Chapter 17.68 — DEVELOPMENT AGREEMENTS

This chapter outlines the procedures and requirements for the review and approval of development agreements. The provisions of this chapter are fully consistent with the provisions of state law governing development agreements (Article 2.5 of Section 4 of Division 1 of Title 7, commencing with Section 65864 of the California Government Code).

(Ord. No. 2010-265, § 3, 1-27-2010)

17.68.020 - Application.

A.

Filing. Any owner of real property may request and apply through the director to enter into a development agreement provided the following are met:

1.

The status of the applicant as the owner or long-term lessee of the property is established to the satisfaction of the director; and

2.

The application is made on forms approved, and contains all information required, by the director.

B.

Processing. The director is empowered to receive, review, process and prepare, together with recommendations for commission and council consideration, all applications for development agreements.

C.

Fees. Processing fees shall be collected for any application for a development agreement made in compliance with the provisions of this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Commission Review. Upon finding the application for a development agreement complete, the director shall set the application, together with staff recommendations, for a public hearing before the commission in compliance with Chapter 17.78. Following conclusion of the public hearing, the commission shall make a written recommendation to the council.

B.

Council Consideration. Upon receipt of the commission's recommendation, the city clerk shall set the application and written report for public hearing before the council in compliance with Chapter 17.78. Following conclusion of the public hearing, the council shall approve, conditionally approve or disapprove the application.

C.

Council Action. Should the council approve or conditionally approve the application, it shall as a part of its action direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved, and an ordinance authorizing execution of the development agreement by the city manager.

D.

Ordinance Content. The ordinance shall contain findings that the development agreement is consistent with this chapter, the General Plan, and any applicable specific plans.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Mandatory Contents. All development agreements shall contain the following provisions:

Duration of the agreement;

2.

Permitted uses for the subject property;

3.

Density or intensity of the permitted uses;

4.

Approved site plans, elevations, floor plans and sections;

5.

Provisions, if any, for reservation or dedication of land for public purposes;

6.

Protection from either a future growth control ordinance or a future increase in development impact fees;

7.

A tiered amendment review procedure that may incorporate the following:

a.

Director sign-off for minor modifications to the development project, with specific criteria for the minor modifications, and

b.

Approval of major modifications to the development project by the council;

8.

Provisions which would necessitate a reconsideration or amendment of the a development agreement when there is a discovery of health and safety issues of compelling public necessity (i.e., a new environmental health hazard is discovered).

B.

Permissive Contents. A development agreement may include the following at the option of the council:

1.

Conditions, terms, restrictions and requirements for subsequent discretionary actions, provided that these provisions shall not prevent development of the land in the manner specified in the agreement;

2.

Provisions which require that construction shall be commenced within a specified time and that the project or any single phase, be completed within a specified time;

3.

Terms and conditions relating to applicant financing of necessary public improvements and facilities, including applicant participation in benefit assessment proceedings; and

Any other terms, conditions and requirements as the council may deem necessary and proper, including, a requirement for ensuring, to the satisfaction of the city, performance of all provisions of the agreement in a timely fashion by the applicant/contracting party.

C.

Construction and Interpretation. In defining the provisions of any development agreement executed in compliance with this chapter, each provision shall be consistent with the language of this chapter, state law (Article 2.5 of the California Government Code, cited above), and the agreement itself. Should any discrepancies between the meaning of these documents arise, reference shall be made to the following documents, and in the following order:

1.

The plain terms of the development agreement itself;

2.

The provisions of state law (Government Code Sections 65864 et seq., cited above); and

3.

The provisions of this section.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.68.050 - Execution and recordation.

A.

Effective Date. The city shall execute development agreements on or after the effective date of the ordinance approving the agreement.

B.

Recordation. A development agreement shall be recorded in the office of the Los Angeles County recorder no later than ten (10) days after it is executed.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.68.060 - Periodic review.

A.

Review Required. Every development agreement approved and executed in compliance with this section shall be subject to periodic city review during the full term of the agreement. Appropriate fees to cover the city's costs to conduct the periodic reviews shall be collected from the applicant in compliance with Section 17.60.040.

B.

Purpose of Review. The purpose of the periodic review shall be to determine whether the applicant or its successor-ininterest has complied in good faith with the terms of the development agreement. The burden of proof shall be on the applicant or its successor to demonstrate compliance to the full satisfaction of, and in a manner prescribed by, the city.

C.

Action Based on Noncompliance. If, as a result of periodic review the council finds and determines, on the basis of substantial evidence, that the applicant or its successor-in-interest has not complied in good faith with the terms or conditions of the agreement, the council may order, after a noticed public hearing, that the agreement be terminated or modified.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Applicable Regulations. Unless otherwise provided by the development agreement itself, the rules, regulations and official policies governing permitted uses of the land, density and design, improvement and construction standards and specifications, applicable to development of the property subject to a development agreement, are the rules, regulations and official policies in force at the time of execution of the agreement.

B.

Additional Requirements. A development agreement does not prevent the city, in subsequent actions, from applying new rules, regulations and policies that do not conflict with those applicable to the property, nor does a development agreement prevent the city from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Changes to Approved Development. If any development agreement is amended during its term, any change in the overall intensity of development or revisions to approved land uses shall be consistent with the provisions of the General Plan. In any case where state law requires a finding of consistency with the General Plan in order to approve an amendment to a development agreement, the provisions of the amendment shall be made consistent with the General Plan.

