Chapter 15.12 DEVELOPMENTS IN GEOLOGIC HAZARD AREAS

A. The purpose of this chapter is to protect the health, safety and welfare of the residents of Trinidad by minimizing the risk of carrying out development in areas subject to specific geologic hazards.

B. This chapter addresses geologic reporting requirements, development limitations, exemptions and project review procedures to satisfy the mandated provisions of the Act. [Ord. 86-185 §§ 1.01, 2.01, 1986].

15.12.020 Authority.

The city’s authority to regulate such development is contained in Public Resources Code Section 2621 et seq., the Alquist-Priolo Special Studies Zone Act of 1972, as amended, hereinafter referred to as “the Act,” and is incorporated by reference in this chapter. [Ord. 86-185 § 1.02, 1986].

15.12.030 Local adoption.

Provisions of the Act provide for local agency adoption of ordinances and other such implementation measures as are necessary to carry out the Act. This chapter intends to accomplish this for land within the jurisdiction of the city. [Ord. 86-185 § 1.03, 1986].

15.12.040 References to reports and waivers.

Special study zone reports are described in TMC 15.12.160 through 15.12.190 and are hereinafter referred to as “reports.” Waivers to such reports are described in TMC 15.12.200 through 15.12.220 and are hereinafter referred to as “waiver(s).” [Ord. 86-185 § 2.02, 1986].

15.12.050 Maps.

A. This chapter includes the maps, developed by the state, that establish the special study zones and show areas of active fault traces.

B. Maps to be prepared for the Trinidad general plan and showing areas of fault rupture hazards are also declared to be part of this chapter by reference. [Ord. 86-185 §§ 2.03, 2.04, 1986].

15.12.060 Definitions.

For the purposes of this chapter:

“Active fault” means a fault, as defined by the Act, that has had surface displacement within Holocene time (about the last 11,000 years), hence constituting a potential hazard to structures that might be located across it. Also referred to as “known active fault.”

“City geologist” means a geologist reviewing such reports on behalf of the city and is hereinafter referred to as the “city geologist.”

“Consulting geologist” means a geologist preparing a report pursuant to this chapter and is hereinafter referred to as the “consulting geologist.”

“Decision-making body” means the body making the decision on the project for which a report or waiver is required.

“Fault trace” means that line formed by the intersection of a fault and the earth’s surface, and is the representation of a fault as depicted on a map, including maps of special study zones.

“Geologist” means a registered geologist, licensed by the State Board of Registration for Geologists and Geophysicists to practice geology in California.

“Known active fault,” as defined by the Act, means faults which have been identified as being active during Holocene time (approximately the last 11,000 years).

“Lead agency” means the city or county with the authority to approve projects.

“Official maps” means maps prepared by the State Geologist to implement the Alquist-Priolo Special Studies Zone Act of 1972.

“Project” means any development subject to the provisions of this chapter.

“Recommending body” means the planning commission for those projects which require planning commission review and recommendation for council action (but are ultimately reviewed by the city council), and for which a report or waiver is required.

“Report” means a geologic report, prepared by a geologist registered in the state, and is directed to the problem of potential surface fault displacement.

“Shall, will, may” are mandatory and directory. “May” indicates permission, choice, or that a range of options could be exercised.

“Special study zones” means areas delineated by the State Geologist, pursuant to the Act.

“Structure for human occupancy” means any structure used or intended for supporting or sheltering any use or occupancy which is expected to have a human occupancy rate of more than 2,000 person-hours per year.

“Waiver” means the waiver of the requirement that a report, pursuant to this chapter, be prepared, upon following the waiver application procedure described in this chapter, and upon approval of the State Geologist. [Ord. 86-185 § 3, 1986].

15.12.070 General applicability.

These provisions shall apply to:

A. Any subdivision of land which is subject to the Subdivision Map Act, Government Code Division 2 (commencing with Section 66410) of Title 7, and which contemplates the eventual construction of structures for human occupancy.

B. Structures for human occupancy except as exempted under TMC 15.12.110. [Ord. 86-185 § 4.01, 1986].

15.12.080 Conversion to human occupancy.

No change shall be permitted in the use or character of occupancy which results in the conversion of a building or structure from one not intended for human occupancy to one which is so intended, unless the building or structure complies with provisions of the Act. Determination of such compliance shall be made in accordance with the provisions of this chapter. [Ord. 86-185 § 4.02, 1986].

