Article 7 — Overlay Zoning Districts

This article provides land use and development regulations for the overlay zoning districts established by Title 10, Chapter 2, Articles 2 (Zoning Map and Zoning Districts), 3 (Development and Land Use Approval Requirements), 4 (Residential Zoning Districts), 5 (Commercial and Manufacturing Zoning Districts), 6 (Special Purpose Zoning Districts), and 7 (Overlay Zoning Districts). Except as otherwise stipulated, the requirements of this article apply in addition to the standards and regulations of the primary zoning districts, where important site, environmental, safety, compatibility, or design issues require particular attention in project planning.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 3, Ord. 827, eff. June 28, 2013, and § 17, Ord. 941, eff. November 10, 2023)

The provisions of Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) apply to proposed land uses and development in addition to all other applicable requirements of these Zoning Regulations. Any perceived conflict between the provisions of Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) and any other provision of these Zoning Regulations (Title 10, Chapter 2) shall be resolved in compliance with Title 10, Chapter 2, Article 33 (Interpretations).

• (a) Mapping of overlay districts. The applicability of any overlay zoning district to a specific site is shown by the overlay Zoning Map symbol established by Title 10, Chapter 2, Articles 2 (Zoning Map and Zoning Districts), 3 (Development and Land Use Approval Requirements), 4 (Residential Zoning Districts), and 7 being appended as a suffix to the symbol for the primary zoning district on the Zoning Map (for example, BP-T-C-O). The overlay districts are applied to property through the rezoning process (see Title 10, Chapter 2, Article 27 (Amendments)).

• (b) Allowed land uses, permit requirements, development standards . Except as may be otherwise provided by Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) for a specific overlay district:

  • (1) Any land use normally allowed in the primary zoning district by Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) may be allowed within an overlay district, subject to any additional requirements of the overlay district;

  • (2) Development and new land uses within an overlay district shall obtain the land use permits required by Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) for the primary zoning district; and

  • (3) Development and new land uses within an overlay district shall comply with all applicable development standards and other requirements of the primary zoning district.

• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 18, Ord. 941, eff. November 10, 2023)

• (a) Purpose. The T-C-O overlay district is intended to: maintain the open character of

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significant views from important thoroughfares; to ensure traffic movement is not impaired by new development; and that property access is properly located.

• (b) Applicability. The T-C-O overlay district applies to major transportation corridors through the City as identified on the Zoning Map with the TC suffix, including Highways 33 and 150.

• (c) Allowed land uses. All land uses allowed in the primary zoning district are allowed in the T-C-O overlay district.

• (d) Permit requirements. Development in the T-C-O overlay district shall require approval of the appropriate permit for land uses in the primary zoning district. A supplemental traffic analysis shall also be required. See Articles 8 (Property Development Standards), 9 (Affordable Housing Requirements and Incentives), 10 (Creekside Development Standards), 11 (Hillside Development Standards), 12 (Landscaping Standards), 13 (Nonconforming Uses, Structures and Parcels), 14 (Parking and Loading Standards), 15 (Recycling Facilities), 16 (Sign Standards), 16.5 (Exterior Lighting Standards), and 17 (Standards for Specific Land Uses) of Title 10, Chapter 2 (Zoning Regulations).

• (e) Development standards. In addition to development standards identified in the primary zoning districts, land uses shall also conform to the following performance standards:

  • (1) Limitation on site access points. A maximum of one ingress/egress shall be allowed for each site in the T-C-O overlay district, except that:

    • (A) A site with 300 feet or more of frontage shall be allowed an additional ingress/ egress;

    • (B) The Commission may approve two additional ingresses/egresses on a site with 600 feet or more of frontage, if the Commission first finds that traffic flow will not significantly increase due to the additional ingress/egresses; and

    • (C) Two one-way driveways may be allowed for each 250 feet of site frontage, or one per site.

