HomeMy WebLinkAboutORD 006 SUB1983 0921/ 2
CHAPTER 2 - SUBDIVISIONS
ARTICLE 1 - GENERAL PROVISIONS
(Repealed and Reenacted by Ord. 3105 - 12/30/75)
Sec. 8200 - CITATION AND AUTHORITY - This Chapter is adopted
to implement and supplement the California Subdivision Map Act
and may be cited as the "Ventura County Subdivision Ordinance.
Sec. 8201 - APPLICABILITY - This Chapter shall apply to any
division of real property wholly or partially within the
unincorporated area of the County of Ventura, and shall govern
the filing, processing, approval, conditional approval or
disapproval of tentative, final and parcel maps and any
modifications thereof. Except as otherwise provided in this
Chapter and in the Subdivision Map Act, all subdivisions shall
be subject to the same substantive and procedural requirements.
Sec. 8202 - REPORTS ON GENERAL PLAN CONFOPUMANCE -
a. A report as to conformity to the County General Plan,
which is required pursuant to Government Code section
l 65402 as the result of a proposed division of land, may
be included as part of, and considered at the same time
as, the action taken by the Advisory Agency on such
division of land.
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b. No such report shall be required for a proposed subdivi-
sion which involves (1) the disposition of the remainder
of a larger parcel which was acquired and used in part
for street purposes; (2) acquisitions, dispositions or
abandonments for street widening; or (3) alignment
projects, provided that the Advisory Agency expressly
finds that any such dispositions for street purposes,
acquisitions, dispositions, or abandonments for street
Widening, or alignment projects are of a minor nature.
Sec. 8203 - PROHIBITIONS, PENALTIES AND REidEDIES - In addition
to the ?rohibitions, penalties and remedies set forth in this
Code, the provisions of sections 66499.30 through 66499.37,
inclusive, of the Subdivision Map Act regarding prohibitions,
penalties and remedies shall be applicable to any division of
real property wholly or partially within the unincor_orated area
of the County of Ventura.
576 OC -1
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Sec. 8204 - COMPLIANCE WITH SPECIAL STUDIES ZONE - The approval of
any application proposing an activity which is defined as a "project"
in the Alquist- Priolo Special Studies Zone Act (Public Resources
Code Sections 2621 et sue.) shall be in accordance with the require -
ments of said Act and-the policies and criteria established by the
State Mining and Geology Board pursuant to said Act.
(ADD. ORD. 3385 - 7/25/78)
376 -1 GC -1
ARTICLE 2 - DEFINITIONS
(Repealed and Reenacted by Ord. 3105 - 12/30/75)
Sec. 8205 - INCORPORATED AND SPECIFIC DEFINITIONS - Whenever
any words or phrases used in this Chpater are not defined
herein but are defined in the Subdivision Map Act or else-
where in Division 8 of this Code, such definitions shall be
deemed incorporated herein and shall apply as though set
forth in full in this Chapter. The following words and
phrases shall have the meanings respectively ascribed to-them:
Sec. 8205 -1 - ADVISORY AGENCY - "Advisory Agency" means a
designated official or an official body charged with the
duty of making investigations and reports on the design and
improvement of proposed divisions of real property, or
imposing or suggesting requirements or conditions thereon,
or having the authority to approve, conditionally approve
or disapprove maps, or having the authority to conduct the
hearings relating to notices of merger and notices of viola-
tion specified in sections 66424.2 and 66499.36 of the
Subdivision Map Act.
The Planning Commission shall constitute the "Advisory Agency"
for divisions of real property which require preparation
of a tentative map and a final map pursuant to this Chapter
and the Subdivision Map Act. In such capacity, the Planning
Commission shall make recommendations as to findings, require-
ments, conditions, approvals and disapprovals, but shall not
be empowered to approve, conditionally approve or disapprove
proposed subdivisions.
The Planning Division of the Resource Management Agency
shall constitute the "Advisory Agency" for divisions of
real property which require preparation of a tentative map
and a parcel map or a parcel map alone pursuant to this
Chapter and the Subdivision Map Act. In such capacity,
the Planning Division shall make all findings required by
this Chapter and the Subdivision Map Act and shall approve,
conditionally approve or disapprove proposed subdivisions.
The Planning Director or his deputy shall constitute the
"Advisory Agency" for the purpose of conducting hearings
relating to notices of merger as specified in section 66424.2
of the Subdivision Map Act.
A committee of three comprised of the County Surveyor, the
Planning Director, and the Resource Management Agency
Enforcement Officer, or their respective deputies, shall con-
stitute the "Advisory Agency" for the purpose of conducting
hearings relating to notices of violation as specified in
section 66499.36 of the Subdivision Map Act. All actions
of such committee shall be by majority vote of its members.
AM. ORD. 3490 - 7/1/80
577 OC -2
_ Sec. 8205 -2 - APPEAL BOARD - "Appeal Board" means a designated
board or other official body charged with the duty of hearing
and making determinations upon appeals with respect to
divisions of real property and findings related thereto, the
impositions of requirements or conditions thereon, or the kinds,
nature and extent of the design or improvements, or both, decided
by the Advisory Agency to be required.
The Planning Commission shall constitute the "Appeal Board" for
divisions of real property which do not require preparation
of a tentative map and a final map pursuant to this Chapter and
the Subdivision Map Act.
Sec. 8205 -3 - COUNTY SURVEYOR - "County Surveyor" means the
Director of the Ventura County Public Works Agency and his duly
authorized representatives.
Sec. 8205 -4 - GEOLOGICALLY HAZARDOUS AREA - A "geologically
hazardous-areaTT is one which may be a ected by one or more of
the geologic hazards discussed in the Seismic Safety Element
of the County General Plan.
Sec. 8205 -5 - HILLSIDE AREA - A "hillside area" is one where
any one of the following conditions exists or is proposed with-
- in the area of the proposed subidivision or the area of any off -
site work in connection with the proposed subdivision:
(a) Finish cut or fill slope faces with vertical heights
in excess of five feet;
(b) Existing slope faces steeper than ten feet horizontal
to each one foot vertical, or having a vertical height
in excess of ten feet.
578 OC -2
Sec. 8205 -6 - LOT - For the purposes of this Chapter, the word
"lot" shall have the same meaning as the word "parcel" and the
two words shall be synonymous.
Sec. 8205 -7 - LOT LINE ADJUSTMENT - "Lot line adjustment" means
any boundary line adjustment between two or more adjacent parcels
where land taken from one parcel is added to an adjacent parcel,
and where a greater number of parcels than originally existed is
not created. AM. ORD. 3457 - 9/11/79
Sec. 8205 -8 - NET AREA - "Net area" means total land area
exclusive of areas Thin any existing or proposed public or
private street, road, or easement for ingress or egress and
exclusive of the area within any existing or proposed easement
wherein the owner of the lot or parcel is prohibited from using
the surface of the ground. Included in the "net area" is the
area lying within public utility easements except as otherwise
provided in section 8241, sanitary sewer easements, landscaping
easements, public service and tree maintenance easements.
Sec. 8205 -9 - PARCEL - For the purposes of this Chapter, the
word "parcel" shall have the same meaning as the word "lot" and
the two words shall be synonymous.
Sec. 8205 -10 - PERMANENT DOMESTIC WATER SUPPLY - "Permanent
domestic water supply" means potable water in a quantity
sufficient to adequately and continuously supply the total
domestic requirements of all customers under maximum demand
conditions, to be provided by a system approved by a public
health agency of the State of California or the Environmental
Health Division of the Environmental Resource Agency. Potabil-
ity shall be determined in accordance with standards established
by the State of California and the Environmental Health Division
of the Environmental Resource Agency.
Sec. 8205 -11 - PLANNING DIRECTOR - "Planning Director" means the
Manager, Planning Division of the Resource Management Agency.
RE. REEN. ORD. 3491 - 7/8/80
Sec. 8205 -12 - Repealed ORD. 3491- 7/8/80
579 OC -3
Sec. 8205 -13 - SUBDIVISION MAP ACT - "Subdivision Map Act"
means the provisions of Cali ornia Government Code, Title 7,
Division 2, sections 66410 et sea. and such amendments and
additions thereto as may be made from time to time by the
California Legislature.
Sec. 8205 -14 - WATER WELL SIB
lot or parcel w is contains
created for the sole purpose
sale, possession of the well
well as may be necessary for
agricultural purposes only.
rE - "Water well site" means a
a water well and which is
of transferring, by lease or
and so much of the land around the
use of water from the well for
580
OC -2
ARTICLE 3 - MAP REQUIREMENTS
(Repealed and Reenacted by Ord. 3105 - 12/30/75)
Sec. 8210 - SUBDIVISIONS CREATING FIVE OR MORE LOTS OR PARCELS -
A tentative map and a final map shall a required for all
subdivisions creating five or more lots or parcels, five or
more condominiums as defined in Section 783 of the Civil Code,
or a community apartment project containing five or more
parcels, except where:
(a)
1. The land before division contains less than five
net acres, and
2. Each parcel created by the division abuts upon a
maintained public street or highway, and
3. No dedications or improvements are required; or
(b)
1. Each parcel created by the division has a gross
area of twenty acres or more, and
2. Each parcel created by the division has an
approved access to a maintained public street
or highway; or
(c)
1. The land comprises part of a tract of land zoned
for industrial or commercial development, and
2. Each parcel created by the division has approved
access to a public street or highway, and
3. The proposed division has the approval of the
Board of Supervisors as to street alignments and
widths; or
(d)
1. Each parcel created by the division has a gross
area of not less than forty acres or is not less
than a quarter of a quarter section.
A tentative map and a parcel map shall be required for those
subdivisions described in subsections (a), (b), (c) and W.
581 OC -2
Sec. 8211 - SUBDIVISIONS CREATING FOUR OR LESS LOTS OR PARCELS
A tentative map and a parcel map shall be required for all subdivi-
sions creating four or less lots or parcels, or four or less
condominiums as defined in section 783 of the Civil Code, and for
community apartment projects containing four or less parcels, and
for conversion of four or less existing dwelling units to a stock
cooperative, except when the subdivision:
(a) Consists of a Lot line adjustment; or
(b) Is created by testamentary disposition; or
(c) Contains only parcels which are not less than 40 acres
or which are not less than a quarter of a quarter
section; or
(d) Is made for the purpose of creating a water well site or
sites, each no more than 1200 square feet in area; or
(e) Merely recreates lots which had ceased to exist as
separate lots by reason of merger.
A parcel map shall be required for those subdivisions described in
subsection (b).
Except as otherwise provided in this section, a parcel map shall be
required for those subdivisions described in subsections (a), (c),
t (d) and (e) unless the particular proposed subdivision has been
presented to the Manager of the Planning Division of the Resource
Management Agency for waiver of map preparation requirements and such
Manager has issued written findings that the proposed subdivision
complies with all requirements as to area, improvement and design,
flood water drainage control, appropriate improved public roads,
sanitary disposal facilities, water supply availability, environ-
mental protection, and all other requirements of the Subdivision-Map
Act and this Code. With respect to subdivisons described in sub-
section (e), where one or more of the resulting lots will not comply
with all requirements as to area, map preparation requirements may
be waived provided that lot line adjustments are processed simultan-
eously with such subdivisions so as to bring all the resulting lots
into compliance with such requirements as to area, and provided,
further that map preparation requirements for such.lot line adjust-
ments are waived pursuant to this section.
Whenever map preparation requirements are waived pursuant to this
section, such waiver shall be evidenced by a written form signed and
dated by the Manager of the Planning Division of the Resource Manage-
ment Agency. Such waiver shall not be effective until the signed and
dated form is recorded with the Ventura County Recorder and shall be
void if the form is not so recorded within 180 days of the date of the
form. (AM. ORD. 3457- 9/11/79 - AM. ORD. 3504- 10/21/80)
Sec. 8212 - EXEMPTIONS - This Chapter shall not be applicable to:
a. The financing or leasing of apartments, offices, stores or
similar spaces within apartment buildings or mobile home parks;
582 ' OC -3
b. Mineral, oil or gas leases;
C. Land dedicated for cemetery purposes under the provisions
of the Health and Safety Code;
d. Subdivisions created by short -term leases, (terminable by
either party on not more than thirty days notice in writing)
of a portion of the operating right -of -way of a railroad
corporation as defined by Section 230 of the Public Utilities
Code, unless a showing is made in individual cases, upon
substantial evidence,. that public policy necessitates filing
of a parcel map.
,sec. 8213 - SIZE AND SETBACK REQUIREMENTS -
a. All proposed lots or parcels shall have the minimum width
and length required by County zoning regulations. All
proposed lots or parcels of less than ten acres shall also
have the minimum net area required by County zoning regu-
lations. Each lot or parcel shall have a conforming width
at the front yard setback or building line required by the _
applicable zone classification. Average lot depth shall
not be g eater tha three times the idth at tb ck
or buildin ine un1 MEZI:Kor_y AzenCy determines that
to o ra hic eature area . iustifv a er average
b. Whenever a division of land results in a lot or parcel for
which the only means of access is by way of an easement, the
easement shall be considered as a public road or street for
purposes of determining setbacks, building lines and yard
requirements.
