SEC. 15-13. CITY-INITIATED MERGER OF CONTIGUOUS PARCELS.

   (A)   A parcel or unit of real property shall merge with a contiguous parcel or unit held by the same owner if any one of the contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size under applicable zoning ordinances and if all of the following requirements are satisfied:

      (1)   At least one of the affected parcels is undeveloped by any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with one or more accessory structure, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

      (2)   With respect to any affected parcel, one or more of the following conditions exists:

         (a)   Comprises less than 5,000 square feet in area at the time of the determination of merger;

         (b)   Was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

         (c)   Does not meet current standards for sewage disposal and domestic water supply;

         (d)   Does not meet slope stability standards;

         (e)   Has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

         (f)   Its development would create health or safety hazards; and/or

         (g)   Is inconsistent with the general plan and any applicable specific plan, other than minimum lot size or density standards.

   (B)   For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is recorded. This section shall not apply if one or more of the conditions exist as described in subparts (A) through (E) of Cal. Gov't Code, Section 66451.11.

   (C)   A merger of parcels becomes effective when the director causes to be filed with the Ventura County Recorder a notice of merger specifying the names of the record owners and particularly describing the real property. Prior to filing the notice, the city engineer shall review the property description.

   (D)   On or before filing a notice of merger, city staff shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to the standards specified in this section, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger.

   (E)   At any time within 30 days after of the notice of intention to determine status is recorded, the owner of the affected property may file with the city clerk a request for a hearing on determination of status.

   (F)   Upon receiving a request for such a hearing on determination of status from the owner of the affected property, the city clerk shall fix a time, date and place for a hearing to be conducted by the commission and shall notify the property owner of that time, date and place for the hearing by certified mail. The hearing shall be conducted not more than 60 days following receipt of the property owner's request for the hearing, but may be postponed or continued with the mutual consent of the commission and the property owner.

   (G)   At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in this section. At the conclusion of the hearing, the commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within 30 days after conclusion of the hearing.

   (H)   If the property owner does not file a request for a hearing within 30 days after the notice of intention to determine status is recorded, the commission may within 90 days of the expiration of such 30 days, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded within said 90 days. If a determination is made that the subject property shall not be merged, city staff shall file with the Ventura County recorder a release of the notice of intention to determine status and shall mail a clearance letter to the then current owner of record.

(`64 Code, Sec. 27-13) (Ord. No. 1684, 2243)

DIVISION 2. SUBDIVISION AND PARCEL MAPS

SEC. 15-15. TENTATIVE SUBDIVISION MAPS.

   Each tentative subdivision map shall meet the following requirements and contain the following information:

   (A)   Scale, ratio is optional, except that it shall be not less than 100 feet equals 1 inch;

   (B)   Name or number of subdivision;

   (C)   Name of developer, with address and telephone number, if any;

   (D)   Name of owner, with address and telephone number, if any;

   (E)   Name of person preparing tentative subdivision map, with address and telephone number, if any;

   (F)   Acreage within proposed development;

   (G)   North arrow;

   (H)   Date of tentative subdivision map;

   (I)   Boundary lines, with legal description of total parcel;

   (J)   Location and width of proposed streets with approved access to the subject property together with location of all recorded easements;

   (K)   Names of proposed streets;

   (L)   Names, width and location of adjacent streets;

   (M)   Sketch showing manner in which proposed subdivision will fit into master plan;

   (N)   Width and location of alleys;

   (O)   Lot lines and dimensions, and lot and block numbers;

   (P)   Contour map including the location and width of watercourses;

   (Q)   Legal description of property comprising subdivision;

   (R)   Width and location of all easements and rights-of-way;

   (S)   Proposed land use classification of lots;

   (T)   Location of existing utilities;

   (U)   Location of existing water wells;

   (V)   Railroads;

   (W)   Radius and length of curves; and

   (X)   Location of underground irrigation and drainage lines.

(`64 Code, Sec. 27-15) (Ord. No. 1570)

SEC. 15-16. FINAL MAPS.

   A final map shall be prepared by or under the direction of a registered civil engineer or licensed land surveyor, shall be based upon a survey, and shall conform to all of the following requirements:

   (A)   A final map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates, affidavits and acknowledgements may be legibly stamped or printed upon the final map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility.

   (B)   The size of each sheet shall be 18 by 28 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the final map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

   (C)   All survey and mathematical information and data necessary to locate all monuments and to locate and retrace any and all interior and exterior boundary lines appearing thereon shall be shown, including bearings and distances of straight lines, and radii and arc length or chord bearings and length for all curves, and such information as may be necessary to determine the location of the centers of curves and ties to existing monuments used to establish the subdivision boundaries.

