Article II — MAPS

DIVISION 1. GENERALLY

SEC. 15-10. TENTATIVE SUBDIVISION MAP AND FINAL MAP REQUIRED; EXCEPTIONS.

A tentative subdivision map and a final map shall be required for the subdivisions described in Cal. Gov't Code, Section 66426, with the exceptions stated therein.

(`64 Code, Sec. 27-10) (Ord. No. 1570)

SEC. 15-11. TENTATIVE PARCEL MAPS AND PARCEL MAPS REQUIRED; EXEMPTIONS; WAIVERS.

(A) A tentative parcel map and a parcel map shall be required for each division of land creating four or fewer parcels and for each subdivision that is subject to an exception stated in Cal. Gov't Code, Section 66426.

(B) Neither a tentative parcel map nor parcel map shall be required in the situations described in Cal. Gov’t Code, Section 66428, Subsection (a), Subdivisions (1) and (2); provided, however, that a parcel map shall be required in a situation described in Cal. Gov’t Code, Section 66428, Subsection (a), Subdivision (2) if the decision- making body finds, based on facts in the record, that public policy necessitates a parcel map.

(C) The commission may waive the requirement for a tentative parcel map and a parcel map, provided that the commission finds at the time of waiver that the proposed division of land complies with requirements established by the Subdivision Map Act and this chapter, including but not limited to requirements as to area, improvement and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability and environmental protection.

(D) A lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel and where a greater number of parcels than originally existed is not thereby created, may be approved by the director without a tentative subdivision map, final map, tentative parcel map or a parcel map, as follows:

(1) The director's review shall be limited to determining whether the parcels resulting from the lot line adjustment will conform to the city's general plan, the city's

coastal plan (if applicable) and the city's building and zoning ordinances, including whether the resulting parcels comply with the area, width, frontage and yard requirements of the applicable zone. No nonconforming uses or structures may be created by a line adjustment.

(2) The director shall not impose conditions or exactions on approval of a lot line adjustment except to conform to the city's general plan, the city's coastal plan (if

applicable), and the city's building and zoning ordinances, to require the prepayment of real property taxes or to facilitate the relocation of existing utilities, infrastructure or easements.

(3) Prior to approval of the lot line adjustment, the applicant shall submit to the city engineer for review a grant deed that describes the proposed boundaries of the

parcels. If a lot line adjustment is approved, the applicant shall record the deed.

(4) City staff shall not require a record of survey for a lot line adjustment unless required by Cal. Bus. and Prof. Code, Section 8762.

(`64 Code, Sec. 27-11) (Ord. No. 1570, 1650, 1684, 1992, 2090, 2243, 2367, 2445, 3031)

SEC. 15-12. CHECK LIST FOR DEVELOPERS.

The secretary of the commission shall prepare and make available to developers a check list which shall itemize the information to be submitted by subdividers in connection with tentative parcel maps and tentative subdivision maps. The check list shall contain a column wherein a city official can check off items as to which information has been furnished.

(`64 Code, Sec. 27-12) (Ord. No. 1570, 2367, 2554)

SEC. 15-13. CITY-INITIATED MERGER OF CONTIGUOUS PARCELS.

(A) A parcel or unit of real property shall merge with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under applicable zoning ordinances and if all of the following requirements are satisfied:

(1) At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the

time of construction, or is developed only with one or more accessory structure, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

(2) With respect to any affected parcel, one or more of the following conditions exists:

(a) Comprises less than 5,000 square feet in area at the time of the determination of merger;

(b) Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

(c) Does not meet current standards for sewage disposal and domestic water supply;

(d) Does not meet slope stability standards;

(e) Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

(f) Its development would create health or safety hazards; and/or

(g) Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

(B) For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. This section shall not apply if one or more of the conditions exist as described in subparts (A) through (E) of Cal. Gov't Code, Section 66451.11.

(C) A merger of parcels becomes effective when the director causes to be filed with the Ventura County Recorder a notice of merger specifying the names of the record owners and particularly describing the real property. Prior to filing the notice, the city engineer shall review the property description.

(D) On or before filing a notice of merger, city staff shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards specified in this section, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger.

(E) At any time within 30 days after of the notice of intention to determine status is recorded, the owner of the affected property may file with the city clerk a request for a hearing on determination of status.

(F) Upon receiving a request for such a hearing on determination of status from the owner of the affected property, the city clerk shall fix a time, date and place for a hearing to be conducted by the commission and shall notify the property owner of that time, date and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the commission and the property owner.

(G) At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this section. At the conclusion of the hearing, the commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing.

(H) If the property owner does not file a request for a hearing within 30 days after the notice of intention to determine status is recorded, the commission may within 90 days of the expiration of such 30 days, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded within said 90 days. If a determination is made that the subject property shall not be merged, city staff shall file with the Ventura County recorder a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record.

(`64 Code, Sec. 27-13) (Ord. No. 1684, 2243)