Chapter 17.24 — ART IN PUBLIC PLACES

In its awareness of the aesthetic enhancement and enrichment of the community by the inclusion of fine art throughout the city, the city council adopts this chapter. The goal of Calabasas' art in public places program is to provide a collection of nationally recognized permanent artwork. The program is designed to present the community with a wide range of artwork styles, themes and media, all of the highest quality. All pieces must be of monumental scale in proportion to the size of the buildings. Balance and variety are qualities to strive for as the program grows. This program will provide a collection of public

artworks throughout the city to be enjoyed by all. Therefore, an art in public places fee is established on all applicable building projects within the city.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Any person constructing or reconstructing a commercial building within the city shall be assessed a fee for acquisition of artwork based on the total building valuation. Where the installation of art is impractical or inaccessible, the developer will contribute the assessed fees to the art in public places fund. Art purchased from the fund will be installed within the city at the discretion of the city council based on the recommendation of the art in public places advisory committee.

B.

The fee shall be one percent of the building valuation as computed using the latest building valuation data as set forth by the International Conference of Building Officials (ICBO). The maximum fee per project will be set at one hundred fifty thousand dollars ($150,000.00).

(Ord. No. 2010-265, § 3, 1-27-2010)

Prior to issuance of any certificate of occupancy for a commercial structure, the artist and art project shall be approved by the art in public places advisory committee and the artwork installed after the art in public places advisory committee recommendation is approved by the city council; or the appropriate fees shall be collected by the city building and safety division. A list of professional artists will be provided to the developer to assist in the decision making process and to insure the professional quality of the artwork. The art must be displayed at the building, in a place highly visible to the public. This location will be reviewed by the art in public places advisory committee and approved by the city council before the art is permanently placed.

(Ord. No. 2010-265, § 3, 1-27-2010)

All fees collected under this chapter shall be held in a separate fund of the city. The city manager shall be responsible for maintaining the records relating to the art in public places fund, and these records shall be reviewed and approved by the city council annually.

All fine art purchased with such funds shall be the property of the city. Monies appropriated under this chapter may be used for hiring artists to develop design concepts and for the selection, acquisition, purchase and commissioning of public artworks. Monies appropriated under this chapter may be used for operating costs of the art in public places program, including the cost of public dedications when the artwork is completed. Funds not expended in any given year shall be carried over into the next year and shall be used solely for the art in public places program.

Fees collected under this chapter shall not be used for the following:

A.

Directional elements such as super graphics, signage, or color coding except where these elements are integral parts of the original work of art or executed by artists in unique or limited editions;

B.

Art objects which are mass produced of standard design such as playground equipment or fountains;

C.

Decorative or functional elements or architectural details, which are designed solely by the building architect as opposed to an artist commissioned for this purpose working individually or in collaboration with the building architect;

D.

Landscape architecture and landscape gardening except where these elements are designed by the artist and are an integral part of the work of art by the artist.

(Ord. No. 2010-265, § 3, 1-27-2010)

The works of art are to be enduring original artworks. They should be of the highest quality and craftsmanship. They should engage one's mind and senses while enhancing and enriching the quality of life of the city. The artworks will be generally permanently sited and an integral part of the landscaping and/or architecture of the building. The artwork shall be constructed in a scale that is proportional to the scale of the development.

(Ord. No. 2010-265, § 3, 1-27-2010)

An art in public places advisory committee shall be approved by the city council. The committee shall be comprised of a parks and recreation commissioner appointed by the chair, a planning commissioner appointed by the chair and one at-large member appointed by the city council and the committee shall be advisory to the city council. All members shall be residents of the city. This committee shall provide general oversight of the art in public places program, its projects, the sites, scope of project, artworks, and artists to be selected. The committee shall review and the city council shall approve the developers' choice of artist and proposed art piece prior to any approval of occupancy by the building and safety division.

The composition and ultimate responsibilities of the art in public places advisory committee shall be established by the city council in a separate resolution. A comprehensive policy manual will be developed to outline the program scope and to assist developers in complying with this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.26 - LANDSCAPING

This chapter establishes landscape regulations that enhance a development's appearance, reduce heat and glare, control soil erosion, retain and conserve water, screen incompatible land uses, preserve neighborhood integrity, and improve pedestrian and vehicular traffic and safety.

(Ord. No. 2010-265, § 3, 1-27-2010)

The requirements of this chapter for landscape installation and prior plan approval apply to development as follows.

A.

Compliance with Chapter Required. The requirements of this chapter apply to:

1.

All new residential and nonresidential development;

Landscape alterations in existing developments exceeding fifty (50) percent of the total planted area; and,

3.

Golf courses, community gardens, and existing common open space areas of one acre or more.

B.

Exempt Projects. The following projects are exempt from the provisions of this chapter:

1.

Ecological restoration projects that do not require a permanent irrigation system;

2.

Replacement or repair of existing plant material or irrigation systems in conjunction with routine maintenance, so long as replacement or repair does not exceed fifty (50) percent of the total landscape area;

3.

Interior remodels, tenant improvements (interior modifications only) and approved demolitions; and

4.

Revegetation projects after a wildfire or prescribed burn.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.26.030 - Landscape plan requirements.

A.

Applicability. This section applies to all proposed development, except for the construction of one single-family dwelling on an individual lot that is not constructed in conjunction with two or more units, or proposed on a site with a cut bank of twenty (20) feet or more in height. Applicants for the approval of individual dwellings, except those located in a scenic corridor, shall instead submit a preliminary planting plan with a planting palette, prior to approval of a final building inspection. Individual dwellings located in a scenic corridor shall submit a preliminary planting plan with a planting palette prior to approval by the reviewing authority. Approved landscaping shall then be installed within ninety (90) days of occupancy

B.

Conceptual Landscape Plan. A conceptual landscape plan shall be submitted with any application for a land use permit, subdivision, new development, or major redevelopment, excluding properties in the RS zoning district.

C.

Landscape Documentation Package. After approval of a land use permit application, a landscape documentation package shall be prepared and submitted concurrent with a building permit application. The landscape documentation package shall be approved before building permit issuance.

D.

Content. Conceptual landscape plans and landscape documentation packages shall contain all information specified in the instructions for preparing landscape plans, provided by the department.

E.

Plan Preparation. A conceptual landscape plan and landscape documentation package shall be prepared by a certified landscape professional registered to practice in the state of California, unless waived by the director.

F.

Review and Approval. After initial application review in compliance with Section 17.60.050, the director and a certified landscape professional selected by the director shall review each conceptual landscape plan and landscape documentation package to verify its compliance with the provisions of this chapter. The director may approve the submittal in compliance with this chapter, and may disapprove or require changes to a submittal that is not in compliance.

(Ord. No. 2010-265, § 3, 1-27-2010)

Landscape shall be provided where required by this section, in compliance with Section 17.26.050, in addition to any areas required by Chapters 17.20 and 17.12.

A.

General Locations for Landscape. Landscape shall be provided in the following locations:

1.

Setbacks. All required setback areas shall be landscaped in compliance with this section, except where (i) enclosed and screened from the public right-of-way and adjoining properties by solid fencing, (ii) a required setback is occupied by a sidewalk or driveway.

2.

Unused Areas. All areas shall be landscaped in compliance with this section, except areas (i) identified in a site plan for a specific use or purpose such as a building, parking lot or site amenities; except where enclosed and screened from the public right-of-way and adjoining properties.

3.

Parking Areas. Landscape shall be provided within parking areas in compliance with subsection (B)(2) of this section and Section 17.28.070.

4.

Slopes. All slopes shall be landscaped in compliance with this section, where grading or the removal of natural vegetation has occurred.

B.

Minimum Areas for Landscaping and Pervious Surfaces. Proposed development and new land uses shall be designed, constructed and maintained with minimum areas of landscaping and pervious paving materials in accordance with the requirements of this chapter. Pervious paving materials allow infiltration of water into soil below paving and minimize surface water runoff. Pervious surface materials can include wood slatted decking, pavers, brick or stone with spaces to allow percolation between the surface materials, pervious concrete or asphalt, or other similar methods approved by the director. The water surface of a lake, pond or swimming pool is considered pervious;

1.

Overall Site Requirements. Proposed development and new land uses shall provide the following landscape and pervious surface areas. Specific requirements for parking areas are provided in subsection (B)(2) of this section.

Table 3-10

Minimum Areas for Landscape and Pervious Surface

a.

Whenever there is residential subdivision with permanent open space dedicated as part of the original subdivision approval and which is controlled by the city, another public agency, or an active Homeowners Association, individual lots within that subdivision may receive a credit against the landscape and pervious surface requirements. This credit shall be equal to the percentage of the total dedicated permanent open space within the lot as determined by the director.

b.

Existing single family homes can receive a ten (10) percent credit against the minimum landscape and pervious surface requirements, if a system of storm water management and artificial recharge of precipitation is submitted and approved by the director. Alternative methods may include use of any of the various roof runoff controls: cisterns, rain barrels, dry wells (french drains) and infiltration trenches, stormwater detention tanks, and routing roof runoff through landscape areas. See Figure 3-11.

==> picture [228 x 185] intentionally omitted <==

Parking Area Requirements. Required parking area landscaping shall be provided as set forth herein, and as required by Section 17.28.070E (see also, Figure 3-12 at the end of Section 17.28.070), unless otherwise specified in this chapter. A minimum of thirty (30) percent of all parking lots shall be designed, constructed and maintained as landscaped areas, or other pervious surfacing as approved by the review authority. The landscape and pervious surface required by this subsection may be counted toward compliance with the overall landscape/pervious surface requirements of subsection (B)(1) of this section.

a.

Perimeter Landscaping.

i.

Adjacent to Streets. Parking areas with more than ten (10) spaces adjacent to a public right-of-way shall be designed to provide a landscaped planting strip between the right-of-way and parking, equal in depth to the setback required by the zoning district or ten (10) feet, whichever is less. The buffer should be increased to twenty (20) feet on sites that are deep (two hundred (200) feet or more) or large (fifteen thousand (15,000) square feet or more). Any planting, sign or other structure within the traffic safety visibility area of a driveway shall not exceed forty-two (42) inches in height.

ii.

Adjacent to Residential Use. Parking areas for nonresidential uses adjacent to residential uses shall be designed to provide a landscaped planting strip a minimum of ten (10) feet in width between the parking area and the property line bordering the residential use. A screening wall shall also be provided in compliance with Section 17.20.070(H).

iii.

Side Yard Landscaping—CL, CO and CMU Zones. A minimum of five feet of side yard landscaping shall be provided adjacent to all parking areas abutting nonresidential uses.

iv.

Parking Lot Screening—CB Zone. All parking areas shall be screened to a minimum height of forty-two (42) inches from the top of curb by landscaping, berms/mounding, decorative fences or walls, or appropriate combination of each.

b.

Interior Landscaping.

i.

Planting Strips between Parking Aisles. Parking areas with multiple parking aisles shall be designed to provide a continuous planter strip between each aisle. The planter strip shall be six feet wide, with six-foot by eighteen-foot projecting landscaped islands every ten (10) parking spaces. As determined by the director, adequate pedestrian paths shall be provided throughout the landscaped areas. The planting strips shall include at least one twenty-four (24) inch box shade tree for every three parking spaces. Trees shall be clustered as required by the director.

ii.

Projecting Islands. Planting strips between aisles in parking lots with more than fifteen (15) parking spaces shall include projecting islands to accommodate additional trees and other landscape materials. Islands shall be provided between every ten (10) parking spaces, and shall be a minimum of six feet wide.

iii.

Required Shading. The landscaping program (including tree species selected) shall be designed to provide shading for fifty (50) percent of the parking lot area within fifteen (15) years.

iv.

Bumper Overhang Areas. To increase the parking lot landscaped area, a maximum of two feet of the parking stall depth may be landscaped with low-growth, hearty materials in lieu of asphalt, allowing a bumper overhang while maintaining the required parking dimensions.

v.

Areas not Used for Parking. Areas in a parking lot not used for driveways, maneuvering areas, parking spaces, or pedestrian walkways, shall be landscaped and permanently maintained, in compliance with a program submitted by the applicant and approved by the director.

c.

Curbing and Irrigation. All areas containing plant materials shall be bordered by a concrete curb at least six inches high and six inches wide, and provided with an approved automatic irrigation system.

C.

Specific Zone Landscaping Requirements. The following landscape standards are established for the specified zoning districts, in addition to the standards in subsection (A) of this section. The following landscaped areas may be used to comply with the minimum requirements of subsection (B) of this section.

1.

RS Residential Zone. Fifty (50) percent of the required front setback area shall be permanently landscaped. Street trees shall be planted in front of all structures with a height greater than eighteen (18) feet.

2.

Commercial Zones.

a.

CR Zone:

i.

A minimum ten-foot wide landscape buffer shall be provided along all street frontages. The buffer shall include a landscaped berm with a height of forty-two (42) inches, and two to one slope;

ii.

In instances where a building is not proposed on the property line, a minimum five-foot wide screen planting shall be established along all interior property lines, except that property lines bordering residential zoning districts shall have a tenfoot landscaped setback, including trees at least every twenty (20) feet; and

iii.

Medium-to-large size trees shall be used and in scale with the commercial areas and serve as sidewalk canopies, screening and parking area shade and relief.

b.

CL, CO and CMU Zones. Property lines bordering residential zoning districts shall have a ten-foot landscaped setback where required by the review authority, including trees at least every twenty (20) feet.

c.

CB Zone:

i.

A landscaped area with a minimum width of fifteen (15) feet shall be provided from the property line to parking areas, and of thirty (30) feet from the property line to buildings. The landscaped area shall include meandering sidewalks, appropriate mounded landscaping, lawns, shrubs, street trees and clusters of trees, coordinated to create a continuous design along the street frontages; and

ii.

Landscaping shall be designed to create and enhance the visual quality and park-like nature of development within the CB zoning district. Landscaping shall be used (i) to screen and soften parking areas and other broad expanses of paving as provided above; (ii) to provide a park-like setting for structures; and (iii) to buffer and merge the various uses proposed on a site.

d.

CT Zone: The landscape requirements for the CT zone shall be determined by the Old Town Calabasas Master Plan and Design Guidelines.

3.

Special-Purpose Zones. The landscape requirements for the HM, OS, PF and REC zoning districts shall be established and designed for each individual project as part of land use permit approval for each use.

(Ord. No. 2010-265, § 3, 1-27-2010)

Landscape areas and materials shall be designed, installed, and maintained as provided by this section.

A.

Design Standards and Guidelines. The following features shall be incorporated into the design of the proposed landscape and shown on required landscape plans (Section 17.26.030).

1.

Proposed landscape should relate to the architectural design of the structures on the site, and it should be compatible with the character of adjacent landscaping; provided, that this landscaping complies with this chapter.

2.

The protection and preservation of native species and natural site features and areas is encouraged.

3.

Tree planting is encouraged, in addition to that required by Section 17.26.040. Tree selection shall take into consideration the potential for future root damage to public sidewalks and growth of the tree canopy into or near overhead utilities.

4.

Plants with similar water needs shall be grouped together in distinct hydrozones.

5.

Parkway strips shall include design provisions to ensure blending and smooth transitions between different types and patterns of landscaping, and public and private property. To accomplish the foregoing, parkway strips shall utilize street trees

and complementary landscaping.

6.

When inorganic groundcover is used, it shall be in combination with live plants and shall only be used as an accent feature.

7.

Irrigation systems shall be equipped with smart irrigation controllers.

8.

Landscaping should be designed as an integral part of the overall site plan design. Landscaping and open spaces should not be relegated to pieces of the site left over after buildings, parking, and circulation have been laid out.

9.

Landscape design should accent the overall design theme and reinforce the pedestrian scale of the project through the use of structures, arbors, and trellises that are appropriate to the particular architectural style of the project. Pedestrian amenities should be provided throughout the project including benches, trash receptacles, drinking fountains, and lighting.

10.

Unless a street has an existing landscape theme, whenever landscaping of the public parkway is required it should be designed in coordination with the project's on-site landscaping to provide an integrated design concept along street frontages.

11.

Project entries should be designed as special statements reflective of the character of the project so that they reinforce an identity for tenants, and visitors. Accent planting, specimen trees, enhanced paving, and project entry signs should be used in furtherance of the foregoing.

12.

Deciduous shade trees should be planted on the south and east side of structures to maximize summer shade and winter sun.

B.

Plant Material Limitations. Plant materials shall be selected and installed to comply with the following requirements:

1.

Plant materials shall emphasize drought-tolerant and native species;

2.

Plant materials in areas adjacent to and not physically separated from native chaparral should be selected to prevent invasion of the chaparral.

3.

Trees and shrubs shall be planted so that, at maturity, they do not interfere with service lines, and traffic safety visibility areas. See Section17.20.120(D).

Trees planted near public bicycle trails, pedestrian paths, or curbs shall be of a species and installed in a manner which prevents physical damage to sidewalks, curbs, gutters and other public improvements.

C.

Irrigation. Irrigation systems shall be designed and installed as follows.

1.

Equipment.

a.

Anti-Drain Valves. Integral, under the head, or in-line anti-drain valves shall be installed as needed to prevent low head drainage.

b.

Automatic Control Valves. Different hydrozones shall be irrigated by separate valves.

c.

Controllers. Automatic control systems shall be required for all irrigation systems and must be able to accommodate all aspects of the design. Automatic controllers shall be digital, have multiple programs, multiple cycles (start-times), and have sensor input capabilities.

d.

Rain Sensor Devices. Rain sensing override devices shall be required where appropriate on all irrigation systems.

e.

Soil Moisture Sensors. Soil moisture sensing devices shall be considered where appropriate, such as turf areas.

f.

Sprinkler Heads. Sprinkler heads shall be selected for proper area coverage, application rate, operating pressure and adjustment capability. Sprinklers shall have matched precipitation and application rates within each control valve circuit.

g.

Water Meters. Separate landscape water meters or sub-meters shall be installed for all projects with landscape and nonlandscape areas. Landscape sub-meters, if used, shall be purchased, installed and maintained by the owner.

2.

Recycled Water. For those sites where recycled water systems are feasible (commercial, manufacturing/industrial and common areas for residential developments), a recycled water irrigation system (dual distribution system) shall be required to allow for the current and future use of recycled water in compliance with the requirements of the Las Virgenes Municipal Water District. A recycled water irrigation system shall be designed and operated in accordance with all local and state codes.

3.

Runoff and Overspray. All irrigation systems shall be designed to avoid runoff, low head drainage, overspray or other similar conditions where water flows or drifts onto adjacent property, non-irrigated areas, pedestrian walkways, roadways or structures.

System Performance—Turf Areas. Irrigation systems for turf areas must achieve a minimum distribution uniformity of:

a.

Seventy-five (75) percent for areas of one acre or more of contiguous area;

b.

Sixty-five (75) percent for areas less than one acre but greater than five thousand (5,000) square feet of contiguous area; and,

c.

Fifty-five (55) percent for areas less than five thousand (5,000) square feet of contiguous area.

5.

Water Efficient Systems. Irrigation systems shall be designed to reduce overall water consumption, including irrigation water consumption. The following methods should be utilized in designing water efficient irrigation systems.

a.

Group plants with similar water requirements, and to match these plant groupings with precipitation heads and emitters.

b.

Use drip irrigation for trees, shrub beds and areas of groundcover to eliminate evaporation losses.

c.

Choose low-volume, low-angle sprinklers for lawn areas.

d.

Select heads that fit the size and shape of the areas to be watered.

e.

Program automatic controllers for night irrigation to reduce water losses due to evaporation and wind drift.

f.

Select controllers with adjustable watering schedules and moisture sensors to account for seasonal variations, and calibrate them during installation.

g.

Place three to five inches of mulch on planting beds each spring to minimize evaporation.

h.

Install sub-grade drip irrigation systems to converse water.

D.

Installation. All landscape materials and support equipment shown in an approved landscape documentation package shall be installed on a site as follows:

1.

Timing of Installation.

a.

Building Construction Projects. Except as set forth in Section 17.26.030 (A), required landscape shall be installed and verified by the department prior to approval of a final building inspection or certificate of occupancy.

b.

Residential Subdivisions. The city shall require as a condition of approval that each developer of a residential subdivision record with the county record's office a condition, covenant or restriction against each parcel of the subdivision requiring the complete installation of landscaping in full compliance with this chapter no later than six months from the time title passes to the first purchaser of a constructed residence within the subdivision.

c.

Individual Homes. Prior to approval of a final building inspection, landscape plans shall be reviewed and approved and landscape and irrigation shall be installed.

d.

Delayed Installation. In the event that weather conditions prevent the effective installation of required landscape prior to occupancy, a performance bond in the amount equal to the value of the landscape materials may be permitted, subject to the approval of the director.

2.

Special Requirements for Model Homes. Model homes shall comply with the requirements of this chapter. Code compliant model home landscaping shall include signs identifying the model home as an example of a water efficient landscaping and feature any equipment that has been utilized to achieve water efficiency. The model home shall include information to the visiting public describing the water efficient landscape along with its design, installation, and required maintenance.

3.

Changes to Design. Changes to any portion of an approved landscape documentation package must be approved by the director.

E.

Maintenance of Landscape. Landscape shall be permanently maintained as follows:

1.

General Standard. Maintenance of approved landscape installations shall consist of regular watering, pruning, fertilizing, debris and weed clearing, dead plant removal and replacement, and the repair and replacement of irrigation systems and integrated architectural features.

2.

Maintenance of Common Open Space Areas. For new residential subdivisions, landscaped areas with common open space in excess of one acre, owned and maintained by a homeowner's association shall work with the city to establish a water budget within the first year after installation of all landscaping in the development. The applicant shall have up to five years in which to implement all necessary landscape improvements to the satisfaction of the director.

F.

Oak Tree Removal. No oak tree shall be altered or removed, except one confirmed by city staff as dead, without first obtaining an oak tree permit pursuant to Chapter 17.32.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.27 - Lighting

Exterior lighting on private property within the city shall comply with the requirements of this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

The purpose of this chapter is to provide standards for outdoor lighting in order to protect the suburban, semi-rural and rural character of the City of Calabasas from inappropriate levels of night lighting. It is this chapter's intent to encourage lower level illumination in the city, to institute lighting practices and systems that conserve energy, to provide for lighting that minimizes conflicts with wildlife movement, and to enhance the visibility of natural features during night-time hours. These goals are to be accomplished through the regulation of the types, kinds, construction, installation and use of outdoor electrically powered illuminating devices. Moreover, the purposes of this chapter are to be satisfied without significantly decreasing public safety and security, the utility of recreational spaces or interfering with business activities and economic productivity.

In general terms, the overall legislative intents of these regulations are (i) to minimize artificial light effect on the night sky, (ii) to provide for well designed commercial spaces with appropriate lighting levels, and (iii) to preserve the significance of darkness to the human and wildlife populations occupying the surrounding rural and semi-rural areas in the Santa Monica Mountains National Recreation Area vicinity.

(Ord. No. 2010-265, § 3, 1-27-2010)

This chapter shall apply to all new development proposals including:

A.

Applications for all new commercial, industrial, recreational and residential projects or other permitted uses under the development code;

B.

Lighting in parking lots, parking structures and areas of concentrated parking, including car dealerships;

C.

Private streets and driveways;

D.

Private roadway signs, security lighting, pedestrian sidewalks and bikeways; and

E.

Commercial and residential sports courts (e.g., tennis, basketball, and volleyball).

This chapter does not apply to public property (including city facilities, streets, and parks) or to retrofitting of existing lighting on residential homes (single-family and multifamily) and appurtenant yard landscaping unless an application is filed for a conditional use permit, site plan review or other new development permit subject to planning department review and approval. Residential lighting of sixty (60) watts or less shall not be subject to this chapter. Other specific exemptions are listed in Section 17.27.050. It is the intent of the city to establish a separate and distinct program to extend these standards to public road illumination and lighting at other public facilities.

(Ord. No. 2010-265, § 3, 1-27-2010)

General guidelines are provided to assist the public in designing lighting consistent with this chapter. When considering development proposals with prospective applicants for city permits and entitlements subject to this chapter, the following lighting related guidelines are to be incorporated into project designs to ensure conformance with this chapter:

A.

All outdoor light fixtures installed prior to November 20, 2002, the effective date of this chapter, and thereafter maintained upon private property used for commercial, industrial, recreational or residential purposes (including lighting along private roadways) should limit light trespass and glare through the use of shielding and directional lighting methods, including fixture location and height. Where feasible, exterior lighting pole heights should not exceed fifteen (15) feet in height. Pole heights should be the minimum necessary to achieve appropriate standards set forth in this chapter.

B.

Externally illuminated signs, advertising displays, billboards, and building identification signs should use lighting fixtures which illuminate downward and be fully shielded. These externally illuminated signs shall meet with the light levels set forth in Section 17.27.030(B)(2).

C.

By itself, low-pressure sodium lighting should not be used in outdoor light fixtures due to poor color rendition and the need by public safety personnel to identify color in nighttime environments. A combination of low-pressure sodium lighting and other type(s) of lighting, such as fluorescent light, may be used if color rendition can be maintained through such lighting combinations.

D.

Outdoor light fixtures used to illuminate landscaping, flags, statues, or any other objects mounted on a pole, pedestal, or platform should use a very narrow cone of light for the purpose of confining the light to the object of interest and minimize spill-light and glare. In addition, the lighting of these features and other monuments should meet with the light levels set forth in Section 17.27.030(B)(10).

E.

Light fixtures used for outdoor recreational facilities should be fully shielded except when shielding would cause impairment to the visibility required in the intended recreational activity. In such cases, partially shielded fixtures and directional lighting methods shall be utilized to limit light pollution, glare and light trespass to a reasonable level, as determined by the director, without diminishing the performance standards of the intended recreational activity. Illumination from recreational facility light fixtures shall be shielded to minimize glare extending toward roadways where impairment of the motorist vision might cause a hazard. The lighting of outdoor recreational facilities shall meet with the light levels set forth in Section 17.27.030(B)(7). Outdoor recreational facility lighting in designated scenic corridors should be avoided.

F.

All exterior lights and illuminated signs should be designed, located, installed and directed in such a manner as to prevent objectionable light at (and glare across) the property lines and vision impairing glare at any location on or off the property. No permanently installed lighting should blink or flash. All lighting fixtures should be appropriate in scale, intensity, and height for the architectural design and building uses proposed.

G.

Landscaping should be required in areas where plantings can reduce visible glare and enhance natural surroundings.

H.

Lighting fixtures located along roadways and parking lots should be fitted with glare shields or be cut-off type fixtures.

I.

The location of lighting fixtures along rural scenic corridor roadways should be consistent with adopted streetscape plans (where applicable) and shall be situated at intersections and corners to increase visibility of these sections of the roadway.

J.

Lighting fixtures intended for security purposes should be equipped with motion sensors.

K.

All design solutions requiring commercial light standards and poles over fifteen (15) feet in height should be redesigned to accommodate lower elevation poles.

L.

Exterior lighting within scenic corridor overlay zoning district should be limited to lighting types and levels that are necessary for safety and security.

M.

Exterior commercial lighting should have lighting controls such as photocells and other controls which l turn-off lighting during daylight hours.

N.

New single-family residential projects should be encouraged to install dimmers on both interior and exterior lighting fixtures.

(Ord. No. 2010-265, § 3, 1-27-2010)

The purpose of the following lighting standards is to provide staff and applicants guidance about appropriate lighting levels for a variety of land uses:

A.

The standards herein can be measured using an illuminance meter (light meter) by city staff or an agent with training in lighting measurements. Measurements shall be taken immediately outside the cone of illuminance below a fixture.

B.

Lighting design engineers shall use the following maximum thresholds in developing photometric plans for new developments. Some flexibility in final lighting design values should be permitted, but in general, the following values should be considered illumination limits:

1.

Roadway Lighting. Lighting for roadways shall provide adequate illumination for safe and efficient vehicular travel. Roadway lighting fixtures shall either be equipped with glare shields or be a high cut-off type of fixture. Lighting of roadways categorized as scenic corridors or identified as wildlife corridors on Figure IV-1 in the General Plan shall be of a minimal level. Fixtures shall be shielded to prevent glare. The following standards should be considered the maximum average lighting values for roadways in these areas. The pedestrian intensity of use values cited below are ordinal scale measures (not quantified) and are intended only to be relative measures of intensity of use. No specific quantities (such as pedestrian

counts) are associated with these ordinal measures. Applicability of standards to various pedestrian levels shall be made by the review authority on a case by case basis.

Scenic or wildlife corridors and developments with few nighttime pedestrians:

Developments with frequent moderately heavy nighttime pedestrian activity:

Developments with heavy nighttime vehicular and pedestrian traffic:

2.

Externally Lighted Roadway Signs. The lighting of roadway signs shall be limited to a level that allows motorists to quickly and easily recognize the sign type and message. The following standards are the maximum horizontal illuminance values for externally lighted roadways.

Rural areas and scenic corridor areas without lighting or areas with very low light levels:

Footcandles on sign 20

Areas with small commercial developments and lighted roadways:

Footcandles on sign 40

Areas with high street lighting levels and brightly lighted signs:

Footcandles on sign 80

3.

Parking Lot. The lighting for parking lots shall be to a level that provides for the safe movement of vehicles and pedestrians. Parking lot lighting fixtures shall either be equipped with glare shields or be of a high cut-off type. Lighting fixture standard heights shall not be in excess of what is necessary to meet the recommended lighting levels. Lighting poles shall not exceed fifteen (15) feet in height. Decorative standards consistent with neighborhood architecture and adopted design and streetscape plans shall be employed in lighting plans. The following standards are the maximum average lighting values for parking lots:

Footcandles on parking surface 0.2 Uniform Ratio (maximum to minimum) 20:1

4.

