Ojai City Zoning Code

An applicant for a development project, which requires the filing of more than one application, shall file all related applications concurrently, unless waived by the Director, and submit appropriate processing deposits/fees in compliance with Section 10-2.1806

Permit processing and environmental/design review shall be concurrent and the final decision on the project shall be made by the highest level of review authority, in compliance with Table 4-1. For example, a project requiring a conditional use permit and a variance shall be determined by the Commission, while a project requiring a planned development permit and a tentative tract or parcel map shall ultimately be determined by the Council.

A prospective applicant is strongly encouraged to request a pre-application conference with the Department before submittal of a single land use permit application.

This conference should take place before any substantial investment (e.g., land acquisition, site, engineering and construction plans) in the preparation of the proposed development project application. During the conference, the Department representatives shall inform the applicant of applicable General Plan policies, plans, and requirements as they apply to the proposed development project, review the appropriate procedures identified in these Zoning Regulations, and examine possible alternatives or modifications relating to the proposed project. Preliminary evaluation of environmental issues and potential technical studies relating to future environmental review should be identified.

Neither pre-application review nor the provision of available information and/or pertinent policies shall be construed as a recommendation for approval/disapproval by the Department representative(s). A fee may be imposed for the pre-application conference in compliance with the City's fee resolution.

A prospective applicant is strongly encouraged to request a "concept review" from the Department for all development projects involving multiple permit applications or complex land use issues.

The applicant should examine the advantages of utilizing a publicly-noticed concept review process in order to obtain necessary neighborhood input at the earliest possible stages of concept design and planning.

The publicly-noticed concept review process is strongly encouraged for residential projects containing four or more dwelling units and nonresidential projects containing 10,000 square feet or more of total building area.

Filing procedure. Applications for amendments, entitlements, and other matters pertaining to these Zoning Regulations shall be filed with the Department in the following manner:

Eligible applicants.

Evidence to support findings. It is the responsibility of the applicant to establish the evidence in support of the findings required by the applicable sections entitled "Findings and Decision."

Failure to support a prima facie right.

Filing date. The filing date of an application shall be the date on which the Department receives the last submittal, map, plan, or other material required as a part of that application by subsection (a) above in compliance with Section 10-2.1807, and deemed complete by the Director.

The Council may waive any of the fees required by the City's fee resolution for sufficient cause being demonstrated by the applicant. The determination of what shall constitute "sufficient cause" shall be at the discretion of the Council. Factors to be considered include:

School facilities fees are identified in Title 10, Chapter 8 of the Municipal Code.

Impact fees are identified in Title 10, Chapter 9 of the Municipal Code.

Specific plan fees are identified in Title 10, Chapter 10 of the Municipal Code.

In lieu parking facilities fees are identified in Title 10, Chapter 13 of the Municipal Code.

The Director shall review all applications for completeness and accuracy before they are accepted as being complete and officially filed.

At the discretion of the Director, or where otherwise required by these Zoning Regulations, State, or Federal law, an application may be referred to any public agency that may be affected by or have an interest in the proposed land use activity.

After acceptance of a complete application, the project shall be reviewed in compliance with the CEQA and/or the City's environmental review procedures. The City's environmental review procedures follow CEQA guidelines unless a project is proven exempt, in which case, permits will be subject to City environmental guidelines, which follow State CEQA guidelines to determine whether:

These determinations and, where required, the preparation of initial studies and EIRs, shall be in compliance with the City's and/or CEQA environmental review procedures.

The following shall not take place until a nondiscretionary zoning clearance has first been issued by the Director:

An application for the clearance shall be filed with the Department in compliance with Section 10-2.1805

A clearance for a structure which is to be erected or remodeled shall be filed in conjunction with the companion building permit application.

A clearance for the use of vacant non-residential land or structure(s) shall be filed at least 14 days before the intended use inauguration.

In order to provide for an expeditious development permit review/reconstruction process, which may only be available following the occurrence of a bona fide emergency (e.g., natural disaster), as determined by the Council, an emergency building permit and temporary zoning clearance may be issued by the appropriate City departments with adequate deposits/security required by subsection (d) of this section.

