Commission approves AT&T CUP amendment reducing required on‑site parking to zero in exchange for in‑lieu fees; code compliance must be resolved

The Ojai Planning Commission on April 2 voted to amend a longstanding conditional use permit associated with the AT&T switching station at 202 West Ojai Avenue, allowing the owner to reduce required on‑site employee parking to zero in exchange for paying two in‑lieu parking fees totaling $16,534.98. The amendment passed unanimously and includes a requirement that outstanding code‑compliance issues tied to the adjacent parking lot (111 West Matilija/Matileja Avenue) be addressed to the satisfaction of the Community Development director within 180 days.

The item revises a 1970s permit that historically tied a minimum number of employee spaces to the switching station and that has left an adjacent privately owned lot in the downtown core with a mix of reserved and informal spaces. Lucas Seibert, the city’s community development director, told commissioners the switching facility no longer has regular on‑site staff because of technological changes, and that a six‑space dedication historically associated with the site is no longer proportionate to current use.

“The building itself . . . is no longer having regular employees on‑site,” Seibert said in his staff presentation, and he described two options for resolving the parking requirement: provide off‑site spaces or pay an in‑lieu fee as allowed by the municipal code (Title 10, Chapter 2, Article 14). The city’s current in‑lieu rate, which the staff report shows is reviewed annually, is $8,267.49 per space; two spaces therefore equal $16,534.98.

Applicant representative Michael Morgan told the commission the property owner favored paying the in‑lieu fee. “We would like to exercise the option of 1B, which is paying the in‑lieu fees for the two parking stalls,” he said, and added the applicant intends to work with the city to resolve the active code‑compliance matter that affects the adjacent parking lot.

During the hearing staff acknowledged an open code‑compliance case tied to the condition of the parking lot at 111 West Matilija Avenue. The item prompted multiple public speakers who urged the commission to consider long‑term public benefit options for the parcel. Wendy Barker, director of the Ojai Valley Museum, told the commission the museum and other downtown uses have a recurring need for nearby parking and urged consideration of donation or city acquisition so the lot could be put to a public purpose.

“Sometimes it’s one person,” Barker said of the lot’s use at any given time, describing the surface as poorly paved and poorly lit. Brian Akins, a longtime museum board member, said the museum and others have discussed opportunities to buy or otherwise use the land if it becomes available.

Commissioners discussed the long history of conditions tied to the site, the recurring code‑compliance interactions dating back several years and how any future change of use would be reviewed. Staff said the amendment would not alter the property’s public/quasi‑public zoning designation, and that if the building’s use later changes — for example, if a future tenant proposes a restaurant or hotel use — the new use would be re‑evaluated and would trigger any additional parking requirements under the code or require the applicant to provide off‑site parking or pay additional in‑lieu fees.

As a condition of approving the CUP amendment, the commission required the property owner to work with code enforcement and the Community Development Department to resolve the active code‑compliance case concerning the adjacent parking lot within 180 days, to the director’s satisfaction. Staff explained that resolving the code case may require paving, drainage or landscaping work and that the commission asked for a clear timeline and completion to reduce uncertainty for future buyers or users of the lot.

The commission also recorded in the resolution that, should the switching‑use cease for six months, the CUP would be nullified and any new use would be reevaluated with parking requirements applied to the new use. Applicant representatives said AT&T intends to work with the city on resolving the code‑compliance issues and has had informal discussions with prospective buyers and downtown property owners about the lot’s disposition.

The commission voted 5‑0 to amend the CUP. Chair Trent, Vice Chair Murphy and Commissioners Bennett, Chesley and Graham all voted in favor. The applicant chose the in‑lieu fee option; staff will confirm receipt of the fee and track code‑compliance progress under the 180‑day timeline.

If the CUP amendment is implemented and the owner later proposes a different use for the parking lot, that new use would be subject to planning review and any applicable parking or land‑use requirements.