Chapter 9.41 — REASONABLE ACCOMMODATION PROCEDURE FOR DISABLED PERSONS

The purpose of this Chapter is to provide a procedure for the granting of reasonable accommodations to afford disabled persons an opportunity to use and enjoy housing equal to that of non-disabled persons.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

A request for a reasonable accommodation may be made by any disabled person, his/her representative, or a developer or provider of housing for disabled persons, when the application of a zoning law, building code provision, or other land use regulation, policy, or practice acts as a barrier to a disabled person's equal opportunity to use and enjoy housing.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards and practices for the siting, development and use of housing or housing-related facilities in order to afford a disabled person an equal opportunity to use and enjoy housing in accordance with the Fair Housing Laws.

C.

A reasonable accommodation may be granted in compliance with this chapter without the need for the approval of a variance.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

Application. Requests for reasonable accommodation shall be submitted on an application form provided by the Planning Department, or in the form of a letter, to the Planning Director and shall contain the following information:

1.

The applicant's name, address and telephone number.

2.

Address of the property for which the request is being made.

3.

The current actual use of the property.

4.

The zoning law, building code provision, or other land use regulation, policy, or practice from which reasonable accommodation is being requested; and

5.

An explanation of why the specified zoning law, building code provision, or other land use regulation, policy, or practice is denying or will deny a disabled person equal opportunity to use and enjoy the

dwelling.

6.

The basis for the claim that the Fair Housing Laws apply to the applicant and evidence satisfactory to the City supporting the claim which may include a letter from a medical doctor or licensed health care professional, a disabled license, or any other appropriate evidence.

7.

A detailed explanation of why the accommodation is reasonable and necessary to afford the disabled person an equal opportunity to use and enjoy the dwelling.

B.

Review with Other Land Use Applications. If the project for which the reasonable accommodation request is being made also requires some other discretionary approval (e.g., conditional use permit, planned development permit, etc.), then the applicant shall file the application for such discretionary approval(s) together with the reasonable accommodation application.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

Planning Director. Reasonable accommodation applications shall be reviewed by the Planning Director if no other discretionary approval under this Chapter is sought. The decision shall be issued within forty-five (45) days of the application submission.

B.

Other Review Authority. Reasonable accommodation applications submitted for concurrent review with an application for a discretionary entitlement (e.g. planned development permit or conditional use permit) under this Chapter shall be reviewed by the authority responsible for reviewing the discretionary entitlement. The decision on the reasonable application shall be issued concurrently with the decision on the discretionary entitlement.

(Ord. No. 229-13, § 7, 12-11-2013)

The reasonable accommodation shall be approved, with or without conditions, if the reviewing authority finds, based upon all of the evidence presented, that all of the following findings can be made:

A.

The subject dwelling will be occupied by a disabled person.

B.

The requested reasonable accommodation is necessary to provide a disabled person with an equal opportunity to use and enjoy the subject dwelling.

C.

The requested reasonable accommodation will not impose an undue financial or administrative burden on the City.

D.

The requested reasonable accommodation will not require a fundamental alteration to the zoning law, building code provision, or other land use regulation, policy, or practice. In considering whether the accommodation would require such a fundamental alteration, the reviewing authority may consider the following factors without limitation:

1.

Whether the requested accommodation would fundamentally alter the character of the neighborhood.

2.

Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking.

3.

Whether the requested accommodation would substantially undermine any express purpose of either the general plan or an applicable specific plan.

4.

Whether the requested accommodation would create an institutionalized environment due to the number of, and distance between, facilities that are similar in nature or operation.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

The reviewing authority's written decision shall set forth the findings and any conditions of approval.

B.

The approval of a reasonable accommodation shall be subject to any reasonable conditions imposed on the approval that are consistent with the purposes of this Article and the general plan, and are appropriate to protect the public health, safety, or welfare. The reviewing authority may approve an alternative reasonable accommodation that provides the applicant an opportunity to use and enjoy a dwelling equivalent to that provided by the specific accommodation requested by the applicant, where such alternative accommodation would reduce impacts to neighboring properties or the surrounding area.

C.

Prior to the issuance of any permits related to an approved reasonable accommodation, the applicant, or property owner if different, shall execute a recordable covenant, in a form approved by the City Attorney, agreeing to comply with the conditions of the approved reasonable accommodation.

D.