583
OC -2
ARTICLE 4 - PARCEL MAP PROCEDURES
(Repealed and Reenacted by Ord. 3105 - 12/30/75)
Sec. 3215 - TENTATIVE MAP - Unless otherwise provided in
Section 8211, whenever a parcel map is required by this
Chapter a tentative map shall first be filed with the Advisory
Agency. Said map shall meet all the requirements for tentative
maps provided by the Subdivision Map Act and this Chapter.
Sec. 8216 - REQUIREMENTS - The County Surveyor may establish
such requirements as to form and content of parcel maps as
may be reasonably necessary provided such requirements are
not greater or more burdensome than the requirements imposed
pursuant to this Chapter on parcel maps or final maps. The
County Surveyor shall not sign a certificate for any parcel
map until the parcel map complies with all requirements
imposed pursuant to the Subdivision Map Act and this Chapter
and all dedications required by the terms of the approval of
the tentative map have been completed or provided for by
agreement between the subdivider dividing the land and the
County. All improvement agreements executed to fulfill the
requirements of this Section shall meet the requirements set
forth in Section 8270 -1 of this Chapter. Certificates may be
legibly stamped or printed on parcel maps with opaque ink.
584 OC -1
ARTICLE 5 - PROCESSING FEES
(Repealed and reenacted by Ord. 3105 - 12/30/7S)
Sec. 8220 - FEES - Each application request for any purpose subject to the
regulations of Division 8, Chapters 1 and 2 of the Ordinance Code except
appeals, shall be accompanied by payment of all outstanding fees and charges
billed by and owed to the County under said Chapters by the applicant or by
persons, partnerships, corporations or other entities, owned or controlled by
applicant or owning of controlling applicant. Furthermore, fees for processing
subdivision matters pursuant to this Chapter shall be paid in the amounts
prescribed by resolution of the Board of Supervisors. Except as otherwise
specified in such resolution or in this Code, such fees shall not be refundable.
(AM. ORD. 3598 - 5/18/82)
CB84b11
585
OC -z
ARTICLE 6 - FILING OF TENTATIVE MAP
(Repealed and reenacted by Ord. 3105 - 12/30/75)
Sec. 8230 - SUBMISSION OF TENTATIVE MAPS - Un'ess otherwise
provided in this Chapter, each proposed subdivision shall first
be submitted to the Ad•isory Agency in the form of a tentative
map. Tentative maps shall be prepared and submitted in
compliance with all applicable State laws and County ordinances.
Tentative maps shall be filed in the office of the Planning
Division of the Environmental Resource Agency.
Sec. 8231 - PRELIMINARY PROCEDURE - Subdividers desiring to
file a tentative map shall first obtain a tract number or
parcel map number. Tract numbers for subdivisions requiring
preparation of a final map and parcel map numbers for sub-
divisions requiring preparation of a parcel map shall be
obtained from the County Surveyor upon payment of the fee
prescribed therefor by resolution of the Board of Supervisors.
Tract numbers and parcel map numbers may be obtained only
after the subdivider has provided the County Surveyor with a
description and plan showing the boundaries of the proposed
subdivision and the area around it and its relation to nearby
public roads at a scale of one inch equals five hundred Beet.
If a tentative map has not been submitted for approval within
one year from the date of issuance of a tract number or parcel
map number, the number shall no longer be valid and shall be
canceled by the County Surveyor. No tract number or parcel
map number shall be issued whenever another valid tract number
or parcel map number exists for all or part of the land lying
within the proposed subdivision.
Sec. 8232 - INFORMATION TO BE CONTAINED ON TENTATIVE MAPS- -
GENERAL - Each tentative map submitted to the Advisory Agency
shall consist of one or more sheets of equal size. The scale
of the map shall be one inch equals one hundred feet if the
sheets of the map do not exceed forty -two inches along any
side; otherwise the scale shall be one inch equals two hundred
feet. The Advisory Agency may approve or recommend approval
of the use of any scale not specified herein. The map shall
contain the following information:
a. A vicinity or area map at a scale of one inch
equals five hundred feet showing the major
existing circulation pattern, and all proposed
major streets, existing major watercourses and
existing Ventura County Flood Control District
channels within one -half mile of the exterior
boundaries of the subdivision;
b. In or near the lower right -hand corner of the first
sheet:
586 OC -1
1. Tract number or parcel map number;
2. Name and address of subdivider;
3. Name and address of owners;
4. North point and scale of map;
5. Name and address of person preparing the map;
6. Date map was prepared;
7. Total number of lots;
c. All boundary lines of the subdivision with approxi-
mate bearings and distances;
d. The location of each lot and its relation to
surrounding surveys. The location of any remainder
of the original parcel shall be shown by reference
to the existing record boundaries of such remainder
if such remainder has an area of five acres or more.
Sec. 8233 - TOPOGRAPHY AND LOTS - In addition to the information
l required by Section 8232, the map shall also contain the
�.- following information:
a. Any significant adjacent topographic features
which can materially affect the design of the
subdivision. If features are not shown, contour
intervals shall be as follows:
1. One foot when the slope of ground is
less than five percent;
2. Two feet when the slope of ground is
between five and ten percent;
3. Five feet when the slope of ground is
between ten and twenty -five percent;
4. Ten feet when the slope of ground is
greater than twenty -five percent. At
least every fifth contour shall be
clearly labeled and indicated so as to
to distinctive;
b. Individual lot lines and approximate dimensions
and the number of each lot. Each lot and its
dimensions shall be shown on one sheet of the
map;
c. The net area of the smallest lot of ten acres or
less of each applicable zone classification;
587 OC -1
d. The proposed uses of all lots; e.g., single - family,
multiple- family, commercial, industrial, school,
parks, or other;
e. All structures, fences, tree rows, wells, prominent
features and land uses within the subdivision which
are to remain, including those within three hundred
feet of the proposed subdivision on imaediately
adjoining land;
f. The approximate location and direction of flow of
all watercourses and natural drainage channels.
Sec. 8234 - DESIGN AND IMPROVEMENTS - In addition to the
information required by Sections 8232 and 8233, the map shall
also contain the following information:
a. The widths, centerline radii and approximate
grades of all rights -of -way for all roads or
streets within the proposed subdivision,
approximate finish grades at street intersec-
tions and turnarounds and the widths and
approximate locations of all existing or
proposed public or private easements for roads,
street drainage or utilities; cut and fill
slopes over five feet in vertical height, and
L off -site grading where required;
b. Street names on all proposed public or private
streets;
c. The names and addresses of all operators of
proposed subdivision utility systems;
d. All necessary off -site access;
e. If lot reduction is proposed pursuant to Section
8160 -14 of this Code, calculations as to extent
of reduction and the park area required and
proposed.
Sec. 8235 - DOCUMENTS. TO BE SUBMITTED WITH TE1v'TATIVE MAPS -
Each tentative map submitted to the Advisory Agency shall be
accompanied by documents containing the following:
a. A signed statemei
listed as owners
latest equalized
their authorized
of the tentative
b. A description of
subdivision;
at by a majority of the parties
of the real property on the
County assessment roll, or by
agents, consenting to the filing
maps;
the land within the proposed
588 OC -1
C. The disposition to be made of all existing struc-
tures, tree rows, wells, tanks, irrigation
facilities and public utility lines;
d. A description of the proposed method and plan of
storm water disposal;
e. A description of the proposed method and plan of
sewage disposal. Whenever the method of sewage
disposal proposed is other than by a public sewage
disposal system, a soil evaluation report and /or
geologicall report, acceptable to the Environmental
Health Division, indicating that individual sewage
disposal systems will function properly shall also
be submitted. A public sewage disposal system is
a sewage disposal system directly controlled by
public authority or operated by a privately
organized company operating under a County franchise:
f. A certification by the applicant, supported by
a 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.
\ v Sec. 8236 = SOIL AND GEOLOGY REPORTS - A preliminary soils
report, prepared by a civil engineer registered in this state
and based upon adequate test borings, shall be submitted to
the County Surveyor and Environmental Health Division for
every subdivision.
a. The preliminary soils report shall describe the
nature of the subsurface soils and any soil
conditions which would affect the geometrics of
the proposed development. The soils report shall
state whether the proposed plan is feasible and
provide general solutions for all known hazardous
conditions or problems. The report shall include
the locations and logs of any test borings, and
percolation test results and a hydrological_
evaluation if on -site sewage disposal is proposed.
b. The preliminary soils report requirement may be
waived by the County Surveyor and Environmental
Health Division providing they find that, due to
the knowledge their staffs have as to the qualities
of the soils in the subdivision, no preliminary
report is necessary.
C. If the County Surveyor or the Environmental Health
Division has knowledge of, or the preliminary soils
report indicates, the presence of critically
expansive soils or other soils problems which, if
589 OC -1
not corrected, would lead to structural defects or
hazardous conditions, a soils investigation of each
lot in the subdivision may be required. Such soils
investigation shall be performed by a civil engineer,
registered in this state, who shall recommend the
corrective action which is likely to prevent struc-
tural damage and eliminate any hazards to each
structure proposed to be constructed iii the area
where such soils problems exist.
d. For hillside or other geologically hazardous areas:
1. An engineering geology evaluation defining
geologic conditions of the site shall be
submitted. The geologic evaluation shall
state whether the proposed plan is feasible
and provide general solutions for all known
hazardous conditions or problems. The
evaluation shall include the location and
lots of any test borings and shall evaluate
the effect of the geology on the proposed
development and on adjacent properties. The
evaluation report shall point out specific
areas where development may create hazardous
conditions. The engineering geology evalua-
tion requirements may be waived by the County
'- Surveyor providing he finds that, due to the
knowledge his staff has as to the geologic
characteristics of the subdivision area, no
engineering geology evaluation is necessary.
The Advisory Agency may approve or recommend approval of the
subdivision or portion thereof where soils problems or
geological hazards exist if it determines that the actions
recommended in the soils and /or geology reports are likely
to prevent public health problems, prevent structural damage
and eliminate any hazards to each structure to be constructed,
and a condition to the issuance of any building permit may
require that the approved recommended action be incorporated
in the construction of each structure and /or sewage disposal
system.
Sec. 8237 - NUMBER OF COPIES - The number of copies of tenta-
tive maps to be submitted shall be specified by the Advisory
Agency.
Sec. 8238 - ACCEPTA110E OF :MAPS - When the required number of
copies of a tentative map and accompanying reports have been
received by the Planning Division, the map shall be examined
by the Planning Division staff in light of the requirements
of the Ventura County Improvement Standards and Specifications
and of this Code to determine whether or not it contains all
of the required information and is acceptable for filing. The
date upon which it is found to be acceptable shall be placed
590 OC -1
on the map and considered to be the filing date. Whenever a
tentative map is found not to be acceptable for filing, the
person submitting the map shall be notified of the reasons
therefor. When the required ntraber of copies of the tentative
map have been accepted for filing by the Planning Division,
copies shall be forwarded for review by other agencies pursuant
to the provisions of Sections 66453 et sue. of the Subdivision
Map Act. `
591 OC -1
ARTICLE 7 - DESIGN AND IMPROVEMENTS
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8240 - REQUIREMENTS - All tentative maps must conform to
the County Genera P an and all applicable planning, zoning,
design and improvement requirements specified jr incorporated
in this Code. Unless otherwise specified, design requirements
and improvement requirements may be modified or waived only by
the Board of Supervisors.
Sec. 8241 - LOTS - Each sideline of a tot in any proposed
subdivision shall be as close as is practicable to perpen-
dicular to the centerline of the street at the point at which
the lot sideline terminates. All lot lines must comply with
Section 8260 -7 of this Chapter at the time of recordation of
the proposed subdivision. All lots in a proposed subdivision
shall conform to the minimum lot area and width requirements
of the zone in which the proposed subdivision is located. No
lot shall have less than forty feet of frontage and-no staff
of a flag lot shall be less than twenty feet wide. All
residential, commercial and industrial lots shall have access
to streets. In determining the permissible minimum lot area of
lots less than ten thousand square feet in size, all public
utility transmission line easements shall be excluded even
�— though such easements are included in the lot design. No
overhead electrical line shall be deemed a transmission line
unless it is used to carry thirty -three kilovolts or more.
Sec. 8242 - STREET RIGHTS -OF -WAY - The street layout of a
proposed subdivision shall be consistent with all street
right -of -way designations shown on the Circulation Element of
the County General Plan at the time the tentative map is
approved. The street layout and widths of rights -of -way shall
also comply with the requirements of the Ventura County
Improvement Standards and Specifications. The requirements of
this Section affecting road alignments may be waived or
modified by she Advisory Agency in the absence of an officially
adopted alignment if the County Surveyor finds, after making
appropriate study and investigation of the physical features
of the area and the general alignment of the existing roadway,
and considering such other engineering information as may be
available, that the street rights -of -way shown on the Circula-
tion Element for the area of subdivision would not follow the
existing right -of -way centerline and would follow an alignment
other than the existing alignment.
Sec. 8243 - UTILITY EASEMENTS - Whenever overhead utilities are
allowed in a proposed subdivision by this Code, utility ease-
ments 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 abutting lots. This require-
ment may be modified or recommended for modification by the
592 OC -1
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.
