Produces an environmentally desirable character;

Is compatible with existing and future development; and

Protects the use and enjoyment of neighboring properties, consistent with the General Plan, and any applicable specific plan.

These requirements apply to all proposed development and new land uses, and shall be considered in combination with the standards for each zoning district in Article 2 of this chapter. If there is a conflict, the standards specific to the zoning district shall override these general standards.

All new or modified structures and uses (including changes in use) shall conform with all of the following standards before construction, change in use, or during normal operations, unless specifically exempted. All existing uses shall comply with the operational standards (e.g., dust and dirt, fumes, glare) as determined applicable by the Director.

This section describes the required methods for measuring the height of structures in compliance with the height limits established by these Zoning Regulations and exceptions to the height limits.

The height of structures shall not exceed the standard for the applicable zoning district, except as otherwise provided by this article.

The maximum allowable height shall be measured as the vertical distance from the existing grade of the site to the allowed number of feet above grade. See Figure 3-1.

The review authority may approve exceptions to the height limits of these Zoning Regulations as follows:

Development proposed adjacent to any public or private street or alley intersection shall be designed to provide a corner visibility area for pedestrian and traffic safety. See Figure 3-2.

A corner cutoff-intersection visibility area is a triangle measured as follows, and may include private property and/or public right-of-way:

Structures, fences, walls, or screening shall not exceed 36 inches in height within the intersection visibility area, unless approved by the Community Development Director by a zoning clearance issued under Title 10, Chapter 2, Article 19 (Zoning Clearance). Hedges within the intersection visibility area must meet the standards set in Section 10-2.805(e) (Hedges).

This section provides standards for the size of setbacks. These standards provide open areas around structures for: visibility and traffic safety; access to and around structures; access to natural light, ventilation, and direct sunlight; separation of incompatible land uses; and space for privacy, landscaping, and recreation.

All structures shall comply with the setback requirements of each zoning district, and with any setbacks established for specific uses by this article, except as otherwise provided by this section. Portions of any structure, including eaves or roof overhangs, shall not extend beyond a property line or into an access easement or street right-of-way, without first securing an encroachment permit.

Setbacks shall be measured as follows:

The minimum setback requirements of these Zoning Regulations apply to all development and new land uses, except for the following:

Attached architectural features and certain detached structures may project beyond the wall of the structure and into the front, side, and rear setbacks, in compliance with the following requirements:

The minimum distance between residential structures on the same parcel shall comply with Table 3-2.

The requirements for fences, walls, hedges, and screening are to ensure that they:

The provisions of this section apply to all fences, walls, hedges, and screening, except as provided by this section.

The following fences, walls, and screening are exempt from the requirements of this section:

The requirements of this section may be modified by the Community Development Director through a minor variance pursuant to Title 10, Chapter 2, Article 25 (Minor Variances).

Hedges. As living plants providing environmental benefits and separation, screening, and buffering purposes, hedges shall be regulated under the standards set forth in this subsection, distinct from the requirements applicable to fixed, artificially constructed fences, walls, and screening. Hedges cannot be planted, maintained, or subjected to failed maintenance in a manner that creates any of the following situations:

Fences, walls, and screening shall comply with the following requirements:

Walls required between different zoning districts. Walls shall be provided and maintained between different zoning districts in the following manner:

Swimming pools/spas and other similar water features shall be surrounded by a fence, wall, or solid screen in compliance with the City's adopted Uniform Building Code, and such fencing shall comply with the applicable standards of Sections 10-2.803 (Height measurement and exceptions). 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls. hedges, and screening).

This subsection establishes standards for the screening, separating, and buffering of adjoining residential and nonresidential land uses, equipment and outdoor storage areas, and surface parking areas by walls, fences, and screening.

Outdoor building and garden supply areas shall be screened with fencing, landscaping, meshing, walls, screening or similar material to minimize visibility of the storage area from the public rights-of-way.

Zoning clearance required for new or replacement fences, walls, or screening. Prior to the installation of any new or replacement fence, wall, or screening, the property owner or representative must apply to the City for a Zoning Clearance under Title 10, Chapter 2, Article 19 (Zoning Clearances). A Zoning Clearance for a fence, wall, or screening shall be a ministerial permit issued by the Community Development Director upon a finding that a proposed fence, wall, or screen complies with all applicable provisions of Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), this section, and the Ojai Municipal Code. Existing legal nonconforming fences, walls, and screening may be repaired, but not replaced, in compliance with the requirements of Section 10-2.1315.

The Community Development Director shall promulgate an application form for this permit, which shall include a requirement that each applicant for a fence, wall, or screening demonstrate having provided written notice to all adjoining property owners of the proposed fence, wall, or screening.

The City Council establishes a fifty dollar ($50.00) fee for this permit, subject to change by City Council resolution.

Uses, activities, or processes shall not generate or emit any visible dust, gasses, or smoke, except as necessary for the heating or cooling of structures, and the operation of motor vehicles, farming equipment and gardening equipment on the site.

All lighting of landscaping, parking areas, structures, or similar facilities shall be in compliance with Title 10, Chapter 2, Article 16.5 (Exterior Lighting Standards). In addition, for all such lighting except holiday accent lighting, lights shall not blink or flash.

Tivoli lights (e.g., small accent string lights) may be installed on structures and within the landscaped areas, subject to the approval of the Director or Commission through the design review process (Title 10, Chapter 2, Article 20 (Design Review Permits).

Uses shall not generate ground vibration perceptible without instruments by a reasonable person at the property lines of the site, except those associated with motor vehicles in "regular working order."

Uses shall not generate or emit any obnoxious odor or fumes that are perceptible without instruments by a reasonable person at the property lines of the site, except those associated with motor vehicles in "regular working order."

The use, handling, storage, and transportation of combustibles and explosives shall comply with the Uniform Fire Code (National Fire Protection Association (NFPA) Code 1).

Uses, activities, or processes shall not emit dangerous radioactivity, or electrical disturbance or electromagnetic interference with normal radio or television reception or with the function of other electronic equipment beyond the property lines of the site.

All storage of appliances, furniture, and other similar equipment or materials shall be within a permanent structure and completely screened from public view, except for temporary storage during construction or remodeling under an active building permit.

Liquids shall not be discharged into a public or private body of water, sewage system, watercourse, or into the ground, except in compliance with applicable regulations of the Los Angeles Regional Water Quality Control Board (RWQCB) and the City adopted National Pollution Discharge Elimination Standards (NPDES).

This section provides standards which recognize the City's support for and compliance with the California Solid Waste Reuse and Recycling Access Act of 1991 (Public Resources Code Sections 42900 through 42911 as amended).

The requirements of this section apply to new multi-family and non-residential development, or modifications to existing development that increase gross floor area by 25% or more.

Solid waste and recyclables storage areas shall be provided in the number, dimensions, and types required by the local waste hauler. Additional storage areas may be required, subject to the approval of the Director.

Storage areas shall be fully enclosed by a six foot high masonry wall or other solid enclosure that is architecturally compatible with adjacent structures. Gates are required to be solid and in continual working order. Landscaping shall be provided to soften and screen the enclosure in compliance with Title 10, Chapter 2, Article 12 (Landscaping Standards).

All existing and proposed on-site utility facilities (including cable television, electric, natural gas and telecommunication lines) intended to serve a new structure shall be installed underground from the utility company distribution line to the structure, except for equipment appurtenant to underground facilities, including surface-mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts.

