§ 8202-3. Waivers.

A tentative map and a final map or parcel map shall, upon proper application therefor, be waived in the following cases:

(a)

Lot Line Adjustments—Lot line adjustments involving only legal lots are eligible for map waiver provided that the Advisory Agency has issued written findings that the adjustment is consistent with applicable building ordinances, and that either (1) all of the resulting lots will conform to all applicable zoning requirements, or (2) no conforming lot will be made nonconforming with applicable zoning requirements and the adjustment will not reduce the aggregate area of all affected lots which do not meet the minimum area requirements of their zoning designations;

(b)

Large Lot Subdivisions—Subdivisions (other than condominium conversions, community apartment projects and stock cooperative conversions) which create no more than four lots, including any remainder parcel, each of which has a gross area of at least forty (40) acres or is not less than a quarter of a quarter section are eligible for map waiver provided that the Advisory Agency has issued written findings that (1) the subdivision meets all of the requirements of this Chapter and the Subdivision Map Act for a subdivision by parcel map except only those requirements set forth in Section 8206-1.1 of this Chapter and in Section 66448 of the Subdivision Map Act and such other requirements as may be waived by the Advisory Agency pursuant to this Section, and (2) no injury would be done to the public health, safety or welfare by permitting the subdivision to occur without a field survey;

(c)

Lot Elimination Subdivisions—Subdivisions which merge existing legal lots and then resubdivide the property so as to eliminate one or more of the previously existing lots by adding their territory to one or more of the other previously existing lots without otherwise altering the boundaries of the latter group of previously existing lots are eligible for map waiver provided that the Advisory Agency has issued written findings that the subdivision is consistent with the public health, safety and welfare, and that (1) all of the resulting lots will conform to all applicable zoning, general plan and specific plan requirements, or (2) at least one of the previously existing lots which are eliminated by the subdivision was nonconforming with applicable zoning, general plan or specific plan requirements, or (3) at least one of the previously existing lots which are enlarged by the subdivision was nonconforming with applicable zoning, general plan or specific plan requirements;

(d)

Mergers—Mergers which create one new lot out of two or more previously existing lots by eliminating all common lot lines which separate such lots from each other are eligible for map waiver provided that, if one or more of the previously existing lots are not legal lots, the Advisory Agency may impose whatever conditions for the map waiver as it could impose for a Conditional Certificate of Compliance issued pursuant to Sections 8212-4 through 8212-4.2 with respect to such illegal lots, and may require satisfaction of all such conditions as a condition precedent to recordation of the map waiver approval form;

(e)

Mobilehome Park Condominium Conversions—Subdivisions which convert mobilehome parks (as defined in Section 50781 of the Health and Safety Code) into condominiums and which create no more than four lots, including any remainder parcel, (as opposed to separate interests in airspace) are eligible for map waiver provided that the Advisory Agency has issued written findings that none of the conditions listed in subsections (a)(1) through (a)(4) of Section 66428.1 of the Subdivision Map Act exist; and

(f)

Parcel Map Waiver/Conservation Subdivision - Subject to the following terms and conditions and approval by the Planning Director, a Parcel Map Waiver/Conservation Subdivision occurs when an existing legal lot is divided into two new legal lots or when a Lot Line Adjustment between two legal lots creates two new lots and the two new lots qualify as a Conservation Parcel and a Non-Conservation Parcel as defined below.

(1)

Definitions and Requirements.

(A)

Conservation Parcel - A Conservation Parcel is a parcel created through the Parcel Map Waiver/Conservation Subdivision process which:

(i)

Has one or more Significant Biological Resources, as defined in the Ventura County Initial Assessment Guidelines, which include but are not limited to habitats of endangered, threatened, or rare species; wetland habitats; coastal habitats; migration corridors for fish or wildlife; locally important species/communities; and/or property which can be restored to the status of supporting or exhibiting Significant Biological Resources;

(ii)

Is acquired and maintained as permanent, natural open space by a Conservation Organization, defined below; and

(iii)

Has recorded on it an easement and/or deed restriction in favor of the County of Ventura committing the property to natural resource conservation use in perpetuity.