  • (2) Driveway and on-site circulation design. Driveways and on-site vehicle circulation areas shall be designed as follows.

    • (A) Driveway design shall accommodate an entering vehicle turning speed of 15 miles per hour.

    • (B) Driveway design and placement shall be compatible with internal circulation and parking lot design, and be able to absorb the maximum rate of inbound traffic during peak traffic periods.

    • (C) On-site parking areas shall be designed to accommodate at least three queued vehicles waiting to park or exit without using any portion of the transportation corridor right-of-way or otherwise interfere with corridor traffic movement.

    • (D) Provisions for circulation between adjacent parcels should be provided through coordinated or joint parking plans and agreements, or other methods determined appropriate by the Director or the Commission.

• (E) Ingress/egress entrances shall be able to accommodate all vehicle types

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including delivery vehicles.

• (F) Loading and unloading locations should not interfere with ingress/egress or corridor traffic flow.

• (G) Exit sight distance visibility shall be as follows in Table 2-8.

• (H) Ingress shall be designed so that vehicles entering a site will not encroach the exit of a two-way driveway.

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Table 2-8
EXIT SIGHT DISTANCE VISIBILITY
Posted Speed Limit Minimum Required Sight Distance
30 mph 200 ft
35 mph 225 ft
40 mph 275 ft
45 mph 325 ft
50 mph 350 ft
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• (3) Right-turn lanes and tapers. Right-turn lanes and tapers shall be required as follows:

  • (A) Expected right-turn ingress movements will be 15 miles per hour or less during peak traffic periods; and

  • (B) Driveway volumes are expected to accommodate 100 or more vehicles per day.

• (4) Driveway profile.

  • (A) The grade of a two-way or divided commercial driveway on a downgrade toward the highway shall not exceed one and one-half percent for a minimum distance of 25 feet from the edge of pavement.

  • (B) The grade of two-way, one-way, or divided commercial driveway on an upgrade toward the highway shall not exceed a one and one-half percent minimum distance of 100 feet from the edge of pavement.

  • (C) If the highway is curbed and if the sidewalk is 10 feet or less from the edge of pavement, the grade of a driveway shall be the grade required to meet the sidewalk elevation, except if the grade would exceed the maximums specified in subsection (A) above, the sidewalk shall be either tilted or inclined.

  • (D) If the highway is not curbed, the grade of the driveway between the highway edge of pavement and the edge of the shoulder shall conform to the slope of the shoulder to the edge of the driveway approach.

  • (E) If the sidewalk elevation will need to be adjusted to meet the driveway, the sidewalk shall be included at a rate not to exceed one foot vertical for every 24 feet horizontal distance.

• (5) Driveway separation. The minimum required distance between driveways along a roadway subject to the provisions of this section shall be determined as a function of

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corridor design, safety, and operating speeds. The minimum required distance between driveways shall be as shown in Table 2-9.

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Table 2-9
REQUIRED DRIVEWAY SPACING
Posted Speed Limit Minimum Driveway Separation
25 mph 105 ft
30 mph 125 ft
35 mph 150 ft
40 mph 185 ft
45 mph 230 ft
50 mph 275 ft
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• (§ 3, Ord. 771, eff. February 13, 2004, as amended by § 19, Ord. 941, eff. November 12, 2023)

• (a) Purpose. The SPL overlay district is to implement policies of the Land Use and Housing Elements of the Ojai General Plan that promote the development of Affordable Housing.

• (b) Applicability. The SPL overlay district applies to all property identified on the Zoning Map with the SPL suffix subject to the standards set forth in Table 2-10 below.

• (c) Definitions. As used in this section, the following terms and phrases shall have the meanings as set forth below unless the context in which they are used clearly requires otherwise.

