§ 8205-6

The advisory agencies for proposed tentative tract maps and tentative parcel maps are designated below. The appeal board for appeals of decisions on proposed tentative tract maps and tentative parcel maps is designated by Section 8216-2 of this Chapter. For other decisions and actions taken pursuant to this Chapter, the applicable advisory agency is set forth in the governing section.

(Ord. No. 4566, § 1, 6-16-2020)

8205-6.2.1.1 - Initial advisory agency—Planning Commission.

For subdivisions which require the preparation of a tentative tract map, the Planning Commission shall be the initial advisory agency and shall make a recommendation to the Board of Supervisors regarding the proposed tentative tract map at a public hearing.

(Ord. No. 4566, § 1, 6-16-2020)

After receipt of the resolution stating the Planning Commission's recommendation, the Board of Supervisors shall hold a public hearing on the tentative tract map as the decision-making body.

(Ord. No. 4566, § 1, 6-16-2020)

For a subdivision which requires a tentative parcel map, the Planning Director shall be the advisory agency and shall hold a public hearing on the tentative parcel map.

(Ord. No. 4566, § 1, 6-16-2020)

8205-6.3 - Filing requirements and completeness.

a.

Applications for the approval of a tentative map shall be filed with the Planning Division. No application shall be accepted for filing and processing if a violation of the NCZO, CZO, or this Chapter exists on the subject lot(s) unless the acceptance of the application is necessary to abate the existing violation and unless it conforms to the requirements of this Chapter; contains in a full, true, and correct form, the required information prescribed by the forms supplied by the Planning Division; and is accompanied by the appropriate fees.

b.

The Planning Division shall process a tentative map application pursuant to the requirements set forth in Government Code sections 66452.1 and 66452.2. Once all information required to complete the review of the tentative map is provided, the Planning Director shall deem the application complete. If the application is determined to be incomplete, the applicant shall be notified in writing of the reasons therefor and informed of the information needed to make the application complete.

(Ord. No. 4566, § 1, 6-16-2020)

Upon written notification to the applicant, the Planning Director may terminate the processing of an incomplete tentative map application if the Planning Director determines that the applicant did not make a reasonable effort to complete the application for a period of six (6) months from the date of notification of incompleteness. An extension to this six-month period may be granted by the Planning Director on written request for an extension by the applicant showing good cause. If the Planning Director terminates the incomplete application, the County shall refund all unused fees to the applicant, pursuant to Section 8203-0.1 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

a.

Except as otherwise provided in subsection (b), (c), or (d) of this Section 8205-6.5, in determining whether to approve or disapprove an application for a tentative map, only those ordinances, policies, and standards in effect on the date the Planning Director has determined that the application is complete pursuant to Government Code section 65943 shall be applicable.

b.

Subsection (a) above shall not apply if, before the Planning Director has determined a tentative map to be complete pursuant to Government Code section 65943, the County has done both of the following:

1.

Initiated proceedings by way of ordinance, resolution, or motion;

2.

Published notice in the manner prescribed in Government Code section 65090(a) containing a description sufficient to notify the public of the nature of the proposed change in the applicable General Plan, area plan, specific plan, or zoning or subdivision ordinances.

c.

If compliance with subsection (b) above has occurred, any County ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the advisory agency approves or disapproves the tentative map shall be applicable in determining whether the map should be approved or disapproved.

d.

If the applicant requests changes in applicable County ordinances, policies, or standards in connection with the same development project for which a tentative map is sought, any ordinances, policies, or standards adopted pursuant to the applicant's request shall apply.

(Ord. No. 4566, § 1, 6-16-2020)

8205-6.6 - Required findings and standards for approval.

A tentative tract map or tentative parcel map may only be approved if the decision-making advisory agency makes all of the following findings, based upon the conditions imposed and the evidence in the record including staff reports, CEQA documents, testimony, and other documents and information available at the public hearing:

a.

The proposed subdivision does not violate any standards, requirements, or conditions of the Subdivision Map Act, this Chapter, or other County ordinance;

b.

The proposed map, together with its provisions for design and improvement of the proposed subdivision, is consistent with the General Plan (see Gov. Code §§ 65300 et seq.) and any applicable area and specific plans (see Gov. Code §§ 65450 et seq.). Consistency with the General Plan, area plans, or specific plans shall be found if the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such plan(s) (see Gov. Code §§ 66473.5, 66474(a), and 66474(b));

c.

The site is physically suitable for the proposed type of development (see Gov. Code § 66474(c)). Considerations for lack of physical suitability may include, but are not limited to, the presence of unmitigable geologic hazards or inadequate access, including inadequate secondary emergency fire access as required by the Ventura County Fire Protection District;

d.

The site is physically suitable for the proposed density of development (see Gov. Code § 66474(d));

e.

The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat (see Gov. Code § 66474(e)); however, if that finding cannot be made, the advisory agency may nonetheless approve the tentative map if an environmental impact report was prepared with respect to the project and a finding was made that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report pursuant to Government Code section 66474.01;

f.

