San Jose Municipal Code Part 4 Certificate of Geologic Hazard Clearance

A. No certificate shall be issued unless a geologic evaluation demonstrates, to the satisfaction of the director, or the city council on appeal, that the proposed development or alteration:

1. Is not endangered or potentially endangered by any geologic hazard on the site or in any area which may potentially affect the site; and

2. Will not create or have the potential to create any new geologic hazard, including those associated with reactivation of landslide deposits, which potentially affects either the site proposed for development or off-site areas; and

3. That the proposed improvements, including earthwork, will adequately mitigate all identified on and off-site geologic hazards.

B. The issuance of a certificate is not a determination that the site is free from any geologic hazard. Such clearance shall mean only that based on the information provided, it is the judgment of the director or the city council that any geologic hazard has been mitigated to an acceptable degree.

(Ords. 24680, 25710.)

A. The director, or council on appeal, may impose conditions on the certificate.

B. Such conditions may include, but are not limited to:

1. Mitigation measures identified in the geologic evaluation;

2. Slope stabilization;

3. Surface and subsurface drainage control;

4. Off-site improvements to mitigate a geologic hazard which potentially affects either the site proposed for development or applicable off-site areas;

5. Use restrictions to avoid or mitigate hazardous geologic conditions;

6. Implementation of an approved erosion control plan;

7. Adequate guarantees that all private improvements, located within a geologic hazard zone will be properly maintained.

(Ords. 24680, 25710.)

Notwithstanding Section 17.10.400, a certificate shall be issued for repair of existing structures, in either the standard geologic hazard study area or the special geologic hazard study area, if it is demonstrated, to the satisfaction of the director, that the repair will be conducted in a manner which does not create an additional or increased geologic hazard.

(Ords. 24680, 25710.)

Alteration of existing structures in the special geologic hazard study area shall be allowed, without the requirement for a regional study pursuant to Part 6, if a geologic hazard clearance for the alteration has been issued by the director pursuant to Part 5.

(Ords. 24680, 25015, 25710.)

The construction of one single family residence per lot in the special geologic hazard study area shall be allowed, without the requirement for a regional study pursuant to Part 6 of this chapter, if a geologic hazard clearance for the construction has been issued by the director pursuant to Part 5 or renewed pursuant to Section 17.10.325 and all of the following criteria are met:

A. No zoning change or further subdivision or lot line adjustment is required to accommodate the construction of the single family residence.

B. All public or private infrastructure needed to support the residence has already been constructed, excluding storm and sanitary sewer laterals and utility service connections. Except for the construction of storm and sanitary sewer laterals and utility service connections, no construction of any additional infrastructure shall be allowed.

C. The existing public storm drainage system has sufficient capacity, as determined by the director, to convey present and future storm water runoff.

D. The construction has been designed in a manner which, at a minimum:

1. Prevents any additional storm water runoff or drainage on site; and

2. Provides for the drainage of any storm water runoff or drainage from the structure, driveway or other paved surfaces directly into the public storm drainage system.

E. A grading plan in accordance with the grading ordinance has been approved by the director, which provides, at a minimum, for:

1. Balanced grading, unless the applicant has demonstrated, to the satisfaction of the director, that an imbalance would promote increased soil or slope stability; and

2. Retaining walls which are not a part of the structure and which do not exceed five feet in height; and

3. Soil cuts and fills, other than necessary for the foundation of the structure, which do not exceed five feet in depth, measured from the existing ground surface to the proposed ground surface; and

4. A subdrainage system satisfactory to the director; and

5. Erosion control measures deemed by the director to be appropriate for all graded areas and the time of year in which the grading is anticipated to occur; and

6. The minimum amount of grading necessary, as determined by the director, to:

a. Construct the residence and attendant hard surfaces, and

b. Provide for proper drainage, and

c. Provide for the remediation of identified on-site and off-site geologic hazards.

(Ords. 25015, 25159, 25710.)