Woodside Municipal Code § 153.423 Building site review

The purposes of this subchapter are:

(A) To establish detailed requirements and procedures for evaluating and reviewing building construction, site development, land divisions, and subdivisions to assure that geologic hazards are considered as a part of the approval of each building site in order that potential loss of life and property is minimized; and

(B) To comply with state statutes which require the Town to review and approve certain real estate developments, buildings, and structures within special seismic study zones established by the state.

(C) To establish regulations for maintenance, alteration, or repair of nonconforming structures in geologic hazard areas which are nonconforming because of their location within earthquake fault setback zones, to assure that potential impacts to public health, safety, and welfare are addressed; and

(D) To provide safeguards to prevent undue hazards to property, the environment, and public health, welfare, and safety in connection with use of lands within geologic hazard areas; and

(E) To mitigate risk associated with geologic hazard areas, not to act as a guarantee that the hazard risk will be eliminated, nor as a guarantee that there is a higher hazard risk at any location. Unless otherwise provided, the geologic hazards regulations are in addition to generally applicable standards provided elsewhere in the Woodside Municipal Code.

(1975 Code, § 9-2.601) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-608, § 2, effective 4-23-20)

The Planning Director and the Town Engineer, or their designated representatives, shall review all applications in geologically hazardous areas for planning permits, subdivisions, land divisions, and building permits and all data submitted to determine that all applicable provisions of this subchapter are complied with. Such applications shall be referred to the Town Geologist for review and recommendation.

(1975 Code, § 9-2.602) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) Applications shall be reviewed by the Town Geologist to determine if the lot may be developed with reasonable safety from geologic hazards. The review shall include the evaluation of possible effects on the site and on nearby roads and properties. The Town Geologist, within 14 days after his/her receipt of the application, shall notify the applicant through the Planning Director of the results of his/her review and suggest areas of concern to be included in the forthcoming geologic reports to the applicant's geologist.

(B) Where geologic hazards are identified on or near the site, special measures shall be recommended by the landowner or applicant's soils engineer and geologist to mitigate the hazards. Such measures shall be approved by the Town Engineer and Town Geologist.

(C) Appeals of administrative decisions shall be filed in accordance with the procedures set forth in Section 153.970 of this chapter.

(1975 Code, § 9-2.603) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17)

(A) Special building setback lines. Special building setback lines are established along fault traces to minimize the potential loss of life and property resulting from movement along fault traces. See Section 153.005 for definitions of known or inferred fault traces.

(B) Setback and building requirements.

(1) No building for human occupancy shall be constructed within 50 feet of a fault trace identified as a known fault trace.

(2) No building for human occupancy shall be constructed within 125 feet of an inferred fault trace. If a site specific Fault Investigation Report demonstrates that no known fault trace exists within 50 feet of the building site, the Town Geologist may waive or modify the setback requirements.

(3) The setback from a fault trace shall be measured at right angles from all points along the trace to the closest part of the building or structure to the trace.

(4) Additional or reduced setbacks may be required or allowed from secondary fault zone features by the Town Geologist based on the results of a site specific Fault Investigation Report.

(1975 Code, § 9-2.604) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-584, effective 4-13-17; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-608, § 2, effective 4-23-20)

The following procedures shall be followed by the Town staff in processing applications for development under this subchapter:

(A) The Town staff shall initially review all applications in relation to specific requirements and problems related to geologic hazards.

(B) If the lot meets acceptable standards and the Town requirements and poses no geologic hazard to development and use in accordance with applicable laws, ordinances, and policies the lot may be approved as having a building site, subject to all other applicable provisions of this chapter and code.

(C) If the lot does not meet applicable standards and requirements, and the Town Geologist finds that geologic hazards pose a problem to development, and if, in the opinion of the Town Engineer and Town Geologist, the corrective measures are not sufficient as recommended by the applicant's soils engineer and geologist, the staff shall not approve the development.

