Calabasas passes new laws on home additions, new housing in Highlands, Topanga
By Sharon Makokian
Acorn Staff Writer

Despite continuous discord between homeowners and landowners in the Old Topanga and Calabasas Highlands areas of Calabasas, the city council recently approved a controversial ordinance requiring more restrictive regulations for new homes built in those areas.

Since May 17, the Old Topanga and Calabasas Highlands overlay zones have been under a building moratorium established by the Calabasas City Council as an emergency measure. That temporary action was taken after some areas had septic problems. It was a stopgap measure until the new regulations could be hammered out. The moratorium ends on Jan. 31 and the city wanted to finalize the new ordinance before then.

Early last summer, city staff held informational meetings for residents who would be affected by the moratorium and new building codes. The staff then created working groups comprised evenly of existing homeowners and vacant landowners. Although they worked together with city staff to devise the new building codes, the two sides still appeared to be at odds.

Arguments at a recent council meeting rehashed the same issues that appeared in extensive community and planning commission meetings. Planning commissioners had stamped their approval on the new ordinance in November and sent it to councilmembers for final approval this month.

The existing homeowners contend that the new regulations are needed to prevent overbuilding on the small "cabin lots" in Old Topanga and on the highly sloped lots in the Calabasas Highlands. Investors and landowners, who own undeveloped lots in those areas, argued that the new regulations would hurt them financially and considered them unfair restrictions on the use of their property. The homeowners were concerned with several issues, including failed septic systems, which caused the emergency moratorium in the first place.

According to planning consultant Joyce Parker-Bozlinski, the new rules would limit homes in the Calabasas Highlands region to a maximum of 3,500 square feet, depending on the lot size. The maximum footprint was established because citizens felt that some of the new homes built in the Highlands were too big. The new rules also changed the way height would be calculated and setbacks measured. Fire prevention was the major reason for deeper setbacks.

Allowable building size also was reduced in the Old Topanga region. Under the new rules, the maximum house size would also be 3,500 square feet, but most of the lots there are small. House sizes would be restricted even more on smaller parcels, according to the proposed ratios of footprint to lot size.

Regulations about septic tanks were made more stringent in the Old Topanga overlay zone, which doesn’t have a sewer system.

The Calabasas Highlands area has a sewer, but only homes within 200 feet of the line were required to connect. Under new requirements, all new homes must connect to sewer lines and any homes with new additions meeting a certain size and include additional plumbing fixtures will also be required to hook up to the sewer system.

Speakers at the podium were divided on the issue at the recent meeting. Some became quite emotional.

Robert Larson, a landowner with a vacant lot in the Highlands, was one of many landowners who wanted a continuance on the decision. Because the old rules had only been in place when the overlay zones were designated in 1998, Larson felt more time was needed to see if they could work.

But Andrew MacKenzie, a Highlands resident and homeowners’ association member, said the new regulations were needed to strengthen the old ones.

"The proposal essentially closes loopholes from the prior standards," he said.

MacKenzie said he’d wanted even more restrictive rules, to keep the area "semi-rural," as preferred in the city’s General Plan.

"The conflict of preservation versus development formed (the cityhood of) Calabasas 10 years ago, to protect the area from development," he said.

Highlands owner Glenn Sokol was vehemently against homeowners’ associations, calling them "Little Napoleons" and stating that "the majority of the property owners don’t agree with them." "It’s unfair, unjust and uncalled for that others have their piece of the pie—NIMBYs ("Not In My Back Yard").

But City Councilwoman Leslie Devine told the group that there should be no difference between the two factions.

"Nimby homeowners versus landowners—they’re all landowners. This division doesn’t make sense," she said. "Let the land dictate (the use)," she said.