The planned development permit process is intended to protect the integrity and character of the residential, commercial and industrial areas of the City through the application of the provisions of this Chapter, consistent with the objectives, policies, general land uses and programs of the Westlake Village General Plan. At the time of application for a planned development permit, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to established standards. This review shall determine whether the permit should be approved by weighing the public need for and the benefit to be derived from the use against the impacts it may cause.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-010; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

A planned development permit shall be required for all new uses and structures within the R1, RPD and MHP Zone, however, none shall be required for alterations to an existing single-family home.

A planned development permit shall be required for proposed additions to a single-family home in excess of one thousand (1000) square feet or fifty (50) percent of the total area of such home, whichever is less.

A planned development permit shall be required under the following circumstances for property within the CPD, CR, BP, OS and PI Zones:

1.

For a new structure.

2.

For significant enlargements or significant exterior alterations of an existing structure for which a planned development permit has never been issued.

3.

For any change in use of a structure or a parcel of land for which a planned development permit has never been issued.

4.

For temporary structures, in conjunction with existing, permanent facilities and occupying the same lot or parcel as said permanent facilities.

A change of use which is similar in nature to a previously-permitted use or an exterior alteration which maintains the same architectural character or theme and minor additions not to exceed five hundred (500) square feet which maintain the same architectural character or theme may be allowed through the issuance of a zone clearance, subject to the approval of the Planning Director and City Manager.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-020; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90)

Application for a planned development permit shall be made according to Chapter 9.35 of this Article.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-030; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

All planned development permits shall be subject to approval, modification or rejection by the Commission.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-040; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

Upon receipt in proper form of a planned development permit application, a public hearing shall be set and a notice of such hearing given in a manner consistent with the requirements contained in Chapter 9.32 of this Article.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-050; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

The final decision-making body may impose such conditions on a planned development permit as are necessary to protect the public health, safety and welfare. Furthermore, the final decision-making body shall impose specific development conditions relating to both on- and off-site improvements (i.e., streets, traffic control devices, street lighting, fire hydrants, etc.) upon a planned development permit as it finds are reasonable and necessary to carry out the purpose and requirements of the respective zone.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-060; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90)

The Building Bulk provisions prescribed in the various zones shall not apply to uses approved as part of a planned development permit. In granting a planned development permit, the Commission shall prescribe the setbacks and related landscape requirements, or maximum lot coverage. Where the Commission fails to specify said setbacks and related landscape requirements, or maximum lot coverage, those provisions applicable to principle permitted uses in the specific zone shall be deemed to be so specified. The Commission may prescribe maximum heights lower than otherwise allowed in the zone, but heights greater than permitted in the zone may be allowed only upon approval of a variance under Chapter 9.27.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-070; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)

Following a public hearing on a planned development permit application, the decision-making body vested with the authority for final determination may approve the application only if the findings of fact below can be made in a positive manner.

1.

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

2.

With the application of appropriate conditions, the proposed use would not impair the integrity and character of the zone in which it is to be located.

3.

With the application of appropriate conditions, the subject site would be physically suitable for the type of land use being proposed.

4.

With the application of appropriate conditions, the proposed use would be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located.

5.

With the application of appropriate conditions, there would be adequate provisions for water, sanitation and public utilities and services to insure that the proposed use would not be detrimental to public health and safety.

6.

With the application of appropriate conditions, there would be adequate provisions for public access to serve the subject proposal.

7.

With the application of appropriate conditions, the proposed use would be consistent with the objectives, policies, general land uses and programs of the Westlake Village General Plan.

8.

With the application of appropriate conditions, the proposed use would not be detrimental to the public interest, health, safety, convenience or welfare.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-080; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90)

To ensure continued compliance with the provisions of this Section, each approved planned development permit shall contain a condition requiring a specific time limit for use inauguration. One or more extensions of time for use inauguration may be requested by the applicant in the same manner prescribed for obtaining a planned development permit.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-090; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90)

No permit shall be issued for any use involved in an application for approval of a planned development permit until and unless the planned development permit has been approved on a final basis.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-100; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90)

A planned development permit shall be considered to have expired if the use for which the permit was granted ceased or was suspended for twelve (12) or more successive calendar months. The Commission may extend the approval of a permit for an additional twelve (12) months following a public hearing.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-110; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90)

The City may initiate and the Commission shall hold a public hearing upon the question of revocation or modification of a planned development permit granted pursuant to the provisions of this Section. Notice of such hearing shall be given pursuant to Chapter 9.32 of this Article and shall be served in writing either in person or by registered mail on the owner of the property for which such planned development permit was granted at least ten (10) days prior to such public hearing.

A planned development permit may be revoked or modified if the City Council finds that one or more of the following conditions exists:

1.

The planned development permit was obtained in a fraudulent manner.

2.

One or more of the conditions of the planned development permit have not been complied with.

3.

A public nuisance exists.

In addition, after a Planned Development Permit has been granted, modification of the conditions of the permit, including additions or deletions, may be considered upon filing of an application by the owner of the subject property or his authorized representative. Consideration shall only be given to those matters raised in the application including any mitigation measure or condition associated therewith. Modification shall only be granted if the Commission finds, after a public hearing, that the modification is consistent with the provisions of the Section and will not be detrimental to the public health, safety and welfare.

(Ord. No. 51, Amended, 04/10/84; Ord. No. 53, Amended, 06/13/84; Ord. No. 56, Amended, 04/10/85; Ord. No. 58, Renumbered, 08/14/85, 9-1-23-120; Ord. No. 82, Amended, 05/11/88; Ord. No. 108, Amended, 07/24/90; Ord. No. 192-05, Amended, 3/9/05)