(1975 Code, § 9-2.605) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-584, effective 4-13-17; Am. Ord. 2017-589, effective 8-24-17)

(A) All geologic reports required under this chapter shall be prepared by a geologist and/or engineering geologist certified and/or registered in the state. All geotechnical engineering reports shall be prepared by a qualified geotechnical engineer registered as a civil engineer in the state.

(B) The geologist and/or engineering geologist who compiled the report shall certify on the final plans that the structure conforms with the recommendations made in the report.

(C) Geologic and soils reports shall include all calculations, data, and material supporting the recommendations in the report.

(D) Reports on geologic hazards shall be prepared in accordance with guidelines established by the Town.

(1975 Code, § 9-2.606) (Ord. 1980-291, effective 9-11-80; Am. Ord. 1999-494, effective 3-25-99; Am. Ord. 2017-589, effective 8-24-17; Am. Ord. 2020-608, § 2, effective 4-23-20)

This Section applies to structures and buildings for human occupancy. Structures or buildings that are nonconforming because they are located within fault setback zones shall not be altered in any way that would increase or create an additional nonconforming attribute, except as authorized in this section.

(A) Structures and buildings within fault setbacks that cross a fault trace may not be enlarged, but may be maintained or altered provided:

(1) Any work performed does not create any additional habitable space within the structure, including reconfiguring existing space, including attics, to add additional bedrooms; and

(2) That the construction work incorporate seismic strengthening to increase structural safety as recommended by the Building Official and Town Geologist as being reasonably commensurate with the work subject to the building permit; and

(3) That the amount of proposed work does not exceed the 50 percent threshold as set forth in Section 150.01(J). In the event the proposed work does exceed the 50 percent threshold, then the applicant shall follow the procedures for new building development in geologic hazard areas, as set forth above in this subchapter.

(B) Structures and buildings located within fault setbacks, whether partially or completely, that do not cross a fault trace may be maintained, altered, remodeled, and may be enlarged once by up to 500 square feet so long as such increase in floor area shall not cause the structure or building to exceed the floor area limits of the zoning ordinance in effect at the time of the application, and further provided:

(1) That the construction work incorporate seismic strengthening as recommended by the Building Official and Town Geologist as being reasonably commensurate with the work subject to the building permit; and

(2) Any enlargement shall be located on the side of the structure or building that is furthest from the fault trace; and

(3) Any enlargement shall be single story constructed at grade level; basement and second story enlargements are prohibited.

(C) The process for approving any allowable alterations as set forth in subsections (A) and (B), above, is as follows:

(1) A building permit for the proposed alterations shall be obtained. A site specific Fault Investigation Report, consistent with the requirements of Section 153.426, must be submitted as part of the building permit application.

(2) The Planning Director and the Building Official, or their designated representatives, shall review all applications for alterations to structures or buildings, and all data submitted to determine compliance with all applicable provisions of this section. Such applications shall be referred to the Town Geologist for review and recommendation.

(3) The permit shall be reviewed and approved in accordance with current codes and ordinances that would be applicable if the structure were conforming. Recommendations in the Fault Investigation Report and those made by the Town Geologist must be incorporated into any building permit approval.

(4) A development entitlement requiring a public hearing (e.g., Design Review, Variance, Exception) shall be obtained if required for the specific project. A site-specific Fault Investigation Report must be submitted as part of the entitlement application for preliminary review by the Building Official and Town Geologist.

(Ord. 2020-608, § 2(Exh. A), effective 4-23-20)

Approval of an application for a building permit or other development on land subject to this subchapter shall not imply any liability on the part of the Town for any subsequent damage due to earthquakes and faulting. Prior to the issuance of a building permit or other approval, a waiver of damages and an indemnity and hold harmless agreement shall be required which releases the Town from all liability for any damages resulting from the development approved by the Town's decision. The form of the agreement shall be approved by the Town and executed prior to commencement of construction or site alteration.

(Ord. 2020-608, § 2(Exh. A), effective 4-23-20)