§ 17.18

The overlay zoning districts established by this chapter provide guidance for development and land uses in addition to the standards and regulations of the zoning districts, where important site, neighborhood, or area characteristics require particular attention in project planning. The applicability of any overlay zoning district to specific parcels is shown by the overlay zoning map symbol established by Section 17.10.020 appended as a suffix to the symbol for the primary zoning district. The provisions of this chapter apply to proposed land uses and development in addition to all other applicable requirements of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Purpose and Applicability. The Old Topanga (-OT) overlay zone is applied to the Old Topanga area of the city. This is a mountainous area where existing parcels were created before modern zoning and subdivision regulations required appropriate relationships between parcel size, terrain, and building size. The intent of this zoning district is to:

1.

Ensure that the scale of residential development is in reasonable proportion to the size of the building site and its environmental constraints, including slope and vegetation;

2.

Provide standards for appropriate development in relation to the high fire hazards, flood hazards, access problems, and steep slopes of the areas to which this overlay zoning district may be applied; and

3.

Ensure that development is consistent with the hillside and ridgeline regulations in Article III and the grading ordinance in Title 15.

B.

Permit and Application Requirements. All development within the -OT overlay zoning district shall be subject to site plan review and approval by the review authority. Applications shall include the forms provided by the city, and all information normally required by Section 17.62.030 for a site plan review application. Applications shall also include the following submittals, except where the director determines that existing information on file with the department or readily available to the city makes particular submittals unnecessary.

1.

Additional Submittal Requirements for All Applications. All site plan review applications within any -OT overlay zone shall include the following materials. These materials shall include documentation demonstrating how the project will comply with the performance standards of Chapter 17.20.

a.

Site Plan, Topography. A topographic map prepared by a licensed land surveyor or qualified registered civil engineer, showing the building site, existing slopes, and the location of all trees on the site, at a minimum scale of one inch equals ten (10) feet, with a maximum contour interval of two feet for all areas of the site where grading, other construction, or vegetation removal will occur.

b.

Grading Plan. A conceptual grading plan for all access and lot improvements showing existing and proposed contours, cuts, fills and gradients.

c.

Oak Tree Report. A report prepared by a city-qualified arborist consistent with the city's oak tree ordinance and guidelines.

d.

Hydrology Report. A hydrologic data and hydraulic analysis report, indicating whether there will be potential drainage impacts on the site and other properties, particularly down slope properties, as a result of proposed vegetation removal or changes in natural grades, drainage, and impervious surface. If adverse drainage problems are identified, a mitigation plan may also be required.

e.

Geology and Soils Report. A geology and soils report providing an assessment of site conditions, including geological hazards, that could potentially exacerbate or create (i) damage to the proposed development in the event of a seismic or other geological event, (ii) adverse effects upon existing development including adjacent properties. The conditions assessed are to include, where applicable, soils, slopes, slope failure potential, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk or liquefaction potential. The report shall include recommendations for mitigating the effects of any identified adverse conditions.

f.

On-Site Sewage Disposal Suitability Report. The geology and soils report required by subsection (B)(1)(e) of this section shall be expanded to include: analysis of the suitability of site soils for sewage disposal, a sieve (soils) test, and recommendations for appropriate system design. Where applicable, system design (including disposal field location) shall be consistent with the need to protect the root zones of oak trees, in compliance with Section 17.32.010.

2.

Public Hearing. A public hearing before the commission shall be required in compliance with Section 17.62.020.

C.

Old Topanga Standards. Development within the Old Topanga (-OT) overlay zone is subject to the following requirements, in addition to the standards for Hillside and Ridgeline Development in Section 17.20.150.

1. The FAR shall include the following: house and all its floors, any portion of the garage that exceeds five hundred (500) sq. ft. and all accessory structures that total over five hundred (500) sq. ft. For purposes of this section, accessory structures shall not include hot tubes, jacuzzis, spas and swimming pools if they are not covered or enclosed by a roof or other structure.

2. Allowed setback where the natural grade of the site at the front property line is more than five ft. above or below the elevation of the centerline of the street adjacent to the site.

