This title is and may be cited as the land use and development code of the City of Calabasas, Title 17 of the Calabasas Municipal Code, hereafter referred to as "this development code."

(Ord. No. 2010-265, § 3, 1-27-2010)

This development code implements the policies of the Calabasas General Plan by classifying and regulating the development and uses of land and structures within the city. This development code is adopted to protect and to promote the health, safety, comfort, convenience, prosperity, and general welfare of residents, and businesses. More specifically, the purposes of this development code are to:

A.

Provide standards for the orderly growth and development of the city that will assist in maintaining a high quality of life without causing unduly high development costs or unduly restricting private enterprise, initiative or innovation in design;

B.

Implement the Calabasas General Plan by encouraging the uses of land designated by the General Plan and avoiding conflicts between land uses;

C.

Conserve and protect the natural resources of the city;

D.

Create a comprehensive and stable pattern of development and land uses upon which to plan transportation, water supply, sewerage and other public facilities and utilities;

E.

To provide regulations for the subdivision of land in accordance with the Subdivision Map Act, Title 7, Section 4, Division 2 of the California Government Code §§ 66410-66499.58; and

F.

To provide regulations consistent with state planning and zoning laws.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

This development code is enacted based on the authority vested in the city by the state of California, including the State Constitution; California Government Code Sections 65800 et. seq.; the California Environmental Quality Act, Housing Act, Subdivision Map Act, and the Health and Safety Code.

B.

This development code is the primary tool used by the city to implement the goals, objectives and policies of the Calabasas General Plan. The Calabasas council intends that this development code be consistent with the Calabasas General Plan, and that any land use, subdivision or development approved in compliance with this development code will also be consistent with the Calabasas General Plan.

(Ord. No. 2010-265, § 3, 1-27-2010)

This development code applies to all land uses, subdivisions and development within the city as follows.

A.

New Land Uses or Structures—Changes to Existing Land Uses or Structures. It is unlawful, and a violation of this development code, for any person to establish, construct, reconstruct, alter, maintain, or replace any use of land or structure, except in compliance with the requirements of this Code.

B.

Building or Grading Permits. Building or grading permits may be issued by the city only when (i) the proposed land use and/or structure does not violate the prohibition in subsection A of this section, (ii) when the director determines that the site was subdivided in compliance with all applicable requirements of Article IV, and (iii) when proposed grading is in compliance with all applicable requirements of Title 15 of this Code.

No construction authorized by a building or grading permit shall be granted a final inspection approval or a certificate of occupancy, unless the construction and grading complies with the approved land use permit, and all applicable conditions of approval, as well as with all applicable regulations in Title 15 of this Code.

C.

Subdivision of Land. Any subdivision of land proposed within the city after the effective date of this development code shall be consistent with the minimum lot size requirements of Article II, the subdivision requirements of Article IV, and all other applicable requirements of this development code.

D.

Continuation of an Existing Land Use. An existing land use is, subject to the operation of Chapter 17.72, lawful and not in violation of subsequently adopted amendments to this development code only when established in compliance with the development code then in effect, and it continues to be conducted, operated and maintained in compliance with those regulations.

E.

Effect of Development Code Changes on Projects in Progress. The enactment of this development code or any subsequent amendments may impose different standards on new land uses than those that applied to existing development (e.g., this development code or an amendment could require more off-street parking spaces for a particular land use than the former development code provisions). The following provisions determine how the requirements of this development code apply to projects in progress at the time requirements are changed:

1.

Approved Projects not yet Under Construction. Any approved development project for which construction has not begun as of the effective date of this development code or amendment, may still be constructed as approved, as long as (i) required building permits have been obtained and remain active and construction work or (ii) activities at the site have begun before the expiration of any applicable land use permit (Section 17.64.050) or, (iii) where applicable, before the expiration of any approved time extension granted under Section 17.64.050.

2.

Approved Projects not Requiring Construction. Any approved land use not requiring construction that has not been exercised as of the effective date of this development code or any subsequent amendment, may still be exercised in compliance with its approved permit, as long as the permittee exercised the permit or entitlement prior to the expiration of (i) the time limits set forth in subsection (A) of Section 17.64.050; or any approved time extension granted pursuant to subsection (A) of Section 17.64.050. As used herein, "exercised" refers to an approved use that is substantially commenced or undertaken at a specific location prior to the date of expiration of the permit, or any extension thereof.

