City of Ojai, CA Design Review Permits

An application for a design review permit shall be filed in compliance with Section 10-2.1805.

For project applications other than those for which a precise plan of design is required, the plans, elevations and other drawings and information necessary to permit adequate review by the Commission shall be prescribed by the Director and the requirements therefor be made available to each applicant by the Department.

Each project application with accompanying information shall be considered by the Commission at the first reasonably practical scheduled meeting after the application is deemed complete. The Commission may continue the matter to the next meeting or any future meeting at the discretion of the Commission.

The Commission may grant or deny the application, in whole or in part, and with such conditions, modifications and limitations as it deems appropriate to carry out the purposes and standards of this article subject to the following limitations:

The basis for approving, conditionally approving or denying a design review permit is expressly limited to physical attributes of a project as opposed to use, occupancy or considerations other than compliance with the standards set forth in Sections 10-2.2004 and 10-2.2009.

Approval, conditional approval or denial of a design review permit (including appeals filed pursuant to Article 30) shall be accompanied with findings, supported by substantial evidence, that the action is justified on the basis of the findings set forth in Sections 10-2.2004 and 10-2.2009.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 5, Ord. 827, eff. June 28, 2013)

§ 10-2.2003 Applicability.

The following proposed projects shall be subject to design permit review by the Commission:

All applications for building permits, other than an application for the construction of or an improvement to a single-family residential dwelling in a single-family zone; provided, however, that if the application for a building permit is for the construction of a single-story residential dwelling equal to or in excess of 24 feet in height, a two story single-family residential dwelling or a second story addition to an existing single-family residential dwelling or single-family residential dwellings within a subdivision by the subdivider thereof, the application shall be subject to review by the Commission;

All applications for construction or reconstruction of any building or structure requiring a conditional use permit, minor variance, planned development permit or variance;

Any construction (whether or not a building permit is required) which affects the exterior elevation of any existing building or structure other than a single-story single-family residential dwelling;

A change in the use of an existing commercial or industrial building which will require additional parking; and

Any exterior alteration (whether or not a building permit is required) that modifies the structure, architectural details or visual characteristics, such as paint color, surface texture, grading and paving, of any property located within the C-1 (general/commercial), BP (business/professional commercial) and VMU (village mixed use) zones; provided, however, that the foregoing provisions of this subsection shall not apply to routine maintenance of existing structures.

Notwithstanding the provisions of this section, the Director shall be empowered to exempt from design review by the Commission those projects which, in his or her opinion, are minor in nature and the review of which by the Commission would not serve to carry out the purposes of this article.

So long as the design criteria for a second residential unit set forth in Section 10-2.1709(d) are met as determined by the Director, and provided that the second residential unit does not entail two-story construction or alteration of the second story of an existing two-story principal residence, a Design Review Permit shall not be required pursuant to this Section. At the applicant's discretion (with or without a Director's determination), a Design Review Permit may be sought directly from the Commission, in which case, the Commission's decision shall be final.

So long as the design criteria set forth in Section 10-2.1709(d) are met as determined by the Director, and provided that a home split (as defined in Section 10-2.3602) does not entail two-story construction or alteration of the second story of an existing two story principal residence, a Design Review Permit shall not be required under Section 10-2.2003 for exterior physical alterations to the existing principal residence or expansions of up to 10% of the existing floor area.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by §§ 3, 6, Ord. 826, eff. June 28, 2013, and § 4, Ord. 840, eff. June 13, 2014)

§ 10-2.2004 Standards.

In reviewing project applications subject to the provisions of Section 10-2.2003, the Director, Commission and the Council shall be guided by the purposes of this article, the general standards set forth in this section and such written policies as the Commission from time to time may adopt consistent with such purposes and standards.

All projects shall be evaluated for adherence to the following design principles (illustrated in Figures 1-1 and 1-2):

Context - new structures should employ materials, colors, textures, styles, building mass, and scale that are compatible with the architectural character and form of surrounding buildings, as appropriate;

Continuity - buildings should be set back from the street consistent with the pattern of existing development located in the vicinity of the property;

Scale - building forms should maintain a human scale at the street and an appropriate height transition to adjacent properties; and

Architectural Design - high quality architecture should be employed to avoid monotonous building elevations and create architectural interest.

