§ 17.01

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