A temporary zoning clearance may be issued by the Director allowing almost "immediate" construction or use of the structures, subject to the conditions imposed on the use, provided that a deposit/security is filed with the Department before the issuance of the temporary clearance. The deposit/security shall guarantee the faithful performance and completion of all terms, conditions, and performance standards imposed on the proposed structure or use. The form of the deposit/security shall be subject to the approval of the Director. The deposit/security shall be processed for return to the depositor following a determination by the Director that all of the terms, conditions and performance standards have been met and permanent occupancy has been granted.

A zoning clearance for a new fence, wall or screening or replacement of a fence, wall, or screening pursuant to the standards within Sections 10-2.803 (Height measurement and exceptions), 10-2.804 (Setback measurement and exceptions), and 10-2.805 (Fences, walls, hedges. and screening).

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

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.

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

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

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

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

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

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.

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.

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).

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

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.

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;

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

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

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

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

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

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

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;

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

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

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;

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

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

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;

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

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

All basic provisions of these Zoning Regulations are complied with;

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:

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

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:

Within one year of design review permit approval, the permit shall be exercised in compliance with Article 32 of this chapter or the permit shall be deemed void, unless such approval is extended by the Commission for good cause either before or after the expiration of such time limit.

The home occupation shall be incidental and secondary to and compatible with surrounding residential uses.

Only the occupant(s) of the dwelling may be engaged in the home occupation.

The home occupation shall not alter the appearance of the dwelling.

A home occupation shall not be initiated until a current business license is obtained in compliance with Title 6, Chapter 1 of the Municipal Code.

Displays, distribution, sale, or storage of merchandise on the premises, or advertising signs on or off the premises shall not be allowed.

Signs, other than the address and name of the resident, shall not be allowed.

Advertising (e.g., telephone directory) which identifies the home occupation by street address shall not be allowed;

The home occupation shall be confined completely to one room located within the dwelling. A portion(s) of any carport or other accessory structure shall not be used for home occupation purposes, with the exception that garage area in excess of the requirements of these Zoning Regulations may be used for this purpose.

Only one vehicle no larger than a one ton truck may be used by the occupant(s) directly or indirectly in connection with a home occupation.

Use of commercial vehicles, larger than two ton capacity, for delivery of materials to or from the premises shall not be allowed.

Encroachments into any required parking, setback, or open space areas shall not be allowed. Home occupation activities may not occur out of doors.

Use of mechanical equipment, unless determined to be similar to a normal household or hobby use, shall not be allowed.

The use shall not create or cause dust, electrical interference, fumes, gas, glare, light, noise, odor, smoke, toxic/hazardous materials, or vibration that can or may be considered a hazard or nuisance.

Negative impacts that may be felt, heard, or otherwise sensed on adjoining parcels or public rights-of-way shall not be allowed.

Activities conducted and equipment or material used shall not change the fire safety or occupancy classifications of the dwelling. Utility consumption shall not exceed typical residential usage.

Creation of pedestrian or vehicular traffic or parking demand in excess of that customarily associated with the residential zoning district in which it is be located shall not be allowed.

A home occupation permit shall not be transferable.

Only one home occupation may be allowed in any dwelling.

For rental property, the property owner's written authorization for the proposed use shall be obtained and submitted with the application for a home occupation permit.

Any special condition(s) established by the Director and made part of the record of the home occupation permit, as deemed necessary to carry out the purpose of this article.

All pre-existing home occupations shall conform with all applicable requirements of these Zoning Regulations before or upon renewal of the annual business license.

Adult business;

Businesses which entail the harboring, training, breeding, raising, or grooming of dogs, cats, or other animals on the premises;

Carpentry and cabinet making;

Dance club/night club;

Fortune telling (Psychic);

Massage parlor;

Medical and dental offices, clinics, and laboratories;

Mini-storage;

Plant nursery;

Vehicle repair (body or mechanical), upholstery, automobile detailing (e.g., washing, waxing) and painting. (This does not prohibit "mobile" minor repair or detailing at the customer's location.);

Visitor serving accommodations;

Welding and machining;

Other uses determined by the Director not to be incidental to or compatible with residential activities.

