8202-0 - Application of definitions; reference to other laws.

a.

Unless the provision or context otherwise requires as determined by the Planning Director, the definitions of words and terms as follows shall govern the construction of this Chapter.

b.

Terms defined in Section 8202-0 below are italicized whenever they appear in the main text of this Chapter.

c.

Whenever any words or phrases used in this Chapter are not defined herein but are defined in the Subdivision Map Act or in another chapter of this Division, such definitions shall be deemed incorporated herein and shall apply as though set forth in full in this Chapter. If a conflict exists between a definition herein and a definition in the Subdivision Map Act, the latter definition shall control in the case where the County is not authorized to modify the definition. If there is a conflict between a definition in this Chapter and a definition in another chapter of this Division, the definition herein shall control.

d.

Whenever a definition or other provision in this Chapter references a provision of the Subdivision Map Act or other federal, state or local law or regulation (collectively, "Referenced Law"), the reference shall be to the current or successor version of the Referenced Law unless expressly stated otherwise herein.

Definitions — A

"Access rights" — The rights to vehicular and pedestrian entry onto a public street from private property.

"Advisory agency" — Shall have the same definition as set forth in Government Code section 66415, as may be amended, which states: "A designated official or an official body charged with the duty of making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon, or having the authority by local ordinance to approve, conditionally approve or disapprove maps." This Chapter identifies the County officials and bodies designated as advisory agencies in the applicable articles hereof.

"Appeal Board" — Shall have the same definition as provided in Government Code section 66416, as may be amended, which states: "A designated board or other official body charged with the duty of hearing and making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required." This Chapter identifies the County boards designated as appeal boards in the applicable articles hereof.

"Approved access" — A right of vehicular travel to a public street as approved by the Public Works Director.

"Agriculture" — Shall have the same meaning as the term "agriculture" as set forth in the NCZO, Article 2, Definitions, as may be amended.

"Applicant" — The person submitting an application requesting any decision, approval, or action under this Chapter.

Definitions — B

"Buildable site" — An area of a lot where a principal structure may be feasibly developed outside of known geological hazard areas where risks to people or property cannot be reasonably avoided with standard engineering practices, that can be served with public water and sewer or can accommodate an on-site well and/or wastewater treatment system that is adequate to serve the proposed development, and to which there is reasonable legal access.

Definitions — C

"CEQA" — Refers to the California Environmental Quality Act, as set forth in Public Resources Code sections 21000 et seq., and the CEQA Guidelines, as set forth in California Code of Regulations, title 14, sections 15000 et seq.

"Certificate of Compliance" — A recorded certificate issued by the County under the authority of Government Code section 66499.35. (See Article 14 of this Chapter.)

"Communications facilities" — Shall have the same definition as set forth in the NCZO, Article 2, Definitions, as may be amended, which states: "Unstaffed facilities that transmit or receive electromagnetic signals for the purpose of operating telephone, radio, television, or data communication services. Such facilities include transmitting and receiving antennas/dishes, radar stations microwave towers, and other associated equipment and structures primarily designed to support the transmission of electromagnetic signals. Non-commercial antennas and wireless communication facilities are included in this definition."

"Community apartment project" — Shall have the same definition as set forth in Civil Code section 4105, as may be amended, which states: "A development in which an undivided intertest in land is coupled with the right of exclusive occupancy of any apartment located thereon."

"Conditional Certificate of Compliance" — A recorded certificate issued by the County under the authority of Government Code section 66499.35(b). (See Article 14 of this Chapter.)

"Condominium" — Shall have the same definition as set forth in Civil Code sections 4125 and 6542, as may be amended.

"Conservation organization" — Shall: (1) have the same definition as a "qualified organization" under the Internal Revenue Code (26 U.S.C §170(h)(3)); (2) be able to accept a qualified real property interest (26 U.S.C., §170(h)(2)) exclusively for conservation purposes (26 U.S.C., §170(h)(4)(A)); (3) have a commitment to protect the land for conservation purposes; and (4) have the resources to enforce the conservation-related conditions and restrictions placed on the property. An entity that is demonstrably organized and operating primarily or substantially for conservation purposes shall be presumed to have the commitment to protect the land for conservation purposes. (See Article 11 of this Chapter.)

"Conservation parcel" — A lot created for conservation purposes. (See Article 11 of this Chapter.)

"Conservation purposes" — Shall have the same definition as "conservation purposes" under the Internal Revenue Code (26 U.S.C. §170(h)(4)) covering:

a.

The preservation of land for outdoor recreation by, or the education of, the general public;

b.

The protection of a relatively natural habitat of fish, wildlife or plants, or similar ecosystem; or

c.

The preservation of open space, including farmland and forestland, where such preservation is either:

1.

for the scenic enjoyment of the general public; or

2.

pursuant to a clearly delineated federal, state or County conservation policy and will yield a significant public benefit; or

d.

