Ventura Municipal Code Art. 3 Parcel Maps

Any division of land where the division is not a subdivision requiring a tentative and final map by reason of Section 66426 of the Subdivision Map Act, shall be accomplished in accordance with the regulations of this article and the applicable provisions of the Subdivision Map Act.

A. Opening or Widening Street. This article shall not apply to divisions of land made solely for the purpose of opening or widening a public street, alley, or pedestrian way or as a result of the acquisition of lands by governmental agencies for freeways, parks, public buildings, flood control channels or other public purposes.

B. Utility Transmission Lines. The exception shall also apply to property conveyed to a public utility corporation, or its wholly owned subsidiary, for public utility transmission line purposes; provided, that the advisory agency shall find that the proposed division of land complies with requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this code and Subdivision Map Act which are applicable to division of land pursuant to subdivision (b) or subdivision (c)(4) thereof.

C. Merged Parcels. Any parcels or units of land within the city of San Buenaventura on the date this section becomes effective that merged or may be deemed to have merged by virtue of Government Code Section 66424.2 as it was in effect prior to the effective date of the 1977 amendments thereto (Chapter 234, 1977 Statutes) are hereby deemed, and shall be deemed to be, unmerged and separate parcels. (Code 1971, § 8271; Ord. No. 2008-005, § 8, 3-17-08; Ord. No. 2021-017, § 84, 12-13-21)

A. Opening or Widening Street. This article shall not apply to divisions of land made solely for the purpose of opening or widening a public street, alley, or pedestrian way or as a result of the acquisition of lands by governmental agencies for freeways, parks, public buildings, flood control channels or other public purposes.

B. Utility Transmission Lines. The exception shall also apply to property conveyed to a public utility corporation, or its wholly owned subsidiary, for public utility transmission line purposes; provided, that the advisory agency shall find that the proposed division of land complies with requirements as to area, improvement and design, flood and water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of this code and Subdivision Map Act which are applicable to division of land pursuant to subdivision (b) or subdivision (c)(4) thereof.

C. Merged Parcels. Any parcels or units of land within the city of San Buenaventura on the date this section becomes effective that merged or may be deemed to have merged by virtue of Government Code Section 66424.2 as it was in effect prior to the effective date of the 1977 amendments thereto (Chapter 234, 1977 Statutes) are hereby deemed, and shall be deemed to be, unmerged and separate parcels. (Code 1971, § 8272)

A. Generally. Any person making application to divide property, other than by subdivision, shall submit a reproducible tentative parcel map to the director of community development showing the land to be divided and its proposed division. The tentative parcel map shall be prepared by a civil engineer or a licensed land surveyor. The sheet size of the tentative parcel map shall not exceed 24 by 36 inches. Sheet size of 18 by 26 inches is preferred.

B. Content. The tentative parcel map shall be legibly drawn to a scale and shall contain the following information:

1. The boundary lines of the original parcel or parcels, with dimensions based on survey data or information of record.

2. The proposed division lines with dimensions, and the approximate area of each lot proposed to be created by such division. Also, each parcel to be created shall be designated on the tentative parcel map by number or letter.

3. A depiction of all existing structures indicating their location on the original parcel, together with their dimensions, the distance between structures and the number of stories or the height of each structure.

4. The distance from each structure to the boundary lines of the new parcel on which the structure is located.

5. The names and widths of abutting streets.

6. All topographic features and existing improvements including, without limitation, utility lines, irrigation lines, and wells.

7. The location, width and nature of all existing and proposed easements, streets and appurtenant utilities.

8. A description of the property sufficient to identify it on the assessor’s map.

9. North point and scale.

C. Filing. Upon receipt and acceptance of a properly prepared map, the director of community development shall forward copies to all other departments, public agencies and public utility companies which have an interest in the proposed parcel map, with a request for a written report, or comments or recommendations, thereon to be returned to the director.

D. Approval. When the director of community development determines that the tentative parcel map appears to comply with all the provisions of this subdivision ordinance and the Subdivision Map Act, the director may, following a noticed public hearing, approve or conditionally approve the map. However, if the director determines that the tentative parcel map does not comply with all the provisions of this subdivision ordinance and the Subdivision Map Act, the director may disapprove the tentative parcel map.

If the tentative parcel map is a component of a development project that requires additional permits or approvals from the planning commission, the director shall refer the map, with a recommendation thereon, to the planning commission. If the tentative parcel map requires approvals from the city council, the planning commission will provide a recommendation to the city council for the tentative parcel map.

