§ 17.60

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)