  • (1) Affordable housing. Dwelling units that are expressly reserved for persons and families of low and moderate income at a housing cost that is made available at an affordable rent or affordable purchase price. Unless a different meaning is apparent from the context or is specified elsewhere in this article, the following words and terms shall have the same meaning given or attributed to them in theCalifornia Health and Safety Code and in Title 25 of the California Code of Regulations: (i) adjusted income; (ii) annual income; (iii) housing cost; (iv) family; (v) household; (vi) persons and families of low and moderate income; (vii) household size adjustments; (viii) monthly adjusted income; (ix) monthly income; (x) operating expenses; (xi) affordable rent; and (xii) affordable owner-occupied housing cost.

  • (2) Affordable housing agreement. A legally binding agreement between an applicant and the City, recorded as a covenant on the SPL site, to ensure that the requirements of Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) are satisfied. The agreement, among other things, establishes the number, type, location and demographic distribution of affordable housing on the SPL site, along with reporting, monitoring and management responsibilities. The agreement and associated obligations shall be for a minimum duration of 55 years.

  • (3) Senior housing. Affordable Housing consistent with the California Fair Employment and Housing Act (Government Code Section12900 et seq., including 12955.9 in particular), which has been "designed to meet the physical and social needs of senior

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citizens," and which otherwise qualifies as "housing for older persons" as that phrase is used in the Federal Fair Housing Amendments Act of 1988 (P.L. 100-430) and implementing regulations (24 CFR, part 100, subpart E), and as that phrase is used in California Civil Code Sections 51.2 and 51.3.

• (4) Housing element. The continuum of housing needs, goals, policies, quantified objectives, financial resources and scheduled programs for the preservation, improvement and development of housing adopted as part of the Ojai General Plan pursuant to Section 65580 et seq. of the California Government Code.

• (5) Feasible. Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.

• (d) Permitted land uses. As an alternative to the uses permitted pursuant to the underlying Zoning District of the properties with the SPL suffix on the Zoning Map, each such property may be developed with affordable housing, notwithstanding the underlying zoning subject instead to the provisions of Sections 10-2.704 (Special housing overlay (SPL) district), subsections (e), (f) and (g) and Tables 2-10 and 2-11.

• (e) Permit requirements. Development of property with an SPL designation for other than affordable housing shall require approval of the appropriate permit for the land uses in the underlying zoning district. approval of affordable housing on any property with the SPL suffix shall be exempt from the applicable approval process for the underlying zoning and instead shall be governed by the following permit requirements:

  • (1) Overlay density. SPL sites may be developed with affordable housing up to a maximum of 20 units per acre pursuant to a zoning clearance issued in accordance with Title 10, Chapter 2, Article 19 (Zoning Clearance).

  • (2) Lot consolidation incentive. If requested by the applicant for an Affordable Housing development, a density increase of 5% shall be granted in addition to any density bonus allowed pursuant to Section 10-2.907 (Density bonus) when two or more contiguous parcels within the SPL overlay are consolidated to create a single building site of at least 1.0 acre.