15.12.090 Applicable permits.

These provisions shall also apply to applications for planned developments, conditional use permits, coastal development permits or building permits for any development or structures intended for human occupancy, except as provided in TMC 15.12.110. [Ord. 86-185 § 4.03, 1986].

15.12.100 Provisions not exclusive.

This chapter is not intended to supplant the geologic investigations required by Chapter 70, Uniform Building Code, and those required by TMC Titles 16 and 17 for the purpose of determining other geologic hazards. [Ord. 86-185 § 4.03, 1986].

15.12.110 Exceptions.

The provisions of this chapter do not apply to:

A. Structures not intended or used for human occupancy. A structure for human occupancy is a building, as defined by the Uniform Building Code, which is expected to have a human occupancy rate of more than 2,000 person-hours per year;

B. A single-family wood-frame dwelling not exceeding two stories when such dwelling is not part of a development of four or more dwellings. For the purposes of this chapter, “single-family wood-frame dwelling not exceeding two stories” shall include mobile home whose body width exceeds eight feet;

C. Single-family wood-frame dwellings to be built on parcels of land for which geologic reports have been prepared pursuant to the provisions of this chapter;

D. Alterations, additions or repairs to an existing structure; provided, that aggregrate value of such work does not exceed 50 percent of the value of the existing structure and does not adversely affect the structural integrity of the structure. Value shall be determined as “replacement in kind” as defined in the Uniform Building Code;

E. 1. Swimming pools, decorative walls, fences, nonoccupancy accessory uses and minor work of a similar nature. New improvements of this type shall not be included in the valuation totals described in subsection (D) of this section;

2. “Minor work of a similar nature” shall be determined by agreement between the city planner and the city geologist;

F. The conversion of an existing apartment complex into a condominium;

G. Alterations or additions to any structure within a special studies zone the value of which does not exceed 50 percent of the value of the structure. [Ord. 87-193 § 1, Exh. A, 1987; Ord. 86-185 § 5, 1986].

15.12.120 Geologist – Retention.

The city shall retain a geologist, as described herein, to review special study zone reports and waivers on a case-by-case basis, and to confer with other city staff on the the application of this chapter as set forth by provisions therein. [Ord. 86-185 § 6.01, 1986].

15.12.130 Geologist – Duties.

The city geologist shall be retained for the express purpose of meeting the city’s responsibilities with respect to the Act pursuant to this chapter. [Ord. 86-185 § 6.02, 1986].

15.12.140 Geologist – Duties – Limitations.

Unless specifically retained to do so, the city geologist shall not be required to act as reviewing geologist for projects and geologic report requirements not subject to Alquist-Priolo special studies zone review or pursuant to this chapter unless specifically retained to do so. [Ord. 87-193 § 1, Exh. A, 1987; Ord. 86-185 § 6.03, 1986].

15.12.150 Geologist – Conflict of interest.

The fact that a particular geologist or geologic consulting firm is retained as the city geologist for review of fault hazard study zone reports shall not, by itself, constitute a conflict of interest for that geologist or firm in preparing geologic reports outside the scope of this chapter and for a project and site other than that for which the geologist reviews a report on behalf of the city. [Ord. 86-185 § 6.03, 1986].

15.12.160 Reports – Generally.

A geologic report, directed to the problem of potential surface fault displacement, shall accompany all applications for development within a delineated special studies zone as shown on official maps unless such development is exempt or the report is waived pursuant to the provisions of this chapter. [Ord. 86-185 § 7.01, 1986].

15.12.170 Report – Basis of investigation.

The report shall be based on a geologic investigation designed to identify the location, recency and nature of faulting that may have affected the project site in the past and may affect the project site in the future. The report may be combined with other geologic or geotechnical reports. [Ord. 86-185 § 7.02, 1986].

