Article 3 — Findings

Ojai Municipal Code · 2026-07 edition · updated 2026-09-27 · Ojai

§ 10-6.301. Findings.¶

(a) The City has heretofore adopted a General Plan, specific plans and its official zoning ordinance, all of which regulate all uses of property in the City, including those properties which are residentially zoned.
(b) For many years, the City experienced intense rapid fluctuating residential development which adversely affected:
- (1) Local air quality;
- (2) The capacity of the streets and local freeway system to meet traffic demands;
- (3) The capacity of schools to provide proper uncrowded facilities for the education of children;
- (4) The semi-rural character of the community;
- (5) The quality of life prevalent in the City;
- (6) The cost to residents of public services;
- (7) The availability of adequate infrastructure, including, without limitation, water, sewer and utilities;
- (8) The natural environment; and
- (9) Public health.
(c) The City is located in a non-attainment area of the County for ozone and particulates and continues to experience days when its air contains contaminants which violate State and Federal clean air standards.
(d) In 1979, the Former Plan was approved by the City Council of the City having the effect of enacting Chapter 6 of Title 10 of the Ojai Municipal Code. The Former Plan was intended to provide a steady annual residential growth rather than a fluctuating overly rapid rate of growth, in order that services provided by the City, the schools, the public utilities and other service agencies could be properly managed so as to avoid overextending those facilities and in order to meet the requirements of the Federal Clean Air Act of 1977.
(e) The Former Plan has achieved with some measure of success the purposes as described therein in that the Former Plan permitted a steady rate of residential growth within the City while at the same time established a method by which the City's share of regional housing stock was provided and the number of days that the City's air has exceeded State and Federal air quality standards declined.
(f) The Former Plan expired by its own terms on March 27, 2000. The City Council has heretofore directed the City staff and its Planning Commission to study the question of whether a need exists to continue the type of regulation included in the Former Plan.
(g) The staff has prepared a study and has submitted the same to the Planning Commission,

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City of Ojai, CA

PLANNING AND ZONING

§ 10-6.301

which demonstrates that the continuation of the type of regulations set forth in the Former Plan is necessary for the public health, safety and welfare of the City.

(h) The Planning Commission has conducted a public hearing on the matter and concluded that the plan is required to protect the public health, safety and welfare of the City and has recommended the adoption of the same for a 10 year period.
(i) The Planning Commission concluded that the continuation of the regulations set forth in the plan which are consistent with the provisions of the City's General Plan, applicable specific plans and the City's zoning regulations is necessary for the public health, safety and welfare of the City.
(j) It is the purpose and intent in adopting the plan to achieve a steady, rather than a fluctuating, overlyrapid rate of residential growth each year in order that the services provided by the City, school, utility and/or services agencies operating in the City could properly and effectively be staged in a manner which would not over-extend existing facilities, that the City could protect its citizens from the effect of contaminated air and that the City could preserve its rural, small-town character.
(k) The City Council has determined, based upon studies and evidence presented at its public hearings, that continuation of a steady controlled residential growth is still necessary for the reasons set forth above.
(l) The adoption of the plan is necessary to continue established controls over the quality, distribution and rate of growth of the City in the interest of:
- (1) Preserving the character of the community;
- (2) Protecting the natural environment and open space of the City;
- (3) Protecting the public health and quality of life in the City;
- (4) Ensuring the adequacy of City facilities, school facilities, recreation and park facilities and other public services;
- (5) Ensuring a balance of housing types and values in the City which will accommodate a variety of families, including families of low and moderate income;
- (6) Ensuring the balanced development of the City;
- (7) Preventing further significant deterioration in local air quality which, in that regard, the City hereby reaffirms and adopts as its own, the following findings of the AQMP:
  - (A) There is a direct relationship between the quality of the Ojai Valley's air and the health, safety and welfare of the Ojai Valley and City residents.
  - (B) The quality of the Ojai Valley's air has deteriorated to the point where it often fails to meet State and Federal ambient air quality standards designed to protect health, safety and welfare.
  - (C) Failure to meet such State and Federal standards in the City and County results in:
    - (i) Aggravation of the illness of persons suffering from asthma or chronic

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City of Ojai, CA § 10-6.301

OJAI CODE

§ 10-6.301

lung disease;

     - (ii) An increase in the effort of breathing for many healthy persons; 

     - (iii) Impairment of the performance of persons engaged in strenuous activities; 

     - (iv) Significant health care costs attributable to air quality related health problems; 

     - (v) Air pollution damage to crops amounting to millions of dollars annually; and 

     - (vi) Air pollution damage to habitat and sensitive species.