3. See Section 17.20.140 for height measurement requirements.

1.

On lots fifty (50) feet or less in width, the minimum unobstructed inside dimensions of a garage may be reduced to eighteen (18) feet by eighteen (18) feet.

2.

Sewage Disposal. Proposed development shall be served by the city sewer system, where available. In areas where on-site sewage disposal systems are authorized, the following criteria must be met:

a.

Notwithstanding Article III of Title 15 of this Code, any conventional private sewage disposal system installed, replaced, or renovated shall include additional seepage pits, or subsurface drainfields, equivalent to at least two hundred (200) percent of

the required original system. This requirement shall not apply to replacements or renovations if the property owner demonstrates that the original system or its design can absorb all the sewage effluent. No lot division or construction of any structures on a lot shall be made if such division or construction impairs the usefulness of the two hundred (200) percent expansion area. The requirement of this subsection shall not apply to alternative or demonstration private sewage disposal systems that provide secondary treatment of effluent as defined by this section that are installed, replaced, or renovated pursuant to Article III of Title 15 of this Code.

For purposes of this section, secondary treatment is the processing of sewage effluent by means of a processing device, which produces a sewage effluent containing less than thirty (30) milligrams/liter biochemical oxygen demand, and less than ten (10) milligrams/liter total suspended solids, prior to discharge to an approved subsurface disposal area.

b.

All septic tanks newly installed, replaced or renovated shall be equipped with an outlet sewage effluent filter as required by Article III of Title 15.

c.

Sewage disposal areas shall be located a minimum of one hundred (100) feet from the top of the bank of any watercourse. The director shall decide the location of the top of the bank.

D.

Nonconforming Structures, Alterations and Repairs. Alterations and repairs to any dwelling unit that becomes nonconforming because of the provisions of this chapter shall comply with this section.

1.

Alteration. The enlargement, extension, or structural alteration of a lawfully built dwelling unit that is nonconforming as to height limits and required setbacks may be allowed:

a.

Where proposed additions conform with all applicable provisions of this development code; or

b.

With conditional use permit approval if the exterior limits of new construction do not exceed the height limit or encroach any further into the setbacks than the lawfully built portions of the existing building, and the additions or repairs comply with all other applicable provisions of this development code.

2.

In-Kind Restoration of a Damaged/Destroyed Unit. A lawfully built dwelling unit that has been damaged or destroyed by accident or natural event, may be restored to the same configuration (building envelope) and in the same location on the premises as existed before the effective date of the ordinance codified in this chapter, provided that:

a.

Restoration work pursuant to all required land use approvals and permits begins within two years from the date of damage and is pursued diligently to completion (the building official may authorize additional time to commence and complete reconstruction in cases of natural disaster); and

b.

Reconstruction is in compliance with all applicable current building, plumbing, and electrical code requirements.

Replacement of Damaged/Destroyed Unit with a Different Unit. Reconstruction of a nonconforming structure in a different form or location than existed before its damage or destruction may be authorized through site plan review approval, where the review authority first makes the following findings, in addition to the findings required for site plans by Section 17.62.020(E):

a.

The replacement structure is in a location that has less environmental impacts than the previous location; and/or

b.

The replacement structure is less subject to fire, flood, and/or slope stability hazards than the former structure.

E.

1.

No building, grading or other permit under Titles 15 and 17 of this Code may issue for a major construction project unless the public works director issues an encroachment permit for that project under this section to allow use of public rights-of-way for construction access, storage and staging. The public works director may impose such conditions on such permits as he or she deems necessary to allow reasonable construction access, storage and staging without unduly impairing access to other property in the overlay zone. An encroachment permit shall expire on the earlier of the expiration date stated in the permit or the date on which the building official issues a certificate of occupancy or final inspection approval for the major construction project.

2.

