Article 16-65

GROUND MOVEMENT REGULATIONS Sections:*

In order to protect the public health, safety and welfare, it is essential to prohibit building in areas of existing earth movement or areas having extreme potential for earth movement, and not to permit building in those areas which are marginally stable and have either moderate or high potential for earth movement unless and until adequate precautionary measures are taken and further professional opinion is obtained certifying that a site is safely developable. The purpose of this Article is to adopt certain ground movement potential maps relating to various areas of the City having actual or potential earth movement, and to establish restrictions and requirements for development in these areas based upon the designations of slope stability as shown on such maps.

(Amended by Ord. No. 307, § 1.D.28, 10-16-2013)

(a) Reference is hereby made to the following maps, copies of which have been filed with the City Engineer

*Editor’s note— Ord. No. 329, § 2, adopted Aug. 19, 2015, substantially amended Art. 16-65 to read as herein set out, adding §§ 16-65.025, 16-65.035 and 16-65.060—16-65.080, only omitting from amendment § 16-65.010. Former Art. 16-65, §§ 16-65.010—1665.050, pertained to Ground Movement Potential Maps. Prior legislative history has been retained in history notes following sections.

for use and examination by the public, which maps are hereby adopted and incorporated herein by reference, together with any amendments thereto:

• Ground Movement Potential Map—City of Saratoga, California, dated April 2013, prepared by Cotton, Shires and Associates, Geotechnical Consultants.

Reference is further made to the designations of slope stability shown on said maps, consisting of Sbr, Sls, Sun, Paf, Pmw, Ps, Pd, Pdf, Ms, Md, and Pf, which designations are defined in Section 16-65.025 below and graduate generally from the most stable areas to the least stable areas. The precise location of the boundary of each designated area is subject to adjustment by the City on the basis of a site specific geologic and geotechnical report prepared by a certified engineering geologist licensed by the State.

(b) The restrictions and requirements set forth in this Article shall apply to all areas as shown on said maps which are located within the City limits, and all areas which may hereafter be added to the City through annexation or other legal process.

(Amended by Ord. No. 307, § 1.D.28, 10-16-2013; Ord. No. 329, § 2, 8-19-2015)

The following definitions are established for the purposes of this Article:

Alteration (remodel) and repair, for purposes of this Article only, occurs when construction does not exceed fifty percent of the square footage of the existing building or structure being altered or repaired.

Categorically permitted project is a remodel and/or addition to one legally existing structure on a legally existing parcel based on an engineered design and limited to a maximum remodel of fifty percent, and an addition of five hundred square feet or twenty-five percent of the square footage of the existing building or structure, whichever is greater.

Engineered design requires a thorough geotechnical investigation and appropriate soil, foundation and structural measures to provide an improved foundation and safer development.

Ground movement means earth movement, including without limitation all types of landsliding. Ground movement expressly does not include house settlement unrelated to landsliding or earth shaking from seismic activity that does not cause lateral earth displacement.

(Saratoga Supp. No. 57, 1-26)

438.16

16-65.040

Md means moving deep landslide (more than ten feet deep).

Ms means moving shallow landslide (ten feet deep or less).

Paf means artificial fill which can settle.

Pd means potentially deep landslide, deeper than ten feet.

Pdf means debris flow, fast moving.

Pf means potential for primary ground rupture and displacement along faults.

Pmw means potential movement or mass wasting on steep slopes, by rockfalls and slumping.

Ps means potentially shallow, slope areas that could creep and/or fail by land sliding up to ten feet deep.

Reconstruction means, for purposes of this Article only, any work that would expand the floor area by more than fifty percent or modify the footprint by more than fifty percent of the square footage of the existing building or structure being reconstructed.

Sbr means stable bedrock within three feet of the surface.

Sls means naturally stabilized ancient landslide debris.

Staff includes, but is not limited to: City Geologist, City Geotechnical Consultant, City Engineer, City Building Inspector and City Community Development Director.

Sun means stable unconsolidated material on gentle slopes or low slope, (e.g., alluvial type soils).

Unstable ground as referred to in this Article is earth that has a potential for ground movement and not identified on the potential ground movement map adopted under Section 16-65.020 with an "S" for stable. (Ord. No. 329, § 2, 8-19-2015)

(a) No tentative or final subdivision approval shall be granted for any property which includes land in an Md area, unless such inclusion will not result in or permit any building, structure, driveway or street to be located in such area, and the entire Md area is dedicated as open space on a recorded map or agreement which contains an express prohibition against the construction or installation of any improvements in such area.

(b) No building or grading permit shall be issued for the construction or installation of any building or structure or any foundations therefor in an Md area,

except for repair, reconstruction or modification of existing buildings or structures where such does not increase the floor space under roof and where such repair, reconstruction or modification does not require or involve any new or additional foundation. (Amended by Ord. No. 307, § 1.D.28, 10-16-2013; Ord. No. 329, § 2, 8-19-2015)

16-65.035 Sun, Sls, Ps and Paf area requirements. No tentative or final subdivision approval shall be granted, nor shall any building or grading permit be issued for the construction or installation of any new building or structure, or addition to any existing building or structure, nor shall any new building or structure be constructed or installed until all of the following requirements have been fully satisfied:

(a) Within Sun areas, a geologic and soils investigation report is prepared in accordance with Section 14-20.020 of this Code which is subject to review and approval by the Chief Building Official.

