This chapter shall be known as the "City of Ojai Zoning Regulations"
(these "Zoning Regulations").
(§ 3, Ord. 771, eff. February 13, 2004)
The purpose of this chapter is to promote the public health,
safety, general welfare, and to preserve and enhance the aesthetic
quality of the City by providing regulations to ensure an appropriate
mix of land uses and orderly land development. In addition, the City
desires to achieve a balance through a pattern and distribution of
land uses which generally:
(a) Maintain
Ojai as a quiet, peaceful community whose picturesque valley setting,
architectural character, and protected natural environment combine
to provide a refuge from urban life;
(b) Retain
and enhance established residential neighborhoods, commercial and
industrial districts, mixed-uses, recreational areas, and amenities;
(c) Maintain
a balanced distribution of land uses and provide for land use compatibility,
and safe, efficient pedestrian and vehicular circulation throughout
the City;
(d) Allow
for the infill and recycling of areas at their designated scale of
density/intensity, heights, and character;
(e) Allow
for the appropriate intensification of commercial and residential
uses in the City's downtown consistent with the City's General Plan;
(f) Preserve
and enhance significant environmental resources;
(g) Provide
open space resources for passive and active recreational activities,
and protect the public from natural safety hazards;
(h) Provide
a diversity of areas characterized by differing land use activity,
scale and intensity, while maintaining community identity and quality
development;
(i) Encourage
pedestrian- and bicycle-friendly development;
(j) Require
that the architecture of new or remodeled structures respect the City's
heritage, expectations of superior quality, and principles of urban
design as expressed in the City's design guidelines;
(k) Provide
for mixed-use development which supports live-work arrangements and
fosters the use of alternatives to automobile transportation; and
(l) Maintain
Ojai as a unique/distinctive and secure environment for the City's
residents, businesses, and visitors.
(§ 3, Ord. 771, eff. February 13, 2004)
(a) Authority. This chapter is the primary tool for implementing
the policies of the Ojai General Plan, in compliance with the mandated
provisions of State law and other applicable local, regional, State,
and Federal requirements as they may be amended/replaced from time
to time.
(b) General Plan consistency.
(1) All development within the City shall be consistent with the General
Plan.
(2) All development within the unincorporated area of the City's sphere
of influence should be consistent with the General Plan.
(c) Density and intensity. The density/intensity limitations
established in the Land Use Element of the General Plan apply to all
parcels.
(§ 3, Ord. 771, eff. February 13, 2004)
These zoning regulations shall be administered by the Ojai City
Council (the "Council"), the Ojai Planning Commission (the "Commission"),
the Community Development Director (the "Director"), the Historic
Preservation Commission, and the Community Development Department
(the "Department"). The participation of these groups and individuals
in the development review process is as follows:
(a) Commission. The Commission shall:
(1) Consist of five members who are appointed and serve according to the provisions of Chapter 1 of Title
10 of the Municipal Code;
(2) Adopt rules for the transaction of business and keep a public record
of its actions in compliance with Section 10-1.03 of the Municipal
Code. Three commissioners shall constitute a quorum of the Commission,
and no quorum shall consist of a majority of nonresidents of the City.
All meetings shall be open and public;
(3) Perform the duties and functions prescribed in these zoning regulations,
and in compliance with Section 10-1.04 of the Municipal Code. The
Commission shall recommend adoption, implement, and periodically review
and recommend revisions to the General Plan and these zoning regulations
for the desired physical development of the City, and any land within
its sphere of influence;
(4) Have the following authority:
(A) The Commission has the authority to grant final approval for the
following:
(vi)
Certification and approval of appropriate environmental documentation
in compliance with the California Environmental Quality Act ("CEQA").
(B) All of the above-listed determinations are subject to appeal to the Council in compliance with Article
30 of this chapter.
(C) The Commission shall also make recommendations to the Council for
final determinations regarding the following:
(vi)
Zoning Ordinance amendments; and
(vii)
Other applicable ordinances or regulations which are zoning
in nature.
(b) Director. The Director shall:
(1) Be appointed by the City Manager;
(2) Perform the duties and functions prescribed in these zoning regulations,
in addition to the day-to-day and long range management of the Department;
(3) Have the following authority:
(A) The Director has the authority to grant final approval for the following:
(i)
Minor architectural review exemptions,
(iii)
Interpretation/definition of "allowed uses" in compliance with Article
33 of this chapter,
(iv)
Lot line/boundary adjustments, where no increase in density
would result,
(v)
Minor conditional use permits,
(vi)
Minor variances and modifications,
(vii)
Sign permits, except signs for arcade storefronts,
(ix)
Tree permits, except where more than five oak, sycamore or heritage
trees, or a combination thereof, are to be cut down, removed, or relocated
upon a single parcel. Unusual cases where less than five trees are
involved may be referred to the Commission by the Director,
(xi)
Administrative exemption from exterior lighting standards in compliance with Article
16.5 of this chapter;
(B) All of the above-listed "powers" are subject to referral/appeal to the Commission in compliance with Article
30 of this chapter.
