The purpose of the provisions of this chapter is to require the consideration of geologic hazards when considering applications and permits for new real estate developments or structures for human occupancy.
(Prior code § 2-19.01)
For the purposes of this chapter, certain terms are defined as follows:
means any fault which has had surface displacement within Holocene time.
means the documents necessary for consideration of a land use request and the necessary authorization by various departments and governmental bodies of the city before construction may proceed. These items shall include, but not be limited to, tentative maps, parcel maps, minor subdivisions, conditional use permits, variances, and building permits.
means the director of housing and community development or his or her duly appointed representative.
means the line formed by the intersection of a fault and the earth's surface and also means the representation of a fault as depicted on a map.
means an area comprising related faults which commonly are braided and subparallel but may be branching and divergent.
means any new development of real property which contemplates the eventual construction of structures for human occupancy.
means any fault considered to have been active during Quaternary time, and which no direct evidence establishes to have become inactive before Holocene time.
means a geologist registered in the state, licensed by the state Board of Registration for geologists to practice geology in California.
means those areas, located within the city and designated as special studies zones by the state geologist pursuant to Section 2622 of the Resources Code of the state, including any revisions and additions to the special studies zones designated by the state in accordance with said section.
means a structure that is regularly, habitually, or primarily occupied by humans, excluding freeways, roadways, bridges, railways, airport runways, tunnels, swimming pools, decorative walls and fences and minor work of a similar nature, and alterations or repairs to an existing structure, provided that the aggregate value of such alteration or repair shall not exceed fifty percent of the value of the existing structure and shall not adversely affect the structural integrity of the existing structure. A mobilehome with a body width greater than eight feet is a structure for human occupancy.
(Prior code § 2-19.02)
Prior to the consideration of an application for a new real estate development or structure for human occupancy to be located in a special studies zone, the provisions of this chapter shall be reviewed and adhered to.
(Prior code § 2-19.03)
No new real estate development or structure for human occupancy shall be constructed across the trace of a known active fault which is shown on maps in the department of housing and community development. Furthermore, the area within 50 feet of an active fault shall be assumed to be underlain by active branches of the fault unless and until proven otherwise by an appropriate geologic investigation by and submission of a report from a qualified geologist.
(Prior code § 2-19.04)
The director shall review each application for a new real estate development or structure for human occupancy to determine if the proposed project is located within a special studies zone. If, after such review, it is determined that the proposed project will be located within a special studies zone, the director shall advise the applicant in writing of his or her findings and the amount required to be deposited, pursuant to the resolution establishing fees and charges for various municipal services, as codified in the appendix to Title 3 of this code, for preparation of a geologic report. Upon receipt of the required fee, the director shall cause the geologic report to be prepared by a qualified geologist selected by the city.
(Prior code § 2-19.05)
The geologic report required by this chapter shall be prepared and based on an investigation conducted in accordance with the standard practices and current state of the art used to determine the location, absence and effect of an active fault. Subsurface exploration shall be employed if a lack of distinguishable fault features in the vicinity prevents the qualified geologist from determining from on-site examination, review of available aerial photographs, or by other means whether the standards set forth in Section 17.12.040, or other standards established pursuant to this chapter are satisfied.
(Prior code § 2-19.06)
A.
Waiver. The director, based on the advice and recommendation of a qualified geologist retained by the city pursuant to this chapter, is satisfied that there is sufficient technical information available from previous geologic studies and reports to determine that no undue fault hazard exists, he or she may waive the requirement that a geologic report be prepared pursuant to this chapter. This determination shall be in writing, citing the reasons for such waiver.
B.
Exceptions. The requirements of filing a geologic report may be satisfied for an individual one-family or two-family residence if, in the judgment of the director, it has been determined from previous studies that no undue fault hazard exists. Written justification for this determination shall be transmitted by the director to the state geologist for his or her approval.
C.
State Approval Required. Any waiver or exception required shall be allowed only upon receipt of the approval of the state geologist.
(Prior code § 2-19.07)
The geologic report prepared pursuant to this chapter shall be used by the appropriate city board, commission, council or staff person required to pass upon the new real estate development or structure for human occupancy to aid it in making its decision. The approving body may approve, deny or impose necessary conditions required to protect the public health, safety and general welfare from geologic hazards.
(Prior code § 2-19.08)
The decision of the approving board, commission or staff person may be appealed pursuant to the applicable appellate provisions set forth in this code.
(Prior code § 2-19.09)
In addition to the regulations set forth in this chapter, the department of housing and community development, with the consent of the city council, may adopt such standards or regulations as are necessary to protect the public from seismic hazards. These standards or regulations may be more stringent than, but shall not be in conflict with, the provisions of any policies and criteria adopted by the State Mining and Geology Board pursuant to Section 2623 of the Public Resources Code of the state, except where more stringent standards or regulations have been adopted from time to time by the state Mining and Geology Board, shall apply within the city.
(Prior code § 2-19.10)