B.

Extension of Agreement. If the term of a development agreement is extended, any development that occurs after the original expiration date shall be consistent with the provisions of the General Plan as of the adoption date of the amended development agreement.

(Ord. No. 2010-265, § 3, 1-27-2010)

Article VI. - Development Code Administration Chapter 17.70 - ADMINISTRATIVE RESPONSIBILITY

This chapter describes the authority and responsibilities of city staff and official bodies in the administration of this development code, in addition to the council.

(Ord. No. 2010-265, § 3, 1-27-2010)

The functions of a planning agency shall be performed by the Calabasas city council, planning commission and community development department, in compliance with Government Code Section 65100.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Appointment. The director shall be appointed by the city manager.

B.

Duties and Authority. The director shall:

1.

Head and manage the department;

2.

Have the responsibility to perform all the functions designated by Government Code Section 65103;

3.

Perform the duties and functions prescribed in this development code, including, the review of development projects, and making similar use determinations and code interpretations, in compliance with this development code and the California Environmental Quality Act (CEQA);

4.

Make determinations regarding consistency with all indicated standards and guidelines in this development code.

5.

Perform any other responsibilities assigned by the city manager or council.

Except where otherwise provided by this development code, the responsibilities of the director may also be carried out by department employees under the supervision of the director.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.70.040 - Development review committee (DRC).

A.

Membership. The DRC shall consist of the following members:

1.

The director or designee, who shall serve as the chair and secretary; and

2.

Other city department directors or their designees (public works, fire, police, etc.) as needed.

B.

Duties and Authority. The duties and responsibilities of the DRC shall be to review discretionary development/improvement proposals, provide applicants with appropriate design comments, and make recommendations to the director, or the Commission, as provided by this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

The Calabasas architectural review panel (ARP) is established, and assigned duties and authorities by Chapter 2.40 (architectural review panel) of the Municipal Code.

(Ord. No. 2010-265, § 3, 1-27-2010)

The Calabasas planning commission is established, and assigned duties and authorities by Chapter 2.28 of the Municipal Code.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.72 - NONCONFORMING STRUCTURES, USES AND LOTS

This chapter establishes uniform provisions for the regulation of nonconforming structures, land uses and lots. Within the zoning districts established by title, there exist structures, land uses and lots that were lawful prior to the adoption, or amendment of this development code, but which would be prohibited, or regulated or restricted differently under the terms of this development code or future amendments. It is the intent of this development code to discourage the long-term continuance of these nonconformities, but to permit them to exist under limited conditions.

(Ord. No. 2010-265, § 3, 1-27-2010)

Nonconformities may be continued subject to the following provisions, except as otherwise provided by Section 17.72.030.

A.

Nonconforming Uses. A use, lawfully occupying a structure or a site on the effective date of this chapter or of amendments thereto, that does not conform with the use regulation for the applicable zoning district shall be deemed to be a

nonconforming use and may be continued, except as otherwise provided in this article. A site that does not conform with parking, loading, landscaping, or sign regulations of the applicable zoning district shall not be deemed a nonconforming use solely because of one of more of these nonconformities. A nonconforming use of land or within a structure may be continued, transferred or sold, provided that:

1.

The use shall not be expanded or intensified without complying with all applicable provisions of this development code;

2.

The use shall not be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use without complying with all applicable provisions of this development code; and

3.

No additional uses are established on the site unless the nonconforming use is first discontinued, and any replacement use complies with all applicable provisions of this development code.

B.

Nonconforming Structures. A nonconforming structure may continue to be used as follows:

1.

Alterations and Additions to Structures. A building or structure that does not conform to the standards of the applicable zoning district may be structurally altered or enlarged, upon approval of any applicable permit, as follows:

a.

The alteration or addition shall not increase the discrepancy between the existing conditions and the current development standards including site coverage, pervious surface, setbacks, and height.

b.

A nonconforming setback may be continued provided the alteration or addition is an extension of that portion of the existing structure that encroaches into a required setback; provided, however, the alteration or addition shall not (i) extend into the required setback farther than the existing portion of the structure that encroaches into the required setback, (ii) have an area greater than fifty (50) percent of the area of the existing portion of the structure that encroaches into the required setback or (iii) exceed fifty (50) percent of the length or the existing structure that encroaches into the required setback. This provision may only be utilized once on a property. Future alterations or additions may not encroach into the required setback.

c.

New construction on the second or third floors shall conform to the setback of the applicable zoning district except as provided in subsection b. above.

d.

A reconstruction or alteration of a nonconforming accessory structure that are not considered part of the floor area of the main structure, such as attached or detached patio covers, may be remodeled or reconstructed utilizing the existing setback if the new structure has no greater floor area than existed before the reconstruction or alteration. For those structures without floor area, such as covered patios, the floor areas shall mean that area occupied by the structure. Measurement of this area shall be from post or other vertical support and shall not include any overhangs or projections.

e.

Structures that are to be remodeled or renovated such that fifty (50) percent or greater of any existing exterior walls or existing square footage is demolished or removed within a two-year period, shall conform to all current development standards for that district.

