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Home My WebLink AboutItem 6.2 AmndSubdivOrdSoilRptsCITY OF DUBLIN AGENDA STATEMENT City Council Meeting Date: April 23, 1990 SUBJECT: Public Hearing: Ordinance Amending Certain Provisions of Subdivision Ordinance Relating to Soils Reports) (Report by Public Works Director Lee Thompson) EXHIBITS ATTACHED: RECOMMENDATION~~ 1) 2) 3) 4) 5) 1) Draft Ordinance 2) Excerpt from Ordinance 19-83 3) SB 423 Open public hearing. Receive Staff presentation and public testimony. Question Staff and the public. Close public hearing and deliberate. Waive reading and INTRODUCE ordi~a~nce amending certain provisions of Chapter I~6r Title 8 of the Subdivision Ordinance as adopted~by the City of Dublin. FINANCIAL STATEMENT: None associated with adopting of ordinance. Staff's time in reviewing soils reports is paid for by the developer. DESCRIPTION: Senate Bill 423, which became effective January 1, 1990, allows a City or County Engineer to reject soils reports that are felt to be inadequate or to require corrections or amplifications to the reports. This power was not part of California law prior to the passage of SB 423. The City's Subdivision Ordinance was adopted by Ordinance 13 and amended in relation to soils reports by Ordinance 19-83, an excerpt from which is attached as Exhibit 2. The proposed new amendment is more detailed than the existing City regulation and also mimics the new State law. Staff time involved in the review of soils reports is paid for by the developer. The City Attorney has confirmed that the City can also require review by a City- hired consultant and can require that the developer pay that cost under the City's adopted fee schedule ordinance. Staff recommends that the City Council conduct a public hearing, waive the reading, and INTRODUCE the ordinance amending certain provisions of Chapter I of Title 8 of the Subdivision Ordinance as adopted by the City of Dublin. - ORDINANCE NO. - 90 AN ORDINANCE OF THE CITY OF OUBLIN AN ORDINANCE AMENDING CERTAIN PROVISIONS OF CHAPTER I OF TITLE 8 OF THE SUBDIVISION ORDINANCE AS ADOPTED BY THE CITY OF DUBLIN, RELATING TO SOILS REPORTS THE CITY COUNCIL OF THE CITY OF DUBLIN DOES ORDAIN AS FOLLOWS: Section 1. AMENDMENTS Section 8 - 2.4(c) of Chapter I of Title 8 of the Alameda County Code as adopted by the city of Dublin by Ordinance No. 13, and as amended by DUblin Ordinance No. 19-83, is amended to read as follows: "Ce) A preliminary soils investigation report prepared by a Soils Engineer who is a civil Engineer registered by the state of California. This report shall be submitted to the City Engineer for review. The city Engineer may review the report and may require additional information or may reject the report if it is found to be incomplete, inaccurate, or unsatisfactory. Said data and material shall be consistent with requirements and specifications of the Dublin Grading Ordinance. Additional reports and data may be required by the Planning Director when deemed necessary due to r , ~~~~~1r I C:0d %1..\1 T8pp-TS[/STp:ON l31 I ll:J 1::!_..... , ~1 h' :-" :....... , , ""_1. __-' !!. f scale of the proposed subdivision or presence of potential hazardous or environmentally sensitive ~ullulLlulI!l. (d) A report evaluating the geological conditions present, prepared by a Geologist certified in Engineering Geology by the State of California." section 2. postina and Effective Date. This Ordinance shall take effect and be in force thirty (30) nAY~ Ernm Ann AE~~r ~h~ n~~~ n~ ;r~ pA~~A~~_ Th~ ~ity ~19rk Q~ the city of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with section 36933 of the Government Code of the State of California. PASSED, APPROVED AND ADOPTED this day of 1990, by the following vote: AYES: NOES: ABSENT: Mayor ATTEST: City Clerk mnrw\114\ord\AMDCHPI.FSE 2 [0d S6<'.1I TBvv-TS[/STv:ON l31 l~ 13 3~~N S~3^3W:GI SG:0T G3M 06,-BT-~d~ ~ ORDINANCE NO. 19-83 AN ORDINANCE OF THE CITY OF DUBLIN AMENDING CERTAIN PROVISIONS OF CHAPTER 1 OF TITLE 8 OF THE SUBDIVISION ORDINANCE AS ADOPTED BY THE CITY OF DUBLIN The City Council of the CITY OF DUBLIN does ordain as follows: SECTION 1 AMENDMENTS Section 8-1.3(a) is amended to read as follows: (a) "The Planning Commission is the Advisory Agency for the approval or disapproval of parcel maps and tentative maps. The