Article 8 — Director Evaluation

The Director shall review each application and determine whether or not the proposed development complies with all zoning provisions and conforms to the General Plan, including all elements thereof.

(§ 1, Ord. 769, eff. January 8, 2004)

No application will be considered unless it fully complies with all zoning provisions and the General

Plan.

(§ 1, Ord. 769, eff. January 8, 2004)

No person may receive an allotment for more than one residential project per year. for purposes of this section, a residential project consists either of: (a) a detached single-family home developed on a single parcel of record; or (b) condominiums, townhomes, multiple-family dwellings and other attached housing unites developed as an integrated whole.

(§ 1, Ord. 769, eff. January 8, 2004, as amended by § 4, Ord. 828, eff. July 11, 2013)

Except as to the allotments made from the special allocation pool pursuant to Section 10-6.603(b), no allotments shall be assigned in any one year in excess of the maximum permitted by this chapter.

(§ 1, Ord. 769, eff. January 8, 2004, as amended by § 4, Ord. 828, eff. July 11, 2013)

No application will be considered if the City sewage disposal, drainage, fire protection, water or other public facilities and services are inadequate. (§ 1, Ord. 769, eff. January 8, 2004)

The Director shall accept applications for residential allotments for a period beginning and ending with each calendar year. Residential Projects shall be eligible for the assignment of allotments provided that: (a) the application is deemed complete; (b) the proposed project complies with General Plan and zoning provisions; and (c) requisite public services and facilities are available pursuant to Section 10-6.805. The Director shall assign allotments in the order in which eligible applications were received. Allotments shall not become effective until requisite entitlements are first obtained.

(§ 1, Ord. 769, eff. January 8, 2004, as amended by § 4, Ord. 828, eff. July 11, 2013)

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City of Ojai, CA

PLANNING AND ZONING

§ 10-6.807

§ 10-6.808

• (a) General provisions. The assignment of allotments do not constitute a project for purposes of the California Environmental Quality Act of 1970, as amended, or implementing regulations of Title 14, Division 6, Chapter 3 of the California Code of Regulations (collectively, "CEQA"). Such allotments constitute a reservation rights under this chapter and may only be exercised subject to, and contingent upon, satisfying the environmental review and permit requirements specified in Sections 10-6.807(b) and 10-6.808, respectively.

• (b) Discretionary projects. All residential projects receiving an allotment but for which either legislative approval (e.g., zone change, ordinance amendment, etc.) or entitlements (as defined in Section 10-2.902) are required must also comply with the requirements of CEQA. Furthermore, for Residential Projects that are subject to CEQA and the proposed number of residential dwellings exceed the allotment threshold (as defined in Section 10-6.501), shall be subject to the following additional standards in adjunct to the Ojai Initial Study Assessment Guidelines:

  • (1) An initial study and requisite environmental documentation shall be prepared to determine the availability of sufficient water resources and roadway capacity to accommodate the project within safe yields and acceptable levels of service.

  • (2) In the absence of conclusive evidence that adequate water resources and road capacity are available to accommodate the project, a Water and Traffic Management Plan shall be required for each such project that fully mitigates the impacts upon water and roadway capacity.

  • (3) Where resource impacts cannot be mitigated through reasonable and feasible measures, the resulting impact shall be deemed to be significant and unavoidable. In such cases, the project shall either be denied or the City may override the impact, at its discretion, with overriding considerations.

• (§ 1, Ord. 769, eff. January 8, 2004, as amended by § 4, Ord. 828, eff. July 11, 2013)

• (a) Discretionary permits. All residential projects for which allotments have been granted are subject to the development standards and design review requirements that apply to the underlying zone district within which such projects are located. If requisite Entitlements are not secured by the end of the calendar year following the date when the allotments were granted, such allotments shall be rescinded and placed into the special allocation pool described in Section 10-6.603(b). Extensions of time may be granted at the discretion of the Director for circumstances beyond the reasonable control of an applicant (e.g., protracted hearing process, environmental review compliance, etc.).

• (b) Building permits. All residential projects for which allotments have been granted and required Entitlements have been procured pursuant to Section 10-6.807, shall be approved subject to and contingent upon obtaining necessary building permits. If building permits are not secured within 12 months following the date when necessary Entitlements were granted (or 12 months following the date when allotments were assigned in the event that Entitlements are not required), such allotments shall be rescinded and placed into the special allocation pool described in Section 10-6.603(b). Extensions of time may be granted at the discretion of the Director for circumstances beyond the reasonable control of an applicant (e.g., protracted building plan review process, natural disasters, etc.).

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City of Ojai, CA § 10-6.808

OJAI CODE

§ 10-6.808

(§ 1, Ord. 769, eff. January 8, 2004, as amended by § 4, Ord. 828, eff. July 11, 2013)

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City of Ojai, CA