Arcadia Municipal Code Ch. 7 Special Studies Geologic Zones Code

This Chapter is hereby adopted and established to provide for the public safety in hazardous fault zones and shall be known as the City of Arcadia Special Studies Geologic Zones Code.

Chapter 7.5 of Division 2 of the California Public Resources Code, known as the Alquist-Priolo Special Studies Zones Act, requires that the State Geologist delineate Special Studies Zones to encompass all potentially and recently active faults in California that constitute a potential hazard to structures from surface faulting. The Act requires cities and counties to exercise specified approval authority with respect to new real estate developments and structures for human occupancy. In compliance with the provisions and intent of the Act, the City of Arcadia hereby declares the Alquist-Priolo Special Studies Zones Map of the State Geologist that affects the City of Arcadia is by this reference incorporated herein as though fully set forth.

For the purpose of this Chapter, certain words and terms are hereby defined as follows:

a. Active Fault. A fault along which movement has occurred within the past eleven thousand (11,000) years.

b. Development Permit. A building permit or the approval of a tentative map or a tentative parcel map.

c. Fault. A fracture or zone of closely associated fractures along which rocks on one side have been displaced with respect to those on the other side.

d. Fault Trace. The line formed by the intersection of a fault and the earth's surface. The delineation of a fault on a map of the Special Studies Zones.

e. Potentially Active Fault. A fault along which movement has occurred within the past three million (3,000,000) years.

f. Project. A project shall include any one of the following:

1. Any division or consolidation of land which contemplates the eventual construction of structures for human occupancy.

2. Any structure for human occupancy except (1) a single family wood frame dwelling not exceeding two stories, (2) the conversion of an existing apartment building to a condominium.

3. Any single family wood frame dwelling which is built or located as part of a development of four or more such dwellings constructed by a single person, individual, partnership, corporation, or other organization.

4. Any improvements or additions to a structure for human occupancy, other than a single family wood framed dwelling not exceeding two stories that exceeds fifty percent (50%) of the present market value of said structure as listed on the latest equalized assessment roll, or by an independent appraiser.

g. Special Study Zone. An area of limited extent centered on a positioned fault. The zone boundaries are positioned approximately six hundred sixty (660) feet on either side of a fault. The Special Studies Zones are believed by the State Geologist to warrant special geologic investigations to confirm the presence or absence of hazardous faults.

h. Structure for Human Occupancy. Any structure that is habitually or primarily occupied by humans.

The Official State Maps delineating the Special Studies Zones affecting the City of Arcadia shall be maintained by the Planning Department. Copies of said maps shall be made available to the public at a cost.

The Planning Department shall prepare and maintain detailed maps of the Special Studies Zones which specify the parcels to be included in said zones. In addition, the Planning Department shall compile a list of addresses which identify the affected parcels. Said list shall be for general information and is not to be construed as an official list. Said list shall be made available to the public at a cost.

Any modifications or changes in the boundaries of the Special Studies Zones issued by the State Geologist affecting the City of Arcadia shall be reflected in the aforementioned maps and list by the Planning Department.

The following regulations shall apply to all structures and properties:

a. No structure for human occupancy shall be built over a potentially active, or an active fault trace.

b. The area within fifty (50) feet of a fault shall be assumed to be underlain by active branches of that fault unless and until proven otherwise by an appropriate geologic investigation. This fifty (50) feet setback requirement is intended to represent a standard geologic discretionary setback and may be modified in accordance with the following: (1) a setback less than fifty (50) feet may be allowed if, in the judgment of the City's geologist, after reviewing a geologic study, that a lesser setback would in no way result in any unnecessary risk of structural damage to the proposed structure or use due to surface rupture, (2) a setback greater than fifty (50) feet may be required if deemed as necessary by the City's geologist for certain high risk structures, including but not limited to schools, hospitals, and buildings over two (2) stories in height.

c. A person who is acting as an agent for a seller of real estate or a person who is acting without an agent shall disclose to any prospective buyer the fact that the property is located within a delineated Special Studies Zone. This disclosure shall be in a written form and signed by the purchaser prior to entering escrow.