3.

Approved Subdivisions not yet Recorded. Any approved subdivision for which a parcel or final map has not been recorded as of the effective date of this development code or amendment, may still have a parcel or final map recorded in compliance with the approved tentative map, as long as recordation occurs before (i) the expiration date of the tentative map as set forth in Sections 17.41.300 et seq.) or (ii) any approved time extension granted under Section 17.41.320.

4.

Projects under Construction. If a permittee is constructing a structure on the effective date of this development code or any subsequent amendment, the permittee may continue to construct the structure as approved unless the applicable building permits expire or become invalid by operation of law.

F.

Other Requirements may Still Apply. Nothing in this development code eliminates the need for obtaining any other permits, licenses, approvals, or entitlements required by the city, this Code, or any county, regional, state or federal agency.

G.

Conflicting Permits and Licenses to be Void. All permits or licenses shall be issued by the city in compliance with the provisions of this development code. Any approval, permit or license issued in conflict with this development code shall be void.

H.

Application Requirements. Except for a property owner(s) or an agent of a property owner, no person may file an application for a permit, license, approval, or other entitlement under this title. The director may require any applicant to submit proof of his or her interest in the real property for which he or she is seeking a permit, license, approval or other entitlement. The director may also require an agent to submit evidence of his or her authority to act on the behalf of the property owner. In instances where an application must be filed in connection with the abatement of a violation of this development code, or any other portion of the Calabasas Municipal Code, the director may require all owners of record for the property on which the violation is located to sign the application.

(Ord. No. 2010-265, § 3, 1-27-2010)

This development code shall be administered by the Calabasas council, commission, director, development review committee, and the department, as provided in Chapter 17.70.

(Ord. No. 2010-265, § 3, 1-27-2010)

If any article, section, subsection, paragraph, subparagraph, sentence, clause, phrase or portion of this development code is for any reason held to be invalid, unconstitutional or unenforceable, these decisions shall not affect the validity of the remaining portions of this development code. The council declares that this development code and each article, chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase and portion thereof would have been adopted irrespective of the fact that one or more portions of this development code may be declared invalid, unconstitutional or unenforceable.

(Ord. No. 2010-265, § 3, 1-27-2010)

No form of development shall occur or be maintained and no new land use shall be established, allowed, or maintained unless both comply with the following requirements.

A.

Allowable Use. Table 2-2 - Land Use Table in Chapter17.11 identifies land uses authorized in each zoning district within the city.

B.

Permit Requirements. Absent an applicable exemption under Section 17.02.020, any land use permit required by this development code and any permits required by Title 15 of this Code shall be obtained before the proposed development or land use is constructed, established or put into operation. The land use permit requirements of this development code are established by Chapter 17.62.

C.

Development Standards. Every development and/or use(s) shall comply with all other applicable requirements of this development code, including Article II, and the provisions of Article III.

D.

Conditions of Approval. Development and/or use(s) shall comply with any applicable conditions imposed by any previously granted land use permit, unless those conditions are thereafter revoked or modified in accordance with the provisions in this development code. New development and/or uses shall, at all times, comply with all conditions of approval for a new land use permit that are imposed pursuant to this development code.

E.

Development Agreements. The use and/or structures shall comply with any applicable development agreement approved by the city in compliance with Chapter 17.68 or by Los Angeles County prior to city incorporation.

(Ord. No. 2010-265, § 3, 1-27-2010)

The land use permit requirements of this development code do not apply to the activities, land uses and structures identified by this section, which are allowed in all zoning districts subject to compliance with this section.

A.

General Requirements for Exemption. The activities, land uses and structures identified by subsection (B) of this section are exempt from the land use permit requirements of this development code only when:

1.

The activity, use or structure is established and operated and maintained in compliance with all applicable development standards of this title.; and

2.

Any permit or approval required by regulations other than this development code is first obtained in compliance with Section 17.02.040 of this chapter.

B.

Exempt Activities, Uses and Structures. The following activities, land uses and structures are exempt from the land use permit requirements of this development code when in compliance with subsection (A) of this section:

1.

