2003-06-05 / Community

CITY OF AGOURA HILLS

CITY OF AGOURA HILLS

ORDINANCE NO. 03-320

AN ORDINANCE OF THE CITY COUNCIL OF THE

AMENDING CHAPTERS 1, 2 AND 8 OF ARTICLE IX (ZONING ORDINANCE) OF THE

AGOURA HILLS MUNICIPAL CODE

REGARDING SECOND DWELLING UNITS

(CASE NO. 03-ZOA-001)

THE CITY COUNCIL OF THE CITY OF AGOURA HILLS ORDAINS AS FOLLOWS:

SECTION 1.: Section 9120.7.F. of Part 3 (Definitions) of Chapter 1 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is deleted as follows:

"(F). Granny flat. "Granny flat" means a detached or attached dwelling unit, with a maximum unit size of six hundred forty (640) square feet, intended for the sole occupancy of a maximum of two (2) adult persons who are sixty (60) years of age or older"

SECTION 2.: Section 9212.2. of Part 2 (RR Residential-Rural District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9212.2. Conditional uses.

Subject to obtaining a conditional use permit, as required by section 9652 et seq., the following uses may be permitted:

A. One (1) single-family dwelling per lot, or a mobilehome used as a caretaker’s residence;

B. Light agricultural uses subject to the provisions of section 9214.1;

C. Lighted tennis courts;

D. One (1) caretaker dwelling per lot, when developed as an accessory use to the primary residence, on not less than ten (10) acres with a maximum building size of one thousand two hundred (1,200) square feet with not more than one thousand (1,000) square feet used for living area. Said dwelling shall be in accordance with section 9120.3.C, and shall not be rented or otherwise used as a separate dwelling unit. A deed restriction in a form approved by the city shall be executed and recorded prior to the issuance of a building permit which states that the unit shall not be rented or otherwise used as a separate dwelling unit. Said caretaker dwelling shall not utilize a private septic system. Additional detached guest dwellings and servant quarters shall not be permitted;

Ordinance No. 03-320

E.

D.Manufactured homes (mobile homes) on permanent foundation, as a single-family dwelling, subject to the provision of section 9675.

F.

E.Transitional housing."

SECTION 3.: Section 9212.3. of Part 2 (Residential-Rural District) Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9212.3. Accessory uses.

Once a conditional use permit is granted pursuant to section 9652 et. seq., the following accessory uses and structures shall be permitted subject to the provisions of section 9281 et seq. and chapter 6:

A. Accessory buildings, uses and structures;

B. Domestic animals;

C.One (1) guest dwelling per lot;

D.

C.Home occupations;

E.Servant quarters;

F.

D.Garage sales not to exceed two (2) in any calendar year.

Subject to the provisions of section 9281 et seq. and chapter 6, the following accessory uses and structures shall be permitted without a conditional use permit:

A. One (1) habitable accessory building for a guest dwelling, or servant quarter or second dwelling unit per lot, subject to the provisions of section 9283 et seq."

B. One (1) caretaker dwelling per lot, when developed as an accessory use to the primary residence, on not less than ten (10) acres with a maximum building size of one thousand two hundred (1,200) square feet with not more than one thousand (1,000) square feet used for living area. Said dwelling shall be in accordance with section 9120.3.C, and shall not be rented or otherwise used as a separate dwelling unit. A deed restriction in a form approved by the city shall be executed and recorded prior to the issuance of a building permit which states that the unit shall not be rented or otherwise used as a separate dwelling unit. An additional guest dwelling, second dwelling unit or servant quarters shall not be permitted;"

Ordinance No. 03-320

SECTION 4.: Section 9222.2. of Part 3 (RV Residential-Very Low Density District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9222.2. Accessory uses.

Subject to the provisions of section 9281 et seq. and chapter 6, the following accessory uses and structures shall be permitted:

A. Accessory buildings, uses and structures;

B. Domestic animals;

C. One (1) guest dwelling per lot, subject to the provisions of section 9283 et seq. An additional servant quarters, second dwelling unit or caretaker dwelling shall not be permitted;

D. Home occupations;

E. Servant quarters, subject to the provisions of section 9283 et seq. An additional guest dwelling, second dwelling unit or caretaker dwelling shall not be permitted.

