Article 5 — Tentative Maps

8205-0 - Subdivisions requiring tentative and final maps; exclusions.

In accordance with Government Code section 66426, as may be amended, a tentative map and a final map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except in the following situations:

a.

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the legislative body;

b.

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access by the Public Works Agency and the Ventura County Fire Protection District to a maintained public street or highway;

c.

The land consists of a parcel or parcels of land having approved access by the Public Works Agency and the Ventura County Fire Protection District to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the legislative body as to street alignments and widths;

d.

Each parcel created by the division has a gross area of not less than forty (40) acres, or is not less than a quarter of a quarter section;

e.

The land being subdivided is solely for the creation of an environmental subdivision pursuant to Government Code section 66418.2 and processed in the manner set forth in Section 8204-1.2 of this Chapter;

f.

The land being subdivided is a mobilehome park conversion to resident ownership or to another use pursuant to Government Code sections 66427.5 and 66427.4, respectively, and processed in the manner set forth in Article 13 of this Chapter.

A tentative map and a parcel map shall be required for those subdivisions described in subsections (a), (b), (c) and (d). For the purposes of computing the number of lots created by a subdivision, any remainder parcel and any lots to be conveyed to a governmental agency, public entity, public utility, or subsidiary of a public utility for conveyance to that public utility for rights-of-way shall not be counted.

(Ord. No. 4566, § 1, 6-16-2020)

8205-1 - Subdivisions requiring tentative and parcel maps.

Except as otherwise provided in this Chapter, a tentative map and a parcel map shall be required for all subdivisions creating four (4) or fewer lots, four (4) or fewer condominiums as defined in Section 783 of the Civil Code, a community apartment project containing four (4) or fewer parcels, or for the conversion of a dwelling to a stock cooperative containing four (4) or fewer dwelling units.

(Ord. No. 4566, § 1, 6-16-2020)

8205-2 - Submission of tentative maps.

a.

General — Unless otherwise provided in this Chapter, each proposed subdivision shall first be submitted to the Planning Division in the form of a tentative map. Tentative maps, including vesting tentative maps, shall be prepared and submitted in compliance with this

Article, all applicable state laws, and County ordinances.

b.

Identification Number — A subdivider desiring to submit a tentative map shall first obtain a tract number if the subdivision requires preparation of a final map or a parcel map number if the subdivision requires preparation of a parcel map. The number may be obtained only from the County Surveyor upon payment of the fee prescribed therefor by the Board of Supervisors.

c.

Number of Copies — The Planning Director shall determine the number of copies required for submission of a tentative map based, in part, on the type of proposed subdivision, location of the property, and number of individuals who must review the tentative map.

d.

Vesting Tentative Maps — A subdivider desiring to obtain the development rights conferred by Chapter 4.5, commencing with Section 66498.1 of the Government Code, shall print the words "Vesting Tentative Map" conspicuously on the face of each copy of the vesting tentative map prior to submitting it to the Planning Division for processing. Also see Section 8205-6.8 of this Chapter.

e.

Phased Maps — A subdivider desiring to record multiple final maps in accordance with Government Code section 66456.1, or multiple parcel maps in accordance with Government Code section 66463.1, relating to a single tentative map, shall so inform the Planning Division in writing at the time the tentative map application is submitted for processing. In providing such written notice, the subdivider shall not be required to define the number or configuration of the proposed multiple final or parcel maps. The Planning Director and subdivider may also concur in the recording of multiple final or parcel maps after the submittal of the tentative map. This concurrence and the reasoning behind the phased maps must be justified and documented in writing to be maintained as part of the record. The advisory agency may impose reasonable conditions on filing multiple maps.

(Ord. No. 4566, § 1, 6-16-2020)

8205-3 - Information to be shown on tentative maps.

Each tentative map shall consist of one (1) or more sheets of equal size. The scale of the tentative map shall be one-inch equals one hundred (100) feet or larger. The Planning Director may approve the use of another scale if warranted due to the size of the property. The map sheets shall not exceed forty-two (42) inches along any side. In addition to satisfying the design requirements of Sections 8205-5 et seq., of this Chapter, the tentative map shall show the following information:

a.

