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HomeMy WebLinkAbout1581 ORDINANCE NO. 1581 AN URGENCY ORDINANCE OF THE CITY OF ARCADIA ADDING CHAPTER 7 TO ARTICLE III OF THE ARCADIA MUNICIPAL CODE IMPLEMENTING THE STATE OF CALIFORNIA ALQUIST- PRIOLO SPECIAL STUDIES ZONES ACT BY REQUIRING GEO- LOGICAL REPORTS FOR PROJECTS TO BE LOCATED IN SPECIAL STUDIES ZONES UNDER SPECIFIED CIRCUMSTANCES AND TO REQUIRE CITY RECOMMENDATION OF PROJECT, AP- PROVAL OR CONDITIONAL APPROVAL PRIOR TO ISSUANCE OF DEVELOPMENT PERMITS FOR THE PROJECT THE CITY COUNCIL OF THE CITY OF ARCADIA DOES ORDAIN AS FOLLOWS: SECTION 1. This Ordinance is an ordinance for the immediate preservation of the public peace, health and safety of the people of the City of Arcadia and shall take effect January 1, 1977 in accordance with Arcadia City Charter Section 416. Said emergency is based upon the fOllowing facts which we hereby find to be true and correct: The Alquist-Priolo Special Studies Zones Act, SB 520, went into effect March 7, 1973. The purpose of the Act is to provide for public safety in hazardous fault zones. The Act requires the delinea- tion of potential damage areas, called "special studies zones," along known active faults throughout California. It requires local govern- ments to withhold approval of construction permits in those zones until geologic investigation has determined, using the available evidence and up-to-date methods, that the site is not threatened by surface displacement from future faulting. The Planning Department has received a copy of Preliminary Map, prepared by the State which delineates the Raymond Hill fault as a Special Studies Zone. The Special Studies Zone includes areas within 660 feet on both sides of the trace of the nearest potentially active fault. -1- 1581 The Map will become official on January 1, 1977, at which time the City will be responsible for the implementation of the Act. The City must then require the developer to evaluate specific sites within the Special Studies Zones to determine if a potential hazard from any fault, whether heretofore recognized or not, exists with regard to proposed structures and their occupants. This ordinance is necessary to provide for an orderlyimple- mentation of the Act by January 1, 1977. SECTION 2. The Arcadia Municipal Code is hereby amended by adding Chapter 7 to Article III thereof which shall read as follows: "ARTICLE III PUBLIC SAFETY 'CHAPTER 7 SPECIAL STUDIES GEOLOGIC ZONES CODE 3700. PURPOSE. This Chapter is hereby adopted and established to provide for the public safety in hazardous fault zones and shall be known as the City of Arcadia Special Studies Geologic Zones Code. 3701. AUTHORITY. Chapter 7.5 of Division 2 of the California Public Resources Code, known as the Alquist-Priolo Special Studies Zones Act, requires that the State Geologist delineate Special Studies Zones to encompass all potentially and recently active faults in California that constitute a potential hazard to structures from surface faulting. The Act requires cities and counties to exercise specified approval authority with respect to new real estate develop- ments and structures for human occupancy. In compliance with the provisions and intent of the Act, the City of Arcadia hereby declares the Alquist-Priolo Special Studies Zones Map of the State Geologist that affects the City of Arcadia is by this reference incorporated herein as though fully set forth. -2- 1581 3702. DEFINITIONS. For the purpose of this Chapter, certain words and terms are hereby defined as follows: a. Active Fault. A fault along which movement has occurred within the past eleven thousand (11,000) years. b. Development Permit. A building permit or the ap- proval of a tentative map or a tentative parcel map. c. Fault. A fracture or zone of closely associated fractures along which rocks on one side have been displaced with respect to those on the other side. d. Fault Trace. The line formed by the intersection of a fault and the earth's surface. The delinea- tion of a fault on a map of the Special Studies Zones. e. Potentially Active Fault. ment has occurred within (3,000,000) years. A fault along which move- the past three million f. Project. A project shall include anyone of the following: 1) Any division or consolidation of land which contemplates the eventual construction of struc- tures for human occupancy. 2) Any structure for human occupancy except (1) a single family wood frame dwelling not exceeding two stories, (2) the conversion of an existing apartment building to a condominium. 3) Any single family wood frame dwelling which is built or located as part of a development of four or more such dwellings constructed by a single person, individual, partnership, corpora- tion, or other organization. 4) Any improvements or additions to a structure for human occupany, other than a single family wood framed dwelling not exceeding two stories that exceeds fifty percent (50%) of the present market value of said structure as listed on the latest equalized assessment roll, or by an inde- pendent appraiser. -3- 1581 g. Special Study Zone. An area of limited extent centered on a positioned fault. The zone boundaries are posi- tioned approximately six hundred sixty (660) feet on either side of a fault. The Special Studies Zones are believed by the State Geologist to warrant special geo- logic investigations to confirm the presence or absence of hazardous faults. h. Structure for Human Occupan~y. Any structure that is habitually or primarily occupied by humans. 