Atwater Municipal Code Ch. 16.04 General Provisions

The provisions of this title are adopted in order to promote:

A. Public health, safety and general welfare;

B. Orderly growth and development of the City;

C. Proper use of the land;

D. Conservation, stabilization and protection of the value of property;

E. Adequate provision for necessary utilities and conveniences.

(Prior Code § 10-2.101; Ord. CS 347, 1977)

This title is enacted pursuant to the Subdivision Map Act, being Section 66410 et seq. Of the Government Code of the state and all amendments thereto, whether heretofore or hereafter made. It is in addition and supplementary to such statue and such amendments and to all other regulations upon the subject matter of this title otherwise provided by law. It applies to all subdivisions of land hereafter made, when the land is entirely, or partially, within the boundaries of this City. All terms used in this title shall have the same meanings as are provided for them in the Subdivision Map Act and its aforesaid amendments except those terms which are redefined in Chapter 16.08.

(Prior Code § 10-2.201; Ord. CS 347, 1977)

The City Planning Commission is designated as the "advisory agency" and is authorized to approve, conditionally approve, or disapprove tentative maps of subdivisions prepared and filed according to this title.

(Prior Code § 10-2.202; Ord. CS 347, 1977)

This title shall be inapplicable to:

A. The financing or leasing of apartments, offices, stores or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks, or trailer parks;

B. Mineral, oil or gas leases;

C. Land dedicated for cemetery purposes under the Health and Safety Code of the state;

D. A lot line adjustment provided such is approved by resolution of the City Council;

E. Short-term leases (terminable by either party on not more than 30 days notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code unless a showing is made in individual cases;

F. Property divided solely for the purpose of opening or widening a public street or alley, or division involving the conveyance, transfer, creation or establishment of an easement for pedestrian or vehicular access, sewer, water or storm drain, or other public utility lines; provided, that no division or parcels of land are created other than those directly caused by such action.

(Prior Code § 10-2.401; Ord. CS 347, 1977)

A. Notwithstanding Section 16.08.110, two or more contiguous parcels or units of land which have been subdivided under the provisions of this title, or any prior law regulating the division of land, shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding under the provisions of this title shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them; except that, if any one of such contiguous parcels or units held by the same owner does not conform to standards for minimum parcel size to permit use of development under a zoning, subdivision or other ordinance of the City and at lease one of such contiguous parcels or units is not developed with a building for which a permit has been issued by the City, when such parcels shall be merged for the purposes of this division.

B. Whenever the City has knowledge that real property has merged pursuant to this section, it shall cause to be filed for record, with the recorder of the county in which the real property is located, a notice of such merger specifying the names of the record owners and particularly describing the real property; provided, that at least 30 days prior to the recording of the notice, the owner of the parcels or units to be affected by the merger shall be advised in writing of the intention to record the notice and specifying a time, date and place at which the owner may present evidence to the legislative body or advisory agency why such notice should not be recorded.

(Prior Code § 10-2.405; Ord. CS 347, 1977)