CHAPTER 13.04
GENERAL PROVISIONS

SECTION:

13.04.010    Citation And Authority

13.04.020    Definitions

13.04.030    Advisory Agency

13.04.040    Master Plan

13.04.050    Land Subject To Inundation

13.04.060    Fees

13.04.070    Reimbursement Of Expenses

13.04.080    Soils Report; Soils Investigations

13.04.090    Grading Plan Required; Waiver

13.04.100    Waiver Of Inadvertent Errors

13.04.110    Regulations On File

13.04.010 CITATION AND AUTHORITY:

This title is adopted to supplement and implement the subdivision map act of the state1 and may be cited as the SUBDIVISION ORDINANCE OF THE CITY OF GONZALES. (1972 Code § 16.04.010)

13.04.020 DEFINITIONS:

A.    Whenever any words or phrases used in this title are not defined herein but are found in the subdivision map act, such definitions are incorporated herein and shall be deemed to apply as though set forth in this title.

B.    "Subdivision Map Act" or "Map Act" mean the subdivision map act of the state of California. (1972 Code § 16.04.020)

13.04.030 ADVISORY AGENCY:

For the purposes of this title, whenever the term "advisory agency" is used in the subdivision map act or in this title, it means the city council. (1972 Code § 16.04.030)

13.04.040 MASTER PLAN:

In all respects, the subdivision will be considered in relation to the master plan of the city, or any part thereof, or preliminary plans made in anticipation thereof. (1972 Code § 16.04.040)

13.04.050 LAND SUBJECT TO INUNDATION:

If any portion of any land, within the boundaries shown on any map, is subject to overflow, inundation or flood hazard by storm waters, such fact and that portion shall be clearly shown and enclosed in a border on each sheet of the map. (1972 Code § 16.04.050)

13.04.060 FEES:

The city council, by resolution, may establish a schedule of fees to be paid for the filing and processing of all maps and for other procedures required or authorized by the subdivision map act or this title. (1972 Code § 16.04.060)

13.04.070 REIMBURSEMENT OF EXPENSES:

In addition to the basic processing fee specified in section 13.04.060 of this chapter, an applicant for subdivision approval under this title shall reimburse the city for all expenses incurred by it in connection with the project, including, but not limited to, payments for engineering, planning, legal, consulting, and other similar services, and such reimbursement shall be a condition of approval of the tentative or parcel map for the project. At the time the application is filed, the applicant shall execute a written agreement, in form satisfactory to the city, providing for such reimbursement and for an advance deposit of funds to be held by the city and applied to the payment of such costs and expenses as the same are incurred. (1972 Code § 16.04.065)

13.04.080 SOILS REPORT; SOILS INVESTIGATIONS:

A.    Report Required: A preliminary soils report, prepared by a geotechnical engineer registered in the state, and based upon adequate test borings, is required for all subdivisions. The preliminary soils report shall be reviewed by the city engineer.

B.    Additional Information: After review of the preliminary soils report, the city engineer may require additional information or reject the report if it is found to be incomplete, inaccurate or unsatisfactory.

C.    Investigation: If the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, or the presence of rocks or liquids containing deleterious chemicals which, if not corrected, could cause construction materials such as concrete, steel and ductile or cast iron to corrode or deteriorate, a soils investigation of each lot in the subdivision may be required. In the event that a soils problem is identified, the soils investigation shall recommend the corrective action which is likely to prevent structural damage to each structure or improvement proposed to be constructed in the area where the soils problem exists.

D.    Approval: The city council may approve the subdivision or portion thereof where soils problems described in subsection C of this section exist if it determines that the recommended remedial action is likely to prevent structural damage to each structure or improvement to be constructed, and as a condition to the issuance of any building permit, may require that the approved recommended action be incorporated in the construction of each structure or improvement. (1972 Code § 16.04.070; amd. 2003 Code)

13.04.090 GRADING PLAN REQUIRED; WAIVER:

A grading plan, prepared by an engineer licensed to do so by the state, is required for all subdivisions, except as otherwise specifically provided in this section. Such plan shall be filed with the tentative map and shall show the grade of the property to be subdivided, and the grade of said property in relation to that of all adjacent lands. Provided, however, that for subdivisions for which the filing of a final map is not required, a grading plan may be waived upon the recommendation of the city engineer. (1972 Code § 16.04.075)

13.04.100 WAIVER OF INADVERTENT ERRORS:

The city council, in the case of tentative, parcel and final maps, may waive the provisions of California Government Code section 66473 in accordance with the conditions therein specified. (1972 Code § 16.04.080)

13.04.110 REGULATIONS ON FILE:

All regulations relating to subdivisions not contained in this city code shall be kept on file at the city hall and available for public inspection. (1972 Code § 16.04.090)


1

Gov.C. § 66410 et seq.