San Jose Municipal Code Part 3 Geologic Hazard Clearance Process

A. No discretionary approval for development, grading permit or building permit shall be issued for any property located in the geologic hazard zone unless the director has first issued a certificate of geologic hazard clearance.

B. No geologic evaluation, as required by Part 5 for a geologic hazard clearance, shall be accepted for any site in the special geologic hazard study area except as provided in Section 17.10.610.

C. The applicant may simultaneously file an application for a certificate and for any discretionary approval for development, grading permit or building permit.

(Ords. 24680, 25015, 25710.)

A. An application for a certificate pursuant to this chapter shall be submitted to the director on the form provided by the city.

B. All application fees shall be paid at the time an application is filed, in the amount set forth in the schedule of fees adopted by resolution of the city council.

(Ords. 24680, 25710.)

A. The geologic evaluation shall be conducted by the applicant as set forth in Part 5 of this chapter.

B. If required, a regional study shall be conducted by the applicant as set forth in Part 6 of this chapter.

C. All geologic and geotechnical reports submitted as part of the geologic evaluation and regional studies will be maintained on file by the city and made available for public review in the office of the city's engineering geologist.

(Ords. 24680, 25710.)

A. A certificate shall be denied if the director, or the city council on appeal, do not make the findings for issuance set forth in Section 17.10.400.

B. Prior to denying an application for a certificate, the director shall afford the applicant an opportunity for an informal hearing at which the applicant can provide testimony and additional evidence.

C. If the director, after considering the testimony and evidence presented as well as considering the opinion of the city's consulting geologist or geotechnical engineer, if any, denies the issuance of the certificate, the applicant may appeal the denial to the city council in accordance with Section 17.10.340.

(Ords. 24680, 25710.)

A. The certificate will be in effect for a period of up to three years from the date of issue, unless revoked or suspended.

B. No discretionary approval for development, grading permit or building permit shall be granted after the expiration date, unless the certificate has been renewed pursuant to Section 17.10.325.

C. A building permit issued in accordance with this chapter may be renewed after the expiration of the certificate, if work was commenced within one hundred eighty days from the date the building permit was issued and if substantial progress has been made which is verified by an inspection every one hundred eighty days.

(Ords. 24680, 25710.)

A. The director shall not renew a certificate unless additional geologic evaluation demonstrates that the prior geologic evaluation is still adequate and that:

1. Any facts previously unknown to the director, scientific advancement, or change in conditions are considered;

2. That any on or off-site geologic hazard identified at any time prior to renewal of the certificate can be mitigated to an acceptable degree so that the public health and safety are protected; and

3. The certificate was not issued in reliance on incorrect or misinterpreted information.

B. The applicant may appeal the denial of a renewal request to the city council pursuant to Section 17.10.340.

(Ords. 24680, 25159, 25710.)

A certificate may be revoked or suspended whenever the director, or city council on appeal, determines that any of the following circumstances has occurred:

1. The certificate was granted in error, was granted on the basis of incorrect or misinterpreted information, or was granted in violation of any law, ordinance or regulatory provision.

2. The review upon which the certificate was granted was incomplete and further geologic information or analysis is necessary.

3. The findings made pursuant to Section 17.10.400 are incorrect.

4. There is sufficient uncertainty about any geologic hazard, either on or off-site, which makes it reasonable to require further geologic evaluation.

5. Scientific or technological advancement, a change in geologic conditions, or previously unknown facts or geologic analysis make it reasonable to require further geologic evaluation.

6. The development proposal upon which the certificate is based is modified and the geologic evaluation does not address the project as modified.

(Ords. 24680, 25710.)

Notification of the denial of the certificate, the denial of the renewal of such certificate, the issuance of such certificate with conditions or, the revocation or suspension of such certificate shall be mailed to applicant, postage prepaid, at the address given for purposes of such notice on the application.

(Ords. 24680, 25710.)

A. The applicant may appeal the denial, revocation or suspension of the certificate or any condition imposed on the certificate to the city council by filing a written notice of appeal with the director within ten days after the notification was mailed.

B. The hearing before the city council shall be de novo.

C. The city council shall uphold the decision of the director unless it makes the findings for issuance pursuant to Section 17.10.400.

(Ords. 24680, 25710.)