Tentative Parcel Map Case No. 6072 (Case No. Pl25-0061)

2026010114

Ventura County

NOE - Notice of Exemption

1/7/2026

1/7/2026

Kristina Boero

Ventura County Planning Division

Senior Plaanner

Lead/Public Agency

800 S. Victoria Ave.
Ventura, CA 93009

(805) 654-2467

kristina.boero@venturacounty.gov

Arturo Gonzalez

Progressive Environmental Industries, Inc.

President

Project Applicant

301 E. Yanonali Street
Santa Barbara, CA 93101

(805) 965-2045

artgonzalezpei@gmail.com

34°25'1.2"N 119°18'10.6"W

Burnham Road and Riverside Road

930023

14.35

032020207

SR 33

Ventura River

04N

23W

17

Categorical Exemption

15301, Class 1 (Existing Facilities) and 15303, Class 3 (New Constructi

The proposed project qualifies for an exemption from CEQA under Section 15061 (b)(3), commonly referred to as the "Common Sense Exemption." This exemption applies when it is clear there is no possibility of the activity having a significant environmental impact. In this instance, the legalization of the lot involves approval of a TPM and recording a PM will not result in any physical alterations to the environment, thereby meeting the criteria for this exemption. The California Subdivision Map Act (Section 66499.35(b)) and the Ventura County Subdivision Ordinance (Section 8214-8.2.1.1) contain provisions that vest the applicable regulations and policies in place at the time the owner acquired their interest, which in this case is March 14, 1975. As a result, the County must evaluate the project's impacts based on the laws, regulations, and policies that were in effect on March 14, 1975, rather than current regulations. This means that the County will consider the environmental and other impacts of the project under the standards and requirements that applied at the time the owner acquired their interest, rather than applying modern-day regulations. These provisions affect how the project is evaluated and limit the scope of the review to the standards that were considered relevant or subject to regulation under the 1975 rules. On March 14, 1975, the regulatory framework governing the subject property was established by Ventura County Subdivision Ordinance No. 1787, which required a TPM and PM to subdivide a property. At that time, the property was zoned Rural Exclusive with a 10-acre minimum lot size, and the Open Space and Conservation Elements of the 1985 Ventura County General Plan, adopted in 1973, were also in effect. As part of the Ventura River floodplain, the subject property was designated as Open Space in these elements. However, this designation did not impose significant development restrictions on the property beyond requiring compliance with the Ventura County Subdivision Ordinance. The RE-10 acre zoning designation allowed for the creation of a minimum 10-acre lot size through the approval of a TPM and subsequent recordation of a PM, provided that the land was at least 10-acres in size and the subdivision complied with the requirements of VCSO No. 1787. Notably, since the OKS and HCWC regulations were not in effect in 1975, the approval of the TPM is exempt from the development standards of these regulations, as well as those outlined in the 2040 Ventura County General Plan. As a result, the project's compliance is evaluated solely based on the regulations in place at the time, specifically Ordinance No. 1787 and the RE-10 acre zoning designation. The subject 14.35-acre property is located east of Burnham Road, on the western bank of the Ventura River, in the unincorporated area of Ojai. It falls within the Open Space Zone and is subject to the OKS and HCWC Overlays. For over 40 years the site has been used for animal husbandry, and agriculture for the past 4 years. As part of these activities, the developed areas on the riverine bluff above the