Sec. 8244 - DRAINAGE AND DRAINAGE EASE -.'NTS - The design of a
proposed subdivision shall be such as to provide for the proper
drainage of the proposed subdivision and all lots and improve-
ments therein, based on the runoff that can be anticipated from
ultimate development of the watershed area in which the sub-
division is located. The design shall be such that there are
no undrained depressions. Rights-of-,-ay shall be provided
within the proposed subdivision as may be necessary to provide
for the proper drainage of the proposed subdivision and to
provide for flood control channels and conduits or laterals
thereto which may be constructed within or abutting the proposed
subdivision and which are included in the Comprehenisve Plan
of Flood Control Channels approved by the Board of Supervisors
of the Ventura County Flood Control District. Access to open
channels included in the Comprehensive Plan of Flood Control
Channels shall be provided along the entire length of the
channel. Access to underground drainage conduit shall be
provided by an easement of not less than ten feet in width
directly above the entire length of the conduit. The design of
the proposed subdivision shall be such as to protect the
subdivision and the lots and improvements therein from off -
tract drainage or flood damage. The design shall also ensure
that all public facilities such as sewer, gas, electrical and
water systems are located, elevated and constructed so as to
minimize or eliminate flood damage. Further, the design must
provide that any concentrations or increases of surface water
resulting from the development of the proposed subdivision are
conveyed by means of adequate facilities to a suitable natural
watercourse in the area. Off -tract rights -of -way as may be
necessary for such facilities shall be provided by the
subdivider. All rights -of -way required to be provided
pursuant to this Section shall be offered for dedication at
the time the final map or parcel map is filed for approval.
Sec. 8245 - 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 provide that the design of the proposed subdivision is
compatible with such State highway.
Sec. 8246 - PUBLIC WATER AGENCY - Whenever a proposed
subdivision requiring a final map 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. Upon application of the subdivider, the Board of
�! Supervisors may waive the requirements of this Section for
good cause shown at the time the tentative map is submitted
for approval.
593 OC -1
\,
Sec. 8247 - PUBLIC SEWER AGENCY - Whenever a proposed
subdivision requiring a final map 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 for the proposed
subdivision. Upon application of a subdivider, the Board
of Supervisors may waive the requirements of this Section for
good cause shown at the time the tentative map is submitted
for approval.
Sec. 8248 - STREET LIGHTING - Prior to recordation of the
subdivision 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. The
Advisory Agency may waive this requirement for parcel maps,
and the Board of Supervisors may waive this requirement for
final maps, 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 parcels. AM. ORD. 3442 - 6/5/79
594 OC -2
ARTICLE 8 - HEARINGS, REPORTS AND APPEALS
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8250 - REPORTS AND RECOMMENDATIONS - Any staff report
or recommendation on a tentative map to the Advisory Agency
or Board of Supervisors shall be in writing and a copy thereof
shall be served on the subdivider at least three days prior to
any hearing or action on such map by the Advisory Agency or
Board of Supervisors.
Sec. 8250 -1 - HEARINGS AND APPEAL -
a. For subdivisions which require preparation of a
tentative map and a final map pursuant to this
Chapter and the Subdivision Map Act, the Planning
Commission shall constitute the Advisory Agency.
Within 50 days after the filing of the tentative
map, or within such longer period of time as may be
agreed to by the subdivider, the Planning Commission
shall hold a public hearing on the map, recommend
the content of the findings required by this Chapter
and the Subdivision Map Act, recommend approval,
conditional approval or disapproval of the tentative
— map and report its actions in writing to the Board
of Supervisors. At the next regular meeting of the
Board of Supervisors following the filing of the
Planning Commission's report with it, the Board
shall fix the meeting date at which the tentative
map will be considered by it at a public hearing,
which date shall be within 30 days thereafter,
and the Board shall approve, conditionally approve
or disapprove the tentative map within such 30 -day
period; provided, however, that if legally sufficient
notice thereof has been given, the Board may hold
the required public hearing at its next regular
meeting following filing of the Planning Commission's
report, in which case it shall approve, conditionally
approve or disapprove the tentative map within 30
days thereafter.
b. For subdivisions which require preparation of a
tentative map and a parcel map or a parcel map alone
pursuant to this Chapter and the Subdivision Map Act,
the Planning Division of the Resource Management
Agency shall constitute the Advisory Agency. Within
50 days after the the filing of the tentative map,
or within such longer period of time as may be agreed
to by the subdivider, the Planning Division shall
make all findings required by this Chapter and the
Subdivision Map Act, shall approve, conditionally
approve or disapprove the tentative map and shall
report its action to the subdivider. In accordance
with the provisions and time limitations set forth
in section 66452.5 of the Subdivision Map Act, any
595 OC -2
interested person may appeal any decision of the
Planning Division (Advisory Agency) to the Planning
Commission (Appeal Board) which shall hold a public
hearing thereon, and may appeal any decision of the
Planning Commission (Appeal Board) to the Board of
Supervisors which shall hold a public hearing thereon.
With the written consent of all parties thereto,
appeals from Planning Division (Advisory Agency)
decisions which relate solely to waivers or modifica-
tions of policies of the Board of Supervisors may be
appealed directly to the Board of Supervisors.
c. Whenever a public hearing i5 to be held, notice of
the time and place thereof, including a general
description of the location of the subdivision,
shall be given at least 10 days before the hearing.
Such notice shall be given by publication once in a
newspaper of general circulation published and cir-
culated in the County. Any interested person may
appear at such a hearing and shall be heard. Hearings
respecting notices of merger and notices of violation
as provided in subsections (i) and (j) of this section
8250 -1 are not "public hearings" within the meaning
of this subse tion (c).
d. Except as otherwise specified herein, decisions of
any County agency, officer or employee exercising
powers pursuant to this Chapter may be appealed by
any aggrieved party within 15 calendar days after
any such decision has been made. An appeal may be
commenced only by filing with the Planning Division
an appeal application addressed to the Board of
Supervisors. No appeal application shall be accepted
for filing or processing unless it contains all
information, data and papers prescribed by the forms
supplied by the Planning Division. A fee as specified
by resolution of the Board of Supervisors shall be
paid to the Planning Division with the filing of
each appeal; provided, however, no filing fee shall
be charged or collected for any appeal filed on
behalf of the County of Ventura. The Board of
Supervisors shall hear and decide any such appeal
within 30 days after filing, or within such longer
period of time as nay be consented to by the appellant.
AM. ORD. 3301 - 5)3777
e. Following the approval of a tentative map for a sub-
division requiring preparation of a final map, the
Planning Division of the Resource Management Agency
may, upon payment of the fee specified therefor by
Board of Supervisors resolution, grant requests
596 OC -2
for minor modifications of the tentative map which
- do not affect the quantity or quality of required
dedications and which do not increase the total
number or significantly alter the configuration of
proposed lots in the subdivision. Before granting
any minor modification requests, the Planning Divi-
sion shall make a written finding, with a statement
of reasons in support thereof, that the proposed
modification could not reasonably be expected to
change any of the findings previously adopted by the
Board of Supervisors at the time of its approval of
the tentative map. Minor modification decisions
which are objected to in writing by any interested
person within 10 days after rendition shall be deemed
to be recommendations only and the modifications
request shall thereafter be processed in the manner
provided in this Chapter, and for the fee required,
for the initial processing of tentative maps for
subdivisions requiring preparation of final maps.
f. Requests for major modifications of approved tenta-
tive maps of subdivisions requiring preparation of
final maps shall be processed in the manner provided
in this Chapter, and for the fee required, for the
initial processing of tentative maps for such sub -
_ divisions.
g. Upon payment of the fee specified therefor by Board
of Supervisors resolution, requests for minor or
major modifications of approved tentative maps of
subdivisions requiring preparation of parcel maps
shall be processed in the manner provided in this
Chapter for the initial processing of tentative
maps for such subdivisions.
h. Any interested person may file with the Planning
Division a written request for notification of any
proposed modification of a particular approved ten-
tative map. At least five days prior to the granting
of any request to modify an approved tentative map,
copies of the proposed modification shall be provided
to all persons who have filed notification requests
pursuant to this section.
i. For hearings relating to notices of merger specified
in section 66424.2 of the Subdivision Map Act, the
Planning Director or his deputy shall constitute the
Advisory Agency. Whenever the Advisory Agency acquires
knowledge that certain identified parcels may have
merged, the Advisory Agency shall mail to the record
owners of such parcels a notice of intention to
597 OC -2
L
record a notice of merger. The notice of intention
_ shall state that a hearing will be held at the time,
date and place stated therein for the purpose of
determining whether the parcels have merged. The
notice of intention shall further state that the
owners may present evidence at the hearing and that,
if the preponderance of the evidence received at the
hearing shows that the parcels have merged, a notice
of merger respecting the parcels will be recorded.
The notice of intention shall be mailed to the record
owners not less than 35 calendar days before the
hearing. The Advisory Agency shall conduct the
hearing regardless of whether the record owners
appear. The hearing shall be informal and shall not
be governed by rules of evidence applicable to courts
of law. The record owners shall have a right to
present relevant evidence at the hearing. The
Advisory Agency may, but need not, receive relevant
evidence presented by persons other than the record
owners. At the conclusion of the hearing, or within
a reasonable time thereafter, the Advisory Agency
shall determine whether the parcels have merged.
The determination of the Advisory Agency shall be
final and conclusive. Such determination shall be
in writing and shall contain a brief ou line of the
- findings of fact upon which the determination is
based. Such findings of fact shall be supported by
the preponderance of the evidence received by the
Advisory Agency at the hearing. If the determination
is that the parcels have merged, the Advisory Agency
shall file for record with the County Recorder a
notice of merger complying with the provisions of
section 66424.2 of the Subdivision Map Act.
j. For hearings relating to notices of violation speci-
fied in section 66499.36 of the Su division Map
Act, a committee of three comprised of the County
Surveyor, the Planning Director, and the Resource
Management Agency Enforcement Officer, or their
respective deputies, shall constitute the Advisory
Agency. Whenever the Advisory Agency acquires knowl-
edge that a certain identified parcel may have been
illegally divided in violation of the Subdivision
Map Act or this Chapter, the Advisory Agency shall
file for record with the County Recorder and mail to
the record owners of such parcel a notice of intention
to record a notice of violation. The notice of inten-
tion shall give a legal description of the parcel,
name the owners thereof, describe the suspected
viol tion, and state that a hearing will be held
at the time,, date and place stated therein for
the purpose of determining whether there has been
597 -1 OC -1
f been such an illegal division of the parcel. The
notice of intention shall further state that the
owners may present evidence at the hearing and that,
if the preponderance of the evidence received at the
hearing shows that the parcel was illegally divided,
a notice of violation respecting the parcel will be
recorded. The notice of intention shall be mailed
to the record owners not less than 65 calendar days
before the hearing. The Advisory Agency shall con-
duct the hearing regardless of whether the record
owners appear. The hearing shall be informal and
shall not be governed by rules of evidence applicable
to courts of law. The record owners shall have a
right to present relevant evidence at the hearing.
The Advisory Agency may, but need not, receive rele-
vant evidence presented by persons other than the
record owners. At the conclusion of the hearing,
the Advisory Agency shall determine whether the
parcel has been illegally divided. The determination
of the Advisory Agency shall be final and conclusive.
Such determination shall be in writing and shall
contain a brief outline of the findings of fact upon
which the determination is based. Such findings of
fact shall be supported by the preponderance of the
evidence received by the Advisory Agency at the
�- hearing. If the dete mination is that the parcel
has not been illegally divided, the Advisory Agency
shall file for record with the County Recorder a
release of the notice of intention to record a notice
of violation. If the determination is that the
parcel has been illegally divided, the Advisory
Agency shall file for record with the County Recorder
a notice of violation complying with the provisions
of section 66499.36 of the Subdivision Map Act.
597 -2 OC -1
i
ARTICLE 9 - EXPIRATIONS AND EXTENSIONS OF APPROVALS
v
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8251 - EXPIRATION AND EXTENSION OF TENTATIVE MAP APPROVAL -
a. Expiration - The approval or conditional approval
of a tentative map shall expire eighteen months
from the date the map was approved or conditionally
approved. Failure to file a final map or parcel
map with the County Recorder within such period
shall terminate all proceedings, and any subdivision
of the same land shall require the filing and
processing of a new map.
b. Extension - The County or the person filing the
tentative map may request an extension of the
tentative map approval or conditional approval by
written application to the Advisory Agency, such
application to be filed with the Planning Division
at least sixty days before the approval or
conditional approval is due to expire. The
application shall state the reasons for request-
ing the extension. Following a public hearing
noticed and held as provided in Section 8250 -1,
the Advisory Agency may grant an extension, and
may impose new conditions and /or revise existing
conditions at the same time. No public hearing
shall be required for extensions of tentative map
approvals for any subdivision which does not require
preparation of a final map.
c. Time Limit on Extension - Any extension or extensions
of tentative map approval or conditional approval
shall not exceed an aggregate of two years.
d. Effect of Mac Modification on Extension - Modification
of a tentative map after approval or conditional
approval shall not extend the time limits imposed
by this Section.
598 OC -1
=_ ARTICLE 10 - FINAL MAP AND PARCEL MAP REQUIREMENTS
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8260 - FINAL MAP AND PARCEL MAP REQUIREMENTS - Final maps
and parcel maps shall be prepared in accordance with the
requirements set forth in the Subdivision Map Act and this
Chapter.