The applicant is responsible for complying with the requirements of this section and shall make the necessary arrangements with the affected utility companies for facility installation. The review authority may waive the requirements of this section if topographical, soil, or any other conditions make underground installation unreasonable or impractical.

Underground utility lines may be installed within street rights-of-way or along any lot line. When installed within street rights-of-way, their location and method of installation shall be subject to the approval of the City Engineer.

Basic provisions. Except as provided below, the conversion or demolition of existing residential dwelling units inhabited by persons and families of extremely low, very low, low or moderate income shall not be authorized unless provisions have been made for the replacement of those dwelling units with affordable units under the terms and conditions summarized in Table 4-5. The replacement housing requirements of this section may be satisfied through one or a combination of the following means: (1) on-site construction as part of the residential project; (2) payment of a housing in-lieu fee; or (3) equivalent action, subject to City Council review and approval, which will affirmatively further affordable housing opportunities to an equal or greater extent than on-site construction or payment of in-lieu fees. The following residential projects are expressly exempt from the requirements of this section:

Affordable occupancy. The replacement housing obligations under this section and shall correspond to the same or a lower income category (extremely low, very low, low, or moderate), as the persons and families displaced from those destroyed or removed units. The developer shall bear the burden of proving the status of occupancy at the time application is filed with the City for a land use permit (as defined in Section 10-2.3602 (Definitions of specialized terms and phrases), subsection (l)(1)) allowing such conversion or demolition. Data shall be obtained and verified by such methods as may be necessary and reasonable to ensure full, true and complete information from which to base determinations in accordance with the definitions set forth in Section 10-2.902 (Definitions). In the absence of such data, or where occupancy cannot be established at the time of conversion or demolition: (1) all displaced dwellings shall be deemed inhabited by target households; and (2) all replacement affordable units shall be in proportion to the needs identified in the City's Housing Element for extremely low, very low, low and moderate income.

(Reserved).

Agency involvement. Where the conversion or demolition of a residential structure is part of a redevelopment project that is subject to a written agreement with the Agency or where financial assistance has been provided by the Agency, replacement housing requirements shall be governed by Section 33413(a) of the California Health and Safety Code.

Condition compliance. Every entitlement for a residential project that is subject to the provisions of this section shall contain a condition detailing the method of compliance with this section, as applicable. Every final and parcel map shall bear a note indicating whether compliance with the requirements of this section must be met prior to issuance of a building permit for each lot created by such map. In addition, an affordable housing agreement (consistent with the provisions of Section 10-2.704 (Special housing overlay (SPL) district), subsection (g)(3)) shall be made a condition of zoning clearance and building permit issuance for all residential projects pursuant to this section. The affordable housing agreement shall: (1) be prepared and submitted by the developer of each residential project; (2) be subject to review and approval by the City Council prior to execution; and (3) be recorded as a restriction on the parcel or parcels on which the affordable units will be constructed.

Basic provisions. Except as otherwise provided in this section, no residentially designated property shall be rezoned which results in a reduction of residential development capacity (i.e., a re-designation of land use from residential to a nonresidential, or a decrease in residential density) unless the developer compensates for the difference between the number of affordable units computed prior to the change compared to the number of affordable units computed after the change based on maximum allowable densities (hereinafter referred to as the "inclusionary differential"). The provisions of this section do not apply to zone changes and ordinance amendments that are initiated by the City Council.

Production alternatives. The inclusionary differential requirements of this section may be satisfied through one or a combination of the following means: (1) on-site construction of affordable units on the site which is rezoned or otherwise reduced in density; (2) payment of a housing in-lieu fee; or (3) equivalent action, subject to City Council review and approval, which will affirmatively further affordable housing opportunities to an equal or greater extent than on-site construction or payment of in-lieu fees. For fractions of affordable units, the developer may elect, at his or her option, to construct the next higher whole number of affordable units or pay a housing in-lieu fee for the fractional amount.

Basic provisions. Residential or mixed-use development projects proposing a development of five or more multifamily residential dwelling units located in the R-2, R-3, R-S, VMU and SPL overlay district zones shall be eligible for a density bonus in accordance with this section. The City shall grant a density bonus to a developer of a residential or mixed-use project who agrees to provide at least one of the following: (1) 10% of the total units of a residential project as affordable units for lower income households; (2) 5% of the total units of a residential or mixed-use project as affordable units for very low income households; (3) 100% of the total dwelling units of a residential or mixed-use project as affordable units for qualifying residents; (4) 10% of the total units of a common interest residential project, as defined in Section 1351 of the California Civil Code, in which the affordable units are offered for sale to moderate income households; (5) 10 of the total units of a residential or mixed-use project for transitional foster youth, as defined in Section 66025.9 of the Education Code, disabled veterans, as defined in Section 18541 of the Government Code, or homeless persons, as defined in the Federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Section 11301 et seq.), in which the affordable units are subject to a recorded affordability restriction of 55 years for very low income households; or (6) one acre of donated land meeting the requirements, criteria and limitations of Government Code Section 65915(g). For purposes of this section, a mixed-use project is a residential project meeting the definition of mixed-use in Section 10-2.3602(m) and consists of at least five multifamily dwelling units together with nonresidential, commercial uses that are compatible with the residential units and the existing development in the area where the proposed mixed-use project will be located.

Density bonus calculation. The density bonus for which a developer is entitled shall be determined according to the percentage that affordable units constitute of the total residential or mixed-use project with adjustments according to target household as set forth in Table 4-6. When calculating the number of permitted density bonus units: (1) any fraction of units shall be rounded up to the next whole integer; and (2) the total number of units in the residential or mixed-use project on which the required percentage of affordable units is determined shall not include the density bonus units. Except at the sole discretion of the developer, density bonus units shall be non-restricted units.

Incentives or concessions. Upon the written request of a developer, the City shall provide incentives or concessions in accordance with Table 4-6 and Government Code Section 65915.5 unless the City makes a written finding, based upon substantial evidence, that the incentives or concessions: (1) would not result identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set at the applicable affordability levels; (2) would have an specific adverse impact upon public health and safety, the physical environment or historical resources that cannot otherwise be mitigated without rendering the residential or mixed-use project unaffordable to low- and moderate-income households; or (3) would be contrary to state or federal law. The granting of incentives or concessions will vary for different residential or mixed-use projects and shall be determined on a case-by-case basis as provided in subsection (m) by the project's review authority. The incentives or concessions may include, but are not limited to, any of the following: (1) a reduction of site development standards, including, but not limited to, lot sizes and/or dimensions, setbacks, the ratio of vehicular parking spaces, open space, lot coverage, building height, structural separation, street widths and architectural design; (2) a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the California Health and Safety Code; (3) allowing the residential project to include nonresidential land uses and/or allowing the residential project within one of the following nonresidential zones, C-1 or B-P, if the mix of land uses are deemed compatible with and reduce the costs of the residential project; (4) other regulatory incentives or concessions proposed by the developer or the City which result in identifiable cost reductions or avoidance; (5) waived, reduced, or deferred planning, plan check, construction permit, and/or development impact fees (e.g., capital facilities, park, or traffic fees); and/or (6) direct financial assistance in the form of a loan or a grant to subsidize or provide low interest financing for on or off site improvements, land or construction costs. In the case of waiver or modification of zoning standards, the written request submitted by a developer shall be accompanied with supporting evidence showing that: (1) such waivers or modifications would result in identifiable and actual costs and are necessary to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set at the applicable affordability levels; and (2) application of the development standard will have the effect of precluding construction of the residential or mixed-use project with the density bonus authorized under this section.