3703. OFFICIAL MAPS. The Official State Maps delineating the Special Studies Zones affecting the City of Arcadia shall be main- tained by the Planning Department. Copies of said maps shall be made available to the public at a cost. The Planning Department shall prepare and maintain detailed maps of the Special Studies Zones which specify the parcels to be included in said zones. In addition,the Planning Department shall compile a list of addresses which identify the affected parcels. Said list shall be for general information and is not to be con- strued as an official list. Said list shall be made available to the public at a cost. Any modifications or changes in the boundaries of the Special Studies Zones issued by the State Geologist affecting the City of Arcadia shall be reflected in the aforementioned maps and list by the Planning Department. 3704. GENERAL REGULATIONS. The following regulations shall apply to all structures and properties: a. No structure for human occupancy shall be built over a potentially active, or an active fault trace. b. The area within fifty (50) feet of a fault shall be assumed to be underlain by active branches of that fault unless and until proven otherwise by an -4- 1581 appropriate geologic investigation. This fifty (50) feet setback requirement is intended to represent a standard geologic discretionary setback and may be modified in accordance with the following (1) a set- back less than fifty (50) feet may be allowed if, in the judgment of the City's geologist, after reviewing a geologic study, that a lesser setback would in no way result in any unnecessary risk of structural dam- age to the proposed structure or use due to surface rupture, (2) a setback greater than fifty (50) feet may be required if deemed as necessary by the City's geologist for certain high risk structures, including but not limited to schools, hospitals, and buildings over two (2) stories in height. c. A person who is acting as an agent for a seller of real estate or a person who is acting without an agent shall disclose to any prospective buyer the fact that the property is located within a delineated Special Studies Zone. This disclosure shall be in a written form and signed by the purchaser prior to entering escrow. 3704.1 GEOLOGIC REPORTS; RECOMMENDATIONS; FEES. Before a development permit for any project within Special Studies Zones may be granted by the City, a geologic report shall be prepared for the project and a recommendation of approval or conditional approval of the develop- ment permit is given by the Planning Director or his designated representative. Geologic reports required by this Chapter shall be prepared in accordance with the outline set forth by the State of California Board of Mines and Geology. Geologic reports shall be prepared by or under the direction of a geologist registered in the State of California, who shall sign and affix his registration number to the report. The submission of an application for development permit and appropriate permit fees for any project within a Special Studies Zone shall be accompanied by five (5) copies of the required -5- 1581 geologic report and a filing deposit of five hundred dollars ($500) . The costs to the City for processing and reviewing the geologic report shall be deducted from said deposit. The applicant shall receive an itemized list of expenditures. The applicant shall receive any unencumbered portion of the deposit following the City's action on the application. If the costs appear that they will exceed the amount of the deposit, the applicant shall be so informed in writing along with an itemized list of expenditures to date, and shall provide such additional deposit as may be required to cover costs before such costs are incurred. The City shall not incur costs beyond the amount on deposit with the City. The City shall retain a technically qualified geologist who shall review geologic reports and prepare a brief written statement of findings and recommendations within thirty-five (35) days of the filing of the application. The City's geologist shall recommend either approval, condi- tional approval, or disapproval of an application for a development permit. The Planning Director or his designated representative shall consider the recommendations of the City's geologist and may either recommend approval, conditional approval, or denial of the applica- tion for a development permit. 3705. APPEAL. Within five (5) days after the decision of the Planning Director or his designated representative under Section 3704.1, the applicant or other interested person may appeal from -6- 1581 said decision in accordance with the following: a. The letter of appeal to the City Council shall be filed with the City Clerk. b. The applicant shall provide ten (10) additional copies of the report and a filing fee of two hundred dollars ($200) upon filing the appe~l and no appeal shall be considered filed unless accompanied by aforesaid fee and reports. A hearing on an appeal shall be scheduled for a regular City Council meeting to be held not less than 10 days nor more than 40 days from the date of the filing of said appeal. c. The applicant or his technical representative shall be present to give oral testimony and answer the questions of the City Council. d. The