Title 17 — LAND USE AND DEVELOPMENT[[1]]

User's Guide

Footnotes:

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Editor's note— Ord. No. 2010-265, § 3, adopted Jan. 27, 2010, amended Title 17 in its entirety to read as herein set out. Title 17 was previously amended in its entirety by Ord. No. 98-132.

User's Guide

A.

Introduction. This User's Guide provides a basic orientation in the organization and use of the Calabasas Land Use and development code ("development code") contained within Title 17 of the Calabasas Municipal Code. The User's Guide is a reference document, and, as such, it is designed to assist in the location of the city's zoning and subdivision regulations. The User's Guide is not a part of the development code, and it does not supersede or replace it. In the event of conflict between the User's Guide and the development code, the development code shall govern.

If, after consulting this User's Guide, you cannot locate the information you desire regarding the development code or the city's land use and development requirements, you should contact the city's community development department.

B.

Organization of the Development Code. The development code contains the city's zoning, subdivision and other land use regulations. Additional building construction requirements and other aspects of development and land use can be found in other titles of the Calabasas Municipal Code.

The development code regulations which cover related topics have been grouped together into articles. There are seven articles and each is summarized below.

1.

Purpose and Effect of Development Code. Article I contains basic information on the legal framework of the development code. Article I describes the land uses and development-related activities that are regulated by the development code, and provides information on how to use the code.

2.

Zoning Districts and Allowable Land Uses. Article II contains chapters on the different types of zoning districts (residential, commercial, etc.) that are applicable to public and private property within the city. These chapters list the specific types of land uses allowed in each zoning district (e.g., day care facilities, home occupations, multifamily housing, service stations, etc.), and the type of land use/development permit that must be obtained prior to initiating each use. This article also contains basic development standards for each zoning district (e.g., maximum height limits and setback/yard requirements for new structures) and regulations for each land use.

Site Planning and Project Design Standards. Article III provides development standards that apply across zoning districts, including requirements for landscaping, off-street parking and loading, and signage. These chapters also contain regulations for specific land uses and development types that may be allowed in a variety of zoning districts (e.g., day care facilities, home occupations, multifamily housing, service stations, etc.). Within the zoning district chapters of Article II, there are references to the requirements in Article III. Article III's regulations generally supplement those in Article II.

4.

Subdivisions. Article IV comprises the city's subdivision ordinance. This article provides both site planning/design regulations for new subdivisions, and the procedural requirements for subdivision approval, consistent with the mandates of the California Subdivision Map Act.

5.

Land Use and Development Permits. Article V describes each type of land use and development permit required by this development code and the city's requirements for the preparation, filing, processing and approval of each permit application. This article also sets time limits for exercising a permit, and time extension procedures. Some land use/development approvals may be granted by the director (e.g., zoning clearance, administrative plan review, sign permit, etc.), while others require review and approval by the commission and/or council (e.g., conditional use permit, development plan, oak tree permit, etc.).

6.

Development Code Administration. Article VI provides information on the development code's administrative framework and procedures including administration, amendments, enforcement, public hearings and appeals. This article also contains provisions governing nonconforming structures, uses, and lots.

7.

Development Code Definitions. Article VII contains definitions of the specialized and technical terms and phrases used in the development code.

C.

Format of the Development Code.

1.

Outline. The format of the development code follows the layout of the Calabasas Municipal Code. The chapter and section numbers use an expandable decimal numbering system. Major divisions within the development code are called articles. Major divisions within articles are called chapters. Chapters divide into sections and subsections. The format of the divisions in the development code is shown below.

Title 17 - Land Use and Development Code

Article XX - Name of Article Chapter 17.xx - Name of Chapter

17. xx.xxx - Section

A. Subsection

1. Subsection

• a. Subsection

i. Subsection

• (A) Subsection

2.

References and Citations. The development code often includes cross-references to other Municipal Code sections, city documents, or state and federal statutes. Cross-references and citations of other documents are handled as follows.

a.

Outside of the Same Section. When a cross-reference is to text outside of the same section being referenced, the crossreference starts with a title number (i.e., "17") followed by the chapter number (i.e. ("0.1"), the section number (i.e. "0.50"), and, if applicable, subsections (i.e. "(B)") which are further subdivided by paragraphs (i.e., "2"). For example, "Section 17.01.050(B)" refers to paragraph 2 of subsection B of Section 17.01.050, of Chapter 17.01, of Title 17. Cross-references will include the applicable title, chapter or section number.

b.

Within the Same Section. When a cross-reference is to text within the same section, the cross-reference identifies the subsection with the applicable letter (i.e., "(D)") followed by a paragraph number (i.e. "2"). For example "See subsection (D) 2, of this section," refers to paragraph 2, of subsection D, of the same section.

c.

External Documents. The development code references state statues by the name of the applicable state code, and specific section numbers (e.g., "Government Code Section 65091," "Map Act Section 66749," etc.). The reference will include the abbreviation "et seq." (the Latin "et sequitur," which means "and following") when the development code also references other sections within the same article or chapter of the relevant state code when those sections relate to the same subject matter. for example, "Government Code Section 65090 et seq." refers to Section 65090 of the California Government Code, and all sections within Chapter 2.7 of the Government Code entitled "public hearings".

d.

Availability of Cited Documents. Any external document referenced or cited in the development code are available at the Calabasas community development department. These documents include the Calabasas General Plan, Old Town Specific Plan, California Government Code, and the Subdivision Map Act.

3.

Terms. The development code has been written so that it can be easily understood by the general public. Most terms and phrases shall be interpreted so as to give them the meaning they have in common usage, except as specifically defined in the development code. Article VII (Definitions), defines words that have a specific meaning in the development code. Chapter 17.03 (Interpretation of Code Provisions) contains other information on how terms are used in the development code.

D.

Using the Development Code.

1.

Determining the Zoning Regulations for a Specific Site. To determine the zoning regulations applicable to a specific property, you must first find the site on the Calabasas zoning map. The zoning map will show the zoning applied to the site, and whether the site is subject to any overlay zoning districts or limitations on maximum residential density. After determining the site's zoning, you use the development code to find regulations applicable to the development of the site.

a.

Allowed Uses and Zone-Based Development Standards. Refer to Table 2-2 - Land Use Table in Article II (Zoning Districts and Allowable Land Uses) to determine which land uses are possible on the site. Where the development code provides unique

standards and requirements for a particular land use (e.g., day care centers, home occupations, service stations, etc.), Table 2-2 also list the code section where the specific standards can be found.

Chapter 17.12 provides standards applicable to specific land uses and activities, such as the keeping of animals within the city, day care facilities, home occupations, service stations, and others.

Chapters 17.13, 17.14 and 17.15 include additional tables describing the basic standards for development in each zoning district: the minimum size for lots proposed in new subdivisions; the maximum allowed residential density; maximum floor area ratio; maximum site coverage; minimum setback/yard requirements; and maximum height for proposed structures.

b.

Additional Development Standards. Refer to Article III to find the remaining development standards and regulations applicable to any proposed development or land uses (in addition to those established for each zoning district in Article II). To assist with the foregoing, each chapter in Article III should be reviewed in the following order:

i.

Chapter 17.20 - General Property Development and Use Standards. This chapter contains sections that each cover one topic and that apply to most land use types. Each section should be reviewed to determine whether it applies to a particular use.

ii.

Chapter 17.22 - Affordable Housing. This chapter applies to residential development projects proposing five or more housing units.

iii.

Chapter 17.24 - Art in Public Places. This chapter applies to commercial development projects.

iv.

Chapter 17.26 - Landscaping. This chapter applies to all land uses and development.

v.

Chapter 17.28 - Parking and Loading. This chapter applies to all land uses an development.

vi.

Chapter 17.30 - Signs. This chapter contains the city's sign ordinance, and applies to all land uses and development proposing signs.

vii.

Chapter 17.32 - Oak Tree Regulations. This chapter contains the city's oak tree ordinance and applies to all properties that contain oak trees.

viii.

Chapter 17.34 - Green Development Standards. This chapter applies to commercial development projects with an area over five hundred (500) square feet.

ix.

Chapter 17.36 - Historic Preservation Ordinance. This chapter contains the city's historic preservation ordinance, and applies to all historical resources within the city.

x.

Chapter 17.38 - Reasonable Accommodation. This chapter provides a process for disabled persons to request reasonable accommodations from existing standards in the development code.

2.

Determining Where a Specific Use May Locate.

a.

The Allowable Use Table. To determine in what zones a specific use may be located, review Table 2-2 - Land Use Table in Article II 1.010 (Permitted, conditional, temporary and accessory land uses - all zoning districts).

The left column of the Table 2-2 lists the land uses allowed in each zoning district, organized by broad land use types: agriculture and open space uses; recreation, education and public assembly uses; residential uses; retail trade uses; service uses; and transportation and communications uses. Under each land use type is a list of the individual land uses that may be allowed in each zoning district. The names of the individual land uses are intended to generally describe each use so that the lists do not need to exhaustively itemize every possible land use that may be allowed within the city. Each land use is then defined in detail in Article VII (Development Code Definitions), with examples of the specific land uses that are included under the general heading.

Each of the middle columns in Table 2-2 covers one zoning district, and the rows in the table corresponding to each land use show whether a particular use may be allowed in the zoning district, and what permit is required to obtain permission for the use.

The right column of the table shows whether any unique development code standards apply to the particular land use.

b.

Using the Land Use Table. As mentioned above, review Table 2-2 to find the general type of land use applicable to your proposed land use. Next scroll down the list of specific uses to find your use. If your use cannot readily be found, try to find a use that looks similar, or appears to generally describe your use, and then speak with a community development staff member about the process of determination of similar use. If your use is not listed in the table for a particular zoning district, it is prohibited in that zoning district.

c.

Checking Overlay Zone Requirements. In some cases, a site in a particular zoning district may also have an overlay zone applied to it in addition to the "base" zoning. For example, a site in the CR (commercial, retail) zoning district could also be located within a scenic corridor and be subject to the scenic corridor design guidelines. In this case, the zoning map would show the site within the "CR-SC" designation.

d.

Checking Specific Use Standards. In some cases, the standards for specific land uses in Chapter 17.12 of Article II and a site's characteristic (e.g. lot size) may have the effect of prohibiting a particular land use. For example, "Secondary Housing Units" as shown in Table 2-2 are conditionally allowed in the RS, RR and HM zoning districts. However, the specific requirements for secondary housing units in Section 17.12.170 allow these units only on parcels with a minimum area of ten thousand (10,000) square feet. The right column of Table 2-2 will show a section number if the development code provides unique standards for a particular use. The listed section should be carefully reviewed to determine whether a particular site and proposed project can qualify for approval.

Article I. - Purpose and Effect of Development Code Chapter 17.01 - Enactment and Applicability

This title is and may be cited as the land use and development code of the City of Calabasas, Title 17 of the Calabasas Municipal Code, hereafter referred to as "this development code."

(Ord. No. 2010-265, § 3, 1-27-2010)

This development code implements the policies of the Calabasas General Plan by classifying and regulating the development and uses of land and structures within the city. This development code is adopted to protect and to promote the health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses. More specifically, the purposes of this development code are to:

A.

Provide standards for the orderly growth and development of the city that will assist in maintaining a high quality of life without causing unduly high development costs or unduly restricting private enterprise, initiative or innovation in design;

B.

Implement the Calabasas General Plan by encouraging the uses of land designated by the General Plan and avoiding conflicts between land uses;

C.

Conserve and protect the natural resources of the city;

D.

Create a comprehensive and stable pattern of development and land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities;

E.

To provide regulations for the subdivision of land in accordance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code §§ 66410-66499.58; and

F.

To provide regulations consistent with state planning and zoning laws.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.01.030 - Authority—Relationship to General Plan.

A.

This development code is enacted based on the authority vested in the city by the state of California, including the State Constitution; California Government Code Sections 65800 et. seq.; the California Environmental Quality Act, Housing Act, Subdivision Map Act, and the Health and Safety Code.

B.

This development code is the primary tool used by the city to implement the goals, objectives and policies of the Calabasas General Plan. The Calabasas council intends that this development code be consistent with the Calabasas General Plan, and that any land use, subdivision or development approved in compliance with this development code will also be consistent with the Calabasas General Plan.

(Ord. No. 2010-265, § 3, 1-27-2010)

This development code applies to all land uses, subdivisions and development within the city as follows.

A.

New Land Uses or Structures—Changes to Existing Land Uses or Structures. It is unlawful, and a violation of this development code, for any person to establish, construct, reconstruct, alter, maintain, or replace any use of land or structure, except in compliance with the requirements of this Code.

B.

Building or Grading Permits. Building or grading permits may be issued by the city only when (i) the proposed land use and/or structure does not violate the prohibition in subsection A of this section, (ii) when the director determines that the site was subdivided in compliance with all applicable requirements of Article IV, and (iii) when proposed grading is in compliance with all applicable requirements of Title 15 of this Code.

No construction authorized by a building or grading permit shall be granted a final inspection approval or a certificate of occupancy, unless the construction and grading complies with the approved land use permit, and all applicable conditions of approval, as well as with all applicable regulations in Title 15 of this Code.

C.

Subdivision of Land. Any subdivision of land proposed within the city after the effective date of this development code shall be consistent with the minimum lot size requirements of Article II, the subdivision requirements of Article IV, and all other applicable requirements of this development code.

D.

Continuation of an Existing Land Use. An existing land use is, subject to the operation of Chapter 17.72, lawful and not in violation of subsequently adopted amendments to this development code only when established in compliance with the development code then in effect, and it continues to be conducted, operated and maintained in compliance with those regulations.

E.

Effect of Development Code Changes on Projects in Progress. The enactment of this development code or any subsequent amendments may impose different standards on new land uses than those that applied to existing development (e.g., this development code or an amendment could require more off-street parking spaces for a particular land use than the former development code provisions). The following provisions determine how the requirements of this development code apply to projects in progress at the time requirements are changed:

1.

Approved Projects not yet Under Construction. Any approved development project for which construction has not begun as of the effective date of this development code or amendment, may still be constructed as approved, as long as (i) required building permits have been obtained and remain active and construction work or (ii) activities at the site have begun before the expiration of any applicable land use permit (Section 17.64.050) or, (iii) where applicable, before the expiration of any approved time extension granted under Section 17.64.050.

2.

Approved Projects not Requiring Construction. Any approved land use not requiring construction that has not been exercised as of the effective date of this development code or any subsequent amendment, may still be exercised in compliance with its approved permit, as long as the permittee exercised the permit or entitlement prior to the expiration of (i) the time limits set forth in subsection (A) of Section 17.64.050; or any approved time extension granted pursuant to subsection (A) of

Section 17.64.050. As used herein, "exercised" refers to an approved use that is substantially commenced or undertaken at a specific location prior to the date of expiration of the permit, or any extension thereof.

3.