Christmas tree sale lots and Halloween pumpkin sales facilities; however, a permit shall not be required when the sales are in conjunction with a legally established commercial business, holding a valid business license, provided the activity may only be held from December 1 through December 31 of the same year for Christmas tree sales, and from October 1 through November 1 of the same year for Halloween pumpkin sales;

Arts and crafts exhibits, carnivals, circuses, concerts, fairs, farmers' markets, festivals, outdoor entertainment/sporting events, rodeos, and rummage sales. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax-exempt organizations in compliance with Section 501(c) of the Federal Internal Revenue Code. The time period for the event shall not exceed five consecutive days within any 90 day period. No more than three events shall be allowed at any one time within the City;

Car washes, limited to one event each month for each sponsoring organization, not exceeding one day in length. Sponsorship shall be limited to educational, fraternal, religious, or service organizations directly engaged in civic or charitable efforts, or to tax exempt organizations in compliance with Section 501(c) of the Federal Internal Revenue Code;

Emergency public health and safety needs/land use activities;

Similar temporary uses which, in the opinion of the Director, are compatible with the subject zoning district and surrounding land uses.

The design and layout of the proposed temporary use would:

The proposed temporary use would not:

The proposed project has been reviewed in compliance with the provisions of CEQA and/or the City's environmental review procedures.

Provision for adequate temporary pedestrian and vehicular circulation, parking facilities (including vehicular ingress and egress), and public transportation, if applicable;

Regulation of nuisance factors, including prevention of glare or direct illumination on adjacent parcels, dirt, dust, gases, heat, noise, odors, smoke, trash, and vibration;

Regulation of temporary structures and facilities, including placement, height and size, location of equipment and open spaces, including buffer areas and other yards;

Provision for sanitary and medical facilities, as appropriate;

Provision for solid, hazardous, and toxic waste collection, recycling, and/or disposal;

Provision for police/security and safety measures, as appropriate;

Regulation of signs;

Regulation of operating hours and days, including limitation of the duration of the temporary use;

Submission of a performance bond or other security measures, satisfactory to the Director, to ensure that any temporary facilities or structures used would be removed from the site within a reasonable time following the event and that the property would be restored to its former condition, or better as determined by the Director;

A requirement that the approval of the requested temporary use permit is contingent upon compliance with applicable provisions of the Municipal Code and the successful granting of any/all required permits from any other department or governing agency; and

Other conditions which would ensure the operation of the proposed temporary use in an orderly and efficient manner, and in full compliance with the purpose of this article.

Title 10, Chapter 2, Article 23 (Planned Development Permits) is intended to promote and encourage flexibility in all the City's zoning districts relating to property development, design, and open space areas, while protecting the public convenience, health, integrity, interest, safety, welfare, and character of the City, and ensuring consistency with the actions, goals, objectives, and policies of the General Plan and any applicable Specific Plan.

Planned development permits are encouraged and expected to produce a comprehensive development of greater quality and imaginative land planning concepts than that normally resulting from more traditional development.

Project review shall determine whether the permit should be approved by weighing the public need for, and the benefit(s) to be derived from, the proposed development against the potential negative effect(s) it may cause.

The application for a planned development permit shall:

The application for a planned development permit shall be filed in compliance with Section 10-2.1805 (Application filing).

Special Housing Overlay (SPL) for projects with densities in excess of 20 dwelling units per acre;

Manufacturing Planned Development (MPD);

Village Mixed-Use (VMU) for projects in excess of the basic allowance set forth in Table 2-5 of Section 10-2.504.

The proposed development is:

The proposed project would produce a comprehensive development of stable and desirable character and superior quality (e.g., appropriate variety of structure placement and orientation opportunities, appropriate mix of structure sizes, high quality architectural design, increased amounts of landscaping and open space, improved solutions to the design and placement of parking facilities) than which might otherwise occur from more traditional development applications.

