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CHAPTER 7.8
SEISMIC HAZARDS MAPPING
2690. Citation of chapter
This chapter shall be
known and may be cited as the Seismic
Hazards Mapping Act.
2691. Legislative findings and
declaration
The Legislature finds
and declares all of the following:
(a) The effects of
strong ground shaking, liquefaction,
landslides, or other ground failure
account for approximately 95 percent of
economic losses caused by an earthquake.
(b) Areas subject to
these processes during an earthquake
have not been identified or mapped
statewide, despite the fact that
scientific techniques are available to
do so.
(c) It is necessary
to identify and map seismic hazard zones
in order for cities and counties to
adequately prepare the safety element of
their general plans and to encourage
land use management policies and
regulations to reduce and mitigate those
hazards to protect public health and
safety.
2692. Additional legislative intent
(a) It is the intent
of the Legislature to provide for a
statewide
seismic
hazard mapping and technical advisory
program to assist cities and
counties in fulfilling their
responsibilities for protecting the
public health and safety from the
effects of strong ground shaking,
liquefaction, landslides, or other
ground failure and other seismic hazards
caused by earthquakes.
(b) It is further the
intent of the Legislature that maps and
accompanying information provided
pursuant to this chapter be made
available to local governments for
planning and development purposes.
(c) It is further the
intent of the Legislature that the
Division of Mines and Geology, in
implementing this chapter, shall, to the
extent possible, coordinate its
activities with, and use existing
information generated from, the
earthquake fault zones mapping program
pursuant to
Chapter 7.5 (commencing with
Section 2621),
the landslide hazard identification
program pursuant to Chapter 7.7
(commencing with Section 2670) [Chaper
7.7 was repealed in 1995], and the
inundation maps prepared pursuant to
Section 8589.5 of the Government Code.
2692.1. Tsunami and seiche
information; distribution
The State Geologist
may include in maps compiled pursuant to
this chapter information on the
potential effects of tsunami and seiche
when information becomes available from
other sources and the State Geologist
determines the information is
appropriate for use by local government.
The State Geologist shall not be
required to provide this information
unless additional funding is provided
both to make the determination and to
distribute the tsunami and seiche
information.
2693. Definitions
As used in this
chapter:
(a) "City" and
"county" includes the City and County of
San Francisco.
(b) "Geotechnical
report" means a report prepared by a
certified engineering geologist or a
civil engineer practicing within the
area of his or her competence, which
identifies seismic hazards and
recommends mitigation measures to reduce
the risk of seismic hazard to
acceptable levels.
(c) "Mitigation"
means those measures that are consistent
with established practice and that will
reduce seismic risk to
acceptable levels.
(d) "Project" has the
same meaning as in
Chapter 7.5
(commencing with Section 2621),
except as follows:
(1) A single-family
dwelling otherwise qualifying as a
project may be exempted by the city or
county having jurisdiction of the
project.
(2) "Project" does
not include alterations or additions to
any structure within a
seismic hazard zone which do not
exceed either 50 percent of the value of
the structure or 50 percent of the
existing floor area of the structure.
(e) "Commission"
means the
Seismic Safety Commission.
(f) "Board" means the
State Mining and Geology Board.
2694. Disclosure by property seller or
agent
(a) A person who is
acting as an agent for a seller of real
property that is located within a
seismic hazard zone, as designated
under this chapter, or the seller, if he
or she is acting without an agent, shall
disclose to any prospective purchaser
the fact that the property is located
within a seismic hazard zone.
(b) In all
transactions that are subject to Section
1102 of the Civil Code, the disclosure
required by subdivision (a) of this
section shall be provided by either of
the following means:
(1) The Local Option
Real Estate Transfer Disclosure
Statement as provided in Section 1102.6a
of the Civil Code.
(2) The Natural
Hazard Disclosure Statement as provided
in Section 1102.6c of the Civil Code.
(c) Disclosure is
required pursuant to this section only
when one of the following conditions is
met:
(1) The seller, or
seller's agent, has actual knowledge
that the property is within a seismic
hazard zone.
(2) A map that
includes the property has been provided
to the city or county pursuant to
Section 2622,
and a notice has been posted at the
offices of the county recorder, county
assessor, and county planning agency
that identifies the location of the map
and any information regarding changes to
the map received by the county.
(d) If the map or
accompanying information is not of
sufficient accuracy or scale that a
reasonable person can determine if the
subject real property is included in a
seismic hazard zone, the agent shall
mark "Yes" on the Natural Hazard
Disclosure Statement. The agent may mark
"No" on the Natural Hazard Disclosure
Statement if he or she attaches a report
prepared pursuant to subdivision (c) of
Section 1102.4 of the Civil Code that
verifies the property is not in the
hazard zone. Nothing in this subdivision
is intended to limit or abridge any
existing duty of the seller or the
seller's agents to exercise reasonable
care in making a determination under
this subdivision.
(e) For purposes of
the disclosures required by this
section, the following persons shall not
be deemed agents of the seller:
(1) Persons specified
in Section 1102.11 of the Civil Code.
(2) Persons acting
under a power of sale regulated by
Section 2924 of the Civil Code.
(f) For purposes of
this section, Section 1102.13 of the
Civil Code applies.
(g) The specification
of items for disclosure in this section
does not limit or abridge any obligation
for disclosure created by any other
provision of law or that may exist in
order to avoid fraud, misrepresentation,
or deceit in the transfer transaction.
2695. Development of guidelines,
priorities, policies, and criteria
(a) On or before
January 1, 1992, the board, in
consultation with the director and the
commission, shall develop all of the
following:
(1)
Guidelines for the preparation of maps
of seismic hazard zones in the state.