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Table 2-10
SPL SITE DESIGNATIONS
SPL Sites
Site # Allowed SPL
See Table 2-11 APN Uses Design Parameters
6 0220140010 Affordable Building mass and scale must be
Housing and integrated with surrounding
Senior Housing predominately one- and two-story
construction
7 0220140480 Affordable Frontage of Ojai Avenue must be
Housing and commercial or vertical mixed use with
Senior Housing commercial at street level; balance of
site may be mixed use or stand-alone
residential
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Table 2-10
SPL SITE DESIGNATIONS
SPL Sites
Site # Allowed SPL
See Table 2-11 APN Uses Design Parameters
9 0230072010, Affordable Building mass and scale must be
0230072070 Housing and integrated with surrounding
Senior Housing predominately one- and two-story
construction
10 0230090010 Affordable Clustered development, taking into
Housing and account site constraints and
Senior Housing environmental setting; building mass
and scale must be integrated with
surrounding predominately one- and
two-story construction; access shall be
provided to Santa Ana Street and
Ventura Street
11 0230120020 Affordable Clustered development, taking into
Housing and account site constraints and
Senior Housing environmental setting; building mass
and scale must be integrated with
surrounding predominately one and
two story construction; access shall be
provided to South Signal Street, South
Montgomery Street, and South
Ventura Street
17 0230172065 Affordable Primary access should be provided
Housing and from Whispering Oaks with
Senior Housing emergency exiting at Bryant Street
21 0280073010 Affordable Frontage of Ojai Avenue must be
Housing and commercial or vertical mixed use with
Senior Housing commercial at street level; balance of
site may be mixed use or stand-alone
residential
23 0210092010 Affordable Building mass and scale must be
Housing and integrated with surrounding
Senior Housing predominately one- and two-story
construction
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Table 2-11
SPL DEVELOPMENT STANDARDS
Sites #6, 9, 10 & 11 Sites #7 & 21 Site #17 Site #23
Underlying Overriding SPL Underlying Overriding SPL Underlying Overriding SPL Underlying Overriding SPL
Zoning Development Zoning District Development Zoning District Development Zoning District Development
Development Feature District P-L Standards C-1 Standards M-1 Standards R-2 Standards
Maximum Density Determined 20+ du/acre (2) Not Applicable 20+ du/acre (2) Not Applicable 20+ du/acre (2) 5,000 sf/du (1) 20+ du/acre (2)
through design
review process
Setbacks Determined Determined through Front - 10′ Front - 10′ Front - 10′ Front - 10′ Front - 20′ Front - 10′
through design design review process Sides - 10′ Sides - 10′ Sides - 0′-10′ Sides - 0′-10′ Sides 5′-12′ Sides - 5′
review process Rear - 15′ Rear - 15′ Rear - 0′-10′ Rear - 0′-10′ Rear - 25′ Rear - 15′
Site Coverage (Max. %) None None 50% None 35%—45% None None None
Floor Area Ratio (FAR) None None 0.50 None 0.35 None None None
Height Limit 30 ft, 2 30 ft, 2 stories 35 ft 30 ft, 2 stories 35 ft 30 ft, 2 stories 30 ft, 2 stories 30 ft, 2 stories
stories(1) maximum maximum maximum maximum
Parking As required by Variable (4) As required by Variable (4) As required by Variable (4) As required by Variable (4)
Article 14(1) Article 14 Article 14 Article 14
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Notes:

• (1) See Section 10-2.603 (Special purpose district allowable uses and permit requirements), Table 2-6 for additional footnotes.

• (2) See Section 10-2.704 (Special housing overlay (SPL) district), subsection (e) on permit requirements linked to density.

• (3) Open space for the purposes of this section include parks, recreational facilities, common gardens, greenbelts at least 10 feet wide, bikeways, pedestrian paths not associated with individual dwelling access and street frontage landscaping. The following areas may not be used to fulfill the common open space requirement: (i) streets and street rights-of-way; (ii) parking areas and driveways, and parking area landscaping; (iii) drainage or retention facilities that are not specifically designed for common recreational uses; or (iv) private outdoor open space (e.g., balconies, patios, etc.).

• (4) A reduction in underlying parking requirements may be allowed commensurate with projects that include off-setting considerations such as restrictions on the number of vehicles that occupants may own, senior projects with alternative transportation options, etc.

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• (f) Development standards. When affordable housing is developed pursuant to SPL designation, such development and its associated approval shall conform to the following standards as a prerequisite of issuance of a zoning clearance.

• (1) Design review. All affordable housing projects shall subject to design review as specified in Title 10, Chapter 2, Article 20 (Design Review Permits). In addition to the overarching guidelines set forth in Section 10-2.2004 (Standards), all affordable housing projects shall also be reviewed for compliance with sitespecific design parameters set forth in Table 2-11 above.

