The purpose of this Article is to protect the health, safety and general welfare of present and future residents of Ventura County against the adverse effects of poor air quality attributable to population related emissions.

The Ventura County Board of Supervisors, by adopting the Air Quality Management Plan (AQMP) as defined in this Article, has made, and hereby reaffirms, the following findings:

a.

There is a direct relationship between the quality of the County's air and the health, safety and welfare of the County's residents; and

b.

The quality of the County's air has deteriorated to the point where it currently fails to meet state and federal ambient air quality standards designed to protect health, safety and welfare; and

(Am. Ord. 3919—12/19/89)

c.

Failure to meet such state and federal standards in the County results in aggravation of the illness of persons suffering from asthma or chronic lung disease, an increase in the work of breathing for many healthy persons, impairment of the performance of persons engaged in strenuous activities, significant health care costs attributable to air quality related health problems, and air pollution damage to crops amounting to millions of dollars annually; and

d.

There is a direct measurable relationship between population growth and emissions which contribute to the deterioration of air quality in the County; and

e.

The AQMP has identified all reasonably available control measures for the control of emissions in the Ojai Valley (as defined in this Article) and has established the maximum rate of population growth, as measured by the rate of increase in the number of dwelling units, that can be accommodated in the Ojai Valley, assuming the implementation of all such reasonably available control measures, without precluding ultimate compliance within such area with the state and federal ambient air quality standards; and

f.

Regulation of population growth in the Ojai Valley, as measured by the increase in the number of dwelling units, in accordance with the AQMP, in addition to the implementation of all other reasonably available control measures for the control of emissions, is necessary in order to preserve a reasonable chance of ultimate compliance with federal ambient air quality standards and to protect adequately the public health, safety and welfare; and

g.

Such regulation pursuant to this Article may have the effect of limiting housing opportunities in the Ojai Valley, but that risk is outweighed by the above-described adverse impacts upon the public health, safety and welfare which would result if there were no such regulation.

As used in this Article, the following terms shall have the meanings set forth in this Section:

AQMP—The Air Quality Management Plan for Ventura County, including all appendices thereto, as amended from time to time.

AQMP Figure E-1 and AQMP Table E-6—Figure E-1 and Table E-6, respectively, of Appendix E-87 to the version of the AQMP adopted July 26, 1988, or if such figure and table are amended by later versions of the AQMP, the most recent versions of such figure and table, however numbered.

Completed Dwelling Unit—A dwelling unit that is or could be lawfully occupied without the issuance of any further certificate of occupancy, certificate of final inspection or similar document.

Current Number of Dwelling Units—As of any given point in time, the total number of:

a.

Completed Dwelling Units; plus

b.

dwelling units that are not yet Completed Dwelling Units but for which a Current Residential Permit has been issued; plus

c.

dwelling units that are not yet Completed Dwelling Units but for which an unexpired building permit has been issued by the City of Ojai.

Current Residential Permit—A Residential Permit that has been issued and has not yet expired.

Developable Lot—A lot that:

a.

is a legal lot;

b.

meets all of the requirements set forth in Section 8111-2.2.1, subdivision (a), for the issuance of a Zoning Clearance for construction of an additional dwelling unit; and

c.

has been issued all discretionary permits, if any, that are a condition precedent to issuance of a building permit for an additional dwelling unit;

provided that, if the lot could lawfully be developed with more than one additional dwelling unit the lot shall, for the purposes of this Article, be deemed to contain one Developable Lot for each such additional dwelling unit.

Maximum Permissible Number of Dwelling Units—As of any given point in time, the total number of dwelling units that, according to AQMP Table E-6, are forecasted to be in the Ojai Valley on January 1 of the second succeeding calendar year. For example, AQMP Table E-6 forecasts that there will be 11,044 dwelling units in the Ojai Valley on January 1, 1992. Hence, the Maximum Permissible Number of Dwelling Units for any given point of time in 1990 is 11,044. The second succeeding calendar year is selected in recognition of the fact that it takes approximately one year to complete a dwelling unit after the requisite permits have been issued.

Ojai Valley—The area comprised of all those areas referred to in AQMP Table E-6 as the "Ojai GA," "Ojai NGA," "Ventura River GA," and "Ventura River NGA," and depicted on AQMP Figure E-1 as the "Growth Area" and the "Nongrowth Area" for "Ojai" and "Ventura River Valley."

Residential Permit—A ministerial permit issued by the Planning Director pursuant to Section 8112-6.

Notwithstanding any other provisions of this Code or of any other ordinance or resolution of the County, no building permit may be applied for or issued for the construction or installation of an additional dwelling unit (as opposed to the repair, modification or replacement of an existing dwelling unit), in the unincorporated portion of the Ojai Valley unless a Current Residential Permit has been issued for that unit.

No Residential Permit may be issued for the unincorporated portion of the Ojai Valley if the issuance of such permit would cause the Current Number of Dwelling Units for the whole of such area (including both the incorporated and unincorporated portions thereof) to exceed the Maximum Permissible Number of Dwelling Units for such area. A Residential Permit respecting a lot located within the unincorporated portion of the Ojai Valley may be issued only if such lot is listed upon a waiting list established for that area pursuant to Section 8112-5.

