§ 8201-6. Definitions.

Whenever any words or phrases used in this Chapter are not defined herein, but are defined in the Subdivision Map Act or in any other chapter of this Division, such definitions shall be deemed incorporated herein and shall apply as though set forth in full in this Chapter.

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 map waivers, or having the authority to conduct the hearings relating to notices of violation as specified in this Chapter and the Subdivision Map Act.

(a)

For subdivisions which require the 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. In such capacity, the Planning Commission shall make recommendations as to findings, requirements, conditions, approvals and disapprovals, but shall not be empowered to approve, conditionally approve or disapprove tentative maps.

(b)

For subdivisions which require the preparation of a tentative map and a parcel map, or the preparation of a map waiver, the Planning Director shall constitute the Advisory Agency, unless the Planning Director defers to the Planning Commission, in which case the Planning Commission shall constitute the Advisory Agency. In such capacity, the Planning Director, or in cases of deferral the Planning Commission, shall make all findings required by this Chapter and the Subdivision Map Act, and shall approve, conditionally approve or disapprove tentative maps or map waivers.

(c)

For hearings relating to notices of violation, a committee of three comprised of the County Surveyor, the Planning Director and the Resource Management Agency Enforcement Officer, or their respective designees, shall constitute the Advisory Agency and all actions of such committee shall be by majority vote of its members.

(d)

For hearings relating to certificates of compliance held pursuant to Section 8212-3.3, the Advisory Agency shall be the same as the Advisory Agency for hearings relating to notices of violation.

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 subdivisions and findings related thereto, the imposition 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 respecting all actions taken by the Planning Director as an Advisory Agency from which actions a right to appeal is granted by this Chapter or the Subdivision Map Act. The Board of Supervisors shall constitute the Appeal Board respecting all actions taken by the Planning Commission as an Advisory Agency or as an Appeal Board from which actions a right to appeal is granted by this Chapter or the Subdivision Map Act.

Buildable Site. "Buildable site" means a site on a lot which is suitable for construction of a main building and is reasonably free from soils and geologic hazards such as seismicity, liquefaction, settlement, landsliding, mudsliding, and flood hazards, and to which there is reasonable access.

CEQA. "CEQA" means the California Environmental Quality Act, codified as Division 13 (commencing with Section 21000) of the Public Resources Code and such amendments and additions thereto as may be made from time to time by the California Legislature.

Contiguous. Lots are "contiguous" when they touch each other at any point or when they are in close proximity to each other and are so situated as to be reasonably developable as a single unit. Lots may be contiguous even when separated by a strip of land over which some person or entity, other than the owner of the lots, has some property interest, including fee title or some lesser interest and as a leasehold or easement. Examples of such strips of land which normally will not prevent lots from being contiguous, include roads and streets other than freeways, utility easements, railroad rights-of-way, canals and drainage channels.

County Surveyor. "County Surveyor" means the Director of the Ventura County Public Works Agency or his duly authorized representative.

Filed. For the limited purpose of commencing the time periods prescribed by Section 66452.1 of the Subdivision Map Act and Sections 8205-5.2 and 8205-5.3 of this Code for the reporting or acting upon tentative maps, a tentative map for which a complete application has been submitted shall be deemed to be "filed" with the clerk of the Advisory Agency on the filing date established as follows:

(a)

In cases where the subdivision is exempt from the requirements of CEQA, the Planning Director shall prepare and sign a notice of exemption and the filing date of the tentative map shall be the date on which such notice is signed.

(b)

In cases where a negative declaration or a mitigated negative declaration is required under CEQA, the Planning Director shall prepare and sign a proposed negative declaration or a proposed mitigated negative declaration and the filing date for the tentative map shall be the date on which such proposed declaration is signed.

(c)

In cases where an environmental impact report is required under CEQA, the filing date for the tentative map shall be either the date on which the Advisory Agency having authority to approve, disapprove or conditionally approve the tentative map and to certify the environmental impact report opens its public hearing for such purposes or the date on which the environmental impact report is certified, whichever date is earlier.