  • (2) Environmental compliance. All affordable housing projects shall be subject to and conditioned upon adherence to mitigation measures prescribed in the Ojai Housing Element and companion Environmental Impact Report as set forth in City Council Resolution No. 12-53. Furthermore, as a mandatory component of the application process specified in Section 10-2.701 (Purpose of article), subsection (e), the following matters shall be addressed to the reasonable satisfaction of the Director:

    • (A) Water and sewer availability. The applicant must demonstrate that there is sufficient water supply and sewer treatment capacity to serve the proposed affordable housing project consisting of: (i) "will serve" letters from the municipal water and sewer purveyors; and (ii) an "acknowledgement letter" from each entity that supplies or manages water used by the municipal purveyor that the project will not have an adverse impact on the source from which water is purchased or drawn. In the absence of will serve letters, the affordable housing shall not be granted a zoning clearance. In the event that an acknowledgement letter cannot be obtained or indicates that adverse impacts may result, the Director shall make a determination on whether to issue a zoning clearance based on substantial evidence of record, including, but not limited to, information and sources documented in the Housing Element and Final Environmental Impact Report certified in connection therewith.

    • (B) Acoustic attenuation. The applicant must demonstrate that the proposed affordable housing project is (or can be) designed to ensure that outdoor noise levels in outdoor living and recreation areas do not exceed a CNEL of 60 dB or an Leq (1h) of 65 dBA during any hour.

    • (C) Stormwater control. The applicant must demonstrate that the proposed affordable housing project is (or can be) designed in conformance with all applicable regulations and performance criteria set forth in NPDES (National Pollution Discharge and Elimination System) and MS4 (Ventura County Municipal Separate Storm Sewer System) Permit No. CAS004002, Order No. 09-0057.

    • (D) Biological resource protection. The applicant must demonstrate that the proposed affordable housing project will not adversely impact (or can be made to mitigate) significant biological resources, including, but not limited to, submittal of a Biological Resources Assessment. The Biological Resources Assessment shall consist of an on-site survey, literature review and written report prepared by a qualified individual that identifies all significant biological features of the development site along with mitigation measures, as appropriate. Significant biological features include endangered, threatened or rare plant and

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animal species and their habitats, wetland habitats, wildlife migration corridors and locally important species/communities.

• (E) Archeological resource protection. The applicant must demonstrate that the proposed affordable housing project will not adversely impact (or can be made to mitigate) significant archeological resources, including, but not limited to, submittal of a Preliminary Archeological Assessment (PAA). The PAA shall consist of an on-site survey, literature review and written report prepared by a qualified individual that identifies all significant archeological features of the development site along with mitigation measures, as appropriate. Significant archeological features include prehistoric districts, sites, structures, artifacts and other evidence of human use considered to be of importance to a culture, subculture, or a community for traditional, religious, scientific or other reasons.

• (F) Historic resource protection. The applicant must demonstrate that the proposed affordable housing project: (i) is (or can be) designed in conformance with all applicable provisions of Title 4, Chapter 8 (Historic Preservation Law); and (ii) will not adversely impact (or can be made to mitigate) significant historic resources. Significant historical features include any object, building, structure, site, area, place, record, or manuscript which is historically or archaeologically significant, or is significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California.

• (G) Traffic control measures. The applicant must demonstrate that the proposed affordable housing project will not adversely impact (or can be made to mitigate) significant traffic impacts on local streets within the vicinity of the site, including, but not limited to, submittal of a Traffic Impact Study. The requirement to mitigate impacts shall be limited to the direct consequences of the proposed project and not as to cumulative impacts which, by operation of General Plan policies and Zoning Ordinance regulations, do not apply to affordable housing projects. The Traffic Impact Study shall assess current traffic conditions on affected streets (measured in terms of average daily and peak hour vehicle trips), the capacity of affected streets to maintain minimum roadway and intersection standards set forth in the Ojai General Plan, roadway geometrics that affect the safe movement of vehicles and pedestrians, and mitigation measures necessary to protect public health and safety.