Off-street parking requirements. Upon the request of a developer, off-street parking requirements for a residential or mixed-use project shall be reduced to the following maximums: (1) for dwelling units with zero to one bedroom(s) — one on-site parking space for each such dwelling; (2) for dwelling units with two to three bedrooms — two on-site parking spaces for each such dwelling; and (3) for dwelling units with four or more bedrooms — two and one-half (2½) parking spaces for each such dwelling. If the residential or mixeduse project is located within one-half mile of a major transit stop, as defined in Section 21155(b) of the Public Resources Code and includes the maximum percentage of low- or very low-income units in Table 4-6, and there is unobstructed access from the development to the transit stop, the maximum shall not exceed one-half parking space, inclusive of handicapped and guest parking, per dwelling unit. If the total number of parking spaces required for a residential or mixed-use project is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this subsection, a residential or mixed-use project may provide on-site parking through tandem parking or uncovered parking, but not through on-street parking. Furthermore, the reduced parking requirement: (1) shall only apply to residential or mixed-use projects which receive a density bonus under this section; (2) must be specifically requested by a developer; and (3) is in addition to, and not in lieu of, the granting of incentives and concessions as provided in subsection (c).

Child care facilities. Unless the city council finds, based upon substantial evidence, that the community has adequate child care facilities, the City shall grant the following special incentives when a child care facility is proposed as part of a residential or mixed-use project for which a density bonus is granted under the provisions of this section, and such facility will be located on the premises of, as part of, or adjacent to, the residential or mixed-use project: (1) an additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the child care facility; or (2) an incentive or concession that contributes significantly to the economic feasibility of the construction of the child care facility. In exchange for these special incentives, the following conditions shall be imposed upon the residential or mixed-use project: (1) the child care facility shall remain in operation for a period of time that is as long as or longer than the retention period for the density bonus units; and (2) enrollment at the child care facility shall be allocated among the target households in proportion to occupancy and reservation of affordable units within the residential or mixed-use project.

Condominium conversions. Where a residential project consists of converting apartments to condominiums, and the developer agrees to provide at least 33% of the total condominiums as affordable units for lower or moderate income households, or 15% of the total condominiums as affordable units for lower income households, and agrees to pay for the reasonably necessary administrative costs incurred in processing the request, the City shall: (1) grant a density bonus of 25% over the number of existing apartments; or (2) provide an equivalent financial incentive. A developer, at its discretion, may submit a preliminary proposal in advance of formal entitlement and subdivision applications. In such event, the City shall process the request as provided in subsection (k) within 90 days of receipt of a written proposal. Nothing in this section shall be construed to require the City to approve a proposal to convert apartments to condominiums, provided, further that: (1) the City may place such reasonable conditions on the granting of a density bonus or equivalent financial incentive as it finds appropriate; and (2) a developer shall be not be eligible for more than one density bonus or incentive or concession under this section.

Target households. In determining the number of affordable units to be provided pursuant to subsection (b), the maximum residential density shall be multiplied by the density bonus percentages appearing in Table 4-6. The density bonus units shall not be included when determining the total number of affordable units in the residential or mixed-use project. When calculating the required number of affordable units, any resulting decimal fraction shall be rounded to the next larger integer.

Production schedule. Affordable units to be provided pursuant to this section shall be constructed concurrently with non-restricted units as part of the residential or mixed-use project unless both the City and the developer agree within the affordable housing agreement to an alternative schedule for development. Circumstances may arise in which the public interest would be served by allowing some or all of the affordable units associated with one residential or mixed-use project to be produced and operated at an alternative development site. Where the developer and the City form such an agreement, the resulting linked developments shall be considered a single residential or mixed-use project for purposes of this section. Under these circumstances, the developer shall be subject to the same requirements of this section for the affordable units to be provided on the alternative site.

Retention period. Affordable units for which a density bonus is granted under the provisions of this section shall remain restricted and affordable to target households for the time periods set forth below (or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program).

Development standards. The affordable units resulting from density bonuses granted under this section: (1) may either be rental or for-sale dwellings; and (2) shall be comparable in number of bedrooms, exterior appearance and overall quality of construction to non-restricted units. The square footage of affordable units and interior features in affordable units is not required to be the same as or equivalent to those in non-restricted units in the same residential project or residential portion of the mixed-use project, so long as they are of good quality and are consistent with contemporary standards for new housing. Affordable units shall be dispersed throughout the residential project, or residential portion of the mixed-use project, or, subject to the approval of a precise plan of design as provided in Section 10-2.2007, may be clustered within the residential project when this furthers affordable housing opportunities.

Conceptual review. A developer proposing a residential or mixed-use project pursuant to this section may submit its proposal for conceptual review by the City Council and/or Planning Commission prior to the submittal of any formal request for approval of a residential or mixed-use project. The purpose of the conceptual review is to identify issues, concerns and recommendations preparatory to making formal application. The conceptual review process, including form of application and processing fees, if any, shall be determined by the Director.

Conditions precedent. The granting of density bonuses under this section are expressly subject to and contingent upon: (1) obtaining all entitlements applicable to the residential or mixed-use project; and (2) satisfying the California Environmental Quality Act including, as appropriate, the preparation of necessary reviews and documentation in conjunction with entitlement applications for each residential or mixed-use project. In addition, an affordable housing agreement (consistent with the provisions of Section 10-2.704(g)(3)) shall be made a condition of zoning clearance and building permit issuance for all residential or mixed-use projects pursuant to this section. The affordable housing agreement shall: (1) be prepared and submitted by the developer of each residential or mixed-use project; (2) be subject to review and approval by the City Council prior to execution; and (3) be recorded as a restriction on the parcel or parcels on which the affordable units will be constructed.

Application process. An application pursuant to this section shall be processed concurrently with any other application(s) required for the residential project. The applicant shall be provided notice of the application's completeness within 30 days of its submission. Final approval or disapproval of an application (with right of appeal) shall be determined by the decision-making body having jurisdiction over the matter unless the developer requests: (1) a financial equivalent incentive in lieu of a density bonus and/or incentive or concession; or (2) a fee waiver or direct financial assistance is requested as part of an incentive or concession. In either of these events, the decision-making body with permit jurisdiction shall make a recommendation to the City Council who shall have the authority to make the final decision on the application.

Fund establishment. All housing in-lieu fees collected under this article shall be deposited into an affordable housing fund ("housing fund"). Separate accounts within such housing fund may be created from time to time to avoid commingling as required by law or as deemed appropriate to further the purposes of the fund.

Use of funds. Monies deposited in the housing fund along with any interest earnings on such monies shall be used solely to increase and improve the supply of housing affordable to households of extremely low, very low, low or moderate income including: (1) acquisition of real property, buildings and structures; (2) completion of on- and off-site improvements; (3) donation of real property to private or public entities; (4) construction and rehabilitation of buildings and structures; (5) payment of insurance premiums, principal and interest, debt financing and carrying charges; (6) subsidization of market rate housing; (7) preservation of mobile homes and subsidized housing "at risk" of conversion to market rates; and (8) reasonable planning and administrative expenses.

