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 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 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.
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
|
(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 corridor design, safety,
and operating speeds. The minimum required distance between driveways
shall be as shown in Table 2-9.
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
|
(§ 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 the
California
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 Section
12900 et seq., including 12955.9 in particular), which has been "designed
to meet the physical and social needs of senior 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.
Table 2-10
SPL SITE DESIGNATIONS
|
---|
SPL Sites
|
Allowed SPL Uses
|
Design Parameters
|
---|
Site #
See Table 2-11
|
APN
|
---|
6
|
0220140010
|
Affordable Housing and Senior Housing
|
Building mass and scale must be integrated with surrounding
predominately one- and two-story construction
|
7
|
0220140480
|
Affordable Housing and Senior Housing
|
Frontage of Ojai Avenue must be commercial or vertical mixed
use with commercial at street level; balance of site may be mixed
use or stand-alone residential
|
9
|
0230072010, 0230072070
|
Affordable Housing and Senior Housing
|
Building mass and scale must be integrated with surrounding
predominately one- and two-story construction
|
10
|
0230090010
|
Affordable Housing and Senior Housing
|
Clustered development, taking into account site constraints
and 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 Housing and Senior Housing
|
Clustered development, taking into account site constraints
and 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 Housing and Senior Housing
|
Primary access should be provided from Whispering Oaks with
emergency exiting at Bryant Street
|
21
|
0280073010
|
Affordable Housing and Senior Housing
|
Frontage of Ojai Avenue must be commercial or vertical mixed
use with commercial at street level; balance of site may be mixed
use or stand-alone residential
|
23
|
0210092010
|
Affordable Housing and Senior Housing
|
Building mass and scale must be integrated with surrounding
predominately one- and two-story construction
|
(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 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 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.
(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 first-quality 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), 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)