Richmond Municipal Code Ch. 12.52 Implementation of Alquist-Priolo Special Studies Zones Act

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 the intent of the Act, the City declares that the latest applicable provisions of the Alquist-Priolo Special Studies Zones Act, the current Policies and Criteria established and adopted by the State Mining and Geology Board, and the latest special studies zones maps of the State Geologist that affect said City are adopted by reference and made a part of this chapter as though fully set forth herein and are superimposed upon the seismic safety element of the general plan of the City.

The current special studies zones maps that affect the City and any other documents referenced in this chapter will be deposited with the City Clerk and shall be maintained at all times by said clerk for use and examination by the public. Copies of the current special studies zones maps shall be made available to the public at a reasonable cost.

The provisions of this chapter shall apply to permits for subdivisions, land divisions, buildings, or structures and are not intended to supplant the geologic investigations required by Article XII, Chapter 12.44 of this Code.

For the purposes of this chapter, certain words and phrases are defined, unless it is apparent from their context that a different meaning is intended:

(1) "Active fault" is a fault where surface displacement has occurred within Holocene time.

(2) "Fault" is 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. Most faults are the result of repeated displacement which may have taken place suddenly or by slow creep or by a combination thereof.

(3) "Fault trace" is the line formed by the intersection of a fault and the earth's surface.

(4) "Geologic report" is a report prepared by a geologist for a particular site, which is directed toward the problem of potential surface fault displacement and the damage which would result therefrom.

(5) "Geologist" is a geologist registered as such by the Department of Professional and Vocational Standards of the State and licensed by the State Board of Registration for Geologists and Geophysicists to practice geology in the State.

(6) "Special studies zones" are those areas within the boundaries of the special studies zone as adopted by the State Mining and Geology Board pursuant to the Alquist-Priolo Special Studies Zones Act.

(7) "Special studies zone maps" are those maps delineating the special studies zones within the City.

In accordance with Section 2623 of the California Public Resources Code and the Policies and Criteria of the State Mining and Geology Board, every applicant for a development permit for any project located wholly or partially within a special studies zone shall submit four copies of a geologic report prepared by a geologist registered in the State to the department of public works, unless such report is waived pursuant to said Section 2623. Geologic reports shall be in substantial conformity with the current Guidelines for Evaluating the Hazard of Surface Fault Rupture prepared by the State Mining and Geology Board. Said guidelines are by this reference incorporated in this chapter and made a part hereof and shall be maintained as a public record in the office of the clerk.

(a) Applicants filing geologic reports or seeking a waiver of the requirement of a geologic report shall pay to the City a filing fee to cover the costs incurred by the City in evaluating geologic reports and waiver applications. The amount of the fee in each case will be determined in accordance with the fee schedule established by resolution of the council, and is nonrefundable.

(b) Should the actual costs incurred by the City in evaluating a geologic report or waiver application exceed the amount of the filing fee received from the applicant, the difference will be charged to the applicant, and the City will withhold approval of the building permit or subdivision map until full payment is received. If full payment is not received from the applicant, said costs may become a lien upon the real property, pursuant to subsection (c) of this section.

(c) The Director of Public Works shall keep an itemized account of the costs incurred by the City in evaluating a geologic report or waiver application, together with any administrative costs incurred by the City in collecting these costs from the applicant. Such accumulated costs shall be presented to the City Council in a proposed resolution every six months. Said resolution shall be filed with the City Clerk between the second and last Mondays in January and July of each year for adoption by the City Council. Such costs shall, pursuant to said resolution, be assessed and become a lien on the real property evaluated in said geologic report or waiver application; provided, however, that said costs may be paid at any time before they become a lien as provided in this section.

The Director of Public Works is designated as the enforcing officer of this chapter.

(Source: Ord. No. 27-76 N.S.)