A small vicinity or area map (no larger than five (5) inches by five (5) inches in size) showing the major existing circulation pattern and all proposed major streets, existing major watercourses and existing Ventura County Watershed Protection District channels within one-half (½) mile of the exterior boundaries of the subdivision;

b.

In or near the lower right-hand corner of the first sheet:

Tract number or parcel map number;

Name and address of subdivider;

Name and address of owner(s) of parent parcel;

North point arrow and scale of map;

Name and address of person preparing the map;

The date the map was prepared;

The total number of lots to be created by the subdivision;

The total number of lots or parcels to be offered for dedication, excluding any remainder parcel and, if there is a remainder parcel, a notation to that effect;

c.

All boundary lines of the subdivision with approximate bearings and distances;

d.

The location of each existing lot prior to the proposed subdivision;

e.

Existing topography based on North American Vertical Datum of 1988 or latest vertical datum adopted by the California Spatial Reference Center. Contour intervals shall be:

One (1) foot unless the terrain is steeper than thirty-five (35) percent, then the contour interval can be increased to a maximum of ten (10) feet;

At least every fifth contour shall be clearly labeled and indicated so as to be distinctive; and

Contour lines shall be depicted for a sufficient distance beyond the boundary lines of the subdivision to clearly show the relationship of the topography of the subdivision to that of the surrounding land;

f.

Proposed individual lot lines and approximate dimensions thereof, with each lot identified as follows:

Any remainder parcel shall be designated "remainder parcel";

Any parcel to be dedicated or offered for dedication for flood control purposes shall be designated "Parcel X";

All lots which are to be dedicated or offered for dedication for any purpose other than flood control purposes shall be designated "parcel" and lettered consecutively commencing with the letter "A"; and

All other lots, including conservation parcels and non-conservation parcels as defined in Article 2 and further described in Article 11, shall be numbered consecutively commencing with the number 1;

g.

The gross and net area of each proposed lot ten (10) acres or smaller in size;

h.

The location of at least one (1) buildable site for each proposed lot for which a buildable site is required by Section 8205-5.1.5 of this Chapter;

i.

The proposed uses of each proposed lot (e.g., single-family, multifamily, commercial, industrial, schools, parks, and common areas);

j.

All structures, fences, tree rows, protected trees, existing or abandoned water wells, public utility lines, areas of native vegetation, prominent features, and land uses within the subdivision which are to remain or be removed and all those located within one hundred (100) feet of the proposed subdivision;

k.

The location of all environmentally sensitive habitat areas and sensitive biological resources as identified in an initial study biological assessment required by Section 4 (Biological Resources) of the Ventura County Initial Study Assessment Guidelines;

l.

All producing, abandoned and idle oil wells, oil and gas pipelines, existing and abandoned oil sumps, and existing oil and gas conditional use permit boundaries and associated pipeline facilities and equipment;

m.

The approximate location and direction of flow of all watercourses and natural drainage channels identified in an initial study biological assessment;

n.

The widths, centerline radii, and approximate grades of all rights-of-way and road widths for all roads within the proposed subdivision, the approximate finished grades at road intersections and turnarounds within the proposed subdivision, the widths and approximate locations of all existing or proposed public or private easements either within or outside of the proposed subdivision for roads, drainage, or utilities, and the location within and outside of the proposed subdivision of proposed storm drain lines, inlets and outlets;

o.

The width and location of all necessary and legal off-site access ways from the proposed subdivision to the nearest approved access;

p.

All widths of required defensible space and fuel modification zones in accordance with the regulations of the Ventura County Fire Protection District, Section 51182 of the Government Code, and Section 4291 of the Public Resources Code;

q.

Delineation of all special flood hazard areas as identified on the effective Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map and delineation of any flood hazard flowage easements;

r.

If proposed new impervious surface area is ten thousand (10,000) square feet or greater, the location of proposed impervious surfaces, storm drain system elements, general drainage pattern, the location of proposed post-construction stormwater quality controls, boundaries of areas draining to each post-construction stormwater control, and description of post-construction stormwater quality controls;

s.

The location of each test boring upon which a preliminary soils report, including infiltration testing, described in Section 8205-4(m) of this Chapter is based;

t.

The approximate location of all easements to be abandoned pursuant to Government Code sections 66434(g) or 66445(j);

u.