Given the limited street system in the overlay zone:

(i)

No more than three encroachment permits may be effective at any time in an overlay zone;

(ii)

No more than one permit shall be issued on a city block or cul-de-sac within an overlay zone at any given time unless the block or cul-de-sac exceeds one thousand (1,000) lineal feet from intersection to intersection or intersection to terminus;

(iii)

Up to two encroachment permits may be issued on streets or cul-de-sacs exceeding one thousand (1,000) feet in length, from intersection to intersection or intersection to terminus, provided the sites on which major construction projects are locate are at least five hundred (500) feet apart.

3.

The public works director may revoke an encroachment permit in his or her reasonable discretion if:

(i)

A responsible person, as that term is defined in Section 8.20.030 of this Code, violates any condition of the permit or any provision of this Code with respect the property for which the permit issued;

(ii)

The major construction project with respect to which the permit issued is not actively pursued by or on behalf of the permittee for four weeks or more; or,

(iii)

The active pursuit of the major construction project is slower than the pace normally attained by customary construction practices and revocation of the permit is necessary to allow issuance of a permit to another person who demonstrates the ability to promptly pursue a major construction project at the pace normally attained by customary construction practices.

4.

A decision of the public works director to refuse issuance of an encroachment permit under this section, to condition such a permit, or to revoke such a permit may be appealed to the planning commission and city council pursuant to Chapter 17.74 of this title.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2010-267, § 3, 2-10-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

A.

Purpose and Applicability. The Calabasas Highlands (-CH) overlay zone is applied to the Calabasas Highlands area of the city. These are mountainous areas where existing parcels were created before modern zoning and subdivision regulations required appropriate relationships between parcel size, terrain, and building size. The intent of this zoning district is to:

1.

Ensure that the scale of residential development is in reasonable proportion to the size of the building site and its environmental constraints, including slope and vegetation;

2.

Provide standards for appropriate development in relation to the high fire hazards, flood hazards, access problems, and steep slopes of the areas to which this overlay zoning district may be applied; and

3.

Ensure that development is consistent with the hillside and ridgeline regulations of Article III in this title and the grading ordinance in Title 15.

B.

Permit and Application Requirements. All development within the -CH overlay zoning district shall be subject to site plan review and approval by the review authority. Applications shall include the forms provided by the city, and all information normally required by Section 17.62.030 for site plan review application. Applications shall also include the following submittals, except where the director determines that existing information on file with the department or readily available to the city make particular submittals unnecessary.

1.

Submittal Requirements for all Applications. All site plan review applications within any -CH overlay zone shall include the following materials.

a.

Documentation which demonstrates how the project will comply with the Performance Standards in Chapter 17.20, including to the Performance Standards for Hillside Development, Erosion Control Performance Standards, Seismic and Geologic Hazards Management Performance Standards, Stormwater Management and Flooding Performance Standards, and Fire Hazard Management Performance Standards.

b.

Site Plan, Topography. A topographic map prepared by a licensed land surveyor or qualified registered civil engineer, showing the building site, existing slopes, and the location of all trees on the site, at a minimum scale of one inch equals ten (10) feet, with a maximum contour interval of two feet for all areas of the size where grading, other construction, or vegetation removal occur.

c.

Grading Plan. A conceptual grading plan for all access and lot improvements showing existing and proposed contours, cuts, fills and gradients.

d.

Biology Report. If the director determines that biological resources may exist on a site, a report shall be prepared by a qualified professional which identifies important habitats, rare or endangered plant or animal species. The report shall include recommended mitigation measures.

e.

Hydrology Report. A hydrologic data and hydraulic analysis report, indicating whether there will be potential drainage impacts on the site and other properties, particularly down slope properties, as a result of proposed vegetation removal or change in natural grades, drainage, and impervious surface. If adverse drainage problems are identified, a mitigation plan may also be required.

f.

Geology and Soils Report. A geology and soils report providing an assessment of site conditions including geological hazards, that a could potentially exacerbate or create (i) damage to the proposed development in the event of a seismic or other geological event, or (ii) adverse effects upon existing development including adjacent properties. The conditions assessed are to include, where applicable, soils, slopes, slope failure potential, water table, bedrock geology, and any other substrate conditions that may affect seismic response, landslide risk or liquefaction potential. The report shall include recommendations for mitigating the effects of any identified adverse conditions.