(c) Historic Preservation Commission. The Historic Preservation
Commission shall:
(1) Be appointed by the Council;
(2) Perform the duties and functions specified in Municipal Code Title
4, Chapter
8; and
(3) Review and approve any alteration, rehabilitation, or restoration;
construction or reconstruction; demolition; relocation affecting a
landmark and all signs for arcade storefronts.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 3, Ord. 825, eff. September 28, 2013, and
§ 3, Ord. 894, eff. April 25,
2019)
(a) Compliance with these Zoning Regulations required. All land
and structures shall be used and constructed in compliance with the
regulations and requirements of these Zoning Regulations, including
obtaining all land use entitlements before construction/use inauguration,
as applicable.
(b) Entitlements and licenses. All land use entitlements or
licenses shall be issued in compliance with the provisions of these
Zoning Regulations. Any land use entitlement or license issued in
conflict with these Zoning Regulations is deemed void.
(c) Minimum requirements. The regulations and provisions of
these Zoning Regulations are the minimum requirements, unless otherwise
stated.
(d) Conflict with other regulations.
(1) Nothing in these Zoning Regulations shall be deemed to repeal or
amend the Building Code, other ordinances or regulations or any specific
provisions requiring a land use entitlement or license or both of
the City except as otherwise provided for in these Zoning Regulations.
If any conflict occurs between the provisions of these Zoning Regulations
and the Building Code or other regulations of the City, the more restrictive
provisions shall apply.
(2) It is not intended that these Zoning Regulations shall interfere
with, repeal, abrogate, or annul any private easement, covenant, or
other agreement in effect at the time of adoption. Where these Zoning
Regulations impose a greater restriction upon the use of land or structures,
the provisions of these Zoning Regulations shall apply.
(e) Effect of Zoning Regulations—Changes on projects in progress. The enactment of these Zoning Regulations or amendments to their
requirements may impose different standards on new land uses than
those that applied to existing development (e.g., these Zoning Regulations
or a future amendment could require more off-street parking spaces
for a particular land use than former Zoning Ordinance provisions).
The following provisions determine how the requirements of these Zoning
Regulations apply to projects in progress at the time requirements
are changed.
(1) Projects with pending applications. All land use permit and subdivision applications that have been determined by the Department to be complete before the effective date of these Zoning Regulations or any amendment will be processed according to the requirements in effect when the application was accepted as complete. Applications for land use permit or tentative map extensions of time (see Title
10, Chapter
2, Article
32 (Time Limits and Extensions) and Title
10, Chapter
3 (Subdivision Regulations)), respectively, shall be consistent with the requirements of these Zoning Regulations that are in effect when the time extension application is accepted as complete.
(2) Approved projects not yet under construction. Any approved development for which construction has not begun as of the effective date of these Zoning Regulations or any amendment may still be constructed as approved, as long as required building permits have been obtained before the expiration of any applicable land use permit (Article
32, Time Limits and Extensions) or, where applicable, before the expiration of any approved time extension granted under Title
10, Chapter
2, Article
32 (Time Limits and Extensions).
(3) Approved projects not requiring construction. Any approved land use not requiring construction that has not been established as of the effective date of these Zoning Regulations or any amendment may still be established in compliance with its approved permit, as long as establishment occurs before the expiration of the permit (Article
32, Time Limits and Extensions) or, where applicable, before the expiration of any approved time extension granted under Title
10, Chapter
2, Article
32 (Time Limits and Extensions).
(4) Approved subdivisions not yet recorded. Any approved subdivision for which a parcel or final map has not been recorded as of the effective date of these Zoning Regulations or amendment, may still have a parcel or final map recorded in compliance with the approved tentative map, as long as recordation occurs before the expiration of the tentative map in compliance with Title
10, Chapter
3 (Subdivision Regulations), or, where applicable, before the expiration of any approved time extension granted under Title
10, Chapter
3 (Subdivision Regulations).
(5) Projects under construction. A structure that is
under construction on the effective date of these Zoning Regulations
or any amendment need not be changed to satisfy any new or different
requirements of these Zoning Regulations.
(f) Other requirements may still apply. Nothing in these Zoning
Regulations eliminates the need for obtaining any other permits required
by the City, or any permit, approval, or entitlement required by other
provisions of the Municipal Code or the regulations of any City department,
or any County, regional, State, or Federal agency.
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 4, Ord. 941, eff. November 10, 2023)
Rules and procedures for the interpretation of the provisions of these Zoning Regulations (Title
10, Chapter
2) are in Title
10, Chapter
2, Article
33 (Interpretations).
(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 5, Ord. 941, eff. November 10, 2023)
If any section, subsection, sentence, clause, or phrase of these
Zoning Regulations is for any reason, held to be invalid or unconstitutional,
the decision shall not affect the validity of the remaining portions
of these Zoning Regulations. The Council hereby declares that it would
have adopted these Zoning Regulations and each section, subsection,
sentence, clause, or phrase thereof irrespective of the fact that
any one or more portions of these Zoning Regulations might be declared
invalid.
(§ 3, Ord. 771, eff. February 13, 2004)