Decks, Paths and Driveways. Unenclosed decks, platforms, on-site paths, and driveways are exempt provided they (i) do not require a building permit or a grading permit under Title 15 of this Code, (ii) are not over eighteen (18) inches above natural grade, and (iii) are not over any basement or story below.

2.

Fences—Residential, Single-Family (RS) Zoning Districts. Except for those properties within the SC overlay zone, fences in the RS zoning district are exempt as set forth in Section 17.20.100 of this title.

3.

Governmental Activities. Activities of the city are exempt. Activities of the state or the federal government on land owned or leased by a governmental agency are exempt to the extent required by state and federal law.

4.

Interior Remodeling. Interior alterations that do not increase the number of rooms or the gross floor area within a structure, or do not change the permitted use of the structure.

5.

Portable Spas, Hot Tubs and Fish Ponds. Portable spas, hot tubs and fish ponds and other similar structures, are exempt provided that do not (i) exceed one hundred twenty (120) square feet in total area, including related equipment; (ii) contain more than two thousand (2,000) gallons of water; or (iii) exceed three feet in depth.

6.

Repairs and Maintenance of Existing Lawful Structures. Repair and maintenance of existing lawful structures is exempt; provided it does not change, intensification or expansion of an approved land use of a site or structure, or does not add to, enlarge or expand a structure. Exterior maintenance and repair work shall, for structure exteriors, use the same materials and design as the original structure.

7.

Small Residential Accessory Structures. Storage sheds and other small structures in residential zoning districts shall be exempt provided they (i) comply with the building permit requirements of Title 15 of this Code, (ii) comply with the setback requirements of Section 17.20.180F.(6) of this title, and (iii) are less than one hundred twenty (120) square feet in gross floor area. Small residential accessory structures located within the scenic corridor shall also comply with the scenic corridor guidelines. Children's playground structures shall not be allowed in front yard setbacks in any residential zoning district.

8.

Utilities. The erection, construction, alteration or maintenance of underground or overhead utilities by a public utility or public agency (e.g., water, gas, electric, telecommunication, supply or disposal systems, including wires, mains, drains, sewers, pipes, conduits, cables, fire-alarm boxes, police call boxes, traffic signals, hydrants, and other similar facilities.), shall be exempted from the requirements of this development code to the extent required by state and federal law. Notwithstanding the foregoing, the route of any electrical transmission line(s) having the potential of fifty thousand (50,000) volts or more shall be subject to council review and approval prior to acquisition of rights-of-way. Satellite and cellular telephone antennas are subject to Section 17.12.050 of this title. Any construction activity within a public right-of-way shall first be reviewed by the city engineer and shall require the approval of a city encroachment permit.

9.

Walls and Retaining Walls. Concrete and masonry walls less than forty-two (42) inches in height located in residential zoning districts shall be exempt. Retaining walls retaining earth shall be exempt provided, the grade changes are thirty-six (36) inches or less and Title 15 of this Code do not require a grading permit. The foregoing exempt walls shall comply with all applicable provisions of Section 17.20.100 of this title.

(Ord. No. 2010-265, § 3, 1-27-2010; Ord. No. 2012-297, § 1(Att. A), 5-23-2012)

Requirements for establishing a temporary use (e.g., construction yards, seasonal sales lots, special events, temporary office trailers, etc.) are in Section 17.62.030.

(Ord. No. 2010-265, § 3, 1-27-2010)

An allowed structure or land use that is exempt from a land use permit, or that has been granted a land use permit, may still be required to obtain other permits before construction or installation work for the structure is started, or the use or activity is established or put into operation. Nothing in this chapter shall eliminate the need to obtain any permits or approvals required by:

A.

Other provisions of this Code, including: building, grading or other construction permits required by Title 15; a business licenses if required by Title 5; or subdivision approvals if required by Article IV;

B.

Los Angeles County, any special district, or any regional, state or federal agency. All permits and approvals required by law from such agencies or districts having concurrent jurisdiction shall be obtained prior to the commencement of work on any allowed structures or establishing new uses.

(Ord. No. 2010-265, § 3, 1-27-2010)

This chapter provides rules for resolving questions about the meaning or applicability of any part of this development code. The provisions of this chapter are intended to ensure the consistent interpretation and application of the provisions of this development code and the General Plan.