Parking Garages. The following standards are considered maximum average lighting values for parking garages, except that the top level of parking garages should be no greater than is necessary to ensure pedestrian safety and visibility:

5.

Security Lighting. If security lighting is located in an area where it is not continuously required y, fixtures shall be equipped with motion sensors. The following standards are maximum average lighting values for security lighting in large open areas:

6.

Pedestrian Sidewalks and Bikeways. The lighting for pedestrian sidewalks and bikeways shall be to a level that increases pathway visibility and the safety of pedestrians. The following standards are the maximum average lighting values for pedestrian sidewalks and bikeways in these areas.

Scenic and wildlife corridors and developments with few nighttime pedestrians:

Footcandles on pavement 0.2

Intermediate—Medium-sized residential and business developments with frequent moderately heavy nighttime pedestrian activity:

Footcandles on pavement 0.6

Developments with heavy nighttime vehicular and pedestrian traffic:

Footcandles on pavement 1.0

7.

Sports and Recreation Areas. The lighting of sports and recreation areas shall be to a level that allows for clear and accurate visibility of all elements of the activity. High uniformity and low glare shall permit adequate play visibility. Lighting fixtures within these areas shall be correctly aimed to provide maximum task illuminance while limiting glare and light trespass. These lighting fixtures shall be adequately shielded to prevent glare from extending into surrounding properties. Sports and recreation lighting shall be turned off by eleven p.m. Frequently used lighted recreational facilities should not be located in

residential neighborhoods but should, whenever possible, be located in areas buffered from such neighborhoods by open space, institutional, industrial, or commercial uses. The following standards are considered the maximum average lighting values for sports and recreation area lighting.

Baseball and softball:

Basketball:

Football and soccer:

Roller hockey:

Tennis:

Volleyball:

8.

Service/Gas Stations. The lighting of service/gas stations shall be to a level that provides customers with a safe and secure environment while limiting glare under canopy areas. Glare to adjacent roadways shall be reduced by either limiting the

visibility of lighting fixtures through the use of shields or by reducing the illuminance to the levels set forth herein. The following standards are the maximum average lighting values for a service/gas station.

Pump island area:

Footcandles on pavement 5.0

Service areas:

Footcandles on pavement 2.0

9.

Auto Dealerships. The lighting of car dealerships should provide lighting levels that evenly disperse light over display lots. Lighting programs for dealerships should be designed to attract customers to the vehicles without producing excessive glare to adjacent roadways and surroundings. Auto dealership display lighting shall be turned off (except for motion sensor security lighting) by eleven p.m. Fixtures located in inventory lots shall provide adequate levels for inspection of the vehicles while minimizing glare. Lighting levels for car dealerships shall be separated into three distinct categories:

a.

Illumination for display should be concentrated around building frontage and sales entry areas. Display lighting shall be limited to no more than thirty (30) vehicles. Display areas should also be proportionate to facility size.

b.

Inventory lots are designed for the storage of automobile sales inventory. These lots shall occupy no more than forty (40) percent of the total outdoor vehicle parking lot area.

c.

Storage lots shall be designed to accommodate the remainder of a dealership's vehicle inventory (i.e., vehicles that are not within the display or inventory lots). Storage lots shall form over fifty (50) percent of the parking area for an automobile dealership.

The following standards are the maximum average values for auto dealerships.

Display/advertising area:

Inventory and entrance/driveways:

Storage lots:

Footcandles on pavement 2.0 Uniform Ratio (maximum to minimum) 5:1

10.

Monuments (e.g., flags, statues, or other objects mounted on a pedestal, platform or pole). The monument lighting shall provide levels that sufficiently preserve the visibility of the physical characteristics of the monument. Lighting fixtures shall either be shielded or be of a cut-off type to prevent glare from intruding on the public right-of-way or adjacent properties. The following standards are considered the maximum average lighting values for lighting monuments:

Footcandles on vertical target 5

(Ord. No. 2010-265, § 3, 1-27-2010)

Submission Contents. The applicant for any project subject to this chapter shall submit (as part of the application for permit) evidence that the proposed project will comply with this Code. The submission shall contain but shall not be limited to the following:

A.

Plans indicating the lighting location, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices to be installed;

B.

Photographs or other renderings and photometric data of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices to be installed; and other descriptions which may include, manufacturer catalog cuts and drawings (including cross sections where required);

C.

Photometric plan illustrating the model values produced by the designed lighting.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

All commercial outdoor light fixtures legally installed prior to November 20, 2002, prior to the effective date of this chapter, are exempt from this chapter. However any replacement of outdoor commercial light fixtures shall comply with this chapter.

B.

All residential (single and multifamily) outdoor light fixtures legally installed prior to November 20, 2002, the effective date of this chapter, are exempt from of this chapter. Any replacement of outdoor light fixtures on residential properties shall not be required to comply with this chapter unless an application for a planning approval is requested consistent with Section 17.27.015.

C.

All outdoor light fixtures producing light directly by the combustion of fossil fuels, such as kerosene lanterns or gas lamps.

D.

Construction or emergency lighting.

E.

Signs of the type constructed of translucent materials and wholly illuminated from within are exempt from the shielding requirement.

F.

Holiday lighting.

G.

Exterior lighting for a temporary activity with a temporary use permit approved by the department.

(Ord. No. 2010-265, § 3, 1-27-2010)

This chapter is not intended to prevent the use of any design, material or method of installation not specifically proscribed herein.

(Ord. No. 2010-265, § 3, 1-27-2010)

A variance from the requirements of this chapter shall be in compliance with Section 17.62.080 of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

Appeals shall be made pursuant to Chapter 17.74 et seq. and within the times set forth therein for the filing of such appeals.

(Ord. No. 2010-265, § 3, 1-27-2010)

The director is hereby empowered and directed to administer and enforce the provisions of this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.27.100 - Violations and penalties.

A.

Violation of any provision of this section shall be and is hereby declared to be unlawful and a public nuisance. Any violation of any provision of this chapter shall be subject to summary, administrative or judicial abatement of the nuisance by the city, and be subject to fines, penalties, fees and costs imposed by the city or the court pursuant to the summary or administrative abatement procedures contained in this Code or any other provision of law.

B.

Enforcement and penalties shall be consistent with applicable sections of this Code.

C.

Every day that any such violation continues shall constitute a separate offense.

(Ord. No. 2010-265, § 3, 1-27-2010)

All remedies set forth in this chapter are cumulative and may be pursued separately or in combination. Provisions of this chapter are to be supplementary and complementary to all of the city ordinances, the city code, and state law.

(Ord. No. 2010-265, § 3, 1-27-2010)

The city recognizes that the eventual replacement of existing outdoor lighting fixtures that are not in conformity with the provisions of this chapter is as important as the prohibition of new outdoor lighting that would violate this chapter.

A.

Continuation of Nonconforming Commercial Outdoor Lighting. A legally established commercial lighting fixture that does not conform to the provisions of this chapter may continue to be used except that the lighting shall not be:

1.

Structurally altered to extend its useful life;

2.

Expanded, moved, or relocated; or

3.

Re-established after a business has been discontinued for ninety (90) days or more.

B.

Continuation of Nonconforming Residential Outdoor Lighting. No property with a legally established residential (single and multifamily) lighting fixture will be required to comply with this chapter unless there is a new development application submitted for the property. New development application means any of the applications listed in Section 17.15.015.

C.

Correction of Nonconformities Required. When an application is requested for a conditional use permit, site plan review or other development permit, the project site will be required to retrofit all exterior lighting in compliance with this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.28 - PARKING AND LOADING

The purpose of the off-street parking and loading standards of this chapter is to:

A.

Provide sufficient parking facilities to meet the needs generated by the proposed use;

B.

Provide accessible, attractive, secure, properly lighted, and well-maintained and screened off-street parking and loading facilities;

C.

Reduce traffic congestion and hazards;

D.

Encourage the use of alternative modes of transportation by providing for safe, adequate and convenient bicycle and carpool parking;

E.

Protect neighborhoods from the effects of vehicular noise and traffic;

F.

Ensure access and maneuverability for emergency vehicles; and

G.

Provide loading and delivery facilities in proportion to the needs generated by the proposed use.

(Ord. No. 2010-265, § 3, 1-27-2010)

Every permanent land use (including a change of use), and every structure shall comply with the requirements of this chapter.

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

A.

Maintenance of Required Parking and Loading Areas. All covered or uncovered off-street parking and loading facilities required by this chapter shall be permanently reserved for parking and loading purposes. All parking facilities, including curbs, directional markings, handicapped symbols, landscaping, pavement, signs, striping and wheel stops, shall be permanently maintained by the responsible person, as defined in Chapter 1.17, in good repair, free of litter and debris, potholes, obstructions and stored material.

B.

Deferral of Parking Installation. For nonresidential developments of ten thousand (10,000) square feet or more of gross floor area, the director may approve deferral of the installation of one or more required off-street parking spaces to a future date. The applicant shall demonstrate to the satisfaction of the director that the occupant(s) of the site will not need the required parking spaces and that the area temporarily occupied by landscaping or other aesthetic amenities can readily be used for the required parking spaces when needed. The director may impose reasonable conditions, including requiring a phasing plan for parking development and/or the recordation of an agreement providing that the landscaping or other amenity shall be removed by the applicant and the required off-street parking spaces shall be installed if they are needed to serve the use(s) on the site.

C.

Residential Guest Parking. Required guest parking in residential zoning districts shall be designated and restricted for the use of guests.

D.

Recreational Vehicle Parking—Residential Areas.

Storage. The storage of recreational vehicles and boats in residential zoning districts shall be allowed only outside of required setback areas, in compliance with Section 17.20.180(G), except as noted. All recreational vehicles that may be visible from the public view of the front, side, or street side areas of the site shall be screened by a combination of fencing, walls and/or screening landscaping as determined by the director. An encroachment into the side yard setback shall be permitted for storage of recreational vehicles provided that a five-foot emergency access path is maintained around the residence at all times. In no event shall the area devoted to recreational vehicle storage exceed four hundred (400) square feet of any property. A temporary use permit shall be required for storage of all recreational vehicles over six feet in height beyond seventy-two (72) hours.

2.

Parking. No recreational vehicle shall park overnight [except] by permit, in which case the permit shall permit parking for a period of up to seventy-two (72) hours. Property owners shall be limited to a maximum of eight permits per calendar year unless otherwise authorized by the director.

E.

Commercial Vehicle Parking—Residential Areas. No commercial vehicle or trailer, as defined in Vehicle Code Section 630, exceeding eight feet in height or twenty (20) feet in combined total length, when attached to another vehicle or trailer, shall park between the hours of six p.m. and six a.m. on private property or public rights-of-way within residential zoning districts. This prohibition shall not apply to construction sites during the construction process or to vehicles in the process of making deliveries or pickups. Additional requirements for the parking of commercial and oversize vehicles are provided by Chapter 10.12 and city resolution.

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

Each land use shall provide the minimum number of off-street parking spaces required by this section, except where a greater number of spaces is required through conditional use permit conditions of approval.

A.

Expansion of Structure or Change in Use. When a structure is enlarged or increased in capacity, or when a change in use requires more parking than the former use, additional off-street parking spaces shall be provided in compliance with this chapter.

B.

Mixed Uses/Multiple Tenants. A site or facility proposed for multiple tenants or uses (e.g., a hotel with meeting halls, a building with ground-floor shops and second-floor offices or residential units.) shall provide the aggregate number of parking spaces required by this section for each separate use; except where shared parking is allowed in compliance with Section 17.28.050(B).

C.

Parking Required by Development Agreements and Specific Plans. Parking requirements established by development agreements or specific plans supersede the provisions of this section.

D.

Parking Requirements by Land Use. The minimum number of parking spaces shown in the tables within this chapter shall be provided for each use.

Additional Requirements. Additional spaces may be required by the review authority through conditional use permit conditions of approval, where applicable.

2.

Uses not Listed. Land uses not specifically listed in the following table shall provide parking as required by the director. In determining appropriate off- street parking requirements, the director shall use the requirements of the following table as a general guide in determining the minimum number of off-street parking spaces necessary to avoid undue interference with the public's use of the streets.

3.

Rounding of Quantities. Where the number of required parking spaces results in a fraction of 0.50 or higher, the requirements shall be rounded up to the next whole space.

4.

When a parking study is utilized, as allowed in Table 3-11, to determine the required number of parking spaces, the parking study shall be prepared by a licensed traffic engineer and shall be subject to review and approval by the director and city engineer.

Table 3-11 Parking Requirements by Land Use

(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; Ord. No. 2014-311, § 5(Exh. A) , 2-26-2014; Ord. No. 2018-366, § 2, 6-27-2018)

A.

General Parking Reduction. The review authority may grant up to a twenty-five (25) percent reduction in number of off-street parking spaces required by Section 17.28.040 in compliance with Section 17.62.060. The applicant shall provide evidence to demonstrate, to the satisfaction of the director and the city engineer that any requested reduction is necessary for the efficient operation of the subject use and will not result in a parking deficiency.

The review authority may also grant a reduction in off-street parking requirements in compliance with Section 17.62.060 for development projects:

1.

That are located in close proximity to a public transit stop;

2.

Where the applicant agrees to provide housing for low- and very low-income persons in compliance with Section 17.22.030; and/or

3.

Where the applicant agrees to provide transportation demand management (TDM) programs that exceed the minimum requirements of this Code, the Los Angeles County Congestion Management Program, and state law.

B.

Shared Parking Reduction. Nonresidential parking facilities may be shared if multiple uses cooperatively establish and operate the facilities and if these uses generate parking demands primarily during hours when the remaining uses are not in operation. (For example, if one use operates during evenings or week days only, or where patrons are likely to visit more than one business establishment on a single trip.) The applicant shall provide documentation (i.e., shared parking use analysis) to the satisfaction of the review authority, substantiating the reasons for the requested shared parking reduction. Shared parking may be approved only if:

1.

A sufficient number of spaces are provided to meet the greater parking demand of the participating uses;

2.

Evidence satisfactory to the review authority has been submitted by the parties operating the shared parking facility. The evidence shall describe the nature of the uses and the times when the uses operate so as to demonstrate the lack of potential conflict between them; and

3.

Additional documents, covenants, deed restrictions or other agreements as may be deemed necessary by the review authority are executed and recorded with the county recorder's office to ensure that the required parking spaces provided are maintained and used as approved for the life of the nonresidential development.

(Ord. No. 2010-265, § 3, 1-27-2010)

Parking areas shall include parking spaces accessible to the handicapped persons in compliance with this section.

A.

Number of Spaces-Design Standards. Handicapped parking requirements are established by the state and are contained in the California Code of Regulations, Title 24, Part 2, Chapter 2-71, Section 2-7102, and in the California Vehicle Code, Section 22511.8. State law may be amended from time to time, so reference should be made directly to the California Code of Regulations for standards on the required number, dimensions, and location of handicapped parking spaces, signage and related facilities. The department will provide information on current requirements and space design upon request.

B.

Reservation of Spaces Required. All handicapped accessible spaces required by this section shall be reserved by the property owner and tenant for use by the disabled throughout the life of the approved land use.

C.

Upgrading of Markings Required. If amendments to state law change state standards for the marking, striping and signing of handicapped parking spaces, all handicapped spaces within the city shall be upgraded in compliance with the new state standards. This upgrading shall be completed by affected property owners within sixty (60) days of receiving written notification from the city regarding the new state standards.

(Ord. No. 2010-265, § 3, 1-27-2010)

Off-street parking areas shall be provided on the subject site, outside of any public right-of-way, in compliance with this section and Section 17.28.110.

A.

Access.

1.

Driveway Location and Design. Site access driveways shall be located and designed in compliance with Section 17.28.080;

2.

Internal Maneuvering Area. Parking areas shall provide suitable maneuvering room so that all vehicles may enter an abutting street in a forward direction. Single-family homes and duplexes are exempt from this requirement and the director may approve exceptions for other residential projects; and

3.

Parking Space Location. No parking space shall be located so that a vehicle will maneuver within twenty (20) feet of a vehicular entrance measured from the property line.

4.

Vehicle Turnaround/Backup Area. A vehicle turnaround space or backup area shall be provided at the end of all dead-end parking aisles which contain eight or more spaces. The turnaround space or backup area shall be sized to allow for a safe backing movement, and provide a minimum depth of five feet for the width of the aisle. See Figure 3-14.

B.

Adjacent Site Access. Nonresidential development applicants should be encouraged to provide cross-access to adjacent nonresidential properties for convenience, safety and efficient circulation of motor vehicles. A mutual access agreement should be executed where cross-access is provided.

C.

Parking Lot and Space Dimensions.

1.

General Requirements. Parking stalls, aisles, bays and other parking lot features shall be designed and constructed with the minimum dimensions indicated in the following table, and as illustrated by Figures 3-12 and 3-14 set out at the end of this section.

2.

Dimensions for Private Garages or Carports. The following minimum unobstructed inside dimensions shall be provided for private garages and carports:

Table 3-13

D.

Drainage. All required off-street parking/loading areas shall be designed and constructed:

1.

So that surface water will not drain over any sidewalk or adjacent site (drainage from a site to a street across a driveway may be approved), or adjacent parcels;

2.

In compliance with Chapter 17.56 and the city's best management practices, adopted in compliance with the requirements of the National Pollution Discharge Elimination System (NPDES);

3.

To include facilities for the sub-surface filtering of oil and grease contaminants, in new or reconstructed nonresidential parking lots with five or more parking spaces.

E.

Landscaping and Pervious Surface. Required parking area landscaping shall be provided as set forth in Chapter 17.26, and as shown on Figure 3-14 set out at the end of this section, unless otherwise specified in this chapter.

F.

Lighting. Parking areas shall have lighting capable of providing adequate illumination for security and safety in conformance with Chapter 17.27. Lighting standards shall be energy-efficient and in scale with the height and use of the on-site structure(s). Any illumination, including security lighting, shall be directed downward, away from adjoining properties and public rights-of-way. See Figure 3-13 set out at the end of this section.

G.

On-Site Location Required. All parking spaces shall be located on the same parcel as the primary structure or use, unless approved otherwise by the director. The director may approve a portion or all of the required off-street spaces to be located on an adjacent parcel. This approval shall be based on accessibility to the primary structure or use, and the use and development of the neighboring parcel.

The applicant shall provide evidence, to the satisfaction of the director, that a suitable long-term lease or other binding agreement can be executed and recorded which would guarantee that the parcel containing the primary structure or use has an irrevocable right to utilize the adjacent parcel for parking for the life of the approved use.

H.

Screening. Commercial/industrial and public parking areas abutting residentially zoned parcels shall provide a six-foot high wood or decorative masonry wall at the property line adjacent to the residential zoning district, to properly screen the parking area(s), subject to approval by the director. The director may waive or modify this requirement to protect the views of adjacent residences. All decorative wall features shall occur on both sides of the wall.

I.

Shopping Cart Storage. Parking facilities for commercial uses that offer shopping cars for use by patron (e.g. grocery stores) shall contain shopping cart storage areas when appropriate. The dimensions and locations of the storage areas shall be determined by the review authority.

J.

Striping. Parking stalls shall be identified with double, four-inch wide stripes of paint on the parking lot surface, in compliance with Figure 3-15 set out at the end of this section. Parallel spaces may be marked with single lines.

K.

Tandem and Valet Parking. Tandem parking shall not be permitted to satisfy off-street parking requirements, except within mobile home parks. Valet parking shall not be permitted to reduce off-street parking requirements, except within Old Town Calabasas, where authorized by conditional use permit approval. Valet parking operations on sites that meet off-street parking requirements shall be allowed in all commercial districts where authorized by a conditional use permit approval.

L.

Wheel Stops/Curbing. Continuous concrete curbing at least six inches high and six inches wide shall be provided for all parking spaces located adjacent to walls, fences, property lines and structures. All parking lots shall have curbing around all parking areas and aisle planters in compliance with subsection (E) of this section.

M.

Underground parking facilities shall conform to all the provisions of this chapter; provided however, that underground parking facilities may be located in the side, front and rear yards which are completely below the existing ground level of the development. No portion of such facility shall have less than seven feet inside vertical clearance, except doorways may be six feet eight inches.

(Ord. No. 2010-265, § 3, 1-27-2010)

Driveways providing ingress and egress to off-street parking spaces shall be designed, constructed and maintained as follows.

A.

Number of Access Points. One driveway access point per parcel shall be permitted unless the city engineer determines, based on a development/circulation plan submitted by the applicant, or recommendations from the fire department, that more than one access is required to handle traffic volumes or specific designs, such as residential circular driveways. Additional access shall not be permitted if the city engineer determines it will be detrimental to the traffic flow and the safety of adjacent public streets. Whenever a property has access to more than one road, access shall generally be limited to the road with the lowest traffic volume, where the impact of a new access will be minimized. All access from private property to a public street shall require an encroachment permit.

B.

Location of Access.

1.

Distance from Street Intersections. No portion of a driveway access shall be permitted within curb returns. The edge of the access shall not be less than ten (10) feet from the end of curb returns for single-family residential developments. For all other developments, this distance shall not be less than one hundred fifty (150) feet. Where the lot size does not permit the access to be located one hundred fifty (150) feet from the end of curb return, the access shall be located the maximum distance possible from the end of the curb return. This distance does not include the three-foot transition or wing sections on each side of the driveway.

2.

Driveway Spacing. Two or more driveway access points on a public street shall be separated as follows.

a.

Single-Family Residential Development. Where two or more accesses serve adjacent single-family residential parcels, the minimum distance between the nearest points of the two accesses shall be at least twenty (20) feet, unless a shared, single driveway access is approved by the director. The twenty-foot separation does not include the three-foot transition or wing sections on each side of the driveway, and may be reduced by the director for a cul-de-sac street.

b.

Multifamily and Nonresidential Development. Where two or more accesses serve the same or adjacent non-single-family residential development, the minimum distance between the centerline of accesses should be preferably at least two hundred (200) feet on streets with design speeds below thirty (30) mph and three hundred (300) feet on streets with design speeds above thirty (30) mph.

c.

Corner and Double Frontage Lots. For corner and double frontage residential lots, one access on each frontage may be permitted if it is determined by the city engineer that two driveways are needed to provide safe access for traffic entering and leaving the lot because of site distance and geometric design considerations.

3.

Driveway Alignments—Commercial Development. Where commercial lots are not large enough to allow accesses on opposite sides of the street to be aligned, the center of driveways not in alignment will normally be offset a minimum of one

hundred fifty (350) feet on all collector roads, and three hundred (300) feet on all major and arterial roads. Greater distances may be required if needed for left-turn storage lanes.

C.

Driveway Width and Length.

1.

RS Zoning District. Driveways in the RS zoning district shall have direct access to a garage, and a minimum width of eighteen (18) feet within twenty (20) feet of the garage entrance, and the remaining portions of the driveway shall be a minimum width of twelve (12) feet. Maximum width shall be twenty-seven (27) feet for a double or triple garage. The minimum length of a single-family driveway shall be twenty (20) feet measured from the back of the sidewalk to the front of the garage, to permit vehicle parking in the driveway without blocking the sidewalk. Where access to a garage, carport, or open parking space is perpendicular (ninety (90) degrees) to the driveway, a minimum twenty-four-foot deep unobstructed back-out area shall be provided.

2.

RM and Commercial Districts. Within RM and commercial zoning districts, driveways shall be a minimum width of twenty-five (25) feet and a maximum of thirty-five (35) feet. The minimum length of a multifamily driveway serving an individual garage shall be eighteen (18) feet where a roll-up garage door is used, and twenty (20) feet where a non-roll-up door is used, to permit vehicle parking in the driveway without blocking the sidewalk or extending into a traffic lane. Curb return radii shall be a minimum of twenty (20) feet where curb returns are deemed necessary by the city engineer.

3.

Manufacturing/Industrial Uses. Accesses serving manufacturing/industrial uses shall be a minimum of thirty-five (35) feet in width and a maximum of forty (40) feet, with minimum curb return radius of twenty-five (25) feet, or as otherwise specified by the city engineer.

4.

Hillside Properties. Driveways located on hillside properties shall meet the requirements of Section 17.20.150(E).

D.

Access Grades. Residential and commercial driveways shall be designed with grades as shown in Figure 3-16 located at the end of this section, and in compliance with Section 17.20.150(E). Access grades for driveways to underground parking structures may be increased to a maximum of fifteen (15) percent or as approved by the review authority.

E.

Clearance from Appurtenances. The nearest edge of any driveway curb cut shall be at least three feet from (i) the nearest property line (except where the review authority has approved a shared driveway between two parcels), and (ii) the centerline of a fire hydrant, utility pole, drop inlet, traffic signal installation, light standard, or any appurtenance. Street trees shall be a minimum of ten (10) feet from the driveway access.

F.

Sight Distance at Driveways. At least three hundred fifty (350) feet of clear sight distance shall be provided for all access onto local streets; four hundred fifty (450) for collector streets; five hundred fifty (550) feet for arterial streets, unless otherwise approved by the city engineer.

G.

Temporary Access. The director may grant temporary access to underdeveloped property prior to approval of all development permits required by this title, or completion of development, if access is needed for construction. Temporary accesses are subject to removal, relocation, or redesign after all permits are approved in the manner required by the department.

(Ord. No. 2010-265, § 3, 1-27-2010)

Bicycle parking facilities, showers and lockers shall be provided in compliance with this section.

A.

Applicability. Bicycle parking spaces facilities are required for all commercial and industrial uses that have more than fifty thousand (50,000) square feet of floor area. These include buildings owned by the city and used for government purposes. The number of bicycle spaces required is determined by Section 17.28.040.

B.

Bicycle Parking Design and Devices. Bicycle parking areas shall be designed and provided with devices for locking bicycles as follows.

1.

Parking Equipment. Each bicycle parking space shall include a stationary parking device to adequately support the bicycle. At least half of the bicycle parking spaces shall include a stationary parking device that will securely lock the bicycle without a user-supplied cable or chain. Devices that hold the bicycle upright by wheel contact must hold at least one hundred eighty (180) degrees of wheel arc.

2.

Parking Layout.

a.

Aisles. Aisles providing access to bicycle parking spaces shall be at least five feet in width.

b.

Spaces. Each bicycle space shall be a minimum of two feet in width and six feet in length, and have a minimum of six feet of overhead clearance.

c.

Relationship to Building Entrances. Bicycle spaces shall be located no farther than the distance from a main entrance of the building to the nearest off-street motor vehicle parking space.

d.

Relationship to Motor Vehicle Parking. Bicycle spaces shall be separated from automobile parking spaces or aisles by a wall, fence or curb, or by at least five feet of open area marked to prohibit motor vehicle parking.

3.

Signs. Each automobile entrance to a parking facility shall be provided clearly legible signs indicating the availability and location of bicycle parking.

C.

Required Shower Facilities. All new buildings and additions to existing buildings that result in a total floor area shall be required to provide showers and dressing areas for each gender as shown in the following table.

D.

Required Locker Facilities. Land uses required by this section to provide bicycle parking spaces shall also provide one locker for each required bicycle parking space. Required lockers shall be located in relation to required showers and dressing areas to permit access to locker areas by either gender.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Number of Loading Spaces Required. Unless modified by the director in compliance with Section 17.62.020, off-street freight and equipment loading spaces shall be provided for all nonresidential uses, except hotels and motels. The following minimum number of loading spaces shall be provided for each use:

Requirements for uses not specifically listed shall be determined by the director based upon the requirements for comparable uses and upon the characteristics of the proposed use, in compliance with Section 17.28.040.

B.

Development Standards for Off-Street Loading. Off-street loading areas shall be provided in the following manner:

1.

Dimensions. Required freight and equipment loading spaces shall be not less than fifteen (15) feet in width, twenty-five (25) feet in length, with fourteen (14) feet of vertical clearance.

Lighting. Loading areas shall have lighting capable of providing adequate illumination for security and safety. Lighting standards shall be energy-efficient and in scale with the height and use of the structure(s). Any illumination, including security lighting, shall be directed away from adjoining parcels and public rights-of-way and shall conform to the requirements for security lighting in Section 17.27.030(5).

3.

Location. Freight and equipment loading spaces shall be located and designed as follows:

a.

Next to, or as close as possible to, the main structure,

b.

Situated to ensure that the loading facility shall not be visible from any major public rights-of-way,

c.

Situated to ensure that all loading and unloading takes place on-site, and in no case within adjacent public rights-of-way, or other traffic areas on-site,

d.

Situated to ensure that all vehicular maneuvers occur on-site, and,

e.

Situated to avoid adverse noise impacts upon neighboring residential properties, in compliance with city noise regulations.

4.

Screening. All loading areas shall be screened from public view by walls and/or landscaping. Loading areas abutting residentially zoned parcels shall have a seven-foot high solid, architecturally treated decorative masonry wall, approved by the director, to properly screen the loading area(s). All decorative treatments shall occur on both sides of the wall.

5.

Loading Doors and Gates. Loading bays and roll-up doors shall be located on the rear of the structure only. Bays and doors may be located on the side of a building away from a street frontage where it can be demonstrated that the bays, doors, and related trucks will be adequately screened from public view from any public right-of-way.

6.

Striping. Loading areas shall be striped indicating the loading spaces and identifying the spaces for "loading only." The striping shall be permanently maintained by the property owner and tenant in a clear and visible manner at all times.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.28.110 - Trip and travel demand reduction measures.

A.

Purpose. This section provides requirements for new and reconstructed residential, commercial and manufacturing/industrial projects that are intended to reduce vehicle trips and travel demand. These provisions, together with the requirements of this chapter for bicycle parking and support facilities (Section 17.28.090), constitute the city's transportation demand ordinance, in compliance with the Los Angeles County Congestion Management Program (CMP) and state law.

B.