   (D)   Each lot or parcel shall be numbered and each block may be numbered or lettered. Each street shall be named. The subdivision number shall be shown together with the description of the real property being subdivided.

   (E)   The exterior boundary of the land included within the subdivision shall be indicated by distinctive symbols and clearly so designated. The final map shall show the definite location of the subdivision, and particularly its relation to surrounding surveys.

   (F)   When a soils report has been prepared, this fact shall be noted on the final map, together with the date of the report and the name of the engineer making the report.

   (G)   Below the title shall be a subtitle consisting of a general description of all the property being subdivided by reference to deeds, subdivisions or sectional surveys. References to tracts and subdivisions shall be spelled out and worded identically with original records, with complete reference to proper book and page of the record. The title sheet shall show in addition the basis of bearings.

   (H)   Final maps filed for the purpose of reverting subdivided land to acreage shall be conspicuously marked by the title, "The purpose of this map is a reversion to acreage."

   (I)   Sufficient data shall be shown to determine readily the bearing and length of each line. Dimensions of lots shall be the net dimensions. No ditto marks shall be used. Lots shall show net acreage to nearest hundredth.

   (J)   The final map shall show the center lines of all streets; lengths, tangent, radius and central angle or radial bearings of all curves; the bearing of radial lines to each lot corner of a curve; the total width of each street, the width of the portion being dedicated and the width of existing dedication; the width of portions of streets each side of the center line, also the width of rights-of-way of railroads, flood control or drainage channels and any other easements appearing on the map. Surveys in connection with the preparation of final maps shall be made in accordance with standard practices and principles for land surveying. A traverse of the boundaries of the subdivision and all lots and blocks shall close within a limit of error of 1 foot in 10,000 feet of perimeter.

   (K)   The final map shall show the center line data, width and side lines of all easements to which the lots are subject. If the easement is not definitely located of record, a statement as to the easement shall appear on the title sheet. Easements for storm drains, sewers and other purposes shall be denoted by broken lines. Distances and bearings on the side lines of the lots which are cut by an easement shall be shown as to indicate clearly the actual lengths of the lot lines. The width of the easement and the lengths and bearings of the lines thereof and sufficient ties to locate the easement definitely with respect to the subdivision shall be shown. The easement shall be clearly labeled and identified, and, if already of record, proper reference to the records shall be given. Easements being dedicated shall be so indicated in the certificate of dedication.

   (L)   The final map shall show clearly what stakes, monuments or other evidence were found on the ground to determine the boundaries of the tract. The corners of adjoining subdivisions or portions thereof shall be identified and ties shown. Monuments shall be those required by Cal. Gov't Code, Section 66495.

   (M)   Wherever the engineer or county surveyor has established the center line of a street or alley, such data shall be considered in making the surveys and in preparing the final map, and all monuments found shall be indicated and proper references made to field books or maps of public record, relating to the monuments. If the point were reset by ties, that fact shall be stated. The final map shall show city boundaries crossing or adjoining the subdivision, clearly designated and tied in.

   (N)   The lots shall be numbered consecutively, commencing with the number 1, with no omissions or duplications. If the subdivision is a continuation of, or an addition to an existing subdivision, the lot numbers may commence with the number immediately following the last or highest number of the existing subdivision. Each lot shall be shown entirely on one sheet.

   (O)   If more than three sheets are used, an index, showing the entire subdivision, with lots numbered consecutively.

   (P)   Title, name or number of tract, date, north arrow and scale shall be indicated.

   (Q)   Description of land shall be included.

   (R)   Location and names without abbreviation shall be shown of all:

      (1)   Proposed streets and alleys with approved access to the subject property;

      (2)   Proposed public areas and easements; and

      (3)   Adjoining streets.

   (S)   Dimensions in feet and decimals of a foot shall be shown.

   (T)   Dimensions of all lots shall be indicated.

   (U)   Center line data including bearings and distances shall be indicated.

   (V)   Radius, tangent, arc and central angle of curves shall be indicated.

   (W)   Suitable primary survey control points shall be shown.

   (X)   Location of all permanent monuments shall be indicated.

   (Y)   Ties to and names of adjacent subdivisions shall be indicated.

   (Z)   Ties to any city or county boundary lines involved shall be indicated.

   (AA)   Required certificates shall be included.

(`64 Code, Sec. 27-16) (Ord. No. 1570)

SEC. 15-17. TENTATIVE PARCEL MAPS AND PARCEL MAPS; OWNER'S STATEMENT.