The design, location, shape, size, operating characteristics, and the provision of public and emergency vehicle access and public services and utilities (e.g., drainage, fire protection, sewers, water), would ensure that the proposed development would not endanger, jeopardize, or otherwise constitute a hazard to the public convenience, health, interest, safety, or welfare, or injurious to the property or improvements in the vicinity and the respective zoning district.

The design, location, and proposed uses would be compatible with the character of existing development in the surrounding neighborhood.

The subject site is:

The proposed project has been reviewed in compliance with the provisions of CEQA and/or the City's environmental review procedures.

There would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a statement of overriding considerations is adopted by the Commission.

Within 12 months of planned development permit approval, the permit shall be exercised in compliance with Article 32 of this chapter or the permit shall be deemed void.

If the application for the planned development permit also involves the approval of a tentative map, the permit shall be exercised before the expiration of the companion tentative map.

The land use activities listed in Articles 2 through 7 of this chapter may be allowable subject to the approval of a conditional use permit.

The following land use activities may be allowable with the approval of a minor conditional use permit:

Barbed-wire or razor-wire fencing (new or replacement).

Each application shall be analyzed to ensure that it is consistent with the purpose of this article and the City's CEQA guidelines. To ensure effective implementation of General Plan policies relating to design, each application shall be reviewed in compliance with Article 20 of this chapter before determination by the applicable review authority. Additionally, any application which may involve grading shall require the submittal of preliminary grading plans for review and recommendation by the City Engineer and approval by the applicable review authority.

The proposed use is conditionally allowed within, and would not impair the integrity and character of, the subject zoning district and complies with all of the applicable provisions of these Zoning Regulations;

The proposed use is consistent with the General Plan;

The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses and would not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other allowed uses operating nearby or adverse to the public interest, health, safety, convenience, or welfare of the City;

The subject site is physically suitable for the type and density and intensity of use being proposed;

There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety;

The proposed project has been reviewed in compliance with the provisions of CEQA and/or the City's environmental review procedures; and

There would be no potential significant negative effects upon environmental quality and natural resources that would not be properly mitigated and monitored, unless a statement of overriding considerations is adopted by the applicable review authority.

Within 180 days of conditional use permit approval, the permit shall be exercised in compliance with Article 32 of this chapter or the permit shall be deemed void.

If the application for the conditional use permit also involves the approval of a tentative map, the phasing shall be consistent with the tentative map and the permit shall be exercised before the expiration of the companion tentative map.

The Commission may impose a term for which a conditional use permit shall be valid. Upon the expiration of such term, unless an extension has been granted by the Commission, in compliance with Article 32 of this chapter, the permit shall be deemed void.

Discontinuance of the use permitted by the conditional use permit for a period of six months shall cause the permit to be deemed void.

The purpose of Title 10, Chapter 2, Article 25 (Minor Variances) is to ensure that minor variances are only granted when, because of special circumstances applicable to the property, the strict application of these Zoning Regulations denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which would ensure that the minor variance shall not constitute a granting of special privilege(s) inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located. A minor variance may be granted to secure an appropriate improvement to a parcel, to prevent unreasonable hardship (not including financial hardship), or to promote the uniformity of improvements.

The authority to grant minor variances does not extend to use regulations; flexibility in use regulations is provided in Title 10, Chapter 2, Article 24 (Conditional Use Permits).

The Director may grant a minor variance application, governing only the development standards identified in Table 4-2.

Any minor variance request which exceeds the prescribed limitations identified in this article shall require the filing of a variance application in compliance with Article 26 of this chapter.

There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of these Zoning Regulations denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

Granting the minor variance:

The proposed project has been reviewed in compliance with the provisions of CEQA and/or the City's environmental review procedures.

Within 180 days of minor variance approval, the variance shall be exercised in compliance with Article 32 of this chapter or the variance shall be deemed void.