2.

Public Hearing. A public hearing before the commission shall be required in compliance with Section 17.62.020.

C.

Calabasas Highlands Standards. Development within the Calabasas Highlands (-CH) overlay zone is subject to the following requirements, in addition to the standards for hillside and ridgeline development in Section 17.20.150:

Height[4] 27 ft. pitched roof 24 ft. parapet roof Downhill Building Walls 15 ft.

1. The FAR shall include the following: house and all its floors, garage and all accessory structures.

2. Allowed setback where the natural grade of the site at the front property line is more than five ft. above or below the elevation of the centerline of the street adjacent to the site.

3. The dimension of the garage may be reduced to eighteen (18) by eighteen (18) feet on lots fifty (50) feet or less in width.

4. See Section 17.20.140 for height measurement requirements. On those sites where the city engineer requires a modification of the grade for drainage purposes, the height shall be measured from the finished grade. The grade shall be raised the minimum amount necessary to meet public health and safety standards.

1.

Sewage Disposal. All newly proposed single-family homes shall connect to the city sewer system in accordance with Title 15 of this Code as required by the most recently adopted Uniform Plumbing Code. For additions to existing homes a connection to the city sewer system shall be required if the addition increases the floor area by more than twenty-five (25) percent or if the addition adds any new plumbing fixtures.

D.

Nonconforming Structures, Alterations and Repairs. Alterations and repairs to any dwelling unit that becomes nonconforming because of the provisions of this chapter shall comply with this section.

1.

Alteration. The enlargement, extension or structural alteration of a lawfully built dwelling unit that is nonconforming as to height limits and required setbacks may be allowed:

a.

Where proposed additions conform with all applicable provisions of this development code; or

b.

With conditional use permit approval if the exterior limits of new construction do not exceed the height limit or encroach any further into the setbacks than the lawfully built portions of the existing building, and the additions or repairs comply with all other applicable provisions of this development code.

2.

In-Kind Restoration of a Damaged/Destroyed Unit. A lawfully built dwelling unit that has been damaged or destroyed by accident or natural event, may be restored to the same configuration (building envelope) and in the same location on the premises as existed before the effective date of the ordinance codified in this chapter, provided that:

a.

Restoration work pursuant to all required land use approvals and permits begins within two years from the date of damage and is pursued diligently to completion (the building official may authorize additional time to commence and complete reconstruction in cases of natural disaster); and

b.

Reconstruction is in compliance with all applicable current building, plumbing, and electrical code requirements.

Replacement of Damaged/Destroyed Unit with a Different Unit. Reconstruction of a nonconforming structure in a different form or location than existed before its damage or destruction may be authorized through site plan review approval, where the review authority first makes the following findings, in addition to the findings required for site plan review by Section 17.62.020(E):

a.

The replacement structure is in a location that has less environmental impacts than the previous location; and/or

b.

The replacement structure is less subject to fire, flood, and/or slope stability hazards than the former structure.

E.

No building, grading or other permit under Titles 15 and 17 of this Code may issue for a major construction project in the Calabasas Highlands Overlay Zone unless the public works director issues an encroachment permit for that project as provided in Section 17.18.020(E) of this title.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2010-267, § 4, 2-10-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014)

A.

Purpose. The -DP overlay zoning district is intended to provide for maximum flexibility in site planning and design for residential, commercial, and mixed-use projects. The -DP overlay zoning district may be applied where site characteristics and environmental resources, adjacent land uses, or other community conditions may be benefited by accommodations in site planning or the design of structures that could not otherwise be accomplished through the development standards required by the primary zoning district. Development plans are encouraged to produce projects of equal or greater quality than that normally resulting from more traditional development.

A DP overlay district may be considered only when the resultant development pattern (when compared to that which would otherwise be accomplished without the overlay) will be more conformant with the policies of the General Plan and more effective in implementation of applicable General Plan policies.

B.

Applicability. The -DP overlay district shall be applied to property through rezoning (an amendment to the Calabasas Zoning Map - see Chapter 17.76), and may be combined with any residential, commercial or special purpose district established by Section 17.10.020.

