Chapter 17.48 — IMPROVEMENT PLANS AND AGREEMENTS

This chapter establishes procedures and requirements for the review and approval of improvement plans, the installation of improvements, agreements and guarantees for their installation, and dedications.

(Ord. No. 2010-265, § 3, 1-27-2010)

After the approval of a tentative map, the subdivider shall diligently proceed to complete any work necessary to fulfill the conditions of approval. A public works improvement application shall be required for all improvements proposed within new subdivisions. The application shall include any applicable forms on file with the city. Before the construction of any improvements, the subdivider shall submit plans to the city as follows:

A.

Preparation and Content. Improvement plans shall be prepared by a California registered civil engineer. Improvement plan submittals shall include the following information:

1.

Any drawings, specifications, calculations, design reports and other information required by the city engineer;

2.

Grading, drainage, erosion and sediment control, and any pollution control requirements for the entire subdivision; and

3.

Required fees, as approved by the council, including fees for improvement plan/specification checking and construction inspection.

B.

Submittal of Plans. Improvement plans shall be submitted to the city engineer for review and approval. Upon the approval of improvement plans in compliance with subsection (C) of this section, the subdivider shall also submit a detailed cost estimate of all improvements to the city engineer on a form approved by the city, which shall include a fifteen (15) percent contingency factor.

C.

Review and Approval. Improvement plans shall be reviewed and approved by the city engineer within the time limits provided by Map Act Section 66456.2.

D.

Effect of Approval. The approval of improvement plans shall be required before approval of a parcel or final map. The approval of improvement plans shall not bind the city to accept the improvements nor waive any defects in the improvements as installed.

(Ord. No. 2010-265, § 3, 1-27-2010)

Subdivision improvements required as conditions of approval of a tentative map in compliance with this chapter (See Section 17.46.010(B)) shall be installed as provided by this section.

A.

Timing of Improvements. Required improvements shall be constructed or otherwise installed only after the approval of improvement plans as provided by Section 17.48.020, and before the approval of a parcel or final map in compliance with Sections 17.42.140 or 17.42.230, except where:

1.

Improvements are deferred in compliance with Section 17.48.040; or

2.

Improvements are required as conditions on the approval of a subdivision of four or fewer lots, in which case construction of the improvements shall be required:

a.

Only when a permit for development of an affected parcel is issued by the department, or

b.

At the time the construction of the improvements is required in compliance with an agreement between the subdivider and the city, as set forth in Section 17.48.040, or

c.

At the time set forth in a condition of approval, when the review authority finds that fulfillment of the construction requirements by that time is necessary for public health and safety, or because the required construction is a necessary prerequisite to the orderly development of the surrounding area.

B.

Inspection of Improvements. The construction and installation of required subdivision improvements shall occur as follows.

1.

Supervision. Before starting any work, the contractor engaged by the subdivider shall designate in writing an authorized representative who shall have the authority to represent and act for the contractor in contacts with the city. The designated representative shall be present at the work site at all times while work is in progress. At times when work is suspended, arrangements acceptable to the city engineer shall be made for any emergency work that may be required.

2.

Inspection Procedures.

a.

Inspections Required. The city engineer shall make any inspections as he or she deems necessary to ensure that all construction complies with the approved improvement plans. Where required by the city engineer, the developer shall enter into an agreement with the city to pay the full cost of any contract inspection services determined to be necessary by the city engineer.

b.

Access to Site and Materials. The city engineer shall have access to the work site at all times during construction, and shall be furnished with every reasonable facility for verifying that the materials and workmanship are in accordance with the approved improvement plans.

c.

Authority for Approval. The work done and all materials furnished shall be subject to the inspection and approval of the city engineer. The inspection of the work or materials shall not relieve the contractor of any obligations to fulfill the work as prescribed.

d.

Improper Work or Materials. Work or materials not meeting the requirements of the approved plans and specifications may be rejected, regardless of whether the work or materials were previously inspected by the city engineer. In the event that the city engineer determines that subdivision improvements are not being constructed as required by the approved plans and specifications, he or she shall order the work stopped and shall inform the contractor of the reasons for stopping work and the corrective measures necessary to resume work. Any work done after issuance of a stop work order shall be a violation of this title.

3.

Notification. The subdivider shall notify the city engineer upon the completion of each stage of construction as outlined in this chapter, and shall not proceed with further construction until authorized by the city engineer.

(Ord. No. 2010-265, § 3, 1-27-2010)

A subdivider may file a parcel or final map before completion of all the improvements required by this article and conditions of approval of the tentative map, only when the subdivider first obtains council approval of a subdivision improvement agreement executed and submitted for council review by the subdivider, and provides the city performance security as required by this section. Improvement agreements and required security shall also comply with Chapter 5 of the Map Act.

A.

Contents of Improvement Agreement. A subdivision improvement agreement shall be submitted on a form provided by the city engineer and approved by city attorney and shall include the following provisions.

1.

Description of Improvements. A description of all improvements to be completed by the subdivider, with reference to the approved subdivision improvement plans;

2.

Time Limit for Construction. The period within which all required improvements will be completed to the satisfaction of the city engineer;

3.

Completion by City. Provide that if the subdivider fails to complete all required improvements within the specified time, the city may elect to complete the improvements and recover the full cost and expenses thereof from the subdivider or the surety, including any attorney and legal fees associated with enforcement of the agreement. The costs and expenses may be recorded as a lien against all parcels within the subdivision;

4.

Surety Requirement. Require the subdivider to secure the agreement by furnishing security to insure full and faithful performance, as specified in subsection (B) of this section. The amount of surety shall be based on an engineer's cost estimate submitted by the subdivider as provided by Section 17.48.020(B) and approved by the city engineer. The total cost of improvements to be guaranteed shall be as provided in the approved engineer's cost estimate;

Phased Construction. Provisions for the construction of improvements in units, at the option of the subdivider;

6.

Time Extensions. Provisions for an extension of time under conditions specified therein, at the option of the subdivider, consistent with the requirements of subsection (E) of this section;

7.

Progress Payments or Partial Release. Provide for progress payments from surety deposits or partial release of agreement surety, at the option of the subdivider, consistent with the requirements of subsection (D) of this section; provided that no progress payment or partial release shall be construed to be acceptance by the city of any portion of the required improvements or any defective work or improper materials.

B.

Security Required to Guarantee Improvements. A subdivision improvement agreement or a subdivision road maintenance and repair agreement shall be secured by adequate surety in a form approved as to form and sufficiency by the city attorney, as follows:

1.

Type of Security. Subdivision improvement agreements shall be secured by all of the following:

a.

A guarantee for faithful performance, in the amount of one hundred (100) percent of the engineer's cost estimate; and

b.

A guarantee for materials and labor, in the amount of one hundred (100) percent of the engineer's cost estimate.

2.

Form of Security. The required surety shall consist of a cash deposit of ten (10) percent of the amounts specified in subsection (B)(1) of this section, or other amount determined by the city engineer, or in one of the following forms for the full amounts specified in subsection (B)(1) of this section, as approved by the city engineer:

a.

A bond or bonds executed by one or more duly authorized corporate sureties;

b.

An instrument of credit or letter of credit from one or more financial institutions subject to regulation by the state or federal government pledging that funds necessary to carry out the act or agreement are on deposit and guaranteed for payment; or

c.

A lien upon the property to be divided, created by contract between the owner and the city.

C.

Release of Security. The security furnished by the subdivider shall be released as provided by Chapter 5 of the Map Act.

D.

Progress Payments or Partial Release. No progress payment or partial release of surety shall be made except when the city engineer has certified that the work required to qualify for payment or release has been satisfactorily completed and the

payment or release has also been approved by the council by at least four-fifths vote. No certificate given, progress payment made, or release of surety, except the final certificate of acceptance, shall be considered as any evidence of the performance of the agreement either wholly or in part. There shall be no partial acceptance of any improvements.

E.

Time Extensions. An extension of time for completion of improvements under a subdivision improvement agreement pursuant shall be granted by the council only as follows:

1.

Public Works Report. The city engineer notifies the council that the subdivider is proceeding to do the work required with reasonable diligence and has given satisfactory evidence of being able and willing to complete all required work within the time of the requested extension.

2.

Agreement by Sureties. The sureties agree in writing to extend for the additional period of time at the original amount of the bond or other surety, or if recommended by the city engineer, at an increased amount.

3.

Council Action. The council approves the extension by at least a four-fifths vote. As a condition of granting a time extension, the council may impose whatever additional requirements the council deems reasonable to protect the public interest.

F.

Acceptance of Improvements. Before acceptance for maintenance or final approval by the council of subdivision improvements, the city engineer shall verify that the improvement work has been completed in substantial compliance with the approved plans and specifications.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.50 - DEDICATIONS AND EXACTIONS

This chapter establishes standards for subdivider dedications of land or payment of fees in lieu thereof, in conjunction with subdivision approval.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.50.020 - Applicability.

A.

Compliance Required. All proposed subdivisions shall comply with the requirements of this chapter for dedications, reservations or the payment of in-lieu fees.

B.

Conditions of Approval. The requirements of this chapter as they apply to a specific subdivision shall each be described in conditions of approval adopted by the review authority for the tentative map.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.50.030 - Park land dedications and fees.

A.