Permitted uses. The uses listed below shall be allowed as permitted uses within the zone districts as specified and shall only be subject those restrictions that apply to other residential dwellings of the same type in the same zone. The physical attributes of new residential projects and modifications of existing developed properties which accommodate special needs housing shall conform to the development standards of the underlying zone district (i.e., building height, lot coverage, setbacks, etc.), design guidelines of the City, if applicable, and the provision of off-street parking at a ratio of one space for each habitable room, two of which must be covered.

Conditional uses. Special needs housing, other than permitted pursuant to subsection (a) of this section, shall be allowed by conditional use permit within the zone districts as specified below. The development standards for projects requiring a conditional use permit shall be those that are specified for the underlying zone district, together with other requirements on use, occupancy and design as may be determined through the discretionary permit process consistent with the provisions of Government Code Section 65583(a)(4).

Non-discrimination. No special needs housing shall be denied nor shall any condition be imposed on a project over which the City has discretionary approval (including, but not limited to, shared living arrangements, in-home supported services and licensed community care facilities) with regard to familial status, disability or other population segment stipulated in Fair Housing statutes (e.g., individuals with Alzheimer's, AIDS/HIV, and homeless).

Definition of term. As used in this section, "disabled person" means a person with a disability consisting of: (1) a physical or mental impairment that limits one or more of a person's major life activities; or (2) a record of having, or being perceived as having, a physical or mental impairment. It does not include current illegal use of, or addiction to, a controlled substance (as defined by Section 102 of the Federal Controlled Substance Act, 21 U.S.C. Section 802).

Affordable housing. The Fair Employment and Housing Act (California Government Code Section 12900 et seq.) prohibits discrimination in all aspects of housing (rental, lease, terms and conditions, etc.) because of a person's disability. Disabled persons have the right to use the services of a guide, signal or service dog or other such designated animal and to keep such animals in or around their dwellings.

At the request of a disabled person (or by someone acting on behalf of such person with his or her written consent), the developer of each affordable unit (and each subsequent owner thereof) must make reasonable accommodations in rules, policies, practices or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling. The developer (and each subsequent owner of an affordable unit) must allow a disabled person (at the tenant's expense or at the expense of someone acting on behalf of such person with his or her written consent) to reasonably modify existing premises if the modifications are necessary to afford the disabled person full enjoyment of the premises. These provisions shall be stipulated in the Affordable Housing Agreement.

Adaptive retrofit. At the request of a disabled person (or by someone acting on behalf of such person with his or her written consent), a housing provider must make reasonable accommodations in rules, policies, practices or services when these accommodations may be necessary to afford a disabled person equal opportunity to use and enjoy a dwelling. The housing provider must allow a disabled person (at the tenant's expense or at the expense of someone acting on behalf of such person with his or her written consent) to reasonably modify existing premises if the modifications are necessary to afford the disabled person full enjoyment of the premises. Where such modifications require an exception in development standards of the underlying zone district, an adaptive retrofit permit application shall be processed as follows:

All structures (e.g., buildings, decks, fences) shall be set back a minimum of 25 feet from a blue line creek's top of bank. Additional setbacks may be necessary to protect sensitive environmental resources (e.g., vernal pools). Setbacks adjacent to creekside paths or open spaces shall be measured from the outside boundary of the path or open space.

Structures, parking access, parking spaces, paved areas, swimming pools, or utilities (e.g., overhead or underground) shall not be constructed within a creek or creekside setback area.

Grading or filling, planting of exotic/non-native or non-riparian plant species, or removal of native vegetation shall not occur within a creek or creekside setback area.

Where drainage improvements are required, they shall be placed in the least visible locations and naturalized through the use of river rock, earthtone concrete, and/or landscaping with native plant materials.

The proposed development should incorporate permeable surfaces (e.g., wood decks, sand-joined bricks, and stone walkways) where feasible, to minimize off-site flows and facilitate the absorption of water into the ground.

Creek stabilization measures may be required if development or land use changes increase impervious surfaces or sedimentation that result in stream channel erosion.

Public access and visibility to creeks may be provided through the use of single-loaded frontage roads adjacent to the creeks.

The provision of multi-purpose creekside trails and public open space is strongly encouraged. Open space areas may include planting for riparian enhancement with native shrubs and trees, paths and trails, lighting, benches, play and exercise equipment, and trash receptacles outside of the riparian habitat area, where appropriate.

Where streets are not used, frequent access to creekside trails and public open space should be provided at least every 300 feet, and may occur at the end of cul-de-sacs.

Fences that face creekside trails and public open space shall not be over six feet in height.

Preserve the City's scenic resources by encouraging retention of natural topographic features and vegetation;

Acknowledge that as the slope of a development site increases so does the potential for environmental degradation, including slope failure, increased erosion, difficulty in re-establishing vegetation, sedimentation, and stormwater runoff; and

Encourage grading practices that are more appropriate in hillside areas.

Design review permit approval in compliance with Title 10, Chapter 2 Article 20 (Design Review Permits) shall be required for all development subject to the provisions of Title 10, Chapter 2, Article 11 (Hillside Development Permits), unless exempt.

The design review permit application shall include all information and materials required by the Director for hillside development projects.

The project shall be designed to fit the terrain rather than altering the terrain to fit the project. Development patterns that form visually protruding horizontal bands or steeply cut slopes for roads or parcels shall be avoided.

Streets shall follow the natural contours of the terrain to minimize the need for grading. Cul-desacs and loop roads are encouraged where necessary to fit the natural topography subject to the approval of the City Engineer and Fire District.

Site design shall utilize varying setbacks, structure heights, split-level foundations, and low retaining walls to blend the structures into the terrain.

Lot lines shall be placed at the top of slope areas to help ensure that slope maintenance would not be neglected.

Structures should be located in the most accessible, least visually prominent, and most geologically stable portion(s) of the site. Siting structures in the least visually prominent locations is especially important on open hillsides where the prominence of construction should be minimized by placing structures so that they would be screened by existing vegetation, rock outcroppings, or depressions in topography. In wooded areas, dispersed structures may be preferable to save trees and minimize visual impacts.

Structures shall be designed with the following principles in mind:

A harmonious mixture of materials, color, and forms should be used to blend the structures with the natural appearance of the hillsides:

Night views of the hillsides should not be dominated by an array of bright lights. Lighting within view-sensitive areas should be properly shielded to avoid glare and the spill of light to surrounding areas. Low-level lighting and the use of multiple low fixtures are encouraged, as opposed to the use of fewer, but taller fixtures.

Large retaining walls in a uniform plane shall be avoided. Break retaining walls into elements and terraces, and use landscaping to screen them from view. Generally, no retaining wall should be higher than 36 inches. See Figure 3-8.

The Ventura County Fire Protection District shall review all proposed landscaping and vegetation for fire protection purposes.

In order to help retain the natural features of hillsides and reduce potential negative impacts, densities shall be reduced as slope increases in compliance with Table 3-4. Each site to be developed shall be divided into cells of similar slope, utilizing the average slope ranges listed below. The maximum density of the base zoning district is then multiplied by the relevant reduction factor assigned to each cell. The result of this calculation is the maximum allowable density for each cell.

Clustered development is encouraged as a means of preserving the natural appearance of hillside areas and maximizing open space. Under this concept, dwelling units would be grouped in the more level portions of the site, while steeper areas would be preserved in a natural state. In consideration of implementing a clustered development concept, a density increase of up to 10% above that allowed by Table 3-4 may be granted by the review authority. In this case, at least 25% of the total site area shall be left in natural, undisturbed open space or other open space areas as determined by the review authority, in compliance with Title 10, Chapter 2, Article 24 (Conditional Use Permits).

