Santa Rosa Municipal Code § 17-08.070 Setbacks

(A) Report. No project within the Alquist-Priolo Earthquake Fault Zones shall be approved by the City until a geologic report defining and delineating any hazard of surface fault rupture through the project site has been submitted to and certified by the City.

(B) Content. Geologic reports, when required by this article, shall be in sufficient detail to meet the criteria and policies established by the State Mining and Geology Board for individual parcels of land. Specifically, the policies and criteria of the Board state that the required geologic report shall be based on a geologic investigation designed to identify the location, recency and nature of faulting that may have affected the project site in the past and may affect the project site in the future.

(C) Review. A geologist registered in the state of California, within or retained by the City, shall evaluate the geologic reports required herein and advise the City. The geologist retained by the City for any report or review shall be selected by the Director of the Department of Community Development from a list of California registered geologists. Any geologist registered in the State of California who is knowledgeable of the geology of the Santa Rosa area may have his or her name added to the City's list by making written request to the Director of the Department of Community Development.

(D) Available to Public. The contents of any such geologic report and any review by a geologist retained by the City shall be submitted in writing and shall be available for public inspection. The original and two copies of all such geologic reports and review reports shall be submitted to the City.

(E) Fee. The Council, by resolution, shall establish a fee not to exceed the cost of processing the geologic review or the cost incurred in processing the waiver of a special study which shall be paid by each applicant to the City prior to certification of the geological report. A deposit based on the estimated cost of all geologic reports or reviews shall be paid by the applicant before a geologist is retained for the preparation of a report or review.

(F) Waiver. With the approval of the State Geologist, the Director of Community Development, or his or her designee, may waive the requirement of a geologic report where the director finds no undue hazard or surface fault displacement exists.

(Ord. 3126 § 2, 1994)

Based on the geologic reports, the decision-making body shall determine the specific geologic hazard at the site and shall evaluate the suitability of the proposed use in relation to the hazard. In granting any permit, the decision-making body shall attach such conditions as may be deemed necessary to fulfill the purposes of the district. Such conditions may include, but shall not be limited to, alternative locations of structures, special foundation design, and special structural design or equipment which will facilitate restoration of utility service in the event of displacement. A permit shall be denied if the decision-making body finds that the site is unsuitable for the proposed use because of geologic hazards which cannot be mitigated. Notwithstanding any other provision of this code, no building permit shall be issued for a project within the earthquake fault zones which has not complied with the provisions of this article.

(Ord. 3126 § 2, 1994)

No structure for human occupancy identified as a project under this chapter shall be permitted to be placed across the trace of an active fault, nor shall such structure be permitted within 50 feet of the trace of an active or potentially active fault. This setback requirement may be waived only if the geologic report has satisfactorily demonstrated that the fault is inactive.

(Ord. 3126 § 2, 1994)

This article shall not apply to construction exempted by Public Resources Code Section 2621.7 as presently enacted or as amended in the future.

(Ord. 3126 § 2, 1994)