Purpose. This section provides for the dedication of land and/or the payment of fees to the city for park and recreational purposes as a condition of the approval of a tentative map, in compliance with the General Plan. This section is enacted as authorized by the provisions Government Code Section 66477 also known as the "Quimby Act."

B.

Applicability.

1.

Land Dedication and/or Fee Payment Required. As a condition of tentative map approval, the subdivider shall dedicate land and/or pay a fee in compliance with this section for the purpose of developing new or rehabilitating existing park or recreation facilities. Only the payment of a fee shall be required in compliance with subsection (E) of this section, for subdivisions proposing less than fifty (50) parcels.

2.

Value to Include Street Improvements. The amount and location of land to be dedicated or the fees to be paid shall bear a reasonable relationship to the use of park and recreational facilities by the future inhabitants of the subdivision; therefore, the land dedication or fee in lieu of land calculated in compliance with this section shall also include full street improvements, either dedicated or to be maintained by a property owner for an equivalent amount of land.

3.

Exemptions. The provisions of this section do not apply to:

a.

Nonresidential subdivisions proposing less than five parcels, provided that a condition shall be placed on the approval of the parcel map that if a building permit is requested for the construction of any residential structure on one or more of the parcels within four years, the fee shall be paid by the owner of each parcel as a condition of building permit issuance;

b.

Commercial or industrial subdivisions;

c.

Condominium projects or stock cooperatives which consist of the subdivision of airspace in an existing apartment building which is more than five years old, when no new dwelling units are added; or

d.

Any other subdivisions exempted by Map Act Section 66477.

C.

Standards for Determinations. The amount of land or fees paid shall be based on the residential density, which shall be determined based on the approved or conditionally approved tentative map.

1.

There shall be a rebuttable presumption that the average number of persons per household by units in a structure is the same as that disclosed by the most recent available Federal census or a census taken in compliance with Government Code Sections 40200 et seq.

Subdividers may offer evidence of the actual population densities of a proposed project for determination by the council. The council shall consider the evidence submitted and if it finds that the actual population density will differ from the presumed density, the council shall use the actual density to calculate the required land or in-lieu fee. The population density shall be for, but not limited to the persons for unit for:

a.

Single-family dwellings;

b.

Multifamily dwellings;

c.

Mobilehomes within mobilehome parks; and

d.

City approved senior citizen residential housing units.

D.

Amount of Land to be Dedicated. The area of land required to be dedicated by a residential subdivider for park and recreational purposes shall be equivalent to a ratio of three acres of usable park land per one thousand (1,000) residents.

The determination of area required for dedication shall be based upon the number of approved dwelling units in the subdivision and the average number of persons per household, using the following formula.

A = .003 x UP

Where:

A = Amount of park land required, in acres.

U = Total number of approved dwelling units in the subdivision.

P = Population density per dwelling unit.

.003 = 3 acres of park land per 1,000 population.

E.

Formula for Fees in Lieu of Land. If the entire park land obligation for a proposed residential subdivision is not satisfied by dedication in compliance with subsection (D) of this section, the subdivider shall pay to the city a fee in lieu of dedication, as a condition of tentative map approval. The fee shall equal:

1.

The park land obligation in acres derived from the formula in subsection (D) of this section, less the acreage of park land, if any, offered for dedication by the subdivider, times the per acre fair market value of the unimproved land within the subdivision; plus

2.

The value of street improvements for the park land, calculated as the number of acres determined by subsection (D) of this section, times the fair market value per acre of the actual cost per acre for the full street improvements of the subdivision for which the fee is calculated.

F.

Determination of Fair Market Value. For purposes of determining the required fee in lieu of land in compliance with subsection (E) of this section, fair market value shall be determined in compliance with the following requirements:

1.

Methods of Determination. The fair market value of the unimproved land for subdivision shall be established by one or a combination of the following methods:

a.

The fair market value can be determined through the use of accepted assessment practices and may be based on the current assessed value, with adjustments, if necessary, to reflect current fair market value in compliance with the standards and practices established by the county assessor.

b.

If the city or subdivider objects to the valuation, either party at the subdivider's expense, may employ a recognized, qualified certified neutral real estate appraiser to obtain an appraisal of the property. The city or its designated representative shall be provided with a certified copy of the appraisal report in order to calculate and substantiate the in-lieu fee.

c.

The city and the subdivider may agree to a fair market value through the use of a certified copy of the current escrow instructions establishing full purchase value, comparable sales records, or other mutually acceptable procedures or methods.

2.

Time Limit for Determination. A land evaluation or appraisal shall be determined a minimum of ninety (90) days prior to map recordation. Written notice of the proposed valuation shall be provided by first class mail, postage prepaid, to the subdivider along with the city's calculation in compliance with this section. The notice shall be deemed served upon its deposit in the United States mail.

3.

Objections to Valuation. The subdivider may object to the assessed valuation and resulting fee within thirty (30) days of service of the valuation notice. The objection shall be in writing and presented to the city manager by mail, or in person. The council may object within thirty (30) days of service of the valuation notice by a resolution adopted by a majority of its members. If no objections are made within thirty (30) days, all objections to the proposed value for use in calculating the inlieu fees are deemed waived.

G.

Criteria for Requiring Dedication and/or Fees. In subdivisions of over fifty (50) lots, the city may require the subdivider to dedicate both land and pay a fee, as follows:

1.

Determination of Land or Fee. Whether the city accepts land dedication or elects to require payment of a fee in lieu thereof, or a combination of both, the amount shall be determined by consideration of the following:

a.

The General Plan, Parks and Recreation Master Plan and any applicable specific plans, and the compatibility of dedication with those plans;

b.

Topography, geology, access, size, shape and the location of land available for dedication;

c.

Feasibility of dedication; and

d.

Availability of previously acquired park property.

2.

Fees Only. Only the payment of fees shall be required in subdivisions of fifty (50) parcels or less; except that when a condominium project, stock cooperative, or community apartment project exceeds fifty (50) dwelling units, land dedication may be required regardless of the fact that the total number of parcels may be less than fifty (50).

3.

Procedure for Determining Land or Fee. The council, upon recommendation of the director, shall determine whether the subdivider shall dedicate land, pay in-lieu fees, or provide a combination of both, at the time of tentative map approval. The recommendations and the action of the review authority shall consider the factors in subsection (G)(1) above, and shall include the following:

a.

The amount of land required;

b.

Whether a fee shall be charged in lieu of land;

c.

Whether land and a fee shall be required, and/or that a stated amount of credit be given for private recreation facilities;

d.

The location and suitability of the park land to be dedicated or use of in-lieu fees; and

e.

The approximate time when development of the park or recreation facility shall commence.

The determination of the city as to whether land shall be dedicated, or whether a fee shall be charged, or a combination thereof, shall be final and conclusive.

4.

Formula for Land and Fees. When both land dedication and fee payment are required or proposed, they shall be negotiated with the council and shall be calculated based on the number of acres determined in compliance with subsection (D) of this section, times the value for land and full street improvements per acre.

5.

Credit for Improvements. If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.

6.

Credit for Private Recreation or Open Space. Where a substantial private park and recreational area is provided in a proposed subdivision (including planned developments, stock cooperatives, community apartment projects and condominiums) that will be privately owned and maintained by the future residents of the subdivision, credit may be given toward the requirement of land dedication or payment of fees in lieu thereof as the council determines is appropriate. The council's determination shall be based on the recommendations of the director who shall consider the formula in the city's guidelines for determining allowed Quimby credit as well as factors in subsection (G)(1) of this section and subsections (G)(6)(a) through (G)(6)(f) of this section. In addition, before determining to grant credit, the council shall find all of the following:

a.

Yards, court areas, setbacks and other open areas required to be maintained by Titles 15 and 17 of the Municipal Code are not included in the computation of the private open space;

b.

The private ownership and maintenance of the open space in the future is adequately secured and contained in recorded written agreements, conveyances, covenants, conditions, or restrictions;

c.

The use of the private open space is restricted for park and recreational purposes by recorded covenants, conditions, or restrictions, which run with the land in favor of the future owners of property and which cannot be defeated or eliminated without the consent of the city;

d.

The proposed private open space is usable for active recreation;

e.

The proposed private open space is open to all subdivision property owners and residents therein; and

f.

Facilities proposed for the open space are in substantial compliance with the provisions of the General Plan and Master Plan of Parks.

H.

Suitability of Land to be Dedicated. Each park site proposed for dedication in compliance with this section shall be physically suited for the intended use.

1.

Land which is made part of a park site for subdivision design purposes, but which is physically unsuited for park use, shall be discounted when calculating the area of the park site provided in compliance with this section. The park space provided shall be calculated from the road rights-of-way and interior property lines abutting the site, and not from any abutting roadway centerline.

2.

Land intended for other than trail use shall have a maximum slope of three percent. If necessary, the site shall be graded by the subdivider to achieve this slope, in compliance with plans approved by the city. Land which has an average slope of more than three percent may be credited against the park dedication requirement where the review authority determines that special circumstances exist which would make the acceptance of the land in the public interest. The amount of credit against the park obligation in these cases shall be calculated as shown in Table 4-1. Greater credit for sites in excess of three percent

slope may be granted where the review authority determines that a site contains an exceptional visual, biotic or other natural resource.

3.