The horsepower rating of any diesel-fueled engine(s) powering an emergency generator either proposed or existing. Rating may be displayed on the map only;

v.

The heat rating of any boiler or process heaters in MMBTU/hour (one million British Thermal Units per hour) either proposed or existing. Rating may be displayed on the map only;

w.

Any other information required by the applicable Planning Division application; and

x.

Any other information required by the Planning Division or the County Surveyor in order to process the map.

(Ord. No. 4566, § 1, 6-16-2020)

8205-4 - Documents to be submitted with tentative maps.

Each tentative map submitted to the Planning Division for processing shall be accompanied by documents containing all of the following items, except items waived by the Planning Director:

a.

A completed application form accompanied by a statement, signed by all parties listed as owners of the property on a current title report, consenting to the submittal of the tentative map and, if agents are used, a signed statement from the property owners authorizing the agents to act on the owners' behalf;

b.

Any required application fees and deposits as specified in the Board-adopted Fee Schedule;

c.

A completed and signed fee reimbursement agreement;

d.

The names and addresses of all operators of proposed subdivision utility systems, and all proposed water and sewer purveyors;

e.

A description of any oil and gas leases and associated pipeline facilities and equipment that exist on the property. The description shall identify the existing oil and gas development permits and leases on the property and provide the names and addresses of all lease owners, all on-site oil and gas well permittees, and all on-site oil and gas pipeline operators;

f.

A slope/density analysis if required because of the location or topography of the property;

g.

A description of the proposed method of stormwater disposal, prepared by a civil engineer registered by the State of California, including the following:

A hydrologic and hydraulic study indicating the following conditions before and after proposed development of the subdivision: drainage areas, major watercourses, quantity and pattern of stormwater, diversion, treatment and collection systems; and

A demonstration that drainage requirements set forth in the applicable Ventura County Improvement Standards and Specifications will be satisfied; and

If the tentative map depicts a buildable site within a FEMA Special Flood Hazard Area, a demonstration that each building pad can be protected from a 100-year flood;

h.

A description of the proposed method of post-construction stormwater management compliance in accordance with Division 6, Chapter 9 of the Ventura County Ordinance Code (entitled "Stormwater Quality Management"), prepared by a licensed professional, including the following:

A Post-Construction Stormwater Management Plan (PCSMP);

A site plan delineating the location of the proposed development, proposed impervious surfaces, storm drain system elements, general drainage pattern, proposed locations and description of post-construction stormwater quality controls, and boundaries of areas draining to each post-construction stormwater control;

A drainage study or hydrology report, including applicable calculations of stormwater quality design flow and volume pursuant to the Ventura County Technical Guidance Manual for Stormwater Quality Control Measures; and

A preliminary soils report with site-specific soil infiltration data.

i.

A description of the proposed method and plan of sewage disposal for each proposed lot together shall be submitted with the following:

When the proposed method of sewage disposal is by a sewer system, a letter ("sewer availability letter") from a proposed public sewer agency stating that the sewer capacity is currently available, or is expected to be available within the next three (3) years from the date of the application submittal, sufficient to provide connections to each proposed lot; or

When the proposed method of sewage disposal is by private sewage disposal systems, a soil evaluation report and, if the subdivision is in an area where there are potential geological hazards, a geological report, acceptable to the Environmental Health Division, indicating that the private sewage disposal system for each proposed lot will function properly.

j.

A description of the proposed method and plan for providing a permanent domestic water supply and an adequate supply of water for fire suppression services to each proposed lot together with the following shall be submitted:

When the proposed water supply is to be provided by a public water system, as defined in Section 116275(h) of the Health and Safety Code, a letter ("water availability letter") from the owner or operator of the proposed water system stating that water is currently available, or is expected to be available within the next three (3) years from the date of application submittal, sufficient to provide a long-term domestic water supply to each lot; or

When the proposed water supply is to be drawn exclusively from wells in areas where groundwater supplies have been determined by the Public Works Agency to be questionable or inadequate, regardless of whether the proposed water supply is to be provided by a public water system or private well, a report that demonstrates the availability of a long-term domestic water supply to each lot shall be submitted. The report must be prepared in accordance with procedures established by the Public Works Agency.

k.