Approved Subdivisions not yet Recorded. Any approved subdivision for which a parcel or final map has not been recorded as of the effective date of this development code or amendment, may still have a parcel or final map recorded in compliance with the approved tentative map, as long as recordation occurs before (i) the expiration date of the tentative map as set forth in Sections 17.41.300 et seq.) or (ii) any approved time extension granted under Section 17.41.320.

4.

Projects under Construction. If a permittee is constructing a structure on the effective date of this development code or any subsequent amendment, the permittee may continue to construct the structure as approved unless the applicable building permits expire or become invalid by operation of law.

F.

Other Requirements may Still Apply. Nothing in this development code eliminates the need for obtaining any other permits, licenses, approvals, or entitlements required by the city, this Code, or any county, regional, state or federal agency.

G.

Conflicting Permits and Licenses to be Void. All permits or licenses shall be issued by the city in compliance with the provisions of this development code. Any approval, permit or license issued in conflict with this development code shall be void.

H.

Application Requirements. Except for a property owner(s) or an agent of a property owner, no person may file an application for a permit, license, approval, or other entitlement under this title. The director may require any applicant to submit proof of his or her interest in the real property for which he or she is seeking a permit, license, approval or other entitlement. The director may also require an agent to submit evidence of his or her authority to act on the behalf of the property owner. In instances where an application must be filed in connection with the abatement of a violation of this development code, or any other portion of the Calabasas Municipal Code, the director may require all owners of record for the property on which the violation is located to sign the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

This development code shall be administered by the Calabasas council, commission, director, development review committee, and the department, as provided in Chapter 17.70.

(Ord. No. 2010-265, § 3, 1-27-2010)

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this development code is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this development code. The council declares that this development code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this development code may be declared invalid, unconstitutional or unenforceable.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.02 - LAND USE PERMIT REQUIREMENTS

No form of development shall occur or be maintained and no new land use shall be established, allowed, or maintained unless both comply with the following requirements.

A.

Allowable Use. Table 2-2 - Land Use Table in Chapter17.11 identifies land uses authorized in each zoning district within the city.

B.

Permit Requirements. Absent an applicable exemption under Section 17.02.020, any land use permit required by this development code and any permits required by Title 15 of this Code shall be obtained before the proposed development or land use is constructed, established or put into operation. The land use permit requirements of this development code are established by Chapter 17.62.

C.

Development Standards. Every development and/or use(s) shall comply with all other applicable requirements of this development code, including Article II, and the provisions of Article III.

D.

Conditions of Approval. Development and/or use(s) shall comply with any applicable conditions imposed by any previously granted land use permit, unless those conditions are thereafter revoked or modified in accordance with the provisions in this development code. New development and/or uses shall, at all times, comply with all conditions of approval for a new land use permit that are imposed pursuant to this development code.

E.

Development Agreements. The use and/or structures shall comply with any applicable development agreement approved by the city in compliance with Chapter 17.68 or by Los Angeles County prior to city incorporation.

(Ord. No. 2010-265, § 3, 1-27-2010)

The land use permit requirements of this development code do not apply to the activities, land uses and structures identified by this section, which are allowed in all zoning districts subject to compliance with this section.

A.

General Requirements for Exemption. The activities, land uses and structures identified by subsection (B) of this section are exempt from the land use permit requirements of this development code only when:

1.

The activity, use or structure is established and operated and maintained in compliance with all applicable development standards of this title.; and

2.

Any permit or approval required by regulations other than this development code is first obtained in compliance with Section 17.02.040 of this chapter.

B.

Exempt Activities, Uses and Structures. The following activities, land uses and structures are exempt from the land use permit requirements of this development code when in compliance with subsection (A) of this section:

1.

Decks, Paths and Driveways. Unenclosed decks, platforms, on-site paths, and driveways are exempt provided they (i) do not require a building permit or a grading permit under Title 15 of this Code, (ii) are not over eighteen (18) inches above natural grade, and (iii) are not over any basement or story below.

2.

Fences—Residential, Single-Family (RS) Zoning Districts. Except for those properties within the SC overlay zone, fences in the RS zoning district are exempt as set forth in Section 17.20.100 of this title.

3.

Governmental Activities. Activities of the city are exempt. Activities of the state or the federal government on land owned or leased by a governmental agency are exempt to the extent required by state and federal law.

4.

Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within a structure, or do not change the permitted use of the structure.

5.

Portable Spas, Hot Tubs and Fish Ponds. Portable spas, hot tubs and fish ponds and other similar structures, are exempt provided that do not (i) exceed one hundred twenty (120) square feet in total area, including related equipment; (ii) contain more than two thousand (2,000) gallons of water; or (iii) exceed three feet in depth.

6.

Repairs and Maintenance of Existing Lawful Structures. Repair and maintenance of existing lawful structures is exempt; provided it does not change, intensification or expansion of an approved land use of a site or structure, or does not add to, enlarge or expand a structure. Exterior maintenance and repair work shall, for structure exteriors, use the same materials and design as the original structure.

7.

Small Residential Accessory Structures. Storage sheds and other small structures in residential zoning districts shall be exempt provided they (i) comply with the building permit requirements of Title 15 of this Code, (ii) comply with the setback requirements of Section 17.20.180F.(6) of this title, and (iii) are less than one hundred twenty (120) square feet in gross floor area. Small residential accessory structures located within the scenic corridor shall also comply with the scenic corridor guidelines. Children's playground structures shall not be allowed in front yard setbacks in any residential zoning district.

8.

Utilities. The erection, construction, alteration or maintenance of underground or overhead utilities by a public utility or public agency (e.g., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and other similar facilities.), shall be exempted from the requirements of this development code to the extent required by state and federal law. Notwithstanding the foregoing, the route of any electrical transmission line(s) having the potential of fifty thousand (50,000) volts or more shall be subject to council review and approval prior to acquisition of rights-of-way. Satellite and cellular telephone antennas are subject to Section 17.12.050 of this title. Any construction activity within a public right-of-way shall first be reviewed by the city engineer and shall require the approval of a city encroachment permit.

9.

Walls and Retaining Walls. Concrete and masonry walls less than forty-two (42) inches in height located in residential zoning districts shall be exempt. Retaining walls retaining earth shall be exempt provided, the grade changes are thirty-six (36) inches or less and Title 15 of this Code do not require a grading permit. The foregoing exempt walls shall comply with all applicable provisions of Section 17.20.100 of this title.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012)

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Section 17.62.030.

(Ord. No. 2010-265, § 3, 1-27-2010)

An allowed structure or land use that is exempt from a land use permit, or that has been granted a land use permit, may still be required to obtain other permits before construction or installation work for the structure is started, or the use or activity is established or put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:

A.

Other provisions of this Code, including: building, grading or other construction permits required by Title 15; a business licenses if required by Title 5; or subdivision approvals if required by Article IV;

B.

Los Angeles County, any special district, or any regional, state or federal agency. All permits and approvals required by law from such agencies or districts having concurrent jurisdiction shall be obtained prior to the commencement of work on any allowed structures or establishing new uses.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.03 - INTERPRETATION OF CODE PROVISIONS

This chapter provides rules for resolving questions about the meaning or applicability of any part of this development code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this development code and the General Plan.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Authority. The director is assigned the responsibility and authority to interpret the requirements of this development code.

B.

Language.

1.

Terminology. When used in this development code, the words "shall," "must," "will," "is to" and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes

the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to..."

2.

Number of Days. Whenever a number of days is specified in this development code, or in any permit, condition of approval or notice issued or given as provided in this development code, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday.

3.

Minimum Requirements. When interpreting and applying the regulations of this development code, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

C.

Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

1.

Where district boundaries approximately follow lot, alley or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

2.

If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map; and

3.

Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.

D.

Allowable Uses of Land. If a proposed use of land is not specifically listed in Table 2-2 - Land Use Table of Chapter 17.11, the use is prohibited except as allowed by Section 17.11.020.

E.

Conflicting Requirements.

1.

Development Code and Municipal Code Provisions. If conflicts occur between requirements of this development code, or between this development code and other regulations of the city, the most restrictive shall apply.

2.

Development Agreements or Specific Plans. If conflicts occur between the requirements of this development code and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.

Private Agreements. This development code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, maintenance, or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is an express party and signatory to the covenant or agreement.

(Ord. No. 2010-265, § 3, 1-27-2010)

Whenever the director determines that the meaning or applicability of any of the requirements of this development code are subject to interpretation generally or as applied to a specific case, the director may issue an official interpretation. Interpretations may also be requested, by any interested party, in compliance with this section. Notwithstanding any provision in this chapter, a determination by the director or department staff, pursuant to Section 17.80.020 or another section, that a person is violating this development code is not subject to a request for interpretation, nor is that determination appealable to the commission or to the council, or subject to a call for review.

A.

Request for Interpretation. A request shall be written and filed within ten (10) days of any action by the department involving the provision which is the subject of the request. The written request shall specifically state the provision(s) in question, and may provide any additional information to assist in the review of the request.

B.

Record of Interpretations. If the director determines that a provision of this development code requires refinement or revision, an amendment to this development code should be made as soon as is practical. Until amendments can occur, the director will maintain a complete record of all official interpretations, which shall be available for public review, and indexed by the section number. Official interpretations shall be:

1.

In writing, and shall quote the provisions of this development code being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

2.

Distributed to the council, commission, city attorney, city clerk and department staff.

C.

Appeals and Referral. Any interpretations of this development code by the director may be appealed to the commission as provided by Chapter 17.74. The director may also refer any interpretation to the commission for a determination. Any interpretation by the director may be called up for review by the commission or council in accordance with Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

Article II. - Zoning Districts and Allowable Land Uses Chapter 17.10 - ESTABLISHMENT OF ZONING DISTRICT AND ALLOWABLE LAND USES

This chapter establishes the zoning districts to be applied to property throughout the city, adopts the city's zoning map, and determines how the regulations of each zoning district apply to property.

(Ord. No. 2010-265, § 3, 1-27-2010)

Calabasas shall be divided into zoning districts which consistently implement the General Plan. The following zoning districts are established, and shall be shown on the official zoning map (Section 17.10.030).

Table 2-1

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2021-395, § 5A, 10-13-2021)

17.10.030 - Zoning map adopted.

A.

Inclusion by Reference. The zoning map, together with all legends, symbols, notations, references, zoning district boundaries, map symbols, and other information on the map has been adopted by the council in compliance with Government Code sections 65800 et seq., and is incorporated into this development code by reference as though it were fully set forth herein.

B.

Zoning District Boundaries. The boundaries of the zoning districts established by Section 17.10.020 shall be shown upon the map designated as the "City of Calabasas zoning map" (hereafter referred to as the "zoning map"), on file with the city clerk, and available at the department.

C.

Relationship to General Plan. The zoning map shall implement the General Plan, including the Land Use Plan.

D.

Zoning Map Amendments. Amendments to the zoning map shall follow the process established in Chapter 17.76.

E.

Interpretation of Zoning Map. The zoning map shall be interpreted in compliance with Section 17.03.020(C).

(Ord. No. 2010-265, § 3, 1-27-2010)

17.10.040 - Zoning district regulations.

A.

Purpose. Chapter 17.11 determines which land uses are allowed in each zoning district established by Section 17.10.020 and Chapter 17.62 specifies what land use permit is required to establish each use. Chapters 17.13 through 17.17 provide the basic development standards that apply to allowed land uses in each zoning district.

B.

Determination of Allowable Land Uses. Any questions about whether a proposed land use is allowed in a particular zoning district by Section 17.11.010 shall be resolved by the director in compliance with Section 17.11.020.

C.

Development Standards—Conflicts Between Provisions.

1.

In the event of any conflict between the zoning district regulations of this article and the provisions of Article III, the provisions of Article III shall control;

2.

In the event of any conflict between the zoning district regulations of this article and the provisions of any applicable development agreement, specific plan, or master plan, the provisions of the development agreement, specific plan or master plan shall control.

D.

Single Parcel in Two Zoning Districts. In the event two or more parcels are consolidated through the approval of a lot line adjustment, parcel or tentative map in compliance with Article IV such that a single parcel is covered by two or more zoning

districts, the consolidated parcel shall be rezoned to a single zoning district.

In the event that an existing parcel is covered by two or more zoning districts, the location of the main structure shall determine which zoning district standards shall apply to the project. In cases where the proposed main structure would straddle a zone district boundary line, the most restrictive zoning district standards shall apply.

E.

Partial Coverage of Parcel by Overlay Zone. In the event the boundaries of two or more parcels are affected through the approval of a lot line adjustment, parcel map or tentative map in compliance with Article IV (Subdivisions) such that a parcel resulting from such approval is not entirely within an existing overlay zone, the resulting parcel shall be rezoned pursuant to Chapter 17.76 so that the entire resulting parcel is within the overlay zone. In the case where portions of the resulting parcel are within more than one overlay zone, the director shall determine which overlay zone shall apply to the entire resulting

parcel and the resulting parcel shall be rezoned accordingly pursuant to Chapter 17.76. The property owner may apply for a tentative map, parcel map, or conditional use permit (if applicable) to have the overlay zone designation removed from the resulting parcel, the approval of which may be subject to conditions consistent with Chapter 17.18 and Chapter 17.76.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.11 - ALLOWABLE LAND USES

17.11.010 - Permitted, conditional and ancillary land uses—All zoning districts.

A.

Land Use Permit Requirements. The uses of land allowed by this development code in all of the zoning districts are identified in the following table as being:

1.

A permitted use (identified with a "P" in the table), means that the use is permitted in the particular zoning district as long as all other zoning district and special criteria are met.

2.

An accessory use (identified with an "A" in the table) means that the use is allowed as long as it is ancillary to another permitted use and as long as all other zoning district and special criteria are met.

3.

A conditional use (identified with a "C" in the tables), means that a use is allowed subject to approval of a conditional use permit (Section 17.62.060).

4.

A temporary use (identified with a "TUP" in the tables), means that a use is allowed subject to prior approval and issuance of a temporary use permit (Section 17.62.030).

B.

Uses Not Listed. Land uses that are not listed on the table or when a space in the table is blank in a particular zoning district, the land use is prohibited, except where provided by Section 17.11.020.

C.

Additional Permit/Approval Requirements. A use of land allowed in compliance with subsection (A) of this section, as well as any proposed development related thereto, shall also comply with the following where applicable:

1.

A site plan review (Section 17.62.020), administrative plan review (Section 17.62.090), or development plan review (Section 17.62.070) is required for all new development and a scenic corridor permit (Section 17.62.050) is required for new development in a scenic corridor. Where no other authorization is required, a request for zoning clearance (Section 17.62.110) shall be required.

2.

Design review (Chapter 2.40 of the Municipal Code) where required by the General Plan, or any specific plan, master plan, or design guidelines; and

3.

A building or grading permit if required by Title 15, or any other permit or approval required by the Municipal Code.

The review or clearance discussed in Subsection C.1 and 2. Above shall be completed and approved by the review authority before the proposed use of land is commenced or established and before site work on any proposed development is started. Proposed uses shall also comply with all other applicable provisions of this development code.

D.

Standards for Specific Uses. Where the last column in the following table ("See Section") includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this development code may apply as well.

E.

