Article 23 — Planned Development Permits

The purpose of Title 10, Chapter 2, Article 23 (Planned Development Permits) is to provide a means for encouraging creative and innovative development projects and to afford maximum flexibility in site planning/property development, while protecting the integrity and character of the City and ensuring consistency with the General Plan. At the time of application submittal, a review of the configuration, design, location and effect of the proposed use shall be conducted by comparing the use to established development/site standards. This review shall determine whether the permit should be approved by weighing the public need for, and the benefit(s) to be derived from, the proposed use against the potential negative effects it may cause.

• (a) Title 10, Chapter 2, Article 23 (Planned Development Permits) is intended to promote and encourage flexibility in all the City's zoning districts relating to property development, design, and open space areas, while protecting the public convenience, health, integrity, interest, safety, welfare, and character of the City, and ensuring consistency with the actions, goals, objectives, and policies of the General Plan and any applicable Specific Plan.

• (b) Planned development permits are encouraged and expected to produce a comprehensive development of greater quality and imaginative land planning concepts than that normally resulting from more traditional development.

• (c) Variety of land uses.

  • (1) In compliance with the General Plan designation(s) for the subject site(s), the planned development permit may include an appropriate combination of different dwelling types and a variety of land uses which complement each other and harmonize with the existing and proposed land uses in the surrounding neighborhood.

  • (2) The provisions are intended to encourage a diversity of open space relationships and structure heights in planned groups while ensuring substantial compliance with the purpose and spirit of these Zoning Regulations.

• (d) Project review shall determine whether the permit should be approved by weighing the public need for, and the benefit(s) to be derived from, the proposed development against the potential negative effect(s) it may cause.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 70, Ord. 941, eff. November 10, 2023)

A pre-application conference is strongly encouraged, and should be conducted in compliance with Section 10-2.1803.

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

• (a) The application for a planned development permit shall:

  • (1) Be filed at the discretion of the applicant;

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City of Ojai, CA § 10-2.2303

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§ 10-2.2304

• (2) Be considered by the Commission;

• (3) Be required for all development proposals incorporating flexibility in the City's residential, commercial, and/or industrial zoning districts relating to property development, design, and open space areas;

• (4) Not authorize a land use activity that is not allowed in the respective zoning district;

• (5) Ensure strict compliance with the purpose of the actions, goals, objectives, and policies of the General Plan and any applicable Specific Plan shall be required;

• (6) Be applied to areas under single or unified ownership or control;

• (7) Not be applied to any parcel having a net area of less than five acres. This limitation shall not apply to parcels within the VMU Zoning District. Furthermore, the Commission may modify this requirement if it determines that the proposed development project is suitable for development as a single unit. Factors to be considered include the location of the development with respect to public streets and public open spaces; and

• (8) May propose the modification of specified development standards.

  • (A) The Commission may adjust or modify, where necessary and justifiable, all applicable development standards (e.g., building envelope, parking, street layout) identified in these Zoning Regulations, with the exception of an increase in the applicable density/intensity provisions.

  • (B) Developments proposing increased density and/or intensity standards may only be approved by the Council in compliance with Title 10, Chapter 2, Article 9 (Affordable Housing Requirements and Incentives).

  • (C) Developments in the VMU Zoning District proposing increased lot coverage over 50% or floor area ratio over 0.50 may only be approved by the City Council in compliance with Title 10, Chapter 2, Article 5 (Commercial and Manufacturing Zoning Districts).

• (b) The application for a planned development permit shall be filed in compliance with Section 10-2.1805 (Application filing).

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 10, Ord. 826, eff. June 28, 2013, and § 71, Ord. 941, eff. November 10, 2023)

The provisions of this article apply to all property identified in the General Plan with one of the following designations:

• (a) Special Housing Overlay (SPL) for projects with densities in excess of 20 dwelling units per acre;

• (b) Manufacturing Planned Development (MPD);

• (c) Village Mixed-Use (VMU) for projects in excess of the basic allowance set forth in Table 2-5 of Section 10-2.504.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 11, Ord. 826, eff. June 28, 2013, and

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.2304

§ 10-2.2307

• § 72, Ord. 941, eff. November 10, 2023)