All projects shall be evaluated for compliance with applicable general plan policies, in particular, the following:

LU-2 - Preserve the following physical components of Ojai's small town character, along with the desirable features of individual neighborhoods, and incorporate them into the design of new development wherever feasible.

(A)

Retention of a feeling of openness and preservation of views of the hills and mountains which form the Ojai Valley, defining the extent of urban development, as well as preservation of the natural character of these hillside areas.

(B)

Preservation of significant community monuments such as Libbey Park, the arcade, and the post office, as well as the visual prominence of these features within the downtown area.

(C)

An emphasis on the retention of natural landforms and the natural environment over its conversion to urban forms; and an emphasis on ease of pedestrian and bicycle access and transportation.

(D)

A generally low profile form of development.

LU-10 - Require that new developments be at an appropriate density or intensity based upon compatibility with the majority of existing surrounding uses. As part of the development review process, treat the densities and intensities outlined in the Land Use Element for specific designations as the maximum allowable, and do not approve the maximum allowable density or intensity unless the proposed project is consistent with provisions of each of the elements of the Ojai General Plan.

(A)

Require that adequate buffering and transitions be provided between dissimilar uses. Where a question of compatibility exists, require the new use to conform to the lower intensity.

(B)

As part of the development review process, new development or the alteration of existing development is to be viewed not only as a freestanding object, but also as part of a street, neighborhood, and as part of the entire community.

(C)

Require that the bulk and massing of new structures relate to the prevailing or planned scale of adjacent development. Require that setbacks from sweets relate to existing setbacks along the street, the scale of the structure, and the desired character of the development.

(D)

Require that new development respect the views of existing developments; provide view corridors which are oriented toward existing or proposed community amenities, such as parks, open spaces, and natural features.

All Affordable Housing projects developed on property with an SPL designation shall be evaluated for adherence to the following design parameters:

Building Height - Building heights allowed under the SPL zone designation shall be treated as the maximum allowable and projects shall not be approved to the maximum allowable unless all of the requirements of Sections 10-2.2004 and 10-2.2009 are met; and

Site-Specific Considerations - All Affordable Housing projects proposed on property with an SPL zone designation shall adhere to the site-specific design parameters listed in Section 10-2.704, Table 2-10.

All projects shall be evaluated for adherence to the following general standards:

All buildings shall be designed in accordance with recognized principles of architectural design and shall harmonize with or complement adjacent or nearby principal structures. Nearby structures which are obsolete or of no architectural importance may be disregarded.

The overbuilding of a site shall be discouraged. The provision of open areas that will permit suitable landscaping complementary to the proposed design, such as front setbacks, walls, courts, patios, planters, window boxes and the like are elements that will contribute substantial economic benefits to the owner and enhance the beauty of the neighborhood.

The Commission recognizes the requirements of contemporary, business and society and that modern methods of construction and new materials make possible many solutions of a design consistent with these standards and the purposes of this article, and the Commission does not intend to restrict ingenuity provided the design is compatible with adjacent or nearby principal structures. "False-front" designs shall be discouraged.

The choice of materials, such as stucco or masonry walls in light tones and irregular textures with roofs of tile or other coarse material, should reflect the inherent character of the building. Harsh, boxlike forms, the extensive use of glossy surfaces, bright metals or strong and glaring colors are not generally consistent with the purposes of this article and will not be favorably considered.

The design of signs and other advertising media should harmonize with and be subordinate to the building served.

(6)

The color of the building and trim is of utmost importance in relating a building to its surroundings. Proper study of the color scheme will result in improved aesthetic values that will reflect true value in the property to the owner and to the community. Soft, muted colors will receive most favorable consideration.

(7)

Buildings and structures proposed to be erected in manufacturing zones shall reflect compliance with the policies set forth in this section consistent with the limitations of the structure, with due consideration of screen planting and other similar devices to improve the appearance of the property.