E. Conditions of Approval. When the decision-making authority determines, following a noticed public hearing, that the tentative parcel map appears to comply with all the provisions of this subdivision ordinance but that dedication for street opening or widening or easements is necessary or that the improvement of streets, alleys or easements is needed for local traffic, drainage or sanitary needs, such dedication shall be made and the improvements constructed, or guaranteed in the manner provided by Section 26.150.250 as a condition of approval of the tentative parcel map. Approval may, in addition, be conditioned upon such other appropriate conditions as may be deemed necessary or desirable.

F. Disapproval. In the event the tentative parcel map is disapproved, the disapproval shall be in writing setting forth the reasons for disapproval and shall be transmitted to the applicant.

G. Time Limits for Taking Action Upon the Tentative Parcel Map. The decision-making authority shall either approve, conditionally approve or disapprove the map within the timelines specified by Government Code Section 66463 or its successor regulation, or within such additional time as is mutually agreed upon by the applicant and the director of community development.

H. Appeals. The applicant or any other interested person claiming to be aggrieved by the action of the decision-making authority with respect to the tentative parcel map may appeal to the city council providing the appeal is commenced and the applicable fee paid to the city clerk in the manner provided by Chapter 24.565 within 10 days after such action by the decision-making authority. (Code 1971, § 8273; Ord. No. 2001-11, § 8, 6-18-01; Ord. No. 2008-005, § 9, 3-17-08; Ord. No. 2021-017, § 84, 12-13-21)

Within 36 months after the approval or conditional approval of the tentative parcel map, filed pursuant to the requirements of this subdivision ordinance, a final parcel map showing each new parcel shall be prepared and filed with the city engineer. The failure of a person dividing land to file such a map with the city engineer within said 36-month period shall automatically terminate and void the proceedings unless such time is extended by the director of community development. The time limit for filing and recording a parcel map may be extended for a maximum additional period of a total of five years in accordance with Government Code Section 66463.5 and this section.

An application for an extension of the 36-month time limit may be filed by the subdivider with the director prior to the expiration of an approved or conditionally approved tentative map, in which case, the map shall automatically be extended for 60 days or until the application for the extension is approved or denied, whichever occurs first. An individual or cumulative extension of 24 months or less may be administratively approved or denied by the director.

Extensions for more than 24 months up to the maximum five years shall require a public hearing. An appeal to the city council from a denial of a time extension by the director may be made by filing a notice of appeal and paying the required fee as provided in this code within 15 days after the director has denied the extension requested. (Code 1971, § 8274; Ord. No. 2001-11, § 9, 6-18-01; Ord. No. 2008-010, § 4, 7-28-08; Ord. No. 2021-017, § 84, 12-13-21)

A final parcel map shall be prepared and filed with the city engineer in compliance with the provisions of this article. Said map shall conform substantially to the approved tentative parcel map. All conditions of approval shall be completed prior to filing the final parcel map.

No building permit shall be issued until all required dedications and improvements have been accepted or guaranteed to the satisfaction of the city engineer. All improvements required by this article shall be done in accordance with Chapter 26.150. Where clear from the context, references to “subdivider” shall be deemed to refer to the applicant for a parcel map. (Code 1971, § 8275; Ord. No. 2021-017, § 84, 12-13-21)

The following information shall be submitted with the final parcel map: names, addresses and telephone numbers of the record owners and person preparing the final parcel map. The general form and layout of the map, including size and type of lettering, drafting and location of acknowledgments, etc., shall be as determined by the city engineer. The parcel map number is assigned by the department of community development. The map shall be prepared on high quality mylar or other material approved by the city engineer.

Each sheet of said parcel map shall be 18 by 26 inches. A marginal line shall be drawn around each sheet, leaving a blank margin of one inch. The scale of the map shall be such as to show all details clearly. Each sheet shall be numbered, and its relation to other sheets clearly shown. The parcel map number, scale and northpoint shall be shown on each sheet. If more than three sheets are necessary to show the entire division of land, an index map shall be included on one of the sheets. The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and otherwise clearly designated.

The final parcel map shall be prepared by a registered civil engineer or licensed land surveyor. It shall contain all of the certifications required by the Subdivision Map Act including those required for final map under that Act. If dedications or offers of dedication were required as conditions of approval of the tentative parcel map, they may be made either by a statement on the final parcel map or by separate instrument. (Code 1971, § 8276; Ord. No. 2001-11, § 10, 6-18-01; Ord. No. 2021-017, § 84, 12-13-21)

All final parcel maps shall be based upon a field survey made in conformance with the Land Surveyor’s Act, except where the division of land creates four or less parcels. In the later event, the final parcel map may be compiled from record data available when the city engineer determines that sufficient survey information exists on filed maps and if the location of any boundary of the final parcel map, either by monuments or possessory lines, is certain. (Code 1971, § 8277; Ord. No. 2021-017, § 84, 12-13-21)

When the city engineer determines that a proposed final parcel map, and all improvement plans and all other materials and documentation required for review of the map, have been properly prepared and timely filed, the city engineer shall review the map in accordance with this section. Within 20 days after receiving a properly and timely filed final parcel map, the city engineer shall examine it for the information shown thereon and submitted therewith, and if the city engineer is satisfied that it complies with the requirements of this subdivision ordinance and the Subdivision Map Act, and that it substantially complies with the tentative parcel map and all conditions of approval thereon, the city engineer shall certify the map in accordance with the provisions of the Subdivision Map Act.