A current preliminary title report showing record title interests in the property, including all legal access easements for proposed off- site access roads or driveways and all other existing easements;

l.

A certification by a licensed surveyor, supported by the preliminary title report, that the design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision. If conflicts are identified, the licensed surveyor shall propose alternate easements, for access or for use, that are substantially equivalent to the ones that were in conflict;

m.

A preliminary soils report, prepared by a civil engineer registered by the State of California, and based upon adequate test borings, including the following information:

A description of the nature of the subsurface soils and of any soils conditions which would affect the proposed development and use of the subdivision;

If on-site sewage disposal is proposed, percolation test results and a hydrological evaluation;

The location and logs of all test borings;

The location of a buildable site for each proposed lot for which a buildable site is required under Section 8205-5.1.5 of this Chapter; and

A description of general recommendations for addressing all known problems related to soils conditions and a statement as to the technical and economic feasibility of those recommendations.

The preliminary soils report may be waived if the Public Works Agency and the Environmental Health Division find, on the basis of substantial evidence of the soils in the subdivision area or the nature of the proposed development, that the report is unnecessary;

n.

If the Public Works Agency or the Environmental Health Division has evidence of, or if the preliminary soils report indicates the presence of, critically expansive soils or other soils problems which, if not corrected, would lead to structural defects or hazardous conditions, a soils investigation report for each proposed lot where such problems exist, prepared by a civil engineer registered with the State of California, including the following information:

Recommended corrective action which is technically and economically feasible and is likely to prevent structural damage and eliminate any hazards to each proposed structure for the lot; and

The location on the lot of a buildable site if one is required under Section 8205-5.1.5 of this Chapter;

o.

If the subdivision includes a hillside area or any other geologically hazardous area, an engineering geology evaluation report, prepared in accordance with any applicable notes and recommended guidelines promulgated by the California Geological Survey, and prepared by an engineering geologist licensed in the State of California, including the following information:

A definition of geologic conditions within the subdivision;

A discussion of specific areas where development may create hazardous conditions;

A description of general solutions for all geologically hazardous conditions known to exist or which might be created by development and a statement as to the technical and economic feasibility of those solutions;

The location and logs of all test borings;

The location of a buildable site for each proposed lot if one is required under Section 8205-5.1 of this Chapter; and

An evaluation of the effect of the geology on the proposed development and on adjacent properties.

The engineering geology evaluation report may be waived if the Public Works Agency finds, on the basis of evidence of the geologic characteristics of the subdivision, that the report is unnecessary.

p.

An initial study biological assessment of the protected flora, fauna, and other natural resources found on the property. The initial study biological assessment report may be waived if the Planning Director finds that the report is unnecessary;

q.

A survey of the archaeological and paleontological and historical and cultural resources found on the property. This survey may be waived if the Planning Director finds that the survey is unnecessary;

r.

Cross-sections of all proposed improvements for roads or streets, utility lines, storm drains, and the like at appropriate intervals;

s.

A preliminary grading plan showing all cut and fill slopes over five (5) feet in vertical height, both on and outside of the parent parcel, and showing contour lines as prescribed by Section 8205-3(e) of this Chapter;

t.

If the proposed subdivision involves the conversion of a mobilehome park to another use, a housing and financial impact report (pursuant to the mobilehome park closure requirements listed in Section 8117-6(d) of the NCZO) on the impact of the conversion on displaced residents of the mobilehome park meeting the requirements of Government Code section 66427.4;

u.

If the proposed subdivision involves existing or proposed uses or buildings, a report showing all the existing and proposed uses and the date the existing uses or buildings were permitted;

v.

The flood elevation data used to delineate on the tentative map any flood hazard area based on 100-year storm frequency. Elevations must be in North American Vertical Datum of 1988 or latest vertical datum adopted by the California Spatial Reference Center;

w.

Any other relevant documents or information requested by the Planning Division subdivision application or by the Planning Director to process the tentative map.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5 - General design requirements.

a.