Review of Transit Impacts. The processing of a land use permit or subdivision by the city for any project required to have an environmental impact report (EIR) in compliance with the City of Calabasas CEQA Guidelines shall include assessment of impacts on transit. Transit operators serving the city shall be sent a notice of preparation (NOP) for all contemplated EIRs. Operators shall be given the opportunity as part of the NOP to comment on the impacts of the project, to identify recommended transit service or capital improvements that may be required as a result of the project, and to recommend mitigation measures that will minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operators shall be evaluated in the draft EIR.

Phased projects, projects with development agreements, or projects requiring subsequent approvals, need not repeat this process as long as the director determines that no significant changes (e.g., land use changes, project intensifications, and site circulation system changes.) are made to the project.

C.

Applicability of Development Standards. Specific trip and travel demand reduction measurements shall be incorporated into the design of residential and nonresidential projects as provided by this subsection. All facilities and improvements constructed or otherwise required shall be permanently maintained in good repair.

1.

Residential Developments. Proposed residential developments with thirty (30) or more housing units shall provide the following, as part of the land use or subdivision approval process.

a.

A ridesharing, public transportation, and bicycle information packet to be included with buyer move-in materials;

b.

A transit stop and shelter, or other transit amenities as determined by the city;

c.

Bicycle amenities such as bicycle storage areas and bicycle lanes, paths or routes as determined by the city;

d.

An additional phone/fax/modem line in each housing unit to encourage telecommuting; and

e.

Electric vehicle recharging facilities at each housing unit to encourage the use of electric vehicles.

2.

Nonresidential Developments. Commercial, office and manufacturing/industrial uses shall provide the features set forth in Table 3-16, as part of the land use permit or subdivision approval process. The following subsection (D) of this section provides standards for each of the required features.

Additions to buildings which existed prior to the adoption of the ordinance originally codified as Chapter 10.16 of this Code shall comply with the applicable requirements of this chapter. Existing floor area shall be exempt from these requirements. All calculations shall be based on gross floor area, in square feet.

D.

Development Standards. Where specific trip and travel demand reduction measures are required by subsection (C) of this section, each required measure shall be provided as follows:

1.

Electric Vehicle Recharging. Electric vehicle recharging facilities shall be provided to encourage the use of electric powered vehicles.

2.

Enhanced Access. Access facilities shall be provided as follows:

a.

A safe and convenient zone in which vanpool and carpool vehicles may deliver and board their passengers;

b.

Sidewalks or other designated pathways following direct and safe routes from the external pedestrian circulation system to each building in the development; and

c.

Safe and convenient access from the external circulation system to bicycle parking facilities onsite.

3.

Move-in Materials. The property owner shall provide tenants ridesharing and public transportation information as part of occupancy move-in materials.

4.

Preferential Parking. Preferential parking facilities shall be provided as follows:

a.

Number and Location of Spaces. Not less than ten (10) percent of parking spaces reserved for employees shall be located as close as is practical to the employee entrance(s), and shall be reserved for carpool/vanpool vehicles, motorcycles, and electric and hybrid vehicles, without displacing handicapped and customer parking needs. Spaces reserved for vanpools must be accessible to vanpool vehicles, in compliance with paragraph (4)(c) of this subsection.

b.

Minimum Number of Spaces Required. At least one preferential space shall be provided for projects of fifty thousand (50,000) square feet to ninety-nine thousand nine hundred ninety-nine (99,999) square feet. Two spaces for projects of one hundred thousand (100,000) square feet or more shall be for preferential parking vehicles.

c.

Space Layout and Vertical Clearance. Vanpool vehicle spaces within a parking structure and parking space access routes shall be provided a minimum vertical clearance of seven feet, two inches. Adequate turning radii and space dimensions shall also be provided in vanpool areas.

d.

Information on Space Availability. A statement that preferential parking spaces for employees are available and a description of the method for obtaining the spaces shall be posted at the building's required transportation information center.

e.

Signage and Striping. Spaces shall be signed and striped as required by the director.

f.

Permit Application Information. The preferential parking area shall be identified on a site plan submitted with a land use permit or building permit applications for a project, to the satisfaction of the director.

5.

Shower/Locker Facilities. Shower and locker facilities shall be provided in compliance with Section 17.28.090.

6.

Transit Stop. Transit stop improvements shall be provided, if city determines it to be necessary to mitigate project impacts. The city will consult with the local transit service providers in determining appropriate improvements. When the city requires an applicant to locate transit stops or plan building entrances, the applicant shall design entrances shall be d to provide safe and efficient access to nearby transit stations and stops.

7.

Transportation Information Center. A bulletin board, display case, or kiosk with transportation information shall be located where the greatest number of employees are likely to see it. Information in the area shall include, but is not limited to the following:

a.

Current maps, routes and schedules for public transit routes serving the site;

b.

Telephone numbers for public transportation services, including numbers for the regional ridesharing agency and local transit operators;

c.

Ridesharing promotional material supplied by commuter-oriented organizations;

d.

Bicycle route and facility information, including regional and local bicycle maps and bicycle safety information; and

e.

A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians at the site.

==> picture [356 x 497] intentionally omitted <==

==> picture [373 x 246] intentionally omitted <==

==> picture [211 x 497] intentionally omitted <==

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

Chapter 17.30 - SIGNS*

A.

The purpose of this chapter is to establish uniform sign regulations that are intended to:

B.

Support and promote viable businesses by allowing signage that provides adequate identification, is of high quality design, and appropriate scale and visibility;

C.

Protect the general public health, safety, welfare and aesthetics of the community;

D.

Reduce possible traffic and safety hazards to pedestrians, bicyclists and motorists through safe signage;

E.

Promote signs that identify uses and premises without confusion;

F.

Implement community design standards, consistent with the General Plan;

G.

Promote the community's appearance by regulating the design, character, location, type, quality of materials, scale, color, illumination and maintenance of signs;

H.

Eliminate visual blight and promote safety by reducing the amount of signage throughout the city within constitutional limitations;

I.

Protect the character of residential neighborhoods;

J.

Provide public notice to ensure participation in the democratic process; and

K.

Protect the public safety by allowing signs that serve to direct traffic and to identify locations for the provisions of emergency services by visible street identification signs.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Signs shall only be erected or maintained in compliance with this chapter. The number and area of signs as outlined in this chapter are intended to be maximum standards, which do not necessarily ensure architectural compatibility. The review authority shall consider a sign's relationship to the overall appearance and scale of the site, buildings and the surrounding community, in addition to the standards of this chapter.

B.

It is unlawful for any person to construct, maintain, display or alter or cause to be constructed, maintained, displayed or altered, a sign within the City of Calabasas except in conformance with this chapter.

C.

If a new zoning district is created after the enactment of this chapter, the director shall have the authority to make determinations as to the applicability of appropriate sign regulations in compliance with Chapter 17.03 until this chapter is amended to govern the new zoning district. Any interpretation by the director may be appealed to the commission as provided by Chapter 17.74.

D.

The city's sign design criteria (Section 17.30.060) will be used in the evaluation of sign permit applications to ensure that signs are well designed, compatible with their surrounding, and do not detract from the overall visual quality of the city.

E.

Definitions for this chapter are provided in Chapter 17.90.020.

F.

Noncommercial Sign. Noncommercial sign copy is allowed wherever commercial signage is permitted and such signs are subject to the same standards and total maximum allowances per site, building, or each design type specified in this chapter. An approval is required for a permanent noncommercial sign only when a permanent commercial sign has not been previously approved. For purposes of this chapter, all noncommercial speech messages shall be deemed to be "on-site" regardless of location.

G.

Substitution of Noncommercial Message. Subject to the consent of the property owner, a noncommercial message of any type may be substituted for all or part of the commercial or noncommercial message on any sign allowed pursuant to this chapter. Design criteria which may apply to commercial signs shall not apply to noncommercial signs, including, the following: color, lettering style, and compatibility with other signs on the same parcel or other signs subject to a sign program. No special or additional approval is required to substitute a noncommercial message for any other message on an allowable sign, provided the sign structure is already approved or exempt from the approval requirement. When a noncommercial message is substituted for any other message, the sign is still subject to the same locational and structural regulations, such as size, height, illumination, maintenance, duration of display, building and electrical code requirements, as would apply if the sign were used to display a commercial message or some other noncommercial message. In the event of any perceived or actual conflict between the general provisions of this subsection and other specific provisions in this chapter, the provisions of this subsection shall prevail.

H.

Substitution of Commercial Messages. The substitution of one commercial message for another commercial message is not automatically allowed. The substitution of a commercial message for a noncommercial message is also not automatically allowed. In addition, no off-site commercial messages may be substituted for on-site commercial messages.

I.

Severability Clause. Should any provision of this chapter or a subsequent amendment thereto be held by a court of competent jurisdiction to be either invalid, void or unenforceable, the remaining provisions of this title shall remain in full force and effect.

(Ord. No. 2010-265, § 3, 1-27-2010)

The following signs shall not require approval nor shall the area of the signs be included in the maximum sign area permitted for any site or use:

A.

Required Signs. Official notices required by law, a court, or other government agency.

B.

Government Signs. Signs for traffic, safety, street identification, government services, emergency services, historical locations, interpretive signs, or city-sponsored events.

C.

Educational and directional signs for the purposes of identifying a trail or other recreational amenities in the OS-DR zoning district.

D.

Informational Signs. Signs less than four square feet that indicate the following: addresses, telephone numbers, emergency address and telephone numbers, hours and days of operation, credit information, and whether a business is open or closed. An unlit analog clock that is an integral part of a building's architecture shall also be considered an informational sign.

E.

Window Signs. Temporary non-illuminated window signs advertising products for sale on the premises shall be allowed on the inside portion of the window or on the interior of the building within three feet of the window. No window shall have more than twenty (20) percent of its window area covered by these signs. This limitation shall also include products displayed on the interior of the premises immediately in front of the window when the name of the product is visible.

F.

Noncommercial Flags. Noncommercial flags are exempt but only if they meet the following criteria: (i) a maximum vertical dimension of five feet; (ii) a maximum horizontal dimension of eight feet; (iii) a maximum cumulative square footage of all flags on a parcel of forty (40) ( feet (one side); (iv) a maximum height of pole of twenty (20) feet for one story buildings and twentyfive (25) feet for two story buildings; (v) a maximum number of poles per lot or parcel of one; and (vi) in no case shall a flag pole be higher than the height of the building. In residential zones, unless an administrative plan review is obtained, flags must be house mounted and may not be on freestanding poles. A pole mounted flag in the RS, RC, RR and OS zone may be permitted subject to an administrative plan review but shall be subject to criteria (i) through (v) herein.

G.

Open House Signs. One temporary "open house" sign is exempt, provided it does not exceed three square feet in area on a property for sale, lease or rent. This sign shall only be posted when an owner or salesperson is present. A maximum of two off-site open house directional signs not exceeding three square feet in area shall be allowed and shall contain only the address of the property where the open house is being held and the name of the real estate agent or party holding the open house. Such signs shall be erected and removed on the day the open house is held. Such signs shall not be located on any public right-of-way.

H.

Temporary Noncommercial Signs and Banners. Temporary signs and banners are permitted in all zones subject to the following regulations:

1.

Two temporary freestanding signs per lot containing only noncommercial messages are permitted at all times. In addition, one temporary freestanding campaign sign shall be allowed for each political candidate or issue on each street frontage per lot. All campaign signs shall be removed within ten (10) days after the election for which they are intended. Each sign shall not exceed six square feet in sign area with a maximum height of four feet. Such signs are in addition to all other signage allowed in this chapter.

2.

Such signs shall not be illuminated or posted on trees, fence posts or public utility poles, or located within any public rightof-way or on any publicly owned property and shall not be within the traffic safety visibility area required by Section

17.20.140(F).

I.

Historical Site Plaques. Plaques or signs not exceeding six square feet designating a building or site as a historical structure or site may be displayed without a permit.

J.

Construction Trade Signs. One on-site non-illuminated sign per street frontage advertising the various construction trades participating in the project is permitted on construction sites with a valid building permit. Such signs shall not exceed a maximum of thirty-two (32) square feet in sign area and shall be removed prior to an issuance of a certificate of occupancy. No construction trade sign shall exceed six feet in height.

K.

Temporary Real Estate Signs.

1.

For developed property, non-illuminated real estate signs are allowed in compliance with California Civil Code Section 713 as follows:

a.

In all residential and special purpose zones except OS-DR, a temporary real estate sign shall be permitted subject to the following conditions:

i.

A maximum of one six square foot sign either wall or pole mounted on a single-family or duplex property. A pole mounted sign may have two faces. One on-site sign shall be permitted for each street frontage. Maximum sign height is six feet for pole mounted signs.

ii.

A maximum of one twelve (12) square foot sign either wall or pole mounted on a multi-family property. Pole mounted signs may have two faces. One on-site sign shall be permitted for each street frontage. Maximum sign height is six feet for pole mounted signs.

iii.

One eight square foot wall or pole mounted per lot on public facility, open space or recreation property. Pole mounted sign may have, two faces. Maximum sign height is six feet for pole mounted signs.

iv.

The sign may only remain on the property until the property is sold or leased. For properties with an approved subdivision map, the sign may remain on the property until the last unit is sold, rented or leased for the first time after construction.

b.

In commercial zones a temporary real estate sign shall be permitted subject to the following conditions:

i.

One twenty-four (24) square foot wall sign for each occupancy.

ii.

No lighting of sign allowed.

iii.

Sign may not project above eave.

iv.

The sign may only remain on the property until the property is sold or leased.

2.

For undeveloped property with or without an approved subdivision map a temporary real estate sign shall be allowed subject to the following conditions:

a.

One on-site sign shall be permitted for each street frontage. The sign area shall not exceed twenty-five (25) square feet.

b.

The sign shall be non-illuminated.

c.

Sign height shall not exceed eight feet above ground level. In those instances when the ground level is below the surface of the street, the sign height may be increased to a maximum of eight feet above the surface of the street. Zoning clearance (Section 17.62.090) and building permit approval shall be obtained for any sign of six feet or more in height.

d.

Signs should not be placed on or near ridgelines so that they appear silhouetted against the sky when viewed from any point on a roadway designated as a scenic corridor.

e.

In the case of a corner lot, the sign shall not obstruct the vision of motorists by being located within the traffic safety visibility area of the parcel, which shall consist of a triangular area formed by measuring thirty-five (35) feet from the intersection of the street property lines, and connecting the lines across the parcel.

f.

For properties with an approved subdivision map, the sign may remain on the property until the last unit is sold, rented or leased for the first time after construction.

(Ord. No. 2010-265, § 3, 1-27-2010)

The following signs are inconsistent with the purposes and standards of this chapter, and are therefore prohibited:

A.

Abandoned signs that advertise or otherwise identify a business or activity which has been discontinued on the premises for a period of ninety (90) days or more;

B.

Animated, moving, flashing, blinking, reflecting, revolving, digital screen or any other similar moving or simulated moving signs;

C.

Bus stop bench signs or any copy painted on any portion of a bus stop bench;

D.

Billboards and other off-site signs, except where allowed by Section 17.30.030;

E.

Cabinet (can) signs with translucent plastic faces and internal illumination;

F.

Inflatable signs, balloons, pennants, streamers and flags, except where allowed by Section 17.30.030;

G.

Neon signs;

H.

Permanent pole mounted signs except where allowed by Section 17.30.030;

I.

Roof-mounted signs;

J.

Signs on public property or in a public right-of-way, except as provided in Section 17.30.030(A) and (C);

K.

Signs tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles (including utility and street name), stakes, electrical transformers or other accessory structures. Whenever a sign is so posted, the sign itself shall constitute prima facie evidence that the person or business identified on the sign authorized its placement;

L.

Signs painted on fences or roofs;

M.

Signs that simulate in color or design a traffic sign or signal, or which make use of words, symbols or characters in a manner to interfere with, mislead or confuse pedestrian or vehicular traffic;

N.

Temporary signs, including pedestal signs, "A" frame signs and sandwich boards, except as allowed by this chapter and the Old Town Master Plan;

O.

Temporary Vehicle Mounted or Trailer-Mounted Signs. Signs on vehicles are allowed on vehicles, without sign permits, only when the copy or message (i) relates only to the business or establishment of which the vehicle itself is a part; (ii) pertains to the sale, rent, lease or hire of such vehicle; or (iii) is a noncommercial message. Vehicles displaying signs may not be parked for the primary purpose of commercial advertising. Vehicles may not be used as mounting or holding devices for commercial signs. This provision shall not apply to public transportation vehicles; and

P.

Service station ancillary advertising signs located on the exterior of any structure or equipment. Such ancillary advertising signs include business card kiosks and other displays that advertise businesses, services, or products not located on the site.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.30.050 - Sign permits and program required.

A.

Sign Permit. Signs shall only be constructed, displayed or altered with sign permit approval by the review authority.

1.

Application Filing. Sign permit applications shall be filed on the forms provided by the department and shall include all information required therein. Sign permit application shall also be accompanied by the required filing fee. A nighttime photo simulation shall be included in all sign applications requesting freeway facing monument signs.

2.

Review and Decision. A sign permit shall be approved or disapproved by the director or commission in compliance with subsection (F) of this section. 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.

B.

Sign Program. A sign program shall be required for all new shopping centers with five or more tenants or remodels of existing shopping centers with five or more tenants where new tenant spaces are created or changes are proposed to the exterior of the building. A program shall also be required as deemed necessary by the director to ensure compliance with the provisions of this chapter. Kiosks are allowed at shopping centers, if approved in compliance with the requirements of Section 17.30.065. Amendments to an existing sign program are not required for approval and placement of a kiosk sign, but only if compliant with the requirements of Section 17.30.065 and all other applicable requirements of this Code.

A sign program shall consist of a description, including dimensions, materials, locations, and illustration of all signs proposed on the site. The sign program shall have a unifying design theme or style, as approved by the director. A separate sign permit shall be required for all signs constructed pursuant to an approved sign program.

The purpose of a sign program is to integrate a project's signs into the architectural design of a subject site and to ensure visibility of all signs. A sign program also enables the city to ensure high quality in the design and display of multiple permanent signs and to encourage creativity and excellence in sign design.

C.

Approval Authority. A sign program shall be subject to commission approval. The director may approve minor revisions to a sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new sign program.

D.

If a shopping center has an approved sign program prior to the adoption of an amendment to this chapter it shall conform to the provisions of that approved sign program and not the amendment.

E.

Modifications to On-Site Sign Regulations (Section 17.30.080). In order to provide for flexibility in sign design, the commission and/or director shall have the authority to approve a sign modification for any new or existing business to allow

modifications to sign area, height, and location. The commission shall have the authority to modify the sign area and height (from the ground) of a sign by no more than fifteen (15) percent. The director shall have the authority to modify the sign area and height (from the ground) of a sign by no more than five percent.

The review authority shall consider the following when it determines whether to grant a modification: sign visibility, compliance with design criteria, distance from intended audience, and relative size of the sign to existing signs. A modification shall not be based on the content of a sign.

F.

Findings for Approval. The director and/or the commission may approve or modify a sign permit, sign program or modification application in whole or in part, with or without conditions, only if the following findings are made:

1.

The proposed sign is permitted within the zoning district including any overlay zone and, except as provided in subsection (D) of this section, complies with all applicable provisions of this chapter, and any other applicable standards.

2.

The sign is in compliance with Section 17.30.060.

==> picture [259 x 326] intentionally omitted <==

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014; Ord. No. 2015-328, § 3(Exh. A), 10-14-2015; Ord. No. 2025-411, § 4, 2-26-2025)

Each sign in the city shall comply with the applicable provisions of (i) any adopted sign program; (ii) the business park development urban design performance standards of Section 17.20.070; and (iii) the following requirements:

A.

Relationship to Structures. Building wall and fascia signs shall be compatible with the predominant visual elements of the structure(s), including construction materials, color, or other design feature consistent with Section 17.30.050(E). Commercial centers, offices, industrial complexes, and other similar facilities shall be required to develop a sign program in compliance with the provisions of this chapter, and shall provide a compatible visual design common in theme to all applicable structures and uses.

B.

Relationship to Other Signs. Where there is more than one sign on a site or building, all permanent signs displaying a commercial message shall have designs that similarly treat or incorporate the following design elements:

1.

Letter size and style of copy;

2.

Shape of total sign and related components:

a.

Type of construction materials,

b.

Sign/letter color and style of copy,

c.

Method used for supporting sign (i.e. wall or ground base),

d.

Type of illumination, and

e.

Location.

C.

Sign Illumination. Illumination from or upon any sign shall be shaded, shielded, directed or reduced so as to minimize light spillage onto the public right-of-way or adjacent properties. Externally illuminated signs shall be lighted by screened or hidden light sources.

D.

Materials and Colors. All permanent signs shall be constructed of durable materials, which are compatible in kind or appearance to the building supporting or identified by the sign. Such materials may include, but are not limited to ceramic tile, sand blasted, hand carved or routed wood, channel lettering, concrete, stucco or stone monument signs with recessed or raised lettering. Sign colors and materials should be selected to be compatible with the existing building designs and should contribute to legibility and design integrity. Monument signs shall be landscaped at the base and the design shall be complementary of the building architecture, color and materials.

E.

Construction. Every sign including all parts, portions and materials thereof, shall be manufactured, assembled and erected in compliance with all applicable state, federal and city regulations including Title 15 of this Code.

F.

Maintenance. Every sign including all parts, portions and materials thereof, shall be maintained and kept in good repair. The display surface of all signs shall be kept clean, neatly painted and free from rust, cracking, peeling, corrosion or other states of disrepair. All temporary signs, banners and balloons shall be constructed and mounted in such a manner that they shall not rip, shred, tear or blow away by exposure to normal weather conditions. Signs constructed of paper, cardboard or other non-permanent materials shall be in place no more than sixty (60) days.

G.

Relationship to Streets/Public Rights-of-Way. Signs shall be designed and located to not obstruct any pedestrian, bicyclist, or driver's view of the public right-of-way.

1.

No sign shall be located in or project into the present or future right-of-way of any public street unless specifically authorized by other provisions of this section.

2.

No sign shall interfere with the sight distance of motorists and cyclists proceeding on or approaching adjacent streets, alleys, driveways, or parking area(s), or of pedestrians proceeding on or approaching adjacent sidewalks or pedestrian ways as determined by the city engineer.

3.

No sign suspended over or projecting into the area above a driveway located on private property shall be situated at a height of less than fifteen (15) feet above the surface of the driveway.

4.

No sign suspended over, or projecting into, the area above a pedestrian way shall be situated at a height of less than eight feet, six inches above the ground surface.

H.

Screening. To minimize the visual mass and projection of the sign, all electrical transformer boxes and raceways shall be concealed from public right-of-way and adjacent properties. If a raceway cannot be mounted internally-behind a finished exterior wall, the exposed metal surfaces of the raceway shall be finished to match the background wall, or integrated into the overall design of the sign. All exposed conduit shall be concealed from public view.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2015-328, § 3(Exh. A), 10-14-2015)

A.

Applicability. Notwithstanding any other requirement of this Code, kiosk signs are permitted at shopping centers with at least fifty thousand (50,000) square feet of commercial building area on properties located in the commercial, retail (CR) or commercial, mixed-use (CMU) zoning districts, if in compliance with this section, all other applicable Code requirements, and approved by the director.

B.

A kiosk is defined in Section 17.90.020. A digital kiosk is a kiosk which incorporates one or more digital display screens to convey information visually to passers-by.

C.

Unless otherwise specified, the standards for kiosks are applicable to digital and nondigital kiosks.

D.

General Standards.

1.

The maximum number of kiosk signs shall not exceed one kiosk sign per thirteen thousand (13,000) square feet of gross commercial building area. If the total square-footage of gross commercial building area is reduced, the maximum number of kiosks shall be reduced accordingly, which may result in the removal of existing kiosks.

2.

Kiosk signs shall not exceed ten (10) feet in overall height and five feet in width.

3.

Each kiosk sign shall be located on private property, and shall be:

a.

Setback at least twenty-five (25) feet from all street-side property lines;

b.

Located in interior portions of the property, with orientation toward pedestrian walkways along and proximate to storefronts of the shopping center, not to the street;

c.

Spaced no less than seventy-five (75) feet apart, as measured along the linear frontage of the buildings (straight-line distance across parking lots is not to be applied); and,

d.

Located in a manner that allows for adequate disabled access around the entire kiosk area, and such that no emergency exit or egress is impeded.

4.

Kiosk signs shall not have projecting or protruding elements.

5.

Notwithstanding any other provision of this Code, kiosks may contain or serve as for off-site signs. Kiosks shall not be visible from any state highway. Kiosks shall not contain any text legible from any public street.

E.

Display Screens.

1.

The area of kiosk display screens shall not exceed eighty (80) percent of the total vertical surface area of the kiosk. Each individual digital screen shall be framed by other elements of the kiosk.

2.

There shall be no more than two displays per kiosk.

Audio is not permitted.

4.

Light intensity of digital display screens shall not be greater than three foot-candles above ambient lighting levels, as measured at the property lines. The director may require a lighting study, field measurements or other satisfactory methods to verify compliance with this requirement.

F.

Security Cameras Required. Each kiosk sign shall have at least two integrated security cameras surveilling the immediate surrounding exterior, public area. Security cameras shall record twenty-four (24) hours per day and shall provide surveillance footage in real time to the county sheriff. All security camera footage shall be archived for no less than thirty (30) days. The type, precise location, and other security characteristics of the security cameras shall be approved by the city, in consultation with the Lost Hills Sheriffs' Station.

G.

Sign Program Amendment Not Required. Kiosk signs shall be of high-quality design, and be generally compatible with the approved sign program for the shopping center. However, amendments to an existing sign program are not required for approval and placement of a kiosk sign.

H.

Kiosk signs are exempt from scenic corridor permits, provided that the director determines the kiosk sign will not be visible from the scenic corridor.

(Ord. No. 2025-411, § 5, 2-26-2025)

For the purposes of determining compliance with this chapter, the area and height of signs shall be measured as provided by this section.

A.

Sign Area. Sign area shall be computed by drawing a line around the outer perimeter of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. The total area of the sign shall include all sign faces. See Figure 3-18.

B.

Monument Sign Height and Area. Sign area shall be measured using the criteria described in Section 17.30.060(A) except area calculations shall not include architectural treatments and support structures that are separately regulated. One side of a double-faced (back to back) sign shall be included when calculating sign area. Sign height shall be measured as the vertical distance from grade adjacent to the base of the sign footing, to the top of the sign, including the support structure and any design elements. In no case shall an artificial grade be established for the sole purpose of elevating the grade adjacent to the base of the sign footing for purposes of sign measurement. See Figure 3-19.

C.

Freeway Facing Monument Sign Additional Height and Area for Commercial Shopping Centers: The planning commission shall consider an application and may grant the allowance of additional height and area up to the maximum of sixteen (16)

feet allowed when a) recommended by the Architectural Review Panel, and b) at least one (1) of the following circumstances is present:

1.

The sign is obscured by a physical barrier, such as an existing structure or berm, reducing its visibility from a scenic corridor or public right-of-way;

2.

The location of the sign is at a disadvantage for viewing due to its location at distance from a scenic corridor or right-of-way;

3.

The sign seeks to identify multiple tenants, and the legibility of the tenant signage is enhanced by additional sign area;

4.

The sign is located along the freeway corridor, where traveling speed reduces the opportunity to read the sign based on criteria such as reduced visibility, width of lot or other factor as noted above.

==> picture [228 x 293] intentionally omitted <==

• (Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2015-328, § 3(Exh. A), 10-14-2015)

The signs described in this section may be allowed only on the same site as the use being advertised or identified unless otherwise noted.

A.

Signs Allowed by Permit in All Zoning Districts. The following signs are allowed in all zoning districts, subject to the regulations in this chapter and issuance of a sign permit or other permit as specified below:

Directional Signs. Signs necessary for public convenience and safety, not exceeding four square feet in size or three feet in height, containing information including "entrance," "exit," or directional arrows designed to be viewed by on-site pedestrians or motorists.

2.

Temporary Banners. One temporary banner not exceeding twenty (20) square feet in size shall be permitted for special events if authorized by a temporary use permit. A temporary banner shall be allowed one time for not more than two weeks per year. Banner signs within commercial centers provided for under an adopted sign program shall not be considered temporary banners. Balloons shall be permitted for special events in conjunction with temporary banners if authorized by a temporary use permit.

All temporary banners and balloons shall be constructed and mounted in such a manner that they shall not rip, shred, tear or blow away by exposure to normal weather conditions. These signs shall not be illuminated or posted on trees, fence posts or public utility poles, or located within any public right-of-way or on any publicly owned property and shall not be within the traffic safety visibility area required by Section 17.20.120(D).

B.

Signs Allowed by Permit in Specific Zoning Districts. A permit shall be required for the installation of any sign within the zoning district listed in Tables 3-17 through 3-21. No permit shall be issued except for a sign in compliance with these tables.

Subject to sign program approval, decorative and other supportive architectural graphics, including company logos, are allowed in a commercial zoning district in addition to permitted building-mounted signs. The graphics shall be clearly secondary to the main sign in terms of their size and the portion of wall area covered, and shall complement the building and main sign in color and style. The area of the graphics and any logo shall be counted as part of the total sign area allowed on the building.

1.

Flag and Land Locked Commercial Lots. Subject to the limitations set forth in the following tables, one monument sign may be located in a private access easement adjacent to a public street to provide business identification and directional information for a parcel without street frontage when (i) a wall sign would not be easily seen from the public street; and (ii) there is sufficient area to accommodate a monument sign. The sign shall maintain an adequate separation from other monument signs in the vicinity and shall be placed to avoid undue concentration of monument signs as determined by the director.

