|
ARTICLE 3.
POLICIES AND
CRITERIA OF THE
STATE MINING AND
GEOLOGY BOARD
With Reference to the Alquist-Priolo
Earthquake Fault Zoning Act
ARTICLE 3.
Policies and
Criteria of the State Mining and Geology
Board With Reference to the
Alquist-Priolo Earthquake Fault Zoning
Act
3600. Purpose
It is the purpose of
this subchapter to set forth the
policies and criteria of the State
Mining and Geology Board, hereinafter
referred to as the "Board," governing
the exercise of city, county, and state
agency responsibilities to prohibit the
location of developments and structures
for human occupancy across the trace of
active faults in accordance with the
provisions of Public Resources Code
Section 2621 et seq. (Alquist-Priolo
Earthquake Fault Zoning Act). The
policies and criteria set forth herein
shall be limited to potential hazards
resulting from surface faulting or fault
creep within earthquake fault zones
delineated on maps officially issued by
the State Geologist.
Authority cited:
Section 2621.5, Public Resources Code
Reference: Sections 2621-2630, Public
Resources Code
3601.
Definitions
The following
definintions as used within the Act and
herein shall apply:
(a) An "active fault"
is a fault that has had surface
displacement within Holocene time (about
the last 11,000 years), hence
constituting a potential hazard to
structures that might be located across
it.
(b) A "fault trace"
is that line formed by the intersection
of a fault and the earth's surface, and
is the representation of a fault as
depicted on a map, including maps of
earthquake fault zones.
(c) A "lead agency"
is the city or county with the authority
to approve projects.
(d) "Earthquake fault
zones" are the areas delineated by the
State Geologist, pursuant to the
Alquist-Priolo Earthquake Fault Zoning
Act (Public Resources Code Section 2621
et seq.) and this subchapter, which
encompass the traces of active faults.
(e) A "structure for
human occupancy" is any structure used
or intended for supporting or sheltering
any use or occupancy, which is expected
to have a human occupancy rate of more
than 2,000 person-hours per year.
(f) "Story" is that
portion of a building included between
the upper surface of any floor and the
upper surface of the floor next above,
except that the topmost story shall be
that portion of a building included
between the upper surface of the topmost
floor and the ceiling or roof above. For
the purpose of the Act and this
subchapter, the number of stories in a
building is equal to the number of
distinct floor levels, provided that any
levels that differ from each other by
less than two feet shall be considered
as one distinct level.
Authority cited:
Section 2621.5, Public Resources Code
Reference: Sections 2621-2630, Public
Resources Code
3602. Review of Preliminary Maps
(a) Within 45 days
from the issuance of prposed new or
revised preliminary earthquake fault
zone map(s), cities and counties shall
give notice of the Board's announcement
of a ninety (90) day public comment
period to property owners within the
area of the proposed zone. The notice
shall be by publciation, or other means
reasonably calculated to reach as many
of the affected property owners as
feasible. Cities and counties may also
give notice to consulatnts who may
conduct geologic studies in fault zones.
The notice shall state that its purpose
is to provide an opportunity for public
comment including providing to the Board
geologci information that may have a
bearing on the proposed map(s).
(b) The Board shall
also give notice by mail to those
California Registered Geologists and
California Registered Geophysicists on a
list provided by the State Board of
Registration for Geologists and
Geophysicists. The notice shall indicate
the affected jurisdictions and state
that its purpose is to provide an
opportunity to present written technical
comments that may have a bearing on the
proposed zone map(s) to the Board during
a 90-say publci comment period.
(c) The Board shall
receive public comments during the 9-day
public comment period. The Board shall
conduct at least one public hearing on
the proposed zone map(s) during the
90-day publci comment period.
(d) Following the end
of the 90-day public comment period, the
Board shall forward its comments and
recommendations with supporting data
received to the State Geologist for
consideration prior to the release of
the official earthquake fault zone map(s).
Authority cited:
Section 2621.5, Public Resources Code
Reference: Section 2622, Public
Resources Code
3603.
Specific Criteria
The following
specific criteria shall apply within
earthquake fault zones and shall be used
by affected lead agencies in complying
with the provisions of the Act:
(a) No structure for
human occupancy, identifed as a project
under Section 2621.6 of the Act, shall
be permitted to be placed across the
trace of an active fault. Furthermore,
as the area within fifty (50) feet of
such active faults shall be presumed to
be underlain by active branches of that
fault unless proven otherwise by an
appropriate geologic investigation and
report prepared as specified in Section
3603(d) of this subchapter, no such
structures shall be permitted in this
area.
(b) Affected lead
agencies, upon receipt of official
earthquake fault zone maps, shall
provide for disclosure of delineated
earthquake fault zones to the public.
Such disclosure may be by reference in
the general plan, specific plans,
property maps, or other appropriate
local maps.
(c) No change in use
or character of occupancy, which results
in the conversion of a building or
structure from one not used for human
occupancy to one that is so used, shall
be permitted unless the building or
structure complies with the provisions
of the Act.
(d) Application for a
development permit for any project
within a delineated earthquake fault
zone shall be accompanied by a geologic
report prepared by a geologist
registered in the State of California,
which is directed to the problem of
potential surface fault displacement
through the project site, unless such
report is waived pursuant to Section
2623 of the Act. The required 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 future. The report
may be combined with other geological or
geotechnical reports.
(e) A geologist
registered in the State of California,
within or retained by each lead agency,
shall evaluate the geologic reports
required herein and advise the agency.
(f) One (1) copy of
all such geologic reports shall be filed
with the State Geologist by the lead
agency within thirty (30) days following
the reports acceptance. The State
Geologist shall place such reports on
open file.
Authority cited:
Section 2621.5, Public Resources Code
Reference: Sections 2621.5, 2622, 2623,
and 2625(c), Public Resources Code
|