The provisions of this Section 8205-5 apply only to subdivisions for which a final map or parcel map is required. All tentative maps must be consistent with the General Plan and satisfy all applicable planning, zoning, design, and improvement requirements specified or incorporated in the NCZO, CZO and this Chapter. These design requirements are intended to enable optimal usability of each lot, preserve on- and off-site resources, minimize the potential for adverse impacts on adjacent property, minimize the need for additional infrastructure, and maintain consistency with appropriate General Plan policies and Zoning Ordinances.

b.

The advisory agency may waive or modify in whole or part the provisions of Section 8205-5.1 (Lot design) as applied to a subdivision being developed pursuant to a planned development permit in accordance with the zoning ordinances, or a conservation subdivision approved in accordance with Article 11 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1 - Lot design. 8205-5.1.1 - Lot area.

Unless otherwise excepted, all proposed lots shall conform to the minimum lot area requirements of the General Plan (Land use policies—Minimum parcel size), and zone designation in which the property is located. In determining whether a proposed lot having a gross area of less than ten (10) acres conforms to such minimum area requirements, only the net area of the lot shall be considered unless the General Plan or zoning ordinances provide otherwise.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1.2 - Lot lines.

Each sideline of a proposed lot shall be as close to perpendicular to the centerline of the street as is practicable at the point at which the lot sideline terminates.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1.3 - Lot width.

All proposed lots shall conform to the minimum lot width requirements of the zone in which the property is located. No lot, other than a flag lot, shall have less than forty (40) feet of frontage, unless the minimum lot width of the zone is less than forty (40) feet. No flag lot shall have an access strip less than twenty (20) feet.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1.4 - Lot depth.

For all proposed lots, the average lot depth shall not be greater than three (3) times the average lot width unless the Planning Director, upon information presented by the applicant, determines that a greater depth is justified. The applicant shall use the following criteria to justify the modification of this requirement:

a.

Potential Amount of Grading — The amount and impact of on-site grading may be less with the provision of a greater lot depth.

b.

Usable Lot Area — The steepness of the topography of proposed lots, the configuration of the parent parcel, and the location of on- site natural features, such as barrancas, may necessitate a greater depth to provide usable lot areas.

c.

Flood Hazards — On-site and off-site flood hazards, such as streams, tributaries, and inundation areas subject to 100-year flood, may create a need for a greater depth to provide usable lot areas and buildable sites.

d.

Sun and Wind Orientation — A greater lot depth may be necessary to provide for passive and active solar heating and natural cooling opportunities.

e.

Other criteria relevant to unique or uncommon physical features of the property may necessitate a greater depth to provide usable lot areas and buildable sites or to mitigate adverse environmental effects.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1.5 - Buildable site.

Each proposed lot shall have at least one (1) buildable site, except:

a.

Those parcels dedicated or offered for dedication to the County or some other public entity or reserved by recorded restrictions for flood control purposes, natural resource preservation (e.g., conservation parcels), common open space, or other similar purposes; and

b.

Those lots created for such purposes as landfills, mining operations, or other similar, long-term uses which do not normally require a permanent, on-site principal structure and which lots are or will be subject to a discretionary permit issued by the County regulating their proposed use.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1.6 - Setbacks.

Each buildable site required by Section 8205-5.1.5 on a proposed lot shall be illustrated on the tentative map demonstrating that future and existing buildings can comply with the development standards of the zone designation pursuant to the applicable zoning ordinance and in accordance with Section J109, Ventura County Building Code, Appendix J. Whenever a subdivision results in a lot for which the only means of access is by way of an easement, that easement shall be considered a public road or street for purposes of determining setbacks for all lots over which the easement passes.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1.7 - Access.

There shall be approved access to the subdivision and all lots within the subdivision shall have ingress and egress that meets the regulations regarding road standards for vehicles and fire equipment access pursuant to Section 4290 of the Public Resources Code, the Ventura County Fire Code, and the Ventura County Road Standards. Street layout shall be designed to provide for future access to, and not impose undue hardship upon, property adjoining the subdivision.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1.8 - Agricultural viability.

Each proposed lot which is subject, in whole or in part, to a contract entered into pursuant to the California Land Conservation Act of 1965 (Chapter 7, commencing with Section 51200, of Division 1 of Title 5 of the Government Code) shall be capable of sustaining, independently of any other lot, a viable commercial agricultural use.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.1.9 - Cultural heritage site.

