State Codes and Statutes

Statutes > California > Prc > 2621-2630

PUBLIC RESOURCES CODE
SECTION 2621-2630



2621.  This chapter shall be known, and may be cited, as the
Alquist-Priolo Earthquake Fault Zoning Act.



2621.5.  (a) It is the purpose of this chapter to provide for the
adoption and administration of zoning laws, ordinances, rules, and
regulations by cities and counties in implementation of the general
plan that is in effect in any city or county. The Legislature
declares that this chapter is intended to provide policies and
criteria to assist cities, counties, and state agencies in the
exercise of their responsibility to prohibit the location of
developments and structures for human occupancy across the trace of
active faults. Further, it is the intent of this chapter to provide
the citizens of the state with increased safety and to minimize the
loss of life during and immediately following earthquakes by
facilitating seismic retrofitting to strengthen buildings, including
historical buildings, against ground shaking.
   (b) This chapter is applicable to any project, as defined in
Section 2621.6, which is located within a delineated earthquake fault
zone, upon issuance of the official earthquake fault zones maps to
affected local jurisdictions, except as provided in Section 2621.7.
   (c) The implementation of this chapter shall be pursuant to
policies and criteria established and adopted by the board.



2621.6.  (a) As used in this chapter, "project" means either of the
following:
   (1) Any subdivision of land which is subject to the Subdivision
Map Act (Division 2 (commencing with Section 66410) of Title 7 of the
Government Code), and which contemplates the eventual construction
of structures for human occupancy.
   (2) Structures for human occupancy, with the exception of either
of the following:
   (A) Single-family wood-frame or steel-frame dwellings to be built
on parcels of land for which geologic reports have been approved
pursuant to paragraph (1).
   (B) A single-family wood-frame or steel-frame dwelling not
exceeding two stories when that dwelling is not part of a development
of four or more dwellings.
   (b) For the purposes of this chapter, a mobilehome whose body
width exceeds eight feet shall be considered to be a single-family
wood-frame dwelling not exceeding two stories.



2621.7.  This chapter, except Section 2621.9, shall not apply to any
of the following:
   (a) The conversion of an existing apartment complex into a
condominium.
   (b) Any development or structure in existence prior to May 4,
1975, except for an alteration or addition to a structure that
exceeds the value limit specified in subdivision (c).
   (c) An alteration or addition to any structure if the value of the
alteration or addition does not exceed 50 percent of the value of
the structure.
   (d) (1) Any structure located within the jurisdiction of the City
of Berkeley or the City of Oakland which was damaged by fire between
October 20, 1991, and October 23, 1991, if granted an exemption
pursuant to this subdivision.
   (2) The city may apply to the State Geologist for an exemption and
the State Geologist shall grant the exemption only if the structure
located within the earthquake fault zone is not situated upon a trace
of an active fault line, as delineated in the official earthquake
fault zone map or in more recent geologic data, as determined by the
State Geologist.
   (3) When requesting an exemption, the city shall submit to the
State Geologist all of the following information:
   (A) Maps noting the parcel numbers of proposed building sites that
are at least 50 feet from an identified fault and a statement that
there is not any more recent information to indicate a geologic
hazard.
   (B) Identification of any sites that are within 50 feet of an
identified fault.
   (C) Proof that the property owner has been notified that the
granting of an exemption is not any guarantee that a geologic hazard
does not exist.
   (4) The granting of the exemption does not relieve a seller of
real property or an agent for the seller of the obligation to
disclose to a prospective purchaser that the property is located
within a delineated earthquake fault zone, as required by Section
2621.9.
   (e) (1) Alterations that include seismic retrofitting, as defined
in Section 8894.2 of the Government Code, to any of the following
listed types of buildings in existence prior to May 4, 1975:
   (A) Unreinforced masonry buildings, as described in subdivision
(a) of Section 8875 of the Government Code.
   (B) Concrete tilt-up buildings, as described in Section 8893 of
the Government Code.
   (C) Reinforced concrete moment resisting frame buildings as
described in Applied Technology Council Report 21 (FEMA Report 154).
   (2) The exemption granted by paragraph (1) shall not apply unless
a city or county acts in accordance with all of the following:
   (A) The building permit issued by the city or county for the
alterations authorizes no greater human occupancy load, regardless of
proposed use, than that authorized for the existing use permitted at
the time the city or county grants the exemption. This may be
accomplished by the city or county making a human occupancy load
determination that is based on, and no greater than, the existing
authorized use, and including that determination on the building
permit application as well as a statement substantially as follows:
"Under subparagraph (A) of paragraph (2) of subdivision (e) of
Section 2621.7 of the Public Resources Code, the occupancy load is
limited to the occupancy load for the last lawful use authorized or
existing prior to the issuance of this building permit, as determined
by the city or county."
   (B) The city or county requires seismic retrofitting, as defined
in Section 8894.2 of the Government Code, which is necessary to
strengthen the entire structure and provide increased resistance to
ground shaking from earthquakes.
   (C) Exemptions granted pursuant to paragraph (1) are reported in
writing to the State Geologist within 30 days of the building permit
issuance date.
   (3) Any structure with human occupancy restrictions under
subparagraph (A) of paragraph (2) shall not be granted a new building
permit that allows an increase in human occupancy unless a geologic
report, prepared pursuant to subdivision (d) of Section 3603 of Title
14 of the California Code of Regulations in effect on January 1,
1994, demonstrates that the structure is not on the trace of an
active fault, or the requirement of a geologic report has been waived
pursuant to Section 2623.
   (4) A qualified historical building within an earthquake fault
zone that is exempt pursuant to this subdivision may be repaired or
seismically retrofitted using the State Historical Building Code,
except that, notwithstanding any provision of that building code and
its implementing regulations, paragraph (2) shall apply.