If the council determines that any of the land proposed to be dedicated is not suitable for park use or open space purposes, it may reject all or any portion of the land offered, and in that event the subdivider shall instead pay a fee in compliance with subsection (E) of this section.

I.

Conveyance of Land—Payment of Fees.

1.

Real property being dedicated for park purposes shall be conveyed by grant deed in fee simple to the city by the subdivider, free and clear of all encumbrances except those which, in the opinion of the city attorney, will not interfere with use of the property for park and recreational purposes, and which the city agrees to accept. Required deeds for the dedication of land and/or the amount of required fees, including any fees required by this section pursuant to the Quimby Act, shall be deposited with the city at the time of submittal of a parcel or final map. The deeds and/or fees shall be held by the city until the map is recorded, withdrawn by the subdivider, or the time for recordation expires. The subdivider shall provide all fees and instruments required to convey the land, and title insurance in favor of the city in an amount equal to the value of the land.

2.

If subdivider is only required to pay fees, these fees shall be paid no later than at the time of final map recordation.

J.

Use of Collected Fees. Fees collected in compliance with this section shall be used only for either acquiring land or developing new or rehabilitating existing park or recreational facilities reasonably related to serving the proposed subdivision.

1.

The council, considering any recommendations from the director, shall develop a schedule specifying how, when, and where it will use the land or fees, or both, to provide park or recreational facilities to serve the residents of the subdivision.

2.

Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision.

K.

Supplemental Regulations. The council may, by resolution adopted after a noticed public hearing, and upon the recommendation of the director, adopt regulations to further define administration, procedures, interpretations, and policies considered necessary or desirable to carry out the requirements of this section.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Offers of Dedication Required. As a condition of tentative map approval, the subdivider shall dedicate or make an irrevocable offer of dedication in fee simple of all land within the subdivision that is determined by the review authority to be needed for public and private streets and alleys, including access rights and abutters' rights; drainage; public and private greenways; scenic easements, public utility easements; and any other necessary public and private easements.

B.

Improvements. The subdivider shall improve or agree to improve all streets and alleys, including access rights and abutters' rights; and drainage, public utility and other public easements in accordance with design and improvement standards within this chapter or as may be adopted by resolution of the council.

C.

Rights-of-Way—Generally. Rights-of-way shall be of sufficient size to accommodate the required improvements. In addition, where parcels front on a city-maintained road of insufficient width, or when the existing right-of-way is not deeded, the subdivider shall dedicate right-of-way sufficient for the ultimate facility. Dedications on remainder parcels that are not at the smallest lot area allowed under present zoning will not be required unless necessary for orderly development of the area or public health and safety.

D.

Bicycle Paths. If the subdivision, as shown on the final map, contains two hundred (200) or more parcels, any subdivider who is required to dedicate roadways to the public, shall dedicate additional land for bicycle paths for the use and safety of the residents of the subdivision.

E.

Transit Facilities. Dedications in fee simple or irrevocable offers of dedication of land within the subdivision will be required for local transit facilities including bus turnouts, benches, shelters, landing paths and similar items that directly benefit the residents of the subdivision if:

1.

The subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown in the General Plan; and

2.

The review authority finds that transit services are or will, within a reasonable time period, be available to the subdivision.

F.

Alternative Transportation Systems. Whenever the subdivision falls within an area designated for the development of bikeways, hiking or equestrian trails in the General Plan, Parks and Recreation or Bikeways Master Plan, applicable specific plan, or implementing legislation, the subdivider shall dedicate land as is necessary and feasible to provide for these ways.

(Ord. No. 2010-265, § 3, 1-27-2010)

Article V. - Land Use and Development Permits Chapter 17.60 - APPLICATION FILING AND PROCESSING

This article provides procedures and requirements for the preparation, filing and initial processing of applications for the land use permits and other entitlements required by this development code. Procedures and requirements for the filing and processing of subdivision maps are in Article IV.

(Ord. No. 2010-265, § 3, 1-27-2010)

Table 6-1 (Review Authority) identifies the city official or body responsible for reviewing and making decisions on each type of permit or amendment.

For any specific project, the final review authority to approve, conditionally approve, or deny an application ordinarily subject to the decision of a lower review authority shall be the higher review authority as identified in Table 6-1, if the application is filed concurrently with an application subject to the decision of a higher review authority as set forth in Table 6-1.

Notes:

1. "Recommend" means that the review authority makes a recommendation on the approval or disapproval of the request to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 17.74.

2. The director may refer any matter subject to a decision by the director to the commission, so that the commission may instead make the decision.

3. The director's decision is based on the standards and guidelines in this development code. Final approval signature shall be required by the city engineer based on compliance with other applicable laws and codes.

(Ord. No. 2010-265, § 3, 1-27-2010)

In addition to all other review otherwise required by this Code, the historic preservation commission shall review all projects located within the Commercial, Old Town (CT) zone for consistency with the Old Town Calabasas Master Plan and Design Guidelines, as they may be amended from time to time. The historic preservation commission shall review and make recommendations to the appropriate approval body required by this Code.

(Ord. No. 2010-276, § 6, 6-23-2010)

A.

Application Contents. Applications for permits, amendments, and other matters pertaining to this development code shall be filed with the department on a city application form, together with all fees, plans, maps, reports and other information prepared as required by the land use application preparation and contents instruction lists provided by the department. Applicants are encouraged to contact the department before submitting an application to verify which materials are necessary for application filing.

B.

Eligibility for Filing. Applications may only be made by the owners or lessees of property, or their agents, or persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary permits under this development code.

C.

Pre-Application Conference. A prospective applicant or agent is encouraged to request a pre-application conference with the department prior to completion of project design and the formal submittal of a permit application. The purpose of this conference is to inform the applicant of city requirements as they apply to the proposed development project, review the procedures outlined in this development code, explore possible alternatives or modifications, and identify any technical studies that may be necessary for the environmental review process when a formal application is filed.

(Ord. No. 2010-265, § 3, 1-27-2010)

The council shall, by resolution, establish a schedule of fees for permits, amendments and other matters pertaining to this development code. The schedule of fees may be changed or modified only by resolution of the council. The city's processing fees are cumulative. For example, if an application for site plan review also requires a variance, both fees will be charged. Also, unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees. Processing shall not commence on any application until all required fees have been paid.

(Ord. No. 2010-265, § 3, 1-27-2010)

All applications filed with the department as required by this development code shall be initially processed as follows:

A.

Completeness Review. Within thirty (30) days of filing, the department shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.

1.

Notification of Applicant. The applicant shall be informed by a letter either that the application is 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 (A)(3) of this section.

2.

Appeal of Determination. Where the department has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the department is not required, the applicant may appeal the determination in compliance with Chapter 17.74.

3.

Expiration of Application. If a pending application is not completed by the applicant (i.e., not accepted as complete by the city) within six months after the first filing with the department, the application shall expire and be deemed withdrawn unless otherwise extended by the director. A new application may then be filed in compliance with this article.

4.

Additional Information. After an application has been accepted as complete, the department may require the applicant to submit additional information needed for the environmental review of the project as provided by Section 17.60.060.

B.

Referral of Application. At the discretion of the director or where otherwise required by this development code, state or federal law, any application filed in compliance with this development code may be referred to any public agency that may be affected by or have an interest in the proposed land use.

Table 6-2

Development Impacts of Individual Development Projects

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Purpose. The city is committed to informing and engaging the community as large development projects are proposed within the city and move through the city's development permit application review and approval process. The required community development forums offer the community, applicants, and project stakeholders an opportunity to hear and consider the ideas and concerns of residents and stakeholders as applicants develop and finalize project design before and during the initial stage of the formal application process and the city's development permit application review and approval process.

Statement of Purpose. Every notice required to be provided by applicants under this section shall include the following statement of purpose:

"The City of Calabasas requires that Community Development Forums be conducted for the following reasons:

1.

This forum is an opportunity to inform the public at the earliest stage possible that a development project may be proposed for the area.

2.

Because the development project being discussed may be one that could have an effect, benefit, impact, or contribution to your neighborhood, the City believes that community engagement and outreach is important.

3.

The City of Calabasas believes that an informal exchange of project information, together with ideas and concerns from members of the public, can result in superior projects.

This Forum is not a formally noticed "public hearing," and no decisions will be made at the Forum. Neither is there any obligation for the City, Applicant, or Property Owner to adopt or incorporate ideas and suggestions which arise and are discussed at the Forum."

B.

Applicability.

1.

Projects Required to Hold Two Community Development Forums. The city requires that two (2) community development forums be held for project applications located in commercial, recreational, multi-family or planned development zones proposing either a new, replacement or addition building area larger than ten thousand (10,000) square feet, or seeking one (1) or more of the following entitlements, in addition to all other applicable application requirements under this Code:

a.

General plan amendment,

b.

Development plan amendment,

c.

Development agreement,

d.

Zone change,

e.

Variance,

f.

Tract maps.

2.

Exemptions. This requirement does not apply to development projects that are either individual single-family residences in a residential zoning district or consist of solely interior remodeling or alterations of existing commercial structures.

3.

Other Projects. An applicant for a project not subject to the requirement to host community development forums may nevertheless choose to hold community development forums for any project of potentially significant public interest.

4.

