or enlarged and land may be used within this district for commercial, service, office and other uses as provided in the commercial use tables (section 9311 et seq. of this chapter).

Any use or structure not specified in section 9352 et seq. shall be prohibited.

(Ord. No. 11-388, § 24, 12-14-2011)

Except as follows and subject to the provisions of section 9303 and chapter 6, the development standards for the CR district shall be as established by discretionary review with consideration given to the protection of the area's open space character and compatibility with adjacent residential areas.

(Ord. No. 11-388, § 24, 12-14-2011)

The purpose of the business park district is to provide areas for businesses involved in light manufacturing, assembly, research, development, distribution, services and limited retail uses requiring large facilities located in master planned developments that offer jobs and services world-wide and which are compatible with the character of the area in which they are located and the community as a whole.

The purpose of the BP-OR district shall be to provide areas for smaller planned developments, renovations, and additions, including offices and incidental retail commercial uses, within a campus environment that are harmonious with the adjacent commercial or residential development. These developments are characterized by pedestrian walkways and outdoor activity areas, landscaped open spaces, common signage, and seamless connections and transitions with existing buildings in terms of scale, design, and materials, and are designed to promote pedestrian safety and convenience, as well as connecting to, and complementing, the quality and character of existing development.

(Ord. No. 11-388, § 25, 12-14-2011; Ord. No. 13-399, § 6, 2-27-2013)

Editor's note— Ord. No. 11-388, § 25, adopted Dec. 14, 2011, changed the title of § 9371 from "Purpose" to "BP-OR purpose". This historical notation has been preserved for reference purposes.

Uses and structures in the BP-OR district shall be subject to the limitations set forth in the following provisions of this section.

Subject to the provisions of chapter 6, buildings and structures may be erected, structurally altered or enlarged land may be used within this district for commercial, service, office and other uses as provided in the commercial use tables (section 9311 et seq. of this chapter). Retail and service uses along the periphery of parking areas are encouraged, where appropriate. The entire business operation, excluding outdoor dining areas, shall be conducted within a completely enclosed building.

(Ord. No. 11-388, § 26, 12-14-2011)

Any use or structure not specified in section 9372 et seq. shall be prohibited in the BP-OR district.

Developments, renovations, and additions in the BP-OR district shall complement existing uses, exhibit a high level of architectural and site design quality, and include enhanced pedestrian connections between business areas, parking areas, and to adjoining neighborhoods and districts. Plazas, courtyards, expanded walkways, and open spaces shall be incorporated into the developments to promote pedestrian activity.

Subject to the provisions of sections 9303 and 9391 et seq., and chapter 6, the following development standards shall also apply in the BP-OR land use district.

(Ord. No. 11-388, § 27, 12-14-2011)

The minimum project size shall be two (2) acres.

All lots hereafter created shall contain the following:

A.

Minimum lot area: Twenty thousand (20,000) square feet.

B.

Minimum lot width: Two hundred (200) feet.

C.

Minimum depth: One hundred (100) feet.

The maximum building coverage shall be forty (40) percent.

The maximum building height shall be thirty-five (35) feet.

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Twenty (20) feet or the height of the building, whichever is greater;

B.

Minimum side yard: Seventy (70) feet combined, with no less than fifteen (15) feet on any side;

C.

Minimum street side yard: Twenty (20) feet or the height of the building, whichever is greater;

D.

Minimum rear yard: Twenty (20) feet except when abutting residential, then height of building or twenty (20) feet, whichever is greater.

The amount of retail uses permitted in any complex shall be carefully considered so as to not be the dominant uses of the project. Rather, retail uses should be limited to those uses which supplement, compliment and are supportive to the rest of the uses in the complex.

A minimum of twenty (20) percent of the total lot shall be landscaped unless otherwise specified during a discretionary review. Landscaping shall contribute to the appearance and quality of the development and shall minimize the visual dominance and break the visual continuity of the surface parking areas and reduce the heat-island effect of development. In addition, landscaping shall be provided within all required yards adjacent to public rights-of-way and enhance a park-like setting along property edges and building frontages. Landscape buffers shall be provided to minimize any negative impacts to surrounding neighborhoods and development. Said landscaping shall be provided and maintained in perpetuity subject to the following:

A.

Berming (undulating or embanked) shall be required with a minimum variation of elevation being thirty (30) inches.

