Chapter 7.8Seismic Hazards Mapping
Section § 2690
This section simply names the chapter as the Seismic Hazards Mapping Act, allowing it to be referred to by this title.
Section § 2691
This section explains that most economic damage from earthquakes comes from ground shaking and related effects like landslides. Despite knowing how to map areas at risk of these dangers, California hasn't done so statewide. It's important for these seismic hazard zones to be mapped, so local governments can plan better and create rules to reduce risks and protect people.
Section § 2692
This California law aims to establish a statewide program for creating seismic hazard maps and technical advice to help cities and counties protect people from earthquake-related dangers, like strong shaking and landslides.
The maps and information generated are intended to be used by local governments for planning and development activities.
The California Geological Survey is tasked with coordinating these efforts using existing earthquake information and flood maps.
Section § 2692.1
This law states that the State Geologist can add information about the potential effects of tsunamis and seiches to maps if relevant data becomes available from other sources. However, this information will only be included if additional funding is provided to assess and distribute it, as local governments might use these details.
Section § 2693
This law defines important terms related to seismic safety within the specified chapter. It clarifies that 'city' and 'county' include San Francisco, and a 'geotechnical report' is a detailed analysis by experts on seismic hazards with recommendations to mitigate these hazards. 'Mitigation' involves actions that lower seismic risks to acceptable standards. A 'project' typically refers to developments as defined in another chapter, but single-family homes can be exempted, and minor changes within seismic zones that don't significantly alter a building's value or size aren't counted as projects. The 'Commission' refers to the Seismic Safety Commission, and 'Board' means the State Mining and Geology Board.
Section § 2694
This law mandates that if you're selling or transferring real estate that's located in a designated seismic hazard zone, you must inform the potential buyer about it. This disclosure is necessary if you or your agent know that the property is in such a zone, or if there's an official map showing it that the local government has received. The disclosure can be made through specific real estate forms. If the map isn't clear enough, you should indicate 'Yes' on the disclosure form unless you have a report verifying otherwise. Certain people are exempt from being considered as agents of the seller, such as those specified in other parts of the Civil Code. This requirement doesn't change any other disclosure obligations to prevent fraud or deception.
Section § 2695
This law requires the board to create guidelines, priorities, and policies for mapping seismic hazard zones in California by January 1, 1992. It involves setting priorities based on factors like population impact, threat to public health and safety, cost-sharing willingness, and available information. The board must also develop policies for local and state agencies on handling projects in these zones, including criteria for project approval and geotechnical report requirements. An advisory committee of experts in seismic hazards, along with other stakeholders, must be consulted. Before finalizing these measures, drafts should be shared with affected cities, counties, and state agencies for review.
Section § 2696
The State Geologist is responsible for creating maps that show areas prone to seismic hazards. These maps need to be made according to a schedule and budget set by the director. Once the maps are finished, they are shared with relevant cities, counties, and state agencies for feedback.
Those organizations have 90 days to provide their input. The State Geologist will then revise the maps as needed based on the feedback received. Updated maps are sent to every responsible state agency and local government to be officially recorded.
To keep property sellers and their agents informed, counties receiving these maps must post a notice within five days in specific county offices. This notice will indicate where to find the map, any changes to it, and when the notice takes effect.
Section § 2697
Before approving a construction project in an area prone to earthquakes, cities and counties in California must usually have a geotechnical report that identifies any seismic hazards. However, if studies of nearby areas show no significant risk, this report might not be needed. Once a report is approved or waived, no further reports are needed unless new geological information suggests otherwise.
Additionally, every approved geotechnical report and any mitigation measures must be sent to the State Geologist within 30 days. Cities and counties must follow existing policies when considering projects in these zones. If a project doesn't align with these policies, they must explain the reasons in writing to the State Geologist within 30 days of approval.
Section § 2698
This law section allows cities and counties to create their own rules that are tougher than the ones set by the board. Basically, local governments can impose stricter policies if they choose.
Section § 2699
This law requires cities and counties in California to use seismic hazard maps when developing or updating their general plan's safety elements and land use regulations. This ensures that potential earthquake risks are considered during the planning and permitting processes.
Section § 2699.5
This law establishes the Seismic Hazards Identification Fund as a special fund in the State Treasury. The money in this fund is allocated, once approved by the Legislature, to support seismic hazard mapping and instrumentation activities. Starting from July 1, 2004, this fund is called the Strong-Motion Instrumentation and Seismic Hazards Mapping Fund.
Section § 2699.6
This law section states that the rules or provisions in this particular chapter started to be effective on April 1, 1991.