Chapter 7.5Earthquake Fault Zoning
Section § 2621
This law section names the chapter as the Alquist-Priolo Earthquake Fault Zoning Act, which focuses on addressing issues related to earthquake fault zones.
Section § 2621.5
This section is about how cities and counties in California should create and manage zoning laws to support their general plan, specifically focusing on safety around earthquake fault zones. The goal is to stop buildings where people live or work from being placed directly over active fault lines to keep people safe in earthquakes. Another aim is to encourage retrofitting older buildings to make them more earthquake-resistant. The rules apply to projects within officially mapped earthquake fault zones, as defined elsewhere, and are based on guidelines set by a governing board.
Section § 2621.6
This section defines what a 'project' means in the context of land subdivisions and construction intended for human living. It includes any land subdivision subject to specific regulations and structures meant for people to live in. Exceptions are made for certain single-family homes that are either on parcels with approved geologic reports or are less than three stories and aren't part of larger developments. Additionally, mobile homes wider than eight feet are considered similar to these single-family homes. Terms not specifically defined in this section should be understood as per the California Building Standards Code.
Section § 2621.7
This section specifies certain situations where the rules in this chapter do not apply.
First, it doesn't apply to converting apartments into condos. Second, if you change a building but keep it under half the building's value and don't make it more crowded or hazardous, the rules don't apply. Third, buildings in Berkeley or Oakland affected by a 1991 fire could be exempt, but only if they're not on an active fault. Fourth, structural changes that improve earthquake safety, like seismic retrofitting specific types of older buildings, also fall out of these rules. However, the building's occupancy must not increase beyond its previous capacity.
Notifications and seismic improvements must be reported promptly to the State Geologist, and any property owners should still disclose if the property is in an earthquake fault zone when selling. Special considerations are also given for historical buildings in fault zones.
Section § 2621.8
This law states that if a city or county deliberately issues a permit giving an exemption to certain earthquake safety requirements and does not follow specific rules, they could be held responsible for any injuries or deaths from an earthquake due to not following those rules.
Section § 2621.9
If you're selling property in a designated earthquake fault zone, you must inform potential buyers about it. This rule applies if you or your agent already knew the property is in such an area, or if official maps and notices at local offices show the property is in the zone. For real estate transactions covered by specific laws, you can use either a local disclosure form or a natural hazard disclosure statement to fulfill this requirement. If the available maps aren't precise enough to confirm the property's status, you should indicate "Yes" on the hazard statement unless you have a report proving otherwise. Certain individuals, like those specified by other laws or acting under a power of sale, aren't considered the transferor's agents for this purpose. This doesn't change any legal duties to avoid misleading buyers or failing to inform them.
Section § 2622
This law requires the State Geologist to map out specific earthquake fault zones, including those near major faults like the San Andreas and Hayward, to help cities and counties with planning and building regulations. These zones generally won't be more than a quarter mile wide unless necessary.
By the end of 1973, maps detailing these zones must be shared with relevant local and state agencies for feedback. Any comments received are reviewed by the State Mining and Geology Board, after which official maps are distributed to impacted cities and agencies.
The State Geologist must also stay updated on new geological data, revising maps and creating new ones as needed, with a similar review process. Additionally, it's crucial that any county receiving these maps inform property sellers and agents by posting notices promptly at designated county offices.
Section § 2623
This section states that when a city or county approves a project, it must align with the policies set by the State Mining and Geology Board, and the project must include a geologic report on surface fault rupture hazards. If there's no significant hazard, this report might be waived with approval. Once a report or waiver is granted, additional reports aren’t needed unless new information suggests otherwise. Additionally, a geologic hazard abatement district can prepare required reports for multiple projects.
Section § 2624
This law allows cities and counties in California to implement stricter environmental policies than those set by the state. They can also charge additional fees on top of what the state requires and decide not to offer certain exemptions allowed by state law.
Section § 2625
If you're applying to get a project approved, the city or county in charge can charge you a fee. This fee should be enough to cover their costs for managing and following the rules of this chapter, but it shouldn't be more than that.
Additionally, any geologic report needed must be detailed enough to meet the standards set by the State Mining and Geology Board for specific parcels of land.
Section § 2630
This law section states that when implementing the rules of this chapter, the State Geologist and the board are to receive guidance from the Seismic Safety Commission. This means the commission provides expert advice to ensure decisions consider seismic safety concerns.