2621.8.  Notwithstanding Section 818.2 of the Government Code, a
city or county which knowingly issues a permit that grants an
exemption pursuant to subdivision (e) of Section 2621.7 that does not
adhere to the requirements of paragraph (2) of subdivision (e) of
Section 2621.7, may be liable for earthquake-related injuries or
deaths caused by its failure to so adhere.



2621.9.  (a) A person who is acting as an agent for a transferor of
real property that is located within a delineated earthquake fault
zone, or the transferor, if he or she is acting without an agent,
shall disclose to any prospective transferee the fact that the
property is located within a delineated earthquake fault zone.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a delineated earthquake fault
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.
   (c) In all transactions that are subject to Section 1103 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
1103.2 of the Civil Code.
   (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 delineated earthquake fault
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 1103.4 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 transferor
or the transferor'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 transferor:
   (1) Persons specified in Section 1103.11 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 1103.13 of the Civil
Code shall apply.
   (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.



2622.  (a) In order to assist cities and counties in their planning,
zoning, and building-regulation functions, the State Geologist shall
delineate, by December 31, 1973, appropriately wide earthquake fault
zones to encompass all potentially and recently active traces of the
San Andreas, Calaveras, Hayward, and San Jacinto Faults, and such
other faults, or segments thereof, as the State Geologist determines
to be sufficiently active and well-defined as to constitute a
potential hazard to structures from surface faulting or fault creep.
The earthquake fault zones shall ordinarily be one-quarter mile or
less in width, except in circumstances which may require the State
Geologist to designate a wider zone.
   (b) Pursuant to this section, the State Geologist shall compile
maps delineating the earthquake fault zones and shall submit those
maps to all affected cities, counties, and state agencies, not later
than December 31, 1973, for review and comment. Concerned
jurisdictions and agencies shall submit all comments to the State
Mining and Geology Board for review and consideration within 90 days.
Within 90 days of that review, the State Geologist shall provide
copies of the official maps to concerned state agencies and to each
city or county having jurisdiction over lands lying within that zone.
   (c) The State Geologist shall continually review new geologic and
seismic data and shall revise the earthquake fault zones or delineate
additional earthquake fault zones when warranted by new information.
The State Geologist shall submit all revised maps and additional
maps to all affected cities, counties, and state agencies for their
review and comment. Concerned jurisdictions and agencies shall submit
all comments to the State Mining and Geology Board for review and
consideration within 90 days. Within 90 days of that review, the
State Geologist shall provide copies of the revised and additional
official maps to concerned state agencies and to each city or county
having jurisdiction over lands lying within the earthquake fault
zone.
   (d) 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 offices of the county recorder, county
assessor, and county planning commission, identifying the location of
the map and the effective date of the notice.