15.12.180 Report – Contents.

A. Reports submitted for projects within an active fault zone shall contain evidence that items identified in Appendix C, Fault-Rupture Hazard Zones in California, Special Publication No. 42 (or current equivalent) were considered. When one of these items is not found to be pertinent to a particular report, or not significant, the report shall present the rationale for such omission. The rationale may take the form of a brief statement, if appropriate. The city geologist and the consulting geologist should attempt to determine such items of nonpertinence and nonsignificance at the time they confer (pursuant to (o) PROCEDURE: 4).

B. Changes to items identified in Appendix C, Fault-Rupture Hazard Zones in California, Special Publication No. 42 may be made by the city geologist with the consent of the city planner and the city engineer. [Ord. 86-185 § 7.03, 1986].

15.12.190 Report – Review checklist.

A. The city should develop a checklist of items to be included in reports, pursuant to this chapter.

B. The purpose of the checklist is to identify those items, presented in Fault-Rupture Hazard Zones in California, Special Publication No. 42 (or current equivalent) for the preparation and review of reports.

C. The checklist should be prepared, and future revisions made, in consultation with the city geologist, and other city staff as possible. [Ord. 86-185 § 7.04, 1986].

15.12.200 Waivers – Generally.

A. Section 2623 of the Act states “ . . . if the city . . . (having jurisdiction over the lands) finds that no undue (fault) hazard exists, the geologic report on such hazard may be waived, with approval of the State Geologist.”

B. A report may be waived following approval of a waiver application, pursuant to the provisions of this chapter. [Ord. 86-185 § 8.01, 1986].

15.12.210 Waivers – Request.

The property owner, in requesting such a waiver, shall complete, with the city geologist, the state waiver form, Appendix D, Fault-Rupture Hazard Zones in California, Special Publication No. 42 (or current equivalent). The waiver form shall be accompanied by supporting statements in writing that will justify approval of the waiver. [Ord. 86-185 § 8.02, 1986].

15.12.220 Waivers – Review.

Upon approval of the State Geologist, the waiver shall be reviewed for adoption by the city decision-making body as set forth in TMC 15.12.230 through 15.12.250. [Ord. 86-185 § 8.03, 1986].

15.12.230 Reports and waivers – Concurrent projects – Disposition.

A. The review and adoption of a required report or waiver for a given project shall be conducted concurrently with other required review for that project whenever possible.

B. Reports shall be approved by the decision-making body prior to approval of a project requiring such a report pursuant to this chapter. Waivers, approved by the State Geologist, shall be accepted by the decision-making body prior to approval of a project for which such waiver is prepared.

C. When the planning commission is the recommending body for a project, the planning commission shall make recommendations to the council as to the disposition of the report or waiver. Such recommendations shall be presented concurrently with the other planning commission recommendations and approvals required for that project.

D. The city shall not undertake to begin the following procedures or preparation of a waiver application until fees have been paid as provided for in TMC 15.12.310 through 15.12.340. [Ord. 86-185 § 9.01, 1986].

15.12.240 Reports and waivers – Applications – Acceptances.

Applications requiring a report or waiver will not be considered complete until the report or waiver has been accepted by the city geologist, or in the case of an appeal, by the decision-making body. [Ord. 86-185 § 9.02, 1986].

15.12.250 Project review and approval.

The following procedure shall be followed with respect to project review and approval:

A. The city planner, in consultation with the city geologist as necessary, shall determine if a proposed project is located within the special study zone or is exempt from report/waiver requirements as set forth in this chapter.

B. If a proposed project is subject to the provisions of this chapter, the city shall inform the applicant that a report or waiver is required. The city geologist shall determine if a waiver is appropriate.

C. The city shall provide a written estimate to the project applicant, from the city geologist, for the cost of the review and related expenses as described in TMC 15.12.310 through 15.12.340; this section shall apply to review of a report as well as to the preparation and review of a waiver application.

D. Upon notice from the applicant that he/she is ready to contract with a consulting geologist, the consulting geologist and the city geologist shall meet and confer as to the scope and content of the report. The intent of this procedure is to clarify the issues specific to the site and report and avoid preparation of a report unacceptable to the city geologist.

E. The city geologist shall review the report and make a recommendation to the planning commission regarding adoption of report (or waiver) and measures, recommended by the report, that mitigate fault-rupture hazards. The city geologist shall specify which of these measures, and/or other measures as the city geologist deems necessary, should be included as conditions of approval of the project.