(Ord. No. 2010-265, § 3, 1-27-2010)

A.

Authority. The director is assigned the responsibility and authority to interpret the requirements of this development code.

B.

Language.

1.

Terminology. When used in this development code, the words "shall," "must," "will," "is to" and "are to" are always mandatory. "Should" is not mandatory but is strongly recommended; and "may" is permissive. The present tense includes the past and future tenses; and the future tense includes the present. The singular number includes the plural number, and the plural the singular, unless the natural construction of the word indicates otherwise. The words "includes" and "including" shall mean "including but not limited to..."

2.

Number of Days. Whenever a number of days is specified in this development code, or in any permit, condition of approval or notice issued or given as provided in this development code, the number of days shall be construed as calendar days. Time limits will extend to the following working day where the last of the specified number of days falls on a weekend or holiday.

3.

Minimum Requirements. When interpreting and applying the regulations of this development code, all provisions shall be considered to be minimum requirements, unless stated otherwise (e.g., height limits and site coverage requirements for structures, and the numbers and size of signs allowed are maximums, not minimums).

C.

Zoning Map Boundaries. If there is uncertainty about the location of any zoning district boundary shown on the official zoning map, the following rules are to be used in resolving the uncertainty:

1.

Where district boundaries approximately follow lot, alley or street lines, the lot lines and street and alley centerlines shall be construed as the district boundaries;

2.

If a district boundary divides a parcel and the boundary line location is not specified by distances printed on the zoning map, the location of the boundary will be determined by using the scale appearing on the zoning map; and

3.

Where a public street or alley is officially vacated or abandoned, the property that was formerly in the street or alley will be included within the zoning district of the adjoining property on either side of the centerline of the vacated or abandoned street or alley.

D.

Allowable Uses of Land. If a proposed use of land is not specifically listed in Table 2-2 - Land Use Table of Chapter 17.11, the use is prohibited except as allowed by Section 17.11.020.

E.

Conflicting Requirements.

1.

Development Code and Municipal Code Provisions. If conflicts occur between requirements of this development code, or between this development code and other regulations of the city, the most restrictive shall apply.

2.

Development Agreements or Specific Plans. If conflicts occur between the requirements of this development code and standards adopted as part of any development agreement or specific plan, the requirements of the development agreement or specific plan shall apply.

3.

Private Agreements. This development code applies to all land uses and development regardless of whether it imposes a greater or lesser restriction on the development, maintenance, or use of structures or land than a private agreement or restriction, without affecting the applicability of any agreement or restriction. The city shall not enforce any private covenant or agreement unless it is an express party and signatory to the covenant or agreement.

(Ord. No. 2010-265, § 3, 1-27-2010)

Whenever the director determines that the meaning or applicability of any of the requirements of this development code are subject to interpretation generally or as applied to a specific case, the director may issue an official interpretation. Interpretations may also be requested, by any interested party, in compliance with this section. Notwithstanding any provision in this chapter, a determination by the director or department staff, pursuant to Section 17.80.020 or another section, that a person is violating this development code is not subject to a request for interpretation, nor is that determination appealable to the commission or to the council, or subject to a call for review.

A.

Request for Interpretation. A request shall be written and filed within ten (10) days of any action by the department involving the provision which is the subject of the request. The written request shall specifically state the provision(s) in question, and may provide any additional information to assist in the review of the request.

B.

Record of Interpretations. If the director determines that a provision of this development code requires refinement or revision, an amendment to this development code should be made as soon as is practical. Until amendments can occur, the director will maintain a complete record of all official interpretations, which shall be available for public review, and indexed by the section number. Official interpretations shall be:

1.

In writing, and shall quote the provisions of this development code being interpreted, and explain their meaning or applicability in the particular or general circumstances that caused the need for interpretation; and

2.

Distributed to the council, commission, city attorney, city clerk and department staff.

C.

Appeals and Referral. Any interpretations of this development code by the director may be appealed to the commission as provided by Chapter 17.74. The director may also refer any interpretation to the commission for a determination. Any interpretation by the director may be called up for review by the commission or council in accordance with Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)