B.

One (1) native oak tree twenty-four (24) inches in size per fifteen thousand (15,000) square feet of building shall be provided within said areas or an alternate location as approved by the appropriate authority.

C.

No other usage or storage shall be permitted within any required landscaping.

(Ord. No. 11-388, § 28, 12-14-2011)

Unless waived by the city, all developments shall be screened according to the following:

A.

A decorative wall at a minimum height of six (6) feet shall be provided on all property lines except for those adjacent to a public right-of-way.

Readily visible site access and entrance drives shall be provided. A maximum of two (2) entrances per street shall be allowed subject to their conformance with acceptable circulation patterns and traffic control measures.

(Ord. No. 11-388, § 29, 12-14-2011)

The purpose of the BP-M district shall be to provide areas for larger scale businesses involved in light manufacturing, research and development, assembly, distribution or services requiring larger facilities in developments, renovations, and additions within a campus environment that are compatible with the adjacent commercial or residential development. These developments are characterized by pedestrian walkways and outdoor activity areas, landscaped open spaces, common signage, and seamless connections and transitions with existing buildings in terms of scale, design, and materials, and are designed to promote pedestrian safety and convenience, as well as connecting to, and complementing, the quality and character of existing development.

(Ord. No. 11-388, § 30, 12-14-2011; Ord. No. 13-399, § 7, 2-27-2013)

Editor's note— Ord. No. 11-388, § 30, adopted Dec. 14, 2011, changed the title of § 9381 from "Purpose" to "BP-M purpose". This historical notation has been preserved for reference purposes.

Uses and structures in the BP-M district shall be subject to the following limitations set forth in this section.

Subject to the provisions of chapter 6, buildings and structures may be erected, structurally altered or enlarged land may be used within this district for commercial, service, incidental related office and other uses as provided in the commercial use tables (section 9311 et seq. of this chapter). Retail and service uses along the periphery of parking areas are encouraged. The entire business operation, excluding outdoor dining areas, shall be conducted within a completely enclosed building or within a buildable area of the lot.

(Ord. No. 11-388, § 31, 12-14-2011)

Any use or structure not specified in section 9382 et seq. shall be prohibited in the BP-M district.

Developments, renovations, and additions in the BP-M district shall complement existing uses, exhibit a high level of architectural and site design quality, and include enhanced pedestrian connections between business areas, parking areas, and to adjoining neighborhoods and districts. Plazas, courtyards, expanded walkways, and open spaces shall be incorporated into the developments to promote pedestrian activity.

Subject to the provisions of sections 9303 and 9391 et seq. and chapter 6, the following development standards shall also apply in the BP-OR land use district.

(Ord. No. 11-388, § 32, 12-14-2011; Ord. No. 13-399, § 8, 2-27-2013)

All lots hereafter created shall contain a minimum of three (3) acres.

The maximum building coverage shall be thirty (30) percent.

(Ord. No. 13-399, § 9, 2-27-2013)

The maximum building height shall be thirty-five (35) feet.

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Twenty (20) feet or height of the building, whichever is greater;

B.

Minimum side yard: Seventy (70) feet combined, with no less than fifteen (15) feet on any side;

C.

Street side yard: Twenty (20) feet or height of the building, whichever is greater;

D.

Minimum rear yard: Twenty (20) feet unless abutting a residential district then height of the building, or twenty (20) feet, whichever is greater.

A minimum of twenty (20) percent of the total lot shall be landscaped unless otherwise specified during a discretionary review. Landscaping shall contribute to the appearance and quality of the development and shall minimize the visual dominance and break the visual continuity of the surface parking areas and reduce the heat-island effect of development. In addition, landscaping shall be provided within all required yards adjacent to public rights-of-way and enhance a park-like setting along property edges and building frontages. Landscape buffers shall be provided to minimize any negative impacts to surrounding neighborhoods and development. Said landscaping shall be provided and maintained in perpetuity subject to the following:

A.

Berming (undulating or embanked) shall be required with a minimum variation of elevation being thirty (30) inches.

B.

One (1) native oak tree twenty-four (24) inches in size per fifteen thousand (15,000) square feet of building shall be provided within said areas or an alternate location as approved by the appropriate authority.

C.

No other usage or storage shall be permitted within any required landscaping.