F. Garage sales, not to exceed two (2) in any calendar year;

G. Private greenhouses, horticultural collections, flowers and vegetable gardens;

H. One (1) second dwelling unit, subject to the provisions of section 9283 et seq. An additional guest dwelling, servant quarters or caretaker dwelling shall not be permitted;

I. One (1) caretaker dwelling per lot, when developed as an accessory use to the primary residence, on not less than ten (10) acres with a maximum building size of one thousand two hundred (1,200) square feet with not more than one thousand (1,000) square feet used for living area. Said dwelling shall be in accordance with section 9120.3.C, and shall not be rented or otherwise used as a separate dwelling unit. A deed restriction in a form approved by the city shall be executed and recorded prior to the issuance of a building permit which states that the unit shall not be rented or otherwise used as a separate dwelling unit. An additional guest dwelling, second dwelling unit or servant quarters shall not be permitted."

Ordinance No. 03-320

SECTION 5.: Section 9222.4. of Part 3 (RV Residential-Very Low Density District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9222.4. Conditional uses.

The following uses may be permitted subject to the granting of a conditional use permit;

A. Arboretum and horticultural gardens;

B. Campgrounds, picnic areas, trails with overnight camping;

C. Churches, temples or other places used exclusively for religious worship, including customary incidental education and social activities;

D. Convents and monasteries;

E.Reserved;

F. Day nurseries, children;

G. Development of property with an average slope of ten (10) percent or greater subject to the provisions of section 9652 et seq.

H. Grange halls;

I. Guest ranches;

J.Health retreats;

K.Homes for aged persons, small group care;

L. Home for children, special boarding;

M. Institutions for aged persons, private;

N. Institutions for children, private;

O. Lighted tennis courts;

Ordinance No. 03-320

P. One (1) caretaker dwelling per lot, when developed as an accessory use to the primary residence, on not less than ten (10) acres with a maximum building size of one thousand two hundred (1,200) square feet with not more than one thousand (1,000) square feet used for living area. Said dwelling shall be in accordance with section 9120.3.C, and shall not be rented or otherwise used as a separate dwelling unit. A deed restriction in a form approved by the city shall be executed and recorded prior to the issuance of a building permit which states that the unit shall not be rented or otherwise used as a separate dwelling unit. Said caretaker dwelling shall not utilize a private septic system. Additional detached guest dwellings and servant quarters shall not be permitted;

Q

. P. Manufactured homes (mobile homes) on a permanent foundation, as a single-family dwelling, subject to the provision of section 9675;

R.

Q. Transitional housing."

SECTION 6.: Section 9232.2. of Part 4 (RL Residential-Low Density District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9232.2. Accessory uses.

Subject to the provisions of section 9281 et seq. and chapter 6, the following accessory uses and structures shall be permitted:

A. Accessory buildings, uses and structures;

B. Domestic animals;

C. One (1) habitable accessory building for a guest dwelling, or servant quarter or second dwelling unit per lot, on not less than one (1) acre in size with a maximum building size of 750 square feet subject to the provisions of section 9283 et seq.;

D. Home occupations;

E. Livestock and poultry raising for private, noncommercial use and private kennels and stables; subject to the limitations of section 9234.1;

F. One (1) room rental in the principal structure;

G. Garage sales, not to exceed two (2) in any calendar year;

H. Private greenhouses, horticultural collections, flowers and vegetable gardens."

Ordinance No. 03-320

SECTION 7.: Section 9232.4. of Part 4 (RL Residential Low Density District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9232.4. Conditional uses.

The following uses may be permitted subject to the granting of a conditional use permit;

A. Churches, temples or other places used exclusively for religious worship, including customary incidental education and social activities;

B. Convents and monasteries;

C. Reserved;

D. Day nurseries, children;

E. Development of property with an average slope of ten (10) percent or greater subject to the provisions of section 9652 et seq.

F. Granny flat, subject to being connected to the sewer.;

G.

F. Homes for aged persons, small group care;

H.

G. Home for children, special boarding;

I.

H. Neighborhood recreation facilities where operated by a nonprofit corporation for the use of the surrounding residents;

J.

I. Schools, private, accredited through grade 12, including appurtenant facilities;

K.

J. Lighted tennis courts;

L.

K. Manufactured homes (mobile homes) on a permanent foundation, as a single-family dwelling, subject to the provision of section 9675;

M.

L. Transitional housing."

SECTION 8.: Section 9242.2. of Part 5 (RS Residential-Single-Family District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

Ordinance No. 03-320

"9242.2. Accessory uses.