Waiver Requests and Criteria. Notwithstanding the requirements in subsection (B)1 of this section, an applicants may apply for a waiver of the community development forums requirement. The director may waive the requirement for projects with a building area smaller than ten thousand (10,000) square feet if the director finds that waiving the requirement would not substantially impact the ability of the public to provide meaningful comments on a project's development and that adequate alternative measures exist to ensure that the public is kept informed of the proposed project, including, but not limited to, a public hearing notice for a project under consideration by the planning commission. The planning commission may waive the requirement for projects with a building area larger than ten thousand (10,000) square feet if the planning commission finds that waiving the requirement would not substantially impact the ability of the public to provide meaningful comments on a

project's development, that adequate alternative measures exist to ensure that the public is kept informed of the proposed project, including, but not limited to, a public hearing notice for a project under consideration by the planning commission, and that granting the waiver is not likely to result in substantial adverse impacts as a result of insufficient public participation in considering the application.

C.

Forum Number, Location, and Timing Requirements.

1.

Two (2) Community Development Forums Required. An applicant is required to hold two (2) community development forums. The applicant must hold the first community development forum prior to submitting a development application for planning entitlements for a project subject to this section. The applicant must hold the second community development forum after the development review committee has met and considered the submitted project application. The city will not deem an application subject to this section complete until after submission of proof, as specified in this section, that the applicant has held both the first and second community development forums.

2.

Location and Time. The applicant must hold community development forums on a Monday through Thursday, starting between six p.m. and seven p.m. Community development forums may not be held on Fridays, Saturdays, Sundays, or a declared federal, state, or city holiday. Applicants shall consider scheduled community events that may be likely to conflict and shall coordinate with planning department staff in scheduling community development forums. Community development forums must be located within city limits, and near the project site to the extent feasible. The first community development forum may be held at a private facility or one (1) of two (2) city facilities, Founders Hall located at 200 Civic Center Way, and the community center located at 27040 Malibu Hills Road. The second community development forum shall be held in either the council chambers or Founders Hall in the Civic Center, and broadcast on the Calabasas TV Channel (CTV), which is to also be publicly available via the CTV website.

D.

Forum Notice Requirements.

1.

The applicant is required to provide at least 21-days' notice of the first and second community development forums, using the community development forum template available from the director, by US mail to the following persons and entities:

a.

To all resident stakeholders identified as having a potential interest in the project, known to the applicant and/or city by having signed up on an interest or notification list maintained by the applicant for the project or by having signed up with the city on a list seeking additional information regarding a project.

b.

To all residents of the city zone in which the project is located, whether east, central, or west, as depicted on the city's most recent notification zones map available from the director, using USPS "Every Door Direct Mail" or other equivalent targeted mail service. Notices sent using this service shall be sent to both property owners and resident tenants, to the extent separate addressing information is available.

c.

To the Planning Department. Upon receipt of a copy of the first community development forum notice, the city will assist in advertising the forum in the city's website, and will additionally send the notice by email to:

i.

The city's citywide homeowners associations (HOA) list;

ii.

The city's standard media notification lists; and

iii.

The city's listing of individuals who have requested to be notified of public meetings, specific projects as applicable, or all community development forums.

d.

For the second community development forum, to all persons who attended the first community development forum and signed in or otherwise provided their mailing address to the applicant.

2.

The applicant is additionally required to publish a minimum one-eighth-page display ad providing notice of the first and second community development forums in the Acorn newspaper or other adjudicated newspaper of general circulation in the city at least twenty-one (21) days prior to the workshops. The applicant is additionally required to place a banner or sign, acceptable in form and size to the director, announcing the first and second community development forums at the project site twenty-one (21) days in advance of each community development forum. If available and approved by the director, banners announcing the meeting may also be placed at the city's designated community messaging sites.

E.

Forum Content Requirements.

1.

First Community Development Forum. The first community development forum is intended as an opportunity to exchange ideas with the community about the proposed development and project options and alternatives for the project site. The format is ideally a "charrette", with audience participation in design concepts and development features.

a.

To facilitate the purposes of the first community development forum, the applicant is required to provide the following materials to attendees and complete the following requirements in holding the first community development forum:

i.

Any available slide show presentation providing information on the proposed project, such as an overview of the project's conceptual plan, proposed land uses, and site plan, with optional copies for the public;

ii.

A recent aerial photograph of the site and surrounding area;

iii.

The adopted zoning map and zoning designation of the subject property, along with a list of allowable land uses under that zoning designation;

iv.

The city adopted general plan land use designation of the subject project, and any specific plan which identified desired or specified uses or development at that location;

v.

Any applicant-generated preliminary plans/concepts/sketches or image boards that illustrate the project's idea or concept for site use. If the applicant has analyses of project traffic, geotechnical studies, parking calculations, or other specific information, applicants shall include that information as well;

vi.

An opportunity for the public to engage with the project's design team and other subject matter experts. The proposer may, at their option, use a "hands on" or "charrette" style interactive design process;

vii.

Applicant's company profile or individual biography, providing a list of significant or relevant past projects or other relevant development background; and

viii.

Contact information for a designated representative and the address of a project website or social media site.

b.

At the conclusion of the forum, the applicant is required to provide an oral summary of the discussions held, ideas received, and concepts offered by attendees.

c.

The applicant must provide a sign-in sheet to allow attendees to register their attendance and provide their name, mailing address, and other contact information for receipt of future project notices. The applicant must advise attendees that the sign-in sheet will be transmitted to the city, is a public document, and thus that attendees are not required to sign in to attend the forum.

2.

Second Community Development Forum. The second community development forum is intended to be held after the applicant has received formal comments from the city's design review committee regarding the proposed project, but must be held before the project application may be deemed complete. The city intends that this second forum serve as an opportunity for the applicant to inform the public about project proposals and updates after the first forum and to inform the public and neighborhood about benefits that the project will contribute to the community. It is also a forum for the applicant to receive substantive audience comments regarding the project's size, land uses, and other aspects and suggestions in order to improve and refine project designs.

a.

To facilitate the purposes of the second community development forum, the applicant is required to provide the following materials to attendees to the extend they are available, and complete the following requirements in holding the second community development forum:

i.

The project and site information available at the first community development forum, updated as applicable;

ii.

A project site plan;

iii.

Floor plans, elevations and cross-sections through the project;

iv.

Renderings or models;

v.

A written narrative of how the project addresses applicable site constraints and city, regional, state, and federal legal requirements, related to traffic, parking, natural, biological, historic, and other resources, grading, or other potential environmental impacts, and any planned mitigation measures to reduce one (1) or more of those potential impacts;

vi.

A written narrative of how the project addresses the goals and requirements of the general plan and development code, and any applicable specific plan or specialty zone or development standard, such as the scenic corridor; and

vii.

A written narrative of special conditions at the project site, as appropriate.

b.

At the second community development forum, the applicant is required to present the project's conceptual plan, provide an overview of the proposed land uses and site plan, provide an overview of the information required above, and then answer detailed questions from the audience. Planning staff will also be present to provide an overview of the various applicable standards, such as those found in the general plan, any relevant specific plan and the development code which will be used in evaluating the proposal. After completing the presentation and answering questions from the public, the applicant is required to host several small-group discussions with members of the project's design and engineering teams, then answer further specific questions from members of the public. The city anticipates that the public will have specific questions regarding project impacts such as traffic, noise, or grading of concern to the community, and thus the applicant is required to have present members of the project team qualified to answer questions regarding those and other potential impacts of the project. After completing the small-group break-out sessions, the applicant is required to provide an oral summary of the discussions held, ideas received, and concepts discussed at each small-group break-out session.

F.

Development Permit Application Requirements After Community Development Forum.

1.

Post-First Forum Requirements. After the first community development forum, the applicant may file formal planning entitlement applications with the city planning department, in compliance with all applicable requirements of this Code. The applicant must include the following materials, to the extent that they are available from the first community development forum, as part of the application submittal for a project subject to this section:

a.

A copy of the published Acorn or other newspaper ad, with a proof of publication;

b.

A copy of the residents and other stakeholders list developed and used for notification of the first community development forum;

c.

A proof of service evidencing that notices were delivered to the city zone in which the project is located through USPS "Every Door Direct Mail" or other targeted mail service;

d.

A copy of the sign-in sheet from the first community development forum;

e.

Copies of available presentation materials from the first community development forum;

f.

A written narrative description/summary of the first community development forum, that must describe the applicant's presentation, materials and format, include a summary of the applicant's outreach efforts to identify key stakeholder groups and explanation of the use of social media sites to solicit meeting interest, include a summary of public comments, suggestions and concerns, and include a narrative description of how those public comments, suggestions and concerns will be addressed; and

g.

Proof that the applicant has established a webpage or social media page for the project, as well as contact information for a project representative.

2.

Post-Second Forum Requirements. After the second community development forum, the applicant must submit the following materials to the city, to the extent that they are available, providing proof of completing this requirement, before the project's planning entitlement applications may be deemed complete, if in compliance with all other applicable requirements of this Code:

a.

A copy of the published Acorn or other newspaper ad, with a proof of publication;

b.

A copy of the residents and other stakeholders list developed and used for notification of the second community development forum;

c.

A proof of service evidencing that notices were delivered to the city zone in which the project is located through USPS "Every Door Direct Mail" or other targeted mail service;

d.

A copy of the sign-in sheet from the second community development forum;

e.