The design of the subdivision or type of improvements is not likely to cause serious public health problems (see Gov. Code § 66474(f));

g.

The design of the subdivision or the type of improvements will not conflict with easements which are of record or are established by judgment of a court of competent jurisdiction and which have been acquired by the public at large, for access through or use of, property within the proposed subdivision; however, if that finding cannot be made, the advisory agency may nonetheless approve the tentative map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public (see Gov. Code § 66474(g));

h.

If the proposed subdivision fronts upon a public waterway, public river, public stream, coastline, shoreline, publicly owned lake or publicly owned reservoir, the applicable findings of Government Code sections 66478.4 through 66478.14 relating to public access must be made;

i.

The proposed subdivision would be compatible with existing conditionally permitted oil and gas leases or oil and gas wells located within the proposed subdivision, and the subdivider has adequately demonstrated that all wells designated as abandoned have been or will be abandoned in accordance with the laws, regulations, and guidelines of the California Geologic Energy Management Division;

j.

If the land, or a portion thereof, that is the subject of the proposed subdivision is subject to either: (1) a contract entered into pursuant to the California Land Conservation Act of 1965 (see Gov. Code §§ 51200 et seq.); (2) an open-space easement entered into pursuant to the Open-Space Easement Act of 1974 (see Gov. Code §§ 51070 et seq.); (3) an agricultural conservation easement entered into pursuant to Chapter 4 (commencing with Section 10260) of Division 10.2 of the Public Resources Code; or (4) a conservation easement entered into pursuant to Chapter 4 (commencing with Section 815) of Part 2 of Division 2 of the Civil Code, the resulting parcels following the subdivision of that land shall:

1.

Be of sufficient size to sustain their commercial agricultural use;

2.

Not result in residential development that is not incidental to the commercial agricultural use of the land as set forth in Government Code section 66474.4; and

3.

Be consistent with the California Land Conservation Act of 1965 and the Ventura County Land Conservation Act Guidelines.

k.

The subdivider has either record title to or a contractual right to acquire title to all rights-of-way necessary to provide any proposed off-site access from the proposed subdivision to the nearest public road, including to provide secondary access as required by the Ventura County Fire Protection District;

l.

The proposed subdivision is located within an Earthquake Fault Zone established pursuant to the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code, sections 2621 et seq.) and is in accordance with the policies and criteria established by the California Geologic Survey pursuant to that Act (See CCR, title 14, §§ 3600, et seq.);

m.

To the extent feasible, the design of the proposed subdivision provides for future passive or natural heating or cooling opportunities pursuant to Government Code section 66473.1;

n.

The proposed design of the subdivision provides for appropriate cable television systems and communication systems, including, but not limited to, telephone and internet services, to each parcel in the subdivision that is designed to be developed with a principal building, pursuant to Government Code section 66473.3;

o.

If the proposed subdivision is a "housing development project" as defined in Government Code section 65589.5, the statutory requirements therein must be complied with, including all limitations on imposing conditions and making the necessary findings if the tentative map for the housing development project is conditionally approved or disapproved;

p.

If the proposed subdivision would be created from the conversion of a mobilehome park to another use, the requirements of Government Code section 66427.4, Article 13 of this Chapter and Article 17 of the NCZO must be met;

q.

If the proposed subdivision is located in a "state responsibility area" or a "very high fire hazard severity zone," as both are defined in Government Code section 51177, the findings required by Government Code section 66474.02 must be made;

r.

If the Subdivision Map Act, this Chapter, or any other law requires a specific finding to be made to approve a particular tentative map that is not set forth above or that is enacted after the adoption of this Chapter, then those findings must be made.

(Ord. No. 4566, § 1, 6-16-2020)

The advisory agency shall determine whether the discharge of waste from the proposed subdivision into an existing community sewer system would result in a violation of existing requirements prescribed by the Los Angeles Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code. In the event that the advisory agency finds that the proposed waste discharge would result in or add to a violation of such requirements, the advisory agency may disapprove the tentative map or maps of the subdivision (see Gov. Code § 66474.6). Any interested person may appeal the advisory agency's determination to the legislative body in the manner prescribed in Article 16 of this Chapter. Such appellant shall be entitled to the same notice and rights regarding testimony as are accorded a subdivider.

(Ord. No. 4566, § 1, 6-16-2020)

8205-6.7 - Expiration and extensions of tentative maps. 8205-6.7.1 - Expiration.

a.

An approved tentative map shall expire thirty-six (36) months from the date it was approved subject to applicable statutory extensions of the tentative map set forth in the Subdivision Map Act.

b.