2.

Maintenance and Repair. A nonconforming structure may undergo normal maintenance and repairs provided no structural alterations are made involving the removal and reconstruction of fifty (50) percent or more of the non-conforming structure (exception: see subsection (B)(3), following); and

3.

Seismic Retrofitting. Reconstruction required to reinforce unreinforced masonry structures shall be permitted without cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.

C.

Nonconforming Use of a Conforming Structure. The nonconforming use of a building that otherwise conforms with all applicable provisions of this chapter may be continued, transferred and sold, as follows:

1.

Expansion of Use. The nonconforming use of a portion of a structure may be extended throughout the building with conditional use permit approval.

2.

Substitution of Use. The nonconforming use of a structure may be changed to a use of the same or more restricted nature, with conditional use permit approval.

D.

Conforming Use of a Nonconforming Structure. A new use may occupy a non-conforming structure pursuant to the requirements herein for use permits. Structural alterations to a nonconforming structure shall be permitted when necessary to comply with the requirements of law, or to accommodate a conforming use when such alterations do not increase the degree of nonconformance.

E.

Destroyed Structure. The reconstruction of a structure damaged by fire or calamity, which at the time was devoted to a nonconforming use may be authorized by the site plan permit approval, provided that an application shall be submitted within twelve (12) months and reconstruction shall commence no later than twenty-four (24) months after the date of the damage, and the reconstructed building shall have no greater floor area than the one destroyed.

(Ord. No. 2010-265, § 3, 1-27-2010)

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of one year, it shall be presumed that the use has been abandoned. Without further action by the city, further use of the site or structure shall comply with all the regulations of the applicable zoning district and all other applicable provisions of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

Requirements for nonconforming signs are provided by Sections 17.30.090, 17.30.100 and 17.30.110.

(Ord. No. 2010-265, § 3, 1-27-2010)

A nonconforming lot of record that does not comply with the access, area or width requirements of this development code for the zoning district in which it is located, shall be considered to be a legal building site if it meets one of the criteria specified by this section. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following.

A.

Approved Subdivision. The lot was created through a subdivision approved by the county of Los Angeles or the city.

B.

Individual Lot Legally Created by Deed. The lot is under one ownership and of record, and was legally created by a recorded deed prior to the effective date of the zoning amendment that made the parcel nonconforming.

C.

Variance or Lot Line Adjustment. The lot was approved through the variance procedure (Section 17.62.080) or resulted from a lot line adjustment as provided in the Article IV.

D.

Partial Government Acquisition. The lot was created in conformity with the provisions of this development code, but was made nonconforming when a portion of the lot was acquired by a governmental entity so that the lot size is decreased not more than twenty (20) percent and the yard facing any road was decreased not more than fifty (50) percent.

Where structures have been erected on a nonconforming lot, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other

applicable provisions of this development code, or in any way that makes the use of the parcel more nonconforming.

(Ord. No. 2010-265, § 3, 1-27-2010)

Large farm animals in excess of the number allowed in Section 17.12.040 may be continued on a property if the property is sold or otherwise transferred, provided that the number of large farm animals shall not be expanded or intensified without complying with all applicable provisions of this development code.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.74 - APPEALS AND CALLS FOR REVIEW

Determinations or actions of the director or commission may be appealed or called for review as provided by this chapter.

(Ord. No. 2010-265, § 3, 1-27-2010)

Determinations and actions that may be appealed or called for review, and the authority to act upon an appeal or called for review shall be as follows:

A.

Code Administration and Interpretation. The following actions of the director and department staff may be appealed to or called for review by the commission and then appealed to or called for review by the council:

1.

Determinations of the meaning or applicability of the provisions of this development code that are believed to be in error, and cannot be resolved with staff;

2.

Any determination pursuant to Government Code 65943 that a permit application or information submitted with the application is incomplete; and

B.

Land Use Permit and Hearing Decisions. Decisions of the director on applications including zoning clearances, sign permits, administrative plan reviews, minor scenic corridor permits, lot line adjustments, and minor use permits may be appealed to, or called for review to the commission. Decisions by the commission may be appealed to, or called for review, the council.

C.

Notwithstanding any provision in this chapter and in the remainder of Title 17 of the Calabasas Municipal Code to the contrary, a determination of the director or department staff that a violation of the development code exists pursuant to Section 17.80.020 is not appealable to the commission or to the council, nor is it subject to a call for review. When an action or application for a land use permit occurs in connection with the abatement of a violation of the development code, any appeal or call for review pursuant to subsections A or B above, shall not stay or otherwise affect the city's exercise of the remedies set forth in Section 17.80.050.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Appeals.

1.

Unless another provision of this development code specifies otherwise, for any order, requirement, decision, determination, interpretation or ruling described in subsection A. of Section 17.74.020, appeals may be initiated by (i) any person who sought a determination of the meaning or applicability of a provision of the development code; or (ii) any person who filed an application which city determines is incomplete pursuant to Government Code section 65943.

2.

Unless another provision of this development code specifies otherwise, for decisions described in subsection B. of Section 17.74.020, appeals may be initiated by (i) the applicant; (ii) an owner of real property, any part of which is located within five hundred (500) feet of the external boundaries of the subject property; or (iii) any person who, in person or through a representative explicitly identified as such, presented written or oral testimony to the director or commission at a public hearing for the subject approval.