2.

Kiosks. Kiosks are permitted with a sign permit approved in compliance with the requirements of Section 17.30.065. Notwithstanding any provision of an approved sign program, a kiosk is allowed if approved by a sign permit by the director in compliance with the requirements of Section 17.30.065 and all other applicable requirements of this Code.

3.

Calabasas Road District. Monument signs shall be permitted along both sides of Calabasas Road from the east side of Mureau Road to the west side of Parkway Calabasas ("Calabasas Road district"). The maximum height of a monument sign in the Calabasas Road district shall be twenty (20)) feet in height with the sign area not to exceed one hundred (100) square feet. Notwithstanding the forgoing, the council, following review and consideration from the commission, may grant an exception allowing a monument sign up to twenty-five (25) feet in height and up to one hundred fifty (150) square feet in sign area, upon finding that increased height or sign area is necessary to allow the applicant visibility comparable to that enjoyed by a substantial number of other properties in the Calabasas Road district. A property which contains a nonconforming pole sign(s) shall not be authorized to construct a monument sign under this paragraph unless the applicant agrees to abate the pole sign(s) as a condition of this approval.

Signs permitted in RS, RM, RR, RC, and HM (Residential Single Family, Residential Multi-Family, Rural Residential, Rural Community and Hillside Mountainous) Zones.

Table 3-17 Permitted Signs in RS, RM, RR, RC, and HM Zoning Districts

Note: Maximum sign area includes all monument and building mounted signs. All lighting must comply with the Lighting Ordinance.

2.

Signs permitted in CL, CR, CMU, CO, CB (Commercial-Limited, Commercial-Retail, Commercial-Mixed Use, CommercialOffice and Commercial-Business Park) Zones:

Table 3-18

Permitted Signs in CL, CR, CMU, CO, and CB Zoning Districts

Note: A commercial center or complex is defined as where a project shares similar landscape features, common access ways, reciprocal parking or architectural features. Multitenant sites shall have Sign Program, per Section 17.30.050. In street corridors with adopted design guidelines or Master Plans, signage shall be consistent with adopted plans.

3.

Signs permitted in the CT (Commercial-Old Town) Zone:

Note: A commercial center or complex is defined as where a project shares similar landscape features, common access ways, reciprocal parking or architectural features. Multitenant sites shall have Sign Program, per Section 17.30.050. In street corridors with adopted design guidelines or Master Plans, signage shall be consistent with adopted plans.

4.

Signs permitted in PF, OS, and REC (Public-Facilities, Open Space and Recreation) Zones:

5.

Specific land use signs shall be allowed in addition to other permitted signs authorized by this chapter:

Table 3-21 Permitted Signs for Specific Land Uses

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2014-310, § 1(Att. A), 2-12-2014; Ord. No. 2015-328, § 3(Exh. A), 10-14-2015; Ord. No. 2025-411, § 6, 2-26-2025)

This section recognizes that the eventual elimination of existing signs (on-site and off-site) that are not in conformity with the provisions of this chapter is as important as the prohibition of new signs that would violate these regulations.

A.

Continuation of Nonconforming Sign. A legally established sign that does not conform to the provisions of this chapter may continue to be used in compliance with Section 17.30.100, except that the sign shall not be:

1.

Structurally altered to extend its useful life;

2.

Expanded, moved, or relocated;

3.

Re-established after a business has been discontinued for ninety (90) days or more; or

4.

Re-established after damage or destruction of more than fifty (50) percent of the value of the physical structure of the sign, as determined by the director.

B.

Sign Copy Changes. The sign copy and sign faces of a nonconforming sign may be changed upon obtaining a sign permit provided that the change does not include a structural change in the display.

C.

Correction of Nonconformities Required. Approval of any structures on a site or a change in the land use on a site shall require that all nonconforming signs on the site be brought into conformity with this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Time Limits. A nonconforming sign shall comply with this chapter within the period of time prescribed in subsection (B) of this section.

B.

Amortization Schedule.

C.

Notice of Abatement. Upon the expiration of the amortization period set forth in subsection B of this section, the director may abate a nonconforming sign. The director shall first send a written notice of abatement by certified mail, return receipt requested to owners of the businesses advertised on the signs and the owners of the property on which the sign is located as shown in the current assessor's records. The date of service shall be the date the director places the notice in a U.S. Postal Service mail receptacle. A notice of abatement shall state the following:

1.

A description of the nonconformity; applicable amortization schedule;

2.

A statement that the amortization period has expired; date of expiration;

3.

That an appeal may only be filed with respect to the director's determination regarding the applicable amortization period.

4.

That an appeal must be filed thirty (30) days from the date of service of the notice.

D.

Appeal. The owners of the businesses advertised on the sign and the owners of the property on which the sign is located may appeal the director's determination regarding the applicable amortization period or request a time extension, on a form provided by the director and accompanied by any required fee in compliance with Section 17.60.040, within thirty (30) days of the date of service of the notice.

Hearings. Within sixty (60) days after receipt of an appeal, the commission shall hold a public hearing and shall forward a recommendation to the council as to whether the nonconformity should be abated as indicated in the notice, or whether a time extension should be granted in compliance with subsection (D)(2) of this section.

a.

Notice of Hearing. Notice of the commission and council hearings shall be provided in the same manner as provided by Chapter 17.78. Both the owner of the business advertised on the sign and the owner of the property on which the sign is located shall be given notice of the hearing.

b.

Conduct of Hearing. The commission shall receive written and oral testimony at the hearing relating to the term of abatement. During the hearing, the owner shall be permitted to call witnesses and be represented by counsel.

c.

Commission Recommendation. At the close of the hearing, the commission shall make a recommendation to the council regarding an appeal. The burden of proof shall be upon the appellant to demonstrate by a preponderance of the evidence that he or she is entitled to a longer abatement period than that contained in the notice of abatement. If the appellant is requesting a time extension, the commission may grant or deny the appeal in compliance with subsection (D)(2) of this section.

d.

Council Hearing. The council shall hold a hearing with notice given in compliance with subsection (D)(1) of this section and render a decision regarding an appeal.

2.

Extension of Time. The council may grant an extension of the time for abatement of a nonconforming sign where it can be demonstrated that an unreasonable hardship would otherwise be imposed on the appellant. The council shall base its decision on any competent evidence presented, including the following:

a.

The nature of the sign and the use it advertises;

b.

The amount of the owner's investment in the sign;

c.

The detriment, if any, caused to the neighborhood by continuance of the nonconforming sign beyond the amortization period;

d.

The amount of time needed to amortize the investment in the sign; and,

e.

Any available depreciation information from the owner's latest federal income tax return, or other applicable documentation.

3.

Decision and Order. The council's decision and the findings in support of the decision shall be in the form of a written order and shall be served upon the appellant personally or by certified mail, return receipt requested, within ten (10) days after the decision is rendered. The order shall be binding upon the appellant, the owners of the business advertised on the sign, the

owners of the property on which the sign is located, and the owners' successors, heirs and assignees. If the council grants a time extension, the council may require reasonable modifications or alterations to the sign for the purpose of improving the sign's appearance or compliance with this development code, the Municipal Code or state law.

4.

Recordation of Order. Within thirty (30) days after the hearing, notice of the decision and order of the council shall be recorded with the Los Angeles County recorder's office.

E.

Applicability of Section.

1.

This section applies only to legal nonconforming signs.

2.

Nothing herein prevents the earlier removal of a legal nonconforming sign pursuant to Section 17.30.110.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.30.110 - Removal of illegally installed or unsafe signs.

A.

Unsafe Signs. Any sign that presents an immediate danger to the public health or safety may be removed by the city without prior notice. Alternatively, the director may issue a notice of violation and give the permit holder, property owner, or person in possession and control of the property fifteen (15) days to cure the violation. The date of service shall be the date the director places the notice in a U.S. Postal Service mail receptacle. In the case of an unsafe sign removed by the city, the costs of such removal and storage shall be borne by the permit holder, property owner, or person in possession and control of the property, as applicable and may be collected by the city in the same manner as it collects any other debt or obligation. No unsafe sign that has been removed and stored by the city shall be released until the costs of removal and storage have been paid. If an unsafe sign remains uncured for a period of thirty (30) days after service of the notice, the city may remove the sign and dispose of it.

B.

Illegal Signs. Any illegal sign shall be removed or brought into conformity by the permit holder, property owner, or person in possession and control of the property following written notice from the director as specified in Chapter 17.80. The director's order may be appealed to the council in the manner provided in Chapter 17.80.

C.

Abandoned Signs. A sign that advertises or otherwise identifies a business or activity which has been discontinued on the premises for a period of ninety (90) days shall be considered abandoned and shall be removed by the owner or lessee of the premise.

D.

Penalties. Illegal signs shall be subject to the remedies established in Municipal Code Chapter 17.80.

E.

Removal of Illegal Signs in the Public Right-of-Way. The director may cause the immediate removal of any sign within the public right-of-way or on property that is otherwise abandoned that has been placed there without first complying with the requirements of this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.31 - WIRELESS TELECOMMUNICATION FACILITIES

A.

Purpose and Intent. The purpose of this chapter is to regulate the installation, operation and maintenance of wireless telecommunication facilities in the city. The city recognizes that the unrestricted installation of redundant personal wireless telecommunication facilities is contrary to the city's efforts to stabilize economic and social aspects of neighborhood environments, and to promote safety and aesthetic considerations, family environments and a basic residential character within the city.

In enacting this chapter, the city intends to:

1.

Promote and protect the health, safety, comfort, convenience and general welfare of residents and business in accord with Section 17.01.020 of this title;

2.

Protect the benefits derived by the city, its residents and the general public from access to personal wireless services while minimizing, to the greatest extent feasible, the redundancy of personal wireless telecommunication facilities in the city;

3.

Balance these goals, by permitting the installation and operation of wireless telecommunication facilities where they are needed, while reducing, to the greatest extent feasible, adverse economic, safety and/or aesthetic impacts on nearby properties and the community as a whole; and

4.

Comply with applicable law, including the 1996 Telecommunications Act.

5.

This section is intended to regulate all uses of wireless communications in the city, including uses by public utilities, to the extent of the city's power to regulate the use of land under federal and state law, but not to exceed the scope of the city's authority.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

A.

Applicability. This chapter applies to all proposed antennas and modifications and related wireless telecommunication facilities, as follows:

1.

All applications for approval of the installation of new wireless telecommunication facilities in the city.

2.

All facilities for which applications were received by the department but not approved prior to the effective date of the ordinance codifying this chapter, shall comply with the regulations and guidelines of this chapter.

All facilities for which applications were approved by the city on or prior to the effective date of the ordinance codifying this chapter shall be exempt from this section, except for the requirements of subsections 17.31.030(B)(1)(e) and 17.31.030(B)(2) (b).

4.

All facilities for which applications have been previously approved, but are now or hereafter modified.

B.

Permit Requirements. No wireless telecommunication facility shall be installed or modified until the applicant or operator has obtained:

1.

A Tier 1 wireless telecommunication facility permit as specified in Section 17.31.040, or

2.

A Tier 2 wireless telecommunication facility permit as specified in Section 17.31.050, or

3.

A minor modification permit as specified in Section 17.31.060, or

4.

A small wireless facility permit as specified in Section 17.31.070, and

5.

Any other permit required by applicable provisions of this Code including a building permit, an electrical permit, or an oak tree permit.

All new wireless telecommunication facilities and modifications to an existing wireless facility shall be subject to a Tier 2 wireless telecommunication facility permit if the proposed facility does not meet the criteria for a Tier 1 wireless telecommunication facility permit, minor modification permit, or small wireless facility permit.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

The following standards and conditions of approval shall apply to all new wireless telecommunication facilities or modifications to existing wireless facilities.

A.

Standards.

1.

Standards for wireless telecommunication facilities located within the public right-of-way.

a.

Facilities shall have subdued colors and non-reflective materials which blend with the materials and colors of the surrounding area and structures.

b.

Unless otherwise prohibited by state or federal law, all equipment not located on a pole shall be underground; any equipment that is not undergrounded shall be screened from adjacent uses to the maximum extent feasible.

c.

Facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or expressly permitted by the city.

d.

At no time shall equipment noise (including air conditioning units) from any facility exceed the applicable noise limit established in Section 17.20.160 of this title at the facility's property line; provided, however, that for any such facility located within five hundred (500) feet of any property zoned open space or residential, or improved with a residential use, such equipment noise shall at no time be audible at the property line of any open space or residentially zoned, or residentially improved property.

e.

Pole-mounted equipment, not including antennas, shall not exceed six cubic feet.

f.

All installations shall be engineered to withstand high wind loads. An evaluation of high wind load capacity shall include the impact of an additional antenna installation on a pole with existing antennae.

g.

The maximum height of any antenna shall not exceed twenty-four (24) inches above the height of a pole or tower other than a streetlight pole, nor seven feet above the height of a streetlight pole, nor shall any portion of the antenna or equipment mounted on a pole be less than sixteen (16) feet above any drivable road surface. All installations on utility poles shall fully comply with California Public Utilities Commission General Order 95 as it now exists or may hereafter be amended.

h.

A freestanding telecommunications tower or monopole shall be set back a distance of at least one hundred fifty (150) percent of the height of the tower to the nearest structure designed for occupancy.

i.

Facilities located within a designated scenic corridor or historic districts shall be stealth facilities, with all equipment, excluding required electrical meter cabinets, located underground or pole-mounted. Required electrical meter cabinets shall be screened as approved by the commission or director.

j.

Personal wireless telecommunication facilities not located within a scenic corridor or historic district designated by the city shall be designed to place all equipment underground or on an existing pole consistent with Section 17.31.030(A)(1)(e), excluding required electrical meters. However, if such facilities cannot be placed underground, ground-mounted equipment may be installed up to a height of five feet and to a footprint of fifteen (15) square feet. Ground-mounted equipment shall be screened, to the fullest extent possible, through the use of landscaping, walls, or other decorative feature, as approved by the commission or director.

k.

Equipment shall be located so as not to cause: (i) any physical or visual obstruction to pedestrian or vehicular traffic, (ii) inconvenience to the public's use of a public right-of-way, or (iii) safety hazards to pedestrians and motorists. In no case shall

ground-mounted equipment, walls, or landscaping be less than eighteen (18) inches from the front of the curb.

l.

No facility shall be built so as to cause the right-of-way in which the facility is located to fail to comply with the Americans with Disabilities Act.

m.

Ground-mounted equipment shall be screened, to the fullest extent possible, through the use of landscaping, walls, or other decorative feature, as approved by the commission.

n.

Pole-mounted antennas shall adhere to the following guidelines. If an antenna cannot be mounted as set forth in subsection (i), it may be mounted in accordance with subsection (ii). If an antenna cannot be mounted as set forth in either subsection (i) or (ii), it may be mounted in accordance with subsection (iii):

i.

A stealth facility mounted on an existing, collocated monopole or tower;

ii.

A stealth facility mounted on an existing steel, wood, or concrete pole, including a light standard; or

iii.

A stealth facility mounted on a new steel, wood, or concrete pole but only if an operator shows that it cannot otherwise close a significant gap in its service coverage, and that the proposal is the least intrusive means of doing so.

2.

Standard for wireless telecommunication facilities not located within the public right-of-way.

a.

Facilities shall have subdued colors and non-reflective materials which blend with the materials and colors of the surrounding area and structures.

b.

Unless otherwise prohibited by state or federal law, all equipment not located on a pole shall be underground; any equipment that is not undergrounded shall be screened from adjacent uses to the maximum extent feasible.

c.

The facilities shall not bear any signs or advertising devices other than certification, warning or other signage required by law or expressly permitted by the city.

d.

At no time shall equipment noise (including air conditioning units) from any facility exceed the applicable noise limit established in Section 17.20.160 of this title at the facility's property line; provided, however, that for any such facility located within five hundred (500) feet of any property zoned open space or residential, or improved with a residential use, such equipment noise shall at no time be audible at the property line of any open space or residentially zoned, or residentially improved property.

e.

A freestanding telecommunications tower or monopole shall be set back a distance of at least one hundred fifty (150) percent of the height of the tower from the nearest property line of any residentially zoned or occupied lot.

f.

Facilities shall be a stealth design, to the maximum extent feasible.

g.

Building-mounted facilities shall be designed and constructed to be fully screened in a manner that is compatible in color, texture and type of material with the architecture of the building on which the facility is mounted.

h.

All accessory equipment associated with the operation of a wireless telecommunication facility shall be located within a building enclosure or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located.

i.

No wireless telecommunication facility shall be placed within fifty (50) feet horizontally and vertically of a significant ridgeline, as mapped in the General Plan.

j.

Facilities shall comply with the development standards of the underlying zoning district the subject site is located within.

k.

Guidelines for Placement on Structures. Antennas shall be mounted on structures utilizing the methods described below. If an antenna cannot be mounted as set forth in subsection (1), it may be mounted in accordance with subsection (2). If an antenna cannot be mounted as set forth in either subsection (1) or (2), it may be mounted in accordance with subsection (3):

i.

A stealth facility mounted on an existing structure or collocated on an existing tower;

ii.

A stealth facility mounted on an existing steel or concrete pole, including a light standard;

iii.

A stealth facility mounted on a new structure architecturally compatible with the surrounding area; or

iv.

A stealth facility mounted on a new steel, wood, or concrete pole.

B.

Conditions of Approval for All New or Modified Wireless Facilities.

1.

Conditions of Approval for New or Modified Wireless Telecommunication Facilities Located Within the Public Right-of-Way.

a.

Any approved wireless telecommunication communication facility within a public right-of-way shall be subject to such conditions, changes or limitations as are from time to time deemed necessary by the public works director to: (i) protect the public health, safety, and welfare; (ii) prevent interference with pedestrian and vehicular traffic; or (iii) prevent damage to a public right-of-way or any property adjacent to it. Before the director of public works imposes conditions, changes, or limitations pursuant to this paragraph, he or she shall notify the applicant or operator, in writing, by mail to the address set forth in the application or such other address as may be on file with the city. Such change, new limitation or condition shall be effective twenty-four (24) hours after deposit of the notice in the United States mail.

b.

The applicant or operator of the wireless telecommunication facility shall not move, alter, temporarily relocate, change, or interfere with any existing public facility, structure or improvement without the prior written consent of the city, and the owner in the circumstance where the owner is not the city. No structure, improvement or facility owned by the city shall be moved to accommodate a personal wireless telecommunication facility unless: (i) the city determines, in its sole and absolute discretion, that such movement will not adversely affect the city or surrounding residents or businesses, and (ii) the applicant or operator pays all costs and expenses related to the relocation of the city's facilities. Every applicant or operator of any personal wireless telecommunication facility shall assume full liability for damage or injury caused to any property or person by his, her, or its facility. Before commencement of any work pursuant to an encroachment permit issued for any personal wireless telecommunication facility within a public right-of-way, an applicant shall provide the city with documentation establishing to the city's satisfaction that the applicant has the legal right to use or interfere with any other facilities within the public right-of-way to be affected by applicant's facilities.

c.

Should any utility company offer electrical service to a wireless facility which service does not require the use of a meter cabinet, the applicant or operator of the facility shall at its cost remove the meter cabinet and any foundation thereof and restore the area to its prior condition.

d.

Facilities shall not bear any signs or advertising devices other than legally required certification, warning, or other required seals or signage, or as expressly authorized by the city.

e.

The applicant, operator of a facility and property owner (when applicable) shall defend, indemnify and hold the city and its elective and appointed boards, commissions, officers, agents, consultants and employees harmless from and against all demands, liabilities, costs (including attorneys' fees), or damages arising from the city's review and/or approval of the design, construction, operation, location, inspection or maintenance of the facility.

f.

Removal of Unsafe Facilities. If, at any time after the issuance of a building permit or encroachment permit, any wireless telecommunication facility becomes incompatible with public health or safety, the applicant or operator of the facility shall, upon notice from the city and at the applicant's or operator's own expense, remove that facility. Written notice of a determination pursuant to this paragraph shall be sent to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the city manager or a hearing officer appointed by the city manager, provided that written request for such a hearing is received by the city clerk within ten (10) days of the date of the notice. Any such hearing shall be conducted pursuant to Chapter 17.74 of this title, although no further appeal from the decision of the city manager may be had other than pursuant to Code of Civil Procedure Section 1094.5. Upon a final decision of the city manager or the running of the time for a request for a hearing without such a request, the operator shall have ninety (90) days to remove the facility.

g.

The owner or operator of any wireless telecommunication facility approved by a Tier 1 or Tier 2 wireless telecommunication facility permit under this subsection (A) of this Section 17.31.030 shall cooperate with the director to: (1) verify that the facility design conforms with relevant building and safety requirements; and (2) verify that the facility complies with the requirements of Section 17.31 of the Calabasas Municipal Code.

h.

Prior to the issuance of a building permit or encroachment permit for a new facility, the applicant or owner/operator of the facility shall pay for and provide a performance bond, which shall be in effect until all facilities are fully and completely removed and the site reasonably returned to its original condition. The purpose of this bond is to cover the applicant's or owner/operator of the facility's obligation under the conditions of approval and the City of Calabasas Municipal Code. The bond coverage shall include, but not be limited to, removal of the facility, maintenance obligations and landscaping obligations. (The amount of the performance bond shall be set by the director on a case-specific basis and in an amount reasonably related to the obligations required under this Code and all conditions of approval, and shall be specified in the conditions of approval.)

i.

An applicant shall not transfer a permit to any person or entity prior to completion of construction of a wireless telecommunication facility.

j.

The applicant shall submit as-built photographs of the facility within ninety (90) days of installation of the facility, detailing the installed equipment.

k.

A wireless telecommunication facility approved by a Tier 2 wireless facility permit may operate only until the tenth anniversary of the date it is first placed into service, unless that sunset date is extended by additional term(s) not to exceed ten (10) years pursuant to a wireless facility permit issued under this Section 17.12.050. There is no limit to the number of times the sunset date for a facility may be extended.

l.

Abandonment.

i.

Personal wireless telecommunication facilities that are no longer operating shall be removed at the expense of the applicant, operator, or owner no later than ninety (90) days after the discontinuation of use. Disuse for ninety (90) days or more shall also constitute a voluntary termination by the applicant of any land use entitlement under this Code or any predecessor to this Code.

ii.

The director shall send a written notice of the determination of non-operation to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the city manager or a hearing officer appointed by the city manager, provided that written request for such a hearing is received by the city clerk within ten (10) days of the date of the notice. Any such hearing shall be conducted pursuant to Chapter 17.74 of this title, although no further appeal from the decision of the city manager may be had other than pursuant to Code of Civil Procedure Section 1094.5. Upon a final decision of the city manager or the running of the time for a request for a hearing without such a request, the operator shall have ninety (90) days to remove the facility.

iii.

The operator of a facility shall notify the city in writing of its intent to abandon a permitted site. Removal shall comply with applicable health and safety regulations. Upon completion of abandonment, the site shall be restored to its original condition at the expense of the applicant, operator, or owner.

iv.

All facilities not removed within the required ninety-day period shall be in violation of this Code. In the event the city removes a disused facility upon the failure of the applicant, operator, or owner to timely do so, the applicant, operator, and owner shall be jointly and severally liable for the payment of all costs and expenses the city incurs for the removal of the facilities, including legal fees and costs.

2.

Conditions of Approval for All New or Modified Wireless Telecommunication Facilities Not Located Within the Public Right-ofWay.

a.

Facilities shall not bear any signs or advertising devices other than legally required certification, warning, or other required seals or signage, or as expressly authorized by the city.

b.

The applicant, operator of a facility and property owner (when applicable) shall defend, indemnify and hold the city and its elective and appointed boards, commissions, officers, agents, consultants and employees harmless from and against all demands, liabilities, costs (including attorneys' fees), or damages arising from the city's review and/or approval of the design, construction, operation, location, inspection or maintenance of the facility.

c.

The owner or operator of any wireless telecommunication facility approved by a Tier 1 or Tier 2 wireless telecommunication facility permit under this subsection (A) of this Section 17.31.030 shall cooperate with the director to: (1) verify that the facility design conforms with relevant building and safety requirements; and (2) verify that the facility complies with the requirements of Section 17.31 of the Calabasas Municipal Code.

d.

An applicant shall not transfer a permit to any person or entity prior to completion of construction of a personal wireless telecommunication facility.

e.

The applicant shall submit as-built photographs of the facility within ninety (90) days of installation of the facility, detailing the installed equipment.

f.

Abandonment.

i.

Wireless telecommunication facilities that are no longer operating shall be removed at the expense of the applicant, operator, or owner no later than ninety (90) days after the discontinuation of use. Disuse for ninety (90) days or more shall also constitute a voluntary termination by the applicant of any land use entitlement under this Code or any predecessor to this Code.

ii.

The director shall send a written notice of the determination of non-operation to the owner and operator of the personal wireless telecommunication facility, who shall be entitled to a hearing on that determination before the city manager or a hearing officer appointed by the city manager, provided that written request for such a hearing is received by the city clerk within ten (10) days of the date of the notice. Any such hearing shall be conducted pursuant to Chapter 17.74 of this title, although no further appeal from the decision of the city manager may be had other than pursuant to Code of Civil Procedure Section 1094.5. Upon a final decision of the city manager or the running of the time for a request for a hearing without such a request, the operator shall have ninety (90) days to remove the facility.

iii.

The operator of a facility shall notify the city in writing of its intent to abandon a permitted site. Removal shall comply with applicable health and safety regulations. Upon completion of abandonment, the site shall be restored to its original condition at the expense of the applicant, operator, or owner.

iv.

All facilities not removed within the required ninety-day period shall be in violation of this Code. In the event the city removes a disused facility upon the failure of the applicant, operator, or owner to timely do so, the applicant, operator, and owner shall be jointly and severally liable for the payment of all costs and expenses the city incurs for the removal of the facilities, including legal fees and costs.

C.

Independent Expert Review. The city may retain one or more independent, qualified consultants to review any application for a Tier 1 and Tier 2 wireless facility permit, a wireless facility minor modification permit, or for a small wireless facility permit. The review is intended to be a review of technical aspects of the proposed wireless telecommunication facility or modification of an existing wireless telecommunication facility and may address any or all of the following, as applicable:

1.

For Tier 2 wireless facility permits, whether the proposed wireless telecommunication facility is necessary to close a significant gap in coverage and is the least intrusive means of doing so;

2.

The accuracy and completeness of submissions;

3.

For Tier 2 wireless facility permits, technical demonstration of the unavailability of alternative sites or configurations and/or coverage analysis;

4.

The applicability of analysis techniques and methodologies;

5.

For Tier 2 wireless facility permits, the viability of alternative sites and alternative designs; and

6.

For all wireless facility permits, an analysis of the potential expansion that would be considered an eligible facility request under Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012; and

7.

Any other specific technical issues designated by the city.

The cost of the review shall be paid by the applicant through a deposit estimated to cover the cost of the independent review, as established by the director or city council.

D.

Construction. These standards are intended to exert the maximum authority available to the city in the regulation of wireless telecommunication facilities under applicable state and federal law but not to exceed that authority. Accordingly, this section shall be construed and applied in light of any such limits on the city's authority. The purpose of this Chapter (17.31) is to regulate wireless telecommunications facilities proposed for sites within public rights-of-way consistently with the rights conferred on telephone corporations by Public Utilities Code §§ 7901 and 7901.1 and to address the aesthetic and safety concerns unique to such proposals due to their highly visible location in rights-of-way that must be safely shared with pedestrians, motorists and other utility infrastructure.

E.

Standards for All Wireless Facilities. All facilities shall be stealth to the maximum extent feasible.

F.

Violations. The city may revoke a permit for any wireless telecommunication facility in violation of this section in accordance with Section 17.80.070 of this Code. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

G.

Allowed Locations. The following table identifies the allowed zoning districts and locations for wireless telecommunication facilities based on permit type, subject to the limitations and requirements of this Chapter 17.31 and other applicable law:

Wireless facilities are not permitted in any other zone not listed in Table 17.31.1. Tier 2 and small wireless facility permits are not permitted on any privately owned roads or streets rights-of-way.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

A.

Purpose. The purpose of this section is to encourage the deployment of stealth wireless facilities in appropriate areas of the city, in order to provide safe and reliable wireless service to the community.

B.

Applicability. An applicant seeking approval of a collocation or modification to an existing structure or wireless facility, or deployment of a new wireless facility, which complies with the standards in Section 17.31.030 and Section 17.31.040(C), shall apply for a Tier 1 wireless facility permit and any other permit required by applicable provisions of this Code including a building permit, an electrical permit, or an oak tree permit. An applicant seeking approval of a subsequent proposed modification of an existing wireless facility, which complies with the standards in Section 17.31.030 and Section

17.31.040(C), shall also apply for a Tier 1 wireless facility permit and any other permit required by applicable provisions of this Code including a building permit, an electrical permit, or an oak tree permit.

C.

Standards. Wireless telecommunication facilities subject to a Tier 1 wireless telecommunication facility permit shall be subject to the following standards:

1.

Wireless Telecommunication Facilities Located Within the Public Right-of-Way or Privately Owned "Rights-of-Way" Located Within a Common Interest Development.

a.

Tier 1 wireless telecommunication facilities shall comply with standards set forth in Section 17.31.030.

b.

Tier 1 wireless telecommunication facilities are allowed on arterial and collector roads identified in the Circulation Element of the General Plan, including privately owned "rights-of-way" located within a common interest development as defined by Civil Code Section 4100.

c.

Ground mounted equipment, antennas and structures shall comply with the height and size limits established in Section 17.31.030.

d.

New wireless telecommunication facilities shall be co-located on an existing structure or replacement structure of similar size and location, or if no existing or replacement structure is feasible, may be located on a new light standard, utility pole, or similar structure.

e.