Sec. 8260 -1 - PREPARATION - After approval of a tentative
map, the subdivider may prepare a final map or parcel map of
the proposed subdivision or any portion thereof. A final map
or parcel map shall be prepared by a Registered Civil Engineer
or a Licensed Land Surveyor and must be in substantial compli-
ance with the approved tentative map and in full compliance
with the Subdivision Map Act and this Code. If the final map
does not include the entire area of the approved tentative map,
the subdivider shall obtain from the County Surveyor a suffix
number to the tract number or parcel map number appearing on
the tentative map.
Sec. 8260 -2 - SIZE AND MATERIALS - Final maps and parcel maps
shall be clearly and legibly drawn, printed or reproduced by a
process ensuring a permanent record in black on tracing cloth
or polyester base film, except that all signatures shall be
made in waterproof opaque ink. If ink is used on polyester
base film, the ink surface shall be coated with a suitable
substance to ensure permanent legibility. The size of each
sheet shall be eighteen inches by twenty -six inches. A
marginal line shall be drawn completely around each sheet
leaving an entirely blank margin of one inch. The scale of
the map shall be one inch equals fifty feet or one hundred feet
and enough sheets shall be used to accomplish this end. With
approval of the County Surveyor, the scale used may be modified.
A graphical scale not less than three inches in length shall be
shown in addition to numerical scale.
Sec. 8260 -3 - BOUNDARY LINE - The exterior boundary line of a
subdivision sha be s o•,an on final maps and parcel maps as an
opaque ink line that is at least three times the width of any
other line on the maps excluding the one -inch border lines.
Sec. 8260 -4 - TITLE SHEETS - Each title sheet of a final map
shall consist of a Title Block as provided by Section 8260 -16
of this Chapter and all certificates required by the Subdivision
Map Act. Preprinted title sheets, obtained at cost from the
County Surveyor, must be used on final maps.
Sec. 8260 -5 - KEY MAP - When the final map or parcel map consists
Of more than two sheets exclusive of the title sheet, a key :nap
{° at a scale of one inch equals five hundred feet with lot
lines showing the relation of the sheets shall be placed on
the first map sheet. Every sheet comprising the map shall
599 OC -1
bear a sheet number and shall indicate the total number of
sheets comprising the map. A location map at a scale of one
inch equals one thousand feet indicating the geographical
location of the proposed subdivision and the tract access
roads shall be placed on the first map sheet. with approval
of the County Surveyor, the scale of the key'map may be
modified.
Sec. 8260 -6 - SURVEY DATA - Final maps and parcel maps shall
show the bearing and distance of the centerline of all streets,
arc length, tangent, radius and central angle of all curves;
the bearings of radial lines to each lot corner on a curve;
the total width of each street, the width of the portion
offered for dedication, the width of the existing right -of -way
and the width each side of the centerline; the width of rights -
of -way of railroad, flood control or drainage channels and any
other easements appearing on the map.
Sec. 8260 -7 - DATA FOR LOTS - Sufficient data shall be shown to
determine readily the bearing and length of each lot line of
the final map or parcel map. Each lot or parcel shall be shown
entirely on one sheet. Distances and bearings on the sidelines
of the lot which are cut by an easement shall be so shown as
to indicate clearly the actual length of the lot or parcel
lines. No ditto marks shall be used. No lot in a subdivision
(� shall be divided by the boundary line of a city, county or
special district.
J
Sec. 8260 -8 - EASEMENTS - The location on the final map or
parcel map of all existing or proposed easements (including,
but not limited to, easements for public utilities, private
sewers and television cables) which are to remain after
recordation and which are not within streets in the subdivi-
sion shall be shown by means of broken lines, together with
the name of the vestee, the use of the easement and the record
reference, if any.
Sec. 8260 -9 - LABELING - On lots or parcels of one acre or
less, the widths of easements, the lengths and bearings of
the lines thereof and sufficient ties to locate the easements
shall be clearly labeled and identified on the final map or
parcel map. On lots or parcels greater than one acre in size,
only easement widths need be shown. Regardless of lot size,
if of record, a statement as to the easements shall appear on
the title sheet.
Sec. 8260 -10 - DEDICATION - The owner's certificate on the
final map or parcel map shall indicate the easements being
offered for dedication.
Sec. 8260 -11 - MONUMENTS - All monuments required by the
Subdivision Map Act and this Code shall be fully and clearly
shown and identified as such on the final map or parcel map
together with sufficient information so that engineer or
surveyor could readily locate each monument.
600 OC -1
Sec. 8260 -12 - ESTABLISHED LINES - Whenever the County Surveyor
has established a centerline of a street or alley, the data
shall be considered in making the surveys and in preparing the
final map or pacel map. All monuments found shall be indicated
and proper references made to field or maps of public record
relating to the monuments. If the points were reset by ties,
that fact shall be stated.
Sec. 8260 -13 - CITY BOUNDARIES - City boundaries crossing or
adjoining the subdivision shall be properly designated upon
the final map or parcel map and shall be properly tied in.
Sec. 8260 -14 - WATERCOURSES - Any unimproved natural water-
courses wholly or partially within the proposed subdivision
shall be indicated on the final map or parcel map. The final
map or parcel map shall also show areas within the subdivision
which are subject to inundation or flood hazard.
Sec. 8260 -15 - LOT NUMBERS AND PARCEL NUMBERS - The lots on
the final map shall be numbered consecutively commencing with
the number "one" with no omissions or duplications, provided
that, where the subdivision is a continuation of or an addition
to an existing subdivision, the lot number shall commence with
the number immediately following the last or highest lot number
of such existing subdivision and in all other respects shall
conform with the preceding requirements. The last lot number
shall be circled. Flood control channels to be offered for
dedication are to be designated as "Parcel X." All other
areas, other than streets and alleys, which are to be offered
in whole for dedication on the map or subsequent to recordation
of the map and which do not meet zoning requirements as to size
and shape, are to be designed as "Parcels" and consecutively
numbered or lettered. The parcels on the parcel map shall be
designated with consecutive numbers or letters.
Sec. 8260 -16 - TITLE BLOCK - The title, showing the tract
number or parcel map number, the designation of the latest legal
subdivision of which it is a part together with a reference to
the legal record of such subdivision, and'either the words "in
unincorporated territory" or "partly in unincorporated territory
and partly in the City of shall appear on each sheet
of the final map or parcel map.
Sec. 8260 -17 - ENGINEER'S CERTIFICATE - The certificate of the
engineer or surveyor required by Section 66441 of the Subdivision
Map Act with respect to final maps and by Subdivision (a) of
Section 66499 of the Subdivision Map Act with respect to parcel maps
shall be placed on the map prior to recordation. In each case where
the map consists of more than one sheet, such certificate shall
appear on the title sheet thereof. AM. ORD. 3457- 9/11/79
Sec. 8260 -18 - BEARINGS - The basis of bearings referred to on the
final map or parcel map shall be approved by the County Surveyor,
and shall be clearly delineated or identified on the map.
601 OC -2
t Sec. 8260 -19 - ORIENTATION - Each sheet of the final map or
parcel map and lettering thereon shall be so oriented that the
north point shall be directed toward the top of the sheet or
toward the left of the sheet. The direction of the top of the
sheet shall be determined by the orientation of the title block
information required pursuant to Section 8260 -16.
Sec. 8260 -20 - ADDITIONAL INFORMATION - The final map or parcel
map shall also contain the fol owing information:
a. Date of preparation, north point and scale;
b. Location and names, without abbreviations, of all
existing and proposed streets and alleys, and
adjoining streets;
c. Dimensions in feet and hundredths of a foot;
d. Dimensions of all lots or parcels;
e. Centerline data, including bearings and distances;
f. Radius, tangent, arc and central angle of all
curves;
g. Suitable primary survey control points;
-- h. Precise location of all permanent monuments;
i. Ties to and names of all adjacent subdivisions;
j. Ties to any city or county boundary lines involved;
k. All required certifications;
1. Gross area and net area of all lots or parcels of
one gross acre or more to the nearest one hundredth
of an acre;
M. References to maps previously recorded relative to
the property;
n. Monuments, shown and identified sufficiently to
readily retrace the survey;
o. Bearings and lengths of each lot line or parcel line,
block line and boundary line, provided, however,
that if several of such lines are equal, duplication
of figures may be eliminated if no ambiguity will
result.
602 OC -1
Sec. 8260 -21 - STANDARD PRACTICES - All surveys and all
drafting in connection with the preparation of tentative
maps, final maps, parcel maps and Improvement Plans to be
submitted pursuant to this Chapter shall be done in
accordance with the standard practices and principles of
drafting and land surveying.
Sec. 8260 -22 - LIMIT OF ERROR - A survey and traverse of the
boundaries of the subdivision and all lots and blocks shall
close within a limit of error of one foot in ten thousand
feet of perimeter.
Sec. 8260 -23 - SIZE OF LETTERING - No map lettering shall be
smaller than No. 80CL Leroy or .08 of an inch in height.
Sec. 8261 - PARCEL MAP PREPARATION - A parcel map may be
compiled from data shown on final maps, record of surveys
and parcel maps only if such filed or recorded maps were
based upon field surveys and were recorded within the last
fifteen years. Data from a field survey made within the
last fifteen years and filed with the County Surveyor may
also be used. The fifteen -year time limit may be waived by
the County Surveyor if it is shown that record monunentation
exists and that existing angles and distances on the ground
measure within the required limits of record angles and
distances. Parcel maps compiled from filed or recorded data
shall conform to the requirements of the Subdivision .lap
Act. All other parcel maps shall be based on a field survey
made in conformity with the Land Surveyor's Act and shall
conform to the requirements of the Subdivision Map Act.
Sec. 8261 -1 FILING OF MAPS -
a. Following submission to the County Surveyor pursuant
to Section 8262, final maps shall be filed with the
Board of Supervisors for approval or disapproval
pursuant to Section 66458 of the Subdivision Map Act.
After approval by the Board of Supervisors, final
maps shall be transmitted to the County Recorder for
recordation.
b. The County Surveyor is authorized to approve or
disapprove a parcel map on behalf of the County.
After the approval by the County Surveyor of a
parcel map, the map shall be transmitted to the
County Recorder for recordation.
Sec. 8261 -2 - PARCEL MAP DEDICATIONS - All dedications or
offers of dedication shall be made by certificate on the
parcel map unless made by separate document recorded prior
to recording of the parcel map.
603 OC -1
Sec. 8261 -3 - ACCEPTANCE OF DEDICATIONS - The County Surveyor
is authorized to accept or reject on behalf of the County
dedications or offers of dedications, whether made by separate
document or by certificate on the parcel map.
Sec. 8262 - SUBMISSION FOR CERTIFICATION - Final maps and parcel
maps being submitted or approval shal e first submitted to
the County Surveyor who shall examine the final map or parcel
map and determine whether it is technically correct and is in
full compliance with the Subdivision Map Act and this Code and
in substantial compliance with any approved tentative map. If
the County Surveyor is satisfied as to these matters, he shall
sign a certificate so stating. If the County Surveyor is not
satisfied as to these matters, he shall return the final map
or parcel map to the subdivider and inform the subdivider of
the deficiencies which have been noted. The number of copies
of a final map or parcel map to be submitted shall be as
specified by the County Surveyor. Prior to execution of the
County Surveyor's certificate pursuant to this Section, the
subdivider shall pay all required construction inspection fees.
Sec. 8262 -1 - INFORMATION TO BE SUBMITTED WITH FINAL MAP OR
PARCEL MAP - When a final map or parcel map is submitted to the
County Surveyor in accordance with Section 8262, it shall be
accompanied by the documents specified in Sections 8262 -2
through 8262 -17 except as otherwise provided in such sections.
AM. ORD. 3457 - 9/11/79
Sec. 8262 -2 - IMPROVEMENT PLANS - Improvement Plans and
specifications required by this Code together with such calcula-
tions and additional information as will assist the County
Surveyor to properly check the Improvement Plans and specifica-
tions shall be submitted with the final map or parcel map. The
number of sets of such Improvement Plans and specifications
submitted shall be as specified by the County Surveyor.
Sec. 8262 -3 - IMPROVEMENT AGREEMENTS - All agreements and
improvement securities required by the Subdivision Map Act or
this Code shall be submitted with the final map or parcel map.
Sec. 8262 -4 - TAX COLLECTOR'S LETTER - A letter signed by the
Ventura County Tax Collector certifying that there are no
liens against the subdivision or any part thereof for unpaid
state, county, municipal or local taxes or special assessments
collected as taxes, except taxes or special assessments not
yet payable, and certifying the amount of taxes and assessments
which are a lien but which are not yet payable shall be sub-
mitted with the final map.
Sec. 8262 -5 - SUBDIVISION GUARANTEE - A Preliminary Subdivision
Guarantee and a Title Report containing the legal description
of the lands being subdivided, issued by a title company
acceptable to the County Recorder and authorized by the laws
of the State of California to write the same, shall be
604 OC -2
submitted with any final map or parcel map presented to the
County Surveyor for approval pursuant to Section 8262. A
Subdivision Guarantee, issued by a title company acceptable
to the County Recorder and authorized by the laws of the
State of California to write the same, showing the names of
all persons having any record title interest in the land to
be subdivided tocether with the nature of their :respective
interests therein shall be submitted with the final map or
parcel map at the time of recordation of the map. Said
subdivision guarantee shall be for the benefit and protection
of the County in the amount of at least one thousand dollars
covering all lands to be dedicated for public use.