(Ord. No. 11-388, § 33, 12-14-2011)

Unless waived by the city, all developments shall be screened according to the following:

A.

A decorative wall at a minimum height of six (6) feet shall be provided on all property lines except for those adjacent to a public right-of-way.

Readily visible site access and entrance drives shall be provided. A maximum of two (2) entrances per street shall be allowed subject to their conformance with acceptable circulation patterns and traffic control measures.

(Ord. No. 11-388, § 34, 12-14-2011)

The purpose of the CN district is to provide areas for general commercial, retail and service uses that are compatible with the surrounding residential neighborhoods. It is intended that this district provide for the local needs of the residents of the city and the surrounding areas with compatible uses, in design that is compatible with adjoining residential neighborhoods, and in the provision of on-site pedestrian amenities and pedestrian circulation that is linked to adjacent land uses.

(Ord. No. 11-388, § 35, 12-14-2011)

The limitations as to uses and structures in the CN district shall be as follows.

(Ord. No. 11-388, § 35, 12-14-2011)

Subject to the provisions of section 9301 et seq. and chapter 6, buildings and structures may be erected, structurally altered or enlarged and land may be used within this district for commercial, service, office and other uses as provided in the CN zone in the commercial use tables (section 9311 et seq. of this chapter). The entire business operation shall be conducted within a completely enclosed building, or within the buildable area of the lot.

(Ord. No. 11-388, § 35, 12-14-2011)

Any use or structure not specified in section 9385.1 shall be prohibited in the CN district.

(Ord. No. 11-388, § 35, 12-14-2011)

Developments, renovations, and additions in the CN district shall be located and designed to complement adjoining neighborhoods and uses by incorporating the following:

A.

A high level of architectural and site design quality that are compatible with adjoining neighborhoods;

B.

Where substantial improvements are proposed for buildings that do not meet current city standards, improvements shall comply with contemporary city standards for building materials and colors, signage, lighting and landscape;

C.

On-site pedestrian amenities and enhanced pedestrian connections between parking areas and adjoining neighborhoods and districts;

D.

Uses which ensure minimization of exterior noise and sufficient buffers between waste disposal locations and adjoining neighborhoods;

E.

Improved public streets and sidewalks that enhance the visual character and quality of the neighborhood commercial district, considering such elements as landscape; well-designed benches, trash receptacles, and other street furniture; decorative sidewalk and crosswalk paving; and pedestrian-oriented lighting; wayfinding signage.

Subject to the provisions of sections 9303, 9391 et seq. and chapter 6, the following development standards shall also apply in the CN district.

(Ord. No. 11-388, § 35, 12-14-2011)

The minimum project size shall be 0.35 acres.

(Ord. No. 11-388, § 35, 12-14-2011)

All lots hereafter created shall contain the following:

A.

Minimum lot area: Ten thousand (10,000) square feet.

B.

Minimum lot width: One hundred (100) feet.

C.

Minimum lot depth: One hundred (100) feet.

(Ord. No. 11-388, § 35, 12-14-2011)

The maximum building coverage shall be sixty (60) percent.

(Ord. No. 11-388, § 35, 12-14-2011)

The maximum building height shall be thirty-five (35) feet.

(Ord. No. 11-388, § 35, 12-14-2011)

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Equal to the height of the building or minimum of twenty (20) feet;

B.

Minimum side yard: None, except when adjacent to a residential district or public street: Ten (10) feet;

C.

Minimum rear yard: Equal to the height of the building or minimum of ten (10) feet.

(Ord. No. 11-388, § 35, 12-14-2011)

A minimum of ten (10) percent of the total lot shall be landscaped unless otherwise specified during a discretionary review. Landscaping shall minimize the visual dominance of the parking areas and reduce the heat-island effect of development and provide for on-site pedestrian amenities and pedestrian circulation that is linked to adjoining areas. In addition, landscaping shall be provided within all required yards adjacent to public rights-of-way and shall be used to sufficiently screen the property from adjoining districts. Said landscaping shall be provided and maintained in perpetuity subject to the following:

A.

Berming (undulating or embanked) shall be required with a minimum variation of elevation being thirty (30) inches;

B.

One (1) native oak tree, twenty-four (24) inches in size, per fifteen thousand (15,000) square feet of building shall be provided within said areas or at alternate locations approved by the city;

C.