   Each tentative parcel map may, and each parcel map shall, be prepared by or under the direction of a registered civil engineer or licensed land surveyor; a tentative parcel map or parcel map shall show the location of streets and property lines bounding the property, and shall conform to all of the following requirements:

   (A)   A tentative parcel map or parcel map shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. Certificates may be legibly stamped or printed upon the map with opaque ink. If ink is used on polyester base film, the ink surface shall be coated with a suitable substance to assure permanent legibility. The tentative parcel or parcel map may be compiled from final map data, recorded parcel map data if based upon a field survey, records of survey, and upon field surveys if the survey, recording or filing of the source material is not more than 15 years old.

   (B)   Each tentative parcel map shall contain the following information:

      (1)   The boundary lines of the entire parcel including the area to be divided with dimensions, based on existing survey data or property descriptions. A legal description of the total parcel shall be attached to the map.

      (2)   The proposed division lines with dimensions and area of each parcel in square feet;

      (3)   Identification of each parcel with letter or number designation in consecutive order;

      (4)   All existing buildings and structures located on the land to be divided, together with their major exterior dimensions and distance from the buildings and structures to the boundary lines of the parcels which are to be created by the proposed land division;

      (5)   The location of existing wells, septic tanks, leaching fields, sewer lines, water lines, underground irrigation and drainage lines, culverts or other underground structures within each parcel and immediately adjacent thereto, with sizes and grades indicated;

      (6)   The location and names of all abutting streets, alleys, easements and the closest intersection as well as property lines bounding the property;

      (7)   The location of all existing curb cuts or points of ingress and egress on each parcel within the parcel map;

      (8)   The location and width of any streets, alleys, easements or curb cuts proposed by the developer;

      (9)   The location of proposed sanitary sewers, storm water drain, water lines, underground utilities and other public utilities;

      (10)   Sufficient elevation and contours to determine the general slope of the land and the high and low points thereof;

      (11)   Approximate location of all areas subject to inundation or storm water overflow and the location, width and directions of flow of all water courses;

      (12)   Existing use or uses of the property and proposed use of property; if property is proposed to be used for more than one purpose, the area, lot or lots proposed for each type of use;

      (13)   Statement of the improvements and public utilities proposed to be made or installed and of the time at which the improvements are proposed to be completed;

      (14)   Tree planting proposal and location, including a landscape plan and provision for maintenance when required by the city;

      (15)   Approximate location of each area covered by brush or trees with a statement of the nature of such cover, and the kind and approximate location of all trees standing within the proposed rights-of-way;

      (16)   The names, addresses and telephone numbers of the property owners, the person filing the map, and the registered civil engineer or licensed land surveyor who prepared the tentative parcel map;

      (17)   Source of data from which the tentative parcel map was drawn;

      (18)   A vicinity map not to exceed four inches by four inches on the upper right-hand corner;

      (19)   Any additional information necessitated by the character of the particular development to facilitate consideration by the commission and the city council; and

      (20)   Width and locations of all recorded easements and rights-of-way.

   (C)   Each tentative parcel map and parcel map shall meet the following requirements.

      (1)   The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. The scale of the tentative parcel map and parcel map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheet and the total number of sheets comprising the tentative parcel map and parcel map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown.

      (2)   Each parcel shall be numbered or otherwise designated. The subdivision number shall be shown together with the description of the real property being subdivided.

      (3)   The exterior boundary of the land included within the development shall be indicated by distinctive symbols and clearly so designated.

      (4)   The tentative parcel map and parcel map shall show the location of each parcel and its relation to surrounding surveys. The location of any remainder of the original parcel shall be shown, but need not be shown as a matter of survey but only by reference to the existing record boundaries of such remainder if such remainder has a gross area of five acres or more.

      (5)   Subject to the provisions of Cal. Gov't Code, Section 66436, a certificate, signed and acknowledged by all parties having any record title interest in the real property subdivided, consenting to the preparation and recordation of the parcel map is required.

   (D)   If any information required by this section may not be shown practically on a parcel map, that information shall be contained in a written owner's statement which shall be attached to and accompany the map.

(`64 Code, Sec. 27-17) (Ord. No. 1570)

SEC. 15-18. MAPS OF CONDOMINIUM AND COMMUNITY APARTMENT PROJECTS.

   Any map of a condominium or community apartment project is not required to show the buildings or the manner in which the buildings or the airspaces above the property shown on the map are to be divided. Fees and lot design requirements shall be computed and imposed with respect to such maps on the basis of parcels or lots of the surface of the land shown thereon as included in the project.

(`64 Code, Sec. 27-18) (Ord. No. 1570)

SEC. 15-19. REGULATIONS FOR VESTING TENTATIVE MAPS.

