Article 4 — Planning Director Evaluation

The Planning Director shall review each application and determine whether or not the proposed development conforms to the General Plan, including all elements thereof and any applicable and adopted Specific Plan.

(§ 1, Ord. 686, eff. August 9, 1991)

No application will be considered unless it fully complies with all applicable zoning provisions, the General Plan and all elements thereof and any applicable and adopted Specific Plan. (§ 1, Ord. 686, eff. August 9, 1991)

No person may receive or participate in receiving more than the maximum office and retail commercial development allotment per year, except as provided in this article. (§ 1, Ord. 686, eff. August 9, 1991)

No commercial development allotment will be permitted in any one year in excess of the maximum permitted by this chapter unless the Planning Director determines (a) that the commercial development project cannot reasonably be divided into phases and staged over a multi-year time period; (b) that the project is clearly preferential, based on the development evaluation, to all other commercial development projects for which allotments are being sought at that time; and (c) that the commercial development project will not exceed the maximum combined office and retail commercial allotment for the three year period beginning with the year in which the allotment is sought.

(§ 1, Ord. 686, eff. August 9, 1991)

No application will be considered if the City sewage disposal, drainage, and other public facilities, including transportation, are inadequate to accommodate the development at defined service level standards pursuant to applicable General and Specific Plans. (§ 1, Ord. 686, eff. August 9, 1991)

• (a) The Planning Director shall accept applications for commercial development allotments for each semi-annual application period.

• (b) The Planning Director, within 60 days of the final date for submission of applications in any given semi-annual period, shall evaluate each application and report his findings, in writing, to the Planning Commission, which may grant or reject the application. If the Planning Commission determines that a proposed development does not conform to the

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City of Ojai, CA § 10-11.406

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General Plan, any applicable specific plan, the zoning district regulations, or other criteria set forth in this chapter, the application shall be rejected. In granting or rejecting an application, the Planning Commission shall base its decision upon the criteria set forth in this section for preference because of the project's location, the project's design, and the project's impact on the surrounding area.

• (c) Preferences as to project location shall be given applicants whose projects contain one or more of the following:

  • (1) Construction on a vacant lot in the downtown area as defined in the General Plan;

  • (2) Construction on a vacant lot adjacent to or in close proximity of the downtown area as defined in the General Plan;

  • (3) Construction on a vacant lot adjacent to existing commercial development on all sides;

  • (4) Redevelopment of an existing commercial use or structure;

• (d) Preferences as to a project's design shall be given those applicants whose proposed projects contain one or more of the following:

  • (1) (i) Excellence of site planning and/or architectural design in harmony with enhancement of the area;

    • (ii) Building height, mass, scale orientation, configuration and proposed materials, color, and vegetation compatible with the general character of the area;

    • (iii) Avoidance of site overcrowding with buildings;

    • (iv) Providing for ample landscaping and off-street parking;

    • (v) Minimum interference with natural topography;

    • (vi) Unobstructed vistas;

    • (vii) Minimum interference with traffic flows and capacity of adjacent thoroughfares;

    • (viii) Minimum number of driveway access points or joint access with existing adjacent uses;

    • (ix) Provision of transportation mitigation measures to minimize impacts on the level of service of adjacent thoroughfares;

    • (x) Minimum number of new trips generated;

  • (2) (i) Functional pedestrian and bicycle circulation;

    • (ii) Minimum impact of parking and lighting on adjacent properties and public rights-of-way;

    • (iii) Noise reduction;

    • (iv) Ample provisions for the maintenance of the premises;

    • (v) Ample provisions for general storage;

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City of Ojai, CA

PLANNING AND ZONING

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  - (vi) Ample provisions for general lighting; and

• (vii) Ample provisions for security;

  • (3) Projects which promote jobs/housing balance, such as mixed use developments; and

  • (4) (i) Proposed performance methods assuring high standards of design and construction and satisfactory completion of the developer's commitment; or

    • (ii) Consideration of the developer's previous performances; and

    • (iii) Thoroughness and readiness of the project.

• (e) Preference as to a project's impact on the surrounding area shall be given applicants whose projects:

  • (1) Are compatible with existing adjacent uses;

  • (2) Will not increase the need for major off-site public improvements, which can be served by an existing street system and will not cause any local, collector or arterial street to operate below its specified service level;

  • (3) Do not require right-of-way, access, or utility easements for their construction;

  • (4) Are not in or near known hazardous flood, fire, earthquake, or slide areas; and

  • (5) Will not require more than two foot cuts or fills and/or will not cause scars in the natural topography.

• (f) The Planning Commission shall review all commercial development allotment applications. After evaluating each proposed development giving due preference for the criteria set forth in subsections (c), (d), and (e) of this section, the Planning Commission shall award allocations of allotments. Projects containing the highest number of items of preference shall have first priority. However, the Planning Commission shall award no more allocations than authorized by this chapter.

• (§ 1, Ord. 686, eff. August 9, 1991)

Applicants awarded commercial allotments shall follow the procedure for obtaining building permits set forth in the Ojai Municipal Code. Any project not forwarded for further processing during an allocation period, upon a request, shall be reviewed again during the next semi-annual period and comparatively ranked with new applications. (§ 1, Ord. 686, eff. August 9, 1991)

Applicants whose applications are rejected shall be given notice of such rejection within 10 days after the allotments are awarded by the Planning Commission. Notice shall be given by the Planning Director by mail to the applicant at his address as shown in the application.

All applicants requesting that their application remain on file for the next two application periods shall notify the Planning Director in writing within 10 days after receiving their notice of rejection. Failure to notify the Planning Director of such request will cause the existing

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City of Ojai, CA § 10-11.408

OJAI CODE

§ 10-11.408

application to expire. All expired applications filed for the succeeding application period shall be accompanied by an additional application fee.

(§ 1, Ord. 686, eff. August 9, 1991)

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City of Ojai, CA