The preservation of an historically important land area or a certified historic structure. "Certified historic structure" shall have the same definition as set forth in the Internal Revenue Code (26 U.S.C. §170(h)(4)(C)) which means "any building, structure, or land area which is listed in the National Register, or any building which is located in a registered historic district (as defined in section 47(c)(3)(B) of the Internal Revenue Code) and is certified by the Secretary of the Interior to the Secretary as being of historic significance to the district."

"Contiguous lots" — Lots or units of land which abut, adjoin or otherwise touch each other along a common boundary or which would do so except for separation by a strip of land over which some person or entity, other than the owner of the lots, has some property interest, including fee title or some lesser interest, such as a

leasehold or easement, which does not preclude the lots from being reasonably developed as a single unit. Examples of such strips of land include, but are not limited to, roads, streets, utility easements, railroad rightsof-way, canals, and drainage channels.

"County Surveyor" — The Ventura County Surveyor or designee.

"CZO" — Refers to the Ventura County Coastal Zoning Ordinance, as set forth in Division 8, Chapter 1.1 of the Ventura County Ordinance Code.

Definitions — D

"Day" — Any reference to "day" or "days" within this Chapter means calendar days as opposed to working days unless stated otherwise.

"Density" — The level of development permitted per unit of land area, expressed as the number of dwelling units per acre and maximum building coverage. The General Plan and/or zoning ordinances establish maximum development densities for unincorporated areas of the County.

"Design" — Shall have the same definition as set forth in Government Code section 66418, as may be amended, which states: "Design means: (1) street alignments, grades and widths; (2) drainage and sanitary facilities and utilities, including alignments and grades thereof; (3) location and size of all required easements and rights-of-way; (4) fire roads and firebreaks; (5) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan as required pursuant to Government Code section 66473.5."

) lot size and configuration; (6) traffic access; (7) grading; (8) land to be dedicated for park or recreational purposes; and (9) other specific physical requirements in the plan and configuration of the entire subdivision that are necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan as required pursuant to Government Code section 66473.5."

"Development" — Shall have the same definition as set forth in Government Code section 66418.1, as may be amended, which states: "The uses to which the land which is the subject of a map shall be put, the buildings to be constructed on it, and all alterations of the land and construction incident thereto."

Definitions — E

"Environmental Health Division" — The Environmental Health Division of the Resource Management Agency, County of Ventura.

"Environmental subdivision" — A subdivision of land for biotic and wildlife purposes approved pursuant to this Chapter in accordance with Government Code section 66418.2.

Definitions — F

"Frontage" — The property line or lines of a parcel abutting a public or private street, but not an alley.

Definitions — G

"General Plan" — Refers collectively to the Ventura County General Plan including the Ventura County Coastal Area Plan, all other county area plans, and any County specific plans.

"Gross floor area" — Shall have the same meaning as the term "gross floor area" as set forth in the NCZO, Article 2, Definitions, as may be amended.

Definitions — H

"Hillside area" — Any area within a proposed subdivision which has an average natural slope of twenty (20) percent or greater.

Definitions — I

"Improvement" — Shall have the same definition as set forth in Government Code section 66419 as may be amended, which states: "(a) Any street work and utilities to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways, and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and drainage needs as a condition precedent to the approval and acceptance of the final map thereof. (b) "Improvements" also refer to any other specific improvements or types of improvements, the installation of which, either by the subdivider, public agencies, private utilities, any other entity approved by the local agency, or a combination thereof, is necessary to ensure consistency with, or implementation of, the General Plan or any applicable specific plan."

Definitions — L

"Legislative body" — The Ventura County Board of Supervisors.

"Local agency" — The County of Ventura.

"Local coastal program" — The County's certified coastal land use plan consisting of the Ventura County Coastal Area Plan and Coastal Zoning Ordinance.

"Lot" — An area of real property that has fixed boundaries depicted on or described by a final map, parcel map, or instrument of conveyance for the purpose of defining land to be held, actually or potentially, in fee title as a discrete unit; provided that streets, alleys, and similar rights-of-way, whether held in fee or otherwise, are not lots. Condominium units that consist of airspace, as opposed to divisions of land, are not lots. Mere easements and licenses are not lots. Except as otherwise specified in this Chapter, references to lots are intended to include remainder parcels and parcels offered for dedication. "Lot" has the same meaning as "parcel" and the terms are synonymous.

"Lot Area, Gross/Gross Area" — The total area, measured in a horizontal plane, within the lot lines of a lot. For purposes of this Chapter, the terms "gross area" and "gross lot area" have the same meaning and are synonymous.