C.

Allowed Land Uses. Any land use normally allowed in the primary zoning district by Section 17.11.010 may be allowed within the -DP overlay district, except when the ordinance rezoning a site to this -DP overlay zone includes specific limitations on allowable land uses.

D.

Permit Requirements. All development and new land uses proposed within the -DP overlay district are subject to approval pursuant to Section 17.62.070.

E.

Development Standards. Approval of a development plan within the -DP overlay district may include specific modifications to any of the city's adopted street standards, and/or the following development standards which are set forth in this article and Article III: minimum lot area, setbacks, site coverage, floor area ratio, height limits, landscaping or parking. Proposed

development and new land uses within the -DP overlay zone shall comply with all other applicable provisions of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.18.035 - Commercial auto retailer (CAR) overlay zone.

A.

Purpose and applicability. The purpose of the CAR overlay zoning district is to protect an important economic base of the city by incentivizing the development of businesses for automotive sales and service; to safeguard and enhance property values; to protect public and private investment, buildings and open spaces; and to protect and enhance the public health, safety, and welfare.

1.

The CAR overlay zoning district applies to the West Calabasas Road area of the city, as shown on the City's zoning map. This is a Master Planned area where existing parcels were zoned prior to adoption of the City's West Calabasas Road Master Plan which calls for automotive-serving uses in the area. The CAR overlay zoning district accomplishes the following:

a.

Ensures that auto sales and service, and other related automotive uses, are permitted within the area, consistent with the West Calabasas Road Master Plan;

b.

Maximizes density for automotive uses in order to incentivize development consistent with the vision in the Master Plan;

c.

Provides standards specific to appropriate automotive retailing development and operation as well as site development and design.

2.

The CAR overlay zone shall be applied only when automotive related development consistent with that envisioned in West Calabasas Road Master Plan is proposed on a site. Projects proposing a use other than auto sales and service shall follow the development code requirements for the underlying zone.

B.

Development Standards. All development within the CAR overlay zoning district shall comply with all applicable provisions of the Development Code, in addition to the following:

1.

The following automotive-related land uses are permitted by right within the CAR overlay zone district:

a.

Sales of new and used motor vehicles;

b.

Sales of automotive parts and accessories (when accessory to sales of new and used motor vehicles);

c.

Service and repair of motor vehicles (when accessory to sales of new and used motor vehicles);

d.

Car washes and automobile detailing services (when accessory to sales of new and used motor vehicles);

e.

Indoor and outdoor storage of motor vehicles for sale (when accessory to sales of new and used motor vehicles);

f.

Off-site dealership and sales inventory lots (only if stored vehicles are dealership owned, stored for future sales, and storage is not open or available to the general public).

2.

Specific building design and site development standards and guidelines applicable to this zone include those found in the West Calabasas Road Master Plan.

3.

Hours of operation for automotive retailing businesses shall be limited to 7:00 a.m. to 10:00 p.m. Monday through Saturday, and 10:00 a.m. to 6:00 p.m. on Sundays, except as may otherwise be established via a conditional use permit, or as may be allowed on a temporary basis for special events under a temporary use permit (issued by the community development director).

4.

Lighting of rooftop inventory and parking areas shall be limited to levels necessary only for security and safety needs between the hours of 10:00 p.m. and daylight. Glare from site lighting shall not travel to adjacent residential communities. All lighting shall be shielded in conformance with the requirements of Chapter 17.27.

5.

The maximum allowable aggregate floor area for buildings serving an auto sales and service use on a property within the CAR overlay zone may not exceed a net floor area ratio of 0.6.

(Ord. No. 2017-351, § 4, 3-22-2017)

A.

Purpose. The purpose of the -SC overlay zoning district is to protect an important economic and cultural base of the city by preventing the destruction of the natural beauty and environment of the city; to safeguard and enhance property values; to protect public and private investment, buildings and open spaces; and to protect and enhance the public health, safety, and welfare.

B.