Sec. 8262 -6 - DEEDS - Whenever land, easements or rights -of-
way are to be de icated for public use or access or land,
easements or rights -of -way are to be granted to public
agencies, all such land, easements, or rights -of -way not
dedicated or granted by the owner's certificate on the final
map or parcel map shall be granted by deeds submitted not
later than the final or parcel map.
Sec. 8262 -7 - OFF -SITE EASEMENTS - Written evidence of rights -
of -entry or permanent easements on or across private property
not within the proposed subdivision as may be necessary to
allow performance of the work necessary to improve the
subdivision, to allow for the maintenance of the subdivision
improvements -once completed, to.allow for permanent public
access to the proposed subdivision, and to allow for and to
grant necessary slope rights shall be submitted with the final
map or parcel map.
Sec. 8262 -8 - UTILITY STATEMENT - A statement from each
operator of proposed subdivisi37n utility systems stating that
the public utility easements shown on the final map or parcel
map are satisfactory for use by that utility for service to
the proposed subdivision and that the arrangements have been
made to convey such easements to the utilities that are to use
them shall be submitted with the final map or parcel map.
Sec. 8262 -9 - APPROVAL OF SEWAGE DISPOSAL METHOD - A statement
from the Environmental Health Division of the Environmental
Resource Agency approving the method of sewage disposal.
Sec. 8262 -10 - APPROVAL OF DOMESTIC WATER SUPPLY - A statement
from the Environmental Health Division of the Environmental
Resource Agency approving the method of supply for domestic
water.
Sec. 8262 -11 - WATER SUPPLY CERTIFICATE - A certificate showing
that there is an adequate permanent domestic water supply
available from the water purveyor to serve the proposed sub-
`,,; division and that the facilities of the water purveyor,
including the installation to be made in the proposed subdivi-
sion, meet the requirements set forth in the Ventura County
Improvement Standards and Specifications shall be submitted with
the final map.
605 OC -1
Sec. 8262 -12 - SEWER SERVICES - A statement from the sewer
entity which will provi a sewage service for the proposed
subdivision shall be submitted with the final map or parcel
map stating that the portion of the Improvement Plans
containing the design and specifications for subdivision
sewers is satisfactory to it, and that a satisfactory agree-
ment has been entered into between the sewer entity and the
subdivider providing for connection of the subdivisions sewage
lines to the system of the sewer entity.
Sec. 8262 -13 - FIRE CHIEF'S CERTIFICATE - The certification
of the County Fire Chief that adequate fire protection
facilities have been planned for the proposed subdivision and
for use by the Ventura County Fire Protection District shall
be submitted with the final map or parcel map.
Sec. 82 -62 -14 - STORM WATER ACCEPTANCE EASEMENTS - Written
evidence of such dee s, easements or rights -of -way not within
the proposed subdivision as may be necessary to provide for
the acceptance of storm waters generated by the proposed
subdivision shall be submitted with the final map or parcel
map.
Sec. 8262 -15 - RAILROAD CROSSINGS - The certification of any
affected railroad company that satisfactory arrangements
providing for all required railroad crossings have been made
shall be submitted with the final map or parcel map.
Sec. 8262 -16 - DOCUMENTS USED IN PREPARATION OF MAP - Copies
of all deeds, maps, office sketches, and other documents used in
the preparation of a final or parcel map, together with copies
of calculations showing closure and area, shall be submitted with
the final map or parcel map. AM. ORD. 3457- 9/11/79
Sec. 8262 -17 - JUSTIFICATION FOR ABSENCE OF CERTIFICATE OF
CONSENT - In every case where a public entity or public utility
owns a right -of -way, easement, or other interest which cannot
ripen into a fee over or in land being subdivided, and a certif-
icate of consent by such public entity or public utility is
excused by reason of compliance with the procedures set forth
in Subdivision (c) (1) of Section 66436 of the Subdivision Map
Act, evidence of compliance with such procedures, which evidence
is satisfactory to the County Surveyor, shall be submittted with
the final or parcel map. AM. ORD. 3457- 9/11/79
Sec. 8262 -18 - DEDICATION OF EASEMENTS FOR PUBLIC USE - All
Title, rights an easements speci ied in Sections --- 876-2-19
through 8262 -23 of this Chapter shall be offered for dedication
to the County of Ventura or other appropriate public agency not
later than the time the final map or parcel map is filed for
approval. AM. ORD. 3457- 9/11/79
606 OC -3
Sec. 8262 -19 - FLOOD CONTROL CHANNELS - All Rights -of -way for
drainage or flood control purposes required to be provided
pursuant to Section 8244 of this Chapter shall be offered for
dedication to the Ventura County Flood Control District. All
rights -of -way required to be provided by Section 8244 for
flood control channels or conduits or laterals thereto which
are included in the Comprehensive Plan of Flood Control
Channels approved by the Board of Supervisors of the Ventura
County Flood Control District shall be of fee simple title;
provided, however, that an offer of dedication of such rights -
of -way may be of easement interest in lieu of fee simple title
when unusual circumstances warrant and the Board of Supervisors
determines that the offer of dedication of easement interest in
lieu of fee simple title will be of greater public benefit to
the Ventura County Flood Control District. All other rights -
of -way for drainage or flood control purposes required to be
provided by Section 8244 shall be of easement interest. All
rights -of -way offered pursuant to this Section shall be free
of all liens, encumbrances, assessments, easements and leases
except for public utilitiy easements. All rights -of -way of fee
simple title shall be shown as Parcel "X" on the final map or
parcel map.
Sec. 8262 -20 - PRIVATE STREET EASEMENTS - Easements allowing
all governmental agencies providing for the public safety,
health and welfare access on all private streets or lanes
serving as access for more than two lots shall be offered for
dedication to the County of Ventura not later'than the time
the final map is filed for approval.
Sec. 8262 -21 - STREET RIGHTS -OF -WAY - Except as provided below,
all rights -of -way or public streets, pedestrian and bicycle
paths, walks, and alleys shown on the final map or parcel map
and all rights of access to and from residential lots of the
proposed subdivision abutting on controlled access roads shall
be offered free and clear of any prior easements or rights -of-
way for dedication to the County of Ventura. The rights of
access to and from residential lots abutting on controlled
access raods shall be such that owners of such lots shall have
no rights whatsoever in such roads except in the general right
of travel which belongs to the whole public. The County
Surveyor may approve an offer for dedication wherein certain
easements remain prior, in whole or part, to the rights -of
way being offered to the County. However, such approval shall
be given only when unusual circumstances warrant and the ease-
ments which remain prior do not substantially interfere with
proper use of the rights -of -way being offered to the County.
AM. ORD. 3457- 9/11/79
Sec. 8262 -22 - PARK SITES - All park sites to be dedicated in
accordance with Section 160 -14 of this Code shall be offered
for conveyance to the appropriate public agency not later than
the time the final map or parcel map is filed for approval.
EN. ORD. 3457 - 9/11/79
607 OC -2
Sec. 8262 -23 - OTHER EASEMENTS - All other easements for public
use required as a condition for approval of the tentative map
for the proposed subdivision shall be offered for dedication to
the County of Ventura or other appropriate agency not later than
the time the final map or parcel map is filed for approval.
EN. ORD. 3457 - 9/11/79
607 -1 OC -2
i� ARTICLE 11 - DEDICATION AND IMPROVEMENT REGULATIONS
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8270 - REQUIREMENTS - As a condition of approval of a
map, the sub ivi er shall dedicate or make an irrevocable
offer of dedica.ion of all parcels of land within the
subdivision whicn are needed for streets, alleys (including
access rights and abutters' rights), drainage, public utility
easements, and other public easements. In addition, the
subdivider shall improve or agree to improve all streets,
alleys (including access rights and abutters' rights),
drainage, public utility easements, and other public
easements.
Sec. 8270 -1 - IMPROVEMENT AGREEMENT - Prior to submitting a
final map or parcel map of a proposed subdivision for approval
pursuant to Section 8262 of this Chapter, the subdivider and
all owners of land in the subdivision substantially interested
in the subdivision shall execute an improvement agreement in
a form approved by the County Surveyor whereby each is bound
to construct, within a reasonable time specified therein,
the improvements required for the subdivision pursuant to
this Code. The same parties shall secure execution of this
agreement by good and sufficient improvement security as
provided for in Article 12 of this Chapter. In the event the
improvements cannot be constructed by the expiration date
specified in the agreement, the developer shall file a request
for a time extension and pay the required fees prescribed by
Board of Supervisors resolution therefor. The Advisory Agency
or Board of Supervisors may deny the application for a time
extension if the circumstances so warrant. No improvements
will be accepted until all required fees have been paid.
Sec. 8270 -2 - TIME EXTENSION FEES - All required time extension
_fees shall be paid to the County at the time of filing any
request for extension of the time specified in the Improvement
Agreement for construction pursuant to Section 8270 -1 of this
Chapter.
Sec. 8270 -3 - GUARANTEE - All improvements for subdivisions
in areas of unstable soil or rock formation where, in the
opinion of the County Surveyor, a guarantee is necessary, and
all improvements for subdivisions where twenty -five percent
or more of the street grades exceed five percent shall be
guaranteed by the subdivider following final acceptance of all
improvements of the subdivision. The guarantee shall extend
only to such replacement and /or repair as may be required during
the guarantee period in excess of routine maintenance for
ordinary wear and tear. When final acceptance is made between
July 1 and September 30, the guarantee period shall be in effect
until July 1 of the succeeding year. When final acceptance is
made at any other time, the guarantee period shall be in effect
608 OC -1
for one year thereafter. A guarantee security in an amount of
at least ten percent of the estimated cost of the improvements
of the subdivision shall be posted guaranteeing the replacement
and /or repair of improvements. The amount of the guaranteed
security in no way limits the subdivider's guarantee as
required by this Section. No improvement security may be
exonerated for a subdivision specified by this Section until
a guarantee security is posted. The replacement and /or repair
shall be completed within six months after notification by the
County Surveyor of the need for such work or after approval of
any plans and specifications required therefor. A six -month
time extension for completion of the work may be granted upon
payment of the required fee prescribed by Board of Supervisors
resolution.
Sec. 8270 -4 - STREET TREE PLANTING - The improvement agreement
executed pursuant to Section 270 -1 of this Chapter shall
include provision for the planting within parkways or public
utility easements along sidewalks within the subdivision of
at least one tree for each lot and two trees for each corner
lot in the subdivision. The trees planted shall be of a type
approved by the County Surveyor. A plan for the proposed tree
planting showing the type and location of the trees shall be
prepared by a California licensed landscape architect and shall
be submitted to the County Surveyor for approval prior to
recordation of the final map or parcel map. The County
Surveyor may waive all or any part of this requirement if he
determines that the requirement would be unnecessary or
unreasonable under the circumstances in any particular case.
Sec. 8270 -5 - IMPROVEMENT PLANS - The subdivider shall prepare
plans and specifications for t e improvements required for the
proposed subdivision pursuant to this Code and the Subdivision
Map Act.
Sec. 8270 -6 - APPROVAL OF IMPROVEMENT PLANS - The County
Surveyor shall review improvement plans and only if they fully
comply with the requirements of the Subdivision Map Act and
this Code, and substantially comply with the tentative map,
shall he sign the certificate provided for in Section 8262
of this Chapter.
Sec. 8270 -7 — PREPARATION OF IMPROVEMENT PLANS - Improvement
plans shall be printed or drawn clearly and legibly, or repro-
duced by a process which results in a permanent record which
will permit direct reproductions. Each sheet shall be twenty -two
inches vertically by thirty -six inches horizontally with a mar-
ginal line drawn completely around each sheet, leaving an entire-
ly blank margin of one and one -half inches on the left -hand side
and one -half inch on the other three sides. If the improvement
plans include five or more sheets, a key map showing the streets
and the area covered by each sheet of the plan shall be included
on the first sheet of the plans. Preprinted standard title
sheets for improvement plans obtained from the County Surveyor
at cost must be used. AM. ORD. 3457 - 9/11/79
609 OC -2
Sec. 8270 -8 - GRADING PLANS INCLUDED IN IMPROVEMENT PLANS -
Improvement plans shall also include complete grading plans.
Grading plans shall contain a title block and shall have a
graphical scale in addition to a numerical scale. The grading
plans may be submitted initially on sheets larger than twenty
inches by thirty inches. However, if initial plans are
submitted on such larger sheets, after the proposed subdivision
has been graded, the grading plans must ne resubmitted on sheets
conforming in size and margin requirements to the remainder of
the improvement plans. Grading plans resubmitted at the proper
size may be a series of twenty inch by thirty inch brown line
prints made with proper overlap and title block from the
initially submitted grading plans.
Sec. 8270 -9 - SCALE OF IMPROVEMENT PLANS - The grading plan
portion of improvement plans shall be legible and drawn to a
scale wherein one inch equals fifty feet. A different scale
may be used with approval of the County Surveyor. The remain-
ing portions of the improvement plans shall be drawn to such
scales as will permit the County Surveyor, using good engineering
practice, to efficiently review the plans and supervise the
construction of the improvements and properly inspect the
improvements once constructed.