2623.  (a) The approval of a project by a city or county shall be in
accordance with policies and criteria established by the State
Mining and Geology Board and the findings of the State Geologist. In
the development of those policies and criteria, the State Mining and
Geology Board shall seek the comment and advice of affected cities,
counties, and state agencies. Cities and counties shall require,
prior to the approval of a project, a geologic report defining and
delineating any hazard of surface fault rupture. If the city or
county finds that no undue hazard of that kind exists, the geologic
report on the hazard may be waived, with the approval of the State
Geologist.
   (b) After a report has been approved or a waiver granted,
subsequent geologic reports shall not be required, provided that new
geologic data warranting further investigations is not recorded.
   (c) The preparation of geologic reports that are required pursuant
to this section for multiple projects may be undertaken by a
geologic hazard abatement district.



2624.  Notwithstanding any provision of this chapter, cities and
counties may do any of the following:
   (1) Establish policies and criteria which are stricter than those
established by this chapter.
   (2) Impose and collect fees in addition to those required under
this chapter.
   (3) Determine not to grant exemptions authorized under this
chapter.



2625.  (a) Each applicant for approval of a project may be charged a
reasonable fee by the city or county having jurisdiction over the
project.
   (b) Such fees shall be set in an amount sufficient to meet, but
not to exceed, the costs to the city or county of administering and
complying with the provisions of this chapter.
   (c) The geologic report required by Section 2623 shall be in
sufficient detail to meet the criteria and policies established by
the State Mining and Geology Board for individual parcels of land.



2630.  In carrying out the provisions of this chapter, the State
Geologist and the board shall be advised by the Seismic Safety
Commission.

State Codes and Statutes

Statutes > California > Prc > 2621-2630

PUBLIC RESOURCES CODE
SECTION 2621-2630



2621.  This chapter shall be known, and may be cited, as the
Alquist-Priolo Earthquake Fault Zoning Act.



2621.5.  (a) It is the purpose of this chapter to provide for the
adoption and administration of zoning laws, ordinances, rules, and
regulations by cities and counties in implementation of the general
plan that is in effect in any city or county. The Legislature
declares that this chapter is intended to provide policies and
criteria to assist cities, counties, and state agencies in the
exercise of their responsibility to prohibit the location of
developments and structures for human occupancy across the trace of
active faults. Further, it is the intent of this chapter to provide
the citizens of the state with increased safety and to minimize the
loss of life during and immediately following earthquakes by
facilitating seismic retrofitting to strengthen buildings, including
historical buildings, against ground shaking.
   (b) This chapter is applicable to any project, as defined in
Section 2621.6, which is located within a delineated earthquake fault
zone, upon issuance of the official earthquake fault zones maps to
affected local jurisdictions, except as provided in Section 2621.7.
   (c) The implementation of this chapter shall be pursuant to
policies and criteria established and adopted by the board.



2621.6.  (a) As used in this chapter, "project" means either of the
following:
   (1) Any subdivision of land which is subject to the Subdivision
Map Act (Division 2 (commencing with Section 66410) of Title 7 of the
Government Code), and which contemplates the eventual construction
of structures for human occupancy.
   (2) Structures for human occupancy, with the exception of either
of the following:
   (A) Single-family wood-frame or steel-frame dwellings to be built
on parcels of land for which geologic reports have been approved
pursuant to paragraph (1).
   (B) A single-family wood-frame or steel-frame dwelling not
exceeding two stories when that dwelling is not part of a development
of four or more dwellings.
   (b) For the purposes of this chapter, a mobilehome whose body
width exceeds eight feet shall be considered to be a single-family
wood-frame dwelling not exceeding two stories.