• (H) Viewshed protection and community context. The applicant must demonstrate that the proposed affordable housing project conforms (or can be made to comply) with the design standards and policies set forth in Title 10, Chapter 2, Article 20 (Design Review Permits). The applicant shall provide, if determined as necessary by the Director, a visual simulation that assesses potential impacts on important vistas as viewed from public areas.

• (I) Sustainable building construction. Sustainable building construction is defined in the California Building Standards Code, Title 24 of the California Code of Regulations. See also Section 9-1.101 (Adoption by reference). The applicant must demonstrate that the proposed affordable housing project conforms (or can be made to comply) with sustainable building design guidelines now or hereinafter adopted pursuant to Title 10, Chapter 2, Article 20 (Design Review

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Permits). In the absence of locally-adopted guidelines, the principles outlined in the State HCD publication entitled "A Guide to the California Green Building Standards Code Low-Rise Residential" dated June 2012, Third Edition effective July 1, 2012, or subsequent editions, shall govern the determination of compliance.

• (3) Regulatory compliance. All affordable housing projects shall be subject to and conditioned upon adherence to all applicable land use policies and implementing regulations of the City. A policy and ordinance consistency analysis shall be performed by the Director in conjunction with design review pursuant to Section 10-2.704 (Special housing overlay (SPL) district), subsection (f)(1). Furthermore, as a mandatory component of the application process specified in Section 10-2.704 (Special housing overlay (SPL) district), subsection (e) and Title 10, Chapter 2, Article 18 (Application Filing and Processing), the following matters shall be addressed to the reasonable satisfaction of the Director:

  • (A) General Plan policies. The applicant must demonstrate that the affordable housing project complies (or can be made to comply) with all applicable policies of the Ojai General Plan as set forth in the Final Environmental Impact Report adopted in conjunction with City Council Resolution No. 12-53.

  • (B) Zoning Ordinance requirements. The applicant must demonstrate that the affordable housing project is (or can be) designed to ensure consistency with all applicable regulations of this title including, without limitation, standards pertaining to lighting, signs, parking, trees and landscaping.

• (C) SPL design-development standards. The applicant must demonstrate that the affordable housing project is (or can be) designed to ensure consistency with the design parameters and development standards set forth in Tables 2-10 and 2-11, respectively, along with the design review standards set forth in Title 10, Chapter 2, Article 20 (Design Review Permits).

  • (D) Standard development conditions. The applicant must demonstrate that the affordable housing project is (or can be made to comply) with standard development conditions of approval that may be adopted or amended from time to time by resolution of the Planning Commission.

• (g) Affordable housing standards. All development undertaken pursuant to this section shall include an affordable housing Agreement (see Section 10-2.902 (Definitions) and Tables 4-1 and 4-2) that is also subject to the requirements, exceptions and regulatory parameters set forth below.

  • (1) Occupancy standards. The number and distribution of affordable housing (as a percentage of the total residential dwellings developed on each SPL site) shall comply with the following occupancy and income standards:

As a minimum: (i) 15% of the total number of dwellings shall be developed as affordable housing for very low income households; (ii) 15% of the total number of dwellings shall be developed as affordable housing for low income households; and (iii) 5% of the total number of dwellings shall be developed as affordable housing for moderate income households. Exceptions may be granted at the sole discretion of the City Council.

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• (2) Affordable housing production. The affordable housing required under this section: (A) may either be rental or for-sale dwellings; (B) shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to non-restricted units developed on the same SPL site; and (C) need not have the same square footage or interior features of non-restricted units developed on the same SPL site so long as they are of good quality and are consistent with contemporary standards for new housing.