On adjacent parcels having a difference in vertical elevation of three feet or more, the required side setback shall be measured from the nearest toe or top of slope to the structure, whichever is closer.

Structures placed on hilltops or ridgelines shall comply with the following height limits in addition to those required 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), and Section 10-2.803 (Height measurement and exceptions).

Enhance the aesthetic appearance of all development throughout the City by providing standards related to the quality, quantity, and functional aspects of landscaping;

Increase compatibility between abutting land uses and public rights-of-way by providing landscape screening and buffering;

Decrease the use of water for landscaping purposes by requiring the efficient use of irrigation, appropriate plant materials, and regular maintenance of landscaped areas; and

Protect public health, safety, and general welfare by minimizing the effect of physical and visual pollution, controlling soil erosion, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.

All projects that require the installation of landscaping in compliance with the development standards of these Zoning Regulations shall provide and maintain landscaping in compliance with the provisions of this article.

In addition to subsection (a), the following landscape projects shall include in required plan submittals the information called for in Section 10-2.1205 (Elements of the landscape documentation package):

Any project with an aggregate landscape area of 2,500 square feet or less must either comply with the performance requirements of Title 10, Chapter 2, Article 12 (Landscaping Standards) or the prescriptive measures contained in Section 10-2.1224 (Irrigation audit, irrigation survey, and irrigation water use analysis).

For projects using treated or untreated gray water or rainwater captured on site, any lot or parcel within the project that has less than 2,500 square feet of landscape and meets the lot or parcel's landscape water requirement (estimated total water use) entirely with treated or untreated gray water or through stored rainwater captured on site is subject only to Section 10-2.1224, (Irrigation audit, irrigation survey, and irrigation water use analysis), subsection (b).

This article shall not apply to:

The terms used in this article have the meaning set forth below:

Prior to construction of a project subject to Title 10, Chapter 2, this Article 12 (Landscaping Standards), the Community Development Department shall:

Prior to construction of a project subject to Title 10, Chapter 2, Article 12 (Landscaping Standards), the project applicant shall submit a landscape documentation package to the Community Development Department.

Upon approval of the landscape documentation package by the Community Development Department under Title 10, Chapter 2 Article 12 (Landscaping Standards), the project applicant shall:

The following areas of the site shall be landscaped:

Trees shall be planted throughout the project in areas of public view, predominantly adjacent to and along structures and street frontages at a rate of at least one tree for each 30 linear feet of structure wall and/or street frontage.

Landscape areas shall be a minimum of six feet wide (excluding curbs). Narrower landscape areas may be allowed subject to the approval of the Director.

Trees and shrubs shall be planted so that at maturity they do not interfere with utility service lines, street lighting, traffic safety sight areas, on-site signs, and basic property rights of adjoining property owners, particularly the right of solar access.

Trees planted near public curbs and sidewalks shall have a limited root structure and shall be installed so as to prevent physical damage to public improvements. A root barrier system shall be used.

Landscape areas shall have plant material selected and plant methods used that are suitable for the soil and climatic conditions of the site. The use of water efficient, drought-tolerant plants shall be emphasized in compliance with Section 10-2.1205 (Elements of the landscape documentation package).

The landscape documentation package shall include the following six elements:

A project applicant shall complete the water efficient landscape worksheet, available from the City, which contains information on the plant factor, irrigation method, irrigation efficiency, and area associated with each hydrozone. Calculations are then made to show that the evapotranspiration adjustment factor (ETAF) for the landscape project does not exceed a factor of 0.55 for residential areas and 0.45 for nonresidential areas, exclusive of special landscape areas. The ETAF for a landscape project is based on the plant factors and irrigation methods selected. The maximum applied water allowance is calculated based on the maximum ETAF allowed (0.55 for residential areas and 0.45 for nonresidential areas) and expressed as annual gallons required. The estimated total water use (ETWU) is calculated based on the plants used and irrigation method selected for the landscape design. ETWU must be below the MAWA.

In calculating the maximum applied water allowance and estimated total water use, a project applicant shall use the ETo values from the reference evapotranspiration table in Section 10-2.1228.

Water budget calculations shall adhere to the following requirements:

In order to reduce runoff and encourage healthy plant growth, a soil management report shall be completed by the project applicant, or designee, (unless exempted by Section 10-2.1202 (Applicability), subsection (e)), as follows:

For the efficient use of water, a landscape shall be carefully designed and planned for the intended function of the project. A landscape design plan meeting the following design criteria shall be submitted as part of the landscape documentation package (unless exempted by Section 10-2.1202 (Applicability), subsection (e)).

The landscape design plan, at a minimum, shall:

This section applies to landscaped areas requiring permanent irrigation, not areas that require temporary irrigation solely for the plant establishment period. For the efficient use of water, an irrigation system shall meet all the requirements listed in this section and the manufacturers' recommendations. The irrigation system and its related components shall be planned and designed to allow for proper installation, management, and maintenance. An irrigation design plan meeting the following design criteria shall be submitted as part of the landscape documentation package.

The irrigation design plan, at a minimum, shall contain:

For the efficient use of water, grading of a project site shall be designed to minimize soil erosion, runoff, and water waste. A grading plan shall be submitted as part of the landscape documentation package. A comprehensive grading plan prepared by a civil engineer for other local agency permits satisfies this requirement.

The certificate of completion, for which the form is available from the City, shall include the following six elements:

The project applicant shall:

The City shall:

For the efficient use of water, all irrigation schedules shall be developed, managed, and evaluated to utilize the minimum amount of water required to maintain plant health. Irrigation schedules shall meet the following criteria:

Landscapes shall be maintained to ensure water use efficiency. A regular maintenance schedule shall be submitted with the certificate of completion.

A regular maintenance schedule shall include, but not be limited to, routine inspection; auditing, adjustment and repair of the irrigation system and its components; aerating and dethatching turf areas; topdressing with compost, replenishing mulch; fertilizing; pruning; weeding in all landscape areas, and removing obstructions to emission devices. Operation of the irrigation system outside the normal watering window is allowed for auditing and system maintenance.

Repair of all irrigation equipment shall be done with the originally installed components or their equivalents or with components with greater efficiency.

A project applicant is encouraged to implement established landscape industry sustainable best practices for all landscape maintenance activities.

The installation of recycled water irrigation systems shall allow for the current and future use of recycled water.

All recycled water irrigation systems shall be designed and operated in accordance with all applicable local and State laws.

Landscapes using recycled water are considered special landscape areas. The ET adjustment factor for new and existing (non-rehabilitated) special landscape areas shall not exceed 1.0.

Street tree species shall be selected in compliance with the following standards/criteria:

A minimum size of 24 inch box with a minimum two inch trunk diameter shall be required for each street tree. Each tree shall be eight feet to 12 feet tall with a minimum four foot wide head at the time of planting. The Director may reduce the minimum size to 15 gallon in instances where a 24 inch box tree would not be appropriate for the location.

Street trees shall not obstruct the vision of motorists or pedestrians.

Where parkways exist between the sidewalk and curb, street trees shall use tree wells with root barriers to mitigate against uprooting of sidewalks and curbs.

Where the parkway is located behind the sidewalk, street trees shall be planted five feet behind the sidewalk measured from the outer edge of the sidewalk to mitigate sidewalk and curb damage.