Ventura River floodway have been consistently cleared of vegetation. Aerial photographs taken by the County of Ventura, available through the Resource Management Agency's GIS Viewer, confirm this ongoing practice. As animal husbandry and agricultural activities are not regulated by the Planning Division, any vegetation modification related to these activities is exempt from requiring a Planned Development Permit. This exemption is specified in Section 8109-4.8.3.2 of the NCZO HCWC regulations, allowing the property owner to continue their existing land use practices without needing additional permits. As discussed above, a conditional certificate of compliance was recorded in 1989 by a previous property owner who had acquired their interest in the property on March 14, 1975. According to California Subdivision Map Act Section 66499.35(b), a local agency may impose any conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest in 1975. This means that any conditions imposed must have been established by state law or local ordinance as of March 14, 1975, and would have been relevant to the division of the property at that time. VCSO No. 1787 required the minimum lot size of the subdivision to be consistent with the zoning, a demonstration of a permanent source of water, a demonstration that wastewater discharge could be accommodated on site, appropriate access the lot design standards of the VCSO, and a demonstration that the development of the site met the Ventura County Improvement Standards and Specifications The proposed project is also exempt from CEQA under Section 15301, Class 1 (Existing Facilities) as it involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of private structures. As noted above, the site is disturbed and has been used for animal husbandry for 40 years and agricultural production for the past 4 years. The developed areas of the property have consistently been cleared of vegetation during this time frame. Aerial photographs from the County of Ventura Resource Management Agency's GIS Viewer confirm this.The project is also exempt from CEQA pursuant to Section 15303 (New Construction or Conversion), as reasonably foreseeable development in the Open Space Zone typically includes a single-family dwelling and accessory structures related to agricultural and residential uses. Since there is no proposed development of the site that is subject to the current NCZO, the approval of the TPM and recordation of the PM do not trigger the exceptions to the exemptions listed under CEQA Guidelines Section 15300.2(f). The project's exemption from CEQA is supported by the fact that it will not result in any cumulative impacts. An Initial Study Biological Assessment prepared by David N. Lee for the project (Exhibit 6), confirms that the developed areas of the parcel are not located within an environmental sensitivity area, and the project would result in no, or less than significant impacts to these resources. Since there is no development of the site that is subject to the current NCZO, the approval of the TPM and recordation of the PM do not trigger the exceptions to the exemptions listed under CEQA Guidelines Section 15300.2(f). Future development of the site will be subject to the permitting requirements the Ventura County NCZO and CEQA. Additionally, the legalization of the lot will not result in any cumulative impacts, as the surrounding properties are legally developed, the site is not located near a scenic resource, it does not impact historic resources or structures, and it is not associated with a hazardous waste site. In conclusion, this project is categorically exempt pursuant to Sections 15061(b)(3), 15301, and 15303 of the CEQA Guidelines, does not meet any exceptions to the exemptions, and no further environmental review is required.