A reasonable accommodation is granted to an individual(s) and shall not run with the land, unless the reviewing authority finds, at the time of approval of the accommodation, that the modification is physically integrated with the structure and cannot feasibly be removed or altered.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

A reasonable accommodation approval shall expire after twelve (12) months, or at an alternative time specified in the approval, unless one of the following criteria is satisfied:

1.

A building permit has been issued and construction has commenced.

2.

The right granted by the accommodation has been exercised.

3.

A time extension has been granted by the Planning Director.

B.

A reasonable accommodation approval shall lapse if the exercise of rights granted by it is discontinued for one hundred eighty (180) consecutive days. In addition, if the disabled person for whom the reasonable accommodation was granted vacates the residence, the reasonable accommodation shall remain in effect only if: (1) the reviewing authority determined that the reasonable accommodation shall run with the land, or (2) the dwelling is now occupied by another disabled person who requires the accommodation to have an equal opportunity to use and enjoy the dwelling. The Planning Director may request that a person seeking to retain an existing reasonable accommodation provide documentation that the occupant is a disabled person and that the accommodation is necessary for the occupant to have an equal opportunity to use and enjoy the dwelling. Failure to provide such documentation within ten (10) days of the date of a request by the Planning Director shall result in the lapsing of the reasonable accommodation approval.

(Ord. No. 229-13, § 7, 12-11-2013)

A.

The City Council may, after conducting a public hearing, revoke or modify a reasonable accommodation approval if the City Council finds any of the following:

1.

There has been a change in the disabled person's use of the property or need for the reasonable accommodation that negates the basis for the approval of the reasonable accommodation.

2.

The reasonable accommodation application included false information.

3.

Any of the conditions or terms of such approval are violated, or any law or ordinance is violated in connection therewith.

B.

Upon revocation of the reasonable accommodation approval, the property shall be brought into compliance with any zoning regulation or other laws, policies, or procedures from which a deviation was granted.

(Ord. No. 229-13, § 7, 12-11-2013)

CHAPTER 9.42. - DENSITY BONUSES

A.

The purpose of this Chapter is to provide incentives for the production of specific housing types for populations, including, without limitation, very low income, lower income, moderate income, and senior households, in accordance with Government Code Section 65915, commonly referred to as the State Density Bonus Law. The intent of this Chapter is to facilitate the development of the goals, objectives, and policies of the housing element of the City's General Plan.

B.

The provisions of this Chapter shall be interpreted to fulfill the requirements of Government Code Section 65915. Any amendments to the provisions of Government Code Section 65915 shall be deemed to supersede and govern any conflicting provisions contained herein.

(Ord. No. 229-13, § 8, 12-11-2013; Ord. No. 288-21, § 18, 9-28-2021)

Terms defined in Government Code Section 65915 shall have the same meaning in this Article.

(Ord. No. 229-13, § 8, 12-11-2013)

A.

The City shall grant a density bonus, the amount of which shall be as specified in Government Code Section 65915(f), and incentives or concessions, the amount of which shall be as specified in Government Code Section 65915(d)(2).

B.

The density bonus units shall not be included when calculating the total number of housing units that qualify the housing development for a density bonus, except as otherwise required by Government Code Section 65915.

C.

The amount of the density bonus shall not exceed the percentages established in Government Code Section 65915.

D.

An applicant shall not receive a density bonus or any other incentive or concession if the housing development would be excluded under Government Code Section 65915, which includes projects that fail to "replace" existing housing units, as required by state law.

(Ord. No. 229-13, § 8, 12-11-2013; Ord. No. 288-21, § 19, 9-28-2021)

A.

Applications for a density bonus shall be filed with the Planning Director on a form approved by the Director.

B.

The density bonus application shall be filed concurrently with an application for a zoning clearance, planned development permit, or conditional use permit, and the applicant shall pay the density bonus application fee, established by resolution of the City Council.

C.

The application shall clearly indicate the number of base units allowed by the General Plan and zoning regulations, the number of density bonus units requested, and the number of affordable units that will be included in the proposed project.

D.

The application shall contain reasonable documentation to establish eligibility for a requested density bonus, incentives or concessions, waivers or reductions of development standards, and parking ratios, to

the satisfaction of the Planning Director.

(Ord. No. 288-21, § 20, 9-28-2021)

Editor's note— Ord. No. 288-21, § 20, adopted September 28, 2021, repealed § 9.42.040 and enacted a new § 9.42.040, as set out herein. The former section pertained to continued affordability and derived from Ord. No. 229-13, § 8, adopted Dec. 11, 2013.

9.42.050. - Requests for Waivers and Reductions of Development Standards.

A.