Planning Director or his designated representative, is the Advisory Agency for any other subdivision matters and is resoonsible for analyzing the design and coordinating the pro~essing of proposed subdivisions within the City departments and public agencies and, upon appeal, reporting thereon to the City Council." ~ Section 8-2.4 is amended to read as follows: 8-2.4 Data and Material to Accompany Filing. For any subdivision into five or more lots and, when required by the advisory agency, for any other subdivision, the tentative map shall include:. (a) A preliminary grading plan prepared by a Civil Engineer registered by the State of California. {b) A conceptual plan for soil erosion and sediment control for both construction and post-construction periods prepared by the Civil Engineer or, with respect to the soil erosion control provisions, by a Landscape Architect regis=ered by the State of Ca!ifcrnia. (c) A soils-geologic investigation report. Said data and material shall be consistent with requirements and specifications of the Dublin Grading Ordinance. Adiitional r~ports and data may be required by the Planning Director when deemed necessary due to scale of the proposed subdivision or presence of potential hazardous or environmentally sensitive conditions. Section 8-2.9 is amended to read as follows: 8-2.9. Effective Period. The approval of a tentative map shall be effective for two and one half years, or for such shorter period as may be specified by the advisory agency in approving the tentative map. Upon application of the subdivider during the effective period, an extension of the effective period up to three years may be granted or conditionally granted by the Planning Commission, which is designated the advisory agency for this purpose, upon the determination that circumstances under which the map was approved have not changed to thc extent which would warrant a change in the design or improvement of the tentative map. Section 8-3.5 is amended to read as follows: 8-3.5 Grading. Subdivision grading shall conform with the intent, general requirements and lot design requirements of this chapter, shall be consistent with recommendations contained in the so%!s-geologic investigation report, and shall specifically conform with all design standards and criteria contained in Dublin Grading Ordinance. Ail such design standards and criteria are incorpcrased herein by reference. -1- H!Si T Senate Bill No, 4'~3 CttAPTER 133 An act to amend Section 66491 of the Government Code, relating to subdivisions. [Approved by Governor July 13, 19S9. Filed with ' Secr~etary ol' State J'uly 13 19S9.] ' LEGISLATIVE COUNSEL'S DIG~T SB 4~3, Stifling. Subdivisions: soil reports: engineers. Existing law requires each city, county, and city and county to enact an Ordinance requiring a preliminary soils report of every subdivision for which a tentative and final map is required. Existing law requires that the report be prepared by a civil engineer who is registered by the state. This bill would permit the report to be submitted to and reviewed by the city or count)' engineer, as specified. The people of the State of California do e~mct as SE~ION 1. Section 6~91 of the Government Code is amended to read: 6~91. With respect to the soils report, a local ordinance max~ provide that: (a~eliminary soils report may be waived if the loc~l agency shall determine that, due to the knowledge it h~s as to the soils qualities of the soils of the subdivision, no preliminary analysis is necessary. (b) 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, a soils investigation each lot in the subdivision may be required. (1) The 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. (2) The local agency may approve the subdivision or portion thereof where these soils problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed, and as a condition to the issuance of;my building permit may require that the approved recommended action be incorporated in the construction of each structure. (c) The preliminary soils report may be submitted to the city enginoer or county engineer for review. The city engineer or cotmty engineer may review the preliminary soils report and may retlt,ire additional information or reject the report if it i~ found to be inc. omplete, inaccurate, or unsatisfactory. EXHIBIT