Landscaping shall minimize the visual dominance of the parking areas, shall complement on-site pedestrian amenities and circulation, and serve to modulate pavement temperatures; and

D.

No other usage or storage shall be permitted within any required landscaping.

(Ord. No. 11-388, § 35, 12-14-2011)

A.

Clearly articulated pedestrian paths through parking lots to the center businesses and residences with distinguishing design characteristics.

B.

Well-defined pedestrian pathways connecting adjoining shopping centers, and between the centers and adjacent neighborhoods and districts.

C.

Outdoor seating and gathering areas near the businesses, including expanded sidewalks or plazas, designed as an integral part of the overall architecture and site design.

D.

Bike racks or other public bike storage in convenient locations in the center, integrated within the overall architecture and site design of the center.

(Ord. No. 11-388, § 35, 12-14-2011)

Commercial uses adjoining off-site residential neighborhoods shall be designed to be compatible by incorporating the following:

A.

Landscape and decorative walls, or comparable buffering and/or screening elements, along the edges of the shopping center;

B.

Enhanced architectural treatment of elevations facing the residential uses;

C.

Low intensity lighting and screening to minimize light spillover and glare into residential neighborhoods; and

D.

Locating automobile and truck access and unloading areas so that they do not directly front residential neighborhoods, or by providing adequate screening with landscaping and/or decorative walls in areas adjacent to the residential neighborhoods."

(Ord. No. 11-388, § 35, 12-14-2011)

Unless waived by the city, all developments shall be screened by a decorative wall at a minimum height of six (6) feet on all property lines except for those adjacent to a public right-of-way.

(Ord. No. 11-388, § 35, 12-14-2011)

The purpose of the planned office and manufacturing district (POM) is to provide for a mix of uses consisting primarily of office, light manufacturing, and restaurant, and to a lesser extent, certain retail uses, in which the various uses are compatible and integrated, creating a distinct district identity. Access among parcels shall be integrated via pedestrian pathways and street and driveway networks, and development shall interface with adjacent properties in terms of site amenities, access and circulation to create cohesiveness among properties.

(Ord. No. 14-409, § 8, 8-13-2014)

Uses and structures in the POM district shall be subject to the limitations set forth in the following provisions of this section.

(Ord. No. 14-409, § 8, 8-13-2014)

Subject to the provisions of section 9301 et seq. and chapter 6, buildings and structures may be erected, structurally altered or enlarged, and may be used within this district for offices, light manufacturing facilities, and retail and restaurant establishments as provided in the commercial use table I (section 9311 et seq. of this chapter). The entire business operation, excluding outdoor dining areas, shall be conducted within a completely enclosed building or within the buildable area of the lot.

(Ord. No. 14-409, § 8, 8-13-2014)

Any use or structure not specified in section 9388.1 shall be prohibited in the POM district.

(Ord. No. 14-409, § 8, 8-13-2014)

Developments, renovations, and additions in the POM district shall exhibit a high level of architectural and site design quality; provide for enhanced pedestrian and vehicle access within the site and among adjacent parcels to promote district-wide cohesiveness and ease of circulation; provide for pedestrian connections between this and adjoining land use districts; and incorporate such features as plazas, courtyards, and expanded sidewalks to encourage pedestrian activity.

Subject to the provisions of sections 9301 through 9306, section 9391, and chapter 6, the following development standards shall also apply in the POM land use district.

(Ord. No. 14-409, § 8, 8-13-2014)

All lots hereafter created shall contain the following:

A.

Minimum lot area of twenty thousand (20,000) square feet.

B.

Minimum lot width of one hundred (100) feet.

C.

Minimum lot depth of one hundred twenty-five (125) feet.

(Ord. No. 14-409, § 8, 8-13-2014)

The maximum building coverage shall be sixty (60) percent.

(Ord. No. 14-409, § 8, 8-13-2014)

The maximum building height shall be thirty-five (35) feet.

(Ord. No. 14-409, § 8, 8-13-2014)

The minimum yard requirements shall be as follows:

A.

Minimum front yard: Twenty (20) feet.

B.

Minimum side yard: Ten (10) feet.

C.

Minimum rear yard: Twenty (20) feet.

(Ord. No. 14-409, § 8, 8-13-2014)

Walls and fences shall be subject to the provisions of section 9606.2.