Subject to the provisions of section 9281 et seq. and chapter 6, the following accessory uses and structures shall be permitted:

A. Accessory buildings, uses and structures;

B. Domestic animals;

C. Home occupations;

D. Livestock and poultry raising for private, noncommercial use and private kennels and stables; subject to the limitations of section 9234.1;

E. Private greenhouses, horticultural collections, flower and vegetable gardens;

F. One (1) room rental in the principal structure;

G. Garage sales, not to exceed two (2) in any calendar year;

H. One (1) second dwelling unit, subject to the provisions of section 9283 et seq."

SECTION 9.: Section 9242.4. of Part 5 (RS Residential-Single-Family District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9242.4. Conditional uses.

The following uses may be permitted subject to the granting of a conditional use permit;

A. Granny flats subject to the limitations of section 9281 et seq. and chapter 6;

B

. A. Churches, temples or other places used exclusively for religious worship, including customary incidental education and social activities;

C.

B.Convents and monasteries;

D.

C. Reserved;

E.

D. Day nurseries, children;

Ordinance No. 03-320

F.

E. Development of property with an average slope of ten (10) percent or greater subject to the provisions of section 9652 et seq.;

G.

F. Golf courses, including the customary clubhouse and appurtenant facilities;

H.

G. Homes for aged persons, small group care;

I.

H. Home for children, special boarding;

J.

I. Manufactured homes (mobile homes) on a permanent foundation, as a single-family dwelling, subject to the provision of section 9675;

K.

J. Neighborhood recreation facilities where operated by a nonprofit corporation for the use of the surrounding residents;

L

.K. Schools, private, accredited through grade 12, including appurtenant facilities;

M. Second dwelling units subject to the provisions of section 9281 et seq. and chapter 6;

N.

L.. Lighted tennis courts;

O.

M. Transitional housing."

SECTION 10.: Section 9252.2. of Part 6 (RM Residential-Medium Density District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9252.2. Accessory uses.

Subject to the provisions of section 9281 et seq. and chapter 6, the following accessory uses and structures shall be permitted:

A. Accessory buildings, uses and structures;

B. Domestic animals;

C. Home occupations;

D. Private greenhouses, horticultural collections, flower and vegetable;

E. One (1) room rental in the principal structure;

Ordinance No. 03-320

F. Garage sales, not to exceed two (2) in any calendar year;

G. One (1) second dwelling unit, subject to the provisions of Section 9283 et seq.."

SECTION 11.: Section 9252.4. of Part 6 (RM-Medium Density District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9252.4. Conditional uses.

The following uses may be permitted subject to the granting of a conditional use permit;

A. Granny flats subject to the limitations of section 9281 et seq. and chapter 6;

B

. A. Apartment houses provided that the density shall not exceed the designation shown on the zoning map;

C.

B. Churches, temples or other places used exclusively for religious worship, including customary incidental education and social activities;

D.

C. Convents and monasteries;

E.

D. Reserved;

F.

E. Day nurseries, children;

G.

F. Development of property with an average slope of ten (10) percent or greater subject to the provisions of section 9652 et seq.;

H.

G. Golf courses, including the customary clubhouse and appurtenant facilities;

I.

H. Homes for aged persons, small group care;

J.

I. Homes for children, special boarding;

K.

J. Manufactured homes (mobile homes) on a permanent foundation, as a single-family dwelling, subject to the provision of section 9675;

L.

K. Neighborhood recreation facilities where operated by a nonprofit corporation for the use of the surrounding residents;

M

. L. Schools, private, accredited through grade 12, including appurtenant facilities.

Ordinance No. 03-320

N. Second dwelling units subject to the provisions of section 9281 et. seq. and chapter 6;

O.

M. Lighted tennis courts;

P.

N. Transitional housing."

SECTION 12.: Section 9262.2. of Part 7 (RMH Residential-Medium High Denisty District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9262.2. Accessory uses.

Subject to the provisions of section 9281 et seq. and chapter 6, the following accessory uses and structures shall be permitted:

A. Accessory buildings, uses and structures;

B. Domestic animals;

C. Home occupations;

D. Private greenhouses, horticultural collections, flower and vegetable gardens;

E. One (1) room rental in the principal structure;

F. Garage sales, not to exceed two (2) in any calendar year;

G. One (1) second dwelling unit, subject to the provisions of 9283 et seq."

SECTION 13.: Section 9262.4. of Part 7 (RMH Residential-Medium High Density District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9262.4. Conditional uses.

The following uses may be permitted subject to the granting of a conditional use permit;

A. Granny flats subject to the limitations of section 9281 et seq. and chapter 6;

B

. A. Transitional housing;

Ordinance No. 03-320

C.

B. Churches, temples or other places used exclusively for religious worship, including customary incidental education and social activities;

D.

C. Convents and monasteries;

E.

D. Reserved;

F.

E. Day nurseries, children;

G.