B.

Calls for Review. As an additional safeguard to avoid results inconsistent with the purposes of this Code, any order, requirement, decision, determination, interpretation or ruling of the director may be called up for commission review upon written request by two (2) members of the commission and any order, requirement, decision, determination, interpretation or ruling of the commission may be called up for council review upon written request by any two (2) members of the council.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2016-334, § 2, 4-13-2016)

A.

Filing of Appeals. A notice of appeal shall be in writing and shall be filed in duplicate in the office of the city clerk upon forms provided by the city. An appeal from any order, requirement, decision, determination, or interpretation by the commission or director in the administration of the provisions of this title must set forth specifically the error or abuse of discretion claimed by the appellant or how an application did meet or fail to meet, as the case may be, the standards of this title.

B.

Initiation of a Call for Review. A call for review may be initiated by any two (2) members of the commission or any two (2) members of the city council and shall be filed in writing with the city clerk.

C.

Effect on Decisions. Decisions that are appealed or called up for review shall not become effective until the appeal or review is resolved.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2016-334, § 3, 4-13-2016)

17.74.050 - Processing of appeals.

A.

Action and Findings.

When reviewing a decision on a land use permit, the appeal body may adopt additional conditions of approval that may address other issues or concerns than the subject of the appeal.

2.

A decision by an appeal body may also be appealed as provided by Section 17.74.020, provided that the decision of the council on an appeal shall be final.

B.

Judicial Review. The time within which judicial review of any final decision must be sought is governed by Municipal Code Chapter 3.32 and the California Code of Civil Procedure Section 1094.6.

C.

Withdrawal of Appeal—Commission Actions. After an appeal of a commission decision has been filed, the appeal shall not be withdrawn except with the consent of the council.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Appeals. Appeals shall be initiated within ten (10) business days after director or commission action.

B.

Calls for Review. Calls for review shall be initiated within ten (10) business days after director or commission action.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Appeals. An appeal shall be accompanied by a filing fee in an amount determined by council resolution.

B.

Calls for Review. No fee shall be required for a call for review.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.74.080 - Procedures for appeals and calls for review.

A.

Scheduling. Within thirty (30) days after the director or commission action, the commission or council shall schedule the appeal or call for review for hearing and decision and give notice of the date, time and place thereof to the applicant, the commission and the appellant, if any. Prior to the hearing, the director shall transmit to the city clerk a report of the findings of the director or commission and the director shall present at the hearing all exhibits, notices, petitions and other papers and documents on file with the commission. The hearing shall be held within sixty (60) days after the commission action.

B.

Public Hearing and Notice. An appeal or call for review shall be a public hearing if the decision being appealed or reviewed required a public hearing. Notice shall be given in the manner required for the decision being appealed or reviewed.

C.

Evidence. The hearing shall be de novo. At the hearing, the commission or council shall consider all pertinent material, including all documents constituting the administrative record.

D.

Hearing. At the hearing, any party or person may appear in person or by agent or attorney to provide testimony.

E.

Required Findings, Decision and Notice. Following an appeal or review hearing, the commission may remand the matter to the director for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed or reviewed or the council may remand the matter to the commission for further consideration or may affirm (in whole or in part), modify, or reverse the decision appealed or reviewed. If the commission does not remand the matter to the director or the city council does not remand the matter to the commission, it shall make the findings prescribed by this Code for the matter in issue. The commission or council decision shall be made within thirty (30) days of the hearing date. The city clerk shall mail notice of the commission or council decision to the applicant and to the appellant, if any, within five working days after the date of the decision. When the commission or council acts on an appeal by denying an application it may do so with or without prejudice to a new filing of a substantially similar project sooner than would be permitted by Section 17.60.080 of this Title.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.76 - GENERAL PLAN AND DEVELOPMENT CODE AMENDMENTS

The following provisions allow for the amendment of the General Plan, the official zoning map, or this development code whenever required by public necessity and general welfare. A General Plan amendment may include revisions to text, goals, policies, actions or land use designations. Zoning map amendments have the effect of rezoning property from one zoning district to another. Amendments to this development code may modify any standards, requirements or procedures applicable to the subdivision, development or use of property within the city.

(Ord. No. 2010-265, § 3, 1-27-2010)

Upon receipt of a complete application to amend the General Plan, the zoning map or this development code, or upon initiation by the director, commission or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with Chapter 17.78.

(Ord. No. 2010-265, § 3, 1-27-2010)

The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed amendment, based upon the findings contained in Section 17.76.050.

(Ord. No. 2010-265, § 3, 1-27-2010)

Upon receipt of the commission's recommendation, the council shall, approve, approve in modified form or disapprove the proposed amendment based upon the findings in Section 17.76.050.

If the council proposes to adopt any substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its

recommendation. Failure of the commission to report within forty-five (45) days after the referral, or within any longer time set by the council, shall be deemed a recommendation for approval of the modification.

(Ord. No. 2010-265, § 3, 1-27-2010)

17.76.050 - Findings.

A.

Findings for General Plan Amendments. An amendment to the General Plan may be approved only if all of the following findings are made:

1.

The proposed amendment is internally consistent with the General Plan;

2.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city;

3.