For the purposes of Sections 66452.6, 66457 and 66463.5 of the Subdivision Map Act and Section 8205-8.1 of this Code, a final map shall be deemed to be "filed" with the legislative body and a parcel map shall be deemed to be "filed" with the County Surveyor on the date it is submitted to the County Surveyor in a form and condition which would permit the County Surveyor to sign the certificate specified in Section 8206-2 of this Code. For the purpose of Sections 8206-1 and 8206-4 of this Code, a final map or parcel map is "filed" for record when the County Recorder accepts it for filing pursuant to Section 66466 of the Subdivision Map Act.

Flag Lot. "Flag lot" means a lot whose general configuration is in the shape of an "L" or "T," and which takes access from the street by means of a strip (staff) which is part of the lot.

Hillside Area. "Hillside area" means any area within a proposed subdivision which has a slope in excess of 20 percent.

Legislative Body. "Legislative body" means the Board of Supervisors.

Lot. "Lot" means an area of land having fixed boundaries depicted on or described by a tentative map, final map, parcel map or instrument of conveyance for the purpose of defining land to be held, actually or potentially, in fee title as a discrete unit; provided that streets, alleys and similar rights-of-way, whether held in fee or otherwise, are not lots. Condominium units that consist of airspace, as opposed to divisions of land, are not lots. Mere easements and licenses are not lots. Except where otherwise specified in this Chapter, references to lots are intended to include remainder parcels and parcels offered for dedication.

Lot Area, Gross. "Gross lot area" and "gross area" mean the total area, measured in a horizontal plane, within the lot lines of a lot.

Lot Area, Net. "Net lot area" and "net area" mean lot area less the area within any existing or proposed public or private street, road, or easement for ingress or egress, and less the area within any existing or proposed easement wherein the owner of the lot is prohibited from using the surface of the land. Included in the "net area" is the area lying within public utility easements, sanitary sewer easements, landscaping easements, public service and tree maintenance easements, and open space easements, flowage easements, subsurface drainage easements, subsurface flood control easements, and other such easements wherein the owner of the lot is not prohibited from using the surface of the land.

Lot, Legal. "Legal lot" means a lot that met all local subdivision ordinance and Subdivision Map Act requirements when it was created, still exists, and can be lawfully conveyed in fee as a discrete unit separate from any contiguous lot. "Legal lot" also means a lot for which a certificate of compliance or a conditional certificate of compliance has been issued under this Chapter and the Subdivision Map Act and the boundaries of which have not subsequently been altered by merger or further subdivision.

Lot Line Adjustment. "Lot line adjustment" means any boundary line adjustment between two or more adjacent lots under the same or different ownership where land taken from one lot is added to an adjacent lot and where neither a greater nor a lesser number of lots than originally existed is created.

Parcel. For the purposes of this Chapter, the word "parcel" shall have the same meaning as the "lot" and the two words shall be synonymous.

Parent Parcel. "Parent parcel" means all of the property from which a subdivision is, or was, created. For example, if a subdivision divides one original lot into two new lots, the original lot is the parent parcel for that subdivision, and if a subdivision merges and resubdivides two original lots into five new lots, the combined area of the two original lots is the parent parcel.

Permanent Domestic Water Supply. "Permanent domestic water supply" means a supply or supplies of potable water to be provided by a system or systems approved by a public health agency of the State of California or the Environmental Health Division of the Ventura County Resource Management Agency and the Ventura County Public Works Agency in a quantity sufficient to supply adequately and continuously the total domestic requirements of all consumers under maximum demand conditions. Potability shall be determined in accordance with standards established by the State of California and the Environmental Health Division. For the purposes of this section, maximum demand condition for permanent domestic water supply systems is determined as follows:

(a)

For water systems with less than five service connections, maximum demand condition shall be five gallons per minute at 20 pounds per square inch for each service connection provided; and

(b)

For water systems with five or more service connections, maximum demand conditions shall be the greater of (1) the user average day demand plus the minimum applicable fire flow specified in the Ventura County Water Works Manual, or (2) the user maximum hour demand, as provided in Section 64566 of Title 22 of the California Code of Regulations.

