Article 27 — Amendments

• (a) The purpose of Title 10, Chapter 2, Article 27 (Amendments) is to provide procedures for:

  • (1) General Plan amendments that may include revisions to actions, goals, land use designations, policies, or text;

  • (2) Zoning Map amendments that has the effect of rezoning property from one zoning district to another; and

  • (3) Amendments of these Zoning Regulations that may modify any procedures, provisions, requirements, or standards, applicable to the development, and/or use of property within the City.

• (b) The amendments may be approved by the Council whenever required by public convenience, health, interest, safety, or welfare of the City.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 88, Ord. 941, eff. November 10, 2023)

• (a) Before the filing of a formal amendment application the applicant shall file a pre-submittal application and fee deposit with the Department. The Director shall review the submittal and prepare a report/recommendation to the Commission. Following their review the Commission shall forward a report/recommendation to the Council. The Council shall review/screen the recommendation and make a determination as to the general appropriateness of the request. The review shall identify the consistent and inconsistent issues with the proposed amendment.

• (b) A prospective applicant is strongly encouraged to request a "concept review" from the Department before filing a formal amendment application.

• (c) An applicant for an amendment which requires one or more additional land use applications shall file all related applications concurrently with the amendment request in compliance.

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

An application for an amendment shall be filed in compliance with Section 10-2.1805. (§ 3, Ord. 771, eff. February 13, 2004)

Upon receipt in proper form of an amendment application, or upon initiation by the Director, Commission, or Council, and following Department review and compliance with the City's CEQA guidelines, public hearings shall be set before the Commission or Council, as appropriate. Notice of the hearings shall be given in compliance with Title 10, Chapter 2, Article 29 (Public Hearings).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 89, Ord. 941, eff. November 10, 2023)

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City of Ojai, CA § 10-2.2705

OJAI CODE

§ 10-2.2708

The Commission shall make a written recommendation to the Council on the proposed amendment whether to approve, approve in modified form, or disapprove, based upon the findings identified in Section 10-2.2707.

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

• (a) Upon receipt of the Commission's recommendation, the Council may approve, approve in modified form or disapprove the proposed amendment based upon the findings identified in Section 10-2.2707.

• (b) Any changes to the amendment that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Zoning Map and Zoning Regulations amendments]).

• (c) Failure of the Commission to report within 40 days (General Plan amendments) or 45 days (Zoning Map and Zoning Regulations amendments) after the referral, or a longer period set by the Council, shall be deemed a recommendation for the approval of the changes.

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

An amendment to the General Plan, the Zoning Map, or these Zoning Regulations, may be approved only if the following findings are made, as applicable to the type of amendment in compliance with State law (Government Code Section 65800, et seq.). It is the responsibility of the applicant to establish evidence in support of the required findings.

• (a) Mandatory findings required for all amendments (e.g., General Plan, Zoning Map, and these Zoning Regulations).

  • (1) The proposed amendment ensures and maintains internal consistency with the actions, goals, objectives, and policies of the General Plan, and would not create any inconsistencies with these Zoning Regulations, in the case of an amendment of these Zoning Regulations;

  • (2) The proposed amendment would not be detrimental to the public convenience, health, interest, safety, or welfare of the City; and

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

• (b) Additional finding for Zoning Map amendments. The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

• (c) Additional finding for amendments of these Zoning Regulations. The proposed amendment is internally consistent with other applicable provisions of these Zoning Regulations.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 90, Ord. 941, eff. November 10, 2023)

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City of Ojai, CA

PLANNING AND ZONING

§ 10-2.2708

§ 10-2.2709

No mandatory element of the General Plan may be amended more than four times during any calendar year in compliance with State law (Government Code Sections 65350, 65354.5, and 65358).

(§ 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.

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

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City of Ojai, CA