(8)

The area surrounding the central business district, through the original construction of the Arcade and adjacent buildings, has established an architectural character which is known far and wide, and its perpetuation is important to the people of the City. Therefore, design guidelines have been established where special emphasis has been placed on maintaining a harmonious design in keeping with, and complementing, the existing patterns of the central business district. This does not mean the literal copying of existing styles, but rather the maintenance of appropriateness and harmony in relation to the existing buildings of traditional significance in the area. Such buildings can still be functionally planned and be appropriate to the needs of changing times, but with emphasis on the selection of materials and colors as suggested in this section. Adherence to these principles will be of major influence in determining the acceptability of a proposed design.

(9)

To the maximum extent feasible (as defined in Section 10-2.704), the profile of buildings in excess of two stories shall be moderated through a combination of means, including, but not limited to:

(A)

A graduated stair stepping of stories with increased setbacks from the story below;

(B)

Construction of subterranean parking so as to expose only the upper two stories as viewed by the public; and

(C)

Contouring of the building site through grading techniques that effectively accomplish the same objectives.

(e)

All projects shall be evaluated for compliance with the standards of review set forth in Section 10-2.2009, in particular, the following:

Existing open space which can be viewed from State highways shall be protected to the extent feasible and consistent with the proposed land use. Existing scenic vistas shall be protected to the extent feasible and consistent with the proposed land use.

The following are so designed and arranged that traffic congestion is avoided, pedestrian and vehicular safety and welfare are provided and no adverse effect of any type on surrounding property will result: (i) buildings, structures and improvements; (ii) vehicular ingress, egress and internal circulation; (iii) setbacks; (iv) height of buildings; (v) location of services; (vi) walls and fences; and (vii) landscaping.

(f)

Architectural features and rooflines in residential zones with height in excess of 25 feet, but no more than 30 feet in height, may be approved provided that such features are consistent with the context of the neighborhood, do not have an unreasonable deleterious impact on neighboring properties, comply with Section 10-2.405 regarding solar access, do not have a deleterious impact on viewsheds and are otherwise consistent with the requirements of this section. This does not include habitable space.

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 6, Ord. 827, eff. June 28, 2013, and § 5, Ord. 840, eff. June 13, 2014)

§ 10-2.2005 Reference to design guidelines/policies.

The Director shall refer to any design guidelines/policies that have been adopted by the Council/Commission in order to provide guidance to applicants seeking to comply with the requirements of this article. The Council/Commission may amend the design guidelines/policies whenever deemed appropriate in order to carry out the purpose of this article. Copies of any adopted design guidelines/policies shall be available to the public at the Department.

The adopted design guidelines are to be used by property owners, developers, architects, designers and landscape architects in the planning and design of projects in the City. The design guidelines communicate the desired qualities and characteristics of development and are intended to promote quality design that is compatible with the surrounding neighborhood and what is desired to help implement the General Plan. The design guidelines/policies are used by City staff, the Commission and the Council as adopted criteria for the review of development proposals subject to design review.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2006 Public structures and complete streets.

Public structures. No public building or structure, fountain, monument, wall, arch or other structure shall be erected, placed on or upon or be removed from, relocated or altered on or upon any public land or be allowed to extend over or upon any street, avenue, square, park, recreation ground or other public property unless plans for the same and the location thereof shall first have been approved by the Commission.

Complete streets. Every project subject to design review under this article shall affirmatively further the principles and practices of complete streets, where feasible (as defined in Section 10-2.704). As used herein, the term "complete streets" means the accommodation of all travelers, particularly public transit users, bicyclists, pedestrians (including individuals of all ages and individuals with mobility, sensory, neurological, or hidden disabilities), and motorists, to enable all travelers to use the roadway safely and efficiently.

Design guidelines. The Commission shall devise design guidelines relating to the design, planning, construction, reconstruction, rehabilitation, and maintenance of public rights-of-way in furtherance of the principles and practices of complete streets. In the absence of locally adopted guidelines, the Commission shall employ the following resources to guide its design review: "Complete Streets Local Policy Workbook" (published by Smart Growth America and National Complete Streets Coalition, in Association with the Walkable and Livable Communities Institute, August 2012); and "Complete Streets Best Policy and Implementation Practices" (published by American Planning Association Planning Advisory Service, 2010).

