Atascadero Municipal Code Ch. 1 General Provisions

This title shall be known and cited as the "Atascadero Subdivision Ordinance."

(Ord. 370 § 2, 2000)

The regulations codified in this title are adopted for the following purposes:

(a) For the purpose of promoting the public health, safety, convenience and general welfare; the design, improvement and survey data of subdivisions; and the form and content of tentative, parcel and final maps thereof; and the procedure to be followed in securing official approval thereof shall be governed by the provisions of the Subdivision Map Act, Sections 66410 to 66499.58 of the Government Code of the State of California, Title 7, Planning and Land Use, and by the additional provisions of this title, and shall comply with the provisions of the City General Plan and Title 9, Zoning.

(b) Further, it is the purpose of this title to encourage, where appropriate, new concepts and innovations in the arrangement of building sites within subdivisions. Deviations from the traditional mechanical approach to the subdivision of land are encouraged in order to facilitate the ultimate development of the land in a manner that will be commensurate with environmental preservation and technological progress.

(Ord. 370 § 2, 2000)

These regulations are adopted pursuant to the Subdivision Map Act, Sections 66410 to 66499.58 of the Government Code of the State of California, as a "local ordinance" as that term is used in that act, and to supplement the provisions of that act. All provisions of the Subdivision Map Act and future amendments thereto not incorporated in these regulations shall apply to all subdivisions, subdivision maps and proceedings under these regulations. Nothing in this section shall be read to limit the rights of the City to enact additional provisions concerning the division of land as are deemed necessary to protect the public health, safety and general welfare. Approval or conditional approval of a subdivision map shall not excuse compliance with other applicable provisions of this code or other applicable ordinances, rules, regulations and policies adopted by the City.

(Ord. 370 § 2, 2000)

In their interpretation and application, these regulations shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

(Ord. 370 § 2, 2000)

These regulations are not intended to annul any other law or regulation. Where any provision of these regulations imposes restrictions different from those imposed by any other provision of these regulations or any other regulation or law, whichever provisions are more restrictive or impose higher standards shall control.

(Ord. 370 § 2, 2000)

These regulations are not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of these regulations are more restrictive or impose higher standards or regulations than such easements, covenants, the requirements of these regulations shall govern. When the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations or the determinations of the Planning Commission in approving a subdivision or in enforcing these regulations, and such private provisions are not inconsistent with these regulations or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.

(Ord. 370 § 2, 2000)

When any provisions of the Subdivision Map Act or of these regulations require the execution of any certificate or affidavit or the performance of any act of a person in his or her official capacity who is also a subdivider or an agent or employee thereof, such certificate or affidavit shall be executed or such act shall be performed by some other person duly qualified therefor and designated so to act by the Council.

(Ord. 370 § 2, 2000)

If any part or provisions of these regulations or application thereof to any person or circumstances are adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision or application directly involved in the controversy in which the judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The council declares that it would have enacted the remainder of these regulations even without any such part, provision or application.

(Ord. 370 § 2, 2000)

The Council shall, by resolution, establish fees to be charged of subdividers, and procedures of collection and refunds for any activities authorized or required by this title, including appeals and requests for continuance or time extension.

(Ord. 370 § 2, 2000)

Any person may appeal decisions of the Planning Commission or the Community Development Director made pursuant to this title. Such appeal shall be in the form and manner as described in Section 9-1.111 of this Code.

(Ord. 370 § 2, 2000)