2621.7.  This chapter, except Section 2621.9, shall not apply to any
of the following:
   (a) The conversion of an existing apartment complex into a
condominium.
   (b) Any development or structure in existence prior to May 4,
1975, except for an alteration or addition to a structure that
exceeds the value limit specified in subdivision (c).
   (c) An alteration or addition to any structure if the value of the
alteration or addition does not exceed 50 percent of the value of
the structure.
   (d) (1) Any structure located within the jurisdiction of the City
of Berkeley or the City of Oakland which was damaged by fire between
October 20, 1991, and October 23, 1991, if granted an exemption
pursuant to this subdivision.
   (2) The city may apply to the State Geologist for an exemption and
the State Geologist shall grant the exemption only if the structure
located within the earthquake fault zone is not situated upon a trace
of an active fault line, as delineated in the official earthquake
fault zone map or in more recent geologic data, as determined by the
State Geologist.
   (3) When requesting an exemption, the city shall submit to the
State Geologist all of the following information:
   (A) Maps noting the parcel numbers of proposed building sites that
are at least 50 feet from an identified fault and a statement that
there is not any more recent information to indicate a geologic
hazard.
   (B) Identification of any sites that are within 50 feet of an
identified fault.
   (C) Proof that the property owner has been notified that the
granting of an exemption is not any guarantee that a geologic hazard
does not exist.
   (4) The granting of the exemption does not relieve a seller of
real property or an agent for the seller of the obligation to
disclose to a prospective purchaser that the property is located
within a delineated earthquake fault zone, as required by Section
2621.9.
   (e) (1) Alterations that include seismic retrofitting, as defined
in Section 8894.2 of the Government Code, to any of the following
listed types of buildings in existence prior to May 4, 1975:
   (A) Unreinforced masonry buildings, as described in subdivision
(a) of Section 8875 of the Government Code.
   (B) Concrete tilt-up buildings, as described in Section 8893 of
the Government Code.
   (C) Reinforced concrete moment resisting frame buildings as
described in Applied Technology Council Report 21 (FEMA Report 154).
   (2) The exemption granted by paragraph (1) shall not apply unless
a city or county acts in accordance with all of the following:
   (A) The building permit issued by the city or county for the
alterations authorizes no greater human occupancy load, regardless of
proposed use, than that authorized for the existing use permitted at
the time the city or county grants the exemption. This may be
accomplished by the city or county making a human occupancy load
determination that is based on, and no greater than, the existing
authorized use, and including that determination on the building
permit application as well as a statement substantially as follows:
"Under subparagraph (A) of paragraph (2) of subdivision (e) of
Section 2621.7 of the Public Resources Code, the occupancy load is
limited to the occupancy load for the last lawful use authorized or
existing prior to the issuance of this building permit, as determined
by the city or county."
   (B) The city or county requires seismic retrofitting, as defined
in Section 8894.2 of the Government Code, which is necessary to
strengthen the entire structure and provide increased resistance to
ground shaking from earthquakes.
   (C) Exemptions granted pursuant to paragraph (1) are reported in
writing to the State Geologist within 30 days of the building permit
issuance date.
   (3) Any structure with human occupancy restrictions under
subparagraph (A) of paragraph (2) shall not be granted a new building
permit that allows an increase in human occupancy unless a geologic
report, prepared pursuant to subdivision (d) of Section 3603 of Title
14 of the California Code of Regulations in effect on January 1,
1994, demonstrates that the structure is not on the trace of an
active fault, or the requirement of a geologic report has been waived
pursuant to Section 2623.
   (4) A qualified historical building within an earthquake fault
zone that is exempt pursuant to this subdivision may be repaired or
seismically retrofitted using the State Historical Building Code,
except that, notwithstanding any provision of that building code and
its implementing regulations, paragraph (2) shall apply.



2621.8.  Notwithstanding Section 818.2 of the Government Code, a
city or county which knowingly issues a permit that grants an
exemption pursuant to subdivision (e) of Section 2621.7 that does not
adhere to the requirements of paragraph (2) of subdivision (e) of
Section 2621.7, may be liable for earthquake-related injuries or
deaths caused by its failure to so adhere.



2621.9.  (a) A person who is acting as an agent for a transferor of
real property that is located within a delineated earthquake fault
zone, or the transferor, if he or she is acting without an agent,
shall disclose to any prospective transferee the fact that the
property is located within a delineated earthquake fault zone.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a delineated earthquake fault
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.
   (c) In all transactions that are subject to Section 1103 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
1103.2 of the Civil Code.
   (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 delineated earthquake fault
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 1103.4 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 transferor
or the transferor'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 transferor:
   (1) Persons specified in Section 1103.11 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 1103.13 of the Civil
Code shall apply.
   (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.