The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested/anticipated land use development(s); and

4.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

B.

Findings for Zoning Map or Development Code Amendments. An amendment to the text of this development code or the official zoning map may be approved only if all of the following findings are made, as applicable to the type of amendment.

1.

Findings Required for all Zoning Map and Development Code Amendments.

a.

The proposed amendment is consistent with the goals, policies, and actions of the General Plan;

b.

The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city; and

c.

The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA).

2.

Additional Finding for Development Code Amendments. The proposed amendment is internally consistent with other applicable provisions of this development code.

3.

Additional Finding for Zoning Map Amendments. The site is physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designations and

anticipated land uses/developments.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.78 - PUBLIC HEARINGS

This chapter provides procedures for public hearings before the commission and council as required by this development code. Public notice shall be given and the hearing shall be conducted as provided by this chapter, and applicable provisions of state law.

(Ord. No. 2010-265, § 3, 1-27-2010)

The public shall be provided notice of hearings in compliance with state law (the Planning and Zoning Law, Government Code Sections 65000 et seq., Subdivision Map Act, Government Code Sections 66410 et seq., and the California Environmental Quality Act, Public Resources Code 21000 et seq.).

A.

Content of Notice. Notice of a public hearing shall include: the date, time and place of the hearing; the name of hearing body; a general explanation of the matter to be considered; a general description, in text or by diagram, of the location of the real property that is the subject of the hearing. If a proposed negative declaration or final environmental impact report has been prepared for the project pursuant to the Calabasas CEQA Guidelines, the hearing notice shall include a statement that the hearing body will also consider approval of the proposed negative declaration or certification of the final environmental impact report (EIR).

B.

Method of Notice Distribution. Notice of a public hearing required by this chapter for a permit, permit amendment, appeal, or zoning ordinance amendment shall be given as follows, as required by Government Code Sections 65090 and 65091:

1.

Notice shall be published at least once in a newspaper of general circulation in the city at least ten (10) days before the hearing.

2.

Notice shall be mailed or delivered at least ten (10) days before the hearing to:

a.

The owner(s) of the property being considered or the owners agent, and the applicant;

b.

Each local agency expected to provide water, schools or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

c.

All owners of real property as shown on the latest equalized assessment roll within five hundred (500) feet of the property that is the subject of the hearing;

d.

Any person whose property might, in the judgment of the director, be affected by the proposed project; and

e.

Any person who has filed a written request for notice with the director and has paid the fee set by the most current city fee resolution for the notice.

If the number of property owners to whom notice would be mailed is more than one thousand (1,000), the director may choose to provide the alternate notice allowed by Government Code Section 65091(a)(3).

3.

Notice shall be posted in at least three places in compliance with council resolution.

C.

Additional Notice. If the director determines that the notice required by subsection (B) of this section will not be sufficient, the subject property shall be posted in a conspicuous place with a notice/sign of conspicuous size, at least ten (10) days prior to the hearing. The director may also provide any additional notice that the director determines is necessary or desirable.

D.

Additional Notice in Old Topanga and Calabasas Highlands Overlay Districts. In addition to the notice required for a public hearing by this chapter, the proposed site shall be posted with a notice, designed, prepared, and placed as required by the department at least ten (10) days prior to a hearing.

(Ord. No. 2010-265, § 3, 1-27-2010)

After the completion of any environmental documents required by the California Environmental Quality Act (CEQA) and a department staff report, the matter shall be scheduled for public hearing on the next available commission or council agenda (as applicable) reserved for such matters, but no sooner than twenty-one (21) days after the posting of a proposed negative declaration.

(Ord. No. 2010-265, § 3, 1-27-2010)

Hearings shall be held at the date, time and place for which notice has been given as required in this chapter. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear public announcement is made specifying the date, time and place to which the hearing will be continued.

(Ord. No. 2010-265, § 3, 1-27-2010)

The director shall announce and record the decision at the conclusion of a scheduled hearing. The decision shall contain applicable findings and any conditions of approval. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

The commission may announce and record the decision at the conclusion of a scheduled hearing; or defer action and take specified items under advisement and announce and record the decision at a later date. The decision shall contain applicable

findings and any conditions of approval. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

At the conclusion of any public hearing on a matter which requires final approval by the council, the commission shall forward a recommendation, including all required findings, to the council for final action. Following the hearing, a notice of the commission's recommendation shall be mailed to the applicant at the address shown on the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

For applications requiring council approval, the council shall announce and record its decision at the conclusion of the public hearing. The decision shall contain the findings of the council and any conditions of approval and reporting/monitoring requirements deemed necessary to mitigate any impacts and protect the health, safety and welfare of the city. The decision of the council shall be final.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.80 - ENFORCEMENT OF DEVELOPMENT CODE PROVISIONS

The provisions of this chapter are intended to ensure compliance with the requirements of this development code and any conditions of land use permit or subdivision approval, to promote the city's planning efforts and for the protection of the public health, safety and welfare.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Any structure or use which is established, operated, erected, moved, altered, enlarged or maintained, contrary to the provisions of this development code or any applicable condition of approval is hereby declared to be unlawful and a public nuisance. This subsection shall also apply, without limitation, to any improved or unimproved land that is altered, graded or maintained in violation of this development code.

B.

