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

A.

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

B.

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

C.

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

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

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

A.

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

B.

Retail and service stores and businesses.

C.

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

(Ord. No. 318, § 2, 3-14-05)

The following uses are prohibited in the CR zone:

A.

Theater, auditorium or picture arcade.

B.

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

C.

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

D.

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

E.

Any other use not permitted or conditionally permitted.

(Ord. No. 318, § 2, 3-14-05)

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

(Ord. No. 318, § 2, 3-14-05)

A.

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

B.

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

C.

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

D.

Yards: Buildings or structures shall maintain the following yards:

1.

The minimum front yard shall be 25 feet.

2.

The minimum side yard shall be 25 feet.

3.

The minimum rear yard shall be 25 feet.

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

E.

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

F.

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

G.

Parking and Loading:

1.

Required Parking:

a.

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

b.

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

c.

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

2.

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

3.

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

4.

Minimum Loading Space Requirements:

a.

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

(1)

Retail Uses:

(2)

Office Uses:

(3)

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

b.

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

5.

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

a.

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

b.

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

c.

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

6.

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

7.

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

8.

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

9.

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

a.

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

b.

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

c.

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

d.

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

10.

Underground Parking: Underground parking shall be permitted.

H.

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

I.

Signs:

1.

Freestanding:

a.

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

b.

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

2.

Building-Mounted:

a.

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

b.

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

c.

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

3.

Real Estate Sandwich Board Sign:

a.

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

b.

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

c.

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

d.

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

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

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

A.

Architectural Style:

1.

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

2.

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

3.

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

4.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

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

C.

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

1.

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

2.

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

3.

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

4.

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

5.

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

D.

Procedure:

1.

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

2.

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

3.

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

4.

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

E.

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

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

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

(Ord. No. 318, § 2, 3-14-05)

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

A.

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

B.

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

1.

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

2.

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

3.

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

4.

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

5.

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

6.

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

7.

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

8.

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

(Ord. No. 344, § 9, 6-24-13)

A.

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

B.

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

C.

Definitions:

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

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

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

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

D.

Permitted Uses:

1.

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

2.

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

a.

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

b.

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

3.

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

E.

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

1.

Have a minimum density of 20 units per acre.

2.

Have a minimum of 16 units.

3.

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

4.

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

5.

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

F.

Affordability:

1.

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

2.

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

(Ord. No. 344, § 10, 6-24-13)

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

(Ord. No. 349, § 1, 6-23-14)