2622.  (a) In order to assist cities and counties in their planning,
zoning, and building-regulation functions, the State Geologist shall
delineate, by December 31, 1973, appropriately wide earthquake fault
zones to encompass all potentially and recently active traces of the
San Andreas, Calaveras, Hayward, and San Jacinto Faults, and such
other faults, or segments thereof, as the State Geologist determines
to be sufficiently active and well-defined as to constitute a
potential hazard to structures from surface faulting or fault creep.
The earthquake fault zones shall ordinarily be one-quarter mile or
less in width, except in circumstances which may require the State
Geologist to designate a wider zone.
   (b) Pursuant to this section, the State Geologist shall compile
maps delineating the earthquake fault zones and shall submit those
maps to all affected cities, counties, and state agencies, not later
than December 31, 1973, for review and comment. Concerned
jurisdictions and agencies shall submit all comments to the State
Mining and Geology Board for review and consideration within 90 days.
Within 90 days of that review, the State Geologist shall provide
copies of the official maps to concerned state agencies and to each
city or county having jurisdiction over lands lying within that zone.
   (c) The State Geologist shall continually review new geologic and
seismic data and shall revise the earthquake fault zones or delineate
additional earthquake fault zones when warranted by new information.
The State Geologist shall submit all revised maps and additional
maps to all affected cities, counties, and state agencies for their
review and comment. Concerned jurisdictions and agencies shall submit
all comments to the State Mining and Geology Board for review and
consideration within 90 days. Within 90 days of that review, the
State Geologist shall provide copies of the revised and additional
official maps to concerned state agencies and to each city or county
having jurisdiction over lands lying within the earthquake fault
zone.
   (d) 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 offices of the county recorder, county
assessor, and county planning commission, identifying the location of
the map and the effective date of the notice.



2623.  (a) The approval of a project by a city or county shall be in
accordance with policies and criteria established by the State
Mining and Geology Board and the findings of the State Geologist. In
the development of those policies and criteria, the State Mining and
Geology Board shall seek the comment and advice of affected cities,
counties, and state agencies. Cities and counties shall require,
prior to the approval of a project, a geologic report defining and
delineating any hazard of surface fault rupture. If the city or
county finds that no undue hazard of that kind exists, the geologic
report on the hazard may be waived, with the approval of the State
Geologist.
   (b) After a report has been approved or a waiver granted,
subsequent geologic reports shall not be required, provided that new
geologic data warranting further investigations is not recorded.
   (c) The preparation of geologic reports that are required pursuant
to this section for multiple projects may be undertaken by a
geologic hazard abatement district.



2624.  Notwithstanding any provision of this chapter, cities and
counties may do any of the following:
   (1) Establish policies and criteria which are stricter than those
established by this chapter.
   (2) Impose and collect fees in addition to those required under
this chapter.
   (3) Determine not to grant exemptions authorized under this
chapter.



2625.  (a) Each applicant for approval of a project may be charged a
reasonable fee by the city or county having jurisdiction over the
project.
   (b) Such fees shall be set in an amount sufficient to meet, but
not to exceed, the costs to the city or county of administering and
complying with the provisions of this chapter.
   (c) The geologic report required by Section 2623 shall be in
sufficient detail to meet the criteria and policies established by
the State Mining and Geology Board for individual parcels of land.



2630.  In carrying out the provisions of this chapter, the State
Geologist and the board shall be advised by the Seismic Safety
Commission.


State Codes and Statutes

State Codes and Statutes

Statutes > California > Prc > 2621-2630

PUBLIC RESOURCES CODE
SECTION 2621-2630



2621.  This chapter shall be known, and may be cited, as the
Alquist-Priolo Earthquake Fault Zoning Act.



2621.5.  (a) It is the purpose of this chapter to provide for the
adoption and administration of zoning laws, ordinances, rules, and
regulations by cities and counties in implementation of the general
plan that is in effect in any city or county. The Legislature
declares that this chapter is intended to provide policies and
criteria to assist cities, counties, and state agencies in the
exercise of their responsibility to prohibit the location of
developments and structures for human occupancy across the trace of
active faults. Further, it is the intent of this chapter to provide
the citizens of the state with increased safety and to minimize the
loss of life during and immediately following earthquakes by
facilitating seismic retrofitting to strengthen buildings, including
historical buildings, against ground shaking.
   (b) This chapter is applicable to any project, as defined in
Section 2621.6, which is located within a delineated earthquake fault
zone, upon issuance of the official earthquake fault zones maps to
affected local jurisdictions, except as provided in Section 2621.7.
   (c) The implementation of this chapter shall be pursuant to
policies and criteria established and adopted by the board.