(D) There is a direct measurable relationship between population growth and emissions which contributes to the deterioration of air quality in the County and the City.

- (E) The AQMP has: 

   - (i) Identified certain reasonably available control measures for the control of emissions in the Ojai Valley; 

   - (ii) Established the maximum rate of population increase which can be accommodated therein: 

      - (a) Assuming the implementation of all such reasonably available control measures; and 

      - (b) Without precluding ultimate compliance within such area with the State and Federal ambient air quality standards. 

- (F) Regulation of population growth in the Ojai Valley in accordance with the AQMP, in addition to the implementation of all other reasonably available control measures for the control of emissions, is necessary in order to ensure compliance with Federal ambient air quality standards and to protect adequately the public health, safety and welfare.

(8) Ensuring that the traffic demands do not exceed the capacity of streets;
(9) Ensuring that the City does not grow in a pattern that places a severe strain on State Highway 33;
(10) Ensuring the adequacy of fire protection;
(11) Ensuring adequate water and sanitary sewer systems.

(m) The provisions of this chapter will augment and implement the goals and policies of the City as set forth in the City's General Plan and City ordinances relating to the regulation of residential development.
(n) The enactment of this chapter will permit the City to control the rate, distribution, quality and economic level of proposed residential development on a year-to-year basis and ensure compliance with the AQMP.

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City of Ojai, CA

PLANNING AND ZONING

§ 10-6.301

(o) The City Council, based upon the evidence presented, has determined that the City's appropriate share of the regional housing need equals 209 residential units of which 115 should be housing available to low and moderate income families and that the plan will not impact the City's ability to accommodate its share of the regional housing need and, therefore, will not affect the supply of housing in the region.
(p) The specific housing programs and activities which are described in the City's housing element are consistent with the provisions of the plan and these programs and activities will continue after the enactment of this chapter. The plan exempts from its provisions projects intended for low- and moderate-income families as well as those intended for seniors and the disabled and, therefore, will have no impact on these types of housing and will, in fact, encourage the provision of housing for these groups.
(q) The City has the necessary fiscal and environmental resources available to it to provide the services and necessary infrastructure to serve the steady annual increase in housing as contemplated by the provisions of the plan.
(r) Based upon evidence presented at public hearings, including the studies presented to it by the staff and the Planning Commission and each member of the City Council being thoroughly familiar with the problems which arise out of rapid uncontrolled growth in any city and being aware that the City must meet certain obligations with respect to regional housing needs and in particular the provision of low and moderate income housing, the City Council, as required by the provisions of Government Code Section 65863.6, has determined that the adoption of the plan is necessary for the public health, safety and general welfare of the citizens of the City.
(s) The plan is a project for purposes of the California Environmental Quality Act ("CEQA"). As such, the Planning Commission did review the initial study prepared for the plan, as well as the negative declaration which is the environmental document recommended for the plan by the initial study. The Planning Commission has certified that the negative declaration complies with the provisions of CEQA and has recommended to the City Council that it adopt the negative declaration.
(t) The City Council has read and considered the initial study for the plan. The City Council does hereby find that the plan could not have a significant effect on the physical environment because: (1) no specific development is envisioned by the plan; (2) there would be no direct activity which could result in the demand for new or expanded public utilities, facilities and services; and (3) the plan will restrict growth, which will have the effect of decreasing the potential future demand on existing public utilities, facilities and services.
(u) The City Council has read and considered the negative declaration prepared for the plan and does hereby find and certify that the negative declaration has been prepared in full compliance with the provisions and requirements of CEQA.
(§ 1, Ord. 769, eff. January 8, 2004)

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City of Ojai, CA

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