San Jose Municipal Code Part 8 Miscellaneous Provisions

A. If an applicant has agreed in writing to bear the full cost of the consultant services, the director, or city council on appeal, may select and retain an independent certified engineering geologist and/or geotechnical engineer as consultant to the city to provide additional information and analysis to be considered by the director or city council in the application review or appeal process.

B. The applicant shall, pursuant to a written agreement, deposit with city a sum of money, adequate to fully cover the cost of the consultant's services prior to the consultant's review of the application or record on appeal.

C. Nothing prepared or recommended by the consultant shall limit the discretion of the director, or city council on appeal, in considering all information available to it in making the findings set forth in this chapter.

(Ords. 24680, 25710.)

A. The city council, at a duly noticed public hearing, may amend the boundaries of the geologic hazard zone or the special geologic hazard study area by adopting a resolution approving revised maps.

B. At least ten days prior to the hearing, written notice of the hearing shall be placed in the mail to owners, as shown on the latest equalized assessment roll adopted by the County of Santa Clara, of property proposed to be included in, or deleted from, a geologic hazard zone or special geologic hazard study area.

C. The director shall provide a written report and recommendations to the city council.

(Ords. 24680, 25710.)

Whenever it is necessary to enter the private property of another in order to comply with the provisions of this chapter, the city may assist the applicant in acquiring the right of entry. The city may use its power of eminent domain if necessary. Prior to any action being taken by the city, the applicant shall secure the payment of all costs to the city for any such assistance requested.

(Ords. 24680, 25710.)

A. No improvement including, but not limited to, street, sewer, and flood control, in a geologic hazard zone, shall be dedicated to or accepted by the city, unless the director makes an express finding that the improvements will not require an excessive degree of maintenance and repair.

B. Nothing in this provision shall preclude the city from accepting improvements constructed pursuant to an improvement agreement where such finding was made at the time of execution of that agreement.

C. No dedication of improvements or facilities shall be accepted by the city until the signed certificate required by Section 17.10.700 is received by the director.

(Ords. 24680, 25710.)

Nothing in this chapter shall be construed to relieve any person of requirements imposed by other sections of this Code, except that the provisions of this chapter shall take precedence over any less stringent provision of this Code with which it is in conflict.

(Ords. 24680, 25710.)