2621.6.  (a) As used in this chapter, "project" means either of the
following:
   (1) Any subdivision of land which is subject to the Subdivision
Map Act (Division 2 (commencing with Section 66410) of Title 7 of the
Government Code), and which contemplates the eventual construction
of structures for human occupancy.
   (2) Structures for human occupancy, with the exception of either
of the following:
   (A) Single-family wood-frame or steel-frame dwellings to be built
on parcels of land for which geologic reports have been approved
pursuant to paragraph (1).
   (B) A single-family wood-frame or steel-frame dwelling not
exceeding two stories when that dwelling is not part of a development
of four or more dwellings.
   (b) For the purposes of this chapter, a mobilehome whose body
width exceeds eight feet shall be considered to be a single-family
wood-frame dwelling not exceeding two stories.



2621.7.  This chapter, except Section 2621.9, shall not apply to any
of the following:
   (a) The conversion of an existing apartment complex into a
condominium.
   (b) Any development or structure in existence prior to May 4,
1975, except for an alteration or addition to a structure that
exceeds the value limit specified in subdivision (c).
   (c) An alteration or addition to any structure if the value of the
alteration or addition does not exceed 50 percent of the value of
the structure.
   (d) (1) Any structure located within the jurisdiction of the City
of Berkeley or the City of Oakland which was damaged by fire between
October 20, 1991, and October 23, 1991, if granted an exemption
pursuant to this subdivision.
   (2) The city may apply to the State Geologist for an exemption and
the State Geologist shall grant the exemption only if the structure
located within the earthquake fault zone is not situated upon a trace
of an active fault line, as delineated in the official earthquake
fault zone map or in more recent geologic data, as determined by the
State Geologist.
   (3) When requesting an exemption, the city shall submit to the
State Geologist all of the following information:
   (A) Maps noting the parcel numbers of proposed building sites that
are at least 50 feet from an identified fault and a statement that
there is not any more recent information to indicate a geologic
hazard.
   (B) Identification of any sites that are within 50 feet of an
identified fault.
   (C) Proof that the property owner has been notified that the
granting of an exemption is not any guarantee that a geologic hazard
does not exist.
   (4) The granting of the exemption does not relieve a seller of
real property or an agent for the seller of the obligation to
disclose to a prospective purchaser that the property is located
within a delineated earthquake fault zone, as required by Section
2621.9.
   (e) (1) Alterations that include seismic retrofitting, as defined
in Section 8894.2 of the Government Code, to any of the following
listed types of buildings in existence prior to May 4, 1975:
   (A) Unreinforced masonry buildings, as described in subdivision
(a) of Section 8875 of the Government Code.
   (B) Concrete tilt-up buildings, as described in Section 8893 of
the Government Code.
   (C) Reinforced concrete moment resisting frame buildings as
described in Applied Technology Council Report 21 (FEMA Report 154).
   (2) The exemption granted by paragraph (1) shall not apply unless
a city or county acts in accordance with all of the following:
   (A) The building permit issued by the city or county for the
alterations authorizes no greater human occupancy load, regardless of
proposed use, than that authorized for the existing use permitted at
the time the city or county grants the exemption. This may be
accomplished by the city or county making a human occupancy load
determination that is based on, and no greater than, the existing
authorized use, and including that determination on the building
permit application as well as a statement substantially as follows:
"Under subparagraph (A) of paragraph (2) of subdivision (e) of
Section 2621.7 of the Public Resources Code, the occupancy load is
limited to the occupancy load for the last lawful use authorized or
existing prior to the issuance of this building permit, as determined
by the city or county."
   (B) The city or county requires seismic retrofitting, as defined
in Section 8894.2 of the Government Code, which is necessary to
strengthen the entire structure and provide increased resistance to
ground shaking from earthquakes.
   (C) Exemptions granted pursuant to paragraph (1) are reported in
writing to the State Geologist within 30 days of the building permit
issuance date.
   (3) Any structure with human occupancy restrictions under
subparagraph (A) of paragraph (2) shall not be granted a new building
permit that allows an increase in human occupancy unless a geologic
report, prepared pursuant to subdivision (d) of Section 3603 of Title
14 of the California Code of Regulations in effect on January 1,
1994, demonstrates that the structure is not on the trace of an
active fault, or the requirement of a geologic report has been waived
pursuant to Section 2623.
   (4) A qualified historical building within an earthquake fault
zone that is exempt pursuant to this subdivision may be repaired or
seismically retrofitted using the State Historical Building Code,
except that, notwithstanding any provision of that building code and
its implementing regulations, paragraph (2) shall apply.