A final map or parcel map substantially conforming to the approved tentative map and prepared in accordance with the Subdivision Map Act and this Chapter shall be submitted to the County Surveyor for approval after all required certificates or statements on the map have been signed and, where necessary, acknowledged prior to the expiration date. Once a timely submission occurs, subsequent actions of the County, including, but not limited to, processing, approving, and recording the parcel map or final map, may lawfully occur after the date of expiration of the tentative map. Unless a final map or parcel map is timely submitted in accordance herewith prior to expiration of the corresponding tentative map, all proceedings shall terminate upon such expiration, and any subdivision of the land shall require the filing, processing, and approval of a new tentative map.

(Ord. No. 4566, § 1, 6-16-2020)

An extension of the expiration date of a tentative map may be requested by a subdivider and thereafter approved, conditionally approved or denied by the Planning Director. An application for extension must be submitted to the Planning Division before the expiration of the tentative map. If the application is timely submitted, the tentative map shall be automatically extended for sixty (60) days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. The extension may be approved for a maximum period of seventy-two (72) months. The period of extension is in addition to the period of time provided in Section 8205-6.7.1(a) above. If the extension request is denied by the Planning Director, the subdivider may appeal that denial in the manner prescribed in Article 16 of this Chapter, except that the subdivider shall have fifteen (15) calendar days to file the appeal to the legislative body.

(Ord. No. 4566, § 1, 6-16-2020)

8205-6.8.1 - Rights conferred; conditions and procedures.

a.

Whenever a tentative map is required to be filed, a vesting tentative map may instead be filed. If a subdivider does not seek the rights conferred as a result of filing a vesting tentative map, a tentative map may be filed. Unless expressly provided otherwise, the provisions of this Chapter which apply to tentative maps shall also apply to vesting tentative maps.

b.

When the advisory agency approves a vesting tentative map, that approval confers a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards described in Section 8205-6.5 above.

c.

The approval or conditional approval of a vesting tentative map shall expire at the end of the same time period, and shall be subject to the same time extensions, as set forth in Section 8205-6.7 above for tentative maps.

d.

The rights conferred by subsection (b) above shall expire if a final map or parcel map is not approved prior to the expiration of the vesting tentative map. If a final map or parcel map for which a vesting tentative map has been approved is timely filed and recorded, the rights conferred by subsection (b) above shall last for the following period of time:

1.

An initial time period of twenty-four (24) months following the recording of the final or parcel map. Where multiple final maps are recorded on various designated approved phases of a project covered by a single vesting tentative map, a 12-month initial time period shall begin for each phase when the final map or parcel map for that phase is recorded; and

2.

The initial time period set forth in Section 8205-6.8.1(d)(1) shall be automatically extended by any time used by the County for processing a complete application for a grading permit or for design or architectural review, if the time used by the County to process the application exceeds thirty (30) days from the date the complete application is filed. A permit for design or architectural review may include a subsequent land use entitlement that is necessary to develop the improvements associated with the final map or parcel map.

3.

At any time prior to the expiration of the initial time period set forth in Section 8205-6.8.1(d)(1), the subdivider may submit to the Planning Division a written request for a 12-month extension and, if the request is timely, the Planning Division shall grant the extension as a matter of right.

4.

If the subdivider submits a complete application for a building permit during the periods of time specified in Section 8205-6.8.1(d)(2) above, the rights conferred by this Chapter shall continue until the expiration of that permit, or any extension of that permit granted by the County.

e.

Notwithstanding subsections (b) and (d) of this Section, the County may condition or deny a permit, approval, extension, or entitlement involving property subject to a vesting tentative map if it determines any of the following:

1.

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

2.

The condition or denial is required in order to comply with state or federal law.

f.

A tentative map previously filed may not be amended to be a vesting tentative map. Instead, a new vesting tentative map shall be required.

(Ord. No. 4566, § 1, 6-16-2020)

8205-6.8.2 - Further extension of time for rights conferred.

a.

A subdivider who has extended the rights conferred by a vesting tentative map for the period identified in Section 8205-6.8.1(d) of this Chapter by securing the approval of, and recording a parcel map or final map prior to the expiration of the vesting tentative map, may submit to the Planning Division a written request to further extend those rights for an additional twelve (12) months, provided such extension request is filed with the Planning Division prior to the expiration of that period of time identified in Section 8205-6.8.1(d) above.

b.

A decision to grant or deny an application or extension shall be within the sole discretion of the Planning Director.

c.

If the extension request is denied by the Planning Director, the subdivider may appeal that denial in the manner prescribed in Article 16 of this Chapter, except that the subdivider shall have fifteen (15) calendar days to file the appeal to the legislative body.

(Ord. No. 4566, § 1, 6-16-2020)

A failure to proceed with the development prior to the expiration of that period of time identified in Section 8205-6.8.1(d), as further extended by Section 8205-6.8.2, shall result in a loss of the rights conferred by the parcel map or final map approval.

(Ord. No. 4566, § 1, 6-16-2020)

8205-7 - Tentative map corrections and amendments after approval. 8205-7.1 - Purpose.

This Section is intended to establish procedures for the correction and amendment of approved tentative maps and vesting tentative maps prior to their expiration.

(Ord. No. 4566, § 1, 6-16-2020)