Each application shall be analyzed to ensure that it is consistent with the purpose of this article and the City's CEQA guidelines. To ensure effective implementation of General Plan policies relating to design, each application shall be reviewed in compliance with Article 20 of this chapter before determination by the Commission. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by Commission. (§ 3, Ord. 771, eff. February 13, 2004)

Upon receipt in proper form of a planned development permit application and compliance with the City's CEQA guidelines, a hearing shall be set and notice of the hearing given in compliance with Article 29 of this chapter for all applications subject to Commission review. (§ 3, Ord. 771, eff. February 13, 2004)

Following a hearing, the Commission shall record the decision in writing and shall recite the findings upon which the decision is based. The Commission may approve a planned development permit in whole or in part, and shall impose specific development conditions. These conditions shall relate to both on- and off-site improvements that are necessary to accommodate flexibility in site planning/property development, mitigate project-related adverse effects, and to carry out the purpose and requirements of the respective zoning district. The Commission may approve a planned development permit only if all of the following findings are made:

• (a) The proposed development is:

  • (1) Allowed within the respective zoning district;

  • (2) Generally in compliance with all of the applicable provisions of these Zoning Regulations relating to both on- and off-site improvements that are necessary to accommodate flexibility in site planning and property development and to carry out the purpose and requirements of the respective zoning district, including prescribed development standards and applicable design guidelines; and

  • (3) Consistent with the actions, goals, objectives, and policies of the General Plan.

• (b) The proposed project would produce a comprehensive development of stable and desirable character and superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities) than which might otherwise occur from more traditional development applications.

• (c) The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest,

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City of Ojai, CA § 10-2.2307

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§ 10-2.2311

safety, or welfare, or injurious to the property or improvements in the vicinity and the respective zoning district.

• (d) The design, location, and proposed uses would be compatible with the character of existing development in the surrounding neighborhood.

• (e) The subject site is:

  • (1) Physically suitable for the type and density/intensity of development being proposed;

  • (2) Adequate in shape and size to accommodate the use and all fences and walls, landscaping, loading, parking, yards, and other features required by these Zoning Regulations; and

  • (3) Served by streets adequate in width and pavement type to carry the quantity and type of traffic expected to be generated by the proposed development, and not result in any substantial traffic congestion on surrounding streets.

• (f) The proposed project has been reviewed in compliance with the provisions of CEQA and/ or the City's environmental review procedures.

• (g) There would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a statement of overriding considerations is adopted by the Commission.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 73, Ord. 941, eff. November 10, 2023)

• (a) Within 12 months of planned development permit approval, the permit shall be exercised in compliance with Article 32 of this chapter or the permit shall be deemed void.

• (b) If the application for the planned development permit also involves the approval of a tentative map, the permit shall be exercised before the expiration of the companion tentative map.

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

The Director or the Commission, as appropriate, may, upon an application being filed before expiration and for good cause, grant a one time extension not to exceed 12 months, in compliance with Title 10, Chapter 2, Article 32 (Time Limits and Extensions).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 74, Ord. 941, eff. November 10, 2023)

No permit shall be issued for any use involved in an application for a planned development permit until, and unless, the same shall have become final, in compliance with Section 10-2.2910.

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

An approved planned development permit may be modified in compliance with Section

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.2311

§ 10-2.2314

10-2.1805 (Application filing), subsection (c). Minor modifications to an approved permit may be approved by the Director, in compliance with Title 10, Chapter 2, Article 31 (Changes to an Approved Project).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 75, Ord. 941, eff. November 10, 2023)

The development project's applicant/owner may be required to provide adequate performance security for the faithful performance of any/all conditions of approval imposed by the review authority.

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

The Commission may revoke or modify a planned development permit in compliance with Article 34 of this chapter.

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

All applications shall be subject to the applicable provisions of these Zoning Regulations, including the procedures identified in the following: Section 10-2.1805, Application filing; Article 29, Public Hearings; Article 30, Appeals; Article 31, Changes to an Approved Project; Article 32, Time Limits and Extensions, and Article 34, Revocations and Modifications. (§ 3, Ord. 771, eff. February 13, 2004)

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City of Ojai, CA