If the final parcel map appears to meet all applicable requirements, the city engineer shall have the map recorded in the office of the county recorder at the applicant’s expense. The city engineer, in the course of approving a final parcel map may accept, accept subject to improvement, or reject offers of dedication made on or with the map.

If the city engineer determines the map does not comply with the requirements of this subdivision ordinance and the Subdivision Map Act, or that it does not substantially comply with the tentative parcel map and all conditions of approval thereon, the city engineer may disapprove the map; provided, that the disapproval shall be in writing setting forth the reasons for disapproval and shall be transmitted to the applicant. (Code 1971, § 8278; Ord. No. 2001-11, § 11, 6-18-01; Ord. No. 2021-017, § 84, 12-13-21)

As between the city and the applicant for a parcel map, the applicant shall at all times assume and bear all responsibility for the land division, for all land division work, for compliance with the Subdivision Map Act and this chapter, and for any and all errors or omissions, and shall agree to indemnify and hold the city harmless, including assuming the defense of any litigation and all costs attendant thereto, with respect to any injuries or damages that may result due to any act or omission, or failure to comply, by the applicant or anyone acting on the applicant’s behalf. No act by the city, or its representatives, in processing or accepting any plan or map, in releasing a bond, in inspecting or accepting improvements, or of any other nature, shall in any respect relieve the applicant, or anyone else, from any legal responsibility, obligation or liability the applicant might otherwise have. (Code 1971, § 8279; Ord. No. 2021-017, § 84, 12-13-21)

Engineering, checking and inspection fees shall be deposited with the city through the city engineer’s office in accordance with the following:

Before accepting the final parcel map for examination, the city engineer’s office shall charge and collect a fee for map and improvement plan checking in an amount to be established from time to time by resolution of the city council.

Prior to the city engineer approving the final parcel map, the city engineer’s office shall charge and collect a fee for inspection in an amount to be established from time to time by resolution of the city council.

In the event that an extension of time is necessary to complete the construction of the required improvements and the time extension is requested on the part of the outside party and not the city, a flat fee to be established from time to time by resolution of the city council shall be charged for the extension of such time.

In the event a plan revision is required in the approved improvement plans, a flat fee to be established from time to time by resolution of the city council shall be made by the city.

Fees required by other agencies for services to be provided by those agencies shall be collectible by the city at the time of acceptance of the final map for examination. The fee deposits shall be in the form of a check made out to the agency, exclusive of city fees. (Code 1971, § 8280; Ord. No. 2021-017, § 84, 12-13-21)

A. Definition. For purposes of this section, a “lot line adjustment” shall mean a lot line adjustment between four or fewer adjacent parcels, where the land taken from one parcel is added to an adjacent parcel and where a greater number of parcels than originally existed is not thereby created, as set forth in Government Code Section 66412(d).

B. Application Requirements. Any person seeking approval of a lot line adjustment shall submit an application therefor to the director of community development showing the parcels to be reconfigured and the proposed adjusted lot lines and shall further submit any additional supportive exhibits and materials that may be prescribed by the director. The director, or the director’s designee, shall limit their review of the lot line adjustment application to a determination of whether or not the parcels resulting from the lot line adjustment will conform to the city’s zoning and building ordinances. The director, or the director’s designee, may approve or deny the proposed lot line adjustment.

C. Other Requirements. No tentative map, parcel map, or final map shall be required as a condition to the approval of a lot line adjustment. Approved lot line adjustments shall be reflected in a deed, which shall be recorded. No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the California Business and Professions Code.

D. Appeals. The applicant or any other interested person claiming to be aggrieved by the action of the director of community development with respect to the lot line adjustment may appeal such action to the city council providing the appeal is commenced and the applicable fee paid to the city clerk in the manner provided by Chapter 24.565 within 10 days after such action by the director of community development. The appeal shall be heard as provided by Chapter 24.565 and notice of such hearing shall be given to the applicant and appellant. Upon conclusion of the hearing, the recommendations, conditions, findings, or decisions being appealed may be sustained, modified, rejected or overruled in the manner further provided by Chapter 24.565. (Code 1971, § 8281; Ord. No. 2001-11, § 12, 6-18-01; Ord. No. 2008-005, § 10, 3-17-08; Ord. No. 2021-017, § 84, 12-13-21)