All trees shall be free of insects, disease, mechanical injuries, and other objectionable features at the time of planting.

Any person or firm contracting to plant street trees shall post a performance bond guaranteeing the faithful performance of all irrigation and tree maintenance for at least a one-year period. The bond shall be an amount equal to the cost of the planting, irrigation, and maintenance as determined by the City Engineer.

Street trees shall not be removed without the approval of the City Engineer. Also, please see Section 10-2.1211 (Certificate of completion) for instructions on how to alert the City of tree removal project completion.

Landscape maintenance shall consist of regular watering, mowing, pruning, fertilizing, clearing of debris and weeds, the removal and replacement of dead plants, and the repair and replacement of irrigation system components.

Before final inspection, the project proponent shall file, with the Department, a maintenance agreement and easement subject to the approval of the City Attorney. The agreement and easement shall ensure that if the landowner, or subsequent owner(s), fails to maintain the required or installed site improvements, the City would be able to file an appropriate lien(s) against the property in order to accomplish the required maintenance.

Each "water-saving" model home shall contain exclusively low-water use plant materials and efficient irrigation systems with appropriate signs and information for prospective homebuyers.

Each model in the complex, including the high-water use model, shall be equipped with a water meter to generate records on how much water the landscape uses. The information shall be used in public information materials about the models and the water-saving potential for low-water use landscapes.

All plants used at the water-saving models are to be water-efficient types that are readily available in Ventura County or other nearby sources. The plants used should be attractive, including some flowering types, require relatively little maintenance once established, and enhance the appearance of the model home(s).

Stormwater management practices minimize runoff and increase infiltration which recharges groundwater and improves water quality. Implementing stormwater best management practices into the landscape and grading design plans to minimize runoff and to increase on-site rainwater retention and infiltration are encouraged.

Project applicants shall refer to the City or to the Los Angeles Regional Water Quality Control Board (RWQCB-LA) for information on any applicable stormwater technical requirements.

All planted landscape areas are required to have friable soil to maximize water retention and infiltration. Refer to Section 10-2.1208 (Landscape design plan), subsection (a)(3).

It is strongly recommended that landscape areas be designed for capture and infiltration capacity that is sufficient to prevent runoff from impervious surfaces (i.e., roof and paved areas) from either: (1) the one-inch, 24 hour rain event; or (2) the 85th percentile, 24 hour rain event, and/or additional capacity as required by any applicable local, regional, State or Federal regulation.

It is recommended that stormwater projects incorporate any of the following elements to improve on-site stormwater and dry weather runoff capture and use:

Publications. Education is a critical component to promote the efficient use of water in landscapes. The use of appropriate principles of design, installation, management and maintenance that save water is encouraged in the community.

Model homes. All model homes that are landscaped shall use signs and written information to demonstrate the principles of water efficient landscapes described in this article.

This section shall apply to all existing landscapes that were installed before December 1, 2015 and are over one acre in size.

All landscape irrigation audits shall be conducted by a certified landscape irrigation auditor.

The Ojai Public Works Department shall prevent water waste resulting from inefficient landscape irrigation by prohibiting runoff from leaving the target landscape due to low head drainage, overspray, or other similar conditions where water flows onto adjacent property, non-irrigated areas, walks, roadways, parking lots, or structures. Penalties for violation of these prohibitions shall be established by the City Council.

Restrictions regarding overspray and runoff may be modified if:

This section contains prescriptive requirements which may be used as a compliance option to the Model Water Efficient Landscape Ordinance.

Compliance with the following items is mandatory and must be documented on a landscape plan in order to use the prescriptive compliance option:

At the time of final inspection, the permit applicant must provide the owner of the property with a certificate of completion, certificate of installation, irrigation schedule and a schedule of landscape and irrigation maintenance.

The provisions of this article are intended to establish uniform provisions for the administration and orderly termination of legal nonconforming uses and structures in order to promote the public health, safety, and general welfare and to bring these uses and structures into conformity with the goals, policies, and objectives of the General Plan and any applicable specific plan.

It is the intent of these Zoning Regulations to discourage the long-term continuation of these nonconformities, providing for their eventual elimination, but to allow them to exist under the limited conditions identified in this article. Accordingly, nonconformities may be properly maintained, but generally not enhanced or expanded.

It is hereby declared that nonconforming uses and structures within the City are detrimental to both orderly and creative development and the general welfare of the citizens, and should therefore be eliminated without unduly infringing upon the constitutional rights of the affected property owners.

No nonconforming use may be reestablished after having been abandoned or discontinued for at least 180 days. This discontinuance shall cause the use to be deemed to have ceased and the use shall not be reinstated or further continued unless specifically allowed by the Commission after a hearing in compliance with this article.

The discontinuance or abandonment of the active and continuous occupation or operation of the nonconforming use, or a part or portion thereof, for this period, is considered to be an abandonment of the nonconforming use, regardless of any reservation of an intent not to abandon or of an intent to resume active operations. If abandonment is evidenced by the actual removal of structures, machinery, furniture, equipment or other components of the nonconforming use, or where there are no business receipts or records (including a City business license, where applicable) available to provide evidence that the use is in continual operation, the abandonment shall be considered to be completed within a period of less than 180 days and all rights to reestablish or continue the nonconforming use shall terminate.

If a nonconforming use is converted to a conforming use, no nonconforming use may be resumed. No nonconforming use may be established or replaced by another nonconforming use, except as provided by this article.

No nonconforming structure may be added to, structurally altered or enlarged in any manner, except as provided in subsection (f) below.

No nonconforming use occupying a conforming or nonconforming structure, or portion thereof, or occupying any parcel, shall be enlarged or extended into any other portion of the structure or parcel.

A nonconforming use of a portion of a nonconforming nonresidential center or complex may be replaced by another similar nonconforming use subject to the approval of a conditional use permit only if the Commission can make all of the following findings, in addition to those outlined in Article 24 of this chapter:

Any nonconforming use which does not conform to the conditions outlined in this subsection shall be immediately abated, subject to the notice and hearing procedures described in Sections 10-2.1306 and 10-2.1307

Where a structure is nonconforming only by reason of inadequate setbacks, yard size or open space, structural additions, alterations, or enlargements of the existing structure(s) shall be allowed, provided the additions, alterations, or enlargements comply with these Zoning Regulations and standards relating to the structure's "building envelope" (e.g., setbacks, yards, heights and open space requirements) for the parcel or site. The Director may issue a zoning clearance in compliance with Article 19 of this chapter which would allow the new construction (e.g., additions, alterations, or enlargements) to be built in compliance with the previous or existing setbacks.

A nonconforming use may be ordered terminated by the Council, upon the recommendation of the Commission, within a period to be specified in the order, which order shall be issued only after a public hearing by the Commission upon 15 days' written notice to the nonconforming user, in compliance with Section 10-2.1306

If the nonconforming user has not made a substantial investment, or if the investment can be substantially utilized or recovered through a then allowed use, the order may require the complete termination of the nonconforming use within a minimum of 12 months after the date of the order.

In making its recommendation, the Commission shall consider the total cost of the property and improvements, the length of time of the use, the adaptability of the land and improvements to a then allowed use, the cost of moving and reestablishing the use elsewhere, and other related factors.

Upon determination that the provisions of this article apply to a given parcel of land, the Director shall send a notice by certified mail, return receipt requested, to the owner as shown on the current tax assessor's rolls, shall cause the property to be posted with a similar notice, and shall publish the notice at least once in a newspaper of general circulation.