All processes and activities related to a permitted or conditional use are to be conducted within a completely enclosed building or structure with the following exceptions: temporary uses (Section 17.62.030), outdoor storage of materials and finished product (where permitted), and outdoor dining areas.

F.

Land Use Table. Land uses listed in the following table shall be defined using the North American Industry Classification System (NAICS) unless otherwise defined in Article VII. Specific land uses within the table are grouped under the following major headings:

AGRICULTURE

RESIDENTIAL

INSTITUTIONAL Educational Medical Public Religious Non-profit/Service Organizations—501(c)(3) Utilities

COMMERCIAL Alcohol

Automobile Related Services Automobile Repair Communications Day Care Facilities Eating/Drinking Places and Food Services

Entertainment and Recreation Lodging Offices Retail Services Transportation

INDUSTRIAL Light Industrial Manufacturing Warehousing/Storage Wholesale

TEMPORARY AND INTERIM USES

TABLE 2-2 - LAND USE TABLE

KEY: P=Permitted Use (See Chapter 17.62 for required permit), C=Conditionally Permitted (CUP required), A=Allowed as an Accessory Use, TUP=Temporary Use (TUP required)

Notes:

(1)

Use allowed only where in compliance with the Old Town Calabasas Master Plan and Design Guidelines.

(2)

Use falls under Residential Care Homes and is subject to applicable standards and conditions.

(3)

Allowable only in conjunction with a primary allowable use (e.g., convenience store, grocery store, restaurant, etc.).

(4)

Research and Development Services/Laboratories are allowed in the CO zone only as accessory to an office use, as follows:

(a)

The use shall not exceed ten (10) percent of the total building(s) floor area; and

(b)

The use shall be limited to properties having a building(s) with a minimum floor area of 100,000 square feet.

(5)

Allowed as a "Permitted" use only within the Commercial Auto Retailer (CAR) Overlay Zone and subject to the requirements in Section 17.18.035.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2010-272, § 4, 4-28-2010; Ord. No. 2012-296, § 1(Exh. A), 4-25-2012; Ord. No. 2012-303, § 1(Exh. A), 11-28-2012; Ord. No. 2014-310, § 1(Att. A), 2-12-14; Ord. No. 2014-311, § 3(Exh. A) , 2-26-2014; Ord.

No. 2015-330, § 2(Exh. A), 1-13-2016; Ord. No. 2016-343, § 3, 1-11-2017; Ord. No. 2017-351, § 3(Att. 1), 3-22-2017; Ord. No. 2018-364, § 4, 4-25-2018; Ord. No. 2018-366, § 1, 6-27-2018; Ord. No. 2019-369, § 3, 1-23-2019; Ord. No. 2019-373, § 2, 2-27-2019; Ord. No. 2020-382, § 3, 1-22-2020; Ord. No. 2021-391, § 3, 4-14-2021)

A.

Allowable Uses of Land. When a use is not specifically listed in this development code, the use is prohibited except as follows:

1.

It is recognized that every conceivable use cannot be identified by this development code, and new uses will develop over time. This section authorizes the director to fit an unidentified use within a use or uses identified in this development code; provided, the unidentified use has similar impacts, functions and characteristics. The director may make a "determination of similar use" decision, which is a determination that the proposed use is similar to one or more other permitted and listed uses. In making a determination of similar use the director shall identify the similar use or uses and shall consider the following:

a.

Volume and type of sales (retail or wholesale), the size and type of items sold and nature of inventory on the premises;

b.

Processing, assembly, manufacturing, warehousing, shipping and distribution done on the premises; and dangerous, hazardous, toxic or explosive materials used in processing;

c.

Nature and location of storage and display of merchandise (enclosed, open, inside or outside the principal building), and the predominant types of items stored (business vehicles, work-in-progress, inventory and merchandise, construction materials, scrap and junk);

d.

Type, size and nature of buildings and structures supporting the use;

e.

Number and density of employees and customers, business hours and employment shifts;

f.

Transportation requirements by volume, type and characteristics of traffic generation to and from the site and trip purposes;

g.

Parking characteristics, turnover and generation, and the ratio of the number of spaces required per unit area or activity; and

h.

Amount and nature of potential nuisances generated on the premises (smoke, noise, odor, glare, vibration, radiation, fumes, etc.).

In making a determination of similar use, the director may attach reasonable conditions and restrictions to the use, in addition to those required by this development code, which will ensure that the use:

a.

Will not endanger the public health, safety or general welfare;

b.

Will not injure the value of adjoining or abutting property;

c.

Will not result in any significant environmental impacts;

d.

Will be in harmony with the area in which it is located; and

e.

Will be in conformity with the General Plan and/or applicable specific plan(s).

B.

Application. An application for a determination of similar use shall be submitted on forms provided by the department. The application shall include a description of use for which a determination is requested, together with the reasons why the applicant believes the determination is justified.

C.

Findings. In making a determination of similar use, the director shall clearly establish the following findings of fact:

1.

The proposed use meets the intent of, and is consistent with, the goals, objectives and policies of the adopted General Plan;

2.

The proposed use meets the stated purpose and general intent of the zoning district in which the use is proposed to be located;

3.

The proposed use will not adversely impact the public health, safety or general welfare of the city's residents; and

4.

The proposed use shares characteristics common with, and is not of a greater intensity, density or generate more environmental impact than, those listed in the zoning district in which it is to be located.

D.

Applicable Standards and Permit Requirements. When the director determines that a proposed, but unlisted, use is similar to a permitted use, the proposed use will be treated in the same manner as the permitted use in determining where it is allowed, what permits are required and what other standards and requirements of this development code apply. Each determination of similar use shall be site specific and shall not apply district wide.

No person shall allow, conduct, establish or maintain an unlisted use in any district in the city, or start site work on a related proposed development prior to obtaining a written determination of similar use from the director and complying with all other

requirements in this development code.

No person shall allow, conduct, establish or maintain a use in violation of conditions that accompany a determination of similar use. No person shall expand or intensity a use that has been approved pursuant to a determination of similar use without prior written approval from the director.

E.

Commission Review or Determination. The director shall report determinations of similar land uses in compliance with this subsection to the commission at the next regularly scheduled commission meeting, either orally or as part of the commission's consent calendar. The director may forward questions about equivalent uses directly to the commission for a determination at a public meeting.

F.

Appeals. The decision of the director is appealable to the commission and decisions by the commission are appealable to the council pursuant to Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.12 - STANDARDS FOR SPECIFIC LAND USES

17.12.010 - Purpose and applicability.

A.

Purpose. This chapter provides site planning and development standards for land uses that are allowed by Article II of this development code in multiple zoning districts (e.g., in residential and commercial districts) and set forth herein.

B.

Applicability. Land uses covered by this chapter shall conform with the provisions applicable to the specific use, in addition to other applicable provisions of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

Retail sales and services, including restaurants, pharmacies, and the sale of retail merchandise, are allowed accessory to a primary use where authorized by Article II, and as follows:

A.

General Standard. Accessory retail uses are permitted, provided there will be no external evidence of any commercial activity other than the primary use of the site (e.g., no signs, or windows with merchandise visible from adjoining streets), nor access to any space used for the accessory retail use other than from within the structure.

B.

Commercial Zoning Districts. Restaurants and retail sales as an accessory use are permitted in the commercial zoning districts ancillary and accessory to offices, hospitals and other medical facilities; pharmacies are permitted accessory to hospitals and other medical facilities.

C.

Residential and Special Purpose Zoning Districts. Social or recreational establishments may engage in retail sales for members or guests members only.

D.

Director Review and Approval Required. All accessory retail uses shall be subject to review and approval by the director as provided in Section 17.620.090. In order to approve an accessory retail use, the director shall first find that there will be no harm to adjacent existing or potential residential development due to excessive traffic, noise or other adverse effects generated by the accessory use.

(Ord. No. 2010-265, § 3, 1-27-2010)

Where allowed by Chapter 17.11 in the CR zoning district, any bookstore, hotel or motel, motion picture arcade or theater, cabaret, model studio, video rental store, or other business or establishment that is operated as an adult business as defined by Article VII of this development code shall be subject to the provisions of this section.

A.

Purpose. The purpose of this section is to provide reasonable regulations to prevent the adverse effects of the concentration or clustering of adult entertainment establishments. These uses have serious objectionable characteristics when several are located in close proximity to each other, and tend to create a skid row atmosphere, resulting in a detrimental effect upon the adjacent area. Regulation of the locations of these uses is necessary to ensure that their adverse effects will not contribute to the blight or downgrading of neighborhoods or deter or interfere with the development and operation of other businesses that are needed and desirable in the city.

B.

Applicability. The provisions of this section apply to uses operated as adult entertainment establishments in addition to all other applicable requirements of this development code.

C.

Permit. A conditional use permit shall be required for adult entertainment businesses. The applicant shall be required to obtain an adult entertainment license from Los Angeles County as a condition of approval.

D.

Location Requirements. Adult entertainment establishments shall be located no closer than:

1.

Five hundred (500) feet to any property in a residential zoning district, CMU zoning district where a commercial project incorporates residential uses, child day care facility, school attended by minor children, park, playground, public building or other public facility likely to be used by minors; or

2.

One thousand (1,000) feet to any other adult entertainment establishment.

Distance between properties shall be measured from the property line of one property to that of another utilizing a straight line method.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.030 - Agricultural uses.

A.

The purpose of this section is to establish development standards for agricultural uses. This section is to be carried out by allowing only such development that can be achieved without adverse effects to the environment and which will be subordinate to the resources of the particular site and area.

B.

An agricultural management plan shall be required for the proposed establishment of new or enlarged existing agricultural uses and any proposed development that relates thereto. The agricultural management plan shall contain, at a minimum, the following elements:

1.

Location map;

a.

Scale site plan showing the entire parcel with topography, and proposed and existing structures (including accessory and agricultural structures and residences), roads, fences, contours, wells, water lines, septic tanks and leach lines;

b.

Scale plan showing the entire parcel, and existing land uses, areas presently under and proposed for cultivation, areas of vegetation type, location of any perennial or intermittent streams, areas to be cleared, and areas to be graded for the development;

c.

Soils analysis, discussing soils conditions (including erosion potential and erosion control) and their relationship to appropriate agricultural management on the parcel;

d.

Water availability and demand, and the relationship to appropriate agricultural management on the parcel;

e.

Description and analysis of existing and proposed agricultural activities on the parcel, including types of crops and acres under cultivation, geographic distribution of crops over the parcel, rotation of crops, and related agricultural activities, including agricultural goods and equipment storage, packing and processing;

f.

Erosion control plan;

g.

Hydrologic report;

h.

Pesticide usage and storage report; and

i.

Description of recommended agricultural management techniques for the parcel and proposed development or development alternatives to (1) reduce erosion, (2) conserve water, (3) protect water quality, and (4) minimize impacts to plant and animal habitats. The use of biodiversity to control pests and diseases and enhance wildlife habitat is strongly encouraged.

C.

The director may require that the plan be revised to include additional information or assessment as deemed necessary. A third party review by a biologist or similar expert may also be required at the applicant's expense.

D.

No clearing of land for agricultural uses shall take place within one hundred (100) feet from the outer edge of the riparian vegetation canopy of perennial or intermittent streams. Where riparian vegetation is not present, the one hundred-foot buffer shall be measured from the outer edge of the bank of the subject stream. As used herein, "clearing of land" means the removal of existing vegetation. No clearing of land or other activities shall occur within the protected zone of an oak tree, nor shall any oak tree be cut, trimmed, altered or removed, except with prior and complete compliance with all oak tree regulations in this development code.

E.

To minimize the risks associated with project development in areas characterized by steep slopes, high erosion potential, unstable soils, combustible vegetation and other sensitive environmental resource areas, no construction improvement, grading, earthmoving activity or vegetation removal associated with the development or use of land shall take place on slopes of thirty (30) percent or greater.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Standards for All Sales Operations. Proposed alcoholic beverage sales operations (both for on premises and off premise consumption) shall be allowed pursuant to Table 2-2 - Land Use Table of Chapter 17.11 and shall be designed, constructed and operated to:

1.

Avoid contributing to an overconcentration of businesses that sell alcoholic beverages in an area where additional ones would be undesirable, with enhanced consideration given to the area's function and character, problems of crime and loitering, and traffic problems and capacity;

2.

Avoid any adverse impact on religious facilities, schools, parks, or playgrounds located within six hundred (600) feet as measured to the nearest property line; and

3.

Avoid disruption of residents' sleep between ten p.m. and eight a.m. through design, operational conditions, and limitations on operating hours when the use is proposed in close proximity to residential uses.

B.

Alcohol Sales in Conjunction with a Restaurant Use. Where allowed by Section 17.11.010 (F), alcoholic beverages may be sold for on-premises consumption at an establishment where the primary use is a restaurant, provided that a conditional use permit is obtained for the establishment and sales are conducted in compliance with the Alcoholic Beverage Control Act of the State of California.

C.

Bar and Cocktail Lounge. Where allowed by Section 17.11.010 (F), alcoholic beverages may be sold for on-premises consumption at a bar/cocktail lounge provided that a conditional use permit is obtained for the establishment and sales are conducted in compliance with the Alcoholic Beverage Control Act of the State of California.

D.

Drug Stores, Grocery Stores, and Convenience Markets. Less than fifty (50) percent of the sales floor shall be devoted to the display of alcoholic beverages in drug stores, grocery stores, and convenience markets. The alcoholic beverage display in convenience markets that are part of a service station, where gasoline and other motor vehicle related products are sold, is limited to twenty-five (25) percent of the sales floor.

E.

Retail Sale of Wine or Beer Only. Pursuant to Section 17.11.010 (F), a specialty store, where the predominant product sold is wine or beer (up to one hundred (100) percent of the sales floor), may be permitted through approval of a conditional use permit for the establishment and must be conducted in compliance with the Alcoholic Beverage Control Act of the State of California.

F.

Wine Tasting. The sampling or tasting of wine offered for retail sale may be allowed if approved as an element of the conditional use permit for the establishment and conducted in compliance with the Alcoholic Beverage Control Act of the State of California. Sampling shall be under the supervision of the license holder or duly authorized agent and be conducted in a manner which will confine the consumption on the premises solely for the purpose of providing samples in connection with anticipated sales.

(Ord. No. 2010-265, § 3, 1-27-2010)

The keeping of animals in the residential, HM and OS zoning districts is allowed as follows:

A.

Farm Animals. In compliance with the following requirements, small farm animals are allowed as an accessory use with a zoning clearance (Section 17.62.090) and large farm animals are allowed as an accessory use with a minor use permit (Section 17.62.060). Both small and large farm animals are allowed only on parcels of one acre or larger. Additional animals may be allowed with conditional use permit approval (Section 17.62.060).

1.

Large Animals. The keeping of large animals including cows, goats, horses, pigs, and sheep, for grazing, breeding, or boarding, shall be limited to a density of one animal for each twenty thousand (20,000) square feet of site area. The keeping of large animals as defined in this section shall be classified as a hobby farm. Hobby farms (17.12.110) shall be allowed as an accessory use with minor use permit approval (Section 17.62.040) and a primary use with conditional use permit approval (Section 17.62.060).