All equipment (except any required utility meter cabinet) shall be located underground or pole mounted.

f.

All facilities shall meet the stealth design criteria established by the city's wireless telecommunication facility design guidelines.

2.

Wireless Telecommunication Facilities Not Located Within the Public Right-of-Way.

a.

Wireless telecommunication facilities shall comply with standards set forth in Section 17.31.030.

b.

Tier 1 wireless telecommunication facilities are allowed in all commercial zones, and the PF, REC, OS, PD, RC, and RS zones. A wireless facility is only allowed in the REC, OS, RC, and RS zones if it is located on a parcel that is developed with a street or structure, under government ownership or common ownership by a common interest development as defined by Civil Code Section 4100, and not dedicated for open space or development restricted.

c.

The height of a wireless telecommunication facility shall comply with the height limit established by the underlying zoning district. Height exceptions may be allowed for antennas completely screened and located within an architectural feature consistent with Section 17.20.140.

d.

Wireless telecommunication facilities shall comply with the setbacks established by the underlying zoning district and Section 17.31.030.

e.

New wireless telecommunication facilities shall be co-located on an existing structure or replacement structure of similar size and location, or if no existing or replacement structure is feasible, may be located on a new light standard, utility pole, or other structure.

f.

All facilities shall meet the stealth design criteria established by the city's wireless telecommunication facility design guidelines.

D.

Application Content. Applications for the approval of a Tier 1 wireless telecommunication facility permit shall include, but are not necessarily limited to, an application fee and the following information, in addition to all other information required by the city pursuant to Chapter 17.60 of this title:

1.

Application Forms. The city's standard application form, available on the city's website or from the community development department, as may be amended by the community development director;

2.

Application Fee. An application fee as established by the council by resolution under the authority of Section 17.60.040;

3.

Independent Consultant Deposit. An independent consultant fee deposit, if required by the council by resolution under the authority of Section 17.60.040, to reimburse the city for its costs to retain an independent consultant to review the technical aspects of the application;

4.

Site and Construction Plans. Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect;

5.

Structural Analysis. A structural analysis, prepared, signed, and sealed by a California-licensed engineer that assesses whether the proposed wireless facility complies with all applicable building codes;

6.

Noise Study. A noise study or written statement, prepared by a qualified engineer, for the proposed wireless telecommunication facility including, but not limited to, equipment, such as air conditioning units and back-up generators. The noise study shall assess compliance with Section 17.12.050(C)(4)(e);

Site Survey. For any new wireless telecommunication facilities proposed to be located within the public right-of-way, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer or surveyor. The survey shall identify and depict all existing boundaries, encroachments and other structures within two hundred fifty (250) feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks, and other street furniture; and (viii) existing trees, oak trees, planters and other landscaping features;

8.

Scaled visual simulations showing the proposed facility superimposed on photographs of the site and surroundings, to assist the commission in assessing the visual impacts of the proposed facility and its compliance with the provisions of this section;

9.

For new facilities, the plans shall include (in plan view and elevations) a scaled depiction of the maximum permitted increase as authorized by Section 6409(a) of the 2012 Middle Class Tax Relief Act, using the proposed project as a baseline;

10.

An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination Of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power";

11.

Other Information. Such other information as the city may require, as specified in publicly available materials, including information required as stated on the city's website.

E.

Application Review. Each application for a Tier 1 wireless telecommunication facility permit shall be reviewed by the director. Any application that is determined to be incomplete, and is not subsequently modified to be complete in the judgment of the director under applicable law within thirty (30) days after the city's notification to the applicant that the application is incomplete, shall be deemed withdrawn.

F.

Findings. The director may approve a Tier 1 wireless telecommunication facility permit only if each of the following findings can be made:

1.

The proposed wireless telecommunication facility meets the standards set forth in Sections 17.31.030 and 17.31.040.

2.

The proposed wireless telecommunication facility is designed as a stealth facility consistent with the city's design guidelines for Tier 1 wireless telecommunication facilities.

G.

Conditions of Approval. In addition to any other conditions of approval permitted under federal and state law and this Code that the director deems appropriate or required under this Code, all Tier 1 wireless telecommunication facility permits under this subsection, shall include the following conditions of approval:

1.

Compliance With Previous Approvals. The grant or approval of a small wireless facility permit shall be subject to the conditions of approval of the underlying permit.

2.

As-Built Plans. The applicant shall submit to the director an as-built set of plans and photographs depicting the entire small wireless facility as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction.

3.

Indemnification. To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless [the] city, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to the small wireless facility permit and the issuance of any permit or entitlement in connection therewith. The applicant shall pay such obligations as they are incurred by [the] city, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the city reasonably determines necessary to protect the city from exposure to fees, costs or liability with respect to such claim or lawsuit.

4.

Compliance With Applicable Laws. The applicant shall comply with all applicable provisions of this Code, any permit issued under this Code, and all other applicable federal, state, and local laws. Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this Code, any permit issued under this Code, or all other applicable laws and regulations.

5.

Compliance With Approved Plans. The proposed project shall be built in compliance with the approved plans on file with the planning division.

6.

Violations. The wireless facility shall be developed, maintained, and operated in full compliance with the conditions of the small wireless facility permit, any other applicable permit, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of this Code, the conditions of approval for the small wireless facility

permit, or any other law, statute, ordinance or other regulation applicable to any development or activity on the site may result in the revocation of this permit. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

H.

Denial Without Prejudice.

Grounds for Denial Without Prejudice. The director may deny without prejudice an application for a Tier 1 wireless telecommunication facility permit in any of the following circumstances:

a.

The director cannot make all findings required for approval of a Tier 1 wireless telecommunication facility permit; or

b.

The proposed permit would cause the violation of an objective, generally applicable law protecting public health or safety.

2.

Procedures for Denial Without Prejudice. All Tier 1 wireless telecommunication facility permit application denials shall be in writing and shall include (i) the decision date; (ii) a statement that the city denies the permit without prejudice; (iii) a short and plain statement of the basis for the denial; and (iv) that the applicant may submit the same or substantially the same permit application in the future.

3.

Submittal After Denial Without Prejudice. After the director denies a Tier 1 wireless telecommunication facility permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be allowed to:

a.

Submit a new wireless facility permit application for the same or substantially the same proposed facility; or

c.

Submit an appeal of the director's decision.

4.

Costs to Review a Denied Permit. The city shall be entitled to recover the reasonable costs for its review of any wireless facility permit application. In the event that the director denies a wireless facility permit application, the city shall return any unused deposit fees within sixty (60) days after a written request from the applicant. An applicant shall not be allowed to submit a wireless facility permit application or submit a wireless facility permit application for the same or substantially the same proposed facility unless all costs for the previously denied permit application are paid in full.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

A.

Purpose. This section is intended to comply with the city's obligations under federal law to ensure that wireless providers are not prohibited from providing wireless service within the City of Calabasas.

B.

Applicability. All new wireless telecommunication facilities or modifications to an existing wireless telecommunications facility, however originally approved, that do not meet the findings of approval required for a Tier 1 wireless telecommunication facility permit as specified in Section 17.31.040(F), wireless facility minor modification permit as specified in Section 17.31.060(E), or a small wireless facility permit as specified in Section 17.31.070(G), shall be subject to the approval of (i) a

Tier 2 wireless telecommunication facility permit, in addition to (ii) an encroachment permit from the public works department (if applicable), and (iii) any other permit required by applicable provisions of this Code including a building permit, an electrical permit, or an oak tree permit.

C.

Standards. Wireless telecommunication facilities subject to a Tier 2 wireless telecommunication facility permit shall be subject to the following standards:

1.

Facilities shall comply with the standards set forth in section 17.31.030.

2.

New Wireless Facility Preferred Zones and Locations. When doing so would not conflict with one of the standards set forth in Section 17.31.030 or with federal law, wireless telecommunication facilities subject to the approval of a Tier 2 wireless telecommunication facility Permit shall be located in the most appropriate location as described in this subsection (2), which range from the most appropriate to the least appropriate. Nothing in this section shall detract from the requirements of Section 17.31.050(C)3 below.

a.

Collocation on an existing facility in a commercial zone;

b.

Collocation on an existing structure or utility pole in a commercial zone;

c.

Location on a new structure in a commercial zone;

d.

Collocation on an existing facility in a public facility or recreation zone;

e.

Location on an existing structure or utility pole in a public facility or recreation zone; or

f.

Location on a new structure in a public facility or recreation zone.

No new facility may be placed in a less appropriate area unless the applicant demonstrates to the satisfaction of the commission or director that no more appropriate location can feasibly serve the area the facility is intended to serve provided, however, that the commission or director may authorize a facility to be established in a less appropriate location if doing so is necessary to prevent substantial aesthetic impacts.

3.

All new wireless telecommunication facilities subject to a Tier 2 wireless telecommunication facility permit, shall be set back at least one thousand (1,000) feet from schools, dwelling units, and parks, as measured from the closest point of the personal wireless telecommunication facility (including accessory equipment) to the applicable property line, unless an applicant establishes that a lesser setback is necessary to close a significant gap in the applicant's personal communication service, and the proposed wireless telecommunication facility is the least intrusive means to do so. An applicant who seeks to increase the height of an existing personal wireless telecommunication facility, or of its antennas, located less than one thousand (1,000) feet from a school, dwelling unit or park and who is subject to the approval of a wireless facility permit for the proposed height increase must establish that such increase is necessary to close a significant gap in the applicant's personal communication service, and the proposed increase is the least intrusive means to do so.

4.

Prohibited Locations. No Tier 2 wireless telecommunication facility shall be established on any ridgeline or within any residential or open space zoning district described in subparagraphs (i), (ii) and (iii) herein:

a.

Ridgelines. No personal wireless telecommunication facility shall be placed on or near a ridgeline.

b.

Residential Zones. No facility shall be located within a residential zone, including areas set aside for open space, parks or playgrounds.

c.

Open Space. No facility shall be located within an open space zone or park.

Notwithstanding this subsection, wireless telecommunication facilities subject to the approval of a Tier 2 wireless telecommunication facility permit may be permitted in a prohibited location only if the applicant obtains a Tier 2 wireless telecommunication facility permit from the city council following a public hearing and recommendation from the communication and technology commission, and provides technically sufficient and conclusive proof that the proposed location is necessary for provision of wireless services to substantial areas of the city, that it is necessary to close a significant gap in the operator's coverage and that there are no less intrusive alternative means to close that significant gap.

D.

Application Content. Applications for the approval of a Tier 2 wireless telecommunication facility permit shall include, but are not necessarily limited to, an application fee and the following information, in addition to all other information required by the city pursuant to Chapter 17.60 of this title:

1.

Application Forms. The city's standard application form, available on the city's website or from the community development department, as may be amended by the community development director;

2.

Application Fee. An application fee as established by the council by resolution under the authority of Section 17.60.040;

3.

Independent Consultant Deposit. An independent consultant fee deposit, if required by the council by resolution under the authority of Section 17.60.040, to reimburse the city for its costs to retain an independent consultant to review the technical aspects of the application;

4.

Site and Construction Plans. Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect;

5.

Structural Analysis. A structural analysis, prepared, signed, and sealed by a California-licensed engineer that assesses whether the proposed wireless facility complies with all applicable building codes;

Site Survey. For any new wireless facilities proposed to be located within the public right-of-way, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer or surveyor. The survey shall identify and depict all existing boundaries, encroachments and other structures within two hundred fifty (250) feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks, and other street furniture; and (viii) existing trees, oak trees, planters and other landscaping features;

7.

Scaled visual simulations showing the proposed facility superimposed on photographs of the site and surroundings, to assist the commission in assessing the visual impacts of the proposed facility and its compliance with the provisions of this section;

8.

For new facilities, the plans shall include (in plan view and elevations) a scaled depiction of the maximum permitted increase as authorized by Section 6409(a) of the 2012 Middle Class Tax Relief Act, using the proposed project as a baseline;

9.

An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, in that it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination Of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power";

10.

Written documentation demonstrating a good faith effort to locate the proposed facility in the least intrusive location in accordance with the location requirements of this Section 17.31.050;

11.

For new facilities, the plans shall include (in plan view and elevations) a scaled depiction of the maximum permitted increase as authorized by Section 6409(a) of the 2012 Middle Class Tax Relief Act, using the proposed project as a baseline;

12.

A master plan which identifies the location of the proposed facility in relation to all existing and potential facilities maintained by the operator intended to serve the city. The master plan shall reflect all potential locations that are reasonably anticipated for construction within two years of submittal of the application. Applicants may not file, and the city shall not accept, applications that are not consistent with the master plan for a period of two years from approval of a wireless facility permit unless: (i) the applicant demonstrates materially changed conditions which could not have been reasonably anticipated to justify the need for a personal wireless telecommunication facility site not shown on a master plan submitted to the city within the prior two years or (ii) the applicant establishes before the commission that a new personal wireless telecommunication facility is necessary to close a significant gap in the applicant's personal communication service, and the proposed new installation is the least intrusive means to do so;

13.

A siting analysis which identifies a minimum of five other feasible locations within or without the city which could serve the area intended to be served by the facility, unless the applicant provides compelling technical reasons for providing fewer than

the minimum. The alternative site analysis shall include at least one collocation site;

14.

A noise study, prepared by a qualified engineer, for the proposed personal wireless telecommunication facility including, but not limited to, equipment, such as air conditioning units and back-up generators;

15.

A written statement of the applicant's willingness to allow other carriers to collocate on the proposed personal wireless telecommunication facility wherever technically and economically feasible and aesthetically desirable; and

16.

Such other information as the director shall establish from time to time pursuant to the Permit Streamlining Act, Government Code Section 65940, or to respond to changes in law or technology.

17.

An application for a personal wireless telecommunication facility in a public right-of-way for which the applicant claims entitlement under California Public Utilities Code Section 7901 shall be accompanied by evidence satisfactory to the director that the applicant is a telephone corporation or has written authorization to act as an agent for a telephone corporation.

E.

Application Review. Applications for Tier 2 wireless telecommunication facility permits shall be first reviewed by the development review committee. All applications for Tier 2 wireless telecommunication facility permits will be scheduled for a public hearing before the commission in accordance with Section 17.31.050(I) and Chapter 17.78 of this Code. The commission shall determine if a proposed project for which a wireless facility permit is required is the least intrusive means to close a significant gap in the applicant's service coverage. Any application that is determined to be incomplete, and is not subsequently modified to be complete in the judgment of the director under applicable law within thirty (30) days after the city's notification to the applicant that the application is incomplete, shall be deemed withdrawn.

F.

Tier 2 Wireless Telecommunication Facility Permit Findings. In addition to the findings required in Section 17.62.060 of this Code, no Tier 2 wireless telecommunication facility permit may be approved unless the commission or council finds as follows:

1.

The applicant has demonstrated by clear and convincing evidence that the facility is necessary to close a significant gap in the operator's service coverage. Such evidence shall include in-kind call testing of existing facilities within the area the applicant contends is a significant gap in coverage to be served by the facility.

2.

The applicant has demonstrated by clear and convincing evidence that no feasible alternate site exists that would close a significant gap in the operator's service coverage which alternative site is a more appropriate location for the facility under the standards of Chapter 17.31 of the Calabasas Municipal Code.

3.

The facility satisfies the location requirements of Section 17.31.050(C)(2) of the Calabasas Municipal Code.

G.

Conditions of Approval. In addition to the conditions of approval in Section 17.31.020, all new wireless facilities subject to a Tier 2 wireless facility permit shall be subject to the following condition(s):

1.

A new wireless telecommunication facility approved by a Tier 2 wireless facility permit may operate only until the tenth anniversary of the date it is first placed into service, unless that sunset date is extended by additional term(s) not to exceed ten (10) years pursuant to a wireless facility permit issued under this Section 17.12.050. There is no limit to the number of times the sunset date for a facility may be extended.

H.

Denial Without Prejudice.

1.

Grounds for Denial Without Prejudice. The director may deny without prejudice an application for a wireless facility minor modification permit in any of the following circumstances:

a.

The director cannot make all findings required for approval of a wireless facility minor modification permit;

b.

The proposed collocation or modification would cause the violation of an objective, generally applicable law protecting public health or safety; or

c.

The proposed collocation or modification involves the removal and replacement of the facility's entire supporting structure.

2.

Procedures for Denial Without Prejudice. All wireless facility minor modification permit application denials shall be in writing and shall include (i) the decision date; (ii) a statement that the city denies the permit without prejudice; (iii) a short and plain statement of the basis for the denial; and (iv) that the applicant may submit the same or substantially the same permit application in the future.

3.

Submittal After Denial Without Prejudice. After the director denies a wireless facility minor modification permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be allowed to:

a.

Submit a new wireless facility minor modification permit application for the same or substantially the same proposed collocation or modification;

b.

Submit a new wireless facility permit application for the same or substantially the same proposed collocation or modification; or

c.

Submit an appeal of the director's decision.

4.

Costs to Review a Denied Permit. The city shall be entitled to recover the reasonable costs for its review of any wireless facility minor modification permit application. In the event that the director denies a wireless facility minor modification permit application, the city shall return any unused deposit fees within sixty (60) days after a written request from the applicant. An applicant shall not be allowed to submit a wireless facility permit application or submit a wireless facility minor modification permit application for the same or substantially the same proposed modification unless all costs for the previously denied permit application are paid in full.

I.

Additional Notice to Neighbors. After an application for a Tier 2 wireless telecommunication facility permit is complete, the city shall endeavor to provide property owners at least thirty (30) days' prior notice of the initial public hearing on the matter as follows:

1.

Written notice shall be mailed to the record owner of each property within one thousand five hundred (1,500) feet of the proposed site.

A public hearing may be set on less than thirty (30) days' notice if necessary to comply with applicable law, including but not limited the Federal Communications Commission Declaratory Ruling 09-99, WT docket number 08-165, released November 18, 2009, (the "Shot Clock" ruling) and Title 47, United States Code, section 1455 and the Federal Communications Commission's regulations implementing this section, adopted on December 17, 2014, and codified at 47 C.F.R. §§ 1.40001, et seq., as they now exist or may hereafter be amended.

Failure of the city to provide notice pursuant to this subsection (I) shall not be grounds to challenge a determination provided that the notice otherwise required by law has been provided.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

17.31.060 - Wireless telecommunication facility minor modification permit.

Requirements for Personal Wireless Telecommunications Facilities Subject to a Wireless Facility Minor Modification Permit. This subsection governs applications for certain modifications to existing personal wireless telecommunications facilities, as specified.

A.

Purpose. This section is intended to comply with the city's obligations under federal law, which provides that the city "may not deny, and shall approve any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station." (47 U.S.C. § 1455, subd. (a)(1), adopted as Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, Pub.L No. 112-96, 126 Stat. 156.) This section creates a process for the city to review an application for a wireless facility minor modification permit submitted by an applicant who asserts that a proposed collocation or modification to an existing wireless telecommunications facility is covered by this federal law and to determine whether the city must approve the proposed collocation or modification. The city's review of these applications is structured to comply with the requirements of Title 47, United States Code, section 1455 and the Federal Communications Commission's regulations implementing this federal law, adopted on December 17, 2014 and codified at 47 C.F.R. §§ 1.40001, et seq. Consistent with Section 17.31.010(A)(5), this subsection is intended to promote the public's health, safety, and welfare, and shall be interpreted consistent with the federal Telecommunications Act of 1996 (Pub.L. No. 104-104, 110 Stat. 56), Title 47, United States Code, Section 1455, and applicable Federal Communications Commission regulations and court decisions considering these laws and regulations.

B.

Applicability. An applicant seeking approval of a collocation or modification to an existing wireless telecommunication facility which the applicant contends is within the protection of Title 47, United States Code, Section 1455 shall apply for the following at the same time: (i) a wireless facility minor modification permit, in addition to (ii) an encroachment permit from the public works department (if the required by applicable provisions of this Code), and (iii) any other permit required by applicable provisions of this Code including a building permit, an electrical permit, or an oak tree permit.

C.

Application Content. All applications for a wireless facility minor modification permit must include the following items.

1.

Application Form. The city's standard application form, available on the city's website or from the community development department, as may be amended.

2.

Application Fee. An application fee as established by the council by resolution under the authority of Section 17.60.040.

3.

Independent Consultant Deposit. An independent consultant fee deposit, if required by the council by resolution under the authority of Section 17.60.040, to reimburse the city for its costs to retain an independent consultant to review the technical aspects of the application.

4.

Site and Construction Plans. Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect, which include the following items.

a.

A site plan and elevation drawings for the facility as existing and as proposed with all height and width measurements explicitly stated.

b.

A depiction, with height and width measurements explicitly stated, of all existing and proposed transmission equipment.

c.

A depiction of all existing and proposed utility runs and points of contact.

d.

A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view.

e.

For proposed collocations or modifications to wireless towers, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the wireless tower as it existed on February 22, 2012, or as approved if constructed after February 22, 2012. For proposed collocations or modifications to base stations, the plans must include scaled plan views and all four elevations that depict the physical dimensions of the base station as it existed on February 22, 2012, or as approved if constructed after February 22, 2012.

Visual Simulations. A visual analysis that includes (i) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (ii) a color and finished material palate for proposed screening materials; and (iii) a photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.

6.

Statement Asserting that Section 6409 Applies. A written statement asserting that the proposed collocation or modification is an "eligible facilities request" and does not result in a substantial change in the physical dimensions of the facility's wireless tower or base station, as defined by Section 6409, Title 47, United States Code, Section 1455, and justifying that assertion. The written statement shall identify and discuss each required finding for approval of a wireless facility minor modification permit under Section 17.31.060(E) and explain the facts that justify the request for the director to make each finding.

7.

Prior Permits. True and correct copies of all previously issued permits, including all required conditions of approval and a certification by the applicant that the proposal will not violate any previous permit or conditions of approval or why any violated permit or conditions does not prevent approval under Title 47, United States Code, Section 1455 and the Federal Communications Commission's regulations implementing this federal law.

8.

Affirmation of Radio Frequency Standards Compliance. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, because it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination Of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power."

9.

Structural Analysis. A structural analysis, prepared, signed, and sealed by a California-licensed engineer that assesses whether the proposed wireless telecommunications facility complies with all applicable building codes.

10.

Noise Study. A noise study, prepared, signed, and sealed by a California-licensed engineer, for the proposed personal wireless telecommunication facility including, but not limited to, equipment, such as air conditioning units and back-up generators; or a written statement signed and sealed by a California-licensed engineer indicating that the proposed modification(s) will not alter the existing noise levels or operational equipment which creates noise.

11.

Other Permits. An application for a wireless facility minor modification permit shall include all permit applications with all required application materials for each and every separate permit required by the city for the proposed collocation or modification to an existing personal wireless telecommunications facility, including a building permit, an encroachment permit (if applicable), and an electrical permit (if applicable).

12.

Other Information. Such other information as the city may require, as specified in publicly available materials, including information required as stated on the city's website.

D.

Application Review, Notice, and Hearing. Each application for a wireless facility minor modification permit shall be reviewed by the director at a public hearing. Notice of the public hearing shall be provided in accord with Chapter 17.78, except that written notice shall be mailed to the record owner of each property within three hundred (300) feet of the site of the proposed modification. Under federal law, the city must approve or deny an application for a wireless facility minor modification permit, together with any other city permits required for a proposed wireless facility modification, within sixty (60) days after the applicant submits the application for a wireless facility minor modification permit, unless tolled due to issuance of any notice of incomplete filing or by mutual agreement between the city and the applicant. Under federal law, failure to act on a wireless facility minor modification permit application within the sixty-day review period, excluding tolling period, will result in the permit being deemed granted by operation of law. Any application that is determined to be incomplete, and is not subsequently modified to be complete in the judgment of the director under applicable law within thirty (30) days after the city's notification to the applicant that the application is incomplete, shall be deemed withdrawn.

E.

Findings Required for Approval by Director at Public Hearing.

1.

Facilities Not Located Within the Public Right-of-Way. The director must approve an application for a wireless facility minor modification permit for a collocation or modification to an existing wireless tower on private property only if each of the following findings can be made:

a.

The applicant proposes a collocation or modification to a structure constructed and maintained with all necessary permits in good standing for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities;

b.

The proposed collocation or modification does not increase the height of the existing personal wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012, by more than ten (10) percent or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater;

c.

The proposed collocation or modification does not increase the width of the facility by more than twenty (20) feet or the width of the tower at the level of the appurtenance, whichever is greater;

d.

The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

e.

The proposed collocation or modification does not involve any excavation outside the lease or license area of the facility, including any access or utility easements;

f.

The proposed collocation or modification does not defeat any existing concealment elements of the support structure; and

g.

The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, United States Code, Section 1455, subdivision (a).

2.

Facilities Located Within the Public Right-of-Way. The director must approve an application for a wireless facility minor modification permit for a collocation or modification to an existing base station on private property only if each of the following findings can be made:

a.

The applicant proposes a collocation or modification to a structure constructed and maintained with all necessary permits in good standing, whether built for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities or not, that currently supports existing wireless transmission equipment;

b.

The proposed collocation or modification does not increase the height of the existing personal wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012, by more than ten (10) percent or ten (10) feet, whichever is greater;

c.

The proposed collocation or modification does not increase the width of the facility by more than six feet;

d.

The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

e.

The proposed collocation or modification does not involve any excavation outside the lease or license area of the facility, including any access and utility easements;

f.

The proposed collocation or modification does not defeat any existing concealment elements of the support structure; and

g.

The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, United States Code, Section 1455, subdivision (a).

3.

Base Station Located Within the Public Right-of-Way. The director must approve an application for a wireless facility minor modification permit for a collocation or modification to an existing wireless tower or base station in the public right-of-way only if each of the following findings can be made:

a.

The applicant proposes a collocation or modification to either (i) a structure constructed and maintained with all necessary permits in good standing for the sole or primary purpose of supporting any Federal Communications Commission licensed or authorized antennas and their associated facilities or (ii) a structure constructed and maintained with all necessary permits in good standing, whether built for the sole or primary purpose of supporting any Federal Communications Commission

licensed or authorized antennas and their associated facilities or not, that currently supports existing wireless transmission equipment;

b.

The proposed collocation or modification does not increase the height of the existing personal wireless telecommunication facility above its lowest height on February 22, 2012, or as approved if constructed after February 22, 2012, by more than ten (10) percent or ten (10) feet, whichever is greater;

c.

The proposed collocation or modification does not increase the width of the facility by more than six feet;

d.

The proposed collocation or modification does not involve the installation of more than the standard number of new equipment cabinets for the technology involved, not to exceed four;

e.

The proposed collocation or modification does not involve either (i) the installation of any new equipment cabinets on the ground, if none already exist, or (ii) the installation of ground equipment cabinets that are more than ten (10) percent larger in height or overall volume than any existing ground cabinets;

f.

The proposed collocation or modification does not involve any excavation outside the area in proximity to the existing ground-mounted equipment in the public right-of-way;

g.

The proposed collocation or modification does not defeat any existing concealment elements of the existing structure; and

h.

The proposed collocation or modification does not violate any prior conditions of approval, except as may be preempted by Section 6409, Title 47, United States Code, Section 1455, subdivision (a).

F.

Conditions of Approval for Wireless Facility Minor Modification Permits. In addition to any other conditions of approval permitted under federal and state law and this Code that the director deems appropriate or required under this Code, all wireless facility minor modification permits under this subsection, whether approved by the director or deemed granted by the operation of law, shall include the following conditions of approval:

1.

No Automatic Renewal. The grant or approval of a wireless facility minor modification permit shall not renew or extend the underlying permit term.

2.

Compliance with Previous Approvals. The grant or approval of a wireless facility minor modification permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by Section 6409, subdivision (a).

3.

As-Built Plans. The applicant shall submit to the director an as-built set of plans and photographs depicting the entire personal wireless telecommunications facility as modified, including all transmission equipment and all utilities, within ninety

(90) days after the completion of construction.

4.

Indemnification. To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless city, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to the wireless facility minor modification permit and the issuance of any permit or entitlement in connection therewith. The applicant shall pay such obligations as they are incurred by city, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the city reasonably determines necessary to protect the city from exposure to fees, costs or liability with respect to such claim or lawsuit.

5.

Compliance with Applicable Laws. The applicant shall comply with all applicable provisions of this Code, any permit issued under this Code, and all other applicable federal, state, and local laws. Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this Code, any permit issued under this Code, or all other applicable laws and regulations.

6.

Compliance with Approved Plans. The proposed project shall be built in compliance with the approved plans on file with the planning division.

7.

Violations. The facility shall be developed, maintained, and operated in full compliance with the conditions of the wireless facility minor modification permit, any other applicable permit, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of this Code, the conditions of approval for the wireless facility minor modification permit, or any other law, statute, ordinance or other regulation applicable to any development or activity on the site may result in the revocation of this permit. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

8.

In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, Title 47, United States Code, Section 1455, such that such statute would not mandate approval for the collocation or modification granted or deemed granted under a wireless facility minor modification permit, such permit shall automatically expire twelve (12) months from the date of that opinion.

9.

The grant, deemed-grant or acceptance of wireless facility minor modification permit shall not waive and shall not be construed or deemed to waive the city's standing in a court of competent jurisdiction to challenge Title 47, United States Code, Section 1455 or any wireless facility minor modification permit issued pursuant to Title 47, United States Code, Section 1455 or this Code.

G.

Wireless Facility Minor Modification Permit Denial Without Prejudice.

Grounds for Denial Without Prejudice. The director may deny without prejudice an application for a wireless facility minor modification permit in any of the following circumstances;

a.

The director cannot make all findings required for approval of a wireless facility minor modification permit;

b.

The proposed collocation or modification would cause the violation of an objective, generally applicable law protecting public health or safety;

c.