The design of a subdivision shall not adversely affect the historical, architectural, or aesthetic interest or value of a potential or designated cultural heritage site as defined in the Ventura County Cultural Heritage Ordinance. When required by the Cultural Heritage Ordinance, the design must be reviewed by the Cultural Heritage Board and be granted a certificate of appropriateness or certificate of review.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.2 - Map design requirements. 8205-5.2.1 - Street rights-of-way.

The street layout of a proposed subdivision shall be consistent with all street right-of-way designations and general alignment shown on the circulation element of the General Plan. All streets that are to be offered for dedication and used for vehicular traffic shall be designed to conform to the Ventura County Road Standards and the Ventura County Fire Protection District Fire Apparatus Access Code, subject to any deviations authorized by those standards or guidelines and duly approved by the Public Works Director and Fire Chief. All street design elements not dictated by those standards or guidelines shall conform to good engineering practices and be approved by the Public Works Director and the Fire Chief.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.2.2 - Utility easements.

Whenever overhead utilities are allowed in a proposed subdivision by this Chapter, utility easements of sufficient width shall be located along the rear or side lot lines. Whenever possible, such easements shall extend an equal distance into each of two (2) abutting lots. This requirement may be modified or recommended for modification by the advisory agency if warranted by unusual circumstances in a particular proposed subdivision. To the extent practicable, underground utility easements, whenever necessary, shall be abutting and parallel to lot lines.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.2.3 - Drainage facilities and rights-of-way.

The design of a subdivision drainage system shall conform to the Ventura County Flood Plain Management Ordinance, the Ventura County Building Code, Appendix J Grading, and Division 6, Chapter 9 of the Ventura County Ordinance No. 4450, as may be amended, relating to stormwater quality management for unincorporated areas, and shall provide for the proper drainage of the subdivision and all lots and improvements therein based on the runoff that can be anticipated from ultimate development of the watershed in accordance with the General Plan. The subdivision shall contain no undrained depressions. The subdivision and all lots and improvements therein shall be protected from off-site drainage or flood damage. All public facilities such as sewer, gas, electrical, and water systems shall be located and constructed to minimize flood intrusion. Any concentrations or increases of surface water resulting from the development of the subdivision must be conveyed by means of adequate facilities to a suitable natural watercourse in the area. If any channels included in the Ventura County Watershed Protection District Comprehensive Plan for Flood Control lie within the parent parcel, the design shall depict all those channels and all rights-of-way reasonably necessary for their improvements and maintenance. Such rights-of-way shall include, in addition to the channels themselves, an access route complying with the

Ventura County Watershed Protection District Design Manual alongside the entire length of open channels and directly over the entire length of underground channels.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.2.4 - State highways.

If an existing or proposed state highway abuts or crosses a proposed subdivision, the subdivider shall secure all pertinent road data and specifications and shall make the design of the proposed subdivision compatible with such state highway.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.2.5 - Public water agency.

Whenever a proposed subdivision is located within the boundaries of a public water agency willing and able to provide water service to the lots, the public water agency shall be chosen as the water purveyor for the proposed subdivision. At the time of tentative map approval, the advisory agency may waive the requirements of this Section for good cause shown.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.2.6 - Public sewer agency.

Whenever a proposed subdivision is located within the boundaries of a public sewer agency willing and able to provide sewer services to the lots, the public sewer agency shall be chosen to provide sewer service to the proposed subdivision. In all cases where sewage disposal is not to be by means of a sewer operated by a public sewer agency, it shall be by means of an on-site wastewater treatment system (OWTS) located entirely on the lot generating the sewage. At the time of tentative map approval, the advisory agency may waive the requirements of the first sentence of this Section for good cause shown.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.2.7 - Street lighting.

Prior to recordation of the final map or parcel map, the subdivider shall cause the area within the subdivision to be included in a County service area or other special district providing street lighting. At the time of tentative map approval, the advisory agency may waive this requirement if it finds that inclusion within such a service area or other special district is unnecessary because of the size or location of the proposed lots.

(Ord. No. 4566, § 1, 6-16-2020)

8205-5.2.8 - Supplemental facilities.