(2)
Priorities for mapping of seismic hazard
zones. In setting priorities, the
board shall take into account the
following factors:
(A) The population
affected by the seismic hazard in the
event of an earthquake.
(B) The probability
that the seismic hazard would threaten
public health and safety in the event of
an earthquake.
(C) The willingness
of lead agencies and other public
agencies to share the cost of mapping
within their jurisdiction.
(D) The availability
of existing information.
(3) Policies and
criteria regarding the responsibilities
of cities, counties, and state agencies
pursuant to this chapter. The policies
and criteria shall address, but not be
limited to, the following:
(A)
Criteria for approval of a project
within a seismic hazard zone, including
mitigation measures.
(B)
The
contents of the geotechnical report
.
(C)
Evaluation of the geotechnical report by
the lead agency.
(4)
Guidelines for evaluating seismic
hazards and recommending mitigation
measures.
(5) Any necessary
procedures, including, but not limited
to,
processing of waivers pursuant to
Section 2697, to
facilitate the implementation of this
chapter.
(b) In developing the
policies and criteria pursuant to
subdivision (a), the board shall consult
with and consider the recommendations of
an advisory committee, appointed by the
board in consultation with the
commission, composed of the following
members:
(1) An engineering
geologist registered in the state.
(2) A seismologist.
(3) A civil engineer
registered in the state.
(4) A structural
engineer registered in the state.
(5) A representative
of city government, selected from a list
submitted by the League of California
Cities.
(6) A representative
of county government, selected from a
list submitted by the County Supervisors
Association of California.
(7) A representative
of regional government, selected from a
list submitted by the Council of
Governments.
(8) A representative
of the insurance industry.
(9) The Insurance
Commissioner.
All of the members of
the advisory committee shall have
expertise in the field of seismic
hazards or seismic safety.
(c) At least 90 days
prior to adopting measures pursuant to
this section, the board shall transmit
or cause to be transmitted a draft of
those measures to affected cities,
counties, and state agencies for review
and comment.
2696. Maps: Preparation, distribution,
and notice
(a) The State
Geologist shall compile maps identifying
seismic hazard zones, consistent
with the requirements of Section 2695.
The maps shall be compiled in accordance
with a time schedule developed by the
director and based upon the provisions
of Section 2695 and the level of funding
available to implement this chapter.
(b) The State
Geologist shall, upon completion, submit
seismic hazard maps compiled pursuant to
subdivision (a) to the board and all
affected cities, counties, and state
agencies for
review and comment. Concerned
jurisdictions and agencies shall submit
all comments to the board for review and
consideration within 90 days. Within 90
days of board review, the State
Geologist shall revise the maps, as
appropriate, and shall provide copies of
the official maps to each state agency,
city, or county, including the county
recorder, having jurisdiction over lands
containing an area of seismic hazard.
The county recorder shall record all
information transmitted as part of the
public record.
(c) In order to
ensure that sellers of real property and
their agents are adequately informed,
any county that receives an official map
pursuant to this section shall post a
notice within five days of receipt of
the map at the office of the county
recorder, county assessor, and county
planning agency, identifying the
location of the map and any information
regarding changes to the map and the
effective date of the notice.
2697. City and county responsibilities;
geotechnical reports; waiver or
approval; submission of copies
(a) Cities and
counties shall require, prior to the
approval of a project located in a
seismic hazard zone, a geotechnical
report defining and delineating any
seismic hazard. If the city or county
finds that no undue hazard of this kind
exists, based on information resulting
from studies conducted on sites in the
immediate vicinity of the project and of
similar soil composition to the project
site, the geotechnical report may be
waived . After a report has been
approved or a waiver granted, subsequent
geotechnical reports shall not be
required, provided that new geologic
datum, or data, warranting further
investigation is not recorded. Each city
and county shall submit one copy of each
approved geotechnical report, including
the mitigation measures, if any, that
are to be taken, to the State Geologist
within 30 days of its approval of the
report.
(b) In meeting the
requirements of this section, cities and
counties shall consider the policies and
criteria established pursuant to this
chapter. If a project's approval is not
in accordance with the policies and
criteria, the city or county shall
explain the reasons for the differences
in writing to the State Geologist,
within 30 days of the project's
approval.
2698. City or county policies and
criteria may be stricter
Nothing in this
chapter is intended to prevent cities
and counties from establishing policies
and criteria which are more strict than
those established by the board.
2699. Use of map information in safety
elements and ordinances
Each city and county,
in preparing the safety element to its
general plan pursuant to subdivision (g)
of Section 65302 of the Government Code,
and in adopting or revising land use
planning and permitting ordinances,
shall take into account the information
provided in available seismic hazard
maps.
2699.5. Seismic Hazards
Identification Fund
(a) There is hereby
created the Seismic Hazards
Identification Fund, as a special fund
in the State Treasury. Notwithstanding
Section 13340 of the Government Code,
the moneys in the fund are continuously
appropriated to the division for the
purposes of this chapter.
(b) Notwithstanding
Section 5001 of the Insurance Code,
one-half of 1 percent of the earthquake
surcharge moneys received by the
California Residential Earthquake
Recovery Fund in any calendar year shall
be transferred to the Seismic Hazards
Identification Fund for the purposes of
carrying out this chapter. This
subdivision shall become operative only
if Assembly Bill 3913 or Senate Bill
2902 of the 1989-90 Regular Session of
the Legislature is enacted and takes
effect.
2699.6. Operative date of chapter
This chapter shall
become operative on April 1, 1991.
NOTE: you may wish to
check
LegInfo to verify the current
version of these code sections.
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