"Lot area, net/net area" — Gross lot area less the area within any existing or proposed public or private street, road, or easement for ingress or egress, and less the area within any existing or proposed easement wherein the owner of the lot is prohibited from using the surface of the land. Included in the "net area" is the area lying within public utility easements, sanitary sewer easements, landscaping easements, public service and tree maintenance easements, open space easements, flowage easements, subsurface drainage easements, subsurface flood control easements, and other such easements wherein the owner of the lot is not prohibited from using the surface of the land.

"Lot, flag" — A lot generally configured in the shape of an "L" or "T," and which takes access from the street by means of a strip of land which is part of the lot.

"Lot, illegal" — A lot that does not comply with the Subdivision Map Act or the Subdivision Ordinance and does not qualify for a certificate of compliance. (See definition of "lot, legal" regarding legal status of lots for which a conditional certificate of compliance has been issued and recorded.)

"Lot, legal" — A lot that complies with the Subdivision Map Act and the Subdivision Ordinance, and is either entitled to, or has been issued, a certificate of compliance. A lot that has been issued a recorded conditional certificate of compliance is a legal lot for purposes of sale, lease, and financing only, but is an illegal lot for all other purposes and is not eligible for the granting or issuance of land use permits or entitlements approving development thereon under the zoning ordinances or other County ordinances.

"Lot line adjustment" — A boundary line adjustment between four (4) or fewer existing adjoining parcels where the land taken from one (1) parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created.

"Lot, nonconforming" — A lot that does not meet the general design requirements of Sections 8205-5 et seq., of this Chapter, including but not limited to, the minimum lot size with regard to current zoning designations.

Definitions — M

"Merger" — The joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel.

"Mobilehome park" — Shall have the same definition as set forth in Health and Safety Code section 18214.

Definitions — N

"Natural resource agency" — Any federal, state, or local governmental agency created by statute or official action to protect natural resources. Such agencies include, but are not limited to, the U.S. Fish and Wildlife Service (USFWS), U.S. Army Corps of Engineers (USACE), the California Department of Fish and Wildlife (CDFW), State Parks, Regional Water Quality Control Board, and the Ventura County Watershed Protection District.

"NCZO" — Refers to the Ventura County Non-Coastal Zoning Ordinance, as set forth in Division 8, Chapter 1 of the Ventura County Ordinance Code.

"Non-conservation parcel" — The parcel created through the conservation subdivision process which is not intended to be maintained for natural resource conservation in perpetuity.

Definitions — O

"Omitted parcel" — Has the same meaning as "remainder parcel."

Definitions — P

"Parcel" — Has the same meaning as "lot," and the two (2) terms are synonymous. An area of real property with an assigned tax assessor's parcel number is not necessarily a "parcel" for purposes of this Chapter.

"Parcel, parent" — An area of real property from which a subdivision is, or was, created.

"Permanent domestic water supply" — A supply or supplies of potable water to be provided by a system or systems approved by the California State Water Resources Control Board, Division of Drinking Water, or the Environmental Health Division and the Public Works Agency in a quantity sufficient to supply adequately and continuously the total domestic requirements of all consumers of the system under maximum demand conditions. Potability shall be determined in accordance with standards established by the State of California and the Environmental Health Division.

"Person" — Any individual, organization, partnership, or other business association or corporation, including any utility, and any federal, state, local government, or special district or an agency thereof.

"Planning Commission" — The Ventura County Planning Commission.

"Planning Director" — The Director of the Resource Management Agency, Planning Division, of the County of Ventura, or designee.

"Public Works Agency" — The Public Works Agency, County of Ventura.

"Public Works Director" — The Director of the Public Works Agency of the County of Ventura, or designee.

Definitions — Q

"Quimby Ordinance" — Refers to Sections 8208-8.3 through 8208-8.3.12 of this Chapter enacted pursuant to the Quimby Act, which is set forth in Government Code section 66477.

Definitions — R

"Remainder parcel" — The portion of a parent parcel which is not created for purposes of sale, lease, or financing, including: (1) any portion of a parent parcel that is either a "designated remainder" or an "omitted parcel" within the meaning of Government Code section 66424.6; or (2) any portion of a parent parcel that is designated as a "remainder parcel" pursuant to Section 8206-0.14 of this Chapter. Except as otherwise provided in this Chapter, a "remainder parcel" is a lot for the purposes of this Chapter.

"Reservation" — A portion of the acreage of a subdivision that is reserved for public use in accordance with the requirements of this Chapter and Government Code sections 66479 et seq.

Definitions — S

"Slope/density analysis" — Shall have the same definition as "slope/density formula" in the CZO, Article 2, Definitions and the same formula outlined in Section 8175-2(c) of the CZO, as may be amended.

"Specific plan" — A separately adopted land use plan which provides for the systematic implementation of the General Plan in accordance with Government Code sections 65450 et seq.