(§ 3, Ord. 771, eff. February 13, 2004, as amended by § 3, Ord. 828, eff. July 11, 2013)

§ 10-2.2007 Precise plans—When required.

Unless the Director or the Commission has determined that a precise plan of design is not required, the following project applications shall be accompanied by a precise plan of design:

Any application for a building permit to commence the new construction of the following:

Any building other than a single-family residential dwelling in a single-family zone; provided, however, that if the proposed project consists of a two story single-family residential dwelling or a second story addition to an existing single-family residential dwelling or the construction of single-family residential dwellings within a subdivision by the subdivider thereof, then, in that event, such application shall require a precise plan of design; and

A structure or building for which a conditional use permit, minor variance, planned development permit or variance is required.

Any application for a building permit to remodel or reconstruct more than 50% of the floor area of any existing building other than a single-family residential dwelling, except as provided in subsection (a)(1) hereinabove.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2008 Precise plans—Contents.

Where a precise plan of design is required, an applicant shall submit sufficient copies thereof, as determined by the Department, for review by the Commission. The Council, by resolution, may establish fees for the review of precise plans in addition to any other fees provided in connection with the project application. The precise plan shall be drawn to scale appropriate for display purposes and shall indicate clearly and with full dimensioning the following information:

The lot dimensions;

All buildings and structures, including the location, size, height, color, architectural treatment and proposed use, the trash enclosure areas, mechanical equipment, storage yards and the like, as well as crosssection elevations indicating the relationship between the proposed buildings and structures and the surrounding grades, adjacent lots and streets and the proposed drainage patterns for the site;

A site plan that includes the ground elevations, dimensions, quantity, location and extent of any proposed grading and cross-section views through the property to be graded demonstrating the relationship of the proposed cut and fill to the natural grade and the proposed pattern for the site;

The yards and spaces between buildings;

(e)

The walls and fences, including the location, height and materials;

(f)

The off-street parking, including the location, the number of parking spaces and/or the dimensions of the parking area and internal circulation patterns;

(g)

The access, including pedestrian, vehicular, service and plans of ingress and egress;

(h)

The signs, including the location, size, height, color, intensity of lighting and the like, as provided for in Article 16 of this chapter;

(i)

The loading, including the location, dimensions, number of parking spaces and internal circulation;

(j)

The site lighting, including the location, general type and shielding devices;

(k)

The landscaping and irrigation plan in accordance with Article 12 of this chapter, including the location, container size, common and botanical names, irrigation lines, sprinkler head sizes and locations and all existing trees and the approximate size and species of those to be retained;

(l)

The street widths, dedications and improvements, including the curbs, gutters and sidewalks;

(m)

The "will serve" letters from respective agencies certifying the availability of utilities;

(n)

The location and description of existing and proposed utility services on and adjacent to the development, including water and sewer mains, drainage and power and telephone lines;

(o)

The location and dimensions of any utility, access or general-purpose easements;

(p)

The location and dimensions of ingress and egress points providing direct access from or to the site from a public road or State highway;

(q)

The location and height, including cross-section elevations, of any structure on the site which may affect State highway lines of sight or safety or which may affect views from adjacent properties and from State highways;

(r)

For all uses other than single-family dwellings and uses which, pursuant to the manual titled Trip Generation (Institute of Transportation Engineers), produce less than 50 average daily trips per day and which have direct access to a State highway, as shown on the circulation element of the Ojai General Plan or any applicable and adopted specific plan, the following shall be required: a traffic analysis performed by a registered professional engineer indicating the anticipated or projected average daily trip generation (ADT) and peak hourly traffic resulting from the proposed use; proposed vehicle stacking areas; sight-distances from the access points; distances from proposed access points to existing intersections and driveways within 500 feet; the directional distribution of site-generated trips; estimated trip lengths; distribution of in-bound and outbound trips; assignment of site-generated trips to competing routes (State highways, collectors, local streets); turning movements at driveways intersecting with the abutting State highway; identification of congestion and turning movement conflict; need for traffic signalization or control; need for acceleration/deceleration lanes and/or left- and right-turn lanes at key intersections, the need, if any, for other traffic mitigation measures, including, but not limited to, construction of improvements, access control techniques and transportation system management techniques; and a parking analysis indicating the required number of parking spaces per square foot or other relevant unit of measurement, for uses or a mix of uses not otherwise listed in Section 10-2.1405 of these Zoning Regulations.