2.

Small Animals. Up to three small animals (including birds, chickens, ducks, and rabbits) are permitted accessory to each dwelling. Accessory dwelling units shall not be considered separate dwelling units for the purpose of this section. Up to four small animals are permitted on lots of at least twenty thousand (20,000) square feet and one additional small animal is permitted for each five thousand (5,000) square feet of lot area in excess of twenty thousand (20,000) square feet. Small animals are allowed on a lot provided that:

a.

The animals are solely for the domestic use of the residents of the site and are not kept for commercial purposes; and

b.

The keeping of the animals is not injurious to the health, safety, or welfare of the neighborhood and does not create offensive noise or odor as determined by the director.

3.

Animal Enclosures. No animal enclosure (e.g., barn, coop, corral, paddock, stable, etc.) shall be located on any site less than one acre in area. No animal enclosure shall be located closer than:

a.

Fifty (50) feet from any habitable structure on a site under different ownership from the site of the animal enclosure;

b.

Thirty (30) feet from any street right-of-way;

c.

Twenty (20) feet from side or rear property lines; and

d.

One hundred (100) feet from the outer edge of the riparian vegetation canopy of a perennial or intermittent stream. Where riparian vegetation is not present, the one hundred-foot buffer shall be measured from the outer edge of the bank of the subject stream.

B.

Household Pets. The keeping of dogs and cats in zoning districts where residences are allowed shall be limited to three adult dogs and three adult cats and one litter of each species on any single parcel. Other smaller household pets are not limited by this development code.

C.

Exotic Animals. The keeping of non-domesticated animals that are carnivorous, poisonous, otherwise dangerous to humans and household pets, or not native to North America, and/or commonly displayed or found in zoos are not allowed.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Purpose and Intent. The purpose of this section is to regulate the installation, operation and maintenance of amateur radio antennas and satellite antennas in the city.

B.

Applicability. This section applies to all existing and proposed amateur radio antennas and satellite antennas.

C.

Standards for Satellite/Communications Antennas. Satellite/communications antennas, including portable units and dish antennas, shall be designed, installed and maintained in compliance with the regulations of the Federal Communications Commission. Satellite antennas with diameters larger than one meter in residential zones and two meters in non-residential zones shall also comply with the following requirements provided these provisions do not conflict with applicable state and federal regulations.

Permit Requirement. Zoning clearance shall be required for satellite antennas with diameters of one meter or less; administrative plan review approval shall be required for satellite antennas larger than one meter. A scenic corridor permit shall be required for satellite antennas larger than one meter located within a designated scenic corridor.

2.

Application Plans. Plans for satellite antennas shall be submitted with applications for a building permit, and shall include a site plan and elevation drawings indicating the height, diameter, color, setbacks, foundation details, landscaping, and method of screening. The plans shall be subject to approval of the director.

3.

Location. No satellite antenna shall be located within any required front-yard or street-side-yard setbacks in any zone. In addition, no portion of a satellite antenna shall extend beyond a property line.

4.

Color. A satellite antenna and its supporting structure shall be painted a single, neutral, non-glossy color; such as an earth tone, gray, or black; and, to the extent possible, be compatible with the appearance and character of the surrounding neighborhood.

5.

Wiring. All wiring shall be placed underground whenever possible.

6.

Residential Zones. In any residential zone, satellite antennas shall be subject to the following standards:

a.

Only ground-mounted satellite antennas shall be permitted. Ground-mounted antennas shall be located in the rear yard of any property to the extent technically possible;

b.

Satellite antennas shall not exceed fifteen (15) feet in height;

c.

Only one satellite antenna may be permitted on any single-family residential site;

d.

Only one antenna shall be permitted per dwelling unit on any multiple family residential site;

e.

A satellite antenna shall be separated from adjacent properties by at least a six-foot-high solid wall or fence or by trees or other plants of equal minimum height;

f.

Any satellite antenna that is taller than an adjacent property-line fence shall be located away from the side or rear property line a distance equal to or greater than the height of the antenna;

g.

The diameter of a satellite antenna shall not exceed two meters. This provision may be modified by the director if the applicant provides a sufficient technical study prepared by a qualified engineer demonstrating to the director's satisfaction that strict compliance would result in no satellite reception; and

h.

A satellite antenna shall be used for private, noncommercial purposes only.

7.

Nonresidential Zones. In any nonresidential zone, satellite antennas may be roof- or ground-mounted and shall be subject to the following standards:

a.

If roof-mounted, satellite antennas shall be screened from ground view by a parapet or other screening approved by the city. The minimum height and design of a parapet, wall, or other screening shall be subject to the approval of the director;

b.

If ground-mounted, satellite antennas shall not be located between a structure and an adjacent street and shall be screened from public view and neighboring properties;

c.

The location and height of satellite antennas shall comply with all requirements of the underlying zone; and

d.

If the subject site abuts a residential zone, all antennas shall be set back a minimum distance from the property line equal to the height of the antenna, unless screened from view.

D.

Standards for Amateur Radio Antennas. All amateur radio antennas shall be designed, constructed and maintained as follows:

1.

The maximum height shall not exceed forty (40) feet, measured from finished grade;

2.

Any boom or other active element or accessory structure shall not exceed twenty-five (25) feet in length;

3.

Antennas may be roof- or ground-mounted; and

4.

Antennas may not be located in any front-yard or side-yard setbacks.

5.

These standards in this subsection F are subject to modification or waiver by the director on a case-by-case basis where required for the city to comply with FCC PRB-1, California Government Code 65850.3, and other applicable law, and where such modification or waiver is based on sufficient technical information provided in writing by the applicant at the request of the city.

E.

Effects of Development on Antenna Reception. The city shall not be liable if development within the city after installation of an antenna impairs antenna reception, transmission, utility, or function to any degree.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2011-289, § 1, 11-9-2011; Ord. No. 2012-295, § 2(Exh. A), 6-27-2012; Ord. No. 2012-302, § 1, 8-22-2012; Ord. No. 2014-314, §§ 3—5, 4-23-2014; Ord. No. 2015-322-U, §§ 3—37, 3-11-2015; Ord. No. 2015-323, §§ 3—37, 4-8-2015; Ord. No. 2019-375, §§ 3—13, 3-13-2019; Ord. No. 2021-391, § 4(Exh. A), 4-14-2021)

Editor's note— Ord. No. 2021-391, § 4(Exh. A), adopted April 14, 2021 amended section 17.12.050 and in doing so changed the title of said section from "Antennas/personal wireless telecommunication facilities" to "Amateur radio antennas/satellite antennas," as set out herein.

Any cemetery, columbarium, mausoleum, crematorium and/or mortuary shall be planned and designed as follows:

A.

Access. An entrance to the facility shall be provided on a major street or secondary thoroughfare with ingress and egress designed to minimize traffic congestion.

B.

Screening Required. When located within or adjacent to any residential zoning district, these facilities should be screened on the side and rear property lines by: a wall or fence six feet in height; a six-foot high, three-foot thick evergreen hedge; or a twenty-foot wide, permanently maintained planting strip.

(Ord. No. 2010-265, § 3, 1-27-2010)

This section establishes standards for the city review of day-care facilities, in conformance with state law, including the limitations on the city's authority to regulate these facilities. These standards apply in addition to all other applicable provisions of this development code and any requirements imposed by the California Department of Social Services through its facility licensing procedures. No day care facility shall be allowed or operated within the city unless it acquires a license by the Department of Social Services.

A.

Application Requirements. Land use permit applications for day care facilities shall include a copy of its license issued by the California Department of Social Services, in addition to all other information and materials required by the department.

B.

Small Family Day Care Homes. Small family day care homes are allowed within any single-family residence pursuant to Table 2-2 in Chapter 17.11.

C.

Large Family Day Care Homes. This use is allowed within any single-family residence pursuant to Table 2-2 in Chapter 17.11 and, subject to the following requirements:

1.

Permit Requirement-Public Notice. A large family day care home shall require the approval of a non-discretionary administrative plan review by the director. Notwithstanding the public noticing requirement of Chapter 17.78, notice of the filing of an application for a large family day care home shall be provided to all property owners within one hundred (100) feet

of the proposed facility at least ten (10) days prior to the date of the director's decision on the application. No public hearing shall be held unless requested in writing by the applicant or other affected person.

2.

Criteria for Approval. Administrative plan review approval shall be granted if the director determines that the proposed large family day care home will comply with the standards in subsection (E) of this section.

D.

Child Day Care Centers. Child day care centers are allowed in commercial zoning districts pursuant to Table 2-2 and subject to the standards in following subsection (E).

E.

Standards for Day Care Facilities. Approvals of large family day care homes and child day care centers are subject to the following:

1.

Spacing/Concentration. A large day care home or child day care center is prohibited when it causes a residential property to be bordered on more than one side by a day care facility.

2.

Traffic Control. A drop-off and pickup area shall be established to ensure that people are not placed at risk and street traffic is not unduly interrupted. The driveway of a large family day care home may serve as its drop-off area.

F.

Employer Child Day Care Facilities. Child day care offered by an employer to his/her employees shall be allowed as an accessory use within places of employment.

(Ord. No. 2010-265, § 3, 1-27-2010)

The establishment of new drive-in or drive-through sales or service facilities is prohibited within the city because these facilities create problems or detrimental impacts of noise, air pollution, excessive pavement, traffic congestion, litter, unsightliness, and the inefficient use of energy resources.

Notwithstanding the foregoing, in order to facilitate senior access to medications and other vital health services, pharmacies with accessory drive-through facilities may be permitted subject to a conditional use permit.

(Ord. No. 2010-265, § 3, 1-27-2010)

Emergency shelters may be located where allowed by Article II of this development code, subject to the following standards:

A.

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

B.

A minimum distance of one thousand (1,000) feet shall be maintained from any other emergency shelter.

C.

The shelter shall have not less than one parking space for each two hundred fifty (250) square feet of gross floor area.

D.

Maximum stay at the facility shall not exceed one hundred and eighty (180) consecutive days.

E.

Clients shall only be on-site and admitted to the facility between five p.m. and eight a.m.

F.

An interior waiting and intake area shall be provided which contains a minimum of two hundred (200) square feet. No exterior waiting area shall be allowed either on-site or off-site.

G.

Security personnel shall be provided during the hours the emergency shelter is in operation.

H.

Exterior lighting shall be provided for the entire outdoor area of the site consistent with the provisions of Chapter 17.27.

(Ord. No. 2010-265, § 3, 1-27-2010)

When permitted in the zoning district applicable to a site, pursuant to Section 17.11.010 of this development code, and consistent with the definition of fortunetelling in this development code, all fortunetelling uses are subject to the following provisions.

A.

General Requirements. The following shall apply to all new fortunetelling uses.

1.

All persons, whether as agents, assistants, employees or independent contractors, who provide fortunetelling services to another person in a facility or establishment shall, at all times, maintain on the premises all applicable county and state licenses. certificates and permits.

2.

Any establishment that provides fortunetelling services shall notify the city in writing at least fifteen (15) days in advance of the effective date of a plan to rename, change management, or convey the business to another person.

B.

Background Investigation. Prior to the filing of a zoning clearance application for any new establishment that provides fortunetelling services, the applicant shall furnish the city with a copy of a California and Federal criminal records background investigation report of the permittee and any person with financial interest in the business; and, consistent with subparagraph A.2. above, a copy of such background check documentation shall also be submitted for any new owner/operator coincidental with the submittal of the required business transfer notification paperwork.

C.

Posting of Fees. The following posting requirements shall apply to all new fortunetelling uses.

Each person required to obtain a permit pursuant to this chapter shall post on his or her business premises a sign containing the following information:

a.

The true name of the fortunetelling practitioner;

b.

Each service provided by the fortunetelling practitioner;

c.

The fees charged for each service provided by the fortunetelling practitioner; and

d.

The statement, "by law, this business is prohibited from charging or soliciting any fee, payment or remuneration beyond these established rates."

2.

The sign required by this section shall be prominently posted in the interior of the business premises at a point near the entry and shall be conspicuously visible to every person seeking the services of the fortuneteller. The sign lettering shall be of uniform size with each letter at least one-half (½) inch in height.

3.

Fortunetelling service may be provided on a temporary basis, at a location other than the fortuneteller's place of business within the Commercial Retail zoning district, if the fortuneteller provides the information required by this section on eight and one-half inch by eleven inch (8½" by 11") paper, in legible print or type. The paper shall also include the name and permanent address of the person(s) providing fortunetelling services. No other information or printed matter shall appear on the paper. A true, correct and complete copy of such paper shall be given to each client prior to providing any fortunetelling services.

4.

No person shall charge or collect any fee, payment, remuneration, or item of value for fortunetelling services in excess of the fees set forth on a sign or paper required by this section.

D.

Permit Denial or Revocation. The community development director or his or her designee, shall at all times have the power to deny or revoke a permit granted hereunder should the community development director or his or her designee determine:

1.

That the permittee has violated any provision of this chapter; or

2.

That any information contained in the permit application is false; or

3.

That the issuance of the permit was based on fraud, mistake, or any misleading or untrue statements; or

4.

That the applicant, permittee, or anyone employed by the permittee has, within seven years preceding an application, been convicted of a violation of Penal Code section 332 or any law involving theft or attempted theft by means of fraud, deceit, use of force, or threats.

(Ord. No. 2014-311, § 4(Exh. A) , 2-26-2014)

Heliports may be located where allowed by Article II of this development code, for emergency purposes only, subject to the following standards:

A.

State Permit Required. A land use permit or exemption shall be obtained from the California Department of Transportation, Division of Aeronautics, and evidence of the permit or exemption shall be presented to the department, before establishing any heliport.

B.

Location Criteria. A proposed heliport may be located on the site of an emergency services facility, subject to the following standards:

1.

Minimum Site Area: five acres.

2.

Proximity to Residential Uses. The heliport shall be located so that aircraft taking-off and landing do not pass directly over dwellings at an altitude of less than five hundred (500) feet.

C.

Nuisance Mitigation. A proposed heliport shall be located so that neither air nor related surface traffic constitutes a nuisance to neighboring uses. The applicant shall demonstrate to the city that adequate controls or measures will be taken to mitigate offensive noise, vibration, dust or bright lights.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.110 - Hobby farms.

Hobby farms may be allowed subject to the following standards:

A.

Hobby farms for agricultural uses shall be allowed as an accessory use with a conditional use permit subject to the following standards.

1.

On-site sales of agricultural produce shall be prohibited.

2.

Hobby farms for agricultural uses are limited to twenty thousand square (20,000) feet in agricultural use area on parcels two and one-half (2½) acres or less in size or forty-three thousand five hundred sixty (43,560) square feet (one (1) acre) on parcels over two and one-half (2½) acres.

Hobby farms for agricultural uses cannot be located on slopes greater than approximately three to one nor may hobby farms involve activities which require the issuance of a commercial license by the Department of Alcoholic Beverage Control (ABC) or the Bureau of Alcohol, Tobacco and Firearms (ATF).

