The Planning Director shall review each application and determine
whether or not the proposed development conforms to the General Plan,
including all elements thereof and any applicable and adopted Specific
Plan.
(§ 1, Ord. 686, eff. August 9, 1991)
No application will be considered unless it fully complies with
all applicable zoning provisions, the General Plan and all elements
thereof and any applicable and adopted Specific Plan.
(§ 1, Ord. 686, eff. August 9, 1991)
No person may receive or participate in receiving more than
the maximum office and retail commercial development allotment per
year, except as provided in this article.
(§ 1, Ord. 686, eff. August 9, 1991)
No commercial development allotment will be permitted in any
one year in excess of the maximum permitted by this chapter unless
the Planning Director determines (a) that the commercial development
project cannot reasonably be divided into phases and staged over a
multi-year time period; (b) that the project is clearly preferential,
based on the development evaluation, to all other commercial development
projects for which allotments are being sought at that time; and (c)
that the commercial development project will not exceed the maximum
combined office and retail commercial allotment for the three year
period beginning with the year in which the allotment is sought.
(§ 1, Ord. 686, eff. August 9, 1991)
No application will be considered if the City sewage disposal,
drainage, and other public facilities, including transportation, are
inadequate to accommodate the development at defined service level
standards pursuant to applicable General and Specific Plans.
(§ 1, Ord. 686, eff. August 9, 1991)
(a) The Planning Director shall accept applications for commercial development
allotments for each semi-annual application period.
(b) The Planning Director, within 60 days of the final date for submission
of applications in any given semi-annual period, shall evaluate each
application and report his findings, in writing, to the Planning Commission,
which may grant or reject the application. If the Planning Commission
determines that a proposed development does not conform to the General
Plan, any applicable specific plan, the zoning district regulations,
or other criteria set forth in this chapter, the application shall
be rejected. In granting or rejecting an application, the Planning
Commission shall base its decision upon the criteria set forth in
this section for preference because of the project's location, the
project's design, and the project's impact on the surrounding area.
(c) Preferences as to project location shall be given applicants whose
projects contain one or more of the following:
(1) Construction on a vacant lot in the downtown area as defined in the
General Plan;
(2) Construction on a vacant lot adjacent to or in close proximity of
the downtown area as defined in the General Plan;
(3) Construction on a vacant lot adjacent to existing commercial development
on all sides;
(4) Redevelopment of an existing commercial use or structure;
(d) Preferences as to a project's design shall be given those applicants
whose proposed projects contain one or more of the following:
(1)
(i) Excellence of site planning and/or architectural design in harmony
with enhancement of the area;
(ii)
Building height, mass, scale orientation, configuration and
proposed materials, color, and vegetation compatible with the general
character of the area;
(iii)
Avoidance of site overcrowding with buildings;
(iv)
Providing for ample landscaping and off-street parking;
(v) Minimum interference with natural topography;
(vii)
Minimum interference with traffic flows and capacity of adjacent
thoroughfares;
(viii)
Minimum number of driveway access points or joint access with
existing adjacent uses;
(ix)
Provision of transportation mitigation measures to minimize
impacts on the level of service of adjacent thoroughfares;
(x) Minimum number of new trips generated;
(2)
(i) Functional pedestrian and bicycle circulation;
(ii)
Minimum impact of parking and lighting on adjacent properties
and public rights-of-way;
(iv)
Ample provisions for the maintenance of the premises;
(v) Ample provisions for general storage;
(vi)
Ample provisions for general lighting; and
(vii)
Ample provisions for security;
(3) Projects which promote jobs/housing balance, such as mixed use developments;
and
(4)
(i) Proposed performance methods assuring high standards of design and
construction and satisfactory completion of the developer's commitment;
or
(ii)
Consideration of the developer's previous performances; and
(iii)
Thoroughness and readiness of the project.
(e) Preference as to a project's impact on the surrounding area shall
be given applicants whose projects:
(1) Are compatible with existing adjacent uses;
(2) Will not increase the need for major off-site public improvements,
which can be served by an existing street system and will not cause
any local, collector or arterial street to operate below its specified
service level;
(3) Do not require right-of-way, access, or utility easements for their
construction;
(4) Are not in or near known hazardous flood, fire, earthquake, or slide
areas; and
(5) Will not require more than two foot cuts or fills and/or will not
cause scars in the natural topography.
(f) The Planning Commission shall review all commercial development allotment applications. After evaluating each proposed development giving due preference for the criteria set forth in subsections
(c),
(d), and
(e) of this section, the Planning Commission shall award allocations of allotments. Projects containing the highest number of items of preference shall have first priority. However, the Planning Commission shall award no more allocations than authorized by this chapter.
(§ 1, Ord. 686, eff. August 9, 1991)
Applicants awarded commercial allotments shall follow the procedure
for obtaining building permits set forth in the Ojai Municipal Code.
Any project not forwarded for further processing during an allocation
period, upon a request, shall be reviewed again during the next semi-annual
period and comparatively ranked with new applications.
(§ 1, Ord. 686, eff. August 9, 1991)
Applicants whose applications are rejected shall be given notice
of such rejection within 10 days after the allotments are awarded
by the Planning Commission. Notice shall be given by the Planning
Director by mail to the applicant at his address as shown in the application.
All applicants requesting that their application remain on file
for the next two application periods shall notify the Planning Director
in writing within 10 days after receiving their notice of rejection.
Failure to notify the Planning Director of such request will cause
the existing application to expire. All expired applications filed
for the succeeding application period shall be accompanied by an additional
application fee.
(§ 1, Ord. 686, eff. August 9, 1991)