Application of Overlay District. The -SC overlay zoning district is intended to be applied to major roadways within the city identified in the General Plan as scenic corridors, from which the traveling public may enjoy scenic views of the hill and mountain areas to the north and south of the city, and scenic views of the city itself and surrounding landscape, from the hill and mountain areas of the city. The boundaries of the -SC overlay along designated scenic corridor roadways shall include all properties:

Located within five hundred (500) feet of a road designated as a scenic corridor;

2.

Located between a designated scenic corridor road and the prominent ridgeline which defines the viewshed from the scenic corridor; and

3.

Where the director determines development may have an impact upon the designated scenic corridor.

C.

Scenic Corridor Permit. All development and proposed land uses within the -SC overlay zoning district shall receive land use permit approval in compliance with Section 17.62.050 by the review authority. Proposed development and land uses that do not require a discretionary permit must still meet the Scenic Corridor Development Guidelines on file with the department.

D.

Development Standards. All development within the -SC overlay zoning district shall comply with all applicable provisions of the Performance Standards for Hillside Development and Urban Design Standards of Chapter 17.20, the Scenic Corridor Development Guidelines adopted by the council, all applicable provisions of this development code, and any applicable specific plan, master plan corridor design plan or design guidelines.

E.

Historic Properties within a Scenic Corridor. A permit shall not be required under this section when a proposed development within the scenic corridor also requires a certificate of appropriateness or other permit under the city's historic preservation ordinance (Chapter 17.36). In addition, any guidelines adopted for the scenic corridor shall apply only if those guidelines do not conflict with any preservation or design guidelines established for historic properties or any provision of the historic preservation ordinance.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Purpose and Applicability. The Park Moderne (-PM) overlay zone is applied to zone defined in Section 17.90.020 of this chapter. Parcels in this neighborhood were developed before modern standards for street access were established and this neighborhood is characterized by narrow, winding and generally inadequate streets. Public safety emergencies, including fires, earthquakes, and land movement may require evacuation of these neighborhoods and emergency access to these neighborhoods by police and fire vehicles and other equipment.

As this neighborhood has developed in recent years, vehicle traffic and parking constraints have made difficult access to and from homes and posed challenges to the provision of public safety services. Accordingly, it is in the interest of the general health, safety and welfare of residents and visitors to this area to control construction activity, with its attendant traffic and parking of large vehicles and use of streets for construction staging, materials storage and access, to prevent these uses from creating unsafe conditions which would arise from multiple, simultaneous construction projects that impair access to and from this neighborhood.

B.

Permit Requirements. No building, grading or other permit under Titles 15 and 17 of this Code may issue for a major construction project in the Park Moderne overlay zone unless the public works director issues an encroachment permit for that project as provided in Section 17.18.020(E) of this title.

(Ord. No. 2010-267, § 5, 2-10-2010)

A.

Purpose. The purpose of the Affordable Housing Overlay (AHO) zone is to encourage production of a greater number of affordable housing units than would otherwise be accomplished under Section 17.22.020.A of this title through a number of less restrictive site development standards, including maximum allowable building height, maximum residential density, maximum allowable floor area ratio, and minimum amount of required on-site open space.

B.

Applicability. The AHO applies to new and redevelopment multi-family housing development projects on Residential Multifamily (RM) zoned properties and new and redevelopment mixed-use development projects on Commercial Mixed-Use (CMU) zoned properties, which are identified within the Housing Element of the Calabasas General Plan as being eligible for the affordable housing overlay, and which are identified on the official zoning map with the "AHO" notation.

C.

Any proposed new or redevelopment multi-family housing project on a property located within the Affordable Housing Overlay zone shall qualify for application of the site development limits described in Section 17.22.025 of Chapter 17.22, but only if the number of new affordable housing units within the project is not less than twenty-five (25) percent of the total number of residential housing units in the project and the new affordable housing units comply with the affordability requirements specified in Section 17.22.025.

(Ord. No. 2021-395, § 3, 10-13-2021)

Article III. - Site Planning and Project Design Standards Chapter 17.20 - GENERAL PROPERTY DEVELOPMENT AND USE STANDARDS