4.

Minor deviations from these general standards may be granted by the planning commission through an approval of a conditional use permit.

5.

Hobby farms for agricultural uses shall be subject to the standards in Section 17.12.030.

6.

Hobby farms for agricultural uses shall utilize organic farming methods to the extent feasible.

B.

Agricultural uses that do not meet the size limitations for a hobby farm may be allowed with a conditional use permit subject to the standards in Section 17.12.030.

C.

Hobby farms for farm animals (shall be a subject to the permits and standards in Section 17.12.040. In addition, all uses shall be designed to avoid significant adverse effects to surrounding area resources including increases in erosion, slope failure or sedimentation on adjacent or downstream watershed properties.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

A.

Applicability. The provisions of this section allow for business activities within a dwelling unit that are subordinate to the primary residential use of the site, and compatible with surrounding residential uses. This section does not address day care facilities, which are instead subject to Section 17.12.070.

B.

Limitations on Use.

1.

Allowed Home Occupations. An allowed home occupation is a business activity within a dwelling unit that is subordinate to the primary residential use of the site; provided, there is compliance with this section, including the acquisition of a home occupation permit, and the activity is any of the following.

a.

Art work (ceramics, painting, photography, sculpture and such other similar use;

b.

Dress making, millinery, sewing, and similar activities;

c.

Small handcraft; and

d.

An office for an architect, attorney, consultant, insurance agent, tutor, or writer.

The director may also issue a home occupation permit for other business activities as home occupations, where the director first determines that the business activity is substantially similar to the above uses in its operational characteristics, and will result in no greater impacts on the site or surrounding properties than the above uses.

2.

Prohibited Home Occupation Uses. Business activities that are not compatible with or incidental to surrounding residential uses are prohibited as home occupations. The following may not be issued a home occupation permit as they are examples of incompatible or non-incidental business activities:

a.

Adult entertainment businesses;

b.

Commercial photo/film processing labs;

c.

Night clubs;

d.

Gun or ammunition sales;

e.

Medical and dental offices, clinics, and laboratories (not including counselors/psychotherapists);

f.

Mini storage;

g.

RV storage except for a personally owned vehicle registered to an occupant of the premises;

h.

Storage of equipment, materials, and other accessories for the construction and service trades, as well as other business enterprises;

i.

Vehicle maintenance and repair (body or mechanical), upholstery, automobile detailing and painting;

j.

Welding and machining;

k.

Woodworking, cabinetry manufacturing; and

l.

Any other use determined by the director not to be incidental to or compatible with residential activities as set forth in the operating standards.

C.

Application. A home occupation permit is required for any allowed home occupations. This permit is subject to the requirements of Section 17.62.100. A statement of continued compliance with the operating standards in subsection D shall be signed by the property owner and all adult occupants who shall engage in the home occupation prior to issuance of a home occupation permit.

D.

Operating Standards. Home occupations shall comply with all of the following operating standards:

1.

Accessory Use Only. The home occupation shall be clearly secondary and incidental to the full-time use of the structure as a dwelling unit;

2.

Activities, Equipment and Materials. Activities conducted and equipment or material used in connection with an allowed and permitted home occupation shall not change the fire safety or occupancy classifications of the premises. The use shall not involve the storage of flammable, explosive or hazardous materials. No use shall create noise, dust, light, vibration, odor, gas, fumes, toxic/hazardous materials, smoke, glare, electrical interference, or other hazards or nuisances;

3.

Exterior Evidence of Use. The use shall not require any modification not customarily found in a dwelling, nor shall the use be visible from the street or from neighboring properties. There shall be no window display, advertising sign, or other identification of the home occupation on the premises;

4.

Limitation on Employees. The home occupation shall involve no more than two employees or independent contractor on the site other than full-time residents of the dwelling unit. This limitation applies only to an employee or independent contractor of the home occupation and does not regulate the use of housekeeping, gardening, child care, or cooking personnel which are unrelated to the home occupation;

5.

Limitation on Clients. No more than one client or patron shall be allowed on the premises at any time for counseling, music lessons, tutoring, or other purposes related to the home occupation;

6.

Location of Home Occupation. The home occupation shall be located entirely within an enclosed structure, and shall not be allowed in a trailer or other temporary structure. Further, no home occupation shall be established, operated, conducted, or maintained in a garage in such a manner to reduce the required number of parking spaces therein at any time; and

7.

Vehicles and Traffic. Vehicles used by the permittee or by others, or in connection with the home occupation and traffic generated by the home occupation shall not exceed the type or number of vehicles and traffic volume normally generated by a home in a residential neighborhood that does not have an ongoing home occupation. All parking needs of the home occupation shall be met off the street and on the same site as the permitted home occupation.

(Ord. No. 2010-265, § 3, 1-27-2010)

Kennels and animal boarding shall be located at least five hundred (500) feet from any residential zoning district.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.125 - Marijuana based land uses and activities.

This section is to be read in conjunction with Chapter 8.13 of this Code.

A.

Allowed Uses. The private cultivation, processing, or use of marijuana (as defined in Title 8) for personal use, is allowed as an accessory and ancillary use in all residential zones, and is exempt from permitting, provided that such use or activity:

1.

Is conducted for personal non-commercial purposes only by a legal residential occupant aged twenty-one (21) years or older;

2.

Is accomplished entirely within a fully enclosed and secure structure that is either a legally established primary dwelling or a legally established accessory structure on the residential property;

3.

Involves the cultivation of not more than six (6) individual living marijuana plants or the possession, processing or use of marijuana obtained from not more than six (6) individual marijuana plants; and,

4.

Is accomplished in a manner fully consistent with the limitations established under California Health and Safety Code sections 11362.1, 11362.2, 11362.3, 11362.4 and 11362.45 and any other applicable state laws.

B.

Prohibited Uses. Any land use, facility or activity which involves cultivation, manufacture, processing, packaging, warehousing, distribution, transport, or any other commercial activity or business related to marijuana or any marijuana product or derivative, whether for medical or recreational uses, and which is not expressly allowed under subsection 17.12.125.A., above, is prohibited as a land use or as an accessory use and may not be conducted in any zone, including, but not limited to, the following:

1.

Marijuana dispensaries, cooperatives, or any other marijuana-related businesses or commercial activity of any kind, whether for medical or recreational uses.

2.

Any land use, facility or activity which involves cultivation, manufacture, processing, packaging, warehousing, distribution, transport, or any other commercial activity or business related to any drug or substance other than marijuana which is illegal to distribute or possess under state or federal law.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2011-285, § 1, 9-14-2011; Ord. No. 2017-355, § 2, 6-14-2017)

This section provides design criteria and development standards for mixed use projects, where allowed by Chapter 17.11 (Allowable Land Uses). A mixed use project combines residential and commercial uses (vertical mixed use). Residential units

may be also allowed at ground level behind street-fronting commercial uses (horizontal mixed use) only under limited circumstances specified by this section.

A.

Design Considerations. A mixed use project shall be designed to achieve the following objectives:

1.

The design shall provide for internal compatibility between the residential and commercial uses on the site;

2.

Potential glare, noise, odors, traffic, and other potentially significant impacts on residents shall be minimized to allow a compatible mix of residential and commercial uses on the same site;

3.

The design shall take into consideration potential impacts on adjacent properties and shall include specific design features to minimize potential impacts;

4.

The design shall ensure that the residential units are of a residential character, and that appropriate privacy between residential units and other uses on the site is provided; and

5.

Site planning and building design shall provide for convenient pedestrian access from the public street into the commercial portions of the project, through courtyards, plazas, walkways, or similar features.

B.

Mixed Use Standards.

1.

Zoning District Standards. The density, floor area ratio (FAR), height, and street setbacks for a mixed-use development project shall be determined by the underlying zoning district and the Affordable Housing overlay zone where applicable.

2.

Commercial Setbacks. When the residential units are located above the commercial uses, the structure shall be treated as a commercial type of structure for front and side setbacks. No rear yard setback is required unless specified for commercial uses. Floors above the ground floor shall incorporate off sets and design features to break up the vertical mass of the building.

3.

Commercial Uses Along Street Frontages.

a.

Commercial uses shall be located along street frontages and have a minimum depth of fifty (50) feet. The director may reduce the minimum depth for commercial uses for a secondary street.

b.

On corner lots, the commercial space shall turn (wrap around) the corner for a minimum depth of fifty (50) feet.

c.

The director shall determine the primary frontage for purposes of compliance with this Subsection.

4.

Ground Floor Residential Units Allowed. If a structure is located on a corner lot, ground floor residential dwelling units are allowed only on the secondary street/frontage as determined by the director.

5.

Community Space Requirements.

a.

Community Space Defined.

i.

Community space shall include both indoor/interior space and outdoor open space.

ii.

Community space can be in the form of private open space (e.g., balconies) or common open space (e.g., pool or side or rear setback areas.)

iii.

An indoor recreational room of up to six hundred (600) square feet may be credited toward fulfilling community space requirement in subsection (B)(5)(b) of this section.

b.

Minimum Space Per Unit. Each development project shall provide a minimum of one hundred fifty (150) square feet of community space for each dwelling unit, except for a property carrying the Affordable Housing overlay zone and when development of a qualifying affordable housing project is under consideration, in which case the minimum required community space is established by the Affordable Housing overlay zone under Section 17.22.025 of this title.

c.

Required front and/or side setbacks do not count toward the community space requirement in subsection (B)(5)(b) of this section.

d.

Private Open Space.

i.

Private open space shall not exceed thirty (30) percent of the total requirement for community space.

ii.

Each private open space shall have a minimum dimension of six feet by six feet.

iii.

The private open space requirement contained herein may be modified by not more than five percent if determined to be necessary by the reviewing authority.

e.

Community Space. Each community space shall have at least one minimum dimension of fifteen (15) feet and the other dimensions shall be at least six feet, except for private open space (e.g., balconies or patios).

f.

Balconies and patios shall have a minimum dimension of six feet by six feet in order to count as required community space.

6.

Lighting. Lighting for commercial uses shall be appropriately shielded to not cause light spillover onto the residential units and shall conform to Chapter 17.27.

7.

Off-Street Loading. Off-street loading areas shall be located as far as possible from the residential units and shall be completely screened from view from the residential portion of the project.

8.

Refuse and Recycling Areas. Areas for the collection and storage of refuse and recyclable materials shall be located on the site in locations that are convenient for both the residential and commercial uses.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2021-395, §§ 5B, 5C, 10-13-2021)

The following standards are intended to ensure that new, expanded or redeveloped mobilehome parks and new mobilehome subdivisions are located and established so as to be compatible with adjacent residential neighborhoods and commercial areas. The planning and design of mobilehome parks, including lots and other areas within parks, and the permitting of individual mobilehomes within mobilehome parks is regulated by the California Department of Housing and Community Development (HCD), and is not subject to the provisions of this section.

A.

Site Planning and Design Standards. Mobilehome parks and subdivisions shall conform to the following minimum standards.

1.

Minimum site area: five acres.

2.

Density: a maximum of eight mobilehome spaces per acre.

3.

Setbacks. All structures, including mobilehomes, shall be set back from property lines as follows:

a.

Street frontage: thirty (30) feet.

b.

Exterior park lot lines not abutting streets: ten (10) feet

Landscaping. The perimeter of mobilehome parks shall be landscaped as follows:

a.

Street Frontages. Street frontage setback areas shall be provided with a landscaped buffer at least fifteen (15) feet wide, except where cut by access driveways. Landscaping shall occupy a minimum of sixty (60) percent of the required street frontage setback area required by subsection (A)(3) of this section.

b.

Other Setback Areas. Other setback areas shall be landscaped with screen planting strips.

c.

Interior Street Trees. Each mobilehome lot shall be provided at least one street tree of fifteen (15) gallon size or larger.

d.

Interior Landscaping. All open areas of a mobilehome park not occupied by paving or common facilities shall be landscaped, including a minimum of twenty (20) percent of the total site area for each mobilehome, and a minimum of forty-five (45) (percent of the total common area(s) of the park.

5.

Fencing. The perimeter of a mobilehome park or subdivision shall be enclosed by a six foot high solid masonry wall (or alternate material approved by the director), located at the setback line along street frontages, and adjacent to property lines not abutting streets.

6.

Signs. Sign area shall be limited to one identification sign of fifty (50) square feet and one directional sign of twenty-five (25) square feet, subject to director approval.

B.

Accessory Commercial Uses Permitted. A mobilehome park may contain commercial uses for the convenience of park residents. This uses shall include coin-operated laundry, soft drink dispensers, cigarette dispensers and similar machines, provided that these uses shall be located in the interior of the park and shall not occupy more than five hundred (500) square feet cumulatively for each fifty (50) mobilehomes or fraction thereof.

C.

Use of Mobilehome Lots. No more than one occupied mobilehome shall be allowed on any one lot. No travel trailer, camper or other recreational vehicle shall be placed on any mobilehome lot, either for occupancy or storage.

D.

Recreational Vehicle Areas. Mobilehome parks may include recreational vehicle storage areas, provided that the location, number and size of spaces shall be authorized as part of the conditional use permit approval.

E.

Conversion of Mobilehome Park to another Use. Any subdivision of an existing mobilehome park or conversion of an existing mobilehome park to another land use is subject to the following requirements:

1.

Permit Requirement. Conditional use permit approval (Section 17.62.060).

Application Content. The conditional use permit application shall include any report required by Government Code Section 66427.4 or 65863.7, as applicable, in addition to all information required by Section 17.60.030.

F.

Special Notice Requirement. As required by Government Code Section 65863.8, at least thirty (30) days before the public hearing on the conditional use permit to convert the mobilehome park to another use, the department shall notify the applicant in writing of the provisions of Section 798.56 of the Civil Code regarding the responsibility of the applicant to notify residents and mobilehome owners of the mobilehome park of the proposed change in use. No hearing on a proposed mobile home park conversion shall be scheduled until the applicant has verified this notification to the satisfaction of the director.

(Ord. No. 2010-265, § 3, 1-27-2010)

Mobilehomes (identified as manufactured homes by the National Manufactured Housing Construction and Safety Standards Act of 1974) on lots zoned for conventional single-family dwellings, and the storage of mobilehomes are subject to the requirements of this section. Mobilehomes placed in mobilehome parks (Section 17.12.135), that are regulated by the California Department of Housing and Community Development, are not subject to the provisions of this section. Modular (also known as factory-built) housing units are considered the same as single-family dwellings for the purposes of this development code, and are not subject to the provisions of this section.

Mobilehomes to be used as permanent dwellings in compliance with this section are subject to the following requirements:

A.

Certified Mobilehomes. Mobilehomes that are certified under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC Section 5401, et seq.), are subject to the following standards:

1.

Location. As required by Government Code Section 65852.3, mobilehomes for permanent occupancy are considered the same as single-family dwellings, and are permitted by Chapter 17.11 in all zoning districts that allow single-family housing units;

2.