The applicant for a density bonus may submit a proposal for the waiver or reduction of development standards that have the effect of physically precluding the construction of a housing development

incorporating the density bonus and any incentives or concessions granted to the applicant, except as restricted by Government Code Section 65915.

B.

A request for a waiver or reduction of development standards shall be accompanied by documentation demonstrating that the waiver or reduction is physically necessary to construct the housing development with the additional density allowed pursuant to the density bonus and incorporating any incentives or concessions required to be granted.

C.

The applicant may request a reduction in parking requirements in accordance with Government Code Section 65915(p).

D.

The City shall approve a waiver or reduction of a development standard, unless it makes one or more of the following findings:

1.

The application of the development standard does not have the effect of physically precluding the construction of a housing development at the density allowed by the density bonus and with the incentives or concessions granted to the applicant;

2.

The waiver or reduction of the development standard would have a specific, adverse impact, as defined in Government Code Section 65589.5(d)(2) upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact;

3.

The waiver or reduction of the development standard would have an adverse impact on any real property that is listed in the California Register of Historical Resources; or

The waiver or reduction of the development standard would be contrary to state or federal law.

(Ord. No. 288-21, § 21, 9-28-2021)

Editor's note— Ord. No. 288-21, § 21, adopted September 28, 2021, repealed § 9.42.050 and enacted a new § 9.42.050, as set out herein. The former section pertained to projects with a child care facility and derived from Ord. No. 229-13, § 8, adopted Dec. 11, 2013.

A.

The applicant for a density bonus shall enter into an agreement with the City to ensure continued affordability of all low- and very low- income units that qualified the applicant for the award of the density bonus for fifty-five (55) years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program, prior to the issuance of a building permit.

B.

Rents for the lower income density bonus units shall be set at an affordable rent as defined in Health and Safety Code Section 50053. Owner-occupied units shall be available at an affordable cost as defined in Health and Safety Code Section 50052.5.

C.

The applicant for a density bonus shall agree that the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low-, low-, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5. All for-sale units must initially be sold at an affordable housing cost and will remain subject to a resale affordable housing cost restriction for a period of fifty-five (55) years or a longer period of time if required by any applicable construction or mortgage financing assistance program, mortgage insurance program, or other subsidy program. The applicable resale affordable housing cost restriction period will reset upon each sale of an affordable unit.

(Ord. No. 288-21, § 22, 9-28-2021)

A.

For any development project that is granted a density bonus or other benefit pursuant to this Chapter, the affordable units shall be integrated with the market rate units so that there is a mix of affordable and market rate units, if any, in each building of the development project.

B.

All affordable units shall be comparable to market rate units with regard to total square footage, bedroom size, amenities, design, use of materials, finish quality, and exterior appearance.

(Ord. No. 288-21, § 22, 9-28-2021)

The affordable units that qualify the project as eligible for a density bonus shall be constructed concurrently with or prior to the construction of any market rate units.

(Ord. No. 288-21, § 22, 9-28-2021)

A.

When an applicant proposes to construct a housing development that conforms to the requirements of Section 9.42.030(A) and includes a childcare facility that will be located on the premises of, as part of, or adjacent to, the project, the City and the applicant shall adhere to the requirements of Government Code Section 65915(h).

B.

The City shall not be required to provide a density bonus or concession or incentive for a childcare facility if it finds, based upon substantial evidence, that the community has adequate childcare facilities.

(Ord. No. 288-21, § 22, 9-28-2021)

Appeals of any decision of the Planning Director pursuant to this Chapter shall be heard in compliance with the procedures of Chapter 9.32 of this Article.

(Ord. No. 288-21, § 22, 9-28-2021)

CHAPTER 9.43. - CANNABIS

This Chapter shall be known as the "Cannabis Ordinance."

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

The purpose of this Chapter is to prohibit all commercial cannabis land uses and activities for which a State license is required, and to reasonably regulate cannabis cultivation.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

"Cannabis" means all parts of the plant Cannabis sativa linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medicinal, adult-use, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in Health and Safety Code Section 11018.5.

"Cannabis product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.

"Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery or sale of cannabis and cannabis product for medicinal, adult-use, or any other purpose and includes the activities of any business licensed by the State or other government entity under the MAUCRSA, or any provision of State law that regulates the licensing of cannabis businesses. "Commercial cannabis activity" does not include the cultivation, possession, storage, manufacturing, or transportation of cannabis by a qualified patient for his or her personal medical use so long as the qualified patient does not provide, donate, sell or distribute cannabis to any other person. "Commercial cannabis activity" also does not include the cultivation, possession, storage, manufacturing, transportation, donation or provision of cannabis by a primary caregiver, exclusively for the personal medical purposes of no more than five (5) specified qualified patients for whom he or she is the primary caregiver, but who does not receive remuneration for these activities except for compensation in full compliance with Health and Safety Code Section 11362.765.