2621.8.  Notwithstanding Section 818.2 of the Government Code, a
city or county which knowingly issues a permit that grants an
exemption pursuant to subdivision (e) of Section 2621.7 that does not
adhere to the requirements of paragraph (2) of subdivision (e) of
Section 2621.7, may be liable for earthquake-related injuries or
deaths caused by its failure to so adhere.



2621.9.  (a) A person who is acting as an agent for a transferor of
real property that is located within a delineated earthquake fault
zone, or the transferor, if he or she is acting without an agent,
shall disclose to any prospective transferee the fact that the
property is located within a delineated earthquake fault zone.
   (b) Disclosure is required pursuant to this section only when one
of the following conditions is met:
   (1) The transferor, or the transferor's agent, has actual
knowledge that the property is within a delineated earthquake fault
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.
   (c) In all transactions that are subject to Section 1103 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
1103.2 of the Civil Code.
   (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 delineated earthquake fault
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 1103.4 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 transferor
or the transferor'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 transferor:
   (1) Persons specified in Section 1103.11 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 1103.13 of the Civil
Code shall apply.
   (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.



2622.  (a) In order to assist cities and counties in their planning,
zoning, and building-regulation functions, the State Geologist shall
delineate, by December 31, 1973, appropriately wide earthquake fault
zones to encompass all potentially and recently active traces of the
San Andreas, Calaveras, Hayward, and San Jacinto Faults, and such
other faults, or segments thereof, as the State Geologist determines
to be sufficiently active and well-defined as to constitute a
potential hazard to structures from surface faulting or fault creep.
The earthquake fault zones shall ordinarily be one-quarter mile or
less in width, except in circumstances which may require the State
Geologist to designate a wider zone.
   (b) Pursuant to this section, the State Geologist shall compile
maps delineating the earthquake fault zones and shall submit those
maps to all affected cities, counties, and state agencies, not later
than December 31, 1973, for review and comment. Concerned
jurisdictions and agencies shall submit all comments to the State
Mining and Geology Board for review and consideration within 90 days.
Within 90 days of that review, the State Geologist shall provide
copies of the official maps to concerned state agencies and to each
city or county having jurisdiction over lands lying within that zone.
   (c) The State Geologist shall continually review new geologic and
seismic data and shall revise the earthquake fault zones or delineate
additional earthquake fault zones when warranted by new information.
The State Geologist shall submit all revised maps and additional
maps to all affected cities, counties, and state agencies for their
review and comment. Concerned jurisdictions and agencies shall submit
all comments to the State Mining and Geology Board for review and
consideration within 90 days. Within 90 days of that review, the
State Geologist shall provide copies of the revised and additional
official maps to concerned state agencies and to each city or county
having jurisdiction over lands lying within the earthquake fault
zone.
   (d) 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 offices of the county recorder, county
assessor, and county planning commission, identifying the location of
the map and the effective date of the notice.



2623.  (a) The approval of a project by a city or county shall be in
accordance with policies and criteria established by the State
Mining and Geology Board and the findings of the State Geologist. In
the development of those policies and criteria, the State Mining and
Geology Board shall seek the comment and advice of affected cities,
counties, and state agencies. Cities and counties shall require,
prior to the approval of a project, a geologic report defining and
delineating any hazard of surface fault rupture. If the city or
county finds that no undue hazard of that kind exists, the geologic
report on the hazard may be waived, with the approval of the State
Geologist.
   (b) After a report has been approved or a waiver granted,
subsequent geologic reports shall not be required, provided that new
geologic data warranting further investigations is not recorded.
   (c) The preparation of geologic reports that are required pursuant
to this section for multiple projects may be undertaken by a
geologic hazard abatement district.



2624.  Notwithstanding any provision of this chapter, cities and
counties may do any of the following:
   (1) Establish policies and criteria which are stricter than those
established by this chapter.
   (2) Impose and collect fees in addition to those required under
this chapter.
   (3) Determine not to grant exemptions authorized under this
chapter.



2625.  (a) Each applicant for approval of a project may be charged a
reasonable fee by the city or county having jurisdiction over the
project.
   (b) Such fees shall be set in an amount sufficient to meet, but
not to exceed, the costs to the city or county of administering and
complying with the provisions of this chapter.
   (c) The geologic report required by Section 2623 shall be in
sufficient detail to meet the criteria and policies established by
the State Mining and Geology Board for individual parcels of land.



2630.  In carrying out the provisions of this chapter, the State
Geologist and the board shall be advised by the Seismic Safety
Commission.

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