If the application for the minor variance also involves the approval of a tentative map, the minor variance shall be exercised before the expiration of the companion tentative map.

The purpose of Title 10, Chapter 2, Article 26 (Variances) is to ensure that variances are only granted when, because of special or unique circumstances applicable to the property, including location, shape, size, surroundings or topography, the strict application of these Zoning Regulations denies the property of privileges enjoyed by other property located nearby and in an identical zoning district and conditions are applied which would ensure that the variance shall not constitute a granting of special privileges inconsistent with the limitations upon other property in the vicinity and zoning district in which the property is located. A variance may be granted to secure an appropriate improvement to a parcel, to prevent unreasonable hardship (not including financial hardship), or to promote the uniformity of improvements.

The power to grant variances does not extend to use regulations; flexibility in use regulations is provided in Title 10, Chapter 2, Article 24 (Conditional Use Permits).

Allow the modification of the dimensional standards for:

Allow the modification of sign regulations (other than prohibited signs); and

Allow the modification of the number and dimensions of parking areas, loading spaces, landscaping, or lighting requirements.

There are special circumstances applicable to the property, including location, shape, size, surroundings, or topography so that the strict application of these Zoning Regulations denies the property of privileges enjoyed by other property in the vicinity and under identical zoning district classification;

The proposed project has been reviewed in compliance with the provisions of CEQA and/or the City's environmental review procedures.

Within 180 days of variance approval, the variance shall be exercised in compliance with Article 32 of this chapter or the variance shall be deemed void.

If the application for the variance also involves the approval of a tentative map, the variance shall be exercised before the expiration of the companion tentative map.

The purpose of Title 10, Chapter 2, Article 27 (Amendments) is to provide procedures for:

The amendments may be approved by the Council whenever required by public convenience, health, interest, safety, or welfare of the City.

Before the filing of a formal amendment application the applicant shall file a pre-submittal application and fee deposit with the Department. The Director shall review the submittal and prepare a report/recommendation to the Commission. Following their review the Commission shall forward a report/recommendation to the Council. The Council shall review/screen the recommendation and make a determination as to the general appropriateness of the request. The review shall identify the consistent and inconsistent issues with the proposed amendment.

A prospective applicant is strongly encouraged to request a "concept review" from the Department before filing a formal amendment application.

An applicant for an amendment which requires one or more additional land use applications shall file all related applications concurrently with the amendment request in compliance.

Upon receipt of the Commission's recommendation, the Council may approve, approve in modified form or disapprove the proposed amendment based upon the findings identified in Section 10-2.2707.

Any changes to the amendment that were not considered by the Commission shall be referred to the Commission for its recommendation, in compliance with State law (Government Code Sections 65356 [General Plan amendments] and 65857 [Zoning Map and Zoning Regulations amendments]).

Failure of the Commission to report within 40 days (General Plan amendments) or 45 days (Zoning Map and Zoning Regulations amendments) after the referral, or a longer period set by the Council, shall be deemed a recommendation for the approval of the changes.

Additional finding for Zoning Map amendments. The site(s) is/are physically suitable (including access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested zoning designation(s) and anticipated land use development(s).

Additional finding for amendments of these Zoning Regulations. The proposed amendment is internally consistent with other applicable provisions of these Zoning Regulations.

Title 10, Chapter 2, Article 28 (Development Agreements) outlines the procedures and requirements for the review and consideration of development agreements upon application by, or on behalf of, property owners or other persons having a legal or equitable interest in the property proposed to be subject to the agreement. It is intended that the provisions of Title 10, Chapter 2, Article 28 (Development Agreements) shall be fully consistent, and in full compliance, with the provisions of State law (Government Code Article 2.5 of Chapter 4 of Division 1 of Title 7, commencing with Section 65864) or as these Zoning Regulations may be amended or replaced from time to time), and shall be so construed.