"Commercial cannabis land use" means the use of any property for commercial cannabis activity.

"Concentrated cannabis" means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate.

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis.

"Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform.

"Distribution" means the procurement, sale, and transport of cannabis and cannabis products between licensees.

"Fully enclosed and secure structure" means a space that satisfies all of the following criteria: (i) it is located within a private residence, or an accessory structure (i.e. greenhouse) located upon the grounds of a private residence, (ii) it has a complete roof enclosure supported by connecting walls extending from the

ground to the roof; (iii) it is secure against unauthorized entry; (iv) it provides complete visual screening; (v) it is accessible only through one or more lockable doors; and (vi) it is inaccessible to minors.

"Indoors" means within a fully enclosed and secure structure.

"Licensee" means a person holding a license under the MAUCRSA.

"Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.

"MAUCRSA" means the Medicinal and Adult-Use Cannabis Regulation and Safety Act codified in Business and Professions Code Section 26000 et seq.

"Outdoors" means a location that is not within a fully enclosed and secure structure.

"Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, collective, cooperative, non-profit, or any other group or combination acting as a unit.

"Primary caregiver" shall have the same meaning as is defined in Health and Safety Code Section 11362.7(d).

"Private residence" means a house, an apartment unit, mobile home, or other similar dwelling that is lawfully used as a residence.

"Qualified patient" means a person who is entitled to the protections of Health and Safety Code Section 11362.5, but who does not have an identification card.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

Commercial cannabis land use is a prohibited use in every zone. No application for a building permit, conditional use permit, planned development permit, variance, zoning clearance, or other City authorization shall be approved for the establishment, operation, maintenance, development, or construction of a commercial cannabis land use.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

No person shall engage in commercial cannabis activity. A property owner shall not rent, lease or otherwise permit any person to engage in commercial cannabis activity on such owner's property.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

A.

No person shall cultivate cannabis outdoors.

B.

No person shall cultivate cannabis unless such cultivation is in compliance with Health and Safety Code sections 11362.1 and 11362.2.

C.

No person shall cultivate cannabis unless such cultivation occurs indoors.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

A.

No provision of this Chapter authorizes a criminal prosecution, arrest or penalty inconsistent with or prohibited by Health and Safety Code Section 11362.71 et seq. or Section 11362.1 et seq. In the event of any conflict between the penalties enumerated under Section 1.2.005 of this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern.

B.

A court of competent jurisdiction may award reasonable attorneys' fees and costs to the prevailing party in any nuisance abatement action brought to enforce this Chapter if, at the initiation of the proceeding, the City elected to seek recovery of its own attorneys' fees.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

This Chapter does not apply to any of the following:

A.

Any activities the City is required by State law to permit within its jurisdiction pursuant to Health and Safety Code Section 11362.1, Business and Profession Code Section 26054, or any other preemptive statute.

B.

Transportation of cannabis and cannabis products through the City's territory on public roads in compliance with the MAUCRSA by persons holding a State license for such activity.

C.

Delivery of cannabis and cannabis products to a property within the City from a licensee that satisfies the following criteria: (i) deliveries may only be made by a retailer, microbusiness, or non-profit that has obtained a State license from the Bureau of Cannabis Control; (ii) the retailer, microbusiness or non-profit must be located outside the City; and (iii) the delivery drivers must comply with all State laws and regulations pertaining to cannabis deliveries.

(Ord. No. 252-17, §§ 4, 5, 11-8-2017)

CHAPTER 9.44. - SPECIFIC PLAN ZONES AND ZONING MAP DESIGNATIONS

The following specific plans have been approved and are established as specific plan zones to be designated on the Westlake Village Zoning Map as set forth in this Section:

A.

Westlake North Specific Plan. The Westlake North Specific Plan is set forth in Chapter 9.24 of this Title. The area covered by the Westlake North Specific Plan shall be established as Multiple Use (MU) Zone, and shall be designated on the zoning map by the designation "MU—SP No. 1."

1.

The Westlake North Specific Plan shall also be subject to the provisions of Chapter 9.45 of this Article.

B.