"Stock cooperative" — Shall have the same definition as set forth in Business and Professions Code section 11003.2, as may be amended.

"Subdivider" — Shall have the same definition as set forth in Government Code section 66423, as may be amended, which states: "A person, firm, corporation, partnership or association who proposes to divide, divides or causes to be divided real property into a subdivision for himself or for others except that employees and consultants of such persons or entities, acting in such capacity, are not 'subdividers'."

"Subdivision" — Shall have the same definition as set forth in Government Code section 66424, as may be amended, which states: "The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease, or financing, whether immediate or future. Property shall be considered contiguous units, even if it is separated by roads, streets, utility easement, or railroad rights-of-way. 'Subdivision' includes a condominium project, as defined in Section 4125 or 6542 of the California Civil Code, a community apartment project, as defined in Section 4105 of the California Civil Code, or the conversion of

five (5) or more existing dwelling units to a stock cooperative, as defined in Section 4190 or 6566 of the California Civil Code."

"Subdivision laws" — The Subdivision Map Act and this Subdivision Ordinance, including the preceding versions of each when the context references earlier versions.

"Subdivision Map Act" — Refers to the Subdivision Map Act, as set forth in Government Code sections 66410 et seq.

"Subdivision Ordinance" — This Division 8, Chapter 2 of the Ventura County Ordinance Code, including its preceding versions when the context references earlier versions, consistent with Government Code section 66421. The Subdivision Ordinance is also referred to as "this Chapter."

Definitions — T

"Tentative map" — Shall have the same definition as set forth in Government Code section 66424.5(a), as may be amended, which states: "A map made for the purpose of showing the design and improvement of a proposed subdivision and the existing conditions in and around it and need not be based upon an accurate or detailed final survey of the property."

"Thoroughfare" — A roadway as shown on the circulation element of the General Plan and designated as a thoroughfare therein.

Definitions — V

"Ventura County Floodplain Management Ordinance" — Refers to Ventura County Ordinance No. 4521, as may be amended.

"Ventura County Improvement Standards and Specifications" — Collectively refers to the following documents or their successor documents, and any other documents incorporated therein by reference:

a.

Ventura County Standard Land Development Specifications;

b.

Ventura County Land Development Manual;

c.

Ventura County Road Standards;

d.

Ventura County Waterworks Manual;

e.

Ventura County Sewerage Manual;

f.

Ventura County Watershed Protection District Design Manual (VCFD);

g.

Ventura County Watershed Protection District Design Hydrology Manual;

h.

Ventura County Building Code; and

i.

Ventura County Technical Guidance Manual for Stormwater Quality Control Measures — New Development and Redevelopment Projects.

"Vesting Tentative Map" — Shall have the same definition as set forth in Government Code section 66424.5(b), as may be amended, which states: "A map which meets the requirements of subdivision (a) (of section 66424.5) and section 66452 (of the Subdivision Map Act)." See Section 8205-6.8 of this Chapter.

"Voluntary merger" — The merger of one (1) or more contiguous lots, initiated by the property owner, all of which are under the same ownership into one (1) lot without reverting to acreage and in conformity with Article 10.

Definitions — Z

"Zoning ordinances" — Collectively refers to the NCZO and the CZO, as set forth in Division 8, Chapters 1 and 1.1 of the Ventura County Ordinance Code, respectively.

(Ord. No. 4566, § 1, 6-16-2020)

Article 3. - Fees and Charges

8203-0 - Fees and charges. 8203-0.1 - Application fees.

Applications submitted under this Chapter, except appeals, shall be accompanied by payment of all required processing fees and all outstanding fees, charges, and penalties that are owed by the applicant (or by a related person such as the applicant's principal, parent company, or subsidiary company) to the County for charges billed under the NCZO, CZO, and this Chapter. Furthermore, each application submitted under this Chapter, including appeals, shall be accompanied by the fees, deposits, and charges specified by the Board-adopted Fee Schedule for the requested action before it is accepted for filing and processing. If processing costs exceed the amount of a deposit, the applicant shall be billed for and be responsible for timely payment of the balance. Should final processing costs be less than the amount of the deposit, the unused portion shall be refunded to the applicant.

its, and charges specified by the Board-adopted Fee Schedule for the requested action before it is accepted for filing and processing. If processing costs exceed the amount of a deposit, the applicant shall be billed for and be responsible for timely payment of the balance. Should final processing costs be less than the amount of the deposit, the unused portion shall be refunded to the applicant.

The Planning Division shall charge and collect a single deposit from the applicant at the time of application submittal, and all affected County agencies will charge against that deposit. Applicants shall be responsible for payment of all County costs incurred by each County agency to process the application including to review, investigate, process, and make recommendations regarding the application and associated environmental review.

(Ord. No. 4566, § 1, 6-16-2020)