F. Development of property with an average slope of ten (10) percent or greater subject to the provisions of section 9652 et seq.;

H.

G. Golf courses, including the customary clubhouse and appurtenant facilities;

I.

H. Homes for aged persons, small group care;

J.

I. Homes for children, special boarding;

K.

J. Manufactured homes (mobile homes) on a permanent foundation, as a single-family dwelling, subject to the provision of section 9675;

L.

K. Neighborhood recreation facilities where operated by a nonprofit corporation for the use of the surrounding residents;

M

. L. Schools, private, accredited through grade 12, including appurtenant facilities.

N. Second dwelling units subject to the provisions of section 9281 et. seq. and chapter 6;

O.

M. Lighted tennis courts;."

SECTION 14.: Section 9272.2. Part 8 (RH Residential-High Density District) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9272.2. Accessory uses.

Subject to the provisions of section 9281 et seq. and chapter 6, the following accessory uses and structures shall be permitted:

A. Accessory buildings, uses and structures;

B. Domestic animals;

Ordinance No. 03-320

C. Home occupations;

D. Private greenhouses, horticultural collections, flower and vegetable gardens;

E. Signs;

F. Utilities ancillary to residential development;

G. Garage sales, not to exceed twice in any calendar year;

H. One second dwelling unit, subject to the provisions of section 9283 et seq."

SECTION 15.: Section 9283.1. of Part 9 (Special Residential Use Standards) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9283.1. Second unit standards.

All second units hereafter created shall conform to the following standards:

A. Second units shall be limited to the RS, RM and RMH land use districts;

B.

A. Except for density limitations, all provisions of said districts shall be complied with;

C.

B. All second units shall be connected to either public or private water and sewer facilities;

D. No second unit shall exceed fifteen (15) percent gross floor area, exclusive of the garage, in size of the existing dwelling unit, nor exceed the maximum building coverage and all required setbacks;

E.

C. Such units shall not be held under separate ownership;

D. The maximum size of a second dwelling unit shall be 640 square feet;

E. Second units may be attached or detached from the primary residence. A detached second unit shall comply with the development standards of Section 9606;

F. Required on-site parking for a second unit per section 9654.6 may be located in any yard area and shall not preclude required parking and access for the primary residence;

G. The exterior building materials and colors of second units shall be identical to the primary residence."

Ordinance No. 03-320

SECTION 16.: Section 9288.1. of Part 10 (Special Accessory Use Development Standards) of Chapter 2 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is deleted as follows:

9288.1. Granny flat dwelling units.

In order to provide additional housing for the sole occupancy of one (1) or two (2) adult persons who are sixty (60) years of age or over, the following standards are hereby established:

A. The maximum dwelling unit size shall not exceed six hundred and forty (640) square feet;

A. All other provisions of the land use district in which granny flats are a permitted use shall be met;

C. Said unit shall not be sold separately from the main unit on the lot.

"

SECTION 17.: Section 9802.1. of Division 2 (Powers and Duties) of Part 1 (In General) of Chapter 8 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9802.1. Planning commission powers and duties.

Unless an appeal to the city council filed, the planning commission shall be the final decision-making body for all conditional use permits, variances, certain modifications, mobilehome, second unit and low-moderate income density bonus permits, and site plan and architectural review permits for medium, medium high, high residential and commercial and business park land use permits, except for minor additions. In addition, the planning commission shall be an advisory body and make recommendations to the city council on all matters on which the council is the final decision-making body. The planning commission also shall consider appeals on all matters considered by the zoning administrator or director of community development."

SECTION 18.: Section 9804.3 of Division 4 (Public Hearing Procedures) of Part 1 (In General) of Chapter 8 of Article IX (Zoning Ordinance) of the Agoura Hills Municipal Code is amended to read:

"9804.3. Zoning administrator public hearings.

The following matters shall be considered by the director only after a public hearing:

Ordinance No. 03-320

A. Modifications.

B. Granny flat permits.

"

SECTION 19.: If any provision of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or applications, and to this end the provisions of this ordinance are declared to be severable. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof even if one or more sections, subsections, sentences, clauses, phrases, parts or portions thereof is declared invalid or unconstitutional.

PASSED, APPROVED, AND ADOPTED this 28th day of May, 2003, by the following vote:

AYES: 5

NOES: 0

ABSENT: 0

ABSTAIN: 0

____________________________________

Jeff Reinhardt, Mayor

ATTEST:

______________________________

Carol Tubelis, City Clerk

Pub: June 5, 2003

AH-0115

__________________________________________________________________

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