The proposed collocation or modification involves the removal and replacement of the facility's entire supporting structure; or

d.

The proposed collocation modification does not qualify for mandatory approval under Title 47, United States Code, Section 1455, as may be amended or superseded, and as may be interpreted by any order of the Federal Communications Commission or any court of competent jurisdiction.

2.

Procedures for Denial Without Prejudice. All wireless facility minor modification permit application denials shall be in writing and shall include (i) the decision date; (ii) a statement that the city denies the permit without prejudice; (iii) a short and plain statement of the basis for the denial; and (iv) that the applicant may submit the same or substantially the same permit application in the future.

3.

Submittal After Denial Without Prejudice. After the director denies a wireless facility minor modification permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be allowed to:

a.

Submit a new wireless facility minor modification permit application for the same or substantially the same proposed collocation or modification;

b.

Submit a new wireless facility permit application for the same or substantially the same proposed collocation or modification; or

c.

Submit an appeal of the director's decision.

4.

Costs to Review a Denied Permit. The city shall be entitled to recover the reasonable costs for its review of any wireless facility minor modification permit application. In the event that the director denies a wireless facility minor modification permit application, the city shall return any unused deposit fees within sixty (60) days after a written request from the applicant. An applicant shall not be allowed to submit a wireless facility permit application or submit a wireless facility minor modification permit application for the same or substantially the same proposed modification unless all costs for the previously denied permit application are paid in full.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

This subsection governs applications for small wireless facilities permits.

A.

Purpose. This section is intended to comply with the city's obligations under 47 C.F.R. Section 1.6001 et seq., which implements 47 U.S.C. Sections 332(c)(7) and 1455. This subsection creates a process for the city to review an application for a small wireless facility permit submitted by an applicant who asserts that a proposed collocation of a small wireless facility using an existing structure or the deployment of a small wireless facility using a new structure, and the modifications of such small wireless facilities, is covered by federal law and to determine whether the city must approve the proposed collocation or deployment.

B.

Applicability. An applicant seeking approval of a collocation to an existing structure or a deployment to a new structure which the applicant contends is within the protection of Title 47, United States Code, Section 1455 shall apply for the following at the same time: (i) a small wireless facility permit, (ii) an encroachment permit from the public works department (if required by applicable provisions of this Code), and (iii) any other permit required by applicable provisions of this Code including a building permit, an electrical permit, or an oak tree permit.

C.

Application Content. All applications for a small wireless facility permit must include the following items:

1.

Application Forms. The city's standard application form, available on the city's website or from the community development department, as may be amended by the community development director.

2.

An application fee as established by the council by resolution under the authority of Section 17.60.040.

3.

Independent Consultant Deposit. An independent consultant fee deposit, if required by the council by resolution under the authority of Section 17.60.040, to reimburse the city for its costs to retain an independent consultant to review the technical aspects of the application.

4.

Site and Construction Plans. Complete and accurate plans, drawn to scale, signed, and sealed by a California-licensed engineer, land surveyor, and/or architect, which include the following items.

a.

A site plan and elevation drawings for the facility as existing and as proposed with all height, depth, and width measurements explicitly stated.

b.

A depiction, with height, depth, and width measurements explicitly stated, of all existing and proposed transmission equipment.

c.

A depiction of all existing and proposed utility runs and points of contact.

d.

A depiction of the leased or licensed area of the site with all rights-of-way and easements for access and utilities labeled in plan view.

e.

All four elevations that depict the physical dimensions of the wireless tower or support structure and all transmission equipment, antennas and attachments.

f.

A demolition plan.

5.

Visual Simulations. A visual analysis that includes (i) scaled visual simulations that show unobstructed before-and-after construction daytime and clear-weather views from at least four angles, together with a map that shows the location of each view angle; (ii) a color and finished material palate for proposed screening materials; and (iii) a photograph of a completed facility of the same design and in roughly the same setting as the proposed wireless communication facility.

6.

Statement Asserting That 47 C.F.R. Section 1.6001 Et Seq. Applies. A written statement asserting that the proposed collocation or deployment qualifies as a "small wireless facility" as defined by the FCC in 47 C.F.R. Section 1.6002.

7.

Prior Permits. True and correct copies of all previously issued permits, including all required conditions of approval and a certification by the applicant that the proposal will not violate any previous permit or conditions of approval or why any violated permit or conditions does not prevent approval under Title 47, United States Code, Section 1455 and the Federal Communications Commission's regulation implementing this federal law.

8.

Affirmation of Radio Frequency Standards Compliance. An affirmation, under penalty of perjury, that the proposed installation will be FCC compliant, because it will not cause members of the general public to be exposed to RF levels that exceed the MPE levels deemed safe by the FCC. A copy of the fully completed FCC form "A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance: Appendix A" titled "Optional Checklist for Determination of Whether a Facility is Categorically Excluded" for each frequency band of RF emissions to be transmitted from the proposed facility upon the approval of the application. All planned radio frequency emissions on all frequency bands must be shown on the Appendix A form(s) attached to the application. All planned radio frequency emissions are to be entered on each Appendix A form only in wattage units of "effective radiated power."

9.

Structural Analysis. A structural analysis, prepared, signed, and sealed by a California-licensed engineer that assesses whether the proposed small wireless facility complies with all applicable building codes.

10.

Noise Study. A noise study or written statement, prepared by a qualified engineer, for the proposed personal wireless telecommunication facility including, but not limited to, equipment, such as air conditioning units and back-up generators. The noise study shall assess compliance with Section 17.31.030.

Site Survey. For any new small wireless facility proposed to be located within the public right-of-way, the applicant shall submit a survey prepared, signed and stamped by a California licensed or registered engineer or surveyor. The survey shall identify and depict all existing boundaries, encroachments and other structures with two hundred fifty (250) feet from the proposed project site, which includes without limitation all: (i) traffic lanes; (ii) all private properties and property lines; (iii) above and below grade utilities and related structures and encroachments; (iv) fire hydrants, roadside call boxes and other public safety infrastructure; (v) streetlights, decorative poles, traffic signals and permanent signage; (vi) sidewalks, driveways, parkways, curbs, gutters and storm drains; (vii) benches, trash cans, mailboxes, kiosks, and other street furniture; and (viii) existing trees, oak trees, planters and other landscaping features.

12.

Other Permits. An application for a small wireless facility permit shall include all permit applications with all required application materials for each and every separate permit required by the city for the proposed collocation or deployment, including a building permit, an encroachment permit (if applicable) and an electrical permit (if applicable).

D.

Application Review. Each application for a new or modified small wireless facility permit shall be reviewed by the director. The city must approve or deny an application for a small wireless facility permit, together with any other city permits required for a proposed small wireless facility, within sixty (60) days after the applicant submits an application to collocate a small wireless facility using an existing structure, and within ninety (90) days after the applicant submits an application to deploy a small wireless facility using a new structure. At the time an application is deemed complete, the director shall provide written notice to all property owners within three hundred (300) feet of the site of a proposed small wireless facility.

Applicants may submit up to five individual applications for a small wireless facility permit in a batch; provided, however, that small wireless facilities in a batch must be proposed with substantially the same equipment in the same configuration on the same support structure type. Each application in a batch must meet all the requirements for a complete application, which includes without limitation the application fee for each application in the batch. If any application in a batch is incomplete, the entire batch shall be deemed incomplete. If any application is withdrawn or deemed withdrawn from a batch, the entire batch shall be deemed withdrawn. If any application in a batch fails to meet the required findings for approval, the entire batch shall be denied. Any application that is determined to be incomplete, and is not subsequently modified to be complete in the judgment of the director under applicable law within thirty (30) days after the city's notification to the applicant that the application is incomplete, shall be deemed withdrawn.

E.

Tolling Period. Unless a written agreement between the applicant and the city provides otherwise, the application is tolled when the city notifies the applicant within ten (10) days of the applicant's submission of the application that the application is materially incomplete and identifies the missing documents or information. The shot clock may again be tolled if the city provides notice within ten (10) days of the application's resubmittal that it is materially incomplete and identifies the missing documents or information. For an application to deploy small wireless facilities, if the city notifies the applicant on or before the tenth day after submission that the application is materially incomplete, and identifies the missing documents or information and the rule or regulation creating the obligation to submit such documents or information, the shot clock date calculation will restart at zero on the date the applicant submits a completed application.

F.

Standards Governing Approval by the Director. The director shall approve or deny an application to collocate a small wireless facility using an existing structure by evaluating the following standards in addition to the standards set forth in Section 17.31.030:

1.

The existing structure was constructed and maintained with all necessary permits in good standing.

The existing structure is fifty (50) feet or less in height, including any antennas, or the existing structure is no more than ten (10) percent taller than other adjacent structures.

3.

Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume.

4.

All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment serving the facility, is no more than twenty-eight (28) cubic feet in volume.

5.

The small wireless facilities do not extend the existing structure on which they are located to a height of more than fifty (50) feet or by more than ten (10) percent, whichever is greater.

6.

The small wireless facility does not require an antenna structure registration under part 47 C.F.R. Section 17.1 et seq.

7.

The small wireless facility is not located on Tribal lands, as defined under 36 C.F.R. Section 800.16(x).

8.

The proposed collocation is consistent with the allowed locations in Table 17.31.1 of Section 17.31.030.

9.

The proposed collocation is consistent with the design and development standards of subsection 17.31.030.

10.

The proposed collocation is consistent with the independent expert review provisions of subsection 17.31.030(C).

11.

The proposed collocation is consistent with the conditions of approval provisions of subsection 17.31.030.

12.

For collocations not located within the public right-of-way, the proposed collocation shall be consistent with the standards of subsection 17.31.030(A)(2).

13.

For collocation located within the public right-of-way, the proposed collocation shall be consistent with subsection 17.31.030(A)(1).

14.

The proposed collocation would be in the most preferred location and configuration within two hundred fifty (250) feet from the proposed site in any direction or the applicant has demonstrated with clear and convincing evidence in the written record that any more-preferred location or configuration within two hundred fifty (250) feet would be technically infeasible, applying the preference standards of this section.

The proposed collocation is designed as a stealth facility, to the maximum feasible extent.

G.

Findings. The director may approve an application for a small wireless facility permit only if each of the following findings can be made:

1.

The proposed project meets the definition for a "small wireless facility" as defined by the FCC;

2.

The proposed project would be in the most preferred location as identified in Section 17.31.050(C)(2) within two hundred fifty (250) feet from the proposed site in any direction, or the applicant has demonstrated with clear and convincing evidence that any more preferred location(s) within two hundred fifty (250) feet would be technically infeasible;

3.

The proposed project complies with the standards for a small wireless facility as specified in Section 17.31.070(F)

4.

For proposed project not located within the public right-of-way, the proposed project complies with subsection 17.31.030(A) (2).

5.

For proposed projects located within the public right-of-way, the proposed project complies with subsection 17.31.030(A)(1).

6.

The proposed collocation is designed as a stealth facility, to the maximum feasible extent.

H.

Conditions of Approval for Small Wireless Facility Permits. In addition to any other conditions of approval permitted under federal and state law and this Code that the director deems appropriate or required under this Code, all small wireless facility permits under this subsection shall include the following conditions of approval:

1.

No Automatic Renewal. The grant or approval of a small wireless facility permit shall not renew or extend the underlying permit term.

2.

Compliance With Previous Approvals. The grant or approval of a small wireless facility permit shall be subject to the conditions of approval of the underlying permit.

3.

As-Built Plans. The applicant shall submit to the director an as-built set of plans and photographs depicting the entire small wireless facility as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction.

Indemnification. To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless [the] city, its employees, agents and officials, from and against any liability, claims, suits, actions, arbitration proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including, but not limited to, actual attorney fees, litigation expenses and court costs of any kind without restriction or limitation, incurred in relation to, as a consequence of, arising out of or in any way attributable to, actually, allegedly or impliedly, in whole or in part, related to the small wireless facility permit and the issuance of any permit or entitlement in connection therewith. The applicant shall pay such obligations as they are incurred by [the] city, its employees, agents and officials, and in the event of any claim or lawsuit, shall submit a deposit in such amount as the city reasonably determines necessary to protect the city from exposure to fees, costs or liability with respect to such claim or lawsuit.

5.

Compliance With Applicable Laws. The applicant shall comply with all applicable provisions of this Code, any permit issued under this Code, and all other applicable federal, state, and local laws. Any failure by the city to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this Code, any permit issued under this Code, or all other applicable laws and regulations.

6.

Compliance With Approved Plans. The proposed project shall be built in compliance with the approved plans on file with the planning division.

7.

Violations. The small wireless facility shall be developed, maintained, and operated in full compliance with the conditions of the small wireless facility permit, any other applicable permit, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Failure of the applicant to cease any development or activity not in full compliance shall be a violation of these conditions. Any violation of this Code, the conditions of approval for the small wireless facility permit, or any other law, statute, ordinance or other regulation applicable to any development or activity on the site may result in the revocation of this permit. The remedies specified in this section shall be cumulative and the city may resort to any other remedy available at law or in equity and resort to any one remedy shall not cause an election precluding the use of any other remedy with respect to a violation.

8.

In the event that a court of competent jurisdiction invalidates or limits, in part or in whole, Title 47, United States Code, Section 1455, such that such statute would not mandate approval for the collocation or deployment granted or deemed granted under a small wireless facility permit, such permit shall automatically expire twelve (12) months from the date of that opinion.

9.

The grant, deemed-grant or acceptance of a small wireless facility permit shall not waive and shall not be construed or deemed to waive the city's standing in a court of competent jurisdiction to challenge Title 47, United States Code, Section 1455 or any small wireless facility permit issued pursuant to Title 47, United States Code, Section 1455 or this Code.

I.

Small Wireless Facility Permit Denial Without Prejudice.

1.

Grounds for Denial Without Prejudice. The director may deny without prejudice an application for a small wireless facility permit in any of the following circumstances:

a.

The director cannot make all findings required for approval of a small wireless facility permit;

b.

The proposed collocation or deployment would cause the violation of an objective, generally applicable law protecting public health or safety;

c.

The proposed collocation or deployment involves the removal and replacement of an existing facility's entire supporting structure; or

d.

The proposed collocation or deployment does not qualify for mandatory approval under Title 47, United States Code, Section 1455, as may be amended or superseded, and as may be interpreted by any order of the Federal Communications Commission or any court of competent jurisdiction.

2.

Procedures for Denial Without Prejudice. All small wireless facility permit application denials shall be in writing and shall include (i) the decision date; (ii) a statement that the city denies the permit without prejudice; (iii) a short and plain statement of the basis for the denial; and (iv) that the applicant may submit the same or substantially the same permit application in the future.

3.

Submittal After Denial Without Prejudice. After the director denies a small wireless facility permit application, and subject to the generally applicable permit application submittal provisions in this chapter, an applicant shall be allowed to:

a.

Submit a new small wireless facility permit application for the same or substantially the same proposed collocation or deployment;

b.

Submit a new wireless facility permit application for the same or substantially the same proposed collocation or deployment; or

c.

Submit an appeal of the director's decision.

4.

Costs to Review a Denied Permit. The city shall be entitled to recover the reasonable costs for its review of any small wireless facility permit application. In the event that the director denies a small wireless facility permit application, the city shall return any unused deposit fees within sixty (60) days after a written request from the applicant. An applicant shall not be allowed to submit a small wireless facility permit application for the same or substantially the same proposed modification unless all costs for the previously denied permit application are paid in full.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

17.31.080 - Communications and technology commission as planning commission for specified purposes.

For purposes of approvals required by this Chapter 17.31 and any other entitlement under this Code required only because the application seeks to construct or operate a personal wireless telecommunication facility (including, but not limited to, a

scenic corridor permit, a variance, or an oak tree permit), "commission" means the communications and technology commission created pursuant to Chapter 2.38 of this Code, which is hereby constituted as a planning commission of the city for that purpose pursuant to Government Code Section 65100. As to any application that seeks approvals for both (i) new structures, or uses of existing structures or of land other than construction and operation of a personal wireless telecommunication facility and (ii) for the construction and operation of a personal wireless telecommunication facility, the communications and technology commission shall be the "commission" for purposes of approvals required only because the application seeks to construct and operate a personal wireless telecommunication facility. The planning commission created pursuant to Chapter 2.28 of this Code shall be the "commission" for all other entitlements sought by the application. In addition, the communications and technology commission shall be the "commission" for purposes of review of proposed amendments to this Chapter 17.31. Any appeal of a decision by the director related to a permit application under this Chapter 17.31 shall be heard by the communications and technology commission, subject to further appeal to the city council, under the requirements of Chapter 17.74.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

In addition to any other remedy available to the city under this Code, at law or in equity, violations of this Chapter 17.31 may be remedied as follows:

A.

The city attorney or city prosecutor may bring a civil action to enforce this section and to obtain the remedies specified below or otherwise available in equity or at law.

B.

Private Enforcement. In addition to any other remedy available to the city under this Code, at law or in equity, violations of this Chapter 17.31 may be remedied as follows:

1.

The action is commenced more than sixty (60) days after the private enforcer gives written notice of an alleged violation of this section to the city attorney and to the alleged violator.

2.

No person acting on behalf of the city has commenced or is prosecuting an action regarding the violation(s) which was or were the subject of the notice on the date the private action is filed.

C.

A private enforcer shall provide a copy of his, her, or its action to the city attorney within seven days of filing it.

D.

Upon settlement of or entry of judgment in an action brought pursuant to paragraph (7) of this subsection (I), the private enforcer shall give the city attorney a notice of that settlement or judgment. No private enforcer may settle such an action unless the city attorney or the court determines the settlement to be reasonable in light of the purposes of this section. Any settlement in violation of this requirement shall be set aside upon motion of the city attorney or city prosecutor to a court of competent jurisdiction.

E.

Upon proof of a violation of this section, the court shall award the following:

Appropriate injunctive relief and damages in the amount of either:

a.

Upon proof, actual damages;

b.

With insufficient or no proof of damages, a minimum of five hundred dollars ($500.00) for each violation of this section (hereinafter "statutory damages"). Unless otherwise specified in this section, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this section, no private enforcer suing on behalf of the general public shall recover statutory damages based upon a violation of this section if a previous claim brought on behalf of the general public for statutory damages and based upon the same violation has been adjudicated, whether or not the private enforcer was a party to that earlier adjudication.

2.

Restitution to the appropriate party or parties of gains obtained due to a violation of this section.

3.

Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for public health and safety.

4.

Attorney's fees and costs reasonably incurred by a successful party in prosecuting or defending an action.

Any damages awarded in an action brought by the city attorney or city prosecutor shall be paid into the city's general fund, unless the court determines that they should be paid to a damaged third party.

F.

Upon proof of at least one violation of this section, a private enforcer, the city prosecutor, city attorney, any peace officer or code enforcement official may obtain an injunction against further violations of this section or, as to small claims court actions, a judgment payable on condition that a further violation of this section occur within a time specified by the court.

G.

Notwithstanding any legal or equitable bar, a private enforcer may bring an action to enforce this section solely on behalf of the general public. When a private enforcer does so, nothing about such an action shall act to preclude or bar the private enforcer from bringing a subsequent action on his, her, or its own behalf based upon the same facts.

H.

Nothing in this section shall prohibit a private enforcer from bringing an action to enforce this section in small claims court, provided the relief sought is within the jurisdiction of that court.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

In addition to the definitions provided in Chapter 17.90 of this title and in Chapter 1.08 of Title 1 of this Code, this Chapter 17.31 shall be construed in light of the following definitions:

"Accessory equipment" means any equipment installed, mounted, operated or maintained in close proximity to a personal wireless telecommunication facility to provide power to the personal wireless telecommunication facility or to receive, transmit or store signals or information received by or sent from a personal wireless telecommunication facility.

"Antenna structure" means any antenna, any structure designed specifically to support an antenna and/or any appurtenances mounted on such a structure or antenna.

"Applicable law" means all applicable federal, state and local law, ordinances, codes, rules, regulations and orders, as the same may be amended from time to time.

"Applicant" includes any person or entity submitting an application to install a personal wireless telecommunication facility under this section and the persons within the scope of the term "applicant" as defined by Section 17.90.020 of this Code.

"Base station" means the equipment and non-tower supporting structure at a fixed location that enables Federal Communications Commission licensed or authorized wireless telecommunications between user equipment and a communications network.

"City" means the City of Calabasas and is further defined in Section 1.08.020 of this Code.

"Collocation" means the mounting or installation of additional wireless transmission equipment at an existing wireless facility.

"Commission" has the meaning set forth in paragraph (I) of this section.

"dBA" is defined in Chapter 17.90 of this title.

"Director" means the City of Calabasas Community Development Director or his or her designee.

"FCC" means the Federal Communications Commission or any successor to that agency.

"In-kind call testing" means testing designed to measure the gap in coverage asserted by an applicant. If a claimed gap is for in-building coverage, then in-building call testing must be performed to establish the existence or absence of such a gap unless the applicant provides a sworn affidavit demonstrating good faith but unsuccessful attempts to secure access to buildings to conduct such testing and the circumstances that prevented the applicant from conducting such testing. Claimed gaps in service for "in-vehicle" or "open-air" service may be demonstrated by call testing performed in vehicles or in the open.

"Least intrusive means" means that the location or design of a personal wireless telecommunication facility addresses a significant gap in an applicant's personal communication service while doing the least disservice to the policy objectives of this chapter as stated in Section 17.12.050(A). Analysis of whether a proposal constitutes the least intrusive means shall include consideration of means to close an asserted significant gap by co-locating a new personal wireless telecommunication facility on the site, pole, tower, or other structure of an existing personal wireless telecommunication facility.

sservice to the policy objectives of this chapter as stated in Section 17.12.050(A). Analysis of whether a proposal constitutes the least intrusive means shall include consideration of means to close an asserted significant gap by co-locating a new personal wireless telecommunication facility on the site, pole, tower, or other structure of an existing personal wireless telecommunication facility.

"Monopole" means a structure composed of a single spire, pole, or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm, and similar monopoles camouflaged to resemble faux objects attached on a monopole.

"MPE" means maximum permissible exposure.

"Non-tower supporting structure" means any structure, whether built for wireless communications purposes or not, that supports wireless transmission equipment under a valid permit at the time an applicant submits an application for a permit under this Code and which is not a wireless tower.

"OET" or "FCC OET" means the Office of Engineering and Technology of the Federal Communications Commission.

"Open space" includes (1) land which is zoned OS, OS-DR, or REC, (2) land in residential zones upon which structures may not be developed by virtue of a restriction on title, (3) all common areas, private parks, slope easements, and (4) any other area owned by a homeowners association or similar entity.

"Park" and "playground" shall have their ordinary, dictionary meanings.

"Personal communication service" means commercial mobile services provided under a license issued by the FCC.

"Personal wireless telecommunication facility," "wireless telecommunication facility," or "wireless facility" means a structure, antenna, pole, tower, equipment, accessory equipment and related improvements used, or designed to be used, to provide wireless transmission of voice, data, images or other information, including, but not limited to, cellular phone service, personal communication service and paging service.

"Private enforcer" has the meaning provided in 17.31.090.

"Residential zone" means a zone created by Chapter 17.13 of this title.

"RF" means radio frequency.

"Significant gap" as applied to an applicant's personal communication service or the coverage of its personal wireless telecommunication facilities is intended to be defined in this chapter consistently with the use of that term in the Telecommunications Act of 1996 and case law construing that statute. Provided that neither the Act nor case law construing it requires otherwise, the following guidelines shall be used to identify such a significant gap:

1.

A significant gap may be demonstrated by in-kind call testing.

2.

The commission shall accept evidence of call testing by the applicant and any other interested person and shall not give greater weight to such evidence based on the identity of the person who provides it but shall consider (i) the number of calls conducted in the call test, (ii) whether the calls were taken on multiple days, at various times, and under differing weather and vehicular traffic conditions, and (iii) whether calls could be successfully initiated, received and maintained in the area within which a significant gap is claimed.

3.

A significant gap may be measured by:

a.

The number of people affected by the asserted gap in service;

b.

Whether a wireless communication facility is needed to merely improve weak signals or to fill a complete void in coverage;

c.

Whether the asserted gap affects Highway 101, a state highway, or an arterial street which carries significant amounts of traffic.

"Small wireless facility" means a personal wireless telecommunication facility that also meets the definition of a small wireless facility by the FCC in 47 C.F.R. Section 1.6002, as may be amended or superseded.

"Stealth facility" means any personal wireless telecommunication facility which is designed to blend into the surrounding environment by, among other things, architecturally integrating into a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, equipment housing and enclosure; and related above-ground accessory equipment. All equipment shall be placed underground or pole mounted to the maximum extent feasible. All wires, cables, and any other connections shall be completely concealed from public view to the maximum extent feasible. Only non-functional, screening material equivalent in appearance to the existing, underlying building, light standard, or other structure may be visible.

"Tier 1 wireless telecommunication facility permit" means a permit issued under this chapter authorizing the installation, operation and maintenance of a personal wireless telecommunications facility. Except as otherwise provided by this chapter, the procedures for the application for, approval of, and revocation of such a permit shall be those required by this chapter.

"Tier 2 wireless telecommunication facility permit" means a permit issued under this chapter authorizing the installation, operation and maintenance of a personal wireless telecommunications facility. Except as otherwise provided by this chapter, the procedures for the application for, approval of, and revocation of such a permit shall be those required by this chapter (including, but not limited to, those of Section 17.62.060 for a conditional use permit).

"Transmission equipment" or "wireless transmission equipment" means any equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supplies.

pment" or "wireless transmission equipment" means any equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supplies.

"Wireless" means any Federal Communications Commission licensed or authorized wireless telecommunications service.

"Wireless facility minor modification permit" means a permit issued under this chapter authorizing the modification of an existing personal wireless telecommunications facility. The procedures for the application for, approval of, and revocation of such a permit shall be those required by this title, including, but not limited to, Section 17.31.060.

"Wireless tower" or "telecommunications tower" mean any structure, including a freestanding mast, pole, monopole, guyed tower, lattice tower, free standing tower or other structure, designed and constructed for the primary purpose of supporting any Federal Communications Commission licensed or authorized wireless telecommunications facility antennas and their associated facilities.

(Ord. No. 2021-391, § 5(Exh. B), 4-14-2021)

Chapter 17.32 - OAK TREE REGULATIONS

17.32.010 - Oak trees, oak tree permit.

A.

Purpose.

1.

The City of Calabasas lies within a unique area of Los Angeles County, the beauty and welfare of which is greatly enhanced by the presence of large numbers of oak trees and scrub oak habitat areas. Past development of the area resulted in removal of a great number of these trees and diminished resource habitat areas. Further destruction of these finite resources would detrimentally affect the ecosystem and aesthetics of the city.

2.

It is the policy of the city to preserve and enhance its ecosystem, one element being its inventory of oak trees and scrub oak habitat, due in part to their contribution to the hardwood canopy and wildlife habitat. Other identified benefits of oak trees and scrub oak habitat to the health, safety and welfare of the citizens of Calabasas include, but are not limited to, erosion control, solar benefits, dust control, visual enjoyment, energy reduction, property values and the sense of community and place created by the surrounding vistas.

3.

The preservation program outlined in this section contributes to the historical and environmental value of these trees to the community. Accordingly, the spirit and intent of this section are meant to have an equal parity to its articulated contents.

B.

Oak Tree and Scrub Oak Habitat Preservation.

1.

Any person or entity that owns, controls or has custody or possession of any real property within the city shall maintain all oak trees and scrub oak habitat located thereon in a state of good health pursuant to the most current "Oak Tree Preservation and Protection Guidelines" (Guidelines) adopted by council Resolution 91-36, which can be found on file in the office of the city clerk.

2.

In an effort to further the goals and intent of this section, the city shall establish an oak tree preservation program. The objectives of this program shall include, but not be limited to, the following:

a.

Reforestation of sites inside or outside of a project area that will not be subject to future development;

b.

Replacement of existing oak woodlands and scrub oak habitat previously removed for development;

c.

Public acquisition of or establishment of permanent conservation easements on otherwise developable lands;

d.

Public environmental education regarding reforestation and habitat preservation;

e.

Support for nonprofit organizations and other governmental agencies for the acquisition, preservation and reforestation of oak woodlands and other suitable wildlife habitat areas.

3.

All cash fees, fines, forfeitures and mitigations, apart from permit processing fees, shall be placed within a fund for the oak tree and scrub oak habitat preservation program.

C.

Oak Tree Permit Requirements and Exemptions.

1.

Requirements.

a.

No person shall alter any oak tree or scrub oak habitat on any real property within the city, unless a valid oak tree permit is issued pursuant to the provisions of this section and the guidelines.

b.

Any other permit issued for the purpose of development of any public or private property shall also comply with this section.

2.

Exemptions. A permit is not required to cut or remove an oak tree or alter scrub oak habitat under the following circumstances:

a.

If the oak tree is less than two inches in diameter, unless the tree is within a scrub oak habitat or was planted as mitigation for a prior removal;

b.

If an oak tree or scrub oak habitat is damaged by thunderstorms, windstorms, floods, earthquakes, fires, or other natural disaster or incident and verified by city staff;

c.

Replacement or repair of existing utility lines or structures, while performing emergency or routine maintenance activities that may impact oak trees or scrub oak habitat, and which are necessary to maintain the facilities or other property of a public utility. The utility shall notify the city of any action taken that impacts oak trees or scrub oak habitat as soon as reasonably possible.

3.

Minor Oak Tree Permit. A minor oak tree permit shall be required to remove or alter oak trees, under the following circumstances:

a.

When an oak tree is less than six inches in diameter, as confirmed by city staff, and has any portion of its trunk located within forty (40) feet of an existing primary structure, unless the tree was planted as mitigation for a prior removal. Oak trees located within a public right-of-way, however, are not exempted by this subsection;

b.