Planning Director. "Planning Director" means the Deputy Director — Resource Management Agency for the Planning Division, or his or her designee.

Remainder Parcel. "Remainder Parcel" means that portion of a parent parcel which is not created for purposes of sale, lease or financing, including any portion of a parent parcel that is either a "designated remainder" or an "omitted parcel" within the meaning of Section 66424.6 of the Subdivision Map Act, and also means any portion of a parent parcel that is designated as a "Remainder Parcel" pursuant to Section 8206-1.14. Except as otherwise provided in this Chapter, a remainder parcel is a lot for all purposes of this Chapter.

Subdivider. "Subdivider" means any person, firm, corporation, partnership or association which is a subdivider as defined in Section 66423 of the Subdivision Map Act and, in addition, the following:

(a)

With respect to a subdivision ordered by a probate court to effect a testamentary disposition, the estate of the testator;

(b)

With respect to a subdivision ordered by a court in a partition action pursuant to Title 10.5 (commencing with Section 872.010) of Part 2 of the Code of Civil Procedure, any plaintiff in such action and any owner of the subject property who consents to the partition; or

(c)

With respect to a subdivision ordered by a court in a partition proceeding pursuant to Chapter 18 (commencing with Section 1100) of Division 3 of the Probate Code, any heir, devisee or legatee entitled to the distribution of undivided interests in the subject property who petitions for or consents to the partition.

Subdivision. "Subdivision" means any division of land which is a subdivision as defined in Section 66424 of the Subdivision Map Act and, in addition, any of the following:

(a)

The division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized County assessment roll as a unit or as contiguous units, for the purpose of any transfer, whether immediate or future, of the right to the exclusive possession of the surface of the land or portions thereof;

(b)

A lot line adjustment; or

(c)

A condominium project or common interest development, as defined in Section 1351 of the Civil Code or a community apartment project, as defined in Section 11004 of the Business and Professions Code.

Subdivision Map Act. "Subdivision Map Act" means the provisions of Division 2 (commencing with Section 66410) of Title 7 of the California Government Code and such amendments and additions thereto as may be made from time to time by the California Legislature.

Ventura County Flood Control District Comprehensive Plan for Flood Control Channels. "Ventura County Flood Control District Comprehensive Plan for Flood Control Channels" means the document entitled "A Comprehensive Plan of Field Control—Ventura County Flood Control District" dated November 1959 and originally adopted by the governing board of the Ventura County Flood Control District on April 19, 1960, as thereafter amended from time to time by action of said board.

Ventura County Flood Plain Management Ordinance. "Ventura County Flood Plain Management Ordinance" means Ventura County Ordinance No. 3841 as amended by Ventura County Ordinance Nos. 3890 and 3902 and as thereafter amended from time to time.

Ventura County Improvements Standards and Specifications. "Ventura County Improvements Standards and Specifications" means the latest revisions of the following documents adopted, from time to time, by the Board of Supervisors, and any other documents incorporated by reference therein:

(a)

Ventura County Standard Land Development Specifications;

(b)

Ventura County Road Standards;

(c)

Ventura County Water Works Manual;

(d)

Ventura County Sewerage Manual;

(e)

Ventura County Flood Control District Design Manual; and

(f)

Ventura County Flood Control District Hydrology Manual.

Pursuant to Section 66462, subsection (b), of the Subdivision Map Act, the Ventura County Improvement Standards and Specifications are adopted by reference and three copies thereof shall be on file with the Clerk of the Board of Supervisors.

(Am. Ord. 4083—12/20/94; Am. Ord. 4334—12/6/05; Am. Ord. 4382—3/18/08)