Chapter 17.10 — GEOLOGIC HAZARD REGULATIONS

Geologic hazards, whether natural or artificial, pose a serious threat to public safety. Geologic conditions are subject to change over time and knowledge about geologic hazards and technology is evolving. The intent of this council to ensure an appropriate level of review to projects which are located in geologically sensitive areas in order to identify any geologic hazard and impose necessary mitigations before development may be permitted.

(Ords. 24680, 25710.)

A.

No person shall construct or grade, or permit any construction or grading of any property in a geologic hazard zone except in full compliance with this chapter.

B.

Any certificate holder, contractor, certified engineering geologist or consulting geotechnical and/or civil engineer who identifies or becomes aware of any geologic hazard not fully assessed in the certificate of geologic hazard clearance shall immediately cease construction and report the information to the director of public works. Based on the new information, the director may revoke or suspend the certificate, as appropriate, pursuant to Section 17.10.330.

(Ords. 24680, 25710.)

Part 2 - DEFINITIONS

The definitions set forth in this part shall govern the application and interpretation of this chapter. Where terms are not specifically defined in this chapter, the definitions contained in Chapter 17.04 shall control.

(Ords. 24680, 25710.)

"Alteration" is any change, addition or modification in construction or occupancy of an existing structure including, but not limited to, any addition to the square footage, footprint or building envelope of the

structure, including both habitable and nonhabitable areas including decks and swimming pools.

(Ords. 24680, 25710.)

"Director" shall mean the director of public works.

(Ords. 24680, 25710.)

"Discretionary approval for development" shall mean any approval granted pursuant to Title 19 or Title 20 of this Code.

(Ords. 24680, 25710.)

"Geologic hazard" shall mean any condition in earth, whether naturally occurring or artificially created, which is dangerous or potentially dangerous to life, limb, property, or improvements due to movement, failure or shifting of earth, or which, in the opinion of the director; may lead to damage to structures located on or adjacent to soils or rocks having such conditions. For purposes of this chapter, geologic hazard includes, but is not limited to, fault ruptures, landslides, mudslides and rock falls, ground failure due to earthquake shaking, erosion and sedimentation, and creeping soil.

(Ords. 24680, 25710.)

A.

"Geologic hazard zone" shall mean any land:

In the area identified as very high landslide susceptibility, high or moderate/high landslide susceptibility zones on Plates 1C, 1D, (landslide susceptibility) of the "Technical Report, Geological Investigation, City of San José's Sphere of Influence," prepared by Cooper, Clark and Associates, dated July 19, 1974 on file in the department of public works; or

On the state of California earthquake fault zone maps on file in the department of public works; or

Within the boundary of the City of San José geologic hazard zone map dated November, 1985 on file in the department of public works; or

Within the boundary of the City of San José fault hazard zone maps dated 1983 on file in the department of public works.

B.

"Geologic hazard zone" also shall mean any land added by way of an amendment pursuant to Section 17.10.805.

(Ord. 25710.)

"Off-site evaluation" shall mean an analysis of any site not included in the application for a certificate of geologic hazard clearance which is identified in the geologic assessment or geologic investigation as potentially affecting the site or affected by the site.

(Ords. 24680, 25710.)

"Repair" is the reconstruction or renewal of any part of an existing building or structure for the purpose of its maintenance. Any enlargement of or addition to such structure shall not be considered a repair, for the purposes of this chapter.

(Ords. 24680, 25710.)

A.

"Special geologic hazard study area" shall mean any land which is located within the boundary of the City of San José Special geologic hazard study area map, on file in the department of public works.

B.

"Special geologic hazard study area" also shall mean any land added by way of an amendment pursuant to Section 17.10.805.

(Ords. 24680, 25710.)

"Standard geologic hazard study area" shall mean any land located in a geologic hazard zone which is not located in a special geologic hazard study area.

(Ords. 24680, 25710.)

"Subregional study area" shall mean that land located in a subregion or subregions of the special geologic hazard study area as shown on the City of San José special geologic hazard study area map, dated

December 12, 1995, on file in the department of public works.

(Ords. 24680, 25710.)