Any person, partnership, firm or corporation, whether as principal, agent, employee or otherwise, violating or failing to comply with any provision(s) of this development code or any condition imposed on any entitlement, development permit, map or license, shall be subject to the sanctions that are set forth in Section 1.16.010 of this Code.

C.

Any construction in violation of this development code or any condition(s) imposed on a permit shall be subject to the issuance of a stop work order. Any violation of a stop work order shall constitute a misdemeanor.

(Ord. No. 2010-265, § 3, 1-27-2010)

All remedies contained in this development code for the handling of violations or enforcement of the provisions of this development code shall be cumulative and not exclusive of any other applicable provisions of city, county or state law.

Should a person be found guilty and convicted of a misdemeanor or infraction for the violation of any provision of this development code, the conviction shall not prevent the city from pursuing any other available remedy to correct the violation.

(Ord. No. 2010-265, § 3, 1-27-2010)

Every applicant seeking a permit or any other action in compliance with this development code shall allow the city officials handling the application access to any premises or property which is the subject of the application. If the permit or other action in compliance with this development code is approved, the owner or applicant shall allow appropriate city officials access to the premises in order to determine continued compliance with the approved permit and/or any conditions of approval.

(Ord. No. 2010-265, § 3, 1-27-2010)

The city may choose to undertake any of the following legal actions to correct and/or abate nuisances or violations of this development code.

A.

Civil Actions.

1.

Injunction. At the request of the director, the district attorney or city attorney may apply to the Superior Court for injunctive relief to terminate a violation of this development code.

2.

Abatement. Where any person, firm or corporation fails to abate a violation and/or nuisance after being provided a notice thereof and the opportunity to correct or end the violation, the director may request the city attorney or district attorney to apply to the Superior Court of Los Angeles County for an order authorizing the city to undertake actions necessary to abate the violation and requiring the violator to pay for the cost of the actions.

3.

Nuisance Abatement. The city may, in its discretion, elect to exercise the administrative procedures in Chapter 8.20 of the Calabasas Municipal Code to cause the abatement of a public nuisance.

B.

Civil Remedies and Penalties.

1.

Civil Penalties. Any person who violates the provisions of this development code or any permit issued in compliance with this development code, shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000.00) for each day that the violation continues to exist.

2.

Costs and Damages. Any person violating any provisions of this development code or permits issued in compliance with this development code, shall be liable to the city for the costs incurred and the damages suffered by the city, its agents, and agencies as a direct result of the violations.

Procedure. In determining the amount of the civil penalty to impose, the court shall consider all relevant circumstances, including the extent of the harm caused by the conduct constituting a violation, the nature and persistence of the conduct, the length of time over which the conduct occurred, the assets, liabilities and net worth of the defendant, whether corporate or individual, and any corrective action taken by defendant.

C.

Criminal Actions and Penalties. Person who violate this development code are subject to the sanctions contained in Sections 1.16.010 and 1.16.020 of the Calabasas Municipal Code.

(Ord. No. 2010-265, § 3, 1-27-2010)

This section is intended to aid enforcement of this Code by preventing those who own or control a property in a condition, other than a legal nonconforming use, which violates the provisions of this Code from increasing the extent to which a property is out of compliance with this Code and to avoid confusion as to the relationship between legal and illegal improvements on the site and the facts surrounding each.

A.

Prohibition Against Permit Issuance. No permit under the Calabasas Municipal Code may be issued for any property on which the director finds a violation of this Code exists until such violation(s) is corrected to the satisfaction of the director.

B.

Exceptions. Notwithstanding the prohibition contained in subsection (A), this section shall not apply where the director, in his or her sole discretion, finds that an emergency or condition exists which necessitates the issuance of a permit, or where the issuance of a permit is necessary to correct the existing code violation(s). In such case, a permit may issue but shall be conditioned on a requirement that the illegal condition be corrected in conjunction with the permitted development on the property.

C.

Cost of Additional Services. If deemed necessary by the director, additional sheriff, code enforcement, fire, and other city services shall be provided for inspection of construction or other services to confirm that existing violations of this Code are properly abated in conjunction with development on the property permitted pursuant to subsection (B) of this section. The cost of such additional services shall be paid in advance to the city by the applicant prior to the issuance of any permit in an amount reasonably estimated by the director.

D.

Additional Conditions. The director may impose any conditions found necessary to protect the public health safety and welfare on a permit issued under subsection (B), of this section.

E.

Appeal Procedures. A decision of the director to issue, conditionally issue, or deny a permit under this section shall be final unless appealed as provided in Chapter 17.74 of this title.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2018-364, § 3, 4-25-2018)

The review authority must hold a public hearing in order to revoke or modify any permit or entitlement granted in compliance with the provisions of this development code. Ten (10) days prior to the public hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days

after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the county of Los Angeles, and/or the project applicant.

A.

Permit Revocation. A permit may be revoked or modified by the review authority if any one of the following findings can be made:

1.

That circumstances have changed so that one or more of the findings contained in Section 17.62.030 or 17.62.060 can no longer be made;

2.

That the permit was obtained by misrepresentation or fraud;

3.

That the improvement authorized in compliance with the permit had ceased or was suspended for six or more months;

4.

That one or more of the conditions of the permit have not been met;

5.