(Ord. No. 14-409, § 8, 8-13-2014)

Landscaping shall be provided consistent with the provisions of section 9658 et seq. A minimum of fifteen (15) percent of the total lot shall be landscaped unless otherwise specified during a discretionary review. In addition, landscaping shall be provided within all required yards adjacent to the public right-of-way. Said landscaping shall be provided and maintained in perpetuity subject to the following:

A.

One (1) native oak tree, twenty-four-inch box in size, per fifteen thousand (15,000) square feet of building area shall be provided on site or at alternative locations as approved by the city;

B.

Landscaping shall minimize the visual dominance and break the visual continuity of the surface parking areas, shall complement on-site pedestrian circulation and amenities, and serve to modulate pavement temperature; and

C.

No other use or storage shall be permitted within any required landscaping.

(Ord. No. 14-409, § 8, 8-13-2014)

Development in the POM district shall include all of the following:

A.

Development exhibiting a high level of urban design, particularly of outdoor spaces near buildings, vehicle parking areas, and site entrances.

B.

Outdoor seating and gathering areas near the buildings, including expanded sidewalks, patios or plazas, designed as an integral part of the overall architecture, landscape and site design.

C.

Bike racks or other public bike storage in convenient locations on the site, integrated within the overall architecture and site design.

(Ord. No. 14-409, § 8, 8-13-2014)

Readily visible site access and entrance drives shall be provided. The primary entry drive shall be designed with decorative paving, landscaping and architectural features. Easily identifiable pedestrian access shall be provided from the street and/or sidewalk to key areas within the site.

(Ord. No. 14-409, § 8, 8-13-2014)

To promote connectivity, defined pedestrian pathways linking parking and other outdoor areas to buildings onsite, and pathways linking to adjoining parcels within the district, and adjacent neighborhoods and districts, shall be provided.

(Ord. No. 14-409, § 8, 8-13-2014)

In addition to the parking provisions in section 9654 et seq., the following shall apply:

A.

Shared parking between adjacent developments is encouraged, and any reduction in parking spaces from the requirements in section 9654 is subject to a shared parking study prepared by a parking professional according to city standards and accepted by the city. Shared parking shall not apply to residential parking.

B.

Long rows in parking areas shall be broken up with landscaping islands, other landscaping and pedestrian amenities, and buildings where feasible.

C.

Convenient, clearly distinguished pedestrian pathways connecting parking lots or other parking facilities with on-site buildings are required. The pathways shall provide a safe separation of pedestrians from cars and parking, and shall include amenities such as decorative pavement treatments, landscaping, covered or partially covered walkways, benches, and other design elements.

D.

Parking lot landscaping shall be provided as set forth in section 9654.5.

(Ord. No. 14-409, § 8, 8-13-2014)

Continuity among properties within the district shall be provided, with driveways, pedestrian pathways, and site entrances connected. In particular, development on a property shall be sited to complement that on adjacent properties regarding the placement of structures on a lot, building entrances, loading/unloading areas and site amenities.

(Ord. No. 14-409, § 8, 8-13-2014)

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

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

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

A.

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

B.

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

C.

Enclosure requirements:

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

a.

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

b.

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

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

D.

Landscaping requirements:

1.

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

2.

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

3.

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

4.

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

5.

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

E.

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

F.

Display provisions.

1.

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

2.

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

3.

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

G.

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

H.

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

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

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

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

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

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

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

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

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

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

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

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

A.

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

Rear year: Five (5) feet;

Side yard: Five (5) feet;

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

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

B.

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

C.

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

D.

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

E.

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

F.

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

Cross reference— Satellite dish standards, § 9288.3.

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

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

A.

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

B.

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

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

A.

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

B.

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

C.

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

D.

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

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

(Ord. No. 94-245, § 1, 3-9-94)

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

9.

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

10.

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

11.

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

12.

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

13.

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

14.

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

15.

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

16.

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

17.

Outdoor speakers are prohibited.

18.

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

19.

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

20.

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

21.

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

22.

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

23.

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

24.

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

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

A.

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

1.

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

a.

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

1)

Written approval from the property management;

2)

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

3)

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

4)

A detail of any proposed barrier or enclosure; and

5)

Furniture specifications.

2.

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

a.

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

b.

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

c.