Foundation System. The mobilehome shall be placed on a foundation system in compliance with Section 18551 of the Health and Safety Code; and

3.

Architectural Standards. Mobilehomes shall be designed and constructed with roof eave and gable overhangs of not less than one foot measured from the vertical side of the structure.

B.

Non-certified Mobilehomes. Mobilehomes that are not certified under the National Mobile Home Construction and Safety Act of 1974, and that do not meet the requirements of subsection (A) of this section shall be placed only in mobilehome parks.

C.

Density. The number of certified mobilehomes (as described in subsection (A) of this section) that may be placed on a single parcel shall be the same as the number of single-family dwellings permitted by Section 17.12.030. The number of mobilehomes that may be placed in a mobilehome park is determined by Section 17.12.125.

D.

Storage of Unoccupied Mobilehomes. Unoccupied mobilehomes or portions thereof that are not fixed to a foundation shall be stored only in a mobilehome sales lot, or an approved storage yard.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

Multi-family housing projects shall comply with the following requirements, in addition to all other applicable provisions of this development code. The requirements of this section may be modified through the development plan approval process as set forth in Section 17.62.070, or for a qualifying affordable housing project on a property located within the Affordable Housing overlay zone, as provided in Sections 17.18.060 and 17.22.025.

A.

Setbacks. A proposed building shall be separated from any other building on the site by a minimum of twenty (20) feet. Proposed buildings shall be set back from internal roads and driveways a minimum of ten (10) feet.

B.

Common Outdoor Space. Common outdoor space shall be provided at a ratio of four hundred (400) square feet per housing unit. Common outdoor space does not include (i) required front or street side setback areas, and (ii) areas usable for passive or active recreation.

C.

Private Outdoor Space. Each multifamily housing unit shall be provided with private outdoor open space in the form of patios, decks, fenced yard areas, and other similar amenities, with the following minimum areas:

1.

Studio and one-bedroom units: seventy-five (75) square feet.

2.

Two bedroom units: one hundred fifty (150) square feet.

3.

Three bedroom and larger units: two hundred twenty-five (225) square feet.

D.

Fencing. The development of more than two multifamily housing units shall include the installation of solid wood or masonry fencing along the site perimeter side and rear property lines, in compliance with Section 17.20.100, to the maximum height allowed.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2021-395, § 5D, 10-13-2021)

Permanent outdoor sales, displays and rental establishments which do not entirely conduct business within a structure shall comply with the standards of this section. These establishments include but are not limited to automobile dealerships, automobile rental establishments, equipment sales or rental establishments, and other similar uses. Temporary outdoor sales, storage and display are subject to Section 17.62.030.

A.

Outdoor Merchandise Display. The outdoor display of merchandise shall comply with the following standards:

1.

Screening Required. Except for automobile sales and rentals, an outdoor sales/activity area shall be screened from adjacent streets by decorative solid walls, fences or landscaped berms, a minimum of thirty-six (36) inches high, in a ten-foot landscaped area adjacent to the street property line;

2.

Location of Merchandise. Displayed merchandise shall occupy a fixed, specifically approved and defined location that does not disrupt the normal function of the site or its circulation, and does not encroach upon required parking spaces, driveways, pedestrian walkways, or required landscape areas. These displays shall also not obstruct sight distance or otherwise create hazards for vehicle or pedestrian traffic; and

3.

Signs. Generally, there shall be no signs in addition to that allowed by Chapter 17.30 that are visible from the street. Pricing signs shall be no larger than necessary to be read by on-site shoppers as determined by the director.

B.

Outdoor Storage Areas. Where permitted by Article II all outdoor storage areas shall be entirely enclosed and screened by a solid wall or fence at least six feet in height.

(Ord. No. 2010-265, § 3, 1-27-2010)

When permitted in the zoning district applicable to a site, pursuant to Section 17.11.010 of this Development Code, all new massage therapy uses are subject to the provisions of this section.

A.

General Requirements. The following requirements apply to all new massage therapy uses.

1.

All persons, whether as agents, assistants, employees or independent contractors, who provide massage therapy services to another person in a facility or establishment shall, at all times, be certified by the California Massage Therapy Council (CAMTC).

2.

All persons who provide massage therapy services to another person in a facility or establishment shall, at all times, prominently display his or her California Massage Therapy Council (CAMTC) certificate at that facility or establishment.

3.

All business establishments offering massage therapy services shall maintain on the premises at all times all applicable county and state licenses, certificates and permits.

4.

Massage therapy services may be offered at a medical clinic, beauty/nail salon or similar establishment as an incidental activity consistent with the requirements of this section. As used herein, a beauty/nail salon means a facility or establishment that offers any services that are regulated by, or subject to, the California Barbering and Cosmetology Act and pertinent sections of the California Code of Regulations.

5.

Once annually, on or before January 15 of each calendar year, each massage facility or establishment, established on or after the date of the ordinance codified in this section, shall furnish the city with copies of a California Massage Therapy Council certificate for each employee, agent, assistant or independent contractor who provides massage therapy services at that facility or establishment.

6.

Any establishment that provides massage therapy services shall notify the city in writing at least fifteen (15) days in advance of the effective date of a plan to rename, change management, or convey the business to another person.

B.

Occupancy. Prior to the issuance of an occupancy permit for any new establishment that provides massage therapy services, the applicant shall furnish the city with a copy of a valid and current certificate issued by the California Massage Therapy Council for each employee, agent, assistant or independent contractor who will provide massage therapy services at the time of business opening.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-296, § 2, 4-25-2012)

A.

Purpose and Applicability. The following provisions establish standards and procedures for the siting and operation of various types and sizes of commercial recycling facilities. Any recycling facility intending to operate in the city shall comply with all provisions of this section:

B.

Permit Requirements. Recycling facilities in all commercial zoning districts shall first obtain the required permit according to the following schedule:

C.

Development and Operating Standards. All recycling facilities shall comply with the following specific standards:

1.

Reverse Vending Machines. Reverse vending machine(s) located on a commercial site shall not require additional parking spaces for recycling customers, and may be permitted in all commercial zoning districts, subject to administrative plan review and compliance with the following standards.

a.

Accessory Use Only. The machines shall be installed as an accessory use.

b.

Location Requirements:

i.

If located inside a structure, the machines shall be within thirty (30) feet of the entrance and shall not obstruct pedestrian circulation; and

ii.

If located outside a structure, the machines shall not occupy parking spaces required by the main use.

c.

Maximum Size. The machines shall occupy no more than fifty (50) square feet for each installation, including any protective enclosure, and shall be no more than eight feet in height.

d.

Signs. The machines shall have a maximum sign area of four square feet per machine, exclusive of operating instructions.

e.

Lighting. Reverse vending machines shall be illuminated to ensure comfortable and safe operation, if operating hours are between dusk and dawn.

f.

Materials. If located outside a structure, the machines shall be constructed of durable waterproof and rustproof material.

g.

Hours of Operation. The machines shall have operating hours consistent with the operating hours of the main use.

2.

Small Collection Facilities. Small collection facilities are permitted within the CR, CMU and CB zoning districts, subject to conditional use permit approval and compliance with the following standards.

a.

Location Requirements. Small collection facilities shall:

i.

Be set back at least forty-five (45) feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation;

ii.

Not be located in any required parking, access, or sight distance area of any required setback;

iii.

Not be located within fifty (50) feet of any parcel zoned or planned for residential use; and

iv.

Permanently locate any containers provided for after-hours donation of recyclable materials at least thirty (30) feet from any property zoned or occupied for residential use.

b.

Maximum Size. Shall be no larger than five hundred (500) square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

c.

Appearance of Facility. Collection containers, site fencing, and signs shall be of a color and design so as to be both compatible and harmonious with the surrounding uses and neighborhood and any scenic corridor requirements.

d.

Landscaping and Screening. The facility shall:

i.

Not reduce or elimination the landscaping required by Chapter 17.26 for any concurrent use allowed by these regulations;

ii.

Be screened from view from adjacent public rights-of-way through the use of fencing, landscaping, or other approved materials, in compliance with Section 17.20.100; and

iii.

Be subject to landscaping and/or screening as determined through conditional use permit.

e.

Parking Requirements.

i.

No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the main use. One space shall be provided for the attendant, if needed;

ii.

Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present; and

iii.

Use of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the main use unless a parking study shows that existing capacity is not fully utilized during the time the recycling facility will be on the site.

f.

Signs. Signs may be provided as follows:

i.

Recycling facilities may have identification signs with a maximum area of fifteen (15) percent or twelve (12) square feet per side of the structure whichever is greater. In the case of a wheeled facility, the side shall be measured from the ground to the top of the container;

ii.

The sign shall contain only the hours of operation, redemption values, and the name of the operator, owner or beneficiary; and

iii.

Directional signs, in compliance with Chapter 17.30, bearing no advertising message, may be installed with prior approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

g.

Operating Standards. Facilities shall:

i.

Accept only glass, metal or plastic containers, paper and reusable items;

ii.

Use no power-driven processing equipment except for reverse vending machines;

iii.

Use containers that are constructed with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule;

iv.

Store all recyclable materials in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present; and

v.

Be maintained free of litter and any other waste materials, and the site for mobile facilities, at which truck(s) or containers are removed at the end of each collection day, shall be swept at the end of each collection day.

h.

Hours of Operation. Attended facilities located within one hundred (100) feet of a property zoned or occupied for residential use shall operate only between the hours of nine a.m. and seven p.m. on any day except legal holidays.

3.

Large Collection Facilities. A large collection facility which is larger than five hundred (500) square feet, or on a separate parcel not accessory to a primary use, which has a permanent structure may be allowed in the CB zoning district subject to conditional use permit approval and the following standards.

a.

Location Requirements. The facility shall not abut a parcel zoned or planned for residential use.

b.

Container Location. Any containers provided for after-hours donation of recyclable materials shall be permanently located at least one hundred (100) feet from any property zoned or occupied for residential use , constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials.

c.

Screening. The facility shall be screened from the public rights-of-way, within an enclosed structure, or behind fences, walls or landscape screening.

d.

Setbacks and Landscaping. Structure setbacks and landscape requirements shall be those provided for the applicable zoning district.

e.

Outdoor Storage. All exterior storage of material shall be in sturdy containers which are secured, and maintained in good condition at all times. No storage, excluding truck trailers, shall be visible above the height of the wall or other screening barrier.

f.

Operating Standards. The facility shall be operated and maintained in compliance with the following:

i.

The site shall be maintained clean, sanitary and free of litter and any other waste materials, and shall be cleaned of loose debris on a daily basis. Temporarily stored materials shall be moved to an approved processing site as soon as practical; and

ii.

No dust, fumes, odor, smoke, noise or vibration above ambient levels shall be detectable from adjacent parcels.

4.

Time Limits. Any permit issued in compliance with this section shall have a maximum term established by the approved land use permit. Prior to permit renewal, the director shall consider the permittee's history of compliance with the established conditions of approval, as well as the provisions of this section and the Municipal Code in determining whether the permit shall be renewed.

D.

General Standards. All recycling facilities shall comply with the following standards:

1.

Signs. Facilities shall be provided identification and informational signs, as follows, provided that all signs shall meet the standards of the applicable zoning district.

a.

All collection containers and reverse vending machines shall be clearly marked to identify the type of material which may be deposited, and display a notice stating that no material shall be left outside the recycling enclosure or machine; and

b.

The facility shall be clearly marked to identify the name and telephone number of the operator and the hours of operation.

Identification and informational signs and directional signs bearing no advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.

2.

Refuse Disposal. The facility shall maintain adequate on-site refuse containers for the disposal of non-recyclable, nonhazardous waste.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

When permitted in the zoning district applicable to a site, pursuant to Section 17.11.010 of this development code, specific residential accessory uses are subject to the provisions of this section. Residential accessory uses include any use that is customarily related to a residence including swimming pools, workshops, studios, storage sheds, greenhouses and garages. Residential accessory structures for the purpose of this section shall not include secondary housing units which are regulated by Section 17.12.170.

A.

General Requirements. All accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this section for specific uses.

1.

Relationship of Accessory Use to Principal Use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the principal use.

2.

Setback requirements: as provided by Section 17.13.020.

B.

Antennas. Antennas are subject to the provisions of Section 17.12.050.

C.

Decks. Decks are subject to the setback requirements of Section 17.20.180(E). The walking surface of a deck shall not exceed a height of five feet above finished grade.

D.

Garage/Yard Sales. The sale of miscellaneous items by residents from a yard or open garage is permitted up to four times per year per property, for a maximum of three days per sale.

E.

Garages. A garage shall provide at all times the minimum space required to accommodate the number of off-street parking spaces required by this title. A detached accessory garage shall not occupy more than five hundred (500) square feet per dwelling unit (including any workshop or storage space within a garage) unless a larger area is authorized by the commission through a site plan review. The floor area of an accessory garage that is attached to a principal structure is not limited, except as may be required by Title 15.

F.

Greenhouses. An accessory greenhouse may occupy up to five hundred (500) square feet per dwelling unit or ten (10) percent of the lot, whichever is smaller. Larger greenhouses shall be considered to be plant nurseries, and are permitted only in the CL zoning district.

G.

Home Occupations. Home occupations are subject to the requirements of Section 17.12.100.

H.

Swimming Pools/Spas/Hot Tubs. Private swimming pools, spas and hot tubs are permitted accessory to approved residential uses on the same site, subject to the following provisions:

1.

Limitation on Use. The pool is to be used solely by occupants of the dwelling(s) on the same site and their guests.

2.

Setbacks. Except where Title 15 requires greater setbacks, a pool/spa/hot tub shall be located at least five feet from any property line and at least five feet from the main residence. The setback shall be measured from the water line of a pool or spa or from the structure of an above-ground pool/spa hot tub. The setback for an infinity pool shall be measured from the edge of the catch basin (Figure 3-10). Related equipment shall be located at least three feet from the property line.

3.

Except where Title 15 requires greater setbacks, all pool related structures including waterfalls, grottos and slides, when attached to the pool or intended to serve the pool, shall be located at least five feet from any property line.

4.

Fencing. The swimming pool shall be secured by fencing or building walls to prevent uncontrolled access by children, in compliance with Title 15. Chain link fencing is not permitted around private swimming pools; and

5.

For pools and spas, a two-foot minimum setback from the rear or side property line is allowed under special circumstances, and subject to administrative plan review approval, where:

a.

The property line in question abuts an open space area of at least ten (10) feet in width, as measured from the property line, and said open space area is permanently protected or dedicated (through an easement or other dedication) for drainage, slope maintenance and management, or other open space purposes.

I.

Outdoor Recreational Features. Outdoor recreational features such as fireplaces, pizza ovens, barbeque grills and fountains not exceeding six feet in height shall be a minimum of three feet from all property lines. Outdoor recreational features over six feet in height shall be a minimum of seven and one-half feet from a side property line and ten (10) feet from a front and rear property line.

J.

Tennis and Other Recreational Courts. Noncommercial outdoor tennis courts and courts for other sports (e.g., racquetball) accessory to a residential use are subject to the following requirements:

1.