(b) Within Sls, Ps and Paf areas, a geological or geotechnical investigation report as required by the City's Geotechnical Consultant is prepared in accordance with 14-20.020 of this code which is subject to review and approval by the City's Geotechnical Consultant.

(c) Issuance of a building permit in accordance with Section 16-05.030.

(Ord. No. 329, § 2, 8-19-2015)

16-65.040 Pmw, Pd, Pdf and Ms area restrictions.

No tentative or final subdivision approval shall be granted, nor shall any building or grading permit be issued for the construction or installation of any new building or structure, or addition to any existing building or structure, nor shall any new building or structure be constructed or installed in any Pmw, Pd, Pdf or Ms area unless and until all of the following requirements have been fully satisfied:

(a) A geologic and geotechnical investigation report has been prepared in accordance with Section 14-20.020 of this Code and a site development plan has been prepared in accordance with Section 14-25.100 of this Code, and such report and development plan have been approved by the City's Geotechnical Consultant.

(b) The owner of the property executes and files with the City Clerk and the Community Development Department a written statement representing to the City that he/she is relying upon the written investiga(Saratoga Supp. No. 57, 1-26)

438.17

16-65.040

tion, report and opinion of the owner's geologist and geotechnical consultant regarding the safety of proposed development and that if the requested subdivision or site approval or building, grading or other permit or permits are granted, the owner agrees to and does thereby defend and indemnify and hold the City, its officials, officers, boards, commissions, employees, agents and professional consultants, free and harmless from and against any and all claims, actions, damages, suits or liabilities claimed by the owner or any other person by reason of any actual or potential geologic hazard, including, without limitation, land slippage, landslide, earthquake, slope instability, soil or sub-soil instability, or lack of lateral or subjacent support of any kind or nature, including any failure, collapse or damage to any building or structure or its foundation, and further stating that the owner is voluntarily and knowingly assuming all risks thereof. The owner shall cause delivery of the indemnity agreement to be made to the Santa Clara County Recorder and shall instruct the Recorder to record the agreement attaching thereto the written investigation, report and opinion of the owner's geologist and geotechnical consultant regarding the safety of proposed development.

(c) In addition to the foregoing requirements, for a Pmw, Pd, Pdf or Ms area, the geologic and geotechnical report referred to in subsection (a) of this Section is finalized, and contains the opinion of applicant's certified engineering geologist or geotechnical consultant, stating that the proposed subdivision, building site or land development and the proposed improvements to be constructed or installed thereon, as designed, will be safe for the intended use against hazard from earth movement.

(d) In Pmw, Pd, and Pdf areas, after compliance with the foregoing requirements with the exception of Section 16-65.040(c), a categorically permitted project may be approved, subject to compliance with Sections 16-65.060 and 16-65.070.

(Amended by Ord. No. 307, § 1.D.28, 10-16-2013; Ord. No. 329, § 2, 8-19-2015; Ord. No. 340, § 1(Att. A, § 12), 7-6-2016)

Editor’s note— Ord. No. 329, § 2, adopted Aug. 19, 2015, amended the catchline of § 16-65.040 from "Sls, Sun, Paf, Pmw, Ps, Pd, Pdf and Ms Area restrictions" to read as herein set out.

No tentative or final subdivision approval shall be granted, nor shall any building or grading permit be

issued for the construction or installation of any new building or structure, or addition, except for a minor addition of fifty square feet or less which does not increase the occupant capacity of a residence, to any existing building or structure, nor shall any new building or structure be constructed or installed in any Pf area unless and until all of the following requirements have been fully satisfied:

(a) A geologic investigation report has been prepared by a certified engineering geologist and approved by the City Geologist, showing the location or suspected location of faults.

(b) A setback zone has been established along the identified or suspected fault location, as approved by the City Geologist, and a map or agreement has been recorded designating such setback area as open space and prohibiting the construction of any buildings or structures therein.

(c) The owner of the property has executed and filed with the City Clerk a written statement and indemnity agreement as described in subsection 16-65.040(b) of this Article.

(Amended by Ord. No. 307, § 1.D.28, 10-16-2013; Ord. No. 329, § 2, 8-19-2015; Ord. No. 340, § 1(Att. A, § 12), 7-6-2016)

Editor’s note— Ord. No. 329, § 2, adopted Aug. 19, 2015, amended the catchline of § 16-65.050 from "Pf Area restriction" to read as herein set out.