Sec. 8270 -10 - CONTENTS OF IMPROVEMENT PLANS - Improvement
plans shall be prepared according to good engineering practice
under the direction of, and shall be signed by, a Registered
Civil Engineer licensed by the State of California. The
improvement plans shall show the complete plans, profiles
and details for all improvements to be placed in a proposed
subdivision including, but not limited to, all street work,
drainage channels and structures, all underground utilities
to be installed by the subdivider including all appurtenances
thereto located within the right -of -way, retaining walls or
other improvements to support cut slopes and embankments,
bridges if constructed in conjunction with subdivision
improvements, the location of underground utilities not
within the right -of -way which may control the location and
elevations of storm drains and culverts, the location of fire
hydrants, curbs, gutters and sidewalks, fences that may be required,
gates, structures and drainage facilities necessary to control
slides and other improvements which may be required to complete
the work.
Sec. 8270 -11 - CHANGES IN IMPROVEMENT PLANS - Subsequent to
certification of the proposed subdivision by the County
Surveyor, no change shall be made in the improvement plans
for the subdivision without prior approval of the County
Surveyor. All changes approved by the County Surveyor shall
comply with the requirements of this Code. Each request for
approval of a change in the improvement plans shall be
accompanied by the required fee prescribed by Board of Super-
visors resolution.
610 OC -1
Sec. 8270 -12 - COST ESTIMATE - An estimate of the cost of the
improvements to the proposed subdivision shall be prepared by
the subdivider and shall accompany the improvement plans each
time they are submitted. Cost estimates shall include a
separate item for contingencies in the amount of ten percent
of -the estimated actual cost. Upon consideration of the
estimate submitted by the subdivider, the County Surveyor shall
determine the estimated cost for the improvements of the pro-
posed subdivision.
Sec. 8271 - COMMENCEMENT OF IMPROVE1,1ENTS - Except as otherwise
provided herein, grading of the proposed subdivision and
construction of any improvements thereon shall not begin until
the County Surveyor has approved the improvement plans for the
proposed construction.
Sec. 8271 -1 - STREET IMPROVEMENTS - All streets, sidewalks,
curbs, gutters, structures, signs, fences and barricades
within the subdivision shall be installed or improved to the
standards specified in the Ventura County Improvement Standards
and Specifications in effect at the time of approval of the
tentative map.
- Sec. 8271 -2 - DRAINAGE IMPROVE4ENTS - Subject to the provisions
of Section 8297-3, all facilities for drainage required for the
proposed subdivision, regardless of location, shall be
constructed by the subdivider in accordance with the require -
ments specified in the Ventura County Improvement Standards and
Specifications in effect at the time of approval of the
tentative map.
Sec. 8271 -3 - SEWERS AND WATER SUPPLY - Except as otherwise
provided in this Code, and subject to the provisions of Section
8297 -3, sewers and an adequate domestic water supply system
shall be installed by the subdivider in each proposed subdivi-
sion and connections thereto made from each lot within the
subdivision. The requirement that all lots be connected to
sewers or the water supply system may be modified by the County
Surveyor if unusual circumstances warrant. The sewer systems
and domestic water supply system shall be constructed in
accordance with the requirements specified in the Ventura
County Improvement Standards and Specifications in effect at
the time of approval of the tentative map.
Sec. 8271 -4 - FIRE PROTECTION - As a part of the water supply
installed in the proposed subdivision, the subdivider shall
install watermains, fire hydrants, gated connections and other
fire protection facilities deemed necessary by the Ventura
County Fire Protection District to provide adquate fire
protection to the proposed subdivision. The installation shall
be in accordance with the requirements specified in the Ventura
C_. County Improvement Standards and Specifications in effect at
the time of approval of the tentative map. All fire protection
facilities shall be dedicated to the proposed water purveyor.
611 OC -1
Sec. 8271 -5 - UNDERGROUND UTILITIES - Except as otherwise
provided in this Code, all uti ity facilities including, but
not limited to, electric lines, communication lines, cable
television lines, street lighting power supply lines and
appurtenances thereto, shall be placed underground and all
utility facilties including service laterals shall be installed
in the ground prior to the paving of streets. The County
Surveyor may authorize installation of utility facilities after
street improvements are installed if the installation will not
require reconstruction or repair of the street improvements or
if unusual circumstances warrant. Certain utility appurte-
nances including, but not limited to transformers, pedestal -
mounted terminal boxes and meter cabinets, and concealed ducts
used in connection with underground facilities which cannot
be placed underground without unreasonable expense may be
placed on the surface of the ground. All necessary arrangements
for the installation of utilitites shall be made with the
operator of each proposed subdivision utility system pursuant
to this Section. At the time of approval of the tentative map,
the Advisory Agency or Board of Supervisors may modify this
requirement for all or part of a subdivision where, due to
physical conditions, it would cause unreasonable hardship.
This Section shall not apply to utility lines which do not
- provide service to the area being subdivided.
Sec. 8271 -6 - STREET NA. AND TRAFFICE SIGNS - Street name signs
shall be installed by the subdivider at a intersections within
the subdivision. Traffic control devices and signs shall be
installed by the subdivider at all locations within the subdivi-
sion specified by the County Surveyor. All traffic control
devices and signs shall conform to all applicable laws and
regulations.
Sec. 8271 -7 - BARRICADES - Barricades shall be constructed by
the subdivider at the ends of all streets abutting undeveloped
property adjacent to the proposed subidivision.
Sec. 8271 -8 - UNDERGROUND OPENINGS - All underground pipes and
openings encountered during construction of any improvements
in the subdivision shall be removed by the subdivider or sealed
by him in a manner satisfactory to the County Surveyor.
Sec. 8271 -9 - WATER WELLS - All water wells within the proposed
subdivision shall be abandoned by sealing in a manner satisfac-
tory to the County Surveyor and in compliance with applicable
County ordinances, ,U shall be protected from surface and under-
ground pollution in accordance with requirements determined by
the Environmental Health Division of the Environmental Resource
Agency. All water wells not abandoned shall be delineated on
- the parcel map or final map, and measures satisfactory to the
Countv Survevor shall be taken to prevent injury to persons or
�•, property by use of aparoriate physical barricades and deed
restrictions.
612 OC -i
Sec. 8271 -10 - FENCING - Where determined by the Advisory
Agency to be necessary for public safety, the subdivider shall
construct masonry walls six feet high:
a. on all lot lines of the subdivision which adjoin
drainage channels;
b. Adjacent to all railroad rights -of -way which abut
or pass through the subdivision;
c. Adjacent to all controlled access highway rights -
of -way which abut or pass through the subdivision;
1. Textured block walls, chain link -type
fencing, ornamental wrought iron, or
combinations thereof as approved by the
Planning Division may be substituted
for the masonry walls otherwise required
under subsections (a), (b) and (c).
If a final map which does not include the entire tentative map
area is submitted for approval, all flood control and drainage
channels within the tentative map area shall be fenced in
accordance with the requirements of subsection (a) with
permanent or temporary fencing as approved by the County
Surveyor. If a temporary fence is constructed, it shall be
replaced with the required permanent fence or wall when the
land adjacent to the channel is included within a final map.
All walls and fences required pursuant to this Section shall
be completed prior to occupancy of buildings within any portion
of the development.
Sec. 8271 -11 - AS -BUILT PLANS - At the time of completion of the
improvements required pursuant to this Code, and as a condition
precedent to exoneration of the improvement security, the
subdivider shall submit two sets of prints and the original
tracings of improvement plans which have been modified to
reflect the improvement as -built to the County Surveyor and
shall certify that all improvement work has been constructed
in accordance with the requirements of this Code.
Sec. 8272 - VENTURA COUNTY IMPROVEMENT STANDARDS AND SPECIFICA-
TIONS - As authorized by Section 66462 of the Subdivision Map
Act, the "Ventura County Improvement Standards and Specifications,
three copies of which are on file with the Clerk of the Ventura
County Board of Supervisors, is hereby adopted by reference and
all subdivision improvements shall be in accordance with the
standards and specifications contained therein and such amend -
emnts and additions thereto as may be made from time to time by
the Ventura County Board of Supervisors.
613 OC -1
ARTICLE 12 - IMPROVEMENT SECURITY
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8280 - REQUIREMENT OF IMPROVEMENT SECURITY - Any improvement
agreement, contract or act required or authorized by the Subdivision
Map Act, for which security is required by the Subdivision Map Act or
this Code, shall be secured in the manner and amounts provided in
Sections 66499 et se q. of the Subdivision Map Act and in this Code.
Sec. 8281 - AMOUNT OF IMPROVEMENT SECURITY - Improvement security
shall be posted both to secure the faithful performance of each
improvement agreement and to secure payment by the subdivider to the
contractor, his subcontractors and to persons renting equipment or
furnishing labor or materials to them in connection with the perfor-
mance of such improvement agreement.
The improvement security may, at the option of the subdivider, be any
one of the types specified in subdivisions (a)(1), (a)(2) and (a)(3)
of Section 66499 of the Subdivision Map Act; provided, however, that
the first $500 of the security for performance of the improvement
agreement, contract or act shall be in the form of a cash deposit with
the County of Ventura. The $500 cash deposit may be used by the County
in correcting unsafe or emergency road conditions occasioned by or
arising out of the performance of any work in constructing the sub-
division improvements, weed abatement within the subdivision or the
removal of trash from within the subdivision. The County may use the
$500 cash deposit only if it is unable to contact the developer (or
his contractor) to perform the required emergency work, weed abatement,
or trash removal, or if the developer or his contractor refuses to
perform the required work after being informed of its necessity by the
County. If any part of the $500 cash deposit is used by the County,
the developer shall be charged for the cost of the required work, and
shall remit to County within ten days after written notice of such
expenditures sufficient cash to bring the deposit to $500 once.more.
Any portion of the cash deposit which has not been used by the County
at the time the street improvements are accepted into the County roads
system shall be returned to the developer within ten days of such
acceptance.
If the improvement security is in the form of bonds, the bond securing
faithful performance shall be in an amount equal to the estimated cost
less $500 of the improvements or the act to be performed, and the bond
for the security of laborers and materialmen shall be in an amount equal
to the full estimated cost of the improvements or the act to be performed.
If the improvement security is in some form other than bonds, the total
amount of such security for both faithful performance and for laborers
and materialmen shall be in an amount equal to 150% of the estimated
cost of the improvements or act to be performed, and at the option of
the County Surveyor any fraction ranging from one -third to two - thirds
of the total amount of such security may be applied to secure faithful
performance and the balance may be applied to secure laborers and
materialmen. AM. ORD. 3457 - 9/11/79
614 OC -2
Sec. 8282 - EXONERATION OF IMPROVEMENT SECURITY - After full and
faithful per ormance of the improvement agreement by the subdivider
and, if required, after acceptance by the County Surveyor of the
guarantee security pursuant to Section 8270 -3 of this Chapter, the
County Surveyor shall exonerate all improvement security posted to
secure execution of the agreement. The County Surveyor may accept
a cash deposit or a certificate of deposit necessary to accomplish
the required performance in lieu of all or part of such performance
when he finds it is reasonable and necessary under all of the
circumstances. The County Surveyor may accept deferred construction,
secured by agreement and by good and sufficient improvement security
when he finds that such deferred construction is reasonable and
necessary under all of the circumstances. Upon request of the sub-
divider, the County Surveyor may in his discretion reduce the amount
of the improvement security by partial exoneration in an amount not
exceeding fifty percent of the total estimated cost of improvements
of the subdivision when a corresponding percentage amount of improve-
ments has been fully completed to the satisfaction of the County
Surveyor. However, under no circumstances shall such partial exoner-
ation constitute acceptance of the improvements upon which such
partial exoneration is granted.
615 OC -2
ARTICLE 13 - REVERSION TO ACREAGE BY FINAL MAP
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8285 - REVERSIONS TO ACREAGE BY FINAL MAP - Property
previously subdivided by final map may be reverted to acreage
by final map pursuant to the provisions of the Subdivision
Map Act and of this Article.
Sec. 8286 - INITIATION OF PROCEEDINGS BY OWNERS - Proceedings
to revert subdivided property to acreage may be initiated by
petition of all of the owners of record of the real property
within the subdivision. The petition shall be in a form
prescribed by the Planning Division. The petition shall
contain the information required by Section 66499.13 of the
Subdivision Map Act and such other information as is specified
by the Planning Division.
Sec. 8286 -1 - INITIATION OF PROCEEDINGS BY T:?E BOARD OF
SUPERVISORS - The Board of Supervisors on its own motion may,
by resolution, initiate proceedings to revert subdivided
property to acreage. The resolution of the Board-of
Supervisors shall direct the Planning Division to obtain all
information necessary to accomplish the proposed reversion.
Sec. 8287 - DATA FOR REVERSION TO ACREAGE - Petitioners shall
file the fol owing:
a. Evidence of title to the real property; and
•b. Evidence of the consent of all of the owners of any
interest in the property; or
c. Evidence that none of the improvements required to
be made have been made within two years from the
date the final map was filed for record, or within
the time allowed by agreement for completion of the
improvements, whichever is later; or
d. Evidence that no lots shown on the final map have
been sold within five years from the date such
final map was filed for record; and
e. A tentative map in the form prescribed by the Board
of Supervisors; or
f. A final map in the form prescribed by the Board of
Supervisors which delineates dedications which will
not be vacated and dedications which will be
required as a condition of reversion.
616 OC -1
Sec. 8287 -1 - FEES - Petitii
.� shall be accompanied by the
of Supervisors resolution.
pursuant to Section 8286 -1,
the Board of Supervisors to
the required red fees.