Fencing. Fencing shall be subject to the design criteria of Section 17.20.100 and shall not exceed a maximum height of twelve (12) feet. Fences between six feet and twelve (12) feet in height shall be subject to administrative plan review approval; and

2.

Lighting. Court lighting shall not exceed a maximum height of fourteen (14) feet, measured from the court surface. The lighting shall be directed downward, shall only illuminate the court, shall not illuminate adjacent property and is subject to the standards in Chapter 17.27.

K.

Trash Enclosure. Any trash enclosure visible from the public right-of-way shall meet the following requirements:

1.

The area shall be enclosed with an opaque wall that is compatible, in material, color and texture with the primary or main building. The wall shall be at least four feet high, or the height of the enclosure door in the closed position, whichever is greater.

2.

The enclosure shall be large enough to accommodate at least three ninety-five-gallon carts for trash, recycling and organic waste. Minimum inside dimensions are four feet by ten (10) feet (or forty (40) square feet). The requirement increases sixteen (16) square feet for each additional container.

3.

The storage area must be paved and sufficiently impervious to contain leaks and spills.

L.

Vehicle Storage. The storage of vehicles, including incidental restoration and repair, is subject to Section 17.12.200.

M.

Workshops, Studios, Pool Houses, and Other Similar Structures.

1.

An accessory structure may be constructed or used as a workshop or studio in any residential zoning district solely for (i) noncommercial hobbies or amusements; (ii) for maintenance of the principal structure or yards; (iii) for artistic endeavors, (e.g. painting, photography or sculpture; (iv) maintenance or mechanical work on vehicles owned or operated by the occupants; or (v) for other similar purposes. Any use of such accessory structures for any commercial activity shall meet the standards for home occupations (Section 17.12.100).

2.

An accessory structure may be constructed or used as a pool house in conjunction with a swimming pool. Unless there is an existing pool, the pool shall be constructed and completed prior to pool house construction.

3.

A workshop, studio, pool house or other accessory structure shall not contain a kitchen and/or any other facilities for a kitchen.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012)

This section establishes standards for accessory dwelling units, also known as secondary housing units, where such housing units are allowed by Section 17.11.010.

A.

Legislative Findings. In compliance with Government Code Section 65852.2, the city finds that accessory dwelling units are consistent with the allowable density and with the General Plan and zoning designations for residential single-family areas of the city.

B.

Definitions.

1.

"Accessory dwelling unit" means an attached or detached residential dwelling unit which provides complete independent living facilities for one (1) or more persons, depending on square footage. It shall include permanent facilities for living, sleeping, eating, cooking, sanitation, and shall be located on the same parcel as the single-family or multi- family dwelling is situated.

2

"Converted" or "Conversion" means the repurposing of all or apportion of an existing structure as an accessory dwelling unit entirely within the existing structure building envelope and in accordance with all requirement residential building and construction standards set forth in the applicable California Building Codes.

3.

"Efficiency kitchen" means a cooking facility with appliances and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

4.

"Junior accessory dwelling unit" means a unit that is contained entirely within the walls of a proposed or existing singlefamily residence which provides living facilities for one (1) or more persons. Junior accessory dwelling units are limited to one (1) per residential lot zoned for single-family residences with a single-family residence built, or proposed to be built, on the lot.

C.

Development Standards. A single accessory dwelling unit, or junior accessory dwelling unit as specified in subsection (D), may be allowed on a legal lot located in the RS, RM, RR, HM, RC, PD or OS zoning districts in addition to a primary singlefamily residential dwelling, subject to a zoning clearance, as follows:

1.

Primary Dwelling and Sanitary Sewer Service Required. The lot shall be developed with one (1) legally established detached single-family dwelling and shall be served by sanitary sewer or septic system.

2.

Primary and Accessory Dwellings Not Separable. The accessory dwelling unit shall not be sold separately from the primary dwelling and may be rented.

3.

Accessory Dwelling Unit Appearance. The design of the unit shall conform in general to the design of the primary dwelling.

4.

Short-term Rentals Prohibited. Consistent with Section 17.12.175, the accessory dwelling unit shall not be used for any short-term rental or transient rental or occupancy for any purpose, including but not limited to a vacation, for less than thirty (30) days if that rental or occupancy occurs in exchange for any form of compensation or consideration.

5.

Site Layout and Design Standards. The location and design of an accessory dwelling unit shall comply with the development standards applicable to the property zoning and any applicable overlay zone, as well as the following requirements (Table 2- 4, below). Where any listed standard in Table 2-4 conflicts with a standard for the residential zone or an applicable overlay zone, the standard in Table 2-4 prevails).

Design Standards. The location and design of an accessory dwelling unit shall comply with the development standards applicable to the property zoning and any applicable overlay zone, as well as the following requirements (Table 2- 4, below). Where any listed standard in Table 2-4 conflicts with a standard for the residential zone or an applicable overlay zone, the standard in Table 2-4 prevails).

prohibited in the front yard landscaped areas of the parcel. When a garage, carport, or other covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or is converted to an accessory dwelling unit, the required off-street parking for the primary unit need not be replaced. No additional parking space is required for the accessory dwelling unit if any of the following is true: A. The unit is located within one-half mile of a regularly scheduled public transit stop; B. The unit is located within a city council designated historic district; C. The unit is part of the existing legal primary residence or an existing legal accessory structure; D. On-street preferential permits are required by the city but not offered to the occupant of the unit; or E. A publicly accessible and presently operating car share vehicle parking facility is located within one block of the unit.

6.

Notwithstanding the requirements in Table 2-4, one (1) accessory dwelling unit may be located on any lot that is zoned to allow for single-family residential use, provided that the accessory dwelling unit is contained entirely within the building envelope of an existing legally established primary residential dwelling, or is contained entirely within the building envelope of a legally established accessory structure to the primary dwelling, or within an up to one hundred fifty (150) square feet addition to the existing legally established primary residential dwelling or residential structure if necessary for ingress or egress, and where the accessory dwelling unit has exterior access that is independent from the existing legal primary residence and the side and rear setbacks are sufficient for fire safety as determined by the community development director.

7.

Notwithstanding the standards in Table 2-4 above pertaining to allowable gross floor area, allowable site coverage, minimum side and rear yard setback distances, and maximum height, one (1) accessory dwelling unit shall be allowed when that unit occupies eight hundred (800) square feet or less in gross floor area, the unit does not exceed sixteen (16) feet in height, and the unit would be located on a lot such that the rear and side yard setback distances are not less than four (4) feet.

8.

A permit for an accessory dwelling unit shall not issue before the issuance of a certificate of occupancy or other final approval for the primary dwelling.

D.

Junior Accessory Dwelling Units.

1.

All the requirements under this Section 17.12.170 apply equally for accessory dwelling units and junior accessory dwelling units unless stated otherwise in this subsection for junior accessory dwelling units.

2.

The owner must reside in the single-family residence but may choose to reside within the remaining portion of the structure or the newly created junior accessory dwelling unit.

All junior accessory dwelling units shall include, at a minimum, an efficiency kitchen and living area. It may include separate sanitation facilities or may share sanitation facilities with the existing structure. The junior accessory dwelling unit must include a separate entrance from the main entrance to the proposed or existing single-family residence.

4.

The maximum floor area for a junior accessory dwelling unit shall not exceed five hundred (500) square feet.

E.

Conversion of Existing Structures into Accessory Dwelling Units.

1.

Prior to the approval of an accessory dwelling unit permit for the conversion of an existing structure for which there is no record of a building permit being issued, satisfactory completion of a safety inspection by the city's building official and fire department is required. An applicant must commit to upgrade the accessory dwelling unit to health and safety codes in order to be granted approval of an accessory dwelling unit permit, including without limitations the following items:

a.

Independent entrance to accessory dwelling unit.

b.

Direct access to exterior of building from bedroom (door or window).

c.

Adequate light and ventilation in each habitable room.

d.

Minimum seven-foot high ceiling in all rooms, kitchens, halls, and baths.

e.

Property installed electrical wiring including separate access to electrical shut off.

f.

Proof of structural integrity, including that the foundation is not cracked, damaged, or shifting and the framing is not sagging or deteriorating.

g.

Proof of comfort heating, including heating as required per the Building Code and separate access to gas shut-off, if applicable.

h.

Proof of working plumbing, including kitchen and bathroom facilities with hot water, water heater strapped and properly vented, and connection to approved sewage system.

i.

Proof of fire safety, including hallways serving sleeping rooms must have smoke and carbon monoxide detectors and each sleeping room must have a smoke detector.

Once an inspection by the city's building official and fire department occurs, the applicant is required to correct those items that are identified as violating current health and safety codes for the structure's current use even in the event the applicant decides to withdraw the accessory dwelling unit permit application.

F.

Permit Process.

1.

All proposed accessory dwelling units are subject to review for compliance with the terms of this chapter by the community development director, via a zoning clearance. The director shall complete the review of the application for an accessory dwelling unit permit within sixty (60) days of receipt of a complete submission. Review of, and the denial of or granting of, an application for an accessory dwelling unit permit by the city is a ministerial action. The director shall not approve an application for an accessory dwelling unit permit or issue an accessory dwelling unit permit unless the proposed accessory dwelling unit complies with the requirements of this chapter. The decision of the director shall be final and conclusive.

G.

Permit Termination. An accessory dwelling unit permit validly issued pursuant to this chapter section shall terminate when any one (1) or more of the following occur:

1.

The construction of the accessory dwelling unit allowed by the permit is not begun within one (1) year from the date of permit issuance;

2.

The construction of the accessory dwelling unit allowed by the permit has been abandoned or discontinued for one hundred eighty (180) consecutive days;

3.

The accessory dwelling unit owner files a declaration with the community development director that the permit has been abandoned or discontinued and the accessory dwelling unit has been removed from the property; and

4.

The permit has expired by its own terms.

H.

Fees.

1.

An accessory dwelling unit application must be submitted to the city along with the appropriate fee as established by the city council by resolution in accordance with applicable law.

2.

The city may impose a fee on the applicant in connection with approval of an accessory dwelling unit or junior accessory dwelling unit for the purpose of defraying all or a portion of the cost of public facilities related to its development, as provided for in Government Code Sections 65852.2(f)(1) and 66000(b).

The city will not consider an accessory dwelling unit or junior accessory dwelling unit to be a new residential use for purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless the dwelling unit was constructed with a new single-family or multi-family dwelling.

4.

The city shall not impose any development impact fees upon the development of an accessory dwelling unit less than seven hundred fifty (750) square feet. Any development impact fees charged for an accessory dwelling unit of seven hundred (750) square feet or more shall be charged proportionately in relation to the square footage of the accessory dwelling unit.

5.

The city may charge a fee to inspect an accessory dwelling unit to determine compliance with applicable building standards pursuant to Section 17.48.020.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2017-347, § 3, 2-22-2017; Ord. No. 2019-369, § 3, 1-23-2019; Ord. No. 2020382, § 4, 1-22-2020)

17.12.175 - Short-term rentals or occupancies of property prohibited, except for lawfully approved hotels, motels, and bed and breakfast inns.

Any rental or occupancy of any property or a portion thereof located in the city for any purpose, including but not limited to a vacation, for less than thirty (30) days is prohibited if that rental or occupancy occurs in exchange for any form of compensation or consideration. Short-term rentals or occupancies that occur at lawfully approved hotels, motels, and bed and breakfast inns operated in full compliance with all applicable federal, state, and local rules and regulations including any and all required permits from the city are lawful.

(Ord. No. 2018-364, § 6, 4-25-2018)

The following provisions apply to senior residential projects:

A.

Density Bonus or Other Incentive. A senior housing project shall qualify for a residential density bonus or other incentive, in compliance with Section 17.22.030.

B.

Planning and Location Criteria. The planning and location of the project shall comply with the following requirements:

1.

Land Uses within the Project. Land uses within the project shall be limited to residential, and where allowed by the applicable zoning district, assisted living facilities and accessory retail uses.

2.

Age Limit. Projects shall limit the purchase, lease or occupancy of the dwelling units therein to persons fifty-five (55) years of age and older, unless a different age is required by state or federal law.

C.

Development Standards. Senior residential projects located in commercial zoning districts shall comply with Section 17.12.145. Development standards not established in Section 17.12.145 shall be determined as part of the site plan review process.

D.

Common Areas. Senior residential projects shall include a common area for the use of residents, which may include a sitting room, social areas and a central meeting area of adequate size to accommodate a majority of residents.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2021-395, § 5E, 10-13-2021)

The retail sales of food and beverage products and other general merchandise in conjunction with a gasoline service station is allowed subject to conditional use permit approval in compliance with Section 17.62.060, and the following standards:

A.

Sales Area. Conditional use permit approval may restrict the sales area determined by the review authority to be appropriate because of site characteristics or surrounding traffic patterns.

B.

Permitted Products. Retail sales of non-automotive products shall be limited to items for the convenience of travelers, including film, personal care products, packaged food items, and beverages.

C.

Signs. No exterior signs are allowed to advertise specific items for sale or to advertise products or services offered by persons or entities located off-site.

D.

Parking. On-site parking shall comply with the requirements of Chapter 17.28 and shall include sufficient spaces for all employees on a single shift.

E.

Restrooms. Restrooms shall be provided, and shall be available to customers at all times during business hours.

F.

Facility Upgrading. Applications involving existing stations shall include proposed measures to upgrade the facility to comply all current applicable provisions of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

Restaurants located in shopping centers may occupy up to a total of ten (10) percent of the gross leasable floor area, while the shopping center maintains a parking requirement of one parking space per two hundred fifty (250) square feet of gross floor area, pursuant to Chapter 17.28. Restaurant space exceeding ten (10) percent of the gross leasable floor area of a shopping center may be allowed subject to a conditional use permit, and only when sufficient off-street parking is provided. In such cases the parking requirement shall be one space per one hundred (100) square feet of gross leasable floor area or as determined by a parking study prepared by a registered traffic engineer or similar professional.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.200 - Storage—Outdoor.

A.

Screening Required. Outdoor storage areas shall be effectively screened so as not to be viewed from the public rights-ofway. This screening shall consist of fences, walls, or landscaping as determined by the review authority.

B.

Vehicles for Sale. No vehicles may be stored or displayed for sale on any vacant site or at any vacant commercial/industrial location except in compliance with the land use permit requirements of Section 17.11.010.

C.

Building Materials. Building materials for use on the same premises may be stored on the site only during the time that a valid building permit is in effect for construction.

(Ord. No. 2010-265, § 3, 1-27-2010)

The use of portable storage containers including portable on-demand storage containers, steel shipping containers, and other similar storage containers are allowed under the following conditions:

A.

The portable storage container shall be permitted only after obtaining a temporary use permit in compliance with Section 17.62.030.

B.

There must be no more than one portable storage container per property.

C.

The portable storage container must be no larger than eight feet wide, sixteen (16) feet long and eight feet high and one thousand twenty-four (1,024) cubic feet in volume.

D.