   (A)   A “vesting tentative map” shall mean a “tentative map” for a subdivision that shall have printed conspicuously on its face the words “Vesting Tentative Map” at the time such map is filed in accordance with this chapter. The purpose of a vesting tentative map is to confer certain development rights not applicable to a tentative map.

(`64 Code, Sec. 27-19.00) (Ord. No. 2765)

   (B)   Whenever an application for a tentative subdivision map or tentative parcel map is required to be filed for a development, an application for a vesting tentative map may instead be filed, in accordance with the provisions herein.

(`64 Code, Sec. 27-19.01) (Ord. No. 2765)

   (C)   An application for a vesting tentative map shall be filed in the same form, have the same contents, and shall be processed in the same manner as an application for a tentative map except that:

      (1)   At the time filed, an application for a vesting tentative map shall have printed conspicuously on its face the words “Vesting Tentative Map;” and

      (2)   At the time an application for a vesting tentative map is filed, a subdivider shall also supply complete improvement plans for sewer, water, drainage, street, grading and appurtenant improvements along with supporting calculations in accordance with public works department standards and criteria. The development services department will review and approve the improvement plans to verify they are in accordance with city standards before the "Vesting Tentative Map" is heard by the commission. The application shall not be complete until such review and approval has been made by the development services department.

(`64 Code, Sec. 27-19.02) (Ord. No. 2765)

   (D)   Upon filing an application for a vesting tentative map, the subdivider shall pay the fees required by the city council resolution for the filing and processing of an application for a tentative map.

(`64 Code, Sec. 27-19.03)

   (E)   The vesting tentative map shall expire when a tentative subdivision map would expire and shall be subject to the same criteria for extensions as established for a tentative subdivision map. The duration of the rights therein is governed by subsection (F) below.

(`64 Code, Sec. 27-19.04)

   (F)   (1)   The approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with applicable ordinances, policies, and standards as if a final map had been then approved, subject to the provisions herein.

      (2)   Nothing in this section is intended to affect the city’s ability to conditionally approve or deny maps.

      (3)   The rights referred to herein shall expire unless the final map is approved prior to the expiration of the vesting tentative map in which case these rights shall last for the following periods oftime:

         (a)   An initial time period of one year. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, this initial time period shall begin for each phase when the map for that phase is recorded.

         (b)   The initial time period set forth in subdivision (3)(a) shall be automatically extended by any time used for processing a complete application for a grading permit or for design or architectural review, if such processing exceeds 30 days from the date a complete application is filed.

         (c)   A subdivider may apply to the commission for a one year extension at any time before the initial time period set forth in subdivision (3)(a) expires. If the extension is denied, the subdivider may appeal that denial to the city council within 15 days.

         (d)   If the subdivider submits a complete application for a building permit before the rights under the vesting tentative map have expired, those rights shall automatically continue until the expiration or extension of that permit.

(`64 Code, Sec. 27-19.05) (Ord. No. 2367, 2445)

   (G)   (1)   Whenever a subdivider files an application for a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noticed on the vesting tentative map. The city may deny an application or approve it conditioned on the subdivider, or designee, obtaining the necessary change in the zoning ordinance to eliminate the inconsistency. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map as approved.

      (2)   The rights conferred by this section shall be for the time periods set forth in subsection(F)(3).

(`64 Code, Sec. 27-19.06) (Ord. No. 2077)

   (H)   Any fees associated with a vesting tentative map that would be subject to the fee limitations set forth in Kaufman & Broad Central Valley, Inc. v. City of Modesto, 25 Cal. App. 4th 1577, shall be calculated as follows:

      (1)   Capital improvement fees shall include those fees set forth in Article VI of Chapter 15 of the City Code at the time the application is deemed complete. Any such fee shall be adjusted by multiplying the fee in effect at the time of application by the Engineering News Record Construction Cost Index for Los Angeles at the time of payment of the fee in question and dividing such product by the Engineering News Record Construction Cost Index for Los Angeles at the time the application was deemed complete. However, if the resulting quotient is greater than the actual fee applicable at that time to subdivisions that are proceeding without a vested tentative map, the actual fee will be used.

      (2)   All other fees charged by the city at the time the application is deemed complete shall be adjusted by multiplying the fee in effect at the time of application by the Consumer Price Index for the Los Angeles-Anaheim-Riverside Area at the time of payment of the fee in question and dividing such product by the Consumer Price Index for the Los Angeles-Anaheim-Riverside Area at the time the application was deemed complete. However, if the resulting quotient is greater than the actual fee applicable at that time to subdivisions that are proceeding without a vested tentative map, the actual fee will be used.

(Ord. No. 2765)

ARTICLE III. PROCEDURES