Dns to revert property to acreage
required fees prescribed by Board
If the proceedings are initiated
the person or persons who request
initiate the proceedings shall pay
Sec. 8287 -2 - ?ROC:'ED-TiNGS BEFORE THE BOARD OF SUPERVISORS -
A public hearing on.the proposed reversion to acreage shall be
held before the Board of Supervisors. Notice of the public
hearing shall be given as provided in Section 8250 -1(c) of
this Chapter. The Board of Supervisors may give such other
notice as it may deem necessary or advisable.
a. The Board of Supervisors may approve a reversion
to acreage only if it finds that:
1. Dedications or offers of dedication to be
vacated or abandoned by the reversion to
acreage are unnecessary for present or
prospective public purposes; and,
2. Either:
(a) All owners of an interest in the
real property within the subdivi-
sion have consented to the rever-
sion; or
(b) None of the improvements required
to be made have been made within two
years from the date the final map was
filed for record, or within the time
allowed by agreement for completion
of the improvements, whichever is
later; or
(c) No lots shown on the final mam have been
sold within five years from the date
such map was filed for record.
b. The Board of Supervisors may require as conditions
of the reversion:
1. That the property owners dedicate or offer to
dedicate streets or easements;
2. That all or a portion of previously paid
subdivision fees, deposits or improvement
_. securities be retained if the same are
necessary to accomplish any of the provisions
of this Code.
617 OC -1
Sec. 8287 -3 - FINAL MAP - After the hearing before the Board
of Supervisors and approval of the reversion, the final map
for reversion shall be delivered to the County Surveyor for
review pursuant to Section 8262 of this Chapter and, after
approval by the County Surveyor, shall be delivered to the
County Recorder for recordation. The final map for reversion
shall contain a certificate signed and acknowledged by all
parties, excepting those whose signatures would not otherwise
have been required pursuant to Sections 66436(a), (b) and (c)
*of the Subdivision Map Act, having any record title interest
in the property consenting to the preparation and recordation
of said final map.
Sec. 8287 -4 - EFFECT OF FILING REVERSION MAP WITH THE COUNTY
RECORDER - Reversion shall be effective upon the finar map =or
revers n being filed for record by the County Recorder. Upon
filing, all dedications and offers of dedication not shown on
the Final map for reversion shall be of no further force and
effect.
Sec. 8287 -5 - RETURN OF FEES, DEPOSITS; RELEASE OF SECURITIES -
Except as otherwise provided in this Chapter or in Section
66499.19 of the Subdivision Map Act, upon filing of the final
map for reversion by the County Recorder, all original fees
and deposits designated for refund by the Board of Supervisors
shall be returned and all original improvement securities shall
be released.
618 OC -1
ARTICLE 14 - REVERSION TO ACREAGE BY PARCEL MAP
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8290 - REVERSION TO ACREAGE BY PARCEL MAP - Property
previously sub ivi ed by parcel map may be reverted to acreage
by parcel map pursuant to the provisions of the Subdivision
Map Act and of this Article.
Sec. 8291 - INITIATION OF PROCEEDINGS - Proceedings may be
initiated by petition of all of the owners of record of the
property or by resolution of the Board of Supervisors. An
owners' petition shall be in a form prescribed by the Planning
Division and shall be accompanied by:
a. Evidence of title.
b. Evidence of nonuse or lack of necessity of any
streets or easements to be vacated or abandoned;
c. A parcel map in a form prescribed by the Planning
Division which delineates any streets or easements
which are to remain in effect after the reversion.
Sec. 8292 - FEE - The petition shall be accompanied by the
required fees prescribed by Board of Supervisors resolution.
Sec. 8293 - PROCEEDINGS - The proposed reversion to acreage
shall be cons1 Bred by the Advisory Agency. Notice of any
meetings held to consider the proposed reversion may be given
as deemed necessary or advisable by the Advisory Agency. The
Advisory Agency may approve the petition if it makes the
findings required under Section 8287 -2 of this Chapter. The
Advisory Agency may also impose any of the conditions
authorized in said Section 8287 -2.
Sec. 8293 -1 - PARCEL :MAP - After approval of the petition, the
parcel map for reversion shall be delivered to the County
Surveyor for review pursuant to Section 8262 of this Chapter
and, after approval by the County Surveyor, shall be recorded
in compliance with Section 66499.20 -1/2 of the Subdivision
Map Act. The parcel map for reversion shall contain a certifi-
cate signed and acknowledged by all parties, excepting those
whose signatures would not otherwise have been required
pursuant to Sections 66436(a), (b) and (c) of the Subdivision
Map Act, having any record title interest in the property
consenting to the preparation and recordation of said parcel
map.
Sec. 8293 -2 - EFFECT OF FILING PARCEL MAP - The recording of
the parcel map for reversion shall constitute a legal rever-
sion to acreage of the land, abandonment of all streets and
easements not shown on the parcel map, and a merger of the
previously separate parcels into one parcel which shall
thereafter be shown as such on the assessment roll.
619 OC -1
ARTICLE 15 - MONUMENTS
(Enacted by Ord. 3105 - 12/30/75)
(Amended by Ord. 3457 - 9/11/79)
Sec. 8295 - FINAL MAP OR PARCEL MAP MONUMENTS - At the time of making
the survey for the final map or parcel map, unless a survey is not
required by either the Subdivision Map Act or this Chapter, the
engineer or surveyor shall set sufficient durable monuments to conform
to the standards prescribed in Section 8771 of the Business and Pro-
fessions Code so that another engineer or surveyor may readily retrace
the survey. A minimum of one exterior boundary line of the land being
subdivided shall be monumented or referenced before the final map or
parcel map is recorded. All other required monuments shall be set
within one year following recordation of the final map or parcel map.
The monuments shall be set as follows:
(a) Exterior boundary monuments shall be set at or near each
boundary corner and at intermediate points approximately
1000 feet apart, or at such lesser distances as may be
necessary due to topography in order to ensure accuracy
in reestablishment of any point or line without unreason-
able difficulty.
(b) Centerline monuments shall be set to mark the intersec-
tions of all roads, streets, alleys or ways. Centerline
monuments shall also be set to mark either the beginning
or end of curves or the points of intersection of tan-
gents thereof.
(c) Corner monuments shall be set at or near each corner;
provided, however, that the County Surveyor may waive
the requirements of this subsection (c) with respect
to such corner monuments as he may deem unnecessary.
Sec. 8295 -1 - MONUMENT CONSTRUCTION - All exterior boundary monuments
set either shal be o new galvanized iron pipe not less than one and
one -half inches inside diameter and eighteen inches long or shall be
of such other type and dimensions as may be approved by the County
Surveyor. All lot corner monuments shall be of a new galvanized iron
pipe not less than one -half inch inside diameter and fifteen inches
long, or be leads and tacks, or be steel pins. Centerline monuments
shall be of new galvanized iron pipe not less than one and one -half
inches inside diameter.and fifteen inches long. At locations desig-
nated by the County Surveyor, not exceeding four per one hundred lots
or fraction thereof, monuments constructed to the requirements of the
Ventura County Improvement Standards and Specifications shall be placed
in lieu of monuments constructed to the standards otherwise specified
in this Section. The subdivider shall also provide proper ties to the
location of the centerline monuments and these ties shall be shown on
a tie sheet of a form approved by the County Surveyor. A minimum of
three such ties shall be required for each monument. All monuments set
shall be permanently marked or tagged with the engineer's or surveyor's
certificate number.
620 OC -2
Sec. 8295 -2 - MONUMENT BOND - If the monuments are to be set
following the su missions the final map or parcel map to the
County Surveyor for his certificate, an improvement agreement for
the placement of such monuments shall be executed. Such improve-
ment agreement shall meet the requirements of Article 11 of this
Chapter and shall be secured by improvement security meeting the
requirements of Article 12 of this Chapter. In determining the
amount of the improvement security, the County Surveyor shall make
the necessary estimate of the cost to set monuments not already
existing.
621 OC -2
Ir -
ARTICLE 16 - ENVIRONMENTAL IMPACT AND GRADING EROSION CONTROL
L
'k-.1
(Enacted by Ord. 3105 - 12/30/75)
Sec. 8296 - ENVIRONMENTAL IMPACT - No map filed pursuant to
the provisions of this code sha 1 be approved until an
environmental impact analysis is prepared, processed and
considered in accordance with the provisions of the California
Environmental Quality Act of 1970 (Public Resources Code
Sections 21000 et sec.). The subdivider shall provide such
data and information and deposit and pay such fees as may be
required to reimburse County costs for preparation and /or
orocessina of environmental review documents as specified
by Board of Supervisors resolution.
Sec. 8296 -1 - GRADING AND EROSION CONTROL - Every map approved
pursuant to this Co a 1 comply with the requirements for
grading and erosion control, including the prevention of
sedimentation or damage to off -site property, set forth in
the'Ventura County Improvement,Standards and Specifications
and County ordinances.
622 OC -1
to be benefited, then the proposed proceedings shall
be abandoned, and the Board of Supervisors shall
not, for one year from the filing of that written
protest, commence or carry on any proceedings .
for the same improvement or acquisition under
the provisions of this Section and Section 66484
of the Subdivision Map Act.
Nothing in this subsection (d) shall preclude the
processing and recordation of maps in accordance
with Lther provisions of this Code and Subdivision
Map Act if proceedings are abandoned.
Any protests may be withdrawn by the property
owner making the same, in writing, at any time
prior to the conclusion-of the required public
hearing.
If any majority protest is directed against only
a portion of the improvement, then all further
proceedings under the provisions of this Section
and Section 66484 of the Subdivision Map Act to
construct that portion of the improvement so pro-
tested against shall be barred for a period-of
one year, but the Board of Supervisors shall not
be barred from commencing new proceedings not
including any part of the improvement or
acquisition so protested against. Nothing in
this subsection (d) shall prohibit the Board of
Supervisors, within such one -year period, from
commencing and carrying on new proceedings for the
construction of a portion of the improvement so
protested against if it finds, by the affirmative
vote of four - fifths of its members, that the
owners of more than one -half of the area of the
property to be benefited are in favor of going
forward with such portion of the improvement or
acquisition.
e. Fees paid pursuant to this Section shall be
deposited in a planned bridge facility or major
thoroughfare fund. A fund shall be established
for each planned bridge facility project or each
planned major thoroughfare project. If the
benefit area is one in which more than one bridge
is required to be constructed, a fund may be
established covering all of the bridge projects
in the benefit area. Moneys in such fund shall
be expended solely for the construction of reim-
brusement for construction of the improvement
_ serving the area to be benefited and from which
the fees comprising the fund were collected, or
`. to reimburse the County for the cost of constructing
the improvement.
624 OC -1
f. In addition to those powers and obligations
specifically set forth in this Section, the
County and subdivider shall have all of the
respective powers and obligations set forth
in Section 66484 of the Subdivision Map Act.
Sec. 8297 -1 - DEDICATIONS FOR SCHOOL PURPOSES - Any subdivider
who has owned the land being sub Zvi a or ess than ten years
prior to the filing of the tentative map who is developing or
completing the development of one or more subdivisions in one
or more school districts maintaining an elementary school shall
be required to dedicate to the school district, or districts,
within which such subdivisions are to be located, such land as
the Board of Supervisors shall deem to be necessary for the
purpose of constructing thereon such elementary schools as are
necessary to ensure adequate public school service for the
residents of the subdivision. This requirement of dedication
shall be imposed. at the time of approval of the tentative map,
and the County, school district(s) and subdivider(s) affected
shall have all of the respective powers and obligations set
forth in Section 66478 of the Subdivision Map Act with respect
to such dedications.
Sec. 8297 -2 - RESERVATIONS FOR PUBLIC USES - As a condition of
approval of any subdivision, the tentative map of which is
filed subsequent to the adoption of a specific plan or a
�- General Plan community Facilities Element, a General Plan
Recreation and Parks Element or a General Plan Public Building
Element containing definite principles and standards regarding
the determination of need for and location of public uses of
land, the subdivider may be required to reserve areas of real
property within the subdivision for parks, recreational
facilities, fire stations, libraries or other public uses,
pursuant to the provisions and subject to the powers and
obligations set forth in Sections 66479 et sea_. of the
Subdivision Map Act.
Sec. 8297 -3 - COST OF DRAINAGE AND SEWER FACILITIES - As a
condition of approval of any subdivision, the tentative map
of which is filed no sooner than thirty days after the adoption
of any applicable drainage or sanitary sewer plan for a
particular drainage or sanitary sewer area, the subdivider
may be required to pay fees or- considerations in lieu thereof
for the purpose of defraying the actual or estimated costs
of constructing planned drainage facilities for the removal
of surface and storm waters from local or neighborhood
drainage areas and of constructing planned sanitary sewer
facilities for local sanitary sewer areas pursuant to the
provisions of, and subject to the conditions, powers and
obligations set forth in, Section 66483 of the Subdivision
Map Act.
