Avenal Municipal Code Ch. 10.02 Establishment and Purpose

Sections:

• 10.02.010
• Title.
• 10.02.020
• General Purpose.
• 10.02.030
• Applicability.

This Title shall be known as, and may be cited and referred to as, the “Subdivision Ordinance of the City of Avenal”.

A. This Title is adopted pursuant to article XI, Section 7 of the California Constitution and to supplement and implement Government Code Section 66410 et seq., the Subdivision Map Act. B. It is the purpose of this Title to regulate and control the division of land within the city and to supplement the provisions of the Subdivision Map Act concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided by the Subdivision Map Act, and the procedure to be followed in securing the official approval of the city regarding the maps. To accomplish this purpose, the regulations contained in this Title are determined to be necessary to:

1. Preserve public health, safety, and general welfare.
2. Promote orderly growth and development through implementation of the City of Avenal General Plan.
3. Ensure that properly designed infrastructure necessary to support public service needs, including, but not limited to, transportation and utility infrastructure, is provided in conjunction with subdivisions.

A. Applicability: Each subdivision of land or any other parcel modification within the city shall be in compliance with the provisions of this Subdivision Ordinance.
B. Relationship to Prior Ordinance: The provisions of the “Land Division Ordinance” of the City of Avenal as it existed prior to the effective date of the ordinance enacting this Title, ordinance 81-03, 87-01, 93-02 are repealed and superseded.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

Draft 2
June 2023 C. Prior Rights and Violations: The enactment of this Title shall not terminate or otherwise affect vested land division approvals or agreements authorized under the provisions of any ordinance, nor shall violation of prior ordinance be excused by the adoption of this Title. D. Effect of Subdivision Ordinance Changes on Pending Applications: Following the effective date of this Title, or any amendment of this Title, regulations of this Title are applicable to all pending entitlement applications that have not been deemed complete, unless prohibited by state law. E. Conflicting Requirements:

1. Subdivision Ordinance and Municipal Code Provisions: If conflicts occur between this subdivision ordinance, the Municipal Code, or other plans and policies adopted by the city, the subdivision ordinance shall govern.
2. Development Agreements: If conflicts occur between the requirements of this subdivision ordinance and standards adopted as part of any development agreement, the requirements of the development agreement shall govern. F. Other Requirements/Permits: Nothing in this subdivision ordinance eliminates the need for obtaining any other permits required by the city, or any permit, approval, or entitlement required by the regulations of any regional, state, or federal agency. G. Public Nuisance: Neither the provisions of this Title nor the approval of any permit authorized by this Title shall authorize the maintenance of any public nuisance as defined in the Municipal Code. H. Severability, Partial Invalidation of Subdivision Ordinance: If any portion of this Title is held to be invalid, unconstitutional, or unenforceable by a court of competent jurisdiction, such determinations shall not affect the validity of the remaining portions of this Title. The city council hereby declares that this Title and each chapter, section, subsection, paragraph, subparagraph, sentence, clause, phrase, and portion thereof is adopted without regard to the fact that one or more portions of this Title may be declared invalid, unconstitutional, or unenforceable.

City of Avenal Municipal Code Title 10 - Subdivision Ordinance

Draft 3
June 2023