At the option of the applicant for development approval, the traffic analysis may be undertaken and performed by a registered professional engineer retained by the applicant subject to approval by the City, or, by the City, but with the cost thereof borne by the applicant. In either case, the traffic analysis shall be based, to the maximum extent possible, upon data and information from public (City, County and State) sources and may rely, to the extent practicable, on similar studies performed by the City or other applicants for development projects abutting the same State highway providing the primary access to the subject development. The traffic analysis may be performed as part of a required project-specific environmental review, but, if so, must meet all applicable CEQA requirements as well as the requirements of this article; and

(s)

Such other data as may be required to permit the findings set forth in this article.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2009 Findings and decision.

Within the time that is provided in Article 32 of this chapter for the review of project applications, the Commission shall approve, if the conditions deemed necessary to protect the public health, safety and welfare are met, or disapprove, if the requirements of the zoning or other regulations of the Municipal Code are not met, the design review permit. In approving the design review permit, the Commission shall find that:

All basic provisions of these Zoning Regulations are complied with;

Buildings, structures and improvements,

Vehicular ingress, egress and internal circulation,

Setbacks,

Height of buildings,

Location of services,

(6)

Walls and fences, and

(7)

Landscaping;

The proposed lighting is so arranged as to be directed away from adjoining properties;

The proposed signs shall not, by size, location, color or lighting, interfere with traffic, limit visibility or be so directed as to adversely affect surrounding properties or be in conflict with any provision of these Zoning Regulations; and

(e)

In approving a design review permit for a development with direct access to a State highway as shown on the circulation element of the Ojai General Plan or any applicable and adopted specific plan, the Commission shall make the following supplemental findings:

That existing open space which can be viewed from State highways is protected to the extent feasible and consistent with the proposed land use,

That existing scenic vistas are protected to the extent feasible and consistent with the proposed land use,

That the performance standards of this article are complied with,

That the site design and development of the proposed use is consistent with the General Plan and any applicable and adopted specific plan,

That the proposed development will not cause existing State highways which are functioning at an acceptable level of service to function below an acceptable service level,

(6)

That the proposed development will not worsen traffic conditions on existing State highways which are currently functioning below an acceptable service level,

(7)

That the proposed development will not cause future State highways to function below an acceptable service level, and

(8)

That, if the findings set out in subsections (5) through (7) above cannot be made, the applicant shall submit a plan for mitigation, including, but not necessarily limited to, a project construction schedule and funding commitment for specific road improvements which would ensure that the finding could be made within a reasonable period of time.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2010 Design review permit—Dates and signatures.

The approved design review permit, with any conditions shown thereon or attached thereto, shall be dated and signed by the Director. One copy of such approved design review permit and conditions shall be promptly mailed to the applicant.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2011 Design review permit—Conformity—Determinations of the Building Official.

Before a building permit may be issued for any building or structure requiring Commission approval, the Building Official shall make a determination that the proposed building or structure is in conformity with the plans, conditions and other provisions of such design review permit.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2012 Modification of design review permit.

Substantial revisions to an approved design review permit required by the provisions of this article shall be made in exactly the same manner as required by the provisions of this article for its original approval. Minor revisions to an approved design review permit or other plan may be approved by the Director. The determination of whether revisions to an approved design review permit are substantial or minor in nature shall be made by the Director.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2013 Compliance required.

No person shall violate or fail to comply with any approved design review permit or any conditions or provisions thereof, nor shall a building permit be issued for any structure which would violate or fail to comply with any approved design review permit for the parcel or parcels on which such structure is to be located.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2014 Approvals and conditions—Compliance.

No final inspection shall be performed, nor shall any occupancy permit be issued, unless the completed work complies with all plans approved and conditions of the design review permit required by the Commission.

(§ 3, Ord. 771, eff. February 13, 2004)

§ 10-2.2015 Design review permit expiration.