Chapter 15.04 — GENERAL PROVISIONS

Sections:

15.04.010 - Authority.

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. 586 § 2(part), 1983).

15.04.020 - Considerations for implementation.

(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. 586 § 2(part), 1983).

15.04.030 - Advisory agency designated.

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. 586 § 2(part), 1983).

The planning commission shall have the powers and duties with respect to tentative and final maps, and the procedure relating thereto, as are specified by law and by this title.

(Ord. 586 § 2(part), 1983).

15.04.050 - Compliance required.

Each subdivision and the map thereof shall be in conformity with the provisions 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. 586 § 2(part), 1983).

15.04.060 - Sale or lease of subdivision-Compliance required.

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. 586 § 2(part), 1983).

The provisions of this title do not apply to any subdivision lawfully existing at the time of adoption of this title.

(Ord. 586 § 2(part), 1983).

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 16.

(Ord. 586 § 2 (part), 1983).

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 Uniform Building Code. Maximum excavated or filled slope shall not be steeper than two horizontal for one vertical and the cut or fill slope shall not exceed ten feet in vertical height.

(Ord. 586 § 2(part), 1983).

Minimum lot or parcel sizes and width shall comply with Title 16 of this code. The city engineer may require a larger lot or parcel size or width of any proposed lot or parcel where the topography of the proposed subdivided parcel requires such increases in order to provide reasonable access from an adjacent public roadway in accordance with good engineering practices. "Reasonable access" means the ability to construct within the front yard setback an access roadway with a gradient of not more than fifteen percent with grade breaks at the curb line or sidewalk adjacent to the parcel and the front yard setback line of the proposed lot or parcel. As to any proposed lot or parcel where access as provided in this section appears questionable, the city engineer may require the applicant to provide drawings by a registered civil engineer depicting the access design. Nothing herein shall be deemed to prevent the subdivider from designating on the subdivision map a minimum front yard setback requirement greater than that required by Title 16 of this code.

(Ord. 753 § 2, 1999).

15.04.100 - Soils reports.

(a) A preliminary soils report, prepared by a civil engineer registered in this state and based upon adequate 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. 586 § 2(part), 1983).

Chapter 15.08 - DEFINITIONS

Sections: