Chapter 7-10 — GEOLOGIC HAZARD ZONES

Article 1 Special Studies Zones

That certain map entitled "City of San Leandro Geologic Hazard Special Studies Zones" dated July 29, 1974, and filed in the office or the City Clerk is hereby adopted for the purposes hereinafter set forth and is by this reference incorporated herein. Said map includes within the special studies zones all those properties and portions of properties included within the special studies zones delineated by the State Geologist pursuant to the provisions of the Alquist- Priolo Special Studies Zones Act, and in addition thereto, additional properties and portions of properties as deemed necessary by the City Council to more adequately define the zone of hazard.

The City Council may amend said original map after a public hearing on the proposed amendment. No such amendment shall exclude from the special studies zones any property or portion of a property included within the special studies zones delineated by the State Geologist. Such an amendment shall be accomplished only by a resolution of the City Council approving an amending map indicating changes made in the special studies zones boundaries delineated on said original map. Thereafter, said original map shall be deemed amended as indicated on said amending map.

Not less than five days prior to the date of hearing, notice of the time, place and purpose of a public hearing on a proposed amendment of said map shall be published in the official newspaper and shall be mailed to the owner of any property proposed to be included within the special studies zones, using for this purpose the names and addresses which appear on the last equalized assessment roll of Alameda County. At the same time, a copy of the proposed amending map shall be made available for public inspection at the office of the City Clerk, and said notice shall refer thereto.

The boundaries of the special studies zones shall be so drawn that no individual property shall be intersected thereby.

Article 2

Approval Procedure for New Real Estate Developments and Structures for Human Occupancy

That certain document entitled "City of San Leandro Alquist-Priolo Special Studies Zone Guidelines" dated December 15, 1975, and filed in the office of the City Clerk is hereby adopted for the purpose of establishing procedures for approval of proposed new real estate developments and structures for human occupancy defined as projects by the Alquist-Priolo Special Studies Zones Act, and is by this reference incorporated herein. Said guidelines may be amended from time to time by resolution of the City Council. Any such amendment shall take effect immediately upon approval by the City Council.

No tentative map or parcel map for a new real estate development shall be approved, and no building permit for a structure defined as a project by the Alquist-Priolo Special Studies Zones Act shall be issued, for any property included within the special studies zones established by this Chapter unless the Public Works Director determines that the proposed development or structure would create no undue hazard. Such determination shall be made only in accordance with the Alquist-Priolo Special Studies Zones Act, the policies and criteria of the State Mining and Geology Board adopted pursuant thereto and the City of San Leandro Alquist-Priolo Special Studies Zones Act, the policies and criteria of the State Mining and Geology Board adopted pursuant thereto and the City of San Leandro Alquist-Priolo Special Studies Zones Guidelines. Such determination shall be final unless appealed to the Board of Appeals established by Chapter 5 of Title VII.

Any person aggrieved by the determination of the Public Works Director may appeal such determination to the Board of Appeals by filing written notice of appeal with the Public Works Director within 15 days from the date of such determination.

The Board of Appeals shall hear such appeal within 30 days after notice of appeal is filed with the Public Works Director. Written notice by mail of the date, time and place of such hearing shall be given by the Public Works Director to all persons who have filed with him or her a written request therefor. No other notice thereof need be given.

The Board of Appeals shall independently determine from the evidence submitted whether an undue hazard would be created by the proposed development or structure. Such determinations shall be final.

Article 3

Fees(Legislative History: Ordinance No. 74-42, 8/5/74; Ordinance No. 76-2, 1/12/76)

Each person filing a geologic report pursuant to the provisions of this Chapter shall pay to the City of San Leandro at the time and in the manner specified by the guidelines established by this Chapter a fee in the amount of 125% of the amount charged to the City by its geological consultant for evaluation of such report.

In addition to any other building permit fee provided for in this Code, each applicant for a building permit within a special studies zone shall pay to the City of San Leandro at the time and in the manner specified by the guidelines established by this Chapter a fee in an amount established by the City Council by resolution.