This chapter is enacted pursuant to Sections 17953 through 17957,
inclusive, of the Health and Safety Code. The city engineer is charged
with the administration and enforcement of the provisions of this
chapter, relating to preliminary soil reports and soil investigations.
(Prior code § 12-2660)
At the time of filing any tentative map pursuant to this title,
the subdivider shall file a preliminary soil report of the subdivision,
based upon adequate test borings or excavations, unless the city engineer
determines that no preliminary analysis is necessary, due to his existing
knowledge of the soil qualities of the soil of the subdivision. Such
report shall be prepared by a registered civil engineer.
(Prior code § 12-2661)
If the preliminary soil report indicates the presence of critically
expansive soils or other soil problems which, if not corrected, would
lead to structural defects, then the subdivider shall file a soil
investigation of each lot of the subdivision. The soil investigation
shall be prepared by a registered civil engineer and shall recommend
corrective action which is likely to prevent structural damage to
each structure proposed to be constructed on the expansive soil.
(Prior code § 12-2662)
When the city engineer determines that the recommended action
is likely to prevent structural damage to each structure to be constructed,
he shall approve the soil investigations. No tentative or final map
shall be approved by the planning commission or the city council until
said soil investigation, if required, has been approved by the city
engineer, or the planning commission or city council, as hereinafter
provided. As a condition to the issuance of any building permit, the
approved recommended action shall be incorporated into the construction
of each structure in the subdivision.
(Prior code § 12-2663)
If the subdivider is dissatisfied with any action by the city engineer in relation to the preliminary soil report or the soil investigation, he may appeal to the planning commission within fifteen days after notice of such action. It shall hear the appeal at its second succeeding regular meeting upon notice to the subdivider and the city engineer. Upon hearing the appeal the planning commission shall hear all witnesses produced by the subdivider and the city engineer and shall declare its findings not later than the next succeeding regular meeting after the conclusion of the hearing. The planning commission may approve, conditionally approve or disapprove the action of the city engineer, in accordance with the facts and expert opinions produced before it, and the standards set forth in Section 16.36.040.
If the subdivider is dissatisfied with the action of the planning commission, he may appeal to the city council for a public hearing thereon, in the manner provided for appeals of actions on the tentative map, as provided in Section 16.40.070 and the city council shall hear and determine said appeal in the manner provided in said section.
(Prior code § 12-2664)