City's geologist shall be present at the hearing, as well, to give oral testimony and answer the ques- tions of the City Council. e. The Planning or Engineering Departments shall prepare staff reports for the City Council. These staff reports shall be supplemental to the Geologic Report and may contain additional recommendations and supporting data. f. The City Council may, at its discretion, consult with a third independent Geologist prior to making its deci- sion and may continue the Appeals Hearing until such time a third opinion can be rendered. The cost of a third consultant shall be paid by the applicant. Failure of the applicant to agree to these costs will result in the termination of the appeal. g. At the conclusion of all testimony and presentation of evidence, the City Council shall act by approving, con- ditionally approving, or 'denying the appeal. The decision of the City Council shall be final. h. Any action taken by the Planning Director, his desig- nated representative or City Council pursuant to this code recommending approval or conditional approval of a development permit under the provisions of this Special Studies Geologic Zones Code shall not be con- strued as any other approval or conditional approval of the development permit for said project required by any other provision of the Arcadia Municipal Code. -7- 1581 3706. WAIVER OF GEOLOGIC REPORT. If previous geologic studies in the proximity of a proposed project provide sufficient information to determine the absence or presence of potential surface rupture, a Geologic Report may be waived. The State Geologist will approve waiver requests only after receiving a waiver form completed by the City's Geologist and the property owner and accompanied by supporting statements and data in writing that would justify the approval of the waiver request. Waiver requests requiring the services of the City's Geolo- gist shall be accompanied by a deposit of one hundred ($100) dollars to pay for the processing costs incurred by the City. If the costs appear that they will exceed the amount of the deposit, the applicant shall be so informed in writing along with an itemized list of expenditures to date, and shall provide such additional deposit as may be required to cover the costs before such costs are incurred. The City shall not incur costs beyond the amount on deposit with the City. SECTION 3. No person shall violate any provision, or fail to comply with any of the requirements of this ordinance. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this ordinance shall be guilty of a misde- meanor. Any person convicted of a misdemeanor under any provision of this ordinance shall be punishable by a fine of not more than Five Hundred Dollars, or by imprisonment in the City Jailor County Jail for a period not exceeding six months, or by both such fine and imprison- ment. Each such person shall be guilty of a separate offense for each -8- 1581 and every day during any portion of which any violation of any provision of the ordinance is committed, continued, or permitted by such person and shall be punishable accordingly. SECTION 4. In addition to the penalties provided in the pre- ceding Section, any condition caused or permitted to exist in violation of any of the provisions of this ordinance shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be in- valid or unconstitutional by the decision of any court of competent juris- diction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Arcadia hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irres- pective of the fact that anyone or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6. Neither the adoption of this ordinance nor the repeal hereby of any ordinance shall in any manner affect the prosecu- tion for violation of ordinances, which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collection of any such license or penalty or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or case deposit in lieu -9- 1581 thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 7. The Clerk of the Council shall certify to the passage and adoption of this ordinance and shall cause the same to be published in the official newspaper of the City of Arcadia within fifteen (15) days after its adoption. PASSED AND ADOPTED by the City Council of the city of Arcadia as an urgency ordinance at its regular meeting held on the 21st day of December, 1976. SIGNED AND APPROVED this 21st day of December, 1976. flodC 1!~~~ , MAY ATTEST: CITY CLERK I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, California, held on the 21st'day of December, 1976, by the affirmative vote of at least four Council members, to wit: AYES: Councilmen Gi1b, Margett, Parry, Saelid and Lauber NOES: None ABSENT: None CITY CLERK, CHRISTINE VAN MAANEN -10- 1581 PASSED AND ADOPTED by the City Council of the City of Arcadia as a regular ordinance at its regu~ar meeting held on the 4th day of January , 1977. SIGNED AND ADOPTED this 4th day of January , 1977. ?:I/U~j(~~~ ( MAYR ~? /4Lt21.'L----- I HEREBY CERTIFY that the foregoing ordinance was adopted at a regular meeting of the City Council of the City of Arcadia, Cali- fornia, held on the 4th day of January , 1977, by the affirma- tive vote of at least three Council members, to wit: AYES: Councilmen Gilb, Hargett, Parry, Saelid and Lauber NOES: None ABSENT: None Gl;df~t:l~ p7/~~ ~ CITY CLERK, CHRISTINE VAN MAANEN -ll- 1581