Pruning of oak trees or vegetation on scrub oak habitat for fuel modification to meet city requirements. Official agency documentation must be provided to the city and verified by city staff prior to commencing work;

c.

Routine maintenance action needed to maintain the continued good health of an oak tree, limited to removal of deadwood, insect control spraying, fertilization, cabling, mulching and watering;

d.

Routine maintenance actions needed to assure safe clearance for pedestrians, vehicles or structures;

e.

Replacement, modification or repair of existing improvements within the protected zone of an oak tree, as long as the tree is not impacted by the action.

4.

Utility Projects. New construction, modification or replacement of existing facilities, excluding the replacement or repair of utility lines and structures as discussed in subsection (C)(2)(c) of this section, shall be governed by the provisions of this section. Utilities shall be responsible for damage to oak trees. Utilities shall be required to notify the city five working days prior to any maintenance activity that might affect an oak tree or scrub oak habitat. As an alternative to individual prior notifications for each maintenance activity, the utility may submit an annual notification of maintenance activities to the city. This notification shall include, but is not limited to, the following:

a.

List of facilities;

b.

Schedule of work;

c.

Extent of maintenance activities;

d.

List of oak trees and/or scrub oak habitat that might be affected.

Utilities may take emergency action with respect to oak trees without giving advance notice when immediate action is required in order to protect the public or the utility's employees, prevent damage or destruction of facilities and property, or to effect expeditious reinstatement of service following an interruption. The utility shall notify the city of such action taken as soon as reasonably possible.

D.

Permit Processing. The applicant shall furnish all necessary information required by the guidelines and pay the appropriate filing fee to the city.

1.

An application shall be completed and submitted to city staff for review and approval.

2.

The comments from the city staff shall be forwarded to the community development director for review and approval. The director may approve permits for the following types of activity:

a.

Removal of up to three living oak trees, less than six inches in diameter each, and not greater than twelve (12) inches in diameter aggregate. This limit shall be on a cumulative basis for the parcel. Following such removals, a notice shall be recorded regarding the subject property, requiring that any subsequent removal of oak trees from the subject site be approved by the planning commission, as appropriate;

b.

Removal of any number of dead and/or hazardous oak trees or portions of oak trees or scrub oak habitat of any size, which is required due to health and safety concerns, or a public emergency, as determined by the director and the city arborist;

c.

Pruning for clearance from existing structures or above roadways, sidewalks, trails or other transportation corridors, comprising not more than twenty-five (25) percent of the live foliage for each oak tree;

d.

Minor encroachments into a protected zone of an oak tree including, but not limited to, fence installations or minor improvements that may impact up to ten (10) percent of the total area included within the protected zone;

e.

Replacement or repair of existing improvements located within the protected zone of an oak tree, as long as the impacts to the tree do not increase.

3.

The recommendation of the director shall be forwarded to the planning commission for consideration and disposition for the following types of activity:

a.

Removal of any number of oak trees (beyond that allowed by subsection (D)(2)(a) or (D)(2)(b) of this section) or any amount of scrub oak habitat, excluding any living heritage oak;

b.

Pruning comprising more than twenty-five (25) percent of the live foliage for an individual oak tree;

c.

Encroachments impacting more than ten (10) percent of the total area included within the protected zone of an oak tree;

d.

Impacts to any oak tree of special or significant community interest or exceptional, aesthetic, environmental or historical value. Such tree shall have been previously designated as having special or significant value by a specific action of the planning commission or council.

4.

The recommendation of the planning commission shall be forwarded to the council for consideration and disposition for the following levels of activity:

a.

Any oak tree permit for a project that involves the removal of any living heritage oak;

b.

Any oak tree permit for a project that requires a separate development project approval from the council.

E.

Permit Findings. An oak tree permit may be approved by the city based upon at least one of the following findings:

1.

The request to remove an oak tree or scrub oak habitat is warranted to enable reasonable and conforming use of the subject property, which would otherwise be prevented by the presence of the oak tree or scrub oak habitat. Reasonable use of the property shall be determined in accordance with the guidelines.

2.

The request to alter or encroach within the protected zone of an oak tree or scrub oak habitat is warranted to enable reasonable and conforming use of the property, which would otherwise be prevented by the presence of the oak tree or scrub oak habitat. In addition, such alterations and encroachments can be performed without significant long-term adverse impacts to the oak tree or scrub oak habitat. Reasonable use of the property shall be determined in accordance with the guidelines.

The condition or location of the oak tree or scrub oak habitat requires altering to maintain or aid its health, balance or structure.

4.

The condition of the oak tree or scrub oak habitat warrants its removal due to disease, dangerous condition, proximity to existing structures, high pedestrian traffic areas, such as parking lots and pedestrian walkways when such conditions may be unsafe or cannot be controlled or remedied through reasonable preservation and/or prevention procedures and practices.

5.

Removal or altering of the oak tree(s) will have minimal impact on the total hardwood canopy with special emphasis on associated tree growth and their natural regeneration, wildlife habitat and heritage oak trees.

F.

Required Oak Tree Report. The applicant shall submit an oak tree report, prepared by a city-qualified arborist. The exact information and format of the information required is described in the guidelines.

1.

An inventory of the individual oak trees and scrub oak habitat areas associated with the project;

2.

An oak tree location map indicating the current topography and proposed grading plan, the tag number, exact trunk location, dripline, and protected zone of each oak tree within the project area, as well as the outline of proximate scrub oak habitat areas;

3.

All proposed site development activities including, but not limited to, excavation for foundations, utility corridors and construction access routes;

4.

Analysis of the potential impacts of the proposed development activities upon the oak trees and scrub oak habitat;

5.

A mitigation program for the proposed impacts.

G.

Permit Conditions. A gain or loss in oak tree inventory on the site shall be described in terms of species, total inches of diameter aggregate gain or loss, and the magnitude of the impacts. A gain or loss of scrub oak habitat shall be described in terms of acres of habitat coverage and the magnitude of the impacts. Conditions may be imposed on an oak tree permit by the city, including but not limited to any combination of the following:

1.

A cash fee paid to the oak tree mitigation fund, which shall include maintenance and monitoring costs. The determination of the dollar value, cost or loss shall be calculated in accordance with the most current mitigation schedule established by the council. The council shall review and approve such fees at least once every three years. The city may accept appropriate dedication of land in lieu of cash;

One inch of oak tree diameter shall be planted for each inch of tree removed. Scrub oak habitat shall be replaced on a land area basis. Locations appropriate for new replacement plantings may be proposed by the applicant and approved by the city arborist prior to the granting of a permit based upon the potential for long-term viability;

3.

Replacement or placement of additional oak trees, scrub oak habitat, associated hardwood canopy, land or wildlife habitat to proportionally offset the impacts associated with the loss of oak trees, scrub oak habitat, limbs, roots or potential long-term adverse impacts due to alterations or encroachment within the protected zone. Locations appropriate to such new plantings may be proposed by the applicant and must be approved by city staff prior to the granting of a permit based upon the potential for long-term viability;

4.

Relocation of oak trees over ten (10) inches in diameter shall not be considered as mitigation.

5.

Restrictions on construction activities within the protected zone of oak trees or within scrub oak habitat areas;

6.

Remedial maintenance programs to improve the health of existing oak trees and scrub oak habitat areas;

7.

Monitoring. Monitoring shall be conducted during all grading and construction activities at intervals warranted by the site conditions and level of activity. The monitoring program shall consist of quantitative and qualitative observations useful in identifying stress-related responses of oak trees and scrub oak habitat. Monitoring activities shall be performed in accordance with the procedures adopted in the guidelines.

a.

Duration of and Responsibility for Monitoring. As noted above, monitoring shall be maintained during grading and construction activities; furthermore, following construction, annual monitoring shall be performed for a minimum of five years as warranted by site conditions, to ensure continued health of the trees and habitat areas. A city-qualified arborist shall conduct all monitoring. Costs shall be borne by the applicant. Restitution or remediation shall be required, should a project fail to comply with the desired establishment goals.

b.

Use of Monitoring Information. Information provided by monitoring shall be used in establishing realistic mitigation measures and to ensure the future of oak resources throughout the city.

c.

Establishment Goals. Criteria for evaluating the success of oak tree and scrub oak habitat preservation and establishing associated vegetation shall be specified in the permit conditions. Remediation shall be required as necessary to enable a site to meet the establishment criteria;

8.

Registration. All replacement oak trees and scrub oak habitat areas shall be registered with the city in accordance with the guidelines;

9.

Maintenance. All oak trees and scrub oak habitat areas shall be maintained in accordance with the guidelines;

Bond. The city may require adequate security to ensure performance, correct construction procedures, reforestation, monitoring and maintenance, in an amount to be determined by the city;

11.

Recordation. As deemed necessary by the city or as set forth in this section, conditions of approval for an oak tree permit shall be recorded. The specific wording of the recorded permit shall be subject to the approval of the director.

H.

Non-liability of City. Nothing in this section or within the guidelines shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city or upon any of its officers or employees.

I.

Other Laws and Authorities. The granting of an oak tree permit by the city shall not be construed as a permit to ignore any other law or authority. Among the laws that should be considered are the following at the California state level:

1.

California Department of Fish and Game Code laws prohibit the destruction of a tree that contains a nest of certain birds.

2.

State law includes the California Environmental Quality Act, which addresses tree removals.

3.

The California Department of Forestry published the Integrated Hardwood Range Management Program, which has specific guidelines for oak rangeland.

J.

Violation—Penalty.

1.

Any person or entity that violates this section is guilty of a misdemeanor and upon conviction, may be punished as set forth in this Code.

2.

Any person or entity that violates this section shall be required to obtain a retroactive oak tree permit and to comply with any mitigation measures specified therein.

3.

Violation of this section and the guidelines during any construction shall result in an immediate stop-work order issued by the city, and work may not continue until permits are obtained and proper mitigation is completed.

4.

Removal of an oak tree or scrub oak habitat may also result in a building or improvement moratorium being placed on the property for a period not to exceed ten (10) years and will apply to any subsequent owner of the property until the term is completed. A notice of noncompliance may also be recorded on the property.

(Ord. 2006-222 § 2, 2006; Ord. 2005-210 § 1, 2005; Ord. 2001-166 § 3, 2001)

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

Chapter 17.36 - HISTORIC PRESERVATION ORDINANCE

This chapter shall be known as the historic preservation ordinance of the City of Calabasas.

(Ord. No. 2010-265, § 3, 1-27-2010)

The council declares that the recognition, preservation, protection and reuse of historic resources are required in the interests of the health, prosperity, safety, social and cultural enrichment, general welfare and economic well-being of the people of Calabasas. The designation and preservation of historic resources and districts, and the regulation of signs, alterations, additions, repairs, removal, demolition or new construction to perpetuate the historic character of historic resources and districts, is declared to be a public purpose of the city.

Therefore, the purposes of this chapter include the following:

A.

Safeguarding Calabasas' heritage by protecting resources that reflect elements of the city's cultural, social, economic, architectural and archaeological history;

B.

Promoting public understanding, appreciation and involvement in the city's unique heritage;

C.

Fostering civic pride in notable accomplishments of the past;

D.

Deterring demolition, misuse or neglect of historic resources, landmarks, districts, contributing resources, and potential historic resources, landmarks or districts, which represent important links to Calabasas' or California's past;

E.

Promoting conservation, preservation, protection and enhancement of historic resources and potential historic resources;

F.

Protecting and enhancing the city's attractiveness to residents and visitors, and supporting economic development;

G.

Restoring and improving the city's visual and aesthetic character;

H.

Promoting the use of historic resources, especially for the education, appreciation and general welfare of the people of Calabasas.

(Ord. No. 2010-265, § 3, 1-27-2010)

The provisions of this chapter shall apply to all historical resources within the City of Calabasas.

(Ord. No. 2010-265, § 3, 1-27-2010)

The city shall develop, from time to time, historic contexts and historic resource surveys. Historic contexts and historic resource surveys can serve many purposes, including providing the basis to identify and evaluate properties that have the potential to be considered eligible historical resources, as identified in Section 17.36.050. For the purposes of this chapter, historic contexts and historical resource surveys are explained below to provide greater knowledge of the role they serve in an historic preservation program.

A.

Historical Context. An historic context provides the background and the basis for evaluating properties to determine their historical significance. An historic context is an organizational framework for historic preservation. The historic context organizes information based on a cultural theme and its geographical and chronological limits. Contexts describe the significant broad patterns of development in an area that may be represented by historic properties. The development of historic contexts is the foundation for decisions about identification, evaluation, registration and treatment of historic properties. An historic context provides an understanding of the relationship of individual properties to other similar properties, which in turn allows decisions about the identification, evaluation, registration and treatment of historic properties to be made reliably. Information about historic properties representing aspects of history, architecture, archeology, engineering and culture must be collected and organized to define these relationships.

B.

Historical Resource Surveys. Surveys are performed to identify properties that have the potential to become eligible historical resources as well as areas and neighborhoods that, due to the concentration of potential historical resources, have the potential to be historic districts. Surveys are conducted at two different levels: reconnaissance and intensive. Properties surveyed at the reconnaissance level in accordance with the standards set forth by the California Office of Historic Preservation are identified but not evaluated for historic significance. Intensive-level surveys identify and evaluate properties for historic significance.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.36.050 - Eligibility and designation criteria.

A.

Eligibility.

1.

Any property surveyed at the intensive level in accordance with the standards set forth by the California Office of Historic Preservation, and determined by the historic preservation commission to meet the designation criteria for historic landmarks set forth in this section, is considered an eligible historical resource.

2.

Any cultural landscape surveyed at the intensive level in accordance with the standards set forth by the California Office of Historic Preservation, and determined by the commission to meet the designation criteria for historic landscapes set forth in this section, is considered an eligible historical landscape.

3.

Any area or neighborhood surveyed at the intensive level in accordance with the standards set forth by the California Office of Historic Preservation, and determined by the commission to meet the designation criteria for historic districts set forth in this section, is considered an eligible historic district.

B.

Historic Landmarks. Any eligible historical resource may be designated an historic landmark by the council pursuant to Section 17.36.080, if it meets the criteria for listing in the National Register of Historic Places or the California Register of Historical Resources, or it meets one of the following criteria:

1.

Is associated with events that have made a significant contribution to the broad patterns of Calabasas' history;

2.

Is associated with the lives of persons important to Calabasas' history;

3.

Embodies the distinctive characteristics of a type, period, region or method of construction; represents the work of a master; or possesses high artistic values;

4.

Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation.

C.

Historic Districts. Any eligible historic district may be designated as an historic district by the council pursuant to Section 17.36.080, if the neighborhood meets the criteria for listing in the National Register of Historic Places or the California Register of Historical Resources, or the neighborhood meets one of the following criteria:

1.

Is a contiguous area possessing a concentration of eligible historic resources or thematically related grouping of structures which contribute to each other and are unified by plan, style, or physical development; and (b) embodies the distinctive characteristics of a type, period, region, or method of construction, represents the work of a master, or possesses high artistic values.

2.

Reflects significant geographical patterns, including those associated with different areas of settlement and growth; particular transportation modes; or distinctive examples of a park landscape, site design, or community planning.

3.

Is associated with, or the contributing resources are unified by, events that have made a significant contribution to the broad patterns of Calabasas' history.

4.

Its contributing resources are associated with the lives of persons important to Calabasas' history.

D.

Historic Landscapes. Any eligible historical landscape may be designated as an historic landscape pursuant to Section 17.36.080, if the landscape meets the criteria for listing in the National Register of Historic Places or the California Register of Historical Resources, or the neighborhood meets one of the following criteria:

1.

Is associated with events that have made a significant contribution to the broad patterns of Calabasas' history;

2.

Is associated with the lives of persons important to Calabasas' history;

3.

Embodies the distinctive characteristics of a type, period, region or method of construction; represents the work of a master; or possesses high artistic values;

4.

Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation.

E.

Automatic Designation. Any property listed in the National Register of Historic Places or the California Register of Historical Resources is a local historic landmark. Any cultural landscape listed in the National Register of Historic Places or the California Register of Historical Resources is a local historic landscape. Any neighborhood or area listed in the National Register of Historic Places or the California Register of Historical Resources is a local historic district. Any property identified as a contributing structure to a district listed on the National Register of Historic Places or the California Register of Historical Resources is a contributing structure in the local historic district.

F.

Considerations in Evaluating Properties—Integrity. In addition to having significance, a resource must have integrity for the time period in which it is significant. The period of significance is the date or span of time within which significant events transpired, or significant individuals made their important contributions. Integrity is the authenticity of a historical resource's physical identity as evidenced by the survival of characteristics or historic fabric that existed during the resource's period of significance. Only after significance has been established should the issue of integrity be addressed. The following factors should be considered when evaluating properties for integrity.

1.

Design. Any alterations to the property should not have adversely affected the character-defining features of the property. Alterations to a resource or changes in its use over time may have historical, cultural, or architectural significance.

2.

Setting. Changes in the immediate surroundings of the property (buildings, land use, topography, etc.) should not have adversely affected the character of the property.

3.

Materials and Workmanship. Any original materials should be retained or, if they have been removed or altered, replacements have been made, that are compatible with the original materials.

4.

Location. The relationship between the property and its location is an important part of integrity. The place where the property was built and where historic events occurred is often important to understanding why the property was created or why something happened. The location of an historic property, complemented by its setting, is particularly important in recapturing the sense of historic events and persons. Except in a few cases, the relationship between a structure and its historic associations is destroyed if the structure is moved.

Feeling. Feeling is a property's expression of the aesthetic or historic sense of a particular period of time. It results from the presence of physical features that, taken together, convey the property's historic character.

6.

Association. Association is the direct link between an important historic event or person and a historic property. A property retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. For example, a Revolutionary War battlefield the natural and manmade elements of which have remained intact since the 18 th century retains its quality of association with the battle.

Because feeling and association are subjective criteria, their retention alone is never sufficient to support eligibility. Historical resources must retain enough of their historic character or appearance to be recognizable as historical resources and to convey the reasons for their significance.

(Ord. No. 2010-265, § 3, 1-27-2010)

City of Calabasas resolutions designating historic landmarks, landscapes, and districts shall comprise the Calabasas Local Register of Historical Resources. The Calabasas historical preservation officer shall maintain the local register and ensure it lists the resources automatically designated pursuant to Section 17.36.050(E) of this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

The following studies are required for any project that has the potential to affect archaeological resources. All reports will be prepared in accordance with federal and state guidelines, and by persons who meet the Secretary of the Interior's professional qualification standards.

A.

Phase I Archaeological Assessment. A phase I archaeological assessment is required for any property listed or located within a historical resources sensitivity area as identified in the City of Calabasas General Plan.

B.

Exceptions to a Phase I Study. Exceptions to the phase I study requirement can be made by the city's historic preservation officer in any of the following situations:

1.

Prior archaeological or historic studies have been performed and no significant deposits have been found;

2.

Building additions and modifications will not exceed five percent of the existing building footprint square footage;

3.

Interior remodeling or exterior facade renovation is proposed;

4.

In other circumstances that, in the city historic preservation officer's judgment, warrant an exemption from the phase I study requirement. Exemption decisions should be coordinated as part of planning staff review of a project. Exemptions shall not

be permitted for phase I, II, or III studies on any parcel where archaeological deposits or historic structures meeting CEQA definitions of significance are met.

C.

Phase II Study—Archaeological Significance Evaluations. A phase II study is required if archival or physical evidence on the surface of a location proposed for development indicates that historic or prehistoric archaeological resources or important historical resources may be present. Any phase II (subsurface) archaeological test excavations shall be designed and implemented by trained historic and/or prehistoric archaeologists. The phase II requirements are mandatory where any significant cultural resource is identified as a result of phase I evaluation.

A phase II study shall also determine the probable area and vertical extent of archaeological remains and determine whether the deposits are intact and meet CEQA eligibility requirements pursuant to CEQA guidelines. In the cases of historic structures, the phase II study shall identify the significance of the structure and any potential mitigation plan which may reduce impacts to the structure. The phase II report shall include a plan for mitigation complying with Appendix K of the CEQA guidelines if significant deposits or historic buildings or sites are encountered.

D.

Phase III Data Recovery and Mitigation Program. A phase III data recovery and mitigation program shall be required when any archaeological resources are determined to be eligible historical resources under this chapter or CEQA guidelines. Any impacts to a significant historic or prehistoric archaeological site or standing structure shall be mitigated through a phase III (subsurface testing or architectural documentation) data recovery program. Financial limitations on phase III programs shall conform with Appendix K of the CEQA guidelines unless construction is undertaken with federal funds, in which case mitigation funding shall comply with and be limited by federal standards and guidelines. If feasible, construction impacts to significant archaeological deposits shall be minimized through the use of less destructive footing construction technology (post-tensioned slabs, pier footings, etc.). All studies must include mitigation measures to reduce the impact of the proposed project on the archaeological resources. These studies must be completed as part of a certificate of appropriateness application.

E.

Public Records Act. The City of Calabasas will treat all archeological site information, including reports with specific site locations, as confidential information. However, since many nonsensitive properties (such as rock walls, ditches, Victorian buildings, etc.) have been recorded in archeological site records, a review of the individual site record should be accomplished to determine whether a specific property's location and information should be withheld under any given circumstance. This information will be kept on file with the City of Calabasas' community development department. The city historic preservation officer, in consultation with the historic preservation commission, will develop a policy regarding access to such records. Any policy should be consistent with state or federal regulations.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.36.080 - Designation procedures.

A.

Applications for Nomination.

1.

Any person or group, including the city, may request the designation of an historical resource as an historic landmark, landscape or district by submitting an application to the city historic preservation officer.

2.

All applications shall include the following:

a.

Documentation indicating how the nominated resource satisfies the designation criteria;

b.

Any other information determined to be necessary for review of the proposed work;

c.

Required fees.

B.

Initial Application Review. All applications filed with the CHPO as required by this title shall be initially processed as follows:

1.

Completeness Review. Within thirty (30) days of filing, the CPHO shall review all applications for completeness and accuracy before they are accepted as complete.

2.

Notification of Applicant and Property Owner. The applicant shall be informed by letter that the application is either complete and has been accepted for processing; or, that the application is incomplete and that additional information, specified in the letter, must be provided. When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness must occur. The time available to an applicant for submittal of additional information is limited by subsection (B)(3) of this section.

3.

Appeal of Determination. Where the CPHO has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the CPHO is not required, the applicant may appeal the determination in compliance with Chapter 17.74.

4.

Expiration of Application. If a pending application is not completed by the applicant (i.e., not accepted as complete by the CPHO) within six months after its first filing, the application shall expire and be deemed withdrawn. A new application may then be filed in compliance with this chapter.

C.

Historic Preservation Commission. The historic preservation commission shall evaluate each application for landmark, landscape or district nomination, in accordance with the criteria established in Section 17.36.050, at a public hearing, and shall decide by majority vote whether to approve any nomination and forward it to the council with a recommendation for historic designation.

1.

The secretary of the commission shall set the time and place for such hearings, which may be continued from time to time.

2.

The secretary shall give the applicant(s) and property owner(s) notice of the time, place and purpose of such hearings in writing. The secretary shall also publish a notice of commission hearings according to the noticing requirements in Chapter 17.78. Notwithstanding the requirements of Chapter 17.78, notice shall not be required for all owners of real property within

five hundred (500) feet of the subject site. The secretary may also give such additional notice as deemed desirable and practicable.

3.

Following the hearing, the historic preservation commission shall recommend by resolution that the council approve or reject the nomination. If the commission votes to nominate the historic resource for landmark, landscape or district designation, the secretary shall forward the nomination to the council with a written recommendation for designation.

4.

Within ten (10) days of the commission's decision, the secretary shall mail notice thereof to the applicant(s) and owner(s) of record of the property proposed for nomination.

D.

Council. The council has sole authority to designate an historic resource as an historic landmark, landscape or historic district.

1.

Within ten (10) days of the historic preservation commission's nomination, the secretary shall send a copy of the historic landmark or district nomination to the city clerk. The city clerk or his/her designee shall set a public hearing at which the council shall consider the commission's recommendation.

2.

The secretary shall give the applicant(s) and property owner(s) notice of the council hearing time and place at least ten (10) days prior to the hearing date, together with a copy of the commission's written recommendation to the council, according to the noticing procedures contained in Chapter 17.78. Notwithstanding the requirements of Chapter 17.78, notice shall not be required for all owners of real property within five hundred (500) feet of the subject site.

3.

Following the hearing, the council shall adopt or reject the historic designation or, at its discretion, continue consideration of the matter, or refer the proposed designation to the commission for further review within a period of time the council sets.

4.

Designation of an historic resource as an historic landmark, landscape or district shall be by resolution and shall reference the specific criteria and/or findings on which the historic designation is based.

5.

Within ten (10) days of the council's decision, the city clerk shall mail notice thereof to the applicant(s) and owner(s) of record of the nominated property.

6.

All buildings or structures designated as historic landmarks or as part of an historic district pursuant to this chapter shall be so recorded by the city in the office of the Los Angeles County recorder. The recorded document shall contain the name of the owner or owners; a legal description of the property; the date and substance of the designation; a statement explaining that alteration; relocation or demolition are restricted; and a reference to this section authorizing the recordation.

E.

Permits. No building, alteration, demolition, or removal permits for any historical resource shall be issued while a nomination of that resource for designation as an historic landmark or for designation of an historic district to which the resource

contributes is pending.

F.

Removal. The historic preservation commission shall not recommend that a resource be removed from the local register unless it is discovered that the information relied on by the commission and the council in making the original designation was erroneous or false; or that circumstances wholly beyond the owner's control have rendered the resources ineligible for designation based on the criteria listed in Section 17.36.050, and it would be infeasible to restore the resource. A resource cannot be removed from the local register merely because the value of the resource has been degraded by neglect.

G.

Owner Objection to Designation. No property shall be designated an historic landmark if the owner objects to the designation, unless the council makes the findings listed in subsection (H) below. No area will be designated an historic district if a majority of the property owners of the contributing properties to the proposed district object, unless the council makes the findings listed in subsection (H) below. For historic landscapes, if the landscape is located on a single property, the property shall not be designated as an historic landscape if the property owner objects, unless the council makes the findings listed in subsection (H) below. If the landscape is contained on multiple properties, the properties shall not be designated as an historic landscape if a majority of the property owners object, unless the council makes the findings listed in subsection (H) below.

H.

Council Override of Owner's Objection to Designation. The council may, by a four-fifths vote, designate an historic landmark, historic district, or historic landscape over the objection of the owner(s) as described above in subsection (G) of this section, if all of the following findings are made:

1.

The landmark, district, or landscape meets the criteria for designation under Section 17.36.050 of this Code;

2.

The landmark, district, or landscape is an especially valuable historic resource as compared to other designated resources in and near the city;

3.

The social benefit of designating the landmark, district or landscape can be shown by clear and convincing evidence to outweigh the private burden of designation, and designation would not damage the owner of the property unreasonably in comparison to the benefits conferred on the community.

(Ord. No. 2010-265, § 3, 1-27-2010)

A certificate of appropriateness process is established to ensure that any alteration to an historical resource is in keeping with the historic character of the resource.

A.

General Requirements.

1.

A certificate of appropriateness is required for any of the following:

a.

Alteration, addition, restoration, rehabilitation, remodeling, demolition or relocation of an historical resource, including interior improvements, when the historic preservation commission has determined that interior features of the historic resource are significant features. Approval of such work shall be required even if no other permits are required by this Code or other law.

b.

Any work, including alterations, additions, restorations, rehabilitations, remodeling, or demolition to the exterior of any noncontributing structure in an historic district. Reasonable efforts shall be made to make such exterior alternations compatible with the historic district, and in no event shall alteration of the exterior of a noncontributing structure increase the dissimilarity of the structure and its historic context.

c.

Infill development within an historic district.

d.

Any work, including alterations, additions, restorations, rehabilitations, remodeling, or demolition to any historic landscape.

e.

Development projects that may impact archaeological resources.

2.

No permit shall be issued for work on an historical resource until a certificate of appropriateness or waiver has been issued in accordance with this section.

3.

Once a certificate of appropriateness has been issued, the city historic preservation officer may inspect the work to ensure that it complies with the approved certificate of appropriateness.

B.

Initial Staff Review.

1.

The city historic preservation officer shall review all proposed work on any historical resource to determine if a certificate of appropriateness is required.

2.

If the CPHO determines the proposed work is consistent with the guidelines set forth in Section 17.36.120(H), a waiver shall be issued.

3.

If the CPHO determines the proposed work is not consistent with the guidelines set forth in Section 17.36.120(H), a certificate of appropriateness shall be required.

4.

Determinations by the CPHO pursuant to this subsection shall be made within thirty (30) days of the date an application is deemed complete.

C.

Applications.

1.

All applications shall be filed with the city historic preservation officer. The applicant is encouraged to confer with the CPHO before submittal of the application.

2.

All applications shall include the following:

a.

Plans and specifications showing the existing and proposed exterior appearances;

b.

Materials and colors to be used on the exterior of the resource;

c.

Relationship of the proposed work to the surrounding environment, if necessary;

d.

For new construction in historic districts, relationship to the existing scale, massing, architectural style, site and streetscape, landscaping and signage;

e.

Any other information the CHPO reasonably determines to be necessary for review of the proposed work;

f.

Required fees.

D.

Procedures. Applications for certificates of appropriateness shall be processed in accordance with the procedures listed in Chapter 17.60.

E.

Findings of Fact. One of the following findings shall be required for the approval of a certificate of appropriateness:

1.

The proposed alteration, restoration, relocation or construction, in whole or in part, will not do any of the following:

a.

Detrimentally change, destroy, or adversely affect any significant architectural feature of the resource;

b.