The portable container must not remain at a property in any zoning district in excess of fifteen (15) consecutive days, and must not be placed at any one property in a zoning district in excess of thirty (30) days in any calendar year, except as allowed under Subsection I below.

E.

The portable storage container must be set back a minimum of five feet from all property lines.

F.

The portable storage container must be set back a minimum of five feet from the nearest wall of a building.

G.

The portable storage container must be placed on an asphalt or concrete surface.

H.

The portable storage container must be in good repair and remain free of graffiti at all times.

I.

Portable storage containers associated with the construction at a site where a building permit has been issued and the site is currently vacant are permitted for the duration of construction and shall be removed from the site within fourteen (14) days of

the end of construction. Portable storage containers associated with construction, as allowed under this section, are exempt from subsections A to G.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.225 - Tobacco retailing.

Standards for tobacco retailing:

A.

Cigar and other tobacco product stores, where allowed by Section 17.11.010(F), shall be located no closer than five hundred (500) feet from any primary or secondary school located in the City of Calabasas.

B.

Tobacco retailing, as defined in Section 5.18.020 of the Calabasas Municipal Code, shall not be permitted within five hundred (500) feet of any primary or secondary school located in the City of Calabasas.

C.

It shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's registration pursuant to Chapter 5.18 of the Calabasas Municipal Code for each location at which that activity is to occur.

Distance between properties shall be measured from the property line of one property to that of another utilizing a straight line method.

(Ord. No. 2010-272, § 5, 4-28-2010)

Veterinary clinics and animal hospitals shall be located at least one hundred (100) feet from any residential zoning district, and all facilities for keeping animals during diagnosis or treatment shall be located entirely within a structure.

Veterinary clinics and animal hospitals, which keep animals overnight or for longer periods of time, shall provide an outside area adjacent to the facility for walking or exercising the animals.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.12.240 - Warehouse retail stores.

Warehouse-type retail stores shall be designed and located in compliance with the following standards:

A.

Building and Site Design. Building and site design shall complement surrounding commercial or industrial development. Structures shall be comparable to the architectural and design quality expected of new structures in the area, including quality of materials, structure design and orientation, site design, landscaping and buffering. The structure shall reflect the retail aspect of the use by incorporating storefront features, (e.g., facade ornamentation and special detailing) which identify the entryway and provide pedestrian-level interest to the facade.

B.

Buffering and Screening. These facilities shall be screened or buffered, as appropriate, to ensure compatibility with adjacent land uses. Particular attention shall be given to screening or providing buffers for parking, loading and storage areas, solid waste containers, auto service areas, areas with high noise levels, and other features that are visible or can be heard anywhere off the site.

C.

Development near Residential Zoning Districts. When evaluating applications for warehouse retail stores near residential zoning districts, the review authority shall give particular attention to the potential traffic, noise, visual and other effects of warehouse retail uses on residential uses.

D.

Traffic and Parking.

1.

Parking Lot Layout. The review authority shall specifically consider the impacts of the use and parking of shopping carts on the parking lot design.

2.

Pedestrian Requirements. Because of high on-site pedestrian and auto activity, the design shall include clearly defined structure entrances, specially designated areas to accommodate customer pickup, and pedestrian walks from parking areas to the structure.

3.

Site Location. The use shall be located only on streets determined by the director to have adequate traffic capacity for patrons and product suppliers of such stores.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.13 - RESIDENTIAL DISTRICTS

The purposes of the individual residential zoning districts are as follows:

A.

RS (Residential, Single-Family) District. The RS zoning district is intended for detached, single-family homes, including large lot estates, typical suburban tract developments, small detached single-family homes, and similar and related uses compatible with a quiet, family living environment. The RS zoning district is consistent with the R-SF, residential-single-family, land use district of the General Plan. The designation of an area in the RS zoning district may include establishing a minimum lot area for new subdivisions, expressed as a suffix to the RS zoning map symbol (e.g., RS-8, RS-10, etc.).

B.

RM (Residential, Multifamily) District. The RM zoning district is intended for multiple-family housing developments, including apartments, small detached single-family homes, condominiums, townhomes, duplexes, and related compatible uses. The RM zoning district is consistent with the R-MF, residential-multiple-family, land use districts of the General Plan. The designation of an area in the RM zoning district may include establishing a minimum lot area for new subdivisions, expressed as a suffix to the RM zoning map symbol (e.g., RM-10, RM-20, etc.).

C.

RMH (Residential, Mobile Home) District. The RMH zoning district is intended to accommodate the existing mobilehome park within the city by establishing a specific district enabling the operation of the site and recognizing its contribution to the mix of housing types in the city. The RMH zoning district is consistent with the R-MH, residential mobilehome, land use district of the General Plan.

D.

RR (Rural Residential) District. The RR zoning district is intended to provide for single-family detached housing in a lowintensity, rural setting. The RR zoning district is consistent with the RR, rural residential, land use district of the General Plan.

E.

RC (Rural Community) District. The RC zoning district is applied to areas of older semi-rural residential development with established and clearly evident community character, characterized by semi-rural residential uses. The RC zoning district is consistent with the RC, rural community, land use district of the General Plan.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.13.020 - Residential district general development standards.

A.

General Site Planning and Development Standards. Subdivisions, new land uses and structures, intensifications and alterations to existing land uses and structures, shall be designed and constructed in compliance with the following requirements:

Table 2-5

Residential District General Development Standards

As required by Chapter 17.28 (Parking and Loading)

Parking

1. Except where a suffix to the Zoning Map symbol applies, and Section 17.12.030B requires a larger minimum lot area or overall density.

2. Where mobile home lots rented to tenants in a mobile home park are proposed to be converted to separate lots or parcels, the minimum lot area and setbacks of the proposed lots or parcels may correspond to those of the mobile home lots existing prior to the conversion.

• 3. Maximum number of dwellings allowed on an existing lot and maximum density for subdivisions.
• 4. Densities greater than the minimum may be permitted up to the maximum only if the impacts of the proposed development are less than those identified in Table 6-2 (Development Impacts of Individual Development Projects) in Chapter 17.60 and are consistent with the performance standards in Chapter 17.20.
• 5. See Section 17.20.180 for setback measurement, exceptions, and encroachments.
• 6. See Section 17.20.140 for measurement and exceptions.

B.

Minimum Lot Area and Residential Density. The minimum area for each parcel proposed in a new subdivision and the maximum density of residential development is determined by subsection (A) of this section, except in areas of special limitations.

1.

Minimum Lot Area for Subdivisions. When determined by this section, the minimum area for each parcel proposed in a new subdivision shall be as established by a numerical suffix to the residential zoning map symbol (e.g., RS-8, RR-20, etc.), as follows:

2.

Maximum Density for Residential Development. The maximum allowable density (dwellings per net acre) for residential development is established by the standards for the applicable residential zoning district, as provided in Chapter 17.13, and the standards for the Commercial Mixed Use (CMU) zone, as provided in Chapter 17.14. However, in some instances the residential zoning designation for a particular area on the official zoning map may include a density suffix to the residential zoning map symbol, which, if extant, establishes the maximum allowable net density (in units per acre) for the designated area. For example, RM-12D includes the suffix "12D", which means that the subject site (in the Residential, Multifamily or RM zoning district) may be allowed to develop at a maximum of twelve (12) dwellings per acre.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014; Ord. No. 2021-395, §§ 5F—5I, 10-13-2021)

Chapter 17.14 - COMMERCIAL DISTRICTS

The purposes of the individual commercial zoning districts are as follows:

A.

CL (Commercial, Limited) District. The CL zoning district is applied to areas with access problems, or sensitive environmental features that cannot support the full range of business uses allowed in the CR, commercial, retail, district. Appropriate land uses in the CL zoning district include limited retail and commercial services, restaurants, plant nurseries, business and professional offices, and similar and related compatible uses. The CL zoning district is consistent with the business-limited intensity commercial land use district of the General Plan.

B.

CR (Commercial, Retail) District. The CR zoning district is intended for a broad range of general shopping and commercial service uses. These uses include general retail markets, commercial services, restaurants, automotive repair and service, hardware and home improvement, durable goods sales, commercial recreation, and similar and related compatible uses. The CR zoning district is consistent with the business-retail land use district of the General Plan.

C.

CO (Commercial, Office) District. The CO zoning district permits general business offices, medical, professional, real estate, financial, and other offices, and similar and related compatible uses. The CO zoning district is consistent with the businessprofessional office land use district of the General Plan.

D.

CMU (Commercial, Mixed Use) District. The CMU zoning district is intended to provide for mixed-use developments with innovative site design and pedestrian orientation. Appropriate land uses include a broad range of office, retail, commercial services, high-intensity residential uses, entertainment, and similar and related compatible uses. The CMU zoning district is consistent with the mixed use land use district of the General Plan.

E.

CB (Commercial, Business Park) District. The CB zoning district is applied to areas that will serve the office and light industrial needs of the community. Appropriate land uses include a broad range of office, light industrial uses, limited warehousing, and similar and related compatible uses. The CB zoning district is consistent with the business-business park land use district of the General Plan.

F.

CT (Commercial, Old Town) District. The CT district defines the limits of Old Town Calabasas. Within this area, a variety of office, retail, and other commercial uses are appropriate, to the extent that development is designed to preserve and enhance the area's historic character, and comply with the Old Town Calabasas Master Plan and Design Guidelines. The CT zoning district is consistent with the Old Town land use district of the General Plan.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

General Site Planning and Development Standards. Subdivisions, new land uses and structures, and intensifications and alterations to existing uses or structures shall be designed and constructed in compliance with the following requirements.

NOTES:

• 1. Maximum number of dwellings allowed on an existing lot.
• 2. New projects must include a minimum twenty (20) percent of the overall floor area for residential uses. Renovations or additions that retain the site in its current uses are not subject to this requirement.
• 3. See Section 17.20.180 for setback measurement, exceptions, and encroachments.
• 4. See Section 17.20.140 for measurement and exceptions.

B.

Floor Area Ratio (FAR). The minimum and maximum floor area for each parcel and the maximum density of residential development is determined by subsection (A) of this section.

1.

When calculating the maximum FAR allowed on a site in the CMU, CR and CT zoning districts, the maximum FAR shall include the maximum number of allowed dwelling units.

2.

The maximum FAR in the CMU zone shall be as established by a numerical suffix to the CMU zoning map symbol. The form of the suffix shall consist of a number specifying the maximum allowable floor area ratio. For example, "CMU-0.95" means that the subject site may be allowed a maximum FAR of 0.95.

In the CMU-1.0 zone, fifty (50) percent of the floor area shall be dedicated to residential uses.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2021-395, §§ 5J, 5K, 10-13-2021)

Chapter 17.16 - SPECIAL PURPOSE DISTRICTS

The purposes of the special purpose zoning districts are as follows:

A.

PD (Planned Development) District. The PD zoning district denotes an area under single or common ownership that warrants detailed planning because of the presence of unique features, environmental conditions or development constraints. The PD zoning district is intended to accommodate a mix of uses with special standards that address the unique features, conditions, and constraints present. The PD zoning district is consistent with the PD land use district of the General Plan.

B.

HM (Hillside/Mountainous) District. The HM zoning district is applied to areas of the city characterized by steep hillsides and rugged terrain, where appropriate development is limited to single-family dwellings and similar, related compatible uses at very low density, designed to avoid areas of severe physical constraints and safety problems. The HM zoning district is consistent with the HM land use district of the General Plan.

C.

OS (Open Space) District. The OS zoning district is intended for areas of the city identified by the General Plan as having important environmental resources and hazards. The OS zoning district is consistent with the open space-resource protection land use district of the General Plan.

D.

OS-DR (Open Space-Development Restricted) District. The OS-DR zoning district is intended for areas of the city with existing open space that have been development restricted through the use of deed restrictions, conservation easements or dedications of common open space as part of an approved subdivision. The OS-DR zoning district will also accommodate publicly owned open space land.

E.

PF (Public Facilities) District. The PF zoning district is applied to land owned and operated by the city, county, state, or federal governments, or school districts, where a governmental, educational, recreational, or other institutional facility is the primary use of the site, and is sufficiently different from surrounding land uses to warrant a separate zoning district. The PF zoning district will also accommodate publicly or privately constructed uses and facilities developed on city-owned land and intended for a purpose found by the city to be in the public interest. The PF zoning district is consistent with the public facilities-institutional land use district of the General Plan.

F.

REC (Recreation) District. The REC zoning district is intended for public and private lands within the city committed to leisure and recreational uses that are primarily open space in character. Allowable uses include city-owned parks, regional recreation facilities, and similar, related compatible uses. The REC zoning district is consistent with the open space-recreational and public facilities-recreational land use districts of the General Plan.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Subdivisions, new land uses and structures, and intensifications and alterations to existing uses or structures shall be designed and constructed in compliance with the following requirements.

Table 2-7

Special Purpose District General Development Standards

Notes:

1. Maximum number of dwellings allowed on an existing lot.

2. See Section 17.20.180 for setback measurement, exceptions, and encroachments.

3. See Section 17.20.140 for measurement and exceptions.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

17.16.030 - Voter approval required for redesignation of open space for non-open space use.

A.

Voter approval required as follows:

1.

No amendment to the General Plan or any specific plan that would redesignate for non-open space use of any property in the city designated OS-R or OS-RP by the Land Use Map of the Calabasas General Plan, adopted on December 10, 2008 by Resolution Number 2008-1159 shall be effective for any purpose until that amendment has been approved by two-thirds of

the voters of the city casting votes on the question. Prior to the placement of such amendment on the ballot, the city shall follow the procedures required by local, state, and federal law, including the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. f. Such an amendment may take effect only upon two-thirds approval of those casting votes on the question.

2.

No amendment to the General Plan or any specific plan that would redesignate for non-open space use any property in the city designated PF-R by the Land Use Map of the Calabasas General Plan, adopted on December 10, 2008 by Resolution Number 2008-1159 shall be effective for any purpose without compliance with the applicable requirements of California law related to the protection of park lands, including Government Code Sections 25550.7, 37111, 37111.1, 38440 through 38462, 38501 through 38510 and Public Resources Code Sections 5400 et seq. If any future amendment of these sections reduce or eliminate requirements for a supermajority council vote or for a vote of the city's electorate, then such supermajority council vote or vote of the electorate shall continue to be required for the redesignation for non-open space use of property in the city designated PF-R.

B.

Subsection A. of this section shall not apply to:

1.

Amendments determined by the council, on the advice of the city attorney, to be necessary to avoid an unconstitutional taking of private property or otherwise required by law;

2.

Reorganization, renumbering or updating elements of the General Plan in accordance with state law, provided that such actions do not reduce the property designated OS-R, OS-RP, and PF-R; or

3.

Amendments which facilitate any of the following land uses: uses permitted in the PF land use district; uses in support of open space uses such as bus shelters, parking facilities, and comfort stations; and public utility facilities (e.g., antennae and pipelines).

C.

Any land designated OS-R, OS-RP or PF-R after July 20, 2005, shall become subject to the requirements of this section upon such designation.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2015-325, § 2, 11-3-2015)