Two waiting lists (designated "Waiting List A" and "Waiting List B") for Residential Permits shall be established for the Ojai Valley.

The record owner of a Developable Lot located within the unincorporated portion of the Ojai Valley may cause such lot to be listed on Waiting List A by submitting to the Planning Director a completed application for such listing in the form approved by the Planning Director together with a payment of the processing fee established by resolution of the Board of Supervisors. No such application shall be accepted if any record owner, in whole or in part, of such lot is also the record owner, in whole or in part, of any other lot listed on Waiting List A which other lot was placed on such list in the same calendar year in which the application in question was submitted. Each accepted application shall be marked with the time and date of its acceptance by the Planning Director. The lot to which an accepted application relates shall then be listed on Waiting List A in the chronological order of such acceptance.

The record owner of two or more Developable Lots located within the unincorporated portion of the Ojai Valley may cause such lots to be listed on Waiting List B, or cause space to be reserved for later listing of such lots on Waiting List B, by submitting a completed application for such listing or reservation in the form approved by the Planning Director together with the payment of the processing fee established by resolution of the Board of Supervisors. No such application shall be accepted if any record owner, in whole or in part, of such lots would, after such lots had been listed or spaces therefor been reserved, be the record owner, in whole or in part, of more than the permitted maximum number of listed lots and reserved spaces in the aggregate on Waiting List B which had been placed on such list in the same calendar year. For the purpose of this Article, the record owner of lots for which spaces have been reserved on Waiting List B shall be deemed to be the record owner of such reserved spaces. Further, no such application shall be accepted if, after such lots had been listed or spaces therefor had been reserved, the total number of lots from a single subdivision listed on Waiting List B plus the total number of spaces reserved on Waiting List B for lots from that same subdivision would be more than the permitted maximum number. Lots are "from a single subdivision" if they are depicted on a single approved tentative map and were created by one or more final or parcel maps recorded in compliance with such tentative map. The "permitted maximum number" of listed lots and spaces that can be owned by a record owner or be from a single subdivision is ten (10), unless all of such lots and spaces have received a density bonus and a Planned Development Permit for an affordable or senior housing development pursuant to Article 16.

(Ord. No. 4455, § 6, 10-22-2013)

If the application is for the immediate listing of specific lots, the following procedures shall apply. Each accepted application shall be marked with the time and date of its acceptance by the Planning Director. The lots to which an accepted application relate shall be listed on Waiting List B in the chronological order of such acceptance.

If the application is for the reservation of one or more spaces on the waiting list, the following procedures shall apply. Each application shall identify the specific lots which could potentially be listed in such space or spaces. For example, the record owner of ten lots could reserve space on the waiting list for five lots. The application would identify each of the ten lots which could potentially be listed in such five spaces, but would not have to specify which five out of the ten would ultimately be listed. Each accepted application shall be marked with the time and date of its acceptance by the Planning Director. The number of spaces to which an accepted application relates shall be reserved on Waiting List B in the chronological order of such acceptance. Such owner may submit multiple applications pertaining to the same group of potentially listed lots provided that the number of spaces reserved for such group of lots in the aggregate does not exceed the total number of such lots which are not yet specifically listed but are still owned as a matter of record by such owner. For example, the record owner of ten lots identified for potential listing for which five spaces had been reserved could later reserve a maximum of five additional spaces farther down the list pertaining to the same ten lots. The person designated on the application for such purposes or such person's designee shall have the authority to specify which particular lot identified in the application for potential listing will actually be listed in each space reserved therefor regardless of whether ownership of the lots has changed. Such specification shall be made by submitting to the Planning Director a completed form satisfactory to the Planning Director. Such form must be submitted prior to submission of an application for a building permit respecting such reserved space. The lot so specified shall then be listed on Waiting List B in the space to which it has been assigned.

A lot may simultaneously appear on both Waiting List A and Waiting List B, provided that it meets all other requirements for listing. No specific lot may appear more than once on either one of the lists at any given time. A lot that has been stricken from a waiting list pursuant to this Article may be listed again, provided that it meets all of the requirements for listing at such time.

If a lot or reserved space is stricken from a waiting list pursuant to Section 8112-6 because of the owner's failure to submit an acceptable application for a building permit but, within the time period specified in that section for submitting such an application, the current record owner of the lot or reserved space has shown to the satisfaction of the Building Official that such failure was due to a temporary moratorium on connections to the applicable domestic water supply system, then the lot or reserved space shall be automatically restored to its relative position on the waiting list on the January 1 next following the date on which it was stricken from that list.