The notice provided for in this section shall state the following:

The City has no legal obligation to notify subsequent owners of the affected parcels of land.

Within 60 days after receipt of an appeal, the Commission shall hold a public hearing to determine whether the nonconforming use should be abated as indicated in the notice, or whether a time extension should be granted in compliance with Section 10-2.1313

Notice of the hearing shall be provided in the same manner as the notice of abatement.

The Commission shall receive written and oral testimony at the hearing relating to the term of abatement.

At the close of the hearing, the Commission shall determine whether the nonconforming use should be abated, and whether the owner of the parcel can amortize the investment in the term for abatement provided in Section 10-2.1305, and if not, what term for abatement should be provided. The burden of proof shall be upon the owner to demonstrate, by a preponderance of the evidence, that the owner is entitled to a longer abatement period than provided for in Section 10-2.1305

The Commission shall also determine whether the nonconforming use can economically be used in its present condition or can successfully be modified for a purpose allowed by the zoning district in which it is located.

The Commission may require reasonable modifications or alterations to any nonconforming use to improve the nonconformity's appearance or compliance with these Zoning Regulations, the Municipal Code, or State law, except that any modification or alteration which would extend the useful life of the nonconformity is expressly prohibited, unless provided by Section 10-2.1303

Any interested person may appeal the decision of the Commission to the Council within 10 days of service of the order upon the owner. The appeal hearing shall be noticed in the same manner as the original hearing before the Commission.

The appeal shall be accompanied by any documents, information, and fee the Director deems necessary to adequately explain and to provide proper notification for the appeal. The appeal shall outline specifically and in detail the grounds for the appeal. The Council may refuse to consider issues not raised in the written appeal of the Commission's decision.

When an appeal has been accepted, the Director shall forward to the Council all documents and information on file pertinent to the appeal, together with the minutes or official action of the Commission, and a report on the basis of the decision and the appropriateness of the appeal.

The Council shall consider the appeal at a public hearing, including all information and evidence submitted with the original application, and any additional information and evidence the appellant may submit which the Council finds to be pertinent.

The action of the Council shall be to sustain, disapprove, conditionally sustain, or refer the appeal back to the Commission with direction(s), all in compliance with the same requirements and procedures that were applicable to the Commission.

The Commission may grant an extension of the time for abatement of a nonconforming use where it finds that an unreasonable hardship would otherwise be imposed on the property owner.

The Commission shall base its decision as to the length of the allowed abatement period on any competent evidence presented, including the following:

Ordinary maintenance, repairs and alterations may be made to a nonconforming structure, provided that no structural alteration shall be made if the expense for the alteration exceeds 60% of the reasonable replacement value of the structure at the time the construction is proposed. Single-family residential structures shall be exempt from the provisions of this section.

Any nonconforming structure partially destroyed may be restored provided restoration is started within 180 days of the date of partial destruction and diligently pursued to completion. Whenever a nonconforming structure is damaged in excess of 60% of its reasonable replacement value at the time of damage, the repair or reconstruction of the structure shall conform with all of the current provisions and standards of the zoning district in which it is located and it shall be treated as a new structure.

Rebuilding or reconstruction required to reinforce non-reinforced masonry structures shall be allowed without replacement cost limitations, provided the retrofitting is limited exclusively to compliance with earthquake safety standards.

Where any part of a nonconforming structure is acquired for public use, the remainder of the structure may be repaired, reconstructed, or remodeled, with the same or similar materials used in the existing structure.

Disagreements with the interpretation of the provisions of this section shall be heard and resolved by the Commission, subject to appeal to the Council. The burden of proof shall be on the owner to demonstrate that the cost of repairs is less than 60% of the reasonable replacement value of the structure.

Nothing in this section shall be construed to excuse any owner, occupant, or contractor from rebuilding or repairing any damaged structure in compliance with the requirements of the City Building Code, or any other health or safety requirements imposed by local, regional, State, or Federal law or regulation in effect at the time of the repair or rebuilding.

The expansion is minimal as determined by the Commission;

The expansion would not adversely affect or be materially detrimental to adjoining properties;

There is a need for relief of overcrowded conditions or for modernization in order to properly operate the use; and

The use is existing and has not been discontinued for a period of 180 days.

Changing a nonconforming use to a use not allowed in the zoning district;

The addition to a nonconforming use of another use not allowed in the zoning district; or

Increasing or enlarging the area, space, or volume occupied by or devoted to a nonconformity.

Uses and structures which did not comply with the applicable provisions of these Zoning Regulations or prior planning and zoning regulations when established are violations of these Zoning Regulations and are subject to the provisions of Article 35 of this chapter.

This article does not grant any right to continue occupancy of property containing an illegal use or structure.

The activity shall not be lawfully allowed to continue unless/until permits and entitlements required by these Zoning Regulations and the Municipal Code are first obtained.

It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of these Zoning Regulations, or that makes the use of the parcel more nonconforming.

Provide for the general welfare and convenience of persons within the City by designating and reserving those areas that are needed for parking facilities to meet the needs generated by specific uses and thereby avoiding substantial impediments to public access to limited availability of parking spaces;

Provide accessible, attractive, secure, and well-maintained off-street parking and loading facilities and preventing public streets from becoming de facto used vehicle lots;

Increase public safety by reducing congestion on and reserving the primary purpose of public streets to facilitate traffic movement;

Ensure access and maneuverability for emergency vehicles;

Provide loading and delivery facilities in proportion to the needs of allowed uses.

Parking and loading spaces shall be permanently available, marked, and maintained for parking or loading purposes for the use they are intended to serve. The approval of a temporary use permit may allow the temporary reduction of parking or loading spaces in compliance with Section 10-2.2202 (Allowable uses).

Owners, lessees, tenants, or persons having control of the operation of a premises for which parking or loading spaces are required by this article shall not prevent, prohibit, or restrict authorized persons from using these spaces without prior approval of the Director.

Vehicles, trailers, or other personal property shall not be parked on private property for the purpose of displaying the vehicle, trailer, or other personal property for sale, hire, or rental. However, one vehicle or trailer owned by a person may be so displayed, so long as each displayed vehicle or trailer is not parked in any one public location for more than 48 consecutive hours nor more than 14 days total, whether or not consecutive, in any number of public property locations.

Tandem parking shall not be permitted without prior approval of the Commission.

Off-street covered parking accommodations for a minimum of two motor vehicles shall be provided and continuously maintained for each single-family dwelling.

Each off-street parking space shall be at least nine feet wide and 20 feet long. Each enclosed garage shall have minimum inside dimensions of 10 feet by 20 feet for a one car garage or carport. A two car garage or carport shall have minimum inside dimensions of 20 feet by 20 feet.

Existing garages or carports shall not be converted to other uses unless and until the minimum requirements as detailed in Section 10-2.1709 (Accessory dwelling units) within Table A are satisfied.

Not more than 50% of a required front yard shall be designed, improved, or used for access driveways.

Each land use shall provide the number of off-street parking spaces required by Table 3-5 below. Additional spaces may be required/approved through discretionary entitlement approval.

When a structure is enlarged or increased in capacity or intensity, or when a change in use requires more off-street parking, additional parking spaces shall be provided in compliance with this article. Also see Title 10, Chapter 2, Article 13 (Nonconforming Uses, Structures and Parcels).