The County may require that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number, or length for the benefit of property not within the subdivision, and that those improvements be dedicated to the public. Supplemental length may include minimum sized off-site sewer lines necessary to reach a sewer outlet in existence at that time. Any such requirement shall be subject to the condition precedent that the County or some other appropriate entity offer to enter into a reimbursement agreement with the subdivider pursuant to Article 6 (commencing with Section 66485) of Chapter 4 of the Government Code.

(Ord. No. 4566, § 1, 6-16-2020)

8205-6 - Filing, processing, and approval. 8205-6.1 - Application of provisions.

a.

The procedures set forth in this Section shall govern the filing, processing and approval, conditional approval, or denial of tentative maps.

b.

A vesting tentative map shall be filed and processed in the same manner as a tentative map for that type of subdivision unless expressly provided otherwise in this Chapter. Also see Section 8205-6.8 of this Chapter.

(Ord. No. 4566, § 1, 6-16-2020)

8205-6.2 - Designated advisory agencies.

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 - Tentative tract maps. 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)

8205-6.2.1.2 - Board of Supervisors.

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)

8205-6.2.2 - Tentative parcel maps.

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)

8205-6.4 - Failure to complete application.

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)

8205-6.5 - Compliance and effective date of standards.

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:

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

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:

Be of sufficient size to sustain their commercial agricultural use;

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

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)

8205-6.6.1 - Denial of tentative map based upon violation of water quality standards.

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)

8205-6.7.2 - Extensions.

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 - Vesting tentative maps. 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:

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

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.

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.

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:

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

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)

8205-6.8.3 - Expiration of vested rights.

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)

8205-7.2 - Application.

Applications for tentative map and vesting tentative map corrections and amendments shall be filed with the Planning Division. No application shall be accepted for filing and processing 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.

(Ord. No. 4566, § 1, 6-16-2020)

8205-7.3 - Procedures and standards for approval.

a.

The approval of the advisory agency of a tentative map or vesting tentative map correction or amendment shall not affect or result in any extension of time period within which the subdivider must secure approval of the final map or parcel map.

b.

The correction or amendment procedures set forth in this Section cannot be utilized for the purpose of securing a vested right, pursuant to Government Code section 66498.2, to proceed with development in accordance with changed ordinances, policies, or standards.

c.

The advisory agency may approve revisions to the conditions of approval and the phasing of a map provided that all the findings in Section 8205-7.6 are made.

d.

A correction or amendment application shall be processed administratively by the advisory agency or designee and shall not require a noticed public hearing; however, the advisory agency may, in his or her sole discretion, allow written public testimony to be given on the proposed correction or amendment.

(Ord. No. 4566, § 1, 6-16-2020)

8205-7.4 - Vesting tentative map corrections and amendments.

If a subdivider seeks to amend a vesting tentative map, such amendment may be granted provided that all the findings for approval in Section 8205-5.6 of this Chapter are made. If the advisory agency approves the requested amendment or any portion thereof, the advisory agency may impose additional conditions on such maps. Any such amendments shall not extend the life of the vesting tentative map, parcel map, or final map or any rights created thereby. Such amendments may include, but are not limited to, requests by a subdivider to secure a vested right to proceed with development in accordance with specified ordinances, policies, or standards which have been amended and thus, without the requested modification, would not be available to the subdivider. The application for such amendment shall clearly specify the changed ordinances, policies, or standards for which the amendment is sought.

(Ord. No. 4566, § 1, 6-16-2020)

8205-7.5 - Designated advisory agency.

The Planning Director is the designated advisory agency for corrections or amendments to tentative maps and vesting tentative maps under this Section.

(Ord. No. 4566, § 1, 6-16-2020)

8205-7.6 - Findings for approval.

A correction or amendment to a map may be approved by the advisory agency if all of the following findings are met:

a.

The correction or amendment would not reasonably be expected to change any of the findings made by the advisory agency or appeal board when the map was approved;

b.

The correction or amendment would not change the findings contained in the environmental document prepared for the map;

c.

The correction or amendment would not affect the quantity or quality of the required dedications;

d.

The correction or amendment would not increase the total number of proposed lots; and

e.

The correction or amendment would not significantly alter the configuration of the proposed lots.

(Ord. No. 4566, § 1, 6-16-2020)