Copies of available presentation materials from the second community development forum;

f.

A written narrative description/summary of the second community development forum, that must describe the applicant's presentation, materials and format, include a summary of the applicant's outreach efforts to identify key stakeholder groups and explanation of the use of social media sites to solicit meeting interest, include a summary of public comments,

suggestions and concerns, and include a narrative description of how those public comments, suggestions and concerns will be addressed in revised project plans, as applicable; and

g.

Proof that the applicant has established an updated webpage or social media page for the project, as well as contact information for a project representative.

G.

Enforcement. The director shall have the power to enforce this section under all remedies available under this Code and to require an applicant to comply with the terms of this section by not deeming a planning entitlement application complete until the applicant submits proof of compliance, as stated in Subsection (F), with the terms of this section. The director shall also have the power to waive strict compliance with the terms of this section, in the event of failure or deviation by an applicant from strict compliance with the terms of this section, if the director finds that granting a waiver of strict compliance with this section will not defeat the stated purpose of this section and will not prejudice the public's right to be apprised of and participate in a community development forum for a project subject to this section. Any person may appeal a director determination under this subsection to the planning commission under Chapter 17.74 of this Code.

(Ord. No. 2018-353, § 1, 5-23-2018)

After acceptance of a complete application, the project shall be reviewed as required by the California Environmental Quality Act (CEQA), and the City of Calabasas CEQA guidelines, to determine whether the proposed project is exempt from the requirements of CEQA or is not a project as defined by CEQA, whether a negative declaration may be issued, or whether an environmental impact report (EIR) must be required. These determinations and, where required, EIRs shall be prepared in accordance with CEQA guidelines.

If the city finds that the significant development impacts identified in Table 6-2 could potentially have a significant impact on the environment a mitigated negative declaration or environmental impact report shall be prepared.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Staff Evaluation. The development review committee and/or department staff shall review all discretionary applications filed in compliance with this chapter to determine whether they comply and are consistent with the provisions of this development code, other applicable provisions of the Municipal Code, and the General Plan, and shall provide a recommendation to the review authority on whether the application should be approved, approved subject to conditions, or disapproved.

B.

Staff Report Preparation. A staff report shall be prepared by the department that describes the conclusions of the development review committee and/or department staff about the proposed land use and any development as to its compliance and consistency with the provisions of this development code, other applicable provisions of the Municipal Code, applicable specific plans, and the General Plan. The staff report shall include recommendations on the approval, approval with conditions, or disapproval of the application, based on the evaluation and consideration of information provided by the applicant and any environmental documents, reports, or studies, if applicable.

C.

Report Distribution. Staff reports shall be furnished to applicants at the same time as they are provided to members of the review authority prior to a hearing on the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Whenever an application or portion of an application has been denied or revoked and the denial or revocation becomes final, any new application for the same or similar request shall not be accepted until after one year of the date of the denial, unless the director finds that the conditions surrounding the application have sufficiently changed to warrant a new application or unless the review authority which denies the permit or application does so without prejudice to a new filing sooner than would otherwise be permitted by this section.

B.

For the purposes of this section, "changed conditions" shall mean any of the following:

1.

A substantial change or improvement has occurred regarding land use(s) on properties in the vicinity;

2.

A substantial change or improvement has occurred regarding infrastructure in the vicinity;

3.

A substantial change or improvement has occurred regarding traffic patterns on surrounding streets and intersections,

4.

A change in General Plan policy or zoning has occurred which affects the subject property and may benefit the proposed project or request, or

5.

Any such similar change has occurred resulting in a changed or improved physical condition warranting reconsideration of the proposal.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.62 - PERMIT APPROVAL OR DISAPPROVAL

This chapter provides standards for the final review, and approval or disapproval of the land use permit applications established by this development code. Procedures and standards for the review and approval of subdivision maps are found in Article IV. Where applicable, the procedures of this chapter are carried out after those described in Chapter 17.60 for each application.

Land uses not listed in this chapter shall be subject to the provisions of Section 17.11.020 E- Applicable Standards and Permit Requirements.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.62.020 - Site plan review.

A.

Purpose. Site plan review is a discretionary land use permit required for certain proposed land uses that involve new construction. The site plan review process is intended to promote comprehensive design and planning for orderly and

compatible development, and ensure that site development, the exterior appearance of structures, landscaping, grading, signs and other improvements are designed to minimize adverse aesthetic and environmental impacts on the site and its surroundings.

B.

Applicability. Site plan review is required for all land uses identified by this title as allowable subject to site plan review, and the following:

1.

New site development, or new construction and additions to existing buildings over five thousand (5,000) square feet in commercial and special purpose zoning districts;

2.

Construction of new residential single-family, multifamily housing, or mixed use residential projects;

3.

Residential home additions to existing legally permitted single-family or multifamily housing or structures, where the cumulative square footage of the addition, plus the square footage(s) of any legally permitted addition(s) accomplished within the previous five-year period, meets or exceeds any of the following thresholds:

a.

Additions of over four hundred (400) square feet to existing legally permitted single-family or multifamily housing or structures where the gross floor area of the addition is twenty (20) percent or greater than the gross floor area of the existing legally permitted home or structures, except in the Old Topanga and Calabasas Highlands Overlay Districts;

b.

Additions over one thousand two hundred (1,200) square feet to existing legally permitted single-family or multifamily housing or structures, except in the Old Topanga and Calabasas Highlands Overlay Districts; or

c.

Additions over two hundred fifty (250) square feet to existing legally permitted single-family housing on properties located in the Old Topanga or Calabasas Highlands Overlay Districts.

4.

New single family homes in the Old Topanga and Calabasas Highlands Overlay Districts except for items for which the director is the review authority pursuant to subsection 17.62.050(C)(2); and

5.

For new site development or construction in the scenic corridor except for items for which the director is the review authority pursuant to subsection 17.62.050(C)(2).

C.

Where used in subsection B above, "residential home addition" means the construction of any new or expanded, fully enclosed structure, on a property with existing, legally permitted, single-family or multifamily housing.

D.

Application Filing and Processing. An application for site plan review shall be filed and processed in compliance with Chapter

17.60.

E.

Project Review, Notice and Hearing. Each site plan review application shall be analyzed to ensure that the proposed development complies with all applicable provisions of this development code. Each application for new structures or site plan modifications shall be reviewed by the commission. The commission shall hold a public hearing in compliance with Chapter 17.78 for all projects requiring site plan review.

F.

Findings, Decision and Conditions. After a public hearing, the review authority shall record the decision and the findings upon which the decision is based. The review authority may approve a site plan review application with or without conditions, if all of the following findings are made:

1.

The proposed project complies with all applicable provisions of this development code;

2.

The proposed project is consistent with the general plan, any applicable specific plan, and any special design theme adopted by the city for the site and vicinity;

3.

The approval of the site plan review is in compliance with the California Environmental Quality Act (CEQA);

4.

The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale, with existing uses, development, signs, structures and landscaping for the surrounding area;

5.

The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features; and

6.

The proposed project is designed to respect and integrate with the existing surrounding natural environment to the maximum extent feasible.

G.

Expiration. A site plan review shall be exercised within one (1) year from the date of approval or the permit shall become void, unless an extension is approved by the director in compliance with Chapter 17.64.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2018-367, § 3, 9-26-2018)

A.

Purpose. A temporary use permit allows short-term activities that might not meet the normal development or use standards of the applicable zoning district, but may be acceptable because of their temporary nature. This section provides a process for reviewing a proposed use to ensure basic public health, safety and welfare standards are met, and approving suitable temporary uses with the minimum necessary conditions or limitations consistent with the temporary nature of the use.

B.

Permitted Temporary Uses and Events. The following temporary uses and events may be permitted, subject to the issuance of a temporary use permit. Uses that do not fall within the categories defined below shall instead comply with the use and development restrictions and permit requirements that otherwise apply to the property.

1.

Construction Yards. Off-site contractors' construction yards in conjunction with an approved construction project.

2.

Location Filming. Location filming is subject to Municipal Code Chapter 5.04.

3.

Seasonal Sales Lots. Christmas tree sales lots or the sale of other seasonal products (e.g., pumpkins), and temporary residence/security trailers. A permit shall not be required when the sales are in conjunction with an established commercial business holding a valid business license, provided the activity does not consume more than fifteen (15) percent of the total parking spaces on the site and does not impair emergency vehicle access.

4.

Special Events. Art and craft fairs, carnivals, circuses, ethnic celebrations, festivals and other similar special events. These may be approved in commercial districts provided that they do not continue for more than five consecutive days.

5.

Temporary Offices and Work Trailers. A trailer, coach or mobilehome as a temporary office facility, or work site for employees of a business (not including temporary construction trailers, see Section 17.02.020(B)):

a.

During construction or remodeling of a permanent commercial or industrial structure when a valid building permit is in force; or

b.

Upon demonstration by the applicant that this temporary facility is a short-term necessity while a permanent facility is being obtained or constructed.

The permit may be granted for up to one year. An extension may be authorized by the commission through conditional use permit approval.

6.

Storage—Temporary portable structures subject to the standards in Section 17.12.220.

7.

Temporary signs and banners pursuant to Section 17.30.080(A).

8.

Similar Temporary Uses. Similar temporary uses which, in the opinion of the director, are compatible with the zoning district and surrounding land uses.