Other

Sections 15061(b)(3) ["Common Sense Exemption"],

The proposed project qualifies for an exemption from CEQA under Section 15061 (b)(3), commonly referred to as the "Common Sense Exemption." This exemption applies when it is clear there is no possibility of the activity having a significant environmental impact. In this instance, the legalization of the lot involves approval of a TPM and recording a PM will not result in any physical alterations to the environment, thereby meeting the criteria for this exemption. The California Subdivision Map Act (Section 66499.35(b)) and the Ventura County Subdivision Ordinance (Section 8214-8.2.1.1) contain provisions that vest the applicable regulations and policies in place at the time the owner acquired their interest, which in this case is March 14, 1975. As a result, the County must evaluate the project's impacts based on the laws, regulations, and policies that were in effect on March 14, 1975, rather than current regulations. This means that the County will consider the environmental and other impacts of the project under the standards and requirements that applied at the time the owner acquired their interest, rather than applying modern-day regulations. These provisions affect how the project is evaluated and limit the scope of the review to the standards that were considered relevant or subject to regulation under the 1975 rules. On March 14, 1975, the regulatory framework governing the subject property was established by Ventura County Subdivision Ordinance No. 1787, which required a TPM and PM to subdivide a property. At that time, the property was zoned Rural Exclusive with a 10-acre minimum lot size, and the Open Space and Conservation Elements of the 1985 Ventura County General Plan, adopted in 1973, were also in effect. As part of the Ventura River floodplain, the subject property was designated as Open Space in these elements. However, this designation did not impose significant development restrictions on the property beyond requiring compliance with the Ventura County Subdivision Ordinance. The RE-10 acre zoning designation allowed for the creation of a minimum 10-acre lot size through the approval of a TPM and subsequent recordation of a PM, provided that the land was at least 10-acres in size and the subdivision complied with the requirements of VCSO No. 1787. Notably, since the OKS and HCWC regulations were not in effect in 1975, the approval of the TPM is exempt from the development standards of these regulations, as well as those outlined in the 2040 Ventura County General Plan. As a result, the project's compliance is evaluated solely based on the regulations in place at the time, specifically Ordinance No. 1787 and the RE-10 acre zoning designation. The subject 14.35-acre property is located east of Burnham Road, on the western bank of the Ventura River, in the unincorporated area of Ojai. It falls within the Open Space Zone and is subject to the OKS and HCWC Overlays. For over 40 years the site has been used for animal husbandry, and agriculture for the past 4 years. As part of these activities, the developed areas on the riverine bluff above the Ventura River floodway have been consistently cleared of vegetation. Aerial photographs taken by the County of Ventura, available through the Resource Management Agency's GIS Viewer, confirm this ongoing practice. As animal husbandry and agricultural activities are not regulated by the Planning Division, any vegetation modification related to these activities is exempt from requiring a Planned Development Permit. This exemption is specified in Section 8109-4.8.3.2 of the NCZO HCWC regulations, allowing the property owner to continue their existing land use practices without needing additional permits. As discussed above, a conditional certificate of compliance was recorded in 1989 by a previous property owner who had acquired their interest in the property on March 14, 1975. According to California Subdivision Map Act Section 66499.35(b), a local agency may impose any conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest in 1975. This means that any conditions imposed must have been established by state law or local ordinance as of March 14, 1975, and would have been relevant to the division of the property at that time. VCSO No. 1787 required the minimum lot size of the subdivision to be consistent with the zoning, a demonstration of a permanent source of water, a demonstration that wastewater discharge could be accommodated on site, appropriate access the lot design standards of the VCSO, and a demonstration that the development of the site met the Ventura County Improvement Standards and Specifications The proposed project is also exempt from CEQA under Section 15301, Class 1 (Existing Facilities) as it involves the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of private structures. As noted above, the site is disturbed and has been used for animal husbandry for 40 years and agricultural production for the past 4 years. The developed areas of the property have consistently been cleared of vegetation during this time frame. Aerial photographs from the County of Ventura Resource Management Agency's GIS Viewer confirm this.The project is also exempt from CEQA pursuant to Section 15303 (New Construction or Conversion), as reasonably foreseeable development in the Open Space Zone typically includes a single-family dwelling and accessory structures related to agricultural and residential uses. Since there is no proposed development of the site that is subject to the current NCZO, the approval of the TPM and recordation of the PM do not trigger the exceptions to the exemptions listed under CEQA Guidelines Section 15300.2(f). The project's exemption from CEQA is supported by the fact that it will not result in any cumulative impacts. An Initial Study Biological Assessment prepared by David N. Lee for the project (Exhibit 6), confirms that the developed areas of the parcel are not located within an environmental sensitivity area, and the project would result in no, or less than significant impacts to these resources. Since there is no development of the site that is subject to the current NCZO, the approval of the TPM and recordation of the PM do not trigger the exceptions to the exemptions listed under CEQA Guidelines Section 15300.2(f). Future development of the site will be subject to the permitting requirements the Ventura County NCZO and CEQA. Additionally, the legalization of the lot will not result in any cumulative impacts, as the surrounding properties are legally developed, the site is not located near a scenic resource, it does not impact historic resources or structures, and it is not associated with a hazardous waste site. In conclusion, this project is categorically exempt pursuant to Sections 15061(b)(3), 15301, and 15303 of the CEQA Guidelines, does not meet any exceptions to the exemptions, and no further environmental review is required.