(Add Ord. 3994—3/3/92)

If the owner of a lot or reserved space for which a Residential Permit has been issued pursuant to Section 8112-6 submits to the Planning Director, within 90 calendar days following the issuance of the Residential Permit, a request that the lot or reserved space be stricken from the waiting list immediately and restored to the waiting list in the following year, then the lot or reserved space shall be stricken from the waiting list immediately and be automatically restored to its relative position on the waiting list on the January 1 next following, by at least 90 calendar days, the date on which it was stricken. The Residential Permit shall expire when the lot or reserved space to which it pertains is stricken from the waiting list. A given lot or reserved space may be stricken from and then restored to the waiting list pursuant to this Section only once, except as otherwise provided below. A given lot or reserved space may be stricken from and then restored to the waiting list pursuant to this Section any number of times if, at the time the request is submitted to the Planning Director, the owner demonstrates to the satisfaction of the Planning Director that all of the following are true:

a.

The proposed domestic water supply to the lot or reserved space is to be provided by a public water system as defined in Section 4010.1 of the Health and Safety Code;

b.

A binding agreement has been entered into between the owner and the water supplier, enforceable by the owner and the owner's successors in interest to the lot or reserved space, providing, on terms substantially the same as those given the water supplier's customers generally, for the connection to the water supplier's system of the lot or reserved space; and

c.

The agreement was in effect on March 3, 1992, and is still in effect.

(Add Ord. 3994—3/3/92 )

From time to time, as it appears to the Planning Director that the provisions of Section 8112-4 would no longer prohibit the issuance of Residential Permits with respect to one or more lots or reserved spaces at the top of the waiting lists, the Planning Director shall mail the Residential Permits to the addresses indicated for such purpose on the applications for listing. The Planning Director shall mail such permits so that within each calendar year, to the fullest extent possible, 50 percent of the lots and reserved spaces to which they relate are listed on Waiting List A and 50 percent are listed on Waiting List B; provided that, if it appears as of December 1 of any calendar year that either list is not long enough to use up its allocation within that calendar year, the Planning Director shall make such unused allocation available to the other list by mailing the Residential Permits in December of that year. The Residential Permit shall state that unless the current record owner of the lot or reserved space submits to the Building Official of the County an acceptable application for a building permit within the time period specified in this Section, the lot or reserved space shall be stricken from the waiting list and the Residential Permit shall expire. If the Residential Permit pertains to a reserved space, it shall further state that, prior to applying for a building permit, the record owner must submit to the Planning Director in compliance with Section 8112-5.2.2 a form specifying the particular lot to be listed in the reserved space. The application for a building permit shall be completed in a manner acceptable to the Building Official. The time period for submitting an acceptable application for a building permit shall be the 90 calendar days following the day on which the Residential Permit is deposited in the mail; provided, however, that for good cause shown prior to the expiration of such 90-day period, the Building Official may extend such period for an additional period not to exceed 90 calendar days. Any decision to grant or deny such an extension shall be final and conclusive when announced by the Building Official. If the current record owner of the lot or reserved space does not submit an acceptable application for a building permit within such 90-day period or any extension thereof, the lot or reserved space shall be stricken from the waiting list and the Residential Permit shall expire. If the current record owner of the lot does submit an acceptable application for a building permit within such 90-day period or any extension thereof, the date on which such application was accepted by the Building Official shall be marked thereon.

(Am. Ord. 3994—3/3/92)

All of the requirements for issuance of the building permit for which a Residential Permit is required must be satisfied within 90 calendar days following the date on which the application for the building permit was accepted pursuant to Section 8112-6; provided, however, that for good cause shown prior to the expiration of such 90-day period the Building Official may extend such period for an additional period not to exceed 30 calendar days. Any decision to grant or deny such an extension shall be final and conclusive when announced by the Building Official. If any of such requirements is not satisfied within such 90-day period or any extension thereof, the building permit shall not be issued, the lot shall be stricken from the waiting list, and the Residential Permit shall expire. If all such requirements are satisfied within such 90-day period or any extension thereof, the building permit shall be issued and the lot shall be stricken from the waiting list. When a building permit is issued, the Residential Permit shall remain in effect until either the building permit expires or the unit becomes a Completed Dwelling Unit, at which time the Residential Permit shall expire.

Any lot or reserved space on a waiting list established pursuant to Section 8112-5 shall be stricken from such list at the request of the current record owner of such lot or reserved space. Any Residential Permit pertaining to such lot or reserved space shall expire when the lot or reserved space is stricken pursuant to this Section.

The Board of Supervisors shall hold annual public hearings each January to review the effectiveness of this Article. At each hearing, the Planning Director shall report the following for the Ojai Valley:

a.

The Current Number of Dwelling Units as of January 1 of the year of the hearing, broken into the following components:

(1)

Completed Dwelling Units;

(2)

Dwelling units that are not yet Completed Dwelling Units but for which a Current Residential Permit has been issued; and

(3)

Dwelling units that are not yet Completed Dwelling Units but for which an unexpired building permit has been issued by the City of Ojai.

b.

The Maximum Permissible Number of Dwelling Units.

c.

The maximum number of additional dwelling units, if any, for which Residential Permit could be issued in the year of the hearing.

d.

The number of dwelling units for which lots or reserved spaces are listed, as of January 1 of the year of the hearing, on the waiting lists established pursuant to Section 8116-5.