In construing the provisions of any development agreement entered into in compliance with, Title 10, Chapter 2, Article 28 (Development Agreements), those provisions shall be read to fully effectuate, and to be consistent with, the language of Title 10, Chapter 2, Article 28 (Development Agreements), State law (Government Code Article 2.5, cited above), and the agreement itself. Should any apparent discrepancies between the meaning of these documents arise, reference shall be made to the following documents, in the following order:

Any person having a legal or equitable interest in real property may request and apply through the Director to enter into a development agreement provided the following:

The Director is empowered to receive, review, process, and prepare, together with recommendations for Commission and Council consideration, all applications for development agreements. The Director may call upon all other City departments for timely assistance in complying with Title 10, Chapter 2, Article 28 (Development Agreements).

Processing fees, as established by resolution of the Council, shall be collected for an application for a development agreement made in compliance with this article. Additionally, appropriate fees shall be established and collected for periodic reviews conducted by the Director, in compliance with Section 10-2.2807 (Periodic review).

The Director, upon finding the application for a development agreement complete and in compliance with the City's CEQA guidelines, shall set the application, together with recommendations, for a public hearing before the Commission in compliance with Title 10, Chapter 2, Article 29 (Public Hearings). Following conclusion of the public hearing, the Commission shall make a written recommendation to the Council that it approves conditionally, approves, or disapproves the application.

Upon receipt of the Commission's recommendation, the City Clerk shall set the application and written report of the Commission for a public hearing before the Council in compliance with Title 10, Chapter 2, Article 29 (Public Hearings). Following conclusion of the public hearing, the Council shall approve, conditionally approve, or disapprove the application.

Notice of the hearings identified in subsections (a) and (b) of this section shall be given in the form of a notice of intention to consider approval of a development agreement in compliance with State law (Government Code Section 65867).

Should the Council approve or conditionally approve the application, it shall, as a part of its action of approval, direct the preparation of a development agreement embodying the terms and conditions of the application as approved or conditionally approved by it, as well as an ordinance authorizing execution of the development agreement by the City Manager.

The ordinance shall contain findings, and the facts supporting them, that the development agreement:

The ordinance may be subjected to referendum in the manner provided by State law (Government Code Section 65867.5).

Mandatory contents. A development agreement shall contain the following provisions in compliance with State law (Government Code Section 65865.2):

Permissive contents. A development agreement entered into in compliance with this article may include the following provisions:

The City shall not execute any development agreement until on or after the date upon which the ordinance approving the agreement becomes effective; and

A development agreement shall be recorded in the office of the County Recorder no later than 10 days after it is executed.

Every development agreement approved and executed in compliance with this article shall be subject to periodic City review during the full term of the agreement. The review schedule shall be specified in the agreement. Appropriate fees to cover the City's costs to conduct the periodic reviews shall be collected from the applicant/contracting party in compliance with Section 10-2.2802 (Application), subsection (c).

The purpose of the periodic reviews shall be to determine whether the applicant/contracting party or its successor(s)-in-interest has complied in good faith with the terms or conditions of the development agreement. The burden of proof shall be on the applicant/contracting party or its successor(s)-in-interest to demonstrate compliance, to the full satisfaction of, and in a manner prescribed by, the City.

If, as a result of periodic review in compliance with this subsection, the Council finds and determines, on the basis of substantial evidence, that the applicant/contracting party or its successor(s)-in-interest has not complied in good faith with the terms or conditions of the development agreement, the Council may order, after a noticed public hearing in compliance with Section 10-2.2807 (Periodic review) subsection (c), that the agreement be terminated or modified.

Unless otherwise provided by the development agreement, the rules, regulations and official policies governing allowed uses of the land, density, design, improvement and construction standards and specifications applicable to development of the property subject to a development agreement are the rules, regulations and official policies in force at the time of execution of the agreement.

Unless specifically provided by the development agreement, the agreement does not prevent the City, in subsequent actions applicable to the property, from applying new rules, regulations, and policies which do not conflict with those rules, regulations, and policies applicable to the property under the development agreement, nor does a development agreement prevent the City from conditionally approving or disapproving any subsequent development project application on the basis of existing or new rules, regulations and policies.