625 OC -1
Sections 8297 -4 through 8297 -4.9, except Section 8297 -4.1, are
amended by ORD. 3456- 9/11/79
Sec. 8297 -4 - PARKS AND RECREATION FACILITIES -
a. As a condition of the subdivision of land, the subdivider
shall dedicate a portion of such land and /or pay a fee for
the purpose of providing park and recreational facilities
to serve the future residents of the property being sub-
divided. This requirement shall apply to all subdivisions
except those which:
1. Are exempted by Section 66477 of the Subdivison Map Act;
or
2. Are a redivision of four or less existing contiguous
parcels or lots which does not result in the creation
of a greater number of parcels or lots than existed
immediately prior to such redivision; or
3. Will not result in the creation of any parcel or lot
which, under the zoning regulations applicable at the
time the tentative map is approved, and without the
prior issuance of a conditional use permit or other
discretionary entitlement, could be developed so as to
increase the total number of dwelling units on such
parcel or lot; provided, however, that this exemption
shall not apply to condominium projects or stock
cooperatives which consist of the subdivision of air-
space in an existing apartment building which is less
than five years old.
b. If the proposed subidivision contains 50 parcels or less,
the subdivider shall not dedicate any land for park and
recreational purposes but shall pay a fee equal to the fair
market value of land which would otherwise be dedicated plus
improvement costs as determined in accordance with the pro-
visions of this Article.
c. When reference is made to the "appropriate Park District"
in this Article, it shall mean the legally created and
constituted park and recreation district which services the
area within which the proposed subidivision is located or,
if no such district is in existence, the Ventura County
Property Administration Agency.
AM. ORD. 3456 - 9/11/79; A.M. ORD. 3510- 12/16/80
Sec. 8297 -4.1 - Relation of Land Required to Population Density -
Based upon the principles and standards of the Recreation Element
of the Ventura County General Plan, it is hereby found and
determined that the public interest, convenience, health, welfare
and safety require that five net acres of property for each one
thousand persons residing within the County be devoted to local
park and recreational purposes (as defined in the Recreation
Element of the Ventura County General Plan), exclusive of and in
626 OC -3
addition to:
a. School lands used cooperatively for recreational purposes,
and
b. Lands purchased and /or developed for the purposes of a
regional park (as defined in the Recreation Element of
the Ventura County General Plan),
ADDED BY ORD. 3216 - 7/6/76
Sec. 8297 -4.2 - Determination of Population Density - Popula-
tion density, for the purposes of park and recreational require-
ments, shall be determined in accordance with the following
standards:
a. Single - family detached dwelling - 3.22 persons per dwell-
ing unit;
b. Multi- family dwelling - 2.00 persons per dwelling unit;
c. Mobile home - 1.74 persons per dwelling unit.
The basis for determining the total number of each type of
dwelling unit shall be the number of new dwelling units pro-
posed by the subdivider for the property being subdivided.
The term "new dwelling units" does not include dwelling units
lawfully in place prior to the date on which the tentative map
is approved or dwelling units which, under the zoning regula-
tions applicable at the time the tentative map is approved,
could be built on the property without the prior issuance of
a conditional use permit or other discretionary entitlement.
AM. ORD. 3456 - 9/11/79; AM. ORD. 3510- 12/16/80
Sec. 8297 -4.3 - Land Dedication Formula - The amount of land
required to be dedicated by a subdivider for park and recre-
ational purposes shall be based upon the additional population
expected to be generated by the proposed subdivision, and shall
be computed on the basis of five net acres for each one thousand
persons. The amount of additional population expected shall be
determined by multiplying the number of new dwelling units
proposed for the gross area within the subdivision by the number
of persons anticipated to reside within each new dwelling unit
as specified in Section 8297 -4.2. The number of additional per-
sons expected to reside within the subdivision according to the
above computation shall be divided by one thousand and the result
shall be multiplied by five to determine the amount of acreage to
be dedicated.
In the event the area to be dedicated is bounded or abutted by
existing or proposed street frontage, the subdivider shall, at the
time of approval of the tentative map, obligate himself by condition
to said map to provide curbs, gutters, sidewalk, drainage facilities,
627 OC -3
street lighting, stop lights, street signs, matching pavement
and street trees to full County standards, to stub -in requested
utility line services to the park facility, to provide all
standard improvements required by the appropriate Park District
plus initial on -site grading required for developing the park
facility; provided, however, that, with the approval of the
Advisory Agency or Board of Supervisors, whichever acts last on
the tentative map, and the appropriate Park District, and in
lieu of making said improvements, the subdivider may pay a sum
equal to 20 percent of the fair market value of the dedicated
land to cover the cost of said improvements. Fair market value
shall be determined, as of the date on which the parcel or final
map is filed, in the manner set forth in Section 8297 -4.4.
AM. ORD. 3456- 9/11/79
627 -1 OC -1
Sec. 8297 -4.4 - Amount of Fee In Lieu of Land Dedication -
When a fee is to be paid in lieu of land dedication, the
amount of such fee shall be based upon the fair market value
of the amount of usable park land which would otherwise be
required to be dedicated pursuant to Section 8297 -4.3, and
shall be determined in accordance with the following formula:
the number of acres of land which would otherwise be required
to be dedicated multiplied by the average fair market value
of an acre of usable park land within the subdivision. The
term "usable park land" means land having a terrain of less
than four percent slope. Fair market value shall be deter
mined, as of the date on which the parcel or final map is
filed, as follows:
a. The Planning Division, the appropriate Park District,
and the subdivider may agree to the fair market value;
or
b. If the Planning Division, the subdivider, and the
appropriate Park District are unable to agree to the
fair market value, either party may, at the subdivider's
expense, obtain an appraisal of the property by an
impartial qualified real estate appraiser approved by
the Planning Division and the appropriate Park District,
which appraisal shall be considered by the Planning
Division and the appropriate Park District in reaching
a decision as to fair market value. The Planning Divi-
sion and the appropriate Park District decision shall
be final and conclusive.
In addition to the fee to be paid in lieu of land dedication,
the subdivider shall also pay an amount equal to 20 percent
of the in -lieu fee to provide curbs, gutters, drainage facili-
ties, street lighting, stop lights, sidewalks, street signs,
matching pavement and street trees to full County standards,
stubbing -in of requested utility line services to the park
facility, all standard improvements required by the appro-
priate Park District, and initial on -site grading required
for developing the park facility. If plans have been estab-
lished for a park site to be purchased totally or in part
with said funds, this additional contribution may, at the
discretion of the Planning Division and the appropriate Park
District, consist of development of the planned site on a
pro rata basis in the same ratio as the cash paid in lieu of
dedication bears to the total cost of the planned park.
Where the Planning Division, the appropriate Park District,
and the subdivider all so agree, all or part of the in -lieu
fee and any additional improvement fee may, instead of being
paid in cash, be paid by making improvements of equivalent
value to existing or projected parks either inside or outside
of the subdivision. The estimated cost of such improvements
628 OC -2
shall be determined in the manner provided in Article 11 of
this Chapter for estimating the cost of improvements to a
subdivision, and such estimated cost, less the 10 percent
increment for contingencies, shall be deemed to be the value
of such improvements for the purposes of offsetting fees
pursuant to this Section. Such improvements shall be pro-
vided for by an improvement agreement and improvement security
meeting the requirements of Article 11 of this Chapter.
Sec. 8297 -4.5 - Credit for Private Open Space - Where usable
private open space for park and recreational purposes is pr..o-
vided in a proposed subdivision and such space is to be
privately owned and maintained by the future residents of the
subdivision, up to a maximum of 50 percent of such private
open space may be credited against the requirement of land
dedication or payment of fees in lieu thereof if the Advisory
Agency or Board of Supervisors, whichever acts last on the
tentative map, finds that it is in the public interest to do
so and that all of the following standards are met:
a. That yards, setbacks, and other open areas required
to be maintained by the zoning and building provisions
of this Code shall not be included in computing the
amount of such private open space; and
b. That the private ownership and maintenance of the open
space shall be adequately provided for in writing; and
c. That the use of the private open space shall be
restricted for park and recreational purposes by
recorded covenants which run with the land in favor
of the future owners of the property within the
subdivision and which cannot be eliminated without
the consent of the appropriate Park District; and
d. That the proposed private open space is reasonably
adaptable for use for park and recreational purposes,
taking into consideration such factors as size, shape,
space, topography, geology, access, and the location
of the private open space; and
e. That the facilities proposed for the private open
space are in substantial compliance with the pro-
visions of the Recreation Element of the Ventura
County General Plan and the requirements of the
Planning Division and the appropriate Park Dis-
trict.
The Advisory Agency or Board of Supervisors, whichever acts
last on the tentative map, shall determine what percentage
of credit, up to the maximum of 50 percent, shall be allowed
in the particular subdivision to which the map pertains'.
629 OC -2
Sec. 8297 -4.6 - Choice and Method of Dedication of Land and /or
Pavment of Fees - The procedure for determining whether a sub-
divider is to dedicate land, pay a fee in lieu thereof, or do
both shall be as follows:
a. At the time of filing a tentative map for approval,
the subdivider of the property shall, as a part of
the filing, indicate whether he desires to dedicate
property for park and recreational purposes or whether
he desires to pay a fee in lieu thereof. If he
desires to dedicate land for such purposes, he shall
propose the area thereof on the tentative map as
submitted or, if the land lies outside of the sub-
division, he shall submit a legal description of
such land together with the tentative map.
b. For a subdivison requiring the approval of a tentative
and a parcel map, the Advisory Agency and the appropriate
Park District shall determine whether to require dedi-
cation of land, the payment of a fee in lieu thereof, or
a combination of both. The dedication of land lying
outside of the subdivision may be required only if the
subdivider has indicated that he desires to dedicate
such land. In the event that a dedication of land is
required, the Advisory Agency and the appropriate Park
District shall determine prior to approval of the
tentative map the location of the dedication. In the
event that in -lieu fees are to be required, the Advisory
Agency and the appropriate Park District shall determine
prior to approval of the tentative map the amount of
land for which in -lieu fees are to be accepted.
For a subdivision requiring the approval of a tentative
and a final map, the Board of Supervisors and the
appropriate Park District shall determine whether to
require dedication of land, the payment of a fee in
lieu thereof, or a combination of both. The dedication
of land lying outside of the subdivision may be required
only if the subdivider has indicated that he desires to
dedicate such land. In the event that a dedication of
land is required, the Board of Supervisors and the
appropriate Park District shall determine prior to
approval of the tentative map the location of the dedi-
cation. In the event that in -lieu fees are to be
required, the Board of Supervisors and the appropriate
Park District shall determined prior to approval of the
tentative map the amount of land for which in -lieu fees
are to be accepted.
630 OC -2
c. ;then land dedication is required, it shall be accom-
plished in accordance with the provisions of the Sub-
division Map Act and of Section 8297 -4.7. When fees
are required, they shall be deposited with the appro-
priate Park District prior to recordation of the parcel
or final map, except as otherwise provided in Section
8297 -4.4 with respect to fees paid by making improve-
ments to existing or projected parks rather than by
paying cash. If a subdivision covered by a tentative
map is recorded in phases, the in -lieu fees shall be
allocated pro rata amongst the various phases according
to the relative area covered by the parcel or final maps
constituting such phases. All fees so deposited shall
be held until such time as the parcel or final map is
approved, rejected, or withdrawn by the subdivider. If
the parcel or final map is rejected or withdrawn, the
fees so deposited shall be returned without interest to
the subdivider. Open space covenants for private park
or recreational facilities must be approved by the Plan-
ning Division upon the advice of the County Counsel and
the appropriate Park District prior to approval of the
parcel or final map, and shall be recorded concurrently
with the parcel or final map.
d. The determination whether to require a land dedication,
the payment of a fee in lieu thereof, or a combination
of both, shall be made upon consideration of the follow-
ing factors:
1. The Recreation Element of the Ventura County
General Plan;
2. The topography, geology, access and location
of the land available for dedication;
3. The size and shape of the subdivision and the land
available for dedication;
4. The location of existing or proposed park sites
and trailways; and
5. The desirability of developing the land proposed
for dedication for park and recreational purposes
as determined by review and a schematic site plan
submitted by the subdivider.
Sec. 8297 -4.7 - Conveyance of Land - Real property dedicated
under the provisions ot Section 8297 -4 et sea. of this Article
shall be conveyed by grant deed in fee simple absolute to the
appropriate Park District by the subdivider free and clear of
all encumbrances except those which will not interfere with
use of the property for park and recreational purposes and
631 OC -2
which the applicable Park District agrees to accept. Required
deeds shall be deposited with the appropriate Park District
prior to recordation of the parcel or final map. If the
subdivision covered by a tentative map is recorded in phases,
said deeds covering all the land to be dedicated on account of
such subdivision shall be so deposited prior to recordation of
the parcel or final map constituting the first phase. The
deeds shall be held by the appropriate Park District until
such time as the parcel or final map is approved, rejected, or
withdrawn by the subdivider. If the parcel or final map is_
rejected or withdrawn, the deeds shall be returned to the
subdivider. The subdivider shall provide all fees and instru-
ments required to convey the land plus title insurance in
favor of the appropriate Park District in an amount equal to
the value of the property being conveyed.
Sec. 8297 -4.8 - Time of Commencement of Development - Any fees
collected pursuant o Section 8297 -4 et se of this Article
t
shall be committed within Mthe Atime
orl=if notpsolcommittedection
66477 of the Subdivision P
shall be distributed as provided in said Section 66477.
Sec. 8297 -4.9 - Limitation on Use 97 Land and Fofsthis The
Article
and fees received under Section 8297 -4 et se ark and
shall be used only-for the purpose of providing p
recreational facilieifeesato amount an
location l
or
to be dedicated, th
combination of dedication an fees
andsrecreationalrfacilities
relationship to the use of p.
by the future inhabitants of the subdivision.
632 OC -2