C.

Development Standards. Standards for structure setbacks, heights, floor areas, parking and landscaping areas and other structure and property development standards that apply to the type of use or the zoning district of the site shall be used as

a guide for determining the appropriate development standards for temporary uses. However, the temporary use permit may authorize variation from the specific requirements as may be appropriate.

D.

Application. A temporary use permit application shall be made on a form prescribed by the director and filed with the department. The application shall be accompanied by the following:

1.

Illustrations. Sketches or drawings of sufficient size and clarity to show without further explanation the following: size and location of the property, location of the adjacent street, location and size of all structures on the site, location of structures on adjacent lots, location and number of parking spaces, and location of any temporary fences, signs, or structures to be installed as part of the temporary use;

2.

Statement of Operations. Letter describing the hours of operation, days that the temporary use will be on the site, number of people staffing the use during operation, anticipated number of people using the facility during commercial operation, and other information about the operation of the use that pertains to the impact of the use on the community or on adjacent uses; and

3.

Letters from Abutting Property Owners. For uses proposed to last more than thirty-five (35) consecutive days per calendar year (where listed as allowable uses in the applicable zoning district by Article II) letters signed by the property owners of each lot abutting the site on which the temporary use is proposed to be located. The letters shall acknowledge the proposed use, dates and times of operation, and state the abutting property owner's agreement to the operation of the temporary use as described. Applications for which the applicant is unable to obtain these letters may be converted to a standard conditional use permit where the use is allowed with conditional use permit approval by the applicable zoning district.

E.

Project Review. A temporary use permit may be approved, modified, conditioned or disapproved by the director. At the discretion of the director, a temporary use permit may be referred to the commission for a hearing and decision. A temporary use permit shall be reviewed by the development review committee for recommendations on approval, modification, conditions or disapproval prior to approval by the director or commission.

F.

Findings. The review authority may approve or conditionally approve a temporary use permit application, only if all the following findings are made:

1.

That the establishment, maintenance or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood of the proposed use; and

2.

The use, as described and conditionally approved, will not be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

In making these determinations, the review authority shall take into consideration the short time period of the proposed use.

G.

Conditions of Approval. In approving an application for a temporary use permit, the review authority may impose conditions deemed necessary to ensure that the permit will be in compliance with the findings required by subsection (F) of this section.

H.

Condition of Site Following Temporary Use. Each site occupied by a temporary use shall be cleaned of debris, litter or any other evidence of the temporary use upon completion or removal of the use, and shall thereafter be used in compliance with the provisions of this development code. A bond may be required prior to initiation of the use to ensure cleanup after the use is finished.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.62.040 - Minor use permits.

A.

Purpose. A minor use permit is a discretionary administrative review process that allows for the review and approval of minor use applications as required by this Title.

B.

Applicability. A minor use permit is required for all land uses identified by this Title as allowable subject to minor use permit approval including hobby farms and large farm animals as an accessory use.

C.

Application Filing and Processing. An application for minor use permit shall be filed and processed in compliance with Chapter 17.60 (Application Filing and Processing).

D.

Project Review, Notice and Hearing. Each minor use permit application shall be analyzed to ensure that the proposed use complies with all applicable provisions of this development code. Each application for new structures or site plan modifications shall be reviewed by the director. The director shall hold a public hearing in compliance with Chapter 17.78 (Public Hearings).

E.

Findings, Decision, Conditions. After a public hearing, the director shall record the decision and the findings upon which the decision is based. The director may approve a minor use permit application with or without conditions, if all of the findings are made:

1.

The proposed use is permitted within the applicable zoning district and complies with all applicable provisions of this development code;

2.

The proposed use is consistent with the General Plan, any applicable specific plan, any special design theme adopted by the city for the site and vicinity;

3.

The approval of the minor use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA);

The proposed structures, signs, site development, grading, and/or landscaping related to the proposed use are compatible in design, appearance, and scale, with existing uses, development, signs, structures, and landscaping for the surrounding area;

5.

The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features related to the proposed use; and

6.

The proposed use is designed to respect and integrate with the existing surrounding natural environment to the maximum extent feasible;

F.

Expiration. A minor use permit shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved by the director in compliance with Chapter 17.64.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Purpose. A scenic corridor permit is a discretionary review process that allows for the review and approval of development applications within the -SC (scenic corridor) overlay zoning district (Section 17.18.040),

B.

Applicability. All development within the -SC overlay zoning district shall receive land use permit approval in compliance with this subsection in addition to the permit normally required by the development code, except for:

1.

Interior tenant improvements for residential, commercial, office or industrial projects;

2.

Ministerial projects as defined in Section 15268 of the California CEQA Guidelines and/or the city's CEQA Guidelines;

3.

Where it is determined by the director that the project will not be visible from the designated scenic corridor; and

4.

Where a project is exempt per Section 17.02.020.

C.

Project Review, Notice and Hearing. Each scenic corridor permit application shall be analyzed to ensure that the application is consistent with all applicable provisions of this development code. A public hearing shall be required in compliance with Chapter 17.78.

1.

Scenic Corridor Permit. The commission shall be the review authority for any new construction or site development within the scenic corridor overlay zone except as provided in subsection (C)(2) of this section.

Minor scenic corridor permit. The director shall be the review authority for the following:

a.

Residential Accessory Structures. Residential accessory structures, including decks, gazebos and patio covers, and fences and walls not exceeding six feet in height;

b.

Residential Additions. All ground floor additions to single-family homes and additions above the ground floor not exceeding five hundred (500) square feet;

c.

Signs. Individual, freestanding or wall-mounted signs in compliance with Chapter 17.30; and

d.

Tennis Courts. Tennis courts without night lighting.

D.

Required Findings. Approval of development within an -SC overlay district shall require that the review authority make following findings, in addition to the findings required by a site plan review.

1.

The proposed project design complies with the scenic corridor development guidelines adopted by the council;

2.

The proposed project incorporates design measures to ensure maximum compatibility with and enhancement of the scenic corridor;

3.

The proposed project is within an urban scenic corridor designated by the General Plan, and includes adequate design and landscaping, which serves to enhance and beautify the scenic corridor; or

4.

The proposed project is within a rural or semi-rural scenic corridor designated by the General Plan, and is designed to ensure the continuing preservation of the character of the surrounding area.

5.

The proposed structures, signs, site development, grading, and/or landscaping related to the proposed use are compatible in design, appearance, and scale, with existing uses, development, signs, structures, and landscaping of the surrounding area.

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

A.

Purpose. Conditional use permits are intended to allow for activities and uses that are unique and whose effect on the surrounding environment cannot be determined prior to being proposed for a particular location. At the time of application, a review of the location, design, configuration and potential impact of the proposed use shall be conducted by comparing it to established development standards and design guidelines.

B.

Applicability. Conditional use permit approval is required for all land uses identified by Article II as allowable subject to conditional use permit approval.

C.

Application Filing and Processing. An application for a conditional use permit shall be filed and processed in compliance with Chapter 17.60.

D.

Project Review, Notice and Hearing. Each conditional use permit application shall be analyzed to ensure that the application is consistent with all applicable provisions of this development code. Each application shall be reviewed by the director, who shall make a recommendation to the commission. The commission shall hold a public hearing in compliance with Chapter 17.78, and may approve or disapprove the conditional use permit in compliance with this section.

E.

Findings, Decision and Conditions. Following a public hearing, the commission shall record the decision and the findings upon which the decision is based. The commission may approve a conditional use permit application with or without conditions, if all of the following findings are made:

1.

The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this development code;

2.

The proposed use is consistent with the General Plan and any applicable specific plan or master plan;

3.

The approval of the conditional use permit for the proposed use is in compliance with the California Environmental Quality Act (CEQA); and

4.

The location and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity.

F.

Expiration. A conditional use permit shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved by the director in compliance with Chapter 17.64.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Purpose and Applicability. The purpose of a development plan permit is to permit greater flexibility and creativity in order to allow land uses and development that is superior to those attainable under existing zoning district standards. Development plan approval is required for the following: (i) all development proposed on a site that is subject to a development plan DP overlay zoning district, (ii) all development proposed within the PD zoning district, (iii) to establish setbacks for projects in the PF, REC and OS zoning districts, (iv) to modify the standards for multi-family projects pursuant to Section 17.12.145, (v) to

increase the allowed height in the CR zones, (vi) to establish a parcel width and depth less than required by Section 17.46.070 and (vii) subdivisions that propose a cluster development project pursuant to 17.18.030(F). Development plans may also be utilized to modify development standards as set forth in this Title.

B.

Application Filing and Processing. An application for a development plan shall be filed and processed in compliance with Chapter 17.60.

C.

Project Review, Notice and Hearing. Each development plan application shall be analyzed to ensure that the application is consistent with all applicable provisions of this development code. Each application shall be reviewed by the development review committee and the director, who shall make a recommendation to the commission. The commission shall hold a public hearing in compliance with Chapter 17.78, and shall make a recommendation to the council. The council may approve or disapprove a development plan in compliance with this section.

D.

Findings, Decision and Conditions. Following a public hearing, the council shall record the decision and the findings upon which the decision is based. The council may approve a development plan application with or without conditions, if all of the following findings are made:

1.

