Part 6 — REGIONAL STUDIES

No regional study which requires or contemplates any invasive testing or soil disturbance shall be conducted by an applicant unless and until the director approves a plan for the regional study which includes but is not limited to the following requirements and mitigation measures:

All geotechnical testing shall be designed and completed under supervision of a certified engineering geologist or geotechnical engineer; and

The incorporation of specific dust control measures to avoid air quality impacts from fugitive dust; and

The preparation of habitat assessment and the incorporation of specific measures to avoid habitat and biological impacts; and

The incorporation of specific measures to avoid impacts from erosion and sedimentation of surface waters; and

The preparation of a cultural resources assessment and the incorporation of specific measures to avoid impacts to cultural resources; and

A requirement that a qualified archaeologist examine any materials exposed during testing and make specific recommendations regarding appropriate mitigation that the director shall direct the applicant to perform.

(Ord. 25710.)

A.

No geologic evaluation pursuant to Part 5 of this chapter shall be accepted for any site in the special geologic hazard study area, except as provided in subsection C. below, until the director has made a final determination that the required regional studies required by this part have been completed and the studies demonstrate to the satisfaction of the director that either:

No large, deep-seated, active or potentially unstable landslides exist within the applicable subregional study area(s) which could affect or be affected by the proposed development; or

Adequate mitigations have been identified for each large, deep-seated, active or potentially unstable landslide which could affect or be affected by the proposed development within the applicable subregional study area(s) to ensure that the landslide is sufficiently stable under both static and dynamic conditions to allow the proposed development.

B.

A regional study shall consist of an investigative study and, if required by Section 17.10.630, below, a long term study for the subregional study area(s) of the special geologic hazard study area in which the property is located and for any additional subregional study area(s) in which any new, enlarged or upgraded infrastructure needed to serve the property will be located.

C.

No investigative or long term study is required for the alteration of an existing structure in accordance with Section 17.10.415 or construction of a single family residence in accordance with Section 17.10.420.

(Ord. 25710.)

A.

All investigative and long term studies required by this part shall be submitted in writing, in a form satisfactory to the director. Such studies shall contain a full analysis and all supporting data and shall be dated and signed by the certified engineering geologist and/or registered geotechnical engineer, as appropriate.

B.

The full cost and expense of any consulting geologic or geotechnical engineer retained by either the applicant or the city, with the applicant's agreement, to perform the investigative and long term studies required by this part shall be borne by the applicant.

C.

Fees for the city's review and processing of all investigative and long term studies shall be paid at the time of the applicant's submission of each study and shall be in the amount set forth in the schedule of fees adopted by resolution of the city council. The city shall not accept any investigative or long term study for which the applicable fees have not been paid.

D.

Nothing herein shall preclude an applicant from performing a combined Investigative and long term study in lieu of separate studies.

(Ord. 25710.)

A.

The applicant shall submit an investigative study plan for approval by the director.

B.

The investigative study shall include, at a minimum, subsurface exploration including deep borings and trenching and a subregional slope stability analysis to:

Establish the boundaries, depth and characteristics of each landslide within the subregional study area(s) which could affect or be potentially affected by the development; and

Assess the static and seismic stability of landslides identified in the subarea which could affect or be potentially affected by the development including, but not limited to landslides identified in subsection B.1., above;

Identify current geologic conditions and potential future groundwater conditions which could affect or be potentially affected by the development; and

Evaluate the potential for future earth movement which could affect or be potentially affected by the development and its possible effect on public and private property; and

Identify and recommend adequate mitigation of any geologic hazard within the subregional study area(s) which could affect or be potentially affected by the development.

C.

The subsurface exploration and slope stability analysis shall include, at a minimum, all of the following items, if applicable:

Deep, continuously sampled or cored borings drilled to a depth sufficient to penetrate all potential critical landslide rupture surfaces; and

Large diameter borings; and

Installation and monitoring of piezometers or groundwater monitoring wells to evaluate groundwater conditions; and

Exploratory trenching to evaluate the surface, geologic structure, fault/shear zones, and toe(s) of identified landslide(s); and

Geophysical logging of boreholes; and

Laboratory shear strength testing.

D.