North Business Park Specific Plan. The North Business Park Specific Plan, a copy of which is on file in the office of the City Clerk, facilitates the redevelopment of an aging business park into mixed use, residential, and commercial development, located on approximately two hundred (200) acres of property just north of the 101 Freeway, south of Thousand Oaks Boulevard, east of the City limits, and west of Lindero Canyon Road. The area covered by the North Business Park Specific Plan shall be established as the North Business Park Specific Plan (SP No. 2) Zone, and shall be designated on the Zoning Map by the designation "SP No. 2."

1.

The North Business Park Specific Plan shall also be subject to the provisions of Chapter 9.45 of this Article.

(Ord. No. 283-20, § 7, 7-8-2020; Ord. No. 288-21, § 23, 9-28-2021)

CHAPTER 9.45. - TRANSITIONAL HOUSING, SUPPORTIVE HOUSING, AND LOW BARRIER NAVIGATION CENTERS

These provisions are intended to allow transitional housing and supportive housing, as defined in Government Code Section 65582, and low barrier navigation centers, as defined in Government Code Section 65660, consistent with State law to ensure equality of treatment for all residential uses regardless of the occupant. Supportive housing is generally described as permanent housing linked to a range of support services designed to enable residents to maintain stable housing and lead fuller lives. Transitional housing is generally described as a type of supportive housing used to facilitate the movement of people experiencing homelessness into permanent housing and independent living. A low barrier navigation center is generally described as a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing.

(Ord. No. 288-21, § 24, 9-28-2021)

A.

Transitional and supportive housing shall be permitted in any zone that allows residential uses, and subject only to the provisions and development standards applicable to residential uses of the same type in the same zone.

B.

Supportive housing shall be permitted with a zoning clearance pursuant to Section 9.4.040. of this Article in any zone where multifamily and mixed uses are permitted if the proposed housing development satisfies all of the requirements of California Government Code Section 65651(a).

C.

If the supportive housing development is located within one-half mile of a public transit stop, no parking spaces are required for the units occupied by supportive housing residents per Government Code Section 65654.

D.

Low barrier navigation centers shall be permitted in any zone that allows mixed use and nonresidential zones that allow multifamily uses. Low barrier navigation centers shall be subject to a zoning clearance and shall not be subject to a planned development permit or a conditional use permit if the application is in compliance with the following development and management standards:

1.

The low barrier navigation center offers services to connect people to permanent housing through a services plan that identifies services staffing;

2.

The low barrier navigation center is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect individuals to permanent housing;

a.

"Coordinated entry system" is generally described as a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

3.

The low barrier navigation center complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code;

4.

The low barrier navigation center has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local Homeless Management Information Systems, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations; and

5.

The low barrier navigation center complies with the development standards established for emergency shelters in Section 9.10.050.

E.

Subsection D of this Section shall remain in effect until January 1, 2027. As of January 1, 2027, subsection D shall be repealed unless State law is amended to require this subsection to be in effect beyond that date.

(Ord. No. 288-21, § 24, 9-28-2021)

CHAPTER 9.46. - RESIDENTIAL CARE FACILITIES

This chapter is intended to comply with and to further the purposes of the Fair Employment and Housing Act (FEHA), the Fair Housing Act (FHA), and the Lanterman Developmental Disabilities Act by providing living accommodations for special needs populations and enhance the opportunity for those residents to be successful in their respective daily lives and/or programs.

(Ord. No. 307-25, § 9, 5-14-2025)

Residential care facilities shall be permitted in any zone that allows residential uses, and subject only to the provisions and development standards applicable to residential uses of the same type in the same zone.

(Ord. No. 307-25, § 9, 5-14-2025)

Residential care facilities shall be a minimum of one thousand (1,000) feet apart from one another. Distances shall be measured from the closest property lines.

(Ord. No. 307-25, § 9, 5-14-2025)

A.

The City Council may approve and/or modify a conditional use permit for a residential care facility with seven (7) or more residents, with or without conditions, only after it makes all of the following findings of fact in a positive manner.

1.

The proposed use is conditionally permitted within the subject zone and complies with all of the applicable provisions of this Article.

2.

The subject site is physically suitable for the type of land use being proposed.

3.

There would be adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety.

4.

There would be adequate provisions for public access to serve the proposed use.

5.

The proposed use is consistent with the objectives, policies, general land uses and programs of the Westlake Village General Plan.

B.

The findings required by this Section shall supersede the findings specified in Section 9.26.060.

(Ord. No. 307-25, § 9, 5-14-2025)