The proposed use is conditionally permitted within the subject zoning district and complies with all of the applicable provisions of this development code;

2.

The proposed use is consistent with the General Plan and any applicable specific plan or master plan;

3.

The approval of the development plan for the proposed use is in compliance with the California Environmental Quality Act (CEQA); and

4.

The location, design, scale and operating characteristics of the proposed use are compatible with the existing and anticipated future land uses in the vicinity.

E.

Expiration. A development plan shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved by the director in compliance with Chapter 17.64.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Purpose. The provisions of this section allow for variance from the development standards of this development code only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and in identical zoning districts.

B.

Applicability. The commission may grant a variance from the requirements of this development code governing only the following development standards:

1.

Dimensional standards (i.e., distance between structures, parcel area, site coverage, landscape and paving requirements, parcel dimensions, setbacks, and structure heights);

2.

Sign regulations (other than prohibited signs); and

3.

Number and dimensions of parking areas, loading spaces, landscaping or lighting requirements, except as otherwise provided in this development code. A variance may be granted for a reduction in the number of parking spaces greater than the reduction allowed pursuant to Section 17.28.50.

Variances shall not be issued to allow deviations from allowed land uses, or residential density regulations.

C.

Application Requirements. An application for a variance shall be filed in compliance with Section 17.60.030. It is the responsibility of the applicant to provide evidence in support of the findings required by subsection (E) of this section.

D.

Project Review, Notice and Hearing. Each variance application shall be analyzed to ensure that the application is consistent with the purpose and intent of this section. The director shall make a recommendation to the commission, which shall hold a public hearing in compliance with Chapter 17.78.

E.

Findings and Decision. Following a public hearing, the commission may approve, approve subject to conditions, or disapprove the variance, and shall record the decision in writing with the findings upon which the decision is based, in compliance with state law (Government Code Section 65906). The commission may approve an application, with or without conditions, only if all of the following findings are made:

1.

That there are special circumstances applicable to the property which do not generally apply to other properties in the same zoning district (i.e., size, shape, topography, location or surroundings), such that the strict application of this chapter denies the property owner privileges enjoyed by other property owners in the vicinity and in identical zoning districts;

2.

That granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought;

3.

That granting the variance would not constitute the granting of a special privilege inconsistent with the limitations of other properties in the same zoning district.

That granting the variance will not be detrimental to the public health, safety or welfare, or injurious to property or improvements in the vicinity and zoning district in which the property is located; and

5.

That granting the variance is consistent with the General Plan and any applicable specific plan.

F.

Conditions. Any variance granted shall be subject to conditions that will ensure that the variance does not grant special privilege(s) inconsistent with the limitations upon other properties in the vicinity and same zoning district.

G.

Expiration. A variance shall be exercised within one year from the date of approval, or the variance shall become void, unless an extension is approved by the director in compliance with Chapter 17.64.

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

A.

Purpose. Administrative plan review is a discretionary land use permit required for certain proposed land uses that involve new construction. The administrative plan review process is intended to promote comprehensive design and planning for orderly and compatible development, and ensure that site development, the exterior appearance of structures, landscaping, grading, signs and other improvements are designed to minimize adverse aesthetic and environmental impacts on the site and its surroundings.

B.

Applicability. Administrative plan review is required for all land uses identified by this title as allowable subject to administrative plan review including the following:

1.

Construction in residential zoning districts as provided below, unless located in a scenic corridor;

a.

Residential home additions to existing legally permitted single-family or multifamily housing or structures, where the cumulative square footage of the addition, plus the square footage(s) of any legally permitted addition(s) accomplished within the previous five-year period, meets or exceeds any of the following thresholds:

(1)

Additions of up to four hundred (400) square feet to existing legally permitted single-family or multifamily housing or structures where the gross floor area of the addition is twenty (20) percent or greater than the gross floor area of the existing legally permitted home or structures, except in the Old Topanga and Calabasas Highlands Overlay Districts;

(2)

Additions of over four hundred (400) square feet, and up to a maximum of one thousand two hundred (1,200) square feet, to existing legally permitted single-family or multifamily housing or structures where the gross floor area of the addition is less than twenty (20) percent of the gross floor area of the existing legally permitted home or structures, except in the Old Topanga and Calabasas Highlands Overlay Districts;

(3)

Additions of two hundred fifty (250) square feet or less to existing legally permitted single-family homes or structures on properties located in the Old Topanga or Calabasas Highlands Overlay Districts.

b.

Where used in subsection (B)(1)(a) above, "residential home addition" means the construction of any new or expanded, fully enclosed structure, on a property with existing legally permitted single-family or multifamily housing.

2.

Exterior modifications to buildings or site plans in non-residential zones;

3.

Fences in all zoning districts except residential zoning districts. Fences for residential properties located in the scenic corridor overlay district shall require a minor scenic corridor permit;

4.

Flags higher than the height of a building;

5.

Pole mounted flags in the RS, RC, RR and OS zones;

6.

Pool and spa with reduced setback from rear of side property line adjacent to dedicated open space (subsection 17.12.165(H)(5));

7.

Satellite antenna larger than one (1) meter unless located in the scenic corridor overlay district;

8.

Reverse vending machines (up to five (5) machines); and

9.

Tennis and other recreational fencing over six (6) feet in height.

C.

Application Filing and Processing. An application for administrative plan review shall be filed and processed in compliance with Chapter 17.60.

D.

Project Review, Notice, and Hearing. An administrative plan review may be approved, modified, conditioned or disapproved by the director. Each administrative plan review application shall be analyzed to ensure that the proposed project complies with all applicable provisions of this development code. The director shall hold a public hearing in compliance with Chapter 17.78.

At the discretion of the director, an administrative plan review application may instead be referred to the commission for a hearing and decision in compliance with this section.

E.

Findings, Decision and Conditions. The review authority shall record the decision and the findings upon which the decision is based. The review authority may approve an administrative plan review application with or without conditions, if all of the following findings are made:

1.

The proposed project complies with all applicable provisions of this development code;

2.

The proposed project is consistent with the General Plan, any applicable specific plan, and any special design theme adopted by the city for the site and vicinity;

3.

The approval of the administrative plan review is in compliance with the California Environmental Quality Act (CEQA);

4.

The proposed structures, signs, site development, grading and/or landscaping are compatible in design, appearance and scale, with existing uses, development, signs, structures and landscaping for the surrounding area;

5.

The site is adequate in size and shape to accommodate the proposed structures, yards, walls, fences, parking, landscaping, and other development features; and

6.

The proposed project is designed to respect and integrate with the existing surrounding natural environment to the maximum extent feasible.

F.

Expiration. An administrative plan review shall be exercised within one year from the date of approval or the permit shall become void, unless an extension is approved by the director in compliance with Chapter 17.64.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012; Ord. No. 2018-367, § 4, 9-26-2018)

17.62.100 - Home occupation permit.

A.

Purpose. A home occupation permit is established to allow home occupations to exist, provided the residential character of residential neighborhoods is maintained and provided safeguards are established to prevent the use of home occupations from transforming the use of a residence into a commercial use or a residential neighborhood into a commercial one.

B.

Project Review. An application for a home occupation permit must be submitted to the city on forms supplied by the department. The applicant must provide information required by the application and any additional information requested by the city to assist in the review of the permit request.

C.

Decision. The director shall issue the home occupation permit after determining that the request complies with Section 17.12.115 and all other Code provisions applicable to the proposed use.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.62.110 - Zoning clearance.

A.

Purpose. Zoning clearance is the procedure used by the city to verify that a proposed structure or land use complies with (i) the permitted list of activities allowed in the applicable zoning district, and (ii) the development standards applicable to the type of use. Where Article II requires zoning clearance as a prerequisite to establishing a land use, the director shall evaluate the proposed use to determine whether the clearance may be granted in compliance with this section.

B.

Applicability. A zoning clearance shall be required at the time of department review of any building, grading or other construction permit, or other authorization required by this development code for the proposed use. Where no other authorization is required, a request for zoning clearance shall be filed with and as required by the department.

C.

Criteria for Clearance. The director shall issue the zoning clearance after determining that the request complies with all development code provisions applicable to the proposed project.

D.

A zoning clearance is not required for projects that have been approved under another permit process identified in this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.64 - PERMIT IMPLEMENTATION, TIME LIMITS AND EXTENSIONS

The following provisions outline requirements for the implementation or exercising of the permits required by this development code, including time limits, and procedures for extensions of time. Time limits and extension criteria for tentative maps are found in Article IV, beginning with Section 17.41.300.

(Ord. No. 2010-265, § 3, 1-27-2010)

The land use permits established by this article shall become effective on the eleventh day following the date of application approval by the appropriate review authority, provided that no appeal of the review authority's action has been filed in compliance with Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

Any permit application deemed approved in compliance with Government Code Section 65956 shall be subject to all applicable provisions of this development code, which shall be satisfied by the applicant before any construction permit is issued, or a land use not requiring a construction permit is established.

(Ord. No. 2010-265, § 3, 1-27-2010)

A permit applicant may be required by conditions of approval or by action of the director to provide adequate security to guarantee the faithful performance and proper completion of any approved work, and/or compliance with conditions of approval imposed by the review authority. The provisions of this section apply to performance guarantees for projects

authorized by any of the land use permits covered by this article. Requirements for performance guarantees for subdivision improvements are instead provided by Section 17.48.040.

