Article 18 — Application Filing and Processing

The purpose of Articles 18 through 35 of this chapter is to outline procedures together with various land use permit options, in addition to providing for amendments to the General Plan, the Zoning Map, and these Zoning Regulations.

Table 4-1 identifies the full range of land use permit options and applicable review authority.

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Table 4-1
THRESHOLD OF REVIEW
Planning
Type of Application Director (1) Commission City Council
Amendments (e.g., General Plan, R R (2) F
Zoning Map, and Zoning Text
Conditional Use Permits R F A
Design Review Permits R F A
Development Agreements R R (2) F
Home Occupation Permits F A A
Interpretations Issuance A A
Lot Line Adjustments F A A
Minor Conditional Use Permits F A A
Minor Variances F A A
Development Permits R F A
Planned Development Permits R F A
Sign Permits Issuance A A
Specific Plans R R (2) F
Temporary Use Permits F A A
Tentative, Parcel, and Final Maps R R F
Variances R F A
Zoning Clearances Issuance A A
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Key:

• R Review and recommendation body

• F Final decision-making body

• A Appeal body

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.1801

§ 10-2.1804

Notes:

1. The Director may defer action and refer any entitlement application to the Commission for final determination.

2. Commission recommends to Council for final determination.

3. The Department's design review process is an integral part of the review and recommendation process for all discretionary entitlements.

THE ENTITLEMENT REVIEW PROCESS

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(§ 3, Ord. 771, eff. February 13, 2004)

• (a) An applicant for a development project, which requires the filing of more than one application, shall file all related applications concurrently, unless waived by the Director, and submit appropriate processing deposits/fees in compliance with Section 10-2.1806

• (b) Permit processing and environmental/design review shall be concurrent and the final decision on the project shall be made by the highest level of review authority, in compliance with Table 4-1. For example, a project requiring a conditional use permit and a variance shall be determined by the Commission, while a project requiring a planned development permit and a tentative tract or parcel map shall ultimately be determined by the Council.

• (§ 3, Ord. 771, eff. February 13, 2004)

• (a) A prospective applicant is strongly encouraged to request a pre-application conference with the Department before submittal of a single land use permit application.

• (b) This conference should take place before any substantial investment (e.g., land acquisition, site, engineering and construction plans) in the preparation of the proposed development project application. During the conference, the Department representatives shall inform the applicant of applicable General Plan policies, plans, and requirements as they apply to the proposed development project, review the appropriate procedures identified in these Zoning Regulations, and examine possible alternatives or modifications relating to the proposed project. Preliminary evaluation of environmental issues and potential technical studies relating to future environmental review should be identified.

• (c) Neither pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval/disapproval by the Department representative(s). A fee may be imposed for the pre-application conference in compliance with the City's fee resolution.

• (§ 3, Ord. 771, eff. February 13, 2004)

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City of Ojai, CA § 10-2.1804

OJAI CODE

§ 10-2.1805

• (a) A prospective applicant is strongly encouraged to request a "concept review" from the Department for all development projects involving multiple permit applications or complex land use issues.

• (b) The applicant should examine the advantages of utilizing a publicly-noticed concept review process in order to obtain necessary neighborhood input at the earliest possible stages of concept design and planning.

• (c) The publicly-noticed concept review process is strongly encouraged for residential projects containing four or more dwelling units and nonresidential projects containing 10,000 square feet or more of total building area.

• (§ 3, Ord. 771, eff. February 13, 2004)

• (a) Filing procedure. Applications for amendments, entitlements, and other matters pertaining to these Zoning Regulations shall be filed with the Department in the following manner:

  • (1) The application shall be made on forms furnished by the Department.

  • (2) All necessary fees and/or deposits shall be paid in compliance with the City's fee resolution.

  • (3) The application shall be accompanied by the information identified in the Department handout for the particular application, and may include address labels, exhibits, maps, materials, plans, reports, and other information required by the Department, to describe clearly and accurately the proposed work, its potential environmental impact, and its effect on the terrain, existing improvements, and the surrounding neighborhood.

  • (4) Applicants are encouraged to contact the Department before submitting an application to verify which materials are necessary for application filing.

  • (5) Acceptance of the application does not constitute an indication of approval by the City.

• (b) Eligible applicants.

  • (1) Applications may only be made by the owners or lessees of property, or their agents, with the written consent of the owner; or

  • (2) Persons who have contracted to purchase or lease property contingent upon their ability to acquire the necessary entitlements in compliance with these Zoning Regulations.

• (c) Evidence to support findings. It is the responsibility of the applicant to establish the evidence in support of the findings required by the applicable sections entitled "Findings and Decision."

• (d) Failure to support a prima facie right.

  • (1) If the Director determines that the application does not support a prima facie right to

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.1805

§ 10-2.1806

the granting of the application (e.g., a request for a Zoning Map amendment or tentative map that could not be granted in the absence of a required General Plan amendment application, a request for a conditional use permit allowing a use that is not allowable in the subject zoning district), the applicant shall be so informed.

• (2) If the application is subsequently filed and the required fee(s) paid, the fact that the applicant was so informed shall be noted on the application and the signature of the applicant shall constitute verification of being informed.

• (3) Acceptance of the application does not constitute an indication of approval by the City.