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

1)

Written approval from the property owner;

2)

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

3)

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

4)

A detail of the required barrier or enclosure;

5)

Furniture specifications; and

6)

A parking analysis.

B.

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

C.

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

D.

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

E.

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

F.

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

G.

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

H.

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

(Ord. No. 23-470, § 4, 6-28-2023)

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

A.

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

B.

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

C.

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

D.

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

(Ord. No. 23-470, § 4, 6-28-2023)

The purpose of the following standards is to establish minimum criteria for all outdoor recreational uses located in the city to ensure that the completed project will be in harmony with existing or potential uses in the surrounding area and consistent with the goals, objectives, and policies of the general plan.

A.

All exterior lighting associated with outdoor recreational uses shall be down lit, shielded and directed away from surrounding properties and public rights-of-way. No light source shall exceed the height of sixteen (16) feet from finished grade. Such lighting shall not blink, flash, oscillate or be of high intensity in brightness. The use of multiple colored lights and overhead rooftop lights is prohibited. Every use shall be operated such that there is no direct light and glare visible beyond the boundaries of the properties. A lighting plan which includes a photometric study shall be required as part of the conditional use permit and must be considered by the planning commission at the same time as the conditional use permit.

B.

All outdoor recreational uses shall be operated such that no loud speakers, bells, gongs, buzzers, or other noise attention or attracting devices can be heard beyond the boundaries of the property.

C.

All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties. When the outdoor use abuts commercial or industrial properties, all outdoor equipment and activities shall not create any noise that would exceed an exterior noise level of sixty (60) DBA during the hours of 10:00 p.m. to 7:00 a.m. and sixty-five (65) DBA during the hours of 7:00 a.m. to 10:00 p.m. When the outdoor use abuts residential properties, all outdoor equipment and activities shall not create any noise that would exceed an exterior noise level of fifty (50) DBA during the hours of 10:00 p.m. to 7:00 a.m. and fifty-five (55) DBA during the hours of 7:00 a.m. to 10:00 p.m.

D.

A minimum twenty-five (25) foot landscaped buffer shall be provided adjacent to all public rights-of-way and residential properties. Berming shall be provided within this landscape buffer adjacent to public rights-of-way. No outdoor recreational activities or parking shall be allowed in this setback. The planning commission may increase the setback based upon the final design of the project.

E.

The design of the facility, including site layout, rides and their structures, building orientation and incidental structures, shall be directed inward with minimal visibility to public rights-of-way and surrounding properties. The building's colors and materials shall harmonize with the surrounding properties and shall not include the use of bright colors. All elevations shall be treated equally with architectural detail.

F.

Mechanical equipment shall be enclosed and shall be located no less than five (5) feet from any property line and shall be insulated to prevent noise disturbance on adjacent properties.

G.

A signage plan in accordance with the city sign ordinance shall be required as part of the conditional use permit and must be considered by the planning commission at the same time as the conditional use permit.

H.

A parking study prepared by a registered traffic engineer approved by the city shall be provided by the applicant for any use not listed in the Zoning Ordinance.

I.

Incidental outdoor recreational uses shall be compatible with miniature golf, individually and collectively. Incidental outdoor recreational uses shall be confined to an area or areas not exceeding a combined area of twenty (20) percent of the total outdoor area of the site. Examples of incidental outdoor recreational uses include but are not limited to batting cages, miniature cars, bumper cars and boats (so long as they are not internal combustion engine powered); and amusement rides. Incidental outdoor recreational uses shall also include related infrastructure, such as walkways, bridges, landscaping, hardscaping and waterscaping. For purposes of this subsection, the total outdoor area: (i) shall not include areas occupied by buildings with permanent walls and roofs; (ii) shall not include setback areas, parking areas, or driveway areas; and (iii) shall include all other outdoor areas whether or not used for recreational activities.

J.

Incidental outdoor recreational uses shall be located away from the perimeter of the site. The miniature golf use shall be located along the entire street perimeter of the site in order to screen and buffer any incidental outdoor recreational uses, and related buildings and structures.

K.

In order for an activity to be considered indoor it must be conducted entirely within a building with permanent walls and roof.

L.

Primary batting cage facilities may include certain incidental uses such as pitching or practice cages, a practice and instructional recreational field, an office, an eating and nonalcoholic drinking establishment. Primary batting cage facilities shall be screened from view from the freeway by landscaping, decorative fences or walls, and/or placement of structures on the site.