A.

Form and Amount of Security. The required security shall be in the form of a cash deposit, cashier's check or certified check deposited with the city's finance department. Where approved by the director, a certificate of deposit or letter of credit may be used, with the city named as beneficiary, where the security pledges that funds necessary to complete permitted work are on deposit and guaranteed for payment to the city when required by the city. The amount and form of security shall be as determined by the director. The amount of security shall be sufficient to ensure proper completion of the work and/or compliance with conditions of approval.

B.

Security for Maintenance. In addition to any improvement security required to guarantee proper completion of work, the director may require security for maintenance of the work, in an amount determined by the director to be sufficient to ensure the proper maintenance and functioning of improvements.

C.

Duration of Security. Unless otherwise specified in the permit, required improvement security shall remain in effect until final inspections have been made and all work has been accepted by the director. Unless otherwise specified in the permit, maintenance security shall remain in effect for one year after the date of final inspection. Security for oak tree monitoring shall comply with the provisions of Chapter 17.32.

D.

Release or Forfeit of Security. Upon satisfactory completion of work and the approval of a final inspection (or after the end of the required time for maintenance security), the improvement and/or maintenance security shall be released. However, upon (i) failure to complete the work, (ii) failure to comply with all of the terms of any applicable permit, or (iii) failure of the completed improvements to function properly, the city may do the required work or cause it to be done, and collect from the permittee or surety all the costs incurred by the city, including the costs of the work, and all administrative and inspection costs. Any unused portion of the deposit shall be refunded to the permittee after deduction of the cost of the work by the city.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Time Limits. Unless conditions of approval or other provisions of this development code establish a different time limit, any permit or entitlement not exercised within one year of approval shall expire and become void. A permit shall not be deemed exercised until the permittee has obtained a building permit and performed substantial construction, commenced construction, or has commenced the permitted use on the subject property in compliance with the conditions of approval provided, however, that if a permittee has taken all actions necessary to obtain a building permit and such a permit has not issued solely due to the requirements of Sections 17.18.020(E), 17.18.025 (E) or Section 17.18.050(B) of this title, then the expiry of the permit shall be tolled from the date the permittee takes the last action on necessary to obtain a building permit to the date that a permit issues.

B.

Extensions of Time. Upon request by the applicant, the director may extend the time for an approved permit to be exercised. The applicant shall file a written request for an extension of time with the department at least ten (10) days before the expiration of the permit, together with the filing fee required by the city fee resolution. The director shall then determine whether the permittee has attempted to comply with the conditions of the permit. The burden of proof is on the permittee to

establish with substantial evidence that the permit should not expire. If the director determines that the permittee has proceeded in good faith and has exercised due diligence in complying with the conditions in a timely manner, the director may renew the permit for an additional one year from the date of the decision.

C.

Hearing on Expiration. At the request of the applicant, the director may hold a hearing on any proposed expiration of a permit, in compliance with Chapter 17.78.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2010-267, § 6, 2-10-2010)

Development or a new land use authorized through an entitlement granted in compliance with this chapter shall be established only as approved by the review authority and subject to any conditions of approval, except where changes to the project are approved in compliance with this section. An applicant shall request desired changes in writing, and shall also furnish appropriate supporting materials and an explanation of the reasons for the request. Changes may be requested either before or after construction or establishment and operation of the approved use.

A.

The director may authorize changes to an approved site plan, architecture or the nature of the approved use if the changes:

1.

Are consistent with all applicable provisions of this chapter;

2.

Do not involve a feature of the project that was specifically addressed or was a basis for findings in a negative declaration or environmental impact report for the project;

3.

Do not involve a feature of the project that was specifically addressed or was a basis for conditions of approval for the project or that was a specific consideration by the review authority in the approval of the permit;

4.

Do not result in a significant expansion of the use; and

5.

Are generally consistent with the intent of the original approval.

B.

Changes to the project involving features described in subsections (A)(2) and (3) of this section shall only be approved by the review authority through a new permit application processed in compliance with this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

A conditional use permit granted in compliance with Chapter 17.62 shall continue to be valid upon a change of ownership of the site, business, service, use or structure that was the subject of the permit application.

B.

Change in Ownership. In the event there is a change in either the owner or operator of a site with a conditional permit, the issuance of a new conditional use permit shall not be required. The new owner or operator shall (i) notify the city of the change in identity of the owner or operator within fifteen (15) days after the date the change becomes effective, (ii) register such change with the director by providing the name and business address of the new owner or operator, and (iii) verify in writing that the new owner or operator has fully reviewed the conditional use permit and is familiar with its terms. Upon receipt of notification of a change in the owner or operator of a conditional use permit, the city may inspect the property to make certain that the new owner or operator is complying with all the terms and conditions of the conditional use permit. The new owner/operator shall agree in writing to all applicable conditions and operating standards prior to re-opening/use under the new ownership.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.66 - Specific Plans

When required by the General Plan, this development code, or by state law to systematically implement the General Plan for any part of the city, a specific plan shall be prepared, processed, approved or disapproved, and implemented in compliance with this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

Before preparing a draft specific plan in compliance with this chapter, the applicant shall contact the director to request a pre-application conference with the development review committee. The purpose of the meeting shall be for the committee (i) to review with the applicant the requirements of this chapter, the General Plan, this development code, and/or state law which trigger the need to prepare a the specific plan, (ii) to discuss issues associated with the specific plan area that must be addressed by the proposed plan, and (iii) to respond to questions from the applicant about the plan preparation and processing implementation issues if it is approved. The director shall convene the committee to meet with the applicant at a mutually acceptable time.

(Ord. No. 2010-265, § 3, 1-27-2010)

An applicant shall prepare a draft specific plan for review by the city that includes the following detailed information in the form of text and diagrams, organized in accordance with department requirements:

A.

Proposed Land Uses. The distribution, location and extent of land uses proposed within the area covered by the plan, including open space areas;

B.

Infrastructure. The proposed distribution, location, extent and intensity of major components of public and private infrastructure needed to support the proposed land uses, including such facilities related to transportation, sewage, water, drainage, solid waste disposal, energy and other essential facilities to be located within the specific plan area;

C.

Land Use and Development Standards. Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

D.

Implementation Measures. A program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the proposed land uses, infrastructure and development and conservation standards and criteria;

E.

Relationship to General Plan. A statement of the relationship of the specific plan to the General Plan;

F.

Additional Information. The specific plan shall contain any additional information determined to be necessary by the director because of the characteristics of the area to be covered by the plan, applicable policies of the General Plan, or any other issue determined by the director to be significant.

(Ord. No. 2010-265, § 3, 1-27-2010)

A draft specific plan shall be filed with the department, and shall be accompanied by the fee required by the city fee resolution. The draft plan shall be processed in the same manner as required for General Plans by Government Code Sections 65350 et seq., and as follows:

A.

Development Review Committee Evaluation. After the filing of a draft specific plan, the development review committee shall review the draft specific plan to determine whether it conforms with the provisions of this section. If the draft plan is not in compliance, it shall immediately be returned to the applicant with a written explanation as to why it does not comply, and with suggested revisions to ensure compliance. When a draft plan is returned by the applicant to the department and the committee determines it is complete and in compliance with this section, the plan shall be deemed to be accepted for processing.

B.

Environmental Review. The draft specific plan shall be subject to environmental review as specified in Section 17.60.060.

C.

Staff Report. A staff report shall be prepared for the draft specific plan in compliance with Section 17.60.070 which shall include detailed recommendations for changes to the text and diagrams of the specific plan to make it acceptable for adoption.

D.

Public Hearings. A proposed specific plan shall be subject to public hearings before both the commission and council before its adoption, as follows:

1.

Commission. The director shall schedule a public hearing on the proposed specific plan after completion of a staff report and any required environmental documents, but not before the expiration of any public review periods for environmental documents required by CEQA. The hearing shall receive public notice and be conducted in compliance with Chapter 17.78. After the hearing, the commission shall forward a written recommendation to the council.

2.

Council. After receipt of the commission recommendation, a public hearing on the specific plan shall be scheduled. The hearing shall be noticed and conducted in compliance with Chapter 17.78. After the hearing, the council may adopt the specific plan, may disapprove the plan, or may adopt the plan with changes, provided that any changes to the plan that were not considered by the commission shall be referred to the commission for its recommendation. Failure of the commission to report within forty-five (45) days after the referral, or any longer period set by the council shall be deemed a recommendation for the approval of the changes.

(Ord. No. 2010-265, § 3, 1-27-2010)

The adoption of a proposed specific plan is entirely at the discretion of the council. The council shall adopt a specific plan only if it first determines that the plan:

A.

Is consistent with the General Plan; and

B.

Will not have a significant effect on the environment, or is subject to the overriding findings specified in the city's CEQA Guidelines.

The specific plan shall be adopted by ordinance, or by resolution of the council.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Development within Specific Plan Area. After the adoption of a specific plan, no public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no amendment to this development code may be adopted within an area covered by a specific plan unless it is consistent with that specific plan. The council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with Government Code Section 65456.

B.

Amendments. An adopted specific plan may be amended through the same procedure specified by this chapter for the adoption of a specific plan.

(Ord. No. 2010-265, § 3, 1-27-2010)