Before a development permit for any project within Special Studies Zones may be granted by the City, a geologic report shall be prepared for the project and a recommendation of approval or conditional approval of the development permit is given by the Planning Director or his designated representative.

Geologic reports required by this Chapter shall be prepared in accordance with the outline set forth by the State of California Board of Mines and Geology.

Geologic reports shall be prepared by or under the direction of a geologist registered in the State of California, who shall sign and affix his registration number to the report.

The submission of an application for development permit and appropriate permit fees for any project within a Special Studies Zone shall be accompanied by five (5) copies of the required geologic report and a filing deposit of five hundred dollars ($500). The costs to the City for processing and reviewing the geologic report shall be deducted from said deposit.

The applicant shall receive an itemized list of expenditures.

The applicant shall receive any unencumbered portion of the deposit following the City's action on the application.

If the costs appear that they will exceed the amount of the deposit, the applicant shall be so informed in writing along with an itemized list of expenditures to date, and shall provide such additional deposit as may be required to cover costs before such costs are incurred.

The City shall not incur costs beyond the amount on deposit with the City.

The City shall retain a technically qualified geologist who shall review geologic reports and prepare a brief written statement of findings and recommendations within thirty-five (35) days of the filing of the application.

The City's geologist shall recommend either approval, conditional approval, or disapproval of an application for a development permit.

The Planning Director or his designated representative shall consider the recommendations of the City's geologist and may either recommend approval, conditional approval, or denial of the application for a development permit.

Within five (5) days after the decision of the Planning Director or his designated representative under Section 3704.1, the applicant or other interested person may appeal from said decision in accordance with the following:

a. The letter of appeal to the City Council shall be filed with the City Clerk.

b. The applicant shall provide ten (10) additional copies of the report and a filing fee of two hundred dollars ($200) upon filing the appeal and no appeal shall be considered filed unless accompanied by aforesaid fee and reports.

A hearing on an appeal shall be scheduled for a regular City Council meeting to be held not less than ten (10) days nor more than forty (40) days from the date of the filing of said appeal.

c. The applicant or his technical representative shall be present to give oral testimony and answer the questions of the City Council.

d. The City's geologist shall be present at the hearing, as well, to give oral testimony and answer the questions of the City Council.

e. The Planning or Engineering Departments shall prepare staff reports for the City Council. These staff reports shall be supplemental to the Geologic Report and may contain additional recommendations and supporting data.

f. The City Council may, at its discretion, consult with a third independent Geologist prior to making its decision and may continue the Appeals Hearing until such time as a third opinion can be rendered. The cost of a third consultant shall be paid by the applicant. Failure of the applicant to agree to these costs will result in the termination of the appeal.

g. At the conclusion of all testimony and presentation of evidence, the City Council shall act by approving, conditionally approving, or denying the appeal. The decision of the City Council shall be final.

h. Any action taken by the Planning Director, his designated representative or City Council pursuant to this Code recommending approval or conditional approval of a development permit under the provisions of this Special Studies Geologic Zones Code shall not be construed as any other approval or conditional approval of the development permit for said project required by any other provision of the Arcadia Municipal Code.

If previous geologic studies in the proximity of a proposed project provide sufficient information to determine the absence or presence of potential surface rupture, a Geologic Report may be waived.

The State Geologist will approve waiver requests only after receiving a waiver form completed by the City's Geologist and the property owner and accompanied by supporting statements and data in writing that would justify the approval of the waiver request.

Waiver requests requiring the services of the City's Geologist shall be accompanied by a deposit of one hundred ($100) dollars to pay for the processing costs incurred by the City.

If the costs appear that they will exceed the amount of the deposit, the applicant shall be so informed in writing along with an itemized list of expenditures to date, and shall provide such additional deposit as may be required to cover the costs before such costs are incurred.

The City shall not incur costs beyond the amount on deposit with the City. (Adopted by Ord. 1581. Effective as an Urgency Ord. 1-1-77. Effective as a Regular Ord. 2-4-77)