M.

Primary batting cage facilities that existed prior to the adoption of this provision shall provide a minimum five (5) foot landscape buffer adjacent to all public right-of-way.

(Ord. No. 229, § 3, 5-26-93; Ord. No. 98-271, § 2, 4-22-98; Ord. No. 00-305, § 3, 1-10-2001)

In order to protect adjacent neighborhoods from the harmful effects attributable to the sale of alcoholic beverages, to ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community, and to minimize the adverse impacts of incompatible uses, the planning commission shall approve an application for a conditional use permit for an alcoholic beverage sales establishment.

(Ord. No. 09-362, § 3, 7-8-09)

Off-site and on-site alcoholic beverage establishments shall be subject to the issuance of a conditional use permit pursuant to sections 9396.3 and 9673.

(Ord. No. 09-362, § 3, 7-8-09)

In addition to the findings required by section 9673.2.E, the planning commission shall make the following findings, based on information submitted by the applicant and/or presented at the public hearing, before granting a conditional use permit:

A.

The requested use at the proposed location will not adversely affect the use of a school, park, playground or similar use within a 500-foot radius;

B.

The requested use at the proposed location is sufficiently buffered by topographic conditions or public or private improvements from residentially zoned areas within the immediate vicinity so as not to adversely affect said areas;

C.

The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction within the immediate neighborhood so as to cause blight or property deterioration, or to substantially diminish or impair property values within the neighborhood;

D.

The upkeep and operating characteristics are compatible with and will not adversely affect the livability or appropriate development and use of abutting properties and the surrounding neighborhood;

E.

The sale of alcoholic beverages may be restricted to certain hours of each day of the week as necessary to ensure that activities related to the project are compatible with the quiet enjoyment of the neighborhood;

F.

If an off-sale alcoholic beverage establishment, the requested use is not located in the freeway overlay land use district, unless it is a supermarket/food store larger than ten thousand (10,000) square feet of floor area;

G.

The requested use will not contribute to an undue concentration of alcoholic beverage establishments in the area;

H.

The requested use is not located in what has been determined to be a high-crime area, or where a disproportionate number of police calls occur;

I.

If the sale of alcohol is proposed at an establishment that also offers live entertainment, said conditional use permit request shall be reviewed in conjunction with the conditional use permit for live entertainment.

(Ord. No. 09-362, § 3, 7-8-09)

The purpose of the following standards for commercial outdoor display and operational standards shall be to provide the display of merchandise required by residents of the city and its surrounding market area. For the purpose of these standards, commercial outdoor display shall be permitted where retail goods are sold. A weekend shall be defined as the first consecutive Friday, Saturday and Sunday.

(Ord. No. 96-260, § 1, 3-20-96)

No property in the commercial or business park land use districts which allows for retail sales, as defined in section 9397, shall be used for commercial outdoor display unless such display complies with the following standards:

A.

Outdoor display of merchandise shall be allowed on the first weekend of every month. Outdoor display shall be allowed on the first two (2) weekends in December. A temporary use permit for other holidays and special events may be considered by the city.

B.

All outdoor display must maintain clearance requirements that meet handicapped accessibility standards. An obstruction-free, clear sidewalk area for pedestrian passing through the outdoor display shall be required. Outdoor display shall not be permitted in areas where less than a four-foot obstruction-free pedestrian area exists between the outdoor display and the edge of a curb or sidewalk. Outdoor display shall not be permitted in areas where less than a five-foot obstruction-free pedestrian area exists between the display entry door.

C.

Outdoor display shall be limited to the area directly in front of the tenant space and the items for sale must be the same as those sold inside the store or must be items that would typically be sold at the business.

D.

Outdoor display cannot exceed a height of five (5) feet. Any display over five (5) feet requires approval from the director of planning and community development.

E.

For those businesses which do not offer products for sale, additional window signage is allowed, subject to approval by the director of planning and community development. The only signage permitted outside is appropriate signage that is in keeping with the intent of this article, as determined by the director of planning and community development, which is placed on the display.

F.

The use of mechanically reproduced sound, amplified sound, or live music shall not be permitted as part of the outdoor display.

(Ord. No. 96-260, § 1, 3-20-96)