Detrimentally change, destroy, or adversely affect the historic character or value of the resource;

c.

Be incompatible with the exterior features of other improvements within the district;

d.

Adversely affect or detract from the character of the district.

2.

The applicant has obtained a certificate of economic hardship, in accordance with Section 17.36.100.

F.

Infill Development.

1.

New structures constructed within an historic district shall be designed to be compatible with the architectural style, features and historic character of the district.

2.

New buildings shall be compatible with the original style of the contributing resources within an historic district. The design of the new building shall incorporate the following considerations:

a.

The design shall incorporate the design features and details of contributing buildings/structures;

b.

The height, width, and length of the new building/structure shall be consistent with the original characteristics of the contributing structures;

c.

The exterior materials and treatment shall be similar to the contributing structures.

G.

Waivers. When alterations, restorations, rehabilitations, remodeling and additions to historical resources are accomplished in substantial accord with the guidelines set forth in this section, as determined by the city historic preservation officer, a certificate of appropriateness from the historic preservation commission is not required prior to issuance of a building permit in the following cases:

1.

Minor Alterations. The CHPO may deem that certain alterations to historical resources are "minor." Those alterations may include but are not limited to the following, if no change in appearance occurs or the proposed change restores period features:

a.

Roofing;

b.

Foundation;

c.

Chimney;

d.

Construction, demolition or alteration of side, rear and front yard fences;

e.

Landscaping, unless the property is designated as an historic landscape or the historic landmark or district designation specifically identifies the landscape, layout, features, or elements as having particular historical, architectural, or cultural merit;

f.

Wall or monument signs.

2.

Additions and Accessory Structures. A waiver may be issued for the construction of accessory structures or small additions to historical resources not visible from a public right-of-way, if the new construction is accomplished in substantial accord with the design guidelines set forth in this section. New construction where a waiver can be issued may include, but is not limited to, the following, if the construction is consistent with the design guidelines:

a.

Additions under five hundred (500) square feet;

b.

Accessory structures.

(Ord. No. 2010-265, § 3, 1-27-2010)

A certificate of economic hardship process is established to ensure that denial of a certificate of appropriateness does not impose undue hardship on the owner of a historical resource.

A.

General Requirements. No action shall be taken to demolish or otherwise alter an historical resource for a period of fourteen (14) days following the issuance of a certificate of economic hardship.

B.

Applications.

1.

All applications shall be filed with the city historic preservation officer. The applicant is encouraged to confer with the CPHO before submittal of the application.

2.

An application for a certificate of economic hardship shall include the following information. Private financial information shall be maintained in confidence by the city.

a.

Cost estimates for the proposed construction, addition, alteration, demolition or relocation, and an estimate of additional costs that would be incurred to comply with the recommendations of the historic preservation commission for issuance of a

certificate of appropriateness.

b.

A rehabilitation report from a licensed engineer or architect with expertise in rehabilitation, as to the structural soundness of any structures on the property and their suitability for rehabilitation.

c.

The estimated market value of the property in its current condition.

d.

The estimated market value of the property after completion of the proposed construction, alteration, demolition, or relocation.

e.

The estimated market value of the property after any condition recommended by the commission.

f.

In the case of demolition; the estimated market value of the property after renovation of the existing property for continued use.

g.

In the case of demolition; an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional with experience in rehabilitation, as to the economic feasibility of rehabilitation or reuse of the existing structure on the property.

h.

For income-producing properties, information on annual gross income, operating and maintenance expenses, tax deductions for depreciation and annual cash flow after debt service, current property value appraisals, assessed property valuations, and real estate taxes.

i.

The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.

j.

All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing, or ownership of the property.

k.

The amount paid for the property if purchased within the previous thirty-six (36) months; the date of purchase; and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.

l.

Any listing of the property for sale or rent, including the prices asked and offers received, if any occurred within the previous two years.

m.

Any other information considered necessary by the commission to determine whether or not the property does or may yield a reasonable return to the owners.

n.

Required fees.

C.

Procedures. Applications for a certificate of economic hardship shall be processed in accordance with the procedures listed in Chapter 17.60.

D.

Findings of Fact. One or more of the following findings are required for the approval of a certificate of economic hardship.

1.

Denial of the application will diminish the value of the subject property, so as to leave substantially no value or otherwise work a taking of the property under the U.S. or State Constitution.

2.

Sale or rental of the property is impractical, when compared to the cost of holding such property for uses permitted in the zone.

3.

An adaptive reuse study has been conducted and found that lawful use of the property is impractical.

4.

Rental at a reasonable rate of return is not feasible.

5.

Denial of the certificate of appropriateness would damage the owner of the property unreasonably, in comparison to the benefits conferred on the community.

6.

All other means involving city-sponsored incentives, such as transfer of development rights, tax abatements, financial assistance, building code modifications, changes in the zoning ordinance, loans, grants and reimbursements, have been explored to relieve the asserted economic hardship.

(Ord. No. 2010-265, § 3, 1-27-2010)

A conservation plan process is established to expedite review of certificates of appropriateness for proposed work on multiple historical resources in a project area.

A.

Contents. A conservation plan should identify the proposed work to be completed within the plan area, any work requiring further review, the structures covered by the plan, and other information reasonably required by the city historic preservation officer to facilitate review of the proposed plan.

B.

Procedures. A conservation plan shall be evaluated under the procedures and standards established by this chapter for a certificate of appropriateness.

C.

Amendments. Conservation plans may be amended with the approval of the council, upon a recommendation by the historic preservation commission.

D.

Findings of Fact. Approval of a conservation plan shall require findings that the proposed alterations, restorations, relocations or construction within the plan area will not, in whole or in part, do any of the following:

1.

Detrimentally change, destroy, or adversely affect any significant architectural feature of historical resources;

2.

Detrimentally change, destroy, or adversely affect the historic character or value of historical resources;

3.

Be incompatible with the exterior features of other improvements within the plan area;

4.

Adversely affect or detract from the character of the plan area.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.36.120 - Demolition of historic structures (certificates of appropriateness).

A certificate of appropriateness process is established for demolitions to ensure that any demolition of an historic resource complies with the requirements of this chapter and CEQA guidelines to mitigate the impacts of demolition.

A.

General Requirements.

1.

A certificate of appropriateness is required for any demolition, in whole or in part, of an historical resource.

2.

No permit shall be issued for demolition of an historic resource until a certificate of appropriateness has been issued in accordance with the provisions of this section.

3.

Once a certificate of appropriateness has been issued the city historic preservation officer shall, from time to time, inspect the work to ensure compliance with the approved certificate.

B.

Applications.

All applications shall be filed with the CHPO. The applicant is encouraged to confer with the CHPO before submitting the application.

2.

All applications shall include the following information:

a.

Plans and specifications showing the proposed exterior appearance of the project site following demolition, and any proposed new construction;

b.

Materials and colors to be used on the exterior of structures on the site following the proposed demolition;

c.

Relationship of the proposed work to the surrounding environment, if necessary;

d.

Relationship of proposed new construction to the existing scale, massing, architectural style, site and streetscape, landscaping and signage in an historic district;

e.

Any other information the CHPO reasonably determines to be necessary for review of the proposed work;

f.

Required fees.

C.

Procedures. Applications for certificates of appropriateness shall be processed in accordance with Chapter 17.60.

D.

Review for Significance. Properties determined to be potential historical resources, but not yet designated as landmarks or contributing resources to an historic district, shall be evaluated for significance in conjunction with any application for demolition. The city historic preservation officer shall review the property for significance and determine its eligibility for listing on the National Register of Historic Places, the California Register of Historical Resources, or local designation in conjunction with the certificate of appropriateness. The review may include, but is not limited to, a historical resources survey at the intensive level in accordance with standards set forth by the office of historic preservation. The historic preservation commission shall make any determination of significance, subject to appeal to the council pursuant to Chapter 17.74.

E.

Findings of Fact. One of the following findings shall be made prior to approval of a demolition application.

1.

The proposed demolition, in whole or in part, is necessary because of both of the following:

a.

All efforts to restore, rehabilitate, and/or relocate the resource have been exhausted;

b.

Restoration or rehabilitation is not practical because the extensive alterations required would render the resource not worthy of preservation.

2.

The applicant has obtained a certificate of economic hardship in accordance with Section 17.36.100.

F.

Mitigation Measures. Prior to the issuance of a permit to demolish an historic resource in accordance with this section, the following mitigation measures must be completed.

1.

Documentation. Each historic structure shall be documented to provide a record of the buildings. Plans shall include, but are not limited to, a site plan; floor plans; elevations; and detailed drawings of character-defining features such as moldings, stairs, etc. Photographs shall include the structure's exterior and interior, and include relevant character-defining features such as moldings, light fixtures, trim patterns, etc.

2.

Replacement Structures.

a.

A certificate of appropriateness shall not be issued for the demolition, in whole or in part, of an historical resource, until the city historic preservation officer or the commission has approved a site plan for (a) replacement structure(s).

b.

No permit shall be issued for the demolition, in whole or in part, of an historical resource, until a permit has been issued for (a) replacement structure(s), unless demolition is required in conformance with Section 17.36.230.

3.

Salvaged Features and Artifacts. In an effort to preserve features and artifacts from historic structures, a determination whether items within or appurtenant to the building should be salvaged shall be made by the city historic preservation officer, who may consult the Calabasas Historical Society prior to the issuance of the demolition permit.

G.

Waiver of Replacement Structure Requirement. The historic preservation commission, upon the recommendation of the city historic preservation officer, may waive the requirement for replacement structures if the ultimate project proposed for the site of the demolition provides an exceptional benefit to the community.

1.

Findings. The following findings must be made to waive the replacement structure requirement.

a.

The demolition is necessary to allow for the acquisition and assembly of land for a future housing project.

b.

The future project will provide exceptional benefits to the city with respect to employment, fiscal, social, housing and economic needs of the community; or will provide new public facilities which are needed by the city (i.e., off-site improvements, parks, open space, recreation, or other community facilities, not including parking lots).

2.

Conditions of Approval. When the historic preservation commission approves a waiver of the replacement structure requirement, the following conditions shall be applied to the approval.

a.

Any new project on the site shall follow the process for a certificate of appropriateness for a historic landmark or district.

b.

Any new project on the site shall follow the infill guidelines listed in Section 17.36.090(F), to ensure compatibility with the surrounding area or neighborhood.

(Ord. No. 2010-265, § 3, 1-27-2010)

A certificate of appropriateness shall lapse and become void twelve (12) months after the date of approval, unless a building permit (if required) has been issued, work authorized by the certificate of appropriateness has commenced prior to such expiration date, and said work is diligently pursued to completion. Upon request of the property owner and a showing of delays due to no fault of the applicant, or a showing of reasonable diligence by the applicant, the city historic preservation officer director may extend a certificate of appropriateness for an additional period of twelve (12) months. The CHPO may approve, approve with conditions, or deny any request for extension.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.36.140 - Revocation of certificates of appropriateness and economic hardship.

A.

A certificate of appropriateness or a certificate of economic hardship may be revoked or modified following notice to the applicant and property owner and a hearing pursuant to Chapter 17.78, upon a finding by the historic preservation commission that the applicant or property owner is responsible for any of the following:

1.

Noncompliance with any terms or conditions of the certificate;

2.

Noncompliance with any provision in this chapter;

3.

Fraud or misrepresentation in the obtaining of the certificate.

B.

Procedures. Revocation proceedings pursuant to subsection A. of this section may be initiated by a dated writing signed by the secretary of the historic preservation commission, who shall give notice of the potential revocation to the applicant and the property owner by certified mail. Upon receipt of such notice, the applicant and property owner, and their agents and contractors, shall cease all work pursuant to the certificate until a final determination by the historic preservation commission can be made, unless the secretary provides written authorization for specified work to secure the project site and protect historic resources pending a historic preservation commission decision.

1.

A proposal to revoke a certificate shall be scheduled for the next historic preservation commission meeting, allowing for public noticing pursuant to Chapter 17.78.

2.

The historic preservation commission shall determine whether or not to revoke the certificate within sixty (60) days of initiation of the proceedings.

3.

The applicant shall be notified of the historic preservation commission's decision by mail within ten (10) days.

(Ord. No. 2010-265, § 3, 1-27-2010)

A Mills Act contract process is established to provide economic incentives for the preservation of a designated historic landmark or contributing structure within a designated historic district.

A.

General Requirements. All designated historic landmarks, contributing structures in designated historic districts, and properties listed on the National Register of Historic Places or the California Register of Historical Resources, are eligible for Mills Act contracts, pursuant to the provisions of Article 12, Sections 50280 through 50289, Chapter 1, Part 1, Title 5, of the California Government Code.

B.

Required Provisions of a Mills Act Contract. All Mills Act contracts shall comply with Section 50281 of the California Government Code, which include, but are not limited to, the following provisions:

1.

The term of the contract shall be for a minimum of ten (10) years.

2.

The applicant and property owner shall be required to comply during the term of the contract with the U.S. Secretary of the Interior's Standards for Treatment of Historic Properties with guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings, as well as the State Historic Building Code.

3.

The city shall be authorized to conduct periodic inspections to determine the applicant's and property owner's compliance with the contract.

4.

The contract shall be binding upon, and inure to the benefit of, all successors in interest to the owner and the applicant.

5.

The contract shall require written notice to the state office of historic preservation within six months of execution of the contract.

C.

Applications. All applications shall be filed with the community development department. The applicant is encouraged to confer with the department before submittal of the application. All applications shall include the following:

A copy of the latest grant deed for the property;

2.

A rehabilitation plan/maintenance list of the work to be completed within the ten-year contract period, including cost estimates and the year in which the work will be completed;

3.

A financial analysis form showing current property taxes and estimated taxes for the property under a Mills Act contract;

4.

Required fees.

D.

Procedures. Applications for certificates of appropriateness shall be processed in accordance with Chapter 17.60.

E.

Recordation. The approved contract shall be recorded with the county recorder within twenty (20) days of approval.

F.

Nonrenewal. A Mills Act contract shall be a perpetual, ten-year contract that automatically renews annually unless and until either party gives written notice to the other that the contract will not be renewed upon the expiration of its current term.

G.

Cancellation. A Mills Act contract may be cancelled or modified if the historic preservation commission finds, after written notice to the applicant and the property owner, and a hearing pursuant to Chapter 17.78, either of the following conditions.

1.

The owner or applicant is responsible for any of the following:

a.

Noncompliance with any terms or conditions of the contract;

b.

Noncompliance with any provision in this chapter;

c.

Misrepresentation or fraud used in the process of obtaining the contract.

2.

The historic resource has been subject to either of the following:

a.

Destroyed by fire, flood, wind, earthquake or other calamity, or the public enemy;

b.

Taken by eminent domain.

H.

Cancellation Procedures. Cancellation proceedings may be initiated by any member of the historic preservation commission.

1.

Once notice of possible cancellation has been given under subsection (G) of this section, the proposed cancellation shall be scheduled for the next historic preservation commission meeting, allowing for public noticing requirements in conformance with Chapter 17.78.

2.

The historic preservation commission shall make a recommendation to the council, which the commission's secretary shall transmit to the council and to the applicant and property owner by certified mail.

3.

The council, within sixty (60) days of initiation of the proceedings, shall cancel or continue the contract.

4.

The historic preservation commission's secretary shall notify the applicant and the property owner of the council's decision by certified mail within ten (10) days.

I.

Cancellation Fee. If a Mills Act contract is cancelled pursuant to subsection (G)(1) of this section, the property owner shall be liable to the city for a cancellation fee equal to twelve and one-half (12½) percent of the current fair market value of the property.

(Ord. No. 2010-265, § 3, 1-27-2010)

The Marks Historic Rehabilitation Act of 1976 was established by the state of California to allow cities and counties to provide long-term, low-interest loans to finance the preservation, restoration, and rehabilitation of historical resources. The City of Calabasas establishes a historic rehabilitation financing program, in accordance with and subject to, the provisions of the Marks Historic Rehabilitation Act.

A.

Rehabilitation Area. This area shall consist of all properties within the city.

B.

Eligible Structures. Any property eligible for funding under this program must be located within a rehabilitation area as defined in subsection (A) of this section, and must be a designated local historic landmark or landscape, a contributing structure to a designated local historic district, or listed or determined eligible for listing on the California Register of Historical Resources or the National Register of Historic Places.

C.

Rehabilitation Requirements. Any property rehabilitated with funding from this program must meet the following requirements.

Rehabilitation Standards. Any rehabilitation must use the Secretary of the Interior's Standards for the Treatment of Historic Properties with guidelines for preserving, rehabilitating, restoring, and reconstructing historic buildings, as well as any local preservation and design guidelines adopted by the city.

2.

Maintenance. Any property rehabilitated with funding from this program must be maintained in good condition for a period of at least ten (10) years from the completion of the rehabilitation.

D.

Advisory Board. The council will establish an advisory board pursuant to and in accord with state law, if and when an application for funding under this section is received by the city.

(Ord. No. 2010-265, § 3, 1-27-2010)

The following section is provided to allow for incentives to be used to support the preservation, maintenance and appropriate rehabilitation of the city's designated historical resources.

A.

Eligible Properties. Preservation incentives shall be made available to owners of any of the following types of properties:

1.

Properties listed on the National Register of Historic Places;

2.

Properties listed on the California Register of Historical Resources;

3.

Properties designated as local historic landmarks or landscapes;

4.

Properties that are contributing structures in designated local historic districts.

B.

Eligible Projects. The following types of projects are eligible for preservation incentives. Any project listed below must comply with the Secretary of the Interior's Standards for the Treatment of Historic Properties and be approved by the historic preservation commission:

1.

Restoration or exterior rehabilitation that includes the restoration, repair or replacement, in kind, of significant architectural features;

2.

Re-roofing with similar material, or repair and replacement of roofing, where the roof is a significant architectural feature;

3.

Relocation to another site;

Restoration of designated interior spaces;

5.

Seismic reinforcement or structural rehabilitation;

6.

Replacement of building systems that will further the preservation of the historical resource;

7.

Additions shall be eligible for development incentives only.

C.

Incentives. The following incentives may be used for eligible projects as listed in subsections (A) and (B) of this section:

1.

Economic and Financial Incentives. The following incentives may be applied to a project approved by the historic preservation commission, and subject to approval by the city manager:

a.

Approval of a Mills Act contract pursuant to Section 17.36.150;

b.

Approval of funding through the historic rehabilitation financing program, as prescribed in Section 17.36.160;

c.

Grants or loans through other city funding sources, including housing funds;

d.

Preservation easements;

e.

Reduction or elimination of building plan-check or permit fees;

f.

Reduction or elimination of development-impact fees;

g.

Reduction or elimination of any other applicable city fees;

h.

Federal Rehabilitation Tax Credits (applied through the California Office of Historic Preservation).

2.

Development Incentives.

a.

State Historic Building Code.

b.

Parking Variances. For single-family residences, the zoning requirement for two parking spaces within an enclosed garage when adding floor area shall be waived, if an existing one-car garage contributes to the significance of the property and/or district and is in good condition or, if deteriorated, will be returned to good condition as part of work to add new living space to the residence.

c.

Setback Reduction. Reductions in required setbacks or height requirements may be granted when a reduction allows for the restoration of a character-defining feature, or allows for character-defining features to be replicated in additions to historic structures. In no case shall a reduction in a setback be granted when the reduction will cause an adverse affect to the property or cause an adverse affect to the character of the neighborhood or district.

(Ord. No. 2010-265, § 3, 1-27-2010)

The California State Historic Building Code (SHBC) provides alternative building regulations for the rehabilitation, preservation, restoration, or relocation of structures surveyed and identified as historical resources. The SHBC shall be used in evaluating any building permit for work affecting an historical resource.

(Ord. No. 2010-265, § 3, 1-27-2010)

Preservation easements on the facades of buildings designated as historical resources may be acquired by the city, or on the city's behalf, by a nonprofit group designated by the city through purchase, donation, or condemnation pursuant to California Civil Code Section 815.

(Ord. No. 2010-265, § 3, 1-27-2010)

In addition to any duty of maintenance established by another provision of this Code or other applicable law, the owner or other person in possession of an historical resource has a duty to keep in good repair all of the exterior features of said resource, and all interior features thereof which, if not maintained, may cause or tend to cause the exterior features of said resource to deteriorate, decay, become damaged or fall into a state of disrepair.

A.

All historical resources shall be preserved against such decay and be kept free from structural defects through the prompt repair of any of the following:

1.

Facades which may fall and injure a member of the public or property;

2.

Deteriorated or inadequate foundations, defective or deteriorated flooring or floor supports, and deteriorated walls or other vertical structural supports;

Members of ceilings, roofs and roof supports or other horizontal members which age, split or buckle;

4.

Deteriorated or insufficient waterproofing of exterior walls, roofs, foundations or floors, including broken windows or doors;

5.

Defective or insufficient weather protection for exterior walls, including lack of paint or weathering due to lack of paint, or other protective covering;

6.

Any fault or defect in the building, which renders it not watertight or otherwise structurally unsafe.

B.

A certificate of appropriateness shall not be issued for the demolition of an historical resource because of the failure of the owner to comply with this section.

C.

It shall be the duty of the city's building officials to enforce this section.

(Ord. No. 2010-265, § 3, 1-27-2010)

Nothing in this chapter shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any property covered by this chapter that does not involve a change in design, material, or external appearance thereof.

(Ord. No. 2010-265, § 3, 1-27-2010)

Nothing contained in this chapter shall prohibit the construction, alteration, restoration, demolition or relocation of any historical resource, when such action is required for public safety due to an unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code.

The community development department shall, upon the assessment and recommendation of the city's building official, certify that such a condition exists and inform the historical preservation commission of that determination. Upon such certification, a certificate of appropriateness shall not be required for work within the scope of this section.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Any person who violates a requirement of this chapter, fails to obey an order issued by the historic preservation commission, or fails to comply with a condition of approval for any certificate or permit issued under this chapter, shall be guilty of a misdemeanor punishable pursuant to Section 1.16.020(A) of this Code.

B.

Any alteration or demolition of an historical resource in violation of this chapter is expressly declared to be a nuisance and shall be abated by restoring or reconstructing the property to its original condition prior to the violation. Any person or entity who demolishes, or substantially alters or causes substantial alteration or demolition of, a structure in violation of the

provisions of this chapter, shall be liable for a civil penalty pursuant to subsection (D) of this section and/or Chapter 1.17, as well as any other criminal or civil remedies authorized by this Code or other law.

C.

Alteration or demolition of an historical resource in violation of this chapter shall authorize the city to issue a temporary moratorium for the development of the subject property for a period not to exceed twenty-four (24) months from the date the city becomes aware of the alteration or demolition. The purpose of the moratorium is to provide the city an opportunity to study and determine appropriate mitigation measures for the alteration or removal of the historic structure, and to ensure measures are incorporated into any future development plans and approvals for the subject property. Mitigation measures as determined by the city historic preservation officer shall be imposed as conditions of any subsequent permit for development of the subject property.

D.

In the case of demolition, the civil penalty authorized by subsection (B) of this section shall be equal to one-half the assessed value of the historical resource prior to the demolition. In the case of alteration, the civil penalty authorized by subsection (B) of this section shall be equal to one-half the cost of restoration of the altered portion of the historical resource. Building and construction permits and/or a certificate of occupancy may not be issued for additional work on the property (other than work pursuant to Section 17.36.230) until the penalty has been paid in full to the city.

E.

In addition to any other remedies available at law or in equity, the city attorney may maintain an action for injunctive relief to restrain a violation, or cause, where possible, the complete or partial restoration, reconstruction or replacement of any structure demolished, partially demolished, altered or partially altered in violation of this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

In order to ensure that Calabasas' historic buildings are preserved for future generations, the historic preservation commission may recommend guidelines for adoption by the council to assist owners in the preservation, rehabilitation, protection and maintenance of historic buildings. Any guidelines shall be consistent with the Secretary of the Interior's Standards for the Treatment of Historic Properties with guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings.

A.

Secretary of the Interior's Standards for the Treatment of Historic Properties. Any proposed work on an historical resource should follow the intent of the Secretary of the Interior's Standards for the Treatment of Historic Properties with guidelines for preserving, rehabilitating, restoring and reconstructing historic buildings. These standards were developed by the federal government to set up very broad, general philosophical principles regarding work done to historic properties. Any proposed work should follow these general principles while meeting any guidelines adopted by the historic preservation commission.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.38 - REASONABLE ACCOMMODATION

In accordance with federal and state law, it is the policy of the city to provide disabled persons reasonable accommodations as necessary to ensure equal access to their dwelling unit and/or place of business. The purpose of this section is to provide a clear and defined process for disabled persons to make reasonable accommodation requests from existing standards in the city's development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

Any disabled person, or his or her representative, may request a reasonable accommodation from the application of a land use or zoning regulation, policy, practice or procedure when necessary to afford such persons equal opportunity to use and enjoy their dwelling unit or place of business.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Application. A disabled person or his/her representative who desires to request a reasonable accommodation may file an application with the department. A reasonable accommodation may be approved only for the benefit of one or more individuals with a disability. An application for a reasonable accommodation from a land use or zoning regulation, policy, or practice shall be made on a form provided by the department. No fee will be required for a request for reasonable accommodation, but if the project requires another discretionary permit and environmental review, then the prescribed fee shall be paid for that discretionary permit and environmental review.

B.

If a project for which a reasonable accommodation request is made requires another discretionary approval, then the applicant may file the reasonable accommodation request together with the application for the other discretionary approval. The processing procedures of the non-reasonable accommodation discretionary approval shall govern the joint processing of both the reasonable accommodation request and the non-reasonable accommodation discretionary permit.

C.

Application Contents. In addition to the materials required under other applicable provisions of this Code, the applicant is required to submit the following information with the application:

1.

The applicant's name, address, and telephone number.

2.

If not the applicant, the identity of the disabled person(s), and the applicant's relation to the disabled person(s).

3.

Identification and description of the disability which is the basis for the request for reasonable accommodation. The applicant shall include current written certification of the disability and a description of the disability's effects on the individual's medical, physical or mental limitations.

4.

The specific exception or modification to this development code, or other land use or development regulation, policy, or practice requested by the applicant.

5.

Documentation that the specific exception or modification requested by the applicant is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy his or her residence or business. Where appropriate, the applicant shall include a summary of any alternatives to the reasonable accommodation

Copies of memoranda, correspondence, pictures, plans, or background information reasonably necessary for the review authority to reach a decision regarding the need for reasonable accommodation.

7.

Other supportive information deemed necessary by the city to facilitate proper consideration of the request so long as any request for additional information complies with state and federal law.

(Ord. No. 2010-265, § 3, 1-27-2010)

A reasonable accommodation request will be reviewed in accordance with the following procedures:

A.

Findings. The written decision to approve, conditionally approve, or deny a request for reasonable accommodation shall be based on the following findings, all of which are required for approval:

1.

The requested accommodation is requested by or on behalf of one or more individuals with a disability protected by federal or state law.

2.

The requested accommodation is necessary to provide accommodation is requested by or on behalf of one or more individuals with a disability protected by federal or state law.

3.

The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy their dwelling or business.

4.

The requested accommodation will not impose an undue financial or administrative burden to the city.

5.

The requested accommodation will not result in a fundamental alteration of a neighborhood's character or will not substantially undermine any express purpose of the General Plan or any applicable specific plan.

6.

The requested accommodation will not, under the specific facts of a case, result in a direct threat to the health and safety of other individuals or substantial physical damage to the property of others.

In making these findings, the review authority may approve alternative reasonable accommodations which provide an equivalent level of use and enjoyment.

B.

Conditions. Any modifications granted for an individual with a disability may, at the discretion of the review authority, be considered as a personal accommodation for the individual applicant and may, at the determination of the review authority, not run with the land. The conditions of approval may, where deemed appropriate, provide for any or all of the following:

1.

Inspection of the affected property periodically, as specified in the conditions, to verify compliance with this chapter and with any applicable conditions of approval.

2.

Prior to any transfer of interest in the property, notice to the transferee of the existence of the modification, and the requirement that the transferee apply for a new modification as necessary. Once such transfer takes effect, the originally approved modification shall have no further validity.

3.

Other necessary conditions deemed necessary to protect the public health, safety, and welfare.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Director's Review. Requests for reasonable accommodation shall be reviewed by the director, if no discretionary approval is sought other than the request for reasonable accommodation.

The director shall issue a written decision on a request for reasonable accommodation within forty-five (45) days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 17.38.040.

If necessary to reach a determination on the request for reasonable accommodation, the director may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the forty-five-day period to issue a decision is stayed until the applicant responds to the request.

B.

Concurrent Review. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the review authority in compliance with the applicable review procedure for the discretionary review. The written determination to grant or deny the request for reasonable accommodation shall be made in accordance with Section 17.38.040 of this section.

(Ord. No. 2010-265, § 3, 1-27-2010)

Unless the review authority determines a reasonable accommodation runs with the land, a reasonable accommodation shall lapse if the rights granted by it are discontinued for one hundred and eighty (180) consecutive days. If the person initially occupying a residence or business vacate, the reasonable accommodation shall remain in effect only if the director determines that (i) the modification is physically integrated into a structure and cannot easily be removed or altered to comply with the Municipal Code; (ii) its removal would constitute an unreasonable financial burden; and (iii) the accommodation is

necessary to give another disabled individual an equal opportunity to enjoy the dwelling or business. The director may request the applicant or his or her successor-in-interest to the property to provide documentation that subsequent occupants are persons with disabilities. Failure to provide such documentation within ten (10) days of the date of a request by the director shall constitute grounds for discontinuance by the city of a previously approved reasonable accommodation.

(Ord. No. 2010-265, § 3, 1-27-2010)