§ 17.62

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