• (e) Filing date. The filing date of an application shall be the date on which the Department receives the last submittal, map, plan, or other material required as a part of that application by subsection (a) above in compliance with Section 10-2.1807, and deemed complete by the Director.

• (§ 3, Ord. 771, eff. February 13, 2004)

• (a) Filing fees required.

  • (1) The Council shall, by resolution, establish a schedule of fees for amendments, entitlements, and other matters pertaining to these Zoning Regulations, referred to as the City's fee resolution.

  • (2) The schedule of fees may be changed only by resolution of the Council.

  • (3) The City's processing fees are cumulative. For example, if an application for a parcel map also requires a variance, both fees shall be charged.

  • (4) Unusually large or complex projects may be subject to an hourly rate in addition to the basic application fees/deposit.

  • (5) Processing shall not commence on an application until all required fees/deposits have been paid.

  • (6) Without the application fee, or a deposit if appropriate, the application shall not be deemed complete.

  • (7) The City is not required to continue processing any application unless additionally required fees/deposits (e.g., additionally required "real cost" deposits) are paid in full.

  • (8) Failure to pay the applicable fees/deposits is grounds for disapproval of the application.

  • (9) Conditional use permits, lot line adjustments, and other similar legal documents shall not be recorded by the City until all required fees have been paid in full.

• (b) The Council may waive any of the fees required by the City's fee resolution for sufficient cause being demonstrated by the applicant. The determination of what shall constitute "sufficient cause" shall be at the discretion of the Council. Factors to be considered include:

  • (1) The required fees are deemed disproportionate to the value of the proposed project

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City of Ojai, CA § 10-2.1806

OJAI CODE

§ 10-2.1807

which is subject to the application;

• (2) The subject application is deemed to be clearly erroneous or based upon a mistake of fact or law;

• (3) Substantial doubt exists as to the need for the application; or

• (4) The applicant is a non-profit organization proposing a project that would significantly benefit or enhance publicly-owned lands.

• (c) Refunds and withdrawals.

  • (1) Recognizing that filing fees are utilized to cover City costs of public hearings, mailing, posting, transcripts, and staff time involved in processing applications, no refunds due to disapproval are allowed.

  • (2) In the case of a withdrawal, the Director may authorize a partial refund based upon the prorated costs to-date and determination of the status of the application at the time of withdrawal.

• (d) School facilities fees are identified in Title 10, Chapter 8 of the Municipal Code.

• (e) Impact fees are identified in Title 10, Chapter 9 of the Municipal Code.

• (f) Specific plan fees are identified in Title 10, Chapter 10 of the Municipal Code.

• (g) In lieu parking facilities fees are identified in Title 10, Chapter 13 of the Municipal Code. (§ 3, Ord. 771, eff. February 13, 2004)

All applications filed with the Department shall be initially processed as follows:

• (a) The Director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.

  • (1) The applicant shall be informed in writing within 30 days of submittal, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in the letter, shall be provided.

  • (2) Where the Director has determined that an application is incomplete, and the applicant believes that the application is complete and/or that the information requested by the Director is not required, the applicant may appeal the determination in compliance with Article 30 of this chapter.

  • (3) When an application is incomplete, the time used by the applicant to submit the required additional information shall not be considered part of the time within which the determination of completeness shall occur. The time available to an applicant for submittal of additional information is limited by subsection (a)(4) of this section.

  • (4) Expiration of application.

    • (A) If a pending application is not able to be deemed complete within 180 days after the first filing with the Department, the application shall expire and be deemed withdrawn.

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.1807

§ 10-2.1808

• (B) The Director may grant one 180-day extension.

• (C) A new application, including exhibits, fees, plans, and other materials which shall be required to commence processing of a project application on the same property, may then be filed in compliance with these Zoning Regulations.

• (D) If the applicant disagrees with the determination of the Director that the application is not able to be deemed complete, the applicant may appeal the determination, in compliance with Article 30 of this chapter.

• (5) After an application has been accepted as complete, the Director may require the applicant to submit additional information needed for the environmental review of the project in compliance with Section 10-2.1808

• (6) An application shall not be deemed complete, and/or shall not be processed or approved, in the event that a condition exists on the subject property in violation of these Zoning Regulations or any entitlement granted in compliance with these Zoning Regulations, other than an application for the entitlement, if any, needed to correct the violation.

• (b) At the discretion of the Director, or where otherwise required by these Zoning Regulations, State, or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

• (§ 3, Ord. 771, eff. February 13, 2004)

• (a) After acceptance of a complete application, the project shall be reviewed in compliance with the CEQA and/or the City's environmental review procedures. The City's environmental review procedures follow CEQA guidelines unless a project is proven exempt, in which case, permits will be subject to City environmental guidelines, which follow State CEQA guidelines to determine whether:

  • (1) The proposed project is exempt from the requirements of CEQA;

  • (2) The proposed project is not a project as defined by CEQA;

  • (3) Whether a negative declaration may be issued; or

  • (4) Whether an environmental impact report (EIR) shall be required.

• (b) These determinations and, where required, the preparation of initial studies and EIRs, shall be in compliance with the City's and/or CEQA environmental review procedures.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 65, Ord. 941, eff. November 10, 2023)

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City of Ojai, CA