Ventura County Municipal Code Art. 1 Authority, Purpose, and Application of Chapter

This Chapter is adopted pursuant to the authority vested in the County of Ventura by Section 7, Article 11 of the California Constitution and by the Subdivision Map Act. This Chapter may be cited as the "Ventura County Subdivision Ordinance."

(Ord. No. 4566, § 1, 6-16-2020)

a. The purpose of this Chapter is to regulate and control the division of land including the design and improvement of subdivisions pursuant to the Subdivision Map Act. It is further the purpose of this Chapter to implement, and ensure consistency with, the General Plan, the zoning ordinances, and other applicable County ordinances and regulations, including those addressing zoning, grading and other development. Compliance with this Chapter does not constitute compliance with, or obviate the necessity for, compliance with any other applicable law.

b. In adopting this Chapter, the County has refrained from imposing criteria for design or improvements for the purpose of rendering infeasible the development of housing. The effect of this Chapter on the regional housing needs within the County has been considered. (See Gov. Code, §§ 65913.2 and 66412.3.)

(Ord. No. 4566, § 1, 6-16-2020)

a. Except as otherwise provided in Section 8201-4 below, this Chapter shall apply to all divisions, reversions to acreage, lot line adjustments, certificates of compliance and voluntary mergers respecting real property located wholly or partially within the unincorporated areas of the County.

b. This Chapter governs the filing, processing, approval, conditional approval, or disapproval of tentative, final, and parcel maps, parcel map waivers, and any corrections and amendments thereto.

c. Unless expressly provided otherwise in this Chapter or the Subdivision Map Act, all subdivisions shall be subject to the same substantive and procedural requirements.

(Ord. No. 4566, § 1, 6-16-2020)

Discretionary actions taken by the County pursuant to this Chapter are subject to compliance with CEQA and other applicable environmental laws and shall not be approved until the required environmental review has occurred. The subdivider shall provide such data and information as may be required for the County to conduct such environmental review.

(Ord. No. 4566, § 1, 6-16-2020)

This Chapter shall not apply to the following or to any other action to the extent excluded from the Subdivision Map Act as stated therein:

a. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobilehome parks or trailer parks (see Gov. Code, § 66412(a));

b. Mineral, oil, or gas leases (see Gov. Code, § 66412(b));

c. Land dedicated for cemetery purposes under the Health and Safety Code (see Gov. Code, § 66412(c));

d. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party (see Gov. Code, § 66412(e));

e. Any separate assessment under section 2188.7 of the Revenue and Taxation Code (see Gov. Code, § 66412(f));

f. The conversion of a community apartment project, as defined in Section 4105 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all requirements set forth in Government Code section 66412(g) are met (see Gov. Code, § 66412(g));

g. The conversion of a stock cooperative, as defined in Section 4190 or 6566 of the Civil Code, to a condominium, as defined in Section 783 of the Civil Code, but only if all of the requirements set forth in Government Code section 66412(h) are met (see Gov. Code, § 66412(h));

h. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical device on the land, if the project is subject to discretionary action by the advisory agency or legislative body (see Gov. Code, § 66412(i));

i. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body (see Gov. Code, § 66412(j));

j. Leases of agricultural land for agricultural purposes. As used in the Subdivision Map Act and this Chapter, "agricultural purposes" means the cultivation of food or fiber, or the grazing or pasturing of livestock (see Gov. Code, § 66412(k));

k. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency ordinances regulating design and improvement or, if the project is subject to other discretionary action by the advisory agency or legislative body (see Gov. Code, § 66412(l));

l. The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the advisory agency or legislative body (see Gov. Code, § 66412(m));

m. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under another County ordinance regulating design and improvement (see Gov. Code, § 66412.1(a));

n. The financing or leasing of existing separate commercial or industrial buildings on a single parcel (see Gov. Code, § 66412.1(b));

o. The construction, financing, or leasing of dwelling units pursuant to Section 65852.1 of the Government Code, or accessory units pursuant to Section 65852.2 of the Government Code but this Chapter shall be applicable to the sale or transfer, but not leasing, of those units (see Gov. Code, § 66412.2);

p. Subdivisions of a portion of the operating right-of-way of a railroad corporation as defined by Section 230 of the Public Utilities Code, that are created by short-term leases (terminable by either party on not more than thirty (30) days' notice in writing) (see Gov. Code, § 66428(a)(1));

q. Land conveyed to or from a governmental agency, public entity, public utility, or for land conveyed to a subsidiary of a public utility for conveyance to that public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, that public policy necessitates a parcel map. For purposes of this subdivision, land conveyed to or from a governmental agency shall include a fee interest, a leasehold interest, an easement, or a license. (See Gov. Code, § 66428(a)(2).)

(Ord. No. 4566, § 1, 6-16-2020)