A long term study shall be conducted, unless the investigative study demonstrates, to the satisfaction of the director, that:

No deep-seated active or potentially unstable landslide exists which could affect or potentially be affected by the proposed development; or

The proposed development site and any new, expanded or upgraded infrastructure serving the development will not be endangered by deepseated active or potentially unstable landsliding; and

The proposed development and any new, expanded or upgraded infrastructure serving the development will not increase the danger that any other property or public improvements will be impacted by potentially unstable landsliding; or

Implementation of recommendations in the investigative study will fully mitigate any identified deep-seated active or potentially unstable landslide which could affect or be potentially affected by the development or any new, expanded or upgraded infrastructure.

(Ord. 25710.)

A.

If required by the director pursuant to Section 17.10.630 above, the applicant shall submit a long term study plan for approval by the director.

B.

The purpose of the long term study is to better characterize deep-seated active or potentially unstable landslides, which could affect or potentially be affected by the proposed development, determine the depths, direction and area of movement, define the limits of sliding, determine the rate of movement over time, help determine the mechanism of movement, and verify that implemented mitigation measures have been effective.

C.

The long term study shall include, at a minimum, continuous monitoring and analysis to address slope stability under both static and seismic conditions including, if applicable, and, without limitation:

Installation and monitoring of slope inclinometers; and

Installation and monitoring of surface monuments to evaluate landslide movement; and

Installation and/or monitoring of piezometers and groundwater monitoring wells; and

Slope stability analysis; and

Large diameter borings; and

Trenching and test pits; and

Deep, continuously sampled or cored borings drilled to a depth sufficient to penetrate all potential critical landslide rupture surfaces; and

Monitoring of surface and subsurface land movement with the applicable study area over time. All subsurface monitoring activities shall take place at such depth as is adequate to determine movement of all landslide slip surfaces beneath the applicable study area; and

Evaluation of landslide movement and the potential for future displacement under static and seismic conditions; and

Verification that previously implemented landslide stabilization measures, if any, have stopped movement of active landslides.

D.

The director shall review the completed long term study in order to determine whether or not the study has identified adequate mitigations for large, deepseated, active or potentially unstable landslides within the subregional study area(s) which could affect or potentially be affected by the proposed development.

(Ord. 25710.)

A.

The director shall provide the applicant with a notice of determination following any determination regarding the requirement of a long term study or the adequacy of the mitigations identified in the long term study.

The notice of determination shall be provided as set forth in Section 17.10.335.

The director's determination shall become final at the close of business on the tenth business day after the notice of determination was mailed.

B.

Before a determination becomes final as provided in subsection A. above, the applicant may request an informal hearing before the director to dispute the director's determination:

Requiring a long term study; or

That the long term study has not identified adequate mitigations for all large, deep-seated, active or potentially unstable landslides.

C.

The applicant may provide testimony and evidence at the informal hearing.

D.

The applicant may appeal the director's final determination to the city council in accordance with Section 17.10.340.

(Ord. 25710.)

Notification of the director's final determination shall be provided as set forth in Section 17.10.335, above.

(Ord. 25710.)

A.

Applicant may request a reevaluation of any final determination by the director. However, no application for reevaluation under this chapter may be requested sooner than:

Twenty-four months after the final determination has been upheld by the city council on appeal; or

Twenty-six months after the date of the notice of final determination where the final determination has not been appealed to the city council.

B.

The application for reevaluation shall be submitted to the director in writing and:

Set forth the specific grounds upon which the application for reevaluation is based, including new or additional information not available to the applicant at the time of the original determination; and

Include the certification of a certified engineering geologist and/or registered geotechnical engineer, as appropriate, verifying that the geologic studies, including any regional studies previously submitted for the proposed development, remain valid as of the date of the application for reevaluation, or

Include such further analysis and supporting documentation as is necessary to update the geological studies, including any regional studies previously submitted for the proposed development.

C.

The application for reevaluation shall be accompanied by fees in the amount set forth in the schedule of fees adopted by resolution of the city council and shall conform to all application requirements in effect at the time it is filed.

(Ord. 25710.)

A.

The applicant may appeal the director's final determination pursuant to this part to the city council by filing a written notice of appeal with the director within sixty days after the date of the notification of final determination.

B.

At the hearing on appeal, the city council may consider the entirety of the record to date as well as any additional documents and testimony presented by either the applicant or the city.

C.

The city council shall uphold the decision of the director, unless it finds the determination of the director to be in error on specific facts or conclusions.

(Ord. 25710.)