A.

Introduction. This User's Guide provides a basic orientation in the organization and use of the Calabasas Land Use and development code ("development code") contained within Title 17 of the Calabasas Municipal Code. The User's Guide is a reference document, and, as such, it is designed to assist in the location of the city's zoning and subdivision regulations. The User's Guide is not a part of the development code, and it does not supersede or replace it. In the event of conflict between the User's Guide and the development code, the development code shall govern.

If, after consulting this User's Guide, you cannot locate the information you desire regarding the development code or the city's land use and development requirements, you should contact the city's community development department.

B.

Organization of the Development Code. The development code contains the city's zoning, subdivision and other land use regulations. Additional building construction requirements and other aspects of development and land use can be found in other titles of the Calabasas Municipal Code.

The development code regulations which cover related topics have been grouped together into articles. There are seven articles and each is summarized below.

1.

Purpose and Effect of Development Code. Article I contains basic information on the legal framework of the development code. Article I describes the land uses and development-related activities that are regulated by the development code, and provides information on how to use the code.

2.

Zoning Districts and Allowable Land Uses. Article II contains chapters on the different types of zoning districts (residential, commercial, etc.) that are applicable to public and private property within the city. These chapters list the specific types of land uses allowed in each zoning district (e.g., day care facilities, home occupations, multifamily housing, service stations, etc.), and the type of land use/development permit that must be obtained prior to initiating each use. This article also contains basic development standards for each zoning district (e.g., maximum height limits and setback/yard requirements for new structures) and regulations for each land use.

3.

Site Planning and Project Design Standards. Article III provides development standards that apply across zoning districts, including requirements for landscaping, off-street parking and loading, and signage. These chapters also contain regulations for specific land uses and development types that may be allowed in a variety of zoning districts (e.g., day care facilities, home occupations, multifamily housing, service stations, etc.). Within the zoning district chapters of Article II, there are references to the requirements in Article III. Article III's regulations generally supplement those in Article II.

4.

Subdivisions. Article IV comprises the city's subdivision ordinance. This article provides both site planning/design regulations for new subdivisions, and the procedural requirements for subdivision approval, consistent with the mandates of the California Subdivision Map Act.

5.

Land Use and Development Permits. Article V describes each type of land use and development permit required by this development code and the city's requirements for the preparation, filing, processing and approval of each permit application. This article also sets time limits for exercising a permit, and time extension procedures. Some land use/development approvals may be granted by the director (e.g., zoning clearance, administrative plan review, sign permit, etc.), while others require review and approval by the commission and/or council (e.g., conditional use permit, development plan, oak tree permit, etc.).

6.

Development Code Administration. Article VI provides information on the development code's administrative framework and procedures including administration, amendments, enforcement, public hearings and appeals. This article also contains provisions governing nonconforming structures, uses, and lots.

7.

Development Code Definitions. Article VII contains definitions of the specialized and technical terms and phrases used in the development code.

C.

Format of the Development Code.

1.

Outline. The format of the development code follows the layout of the Calabasas Municipal Code. The chapter and section numbers use an expandable decimal numbering system. Major divisions within the development code are called articles. Major divisions within articles are called chapters. Chapters divide into sections and subsections. The format of the divisions in the development code is shown below.

Title 17 - Land Use and Development Code
Article XX - Name of Article
Chapter 17.xx - Name of Chapter

17. xx.xxx - Section

A. Subsection

1. Subsection

a. Subsection

i. Subsection

(A) Subsection

2.

References and Citations. The development code often includes cross-references to other Municipal Code sections, city documents, or state and federal statutes. Cross-references and citations of other documents are handled as follows.

a.

Outside of the Same Section. When a cross-reference is to text outside of the same section being referenced, the cross-reference starts with a title number (i.e., "17") followed by the chapter number (i.e. ("0.1"), the section number (i.e. "0.50"), and, if applicable, subsections (i.e. "(B)") which are further subdivided by paragraphs (i.e., "2"). For example, "Section 17.01.050(B)" refers to paragraph 2 of subsection B of Section 17.01.050, of Chapter 17.01, of Title 17. Cross-references will include the applicable title, chapter or section number.

b.

Within the Same Section. When a cross-reference is to text within the same section, the cross-reference identifies the subsection with the applicable letter (i.e., "(D)") followed by a paragraph number (i.e. "2"). For example "See subsection (D) 2, of this section," refers to paragraph 2, of subsection D, of the same section.

c.

External Documents. The development code references state statues by the name of the applicable state code, and specific section numbers (e.g., "Government Code Section 65091," "Map Act Section 66749," etc.). The reference will include the abbreviation "et seq." (the Latin "et sequitur," which means "and following") when the development code also references other sections within the same article or chapter of the relevant state code when those sections relate to the same subject matter. for example, "Government Code Section 65090 et seq." refers to Section 65090 of the California Government Code, and all sections within Chapter 2.7 of the Government Code entitled "public hearings".

d.

Availability of Cited Documents. Any external document referenced or cited in the development code are available at the Calabasas community development department. These documents include the Calabasas General Plan, Old Town Specific Plan, California Government Code, and the Subdivision Map Act.

3.