(a) General provisions for all categorically permitted projects in Pmw, Pd, and Pdf areas. Categorically permitted projects in Pmw, Pd, and Pdf areas may be considered in deliberations on the associated applications for development . A categorically permitted project may be allowed only for a remodel and/or addition to one legally existing structure on a legally existing parcel based on an engineered design (as defined in Section 16-65.025) and limited to a maximum remodel of fifty percent and addition of five hundred square feet or twenty-five percent of the square footage of the existing building or structure, whichever is greater, with the exception that the total floor area of the remodeled structure shall not exceed six thousand square feet. A categorically permitted project may only be approved when it is clearly demonstrated to the City's Geotechnical Consultant that such categorically permitted proj-

(Saratoga Supp. No. 57, 1-26)

438.18

16-65.070

ect will improve the overall safety of existing buildings and will not unduly jeopardize human safety, property on the site, or adjoining public or private property.

Nothing in this Section shall be interpreted as authorizing anything in contradiction to any other City policy or regulation, including, without limitation, the City General Plan and all City building and zoning regulations, including but not limited to floor area requirements. No new variance for floor area or site coverage shall be allowed if a categorically permitted project is approved on a site.

This provision allows for maintenance, repair, or limited alteration (remodel) of, and/or limited addition to a qualifying existing building or structure whether or not the building or structure has been damaged by ground movement. Total reconstruction of a building or structure may not be approved as a categorically permitted project. When an engineered design is approved for a building or structure, the building or structure can be permitted by Planning Commission to achieve the floor area allowed under the General Plan and Chapter 15 of the Zoning Regulations. Each proposed categorically permitted project shall be evaluated on a case-by-case basis and the Planning Commission shall further limit the building or structure based on the "[Additional] criteria for approval of categorically permitted projects" in Section 16-65.070 below and other applicable regulations. A categorically permitted project shall not be allowed that involves the conversion of a non-dwelling structure to a dwelling unit, as dwelling unit is defined in Section 15-06.240(a) of the Zoning Regulations.

l further limit the building or structure based on the "[Additional] criteria for approval of categorically permitted projects" in Section 16-65.070 below and other applicable regulations. A categorically permitted project shall not be allowed that involves the conversion of a non-dwelling structure to a dwelling unit, as dwelling unit is defined in Section 15-06.240(a) of the Zoning Regulations.

(b) Review based additionally on criteria in Section 16-65.070 and other Chapter 16 requirements. Since an engineered design may require significant grading and access by drilling equipment, excavation equipment and trucks, an engineered design must impose requirements that carefully control implementation of the project. Accordingly, each application for a categorically permitted project employing an engineered design shall be reviewed based on the "[Additional] criteria for approval of categorically permitted projects" in Section 16-65.070 below, with particular attention to the minimization of impact on drainage, native terrain, vegetation and neighboring properties. There shall be no significant adverse change in grading or drainage and the grading and resulting drainage shall comply with City standards for grading in Chapter 16.

(c) Limitations in square footage of alteration (remodel) and addition based on size of existing structure at time of first application for categorically permitted project. Once a categorically permitted project is issued an approval for a building or structure, subsequent modification(s) may not in total exceed any square footage limitation for either alteration (remodel) or addition established by this Section. These square footage limitations do not prevent changes in architectural details. (Ord. No. 329, § 2, 8-19-2015; Ord. No. 364, § 1(Exh. A), 9-4-2019)

The Planning Commission shall evaluate each application for a categorically permitted project against the following criteria. The degree of compliance with the listed criteria shall be commensurate with the scope of the work subject to the building permit applied for as determined by the Planning Commission. Findings must be made with respect to each criterion listed below for each categorically permitted project.

(1) Use standards of practice structural/geotechnical engineering methods taking into account the underlying geology.

(2) Limitation and control of the final project and construction process, including grading and the use of excavation equipment, drilling equipment and trucks, so as to minimize impacts on the natural characteristics of the site.

(3) Control of drainage to minimize on-site and offsite adverse impacts.

(4) Demonstration that the improvements do not interfere with existing, or proposed, septic tanks and/or drainfields and that the septic system complies with applicable public health standards.

(5) Stabilization of actively moving ground when deemed necessary and feasible.

(6) Improvement of the overall safety of a building or structure and site over the safety of the building or structure and site that existed prior to making improvements. Improvements shall address problems related to the geologic stability of the site, but may address other factors, for example, improvements in fire safety.

(7) Avoidance of imposing a risk to adjoining properties.

(Saratoga Supp. No. 57, 1-26)

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16-65.070

(8) Adequate demonstration that the building or structure is a legally existing building or structure. (Ord. No. 329, § 2, 8-19-2015)

An application for a categorically permitted project shall describe the exact nature of the categorically permitted project on a form provided by the City Community Development Department and provide any and all other information required by the Community Development Director. The categorically permitted project application shall expressly describe how and to what extent the project conforms to each of the items listed under the "[Additional] criteria for approval of categorically permitted projects." Each categorically permitted project application shall include a report by an engineering geologist on behalf of the applicant unless the City's Geotechnical Consultant notifies staff that such information is not needed.

(Ord. No. 329, § 2, 8-19-2015)

438.20

(Saratoga Supp. No. 57, 1-26)

16-66.040