Ventura Municipal Code Ch. 24.537 Warrant and Exception Procedure

This chapter establishes the procedure for review and decisions regarding applications for warrants and exceptions from applicable standards or regulations in certain specific plan, corridor plan, community plan and other designated areas that utilize form-based codes.

These plans refer to this chapter for the procedures for processing warrants and exceptions.

These form-based codes provide detailed and specific requirements for a range of potential building types. In many cases, it is not feasible or necessary to comply with every form-based code in order to fulfill the intent of the form-based codes. To provide reasonable flexibility in cases where strict adherence to the standards do not result in a superior project, as determined by the decision-maker, a warrant and exception process is established. (Ord. No. 2021-017, § 72, 12-13-21)

There are two application types for variation from form-based codes:

A. Warrant. A minor variation from a standard, when the resulting design fulfills the intent of the code and does not compromise its goals in a notable manner.

B. Exception. A major variation from a standard, when the resulting design may not fulfill the plan’s intent and may compromise certain goals in a notable manner, but such variation is justified or offset by other aspects of the project design that furthers the intent of the code. (Ord. No. 2021-017, § 72, 12-13-21)

This chapter applies only to districts and plan areas with form-based codes that reference warrants or exceptions, including, but not limited to, the downtown specific plan, Midtown Corridors plan, Victoria Avenue Corridor plan, and Saticoy and Wells community plan. (Ord. No. 2021-017, § 72, 12-13-21)

An application for a warrant or exception shall be reviewed and pursuant to Section 24.500.060, by the decision-making authority as follows:

A. The director is the decision-making authority for warrants.

B. The planning commission is the decision-making authority for exceptions. (Ord. No. 2021-017, § 72, 12-13-21)

In order for the decision-making authority to approve a warrant or exception, findings must be made by the decision-making authority as follows:

A. Warrants.

1. The project design reasonably achieves the intent of the standard for which the warrant is requested.

2. The warrant does not result in the project being incompatible with the surrounding area.

3. The warrant would not result in impacts detrimental to or that would adversely impact adjacent properties.

4. Warrants for Civic Buildings. The warrant is necessary to provide a public service and the associated project is designed to feature as a prominent, architecturally significant contribution to the built environment.

B. Exceptions.

1. The exception does not result in the project being incompatible with the character of the surrounding area.

2. The exception would not result in impacts detrimental to or that would adversely impact adjacent properties.

3. The project design reasonably achieves the intent of the standard for which the exception is requested, or otherwise exceeds the intent of other standards that offset the result of the requested exception.

C. Additional Finding in the Hillside Overlay. The warrant or exception from one or more standards for a project in the hillside overlay would not directly result in unreasonably or unnecessarily interfering with the scenic view from any other public or private property, including but not limited to public streets and other public areas.

D. Additional Finding for an Identified or Potential Historic Resource. The warrant or exception from one or more standards may be granted if determined to be necessary to preserve those portions or features which convey the building’s or structure’s historical, cultural or architectural values.

E. Density Bonus Applicability. Projects requesting a density bonus may be eligible for concessions that can be used to justify one or more warrants or exceptions as provided in Government Code Section 65915. (Ord. No. 2021-017, § 73, 12-13-21)