F. The planning commission shall review the recommendation of the city geologist as to the adoption of the report and measures to be included as conditions of approval of the project.

G. The planning commission shall adopt the report (or recommend adoption of the report to the city council) prior to approval of the project (or recommendation to the council that the project be approved), as applicable.

H. In the event that the planning commission rejects the report, and such rejection is not in conjunction with disapproval of a project, the planning commission shall advise the applicant as to the repreparation or revision necessary for an acceptable report.

I. The city shall send a copy of the completed report to the State Geologist within 30 days following the report’s acceptance for the purpose of complying with TMC 15.12.260 through 15.12.300. [Ord. 86-185 § 9.03, 1986].

15.12.260 Construction restrictions – Fault lines.

Pursuant to the provisions of this chapter, and except as provided for in TMC 15.12.110, no building permit shall be issued nor shall any structure to be used for human occupancy be constructed over or within 50 feet of a known active fault or fault trace which is shown on official maps. No such construction shall be permitted within 50 feet of any fault trace unless it can be shown that the fault is not active or potentially active as defined by the Act or it can be shown in the report, to the satisfaction of the city geologist and the decision-making body, that a lesser setback can be accomplished safely. [Ord. 87-193 § 1, Exh. A, 1987; Ord. 86-185 § 10.01, 1986].

15.12.270 Construction restrictions – Inclusion of report recommendations.

Construction activities will also incorporate the recommendations contained in the special studies zone report as recommended by the city geologist and adopted by the decision-making body. Such recommendations shall include provisions to mitigate such hazards as affect the particular project, including but not limited to ground ruptures, shaking, liquefaction, landslides or settlement due to seismic compaction. [Ord. 86-185 § 10.02, 1986].

15.12.280 Subsurface exploration.

The necessity of subsurface investigation shall be identified at the time the consulting geologist and the city geologist meet and confer as to the scope and content of the report as provided under TMC 15.12.250(D). [Ord. 86-185 § 10.03, 1986].

15.12.290 Maps.

A. The city shall maintain, and make available to the public, maps showing the location of known active faults as these features are identified within the city limits and lands within its jurisdiction.

B. The city shall submit the following to the State Geologist as such information becomes available: geologic investigations, mapping, aerial photographs or other acceptable data showing the presence, absence, or more precise location of a known active fault. The purpose of this measure is to more accurately assess, or confirm, the actual location of fault rupture hazards as investigations are made for projects. [Ord. 86-185 § 10.04, 1986].

15.12.300 Disclosure.

A person who is acting as an agent for a seller of real property which is located within a delineated special studies zone, or the seller if he or she is acting without an agent, shall disclose to any prospective purchaser the fact that the property is located within a delineated special studies zone. [Ord. 86-185 § 10.05, 1986].

15.12.310 Fees – Generally.

The city shall require the project applicant to pay all costs for the city geologist to review the report or waiver thereof. [Ord. 86-185 § 11.01, 1986].

15.12.320 Fees – Cost – Basis of fees.

These costs shall include, as applicable: review of the report or waiver by the city geologist, mailing fees, duplication costs, public notification expenses and long distance phone calls regarding the report. [Ord. 86-185 § 11.02, 1986].

15.12.330 Fees – Payment.

Applicant shall pay the full estimate at the time of project application submittal. Surplus funds shall be refunded after the appeal period is completed. [Ord. 86-185 § 11.03, 1986].

15.12.340 Fees – Costs revision.

In the event that costs exceed the estimate, the city shall advise the applicant as soon as a new estimate can be prepared. The balance shall be paid prior to project review by the decision-making body. [Ord. 86-185 § 11.04, 1986].

15.12.350 Appeals – Period.

A 10-day appeal period shall follow the decision of the decision-making body regarding the report or waiver. [Ord. 86-185 § 12.01, 1986].

15.12.360 Appeals – Procedure.

Any person aggrieved by the decision of any city official, agency, board or commission rendered pursuant to the Alquist-Priolo Act or this chapter may appeal such decision in accordance with TMC 17.72.100. This procedure applies to a grievance by the applicant relating to the processing and/or city staff review of a report or waiver pursuant to this chapter. [Ord. 86-185 § 12.02, 1986].