A Conservation Parcel may be smaller than the minimum lot size required, or may be conforming as to size. Conservation Parcels shall be conditioned or deed restricted to specify the permitted and prohibited uses, on a case by case basis.

(B)

Conservation Organization - To qualify as a Conservation Organization, the owner of the Conservation Parcel must meet all of the following standards:

(i)

It must be a public conservation agency, or a private non-profit organization chartered under the U.S. Code, Title 26, Part 501(c) 3, whose primary purpose is the preservation and protection of land in its natural, scenic, historical, recreational and/or open space condition.

(ii)

If it is a private, non-profit organization, then it must be either a statewide, national or international organization, or a local community-based organization with a membership of at least five hundred (500) individuals and/or businesses.

(iii)

It must have owned and/or managed natural resource/open space property, at least fifty (50) acres in area, for at least one year. In lieu of meeting this requirement, a Conservation Organization may provide a financial surety to ensure the stewardship of the Conservation Parcel for a period of five years.

(iv)

It must have the institutional and economic ability to maintain the property.

(C)

Non-Conservation Parcel - A Non-Conservation Parcel is the parcel created through the Parcel Map Waiver/Conservation Subdivision process which is not intended to be maintained for natural resource conservation in perpetuity. A Non-Conservation Parcel may be non-conforming as to size; however, it must be of a size and shape suitable for the uses permitted by its Zoning Classification. In addition, if the property is designated Agriculture in the General Plan, the Non-Conservation Parcel must have a minimum area of ten (10) acres, large enough to qualify for an Irrigated Agriculture Land Conservation Act Contract. If these requirements are met, the non-conforming Non-Conservation Parcel shall be considered a legal non-conforming parcel with all of the development rights accorded by its zoning classification.

(2)

Conditions. Parcel Map Waiver/Conservation Subdivisions must meet all of the following conditions:

(A)

The Parcel Map Waiver/Conservation Subdivision, including the Sketch Map and Legal Description, must be recorded within one year of approval. The grant deed transferring the Conservation Parcel to a Conservation Organization must record simultaneously with the Parcel Map Waiver/Conservation Subdivision.

(B)

A deed restriction shall be recorded on the Conservation Parcel specifying what activities, uses, and structures are permitted, and which are prohibited. Activities, uses and structures will be limited to those compatible with natural resource conservation. Permissible activities include but are not limited to removal of existing structures and non-native species, restoration of the land to its natural state and re-introduction of native species. Permissible uses include but are not limited to hiking trails and trailhead parking lots. Permissible associated structures include but are not limited to trailhead restrooms and information kiosks/signboards.

(C)

An easement and/or deed restriction shall be recorded on the Conservation Parcel in favor of the County, to ensure its maintenance in perpetuity for natural resource conservation.

(D)

Failure to record the Parcel Map Waiver/Conservation Subdivision, the Conservation Parcel Grant Deed, and all required deed restrictions and/or easements within one year of approval of the Parcel Map Waiver/Conservation Subdivision, voids the Parcel Map Waiver/Conservation Subdivision, unless a longer time period is granted in writing by the Planning Director.

The project may also be conditioned to meet other Agency requirements prior to recordation of the Parcel Map Waiver/Conservation Subdivision.

(3)

Findings. Before a Conservation Parcel Map Waiver/Conservation Subdivision may be granted, the applicant must establish and the Planning Director must make all of the below findings:

(A)

That one of the new parcels created qualifies as a Conservation Parcel, including a finding that the owner of the Conservation Parcel qualifies as a Conservation Organization;

(B)

That the requirements of a non-conforming Non-Conservation Parcel are met if one is created;

(C)

That the granting of the Conservation Parcel Map Waiver/Conservation Subdivision will not be detrimental to the public health, safety and welfare, nor to the use, enjoyment, or valuation of neighboring properties; and

(D)

That the Parcel Map Waiver/Conservation Subdivision is compatible with good zoning practice.

(Am. Ord. 4083—12/20/94; Am. Ord. 4334—12/6/05)