A site with multi-tenants shall provide the aggregate number of parking spaces required for each separate use; except where the site is developed as a recognized shopping center, the parking ratio shall be that required for the shopping center as a whole as provided in Table 3-5. When a multi-tenant shopping center includes uses whose parking requirements are greater than a typical shopping center (e.g., restaurants, theaters) additional parking shall be required unless a specific parking reduction is approved in compliance with Section 10-2.1406 (Reduction of parking requirements).

Land uses not specifically listed in subsection (a) above shall provide parking as required by the Director. The Director shall use the requirements of subsection (a) as a guide in determining the minimum number of off-street parking spaces to be provided.

Off-street parking spaces in excess of the requirements in Table 3-5 may be approved in conjunction with a discretionary entitlement, and when additional landscaping and pedestrian improvements are also provided.

Where fixed seating is provided in the form of benches or bleachers, a seat shall be construed to be 18 inches of bench space for the purpose of calculating the number of required parking spaces as provided in Table 3-5.

The number of parking spaces required by this article does not include spaces needed for the parking of company-owned vehicles. Parking spaces for company-owned vehicles shall be provided in addition to the requirements for a particular land use as provided in Table 3-5.

When the parking requirements in Table 3-5 are based on structure square footages, they shall be based on the gross floor area of the structure.

A reduction in the number of parking spaces required by this article may be allowed through the approval of a minor conditional use permit in compliance with Article 24 of this chapter.

Where two or more nonresidential uses are developed as a recognized shopping or professional center and two or more uses have distinct and differing peak parking usage periods, (e.g., a bank and a theater), a reduction in the required number of parking spaces may be approved by the Director through a minor conditional use permit (Article 24 of this chapter), provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction shall not result in a parking requirement less then that required for the most intensive of the uses sharing the parking. A shared parking analysis may be required by the Director to support a request for a parking reduction.

The following shared-use parking standards are based on the assumption that patrons would use a single parking space for more than one destination and that a single parking space would be available for short-term parking to serve a variety of different uses that may have different peak hours.

Requirements for enclosed garages for single-family dwellings may be waived by the Director provided the area devoted to parking is visually screened from adjacent parcels. A design review permit shall be obtained before the waiver of the enclosed parking requirement is granted, in compliance with Article 20 of this chapter.

Parking spaces for the disabled shall be provided in compliance with Section 1129B of the Uniform Building Code (UBC).

Disabled accessible spaces required by this article shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use.

If amendments to State law change standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces shall be upgraded in compliance with the new State standards. Upgrading shall be completed by affected property owners within 60 days of being notified in writing by the Department of new State standards.

Disabled accessible parking spaces required by this article shall count toward fulfilling off-street parking requirements.

Access to parking areas shall be provided in the following manner:

Applicants for nonresidential developments are encouraged to provide shared vehicle access to adjacent nonresidential properties to provide for convenience, safety, and efficient circulation. A joint access agreement running with the land shall be recorded by the owners of the abutting properties, as approved by the Director, guaranteeing the continued availability of the shared access between the properties. Shared pedestrian access between adjacent properties, including residential developments is also strongly encouraged.

Parking areas shall be located as follows:

Parking space and lot dimensions.

Drainage.

Directional arrows and signs.

Grades of parking areas.

Landscaping shall be provided in compliance with the following requirements:

Parking areas shall have lighting capable of providing adequate illumination for security and safety. A minimum of one footcandle of illumination shall be maintained at the parking surface throughout the parking area. Lighting fixtures shall be energy-efficient. Lighting standards shall be in scale with the height and use of the on-site structure(s). All illumination, including security lighting, shall be directed downward, away from adjacent properties and public rights-of-way in compliance with Section 10-2.806

Striping and identification.

Parking spaces and maneuvering areas shall be paved and permanently maintained with asphalt, concrete, or other all-weather surfacing approved by the Director. Other suitable surface materials (e.g., permeable paving materials) are encouraged for use in low-use areas, as approved by the Director.

Continuous concrete curbing at least six inches high and six inches wide shall be provided for parking spaces located adjacent to fences, walls, property lines, landscaped areas, and structures. Individual wheel stops may be provided in lieu of continuous curbing when the parking is adjacent to a landscaped area, and the drainage is directed to the landscaped area. When provided, wheel stops shall be placed to allow for 24 inches of vehicle overhang area within the dimension of the parking space.

A maximum of two driveways shall be allowed for each multi-family and nonresidential parcel with 100 feet or less of street frontage, unless the Director and City Engineer determine that more than two driveways are required to accommodate traffic volumes on specific projects.

Driveways shall be located a minimum of 150 feet from the nearest intersection, as measured from the centerline of the driveway to the centerline of the nearest travel lane of the intersecting street. For parcels with frontages of less than 150 feet, the minimum distance shall be 100 feet unless a lesser distance is approved by the City Engineer.

Driveways shall be separated along the street frontage as follows:

Driveway width and length.

The nearest edge of a driveway curb cut shall be at least 36 inches from the nearest property line, the centerline of a fire hydrant, utility pole, traffic signal, light standards, or other similar facilities. Street trees shall be a minimum of 10 feet from the driveway access, measured at the trunk. Driveways shall have an overhead clearance of 14 feet in height except within a parking structure which may be reduced to seven feet, six inches.

Structures or landscaping over 36 inches in height shall not be allowed within a traffic safety sight area formed by the intersection of public rights-of-way, driveways, or alleys.

The City strongly encourages the use of bicycles as an alternative means of transportation.

All commercial, office, and industrial uses shall provide suitably designed and adequately lockable facilities for bicycle parking which shall be located in a convenient and visible location, as determined by the applicable review authority.

The actual number and final design of the bicycle spaces shall be determined by the applicable review authority.

All bicycle facilities shall be designed, constructed, and maintained in compliance with the City's adopted bicycle and pedestrian master plan.

Nonresidential uses shall provide off-street loading space(s) in compliance with Table 3-10 below. Requirements for uses not listed shall be determined by the Director based upon the requirements for comparable uses.

Requirements for uses not specifically listed shall be determined by the Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

Off-street loading areas shall be provided in the following manner:

Within the City of Ojai on-site valet parking zone, no person shall utilize valet parking at any commercial use of any type, unless all parking and storing of vehicles for valet parking by the operator will be on the same premises as that commercial use.

Within the City of Ojai on-site valet parking zone, no operator shall park or temporarily store any vehicle during valet parking activities at any privately owned location other than the premises at which the vehicle occupants tendered the vehicle for valet parking purposes.

Within the City of Ojai on-site valet parking zone, no operator shall park, temporarily store, or move any vehicle during any valet parking activities in any portion of the public right-of-way or any public parking facility.

No operator shall park or temporarily store any vehicle anywhere in the City during any valet parking activities in any portion of the public right-of-way or any public parking facility.

These regulations do not apply to special events of a 24 hour or shorter duration, obtaining City permits, so long as any permit applicant does not hold permitted special events at the same location more than six times per year, nor to events at residential uses utilizing valet parking on a non-commercial basis. Each location may have up to six permitted valet parking special events per year, subject to all other requirements of the Ojai Municipal Code.

These regulations do not apply to an operator that is contracted by the City of Ojai for the purpose of providing mobility challenged people with valet parking service in City-owned or -leased parking lots.

Definitions. For purposes of this section, the following words shall have the following meanings:

This section does not regulate valet parking of bicycles.