Montague Municipal Code Ch. 16.04 General Provisions

Sections:

16.04.090 Grading and erosion control. 16.04.100 Soils reports.

The chapters and sections codified in this title are enacted pursuant to the provisions of Section II of Article XI of the Constitution of the state and general laws of the state, including the Subdivision Map Act. (Ord. 90-1 (part), 1990)

A. General Plan and Zoning Laws. The general plan for the city guides the use of all land within the corporate boundaries of the city. The size and design of lots, the nature of utilities, the design and improvement of streets, the type and intensity of land use, and the provisions for any special facilities in any subdivision must conform to the land uses shown and the standards established in the general plan and the zoning laws of the city and any precise plans adopted for the area in conformance thereto.

B. Environmental Impact. The environmental impact of any subdivision must be considered in accordance with the California Environmental Quality Act, as amended, and the Guidelines for Implementation of the California Environmental Quality Act, adopted by the Secretary for Resources of the state and the council as they now exist or may hereafter be amended, and in accordance with ordinances and resolutions of the city council adopted from time to time to implement the provisions of the Environmental Quality Act.

C. Community Facilities. The impact of any proposed subdivisions upon community facilities, such as schools, parks, recreation areas and the like, must be considered. The provisions of this title establish procedures for the referral of proposed subdivision data to city departments, interested boards, bureaus and other governmental agencies, and utility companies, both public and private, so that the extension of community facilities and utilities may be accomplished in an orderly manner and coordinated with the development of the subdivision. In order to facilitate the acquisition of land areas required to implement this policy, the city may require that the subdivider dedicate, grant easements or otherwise reserve land for such public purposes as specified in the Subdivision Map Act. (Ord. 90-1 (part), 1990)

The planning commission of the city, hereinafter referred to as the planning commission, is designated as the advisory agency of the city council with respect to subdivisions as provided in the Subdivision Map Act of the state. (Ord. 90-1 (part), 1990)

The planning commission shall have the powers and duties with respect to tentative and final maps, and the procedures relating thereto, as are specified by law and by this title. (Ord. 90-1 (part), 1990)

Each subdivision and the map thereof shall be in conformity with the provision of this title and the Subdivision Map Act, except where a provision or requirement has been expressly waived by the planning commission or city council in accordance with applicable law. (Ord. 90-1 (part), 1990)

It is unlawful for an individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, as a principal, agent or otherwise, to offer to sell, to contract to sell, or to sell or to lease any subdivision of land, or any part thereof in the city unless and until all the requirements provided in this title have been met. (Ord. 90-1 (part), 1990)

The provisions of this title do not apply to any subdivision lawfully existing at the time of adoption of the ordinance codified in this title. (Ord. 90-1 (part), 1990)

Hereafter no building shall be constructed, nor shall a building or grading permit be issued, unless the building or grading is in compliance with the provisions of this title and with the provisions of Title 17 of this code. (Ord. 90-1 (part), 1990)

Every map approved pursuant to this title shall be conditioned on compliance with the requirements for grading and erosion control including the prevention of sedimentation or damage to off-site property, set forth in the Standard Subdivision Improvement Specifications. Nothing in the ordinance codified in this title shall alter any other requirement in the Montague City Code that all grading and drainage comply with the requirements of UBC Chapter 70. (Ord. 90-1 (part), 1990)

A. A preliminary soils report, prepared by a civil engineer registered in this state and based upon test borings, shall be submitted to the city engineer or director of public works for every subdivision.

B. Preliminary soils reports may be waived by the city engineer or director of public works for subdivisions of four or less lots, providing he finds that no preliminary analysis is necessary because the city already has sufficient knowledge of the soil qualities of the land within the subdivision.

C. If the city has knowledge of, or the preliminary soils report indicates the presence of, critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, a soils investigation of each lot in the subdivision may be required by the director of public works or city engineer. Such soils investigation shall be done by a civil engineer registered in this state, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where the soils problem exists.

D. The advisory agency may approve the subdivision or portion thereof where the soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed and the action is made a condition of the building permit. (Ord. 90-1 (part), 1990)