That the improvement authorized in compliance with the permit is in violation of any statute, ordinance, law or regulation; or

6.

That the improvement allowed by the permit is detrimental to the public health, safety or welfare or constitutes a nuisance.

B.

Variance Revocation. A variance may be revoked or modified by the review authority if any one of the following findings can be made, in addition to those outlined in subsection (A) of this section:

1.

That circumstances have changed so that one or more of the findings contained in Section 17.62.080(E) can no longer be made, and the grantee has not substantially exercised the rights granted by the variance; or

2.

That one or more of the conditions of the variance have not been met, and the grantee has not substantially exercised the rights granted by the variance.

(Ord. No. 2010-265, § 3, 1-27-2010)

This section establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of this development code in cases where no permit is required in order to correct a violation. The intent of this section is to recover city administrative costs reasonably related to enforcement.

A.

Record of Costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this development code, and shall recover the costs from the

property owner in compliance with this section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the council.

B.

Notice. Upon investigation and a determination that a violation of any of the provisions of this development code is found to exist, the director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.

C.

Summary of Costs and Notice. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten (10) days of the date of the notice, and that if no such request for hearing is filed, the responsible party will be liable for the charges. In the event that no request for hearing is timely filed or, after a hearing the director affirms the validity of the costs, the property owner or person in control shall be liable to the city in the amount stated in the summary or any lesser amount as determined by the director. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the city.

D.

Request for Hearing on Costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the director on their objections to the proposed costs.

1.

A request for hearing shall be filed with the department within ten (10) days of the service by mail of the department's summary of costs, on a form provided by the department.

2.

Within thirty (30) days of the filing of the request, and on ten (10) days' written notice to the owner, the director shall hold a hearing on the owner's objections, and determine their validity.

3.

In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

4.

The director's decision shall be appealable to the council as provided by Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)

If any person establishes a land use, or erects, constructs, alters, enlarges, moves or maintains any structure without first obtaining any permit required by this development code, that person shall be required to fully comply with applicable permit application processes and requirements of this development code including the payment of the additional permit processing fees established by the city fee resolution prior to the city's issuance of any permit for any building, structure or use on the

site. At the discretion of the director, the city shall not be obligated to process permits for work or improvements on the property until all documented code violations are first remedied.

(Ord. No. 2010-265, § 3, 1-27-2010)

Chapter 17.82 - URBAN LOT SPLITS

The purpose of this chapter is to establish objective standards and regulations to govern the subdivision of parcels under Government Code Section 66411.7, which was adopted into law by Senate Bill No. 9, Chapter 162 of the Statutes of 2021, effective January 1, 2022. If Government Code Section 66411.7 is ever repealed or ruled unconstitutional, unlawful, or no longer in effect by a court of competent jurisdiction, this section shall be automatically repealed. The director shall approve an exception to any of the standards specified in this chapter if necessary upon determining that strict compliance with the standard would physically preclude the construction of up to two residential units per parcel or would physically preclude either unit from being eight hundred (800) square feet in area.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

A.

Under Government Code Section 66411.7(a)(3)(A), only parcels located within single-family residential zones are eligible for urban lot splits, that is parcels located in the following zones:

1.

RS (residential, single-family) district;

2.

RR (rural residential) district; and

3.

RC (rural community) district.

B.

Further, an applicant applying for an urban lot split must meet the following criteria:

1.

The applicant's parcel was not established through a prior exercise of an urban lot split as provided for in this chapter.

2.

The applicant's parcel is not adjacent to another parcel that was subject to an urban lot split by either the applicant or any person acting in concert with the applicant as provided for in this chapter. For the purposes of this chapter, "any person acting in concert" with the applicant includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the applicant.

3.

The applicant's parcel is not located within a historic district or property included on the state historic resources inventory, as defined in Public Resources Code Section 5020.1, or within a site that is designated a local historic landmark or a local historic district under Chapter 17.36 of this Code.

4.

The applicant's parcel is not located on a site that includes any of the characteristics listed in Government Code Section 65913.4(a)(6)(B)—(K).

5.

The project meets all applicable requirements of Government Code Section 66411.7.

6.

The applicant must receive approval of any other permit required for the project by this Code, including, as applicable, encroachment and grading permits.

C.

An urban lot split is not available for any parcel where the urban lot split would require the demolition or alteration of any of the following types of housing:

1.

Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

Housing that is subject to any form of rent or price control through a public entity's valid exercise of its police power.

3.

A parcel or parcels on which an owner of residential real property has exercised the owner's rights under Government Code Section 7060 et seq. to withdraw accommodations from rent or lease within fifteen (15) years before the date that the development proponent submits an application.

4.

Housing that has been occupied by a tenant in the last three years.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

Prior to filing an application, a potential applicant shall meet with the director or his or her designee to discuss the application process, subdivision design, applicable fees, and the need for supplemental information.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

17.82.040 - Application.

A.

The applicant shall submit an urban lot split application in a form approved by the director.

B.

The applicant shall pay all filing fees and deposits as prescribed by resolution adopted by the city council.

C.

Courtesy public notice of an application shall be provided by the city in a manner deemed reasonable in the sole discretion of the director.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

A.

Design and Development Standards. An urban lot split shall comply with all design and development standards for the RS, RR, and RC districts, as applicable, and all other applicable development standards of this Code except as modified by this section.