• (3) Affordable housing agreement. All affordable housing projects approved under Title 10, Chapter 2, Article 7 (Overlay Zoning Districts) shall be subject to and contingent upon execution and recordation of an affordable housing Agreement as a condition of the zoning clearance which, at a minimum, shall encompass the following elements:

  • (A) Occupancy preferences. Occupancy preferences shall be given to: (i) persons who have full time gainful employment in the City but currently reside elsewhere; and (ii) target income households who currently reside in the City but whose housing costs exceed those deemed affordable. The project developer shall maintain a waiting list of all persons who apply to become tenants, with information sufficient to rank such persons.

  • (B) Property maintenance. Property maintenance standards shall ensure that the project developer (for itself, its successors, its assigns, and every successor in interest to the affordable housing or any part thereof or any interest therein) shall maintain, repair and operate the site and all other improvements constructed or to be constructed thereon (including landscaping, lighting and signage) in a firstquality condition, free of debris, waste and graffiti.

  • (C) Project management. Project management standards shall ensure that the project developer (for itself, its successors, its assigns, and every successor in interest to the affordable housing or any part thereof or any interest therein) shall manage and operate the site in accordance with a management plan prepared by project developer and submitted to and approved in writing by the Director.

• (h) Exceptions. The standards and thresholds set forth in Tables 2-10 and 2-11 above define minimum requirements and may, at the discretion of the decision making body, be modified under the density bonus provisions of Section 10-2.907 (Density bonus) subject to approval of an affordable housing Agreement pursuant to Section 10-2.704 (Special housing overlay (SPL) district), subsection (g)(3).

• (i) Standards of review. All affordable housing projects proposed on property with an SPL designation (as listed in Table 2-10 above) shall be processed and approved by means of a zoning clearance as provided Title 10, Chapter 2, Article 19 (Zoning Clearances). As part of this process, a design review permit must first be obtained in compliance with Section 10-2.704 (Special housing overlay (SPL) district), subsection (f)(1).

  • (1) By right requirement. A zoning clearance shall be issued for all affordable housing projects unless the project developer: (A) fails to provide the requisite information necessary to determine compliance under this Section; (B) is unable to provide evidence that the affordable housing project complies (or can be made to comply) with the requirements of Sections 10-2.704 (Special housing overlay (SPL) district), subsections (f)(2), (f)(3) and (g); or (C) fails to obtain a design review permit in compliance with Section 10-2.704 (Special housing overlay (SPL) district),

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subsection (f)(1).

• (2) Authority to deny. The authority to deny issuance of a zoning clearance or design review permit, or the imposition of conditions which would have the same effect, shall be governed by the provisions of California Government Code Section 65589.5. Both the Director and Planning Commission may defer their respective determination to the next highest decision making body. Decisions of both the Director and Planning Commission are appealable to the City Council pursuant to Section 10-2.3002 (Appeal of action).

  • (3) Findings . Approval, conditional approval or denial of a zoning clearance (including appeals filed pursuant to Section 10-2.3002 (Appeal of action)) shall be accompanied with findings, supported by substantial evidence, that the action: (A) is justified on the basis of the standards, policies and conditions embodied in Section 10-2.704 (Special housing overlay (SPL) district), subsections (f) and (g); and (B) is consistent with the provisions of California Government Code Section 65589.5.

• (j) Effectiveness. The provisions of this section shall apply to all affordable housing projects on SPL sites for which application is filed with the City on or after the effective date of the ordinance by which this section is adopted and shall continue thereafter until the sooner of: (1) approval of affordable housing on SPL sites reaches a total of 177 total dwellings inclusive of density bonuses; or (2) subsequent amendment of this section by the City Council.

• (k) No net loss of capacity. No affordable housing development within the SPL overlay shall be approved at a lower density than is assumed for that site in the Updated Housing Element unless the City Council makes the findings set forth in Government Code Section 65863(b).

• (§ 4, Ord. 827, eff. June 28, 2013, as amended by §§ 2—6, Ord. 838, eff. April 11, 2014, and § 20, Ord. 941, eff. November 10, 2023)

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