Terms. The development code has been written so that it can be easily understood by the general public. Most terms and phrases shall be interpreted so as to give them the meaning they have in common usage, except as specifically defined in the development code. Article VII (Definitions), defines words that have a specific meaning in the development code. Chapter 17.03 (Interpretation of Code Provisions) contains other information on how terms are used in the development code.

D.

Using the Development Code.

1.

Determining the Zoning Regulations for a Specific Site. To determine the zoning regulations applicable to a specific property, you must first find the site on the Calabasas zoning map. The zoning map will show the zoning applied to the site, and whether the site is subject to any overlay zoning districts or limitations on maximum residential density. After determining the site's zoning, you use the development code to find regulations applicable to the development of the site.

a.

Allowed Uses and Zone-Based Development Standards. Refer to Table 2-2 - Land Use Table in Article II (Zoning Districts and Allowable Land Uses) to determine which land uses are possible on the site. Where the development code provides unique standards and requirements for a particular land use (e.g., day care centers, home occupations, service stations, etc.), Table 2-2 also list the code section where the specific standards can be found.

Chapter 17.12 provides standards applicable to specific land uses and activities, such as the keeping of animals within the city, day care facilities, home occupations, service stations, and others.

Chapters 17.13, 17.14 and 17.15 include additional tables describing the basic standards for development in each zoning district: the minimum size for lots proposed in new subdivisions; the maximum allowed residential density; maximum floor area ratio; maximum site coverage; minimum setback/yard requirements; and maximum height for proposed structures.

b.

Additional Development Standards. Refer to Article III to find the remaining development standards and regulations applicable to any proposed development or land uses (in addition to those established for each zoning district in Article II). To assist with the foregoing, each chapter in Article III should be reviewed in the following order:

i.

Chapter 17.20 - General Property Development and Use Standards. This chapter contains sections that each cover one topic and that apply to most land use types. Each section should be reviewed to determine whether it applies to a particular use.

ii.

Chapter 17.22 - Affordable Housing. This chapter applies to residential development projects proposing five or more housing units.

iii.

Chapter 17.24 - Art in Public Places. This chapter applies to commercial development projects.

iv.

Chapter 17.26 - Landscaping. This chapter applies to all land uses and development.

v.

Chapter 17.28 - Parking and Loading. This chapter applies to all land uses an development.

vi.

Chapter 17.30 - Signs. This chapter contains the city's sign ordinance, and applies to all land uses and development proposing signs.

vii.

Chapter 17.32 - Oak Tree Regulations. This chapter contains the city's oak tree ordinance and applies to all properties that contain oak trees.

viii.

Chapter 17.34 - Green Development Standards. This chapter applies to commercial development projects with an area over five hundred (500) square feet.

ix.

Chapter 17.36 - Historic Preservation Ordinance. This chapter contains the city's historic preservation ordinance, and applies to all historical resources within the city.

x.

Chapter 17.38 - Reasonable Accommodation. This chapter provides a process for disabled persons to request reasonable accommodations from existing standards in the development code.

2.

Determining Where a Specific Use May Locate.

a.

The Allowable Use Table. To determine in what zones a specific use may be located, review Table 2-2 - Land Use Table in Article II 1.010 (Permitted, conditional, temporary and accessory land uses - all zoning districts).

The left column of the Table 2-2 lists the land uses allowed in each zoning district, organized by broad land use types: agriculture and open space uses; recreation, education and public assembly uses; residential uses; retail trade uses; service uses; and transportation and communications uses. Under each land use type is a list of the individual land uses that may be allowed in each zoning district. The names of the individual land uses are intended to generally describe each use so that the lists do not need to exhaustively itemize every possible land use that may be allowed within the city. Each land use is then defined in detail in Article VII (Development Code Definitions), with examples of the specific land uses that are included under the general heading.

Each of the middle columns in Table 2-2 covers one zoning district, and the rows in the table corresponding to each land use show whether a particular use may be allowed in the zoning district, and what permit is required to obtain permission for the use.

The right column of the table shows whether any unique development code standards apply to the particular land use.

b.

Using the Land Use Table. As mentioned above, review Table 2-2 to find the general type of land use applicable to your proposed land use. Next scroll down the list of specific uses to find your use. If your use cannot readily be found, try to find a use that looks similar, or appears to generally describe your use, and then speak with a community development staff member about the process of determination of similar use. If your use is not listed in the table for a particular zoning district, it is prohibited in that zoning district.

c.

Checking Overlay Zone Requirements. In some cases, a site in a particular zoning district may also have an overlay zone applied to it in addition to the "base" zoning. For example, a site in the CR (commercial, retail) zoning district could also be located within a scenic corridor and be subject to the scenic corridor design guidelines. In this case, the zoning map would show the site within the "CR-SC" designation.

d.

Checking Specific Use Standards. In some cases, the standards for specific land uses in Chapter 17.12 of Article II and a site's characteristic (e.g. lot size) may have the effect of prohibiting a particular land use. For example, "Secondary Housing Units" as shown in Table 2-2 are conditionally allowed in the RS, RR and HM zoning districts. However, the specific requirements for secondary housing units in Section 17.12.170 allow these units only on parcels with a minimum area of ten thousand (10,000) square feet. The right column of Table 2-2 will show a section number if the development code provides unique standards for a particular use. The listed section should be carefully reviewed to determine whether a particular site and proposed project can qualify for approval.