B.

Density Standards. Each original parcel subdivided under this chapter may be developed with a total maximum of four residential units, calculated as a maximum of two newly created parcels and a maximum of two residential units per each of those two newly created parcels. No additional accessory dwelling units or junior dwelling units are permitted.

C.

Lot Line Standards.

1.

An urban lot split may only subdivide one existing, legal parcel and shall create no more than two resulting new parcels.

2.

All lot lines shall be contiguous to existing zoning boundaries.

3.

All parcels created pursuant to this chapter shall have access to, provide access to, or adjoin the improved public right-ofway.

4.

The subdivision shall not result in a new parcel with an average width that is less than the average width of the original parcel, unless this requirement would have the effect of physically precluding the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred (800) square feet.

5.

An urban lot split may not subdivide a parcel in a way that bisects an existing structure, unless the structure is proposed for demolition as part of the project.

6.

All required ancillary improvements (new or existing) serving any existing or proposed structure, including private sewage disposal (septic) systems and required parking spaces, must be entirely on the same lot as the structure served by that improvement.

D.

Lot Size and Access Standards. The urban lot split shall meet all of the following size and access requirements:

1.

Both newly created parcels shall be at least one thousand two hundred (1,200) square feet.

2.

Both newly created parcels must be of approximately equal lot area. The smaller parcel shall not be smaller than forty (40) percent of the lot area of the original parcel.

3.

All necessary easements and access to rights-of-way must be provided for fire department, utilities, and lot access. If the urban lot split results in the creation of a lot behind another lot, without direct frontage to a public or private street, then a private access easement, acceptable as to form to the city, must be provided over the front parcel for the back parcel to access a public or private street that meets all applicable fire department access requirements. All driveways shall be designed in accordance with Section 17.28.080 of the CMC.

4.

No new access from an arterial street is permitted.

E.

Fire Safety Standards. In addition to complying with all applicable provisions of Title 15 of this Code, projects developed under this chapter shall comply with the following fire safety requirements:

1.

Where two residential units are configured as sharing a common wall, a one-hour fire wall between the units is required.

2.

All new residential units are required to have an automatic fire sprinkler system.

3.

All new residential units are required to use fire-resistant building materials.

4.

All new or modified detached residential units shall be separated from any other residential unit or building by at least ten (10) feet to prevent the spread of fire.

F.

Unit Size Standard. The maximum unit size for any unit developed under this chapter is eight hundred (800) square feet in size.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

A.

The director will review all applications under this chapter ministerially and without a public hearing or discretionary review.

B.

In order to grant a ministerial design review permit, the director must find that the proposed project:

1.

Complies with all provisions of this Chapter 17.82;

2.

Complies with all development standards, with the exception of minimum lot size;

3.

Complies with all applicable objective General Plan, zoning code, and design standards; and

4.

Complies with all applicable provisions of state law.

C.

Denial Finding. The director may deny a proposed urban lot split, with written findings based upon a preponderance of the evidence, if the proposed project would have a specific, adverse impact upon public health and safety or the physical environment and there is no feasible method to satisfactorily mitigate or avoid that specific, adverse impact. For purposes of this section, "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

17.82.070 - Conditions of approval.

A.

As a standard condition of issuance of a parcel map by the director for an urban lot split under this chapter, the applicant shall sign and record a covenant stating the following:

1.

The applicant shall occupy one of the residential units on the subdivided parcels as occupant's principal residence for at least three years from the date of the approval of the urban lot split.

2.

All resulting parcels shall be used solely for residential use.

3.

All dwelling units on the new parcels shall not be rented for a period of less than thirty (30) days and cannot be occupied as a short-term rental unit.

4.

Any development constructed in accordance with this chapter shall be subject to all development impact fees related to the development of a new residential unit.

5.

Separate utility connections shall be provided for each parcel prior to recordation.

6.

The applicant shall comply with all other provisions of this Code that are not in conflict with the provisions of this chapter.

The applicant may apply for an accessory dwelling unit or junior accessory dwelling unit permit under Section 17.12.170 or a ministerial design review permit under Chapter 17.84 on either or both resulting parcels, but under no circumstance may an applicant apply to develop more than two residential units of any kind per parcel created under this chapter or more than four total residential units of any kind on the combined originally subdivided parcel. Any parcel created under this chapter may be developed with a maximum of two residential units of any kind per parcel.

8.

In all cases, the applicant is limited to developing a maximum of four total units on the two resulting subdivided parcels.

9.

Neither the applicant nor any successor in interest shall apply for an urban lot split for either resulting parcel.

10.

Neither the applicant, a successor in interest, nor any person acting in concert with the applicant or successor in interest shall apply for an urban lot split for any adjacent parcel. For the purposes of this provision, "any person acting in concert" with the applicant includes, but is not limited to, an individual or entity operating on behalf of, acting jointly with, or in partnership or another form of cooperative relationship with, the applicant.

B.

The recorded document shall include a note on the parcel map indicating that each parcel was created under this chapter and that no further subdivision of the parcel is permitted.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)

The determination of the director may be appealed to the planning commission per Chapter 17.74.

(Ord. No. 2022-398, § 4(Att. A), 6-22-2022)