from California Department of Conservation, DMG, Special Publication 42, Revised 1992

ALQUIST-PRIOLO SPECIAL STUDIES ZONES ACT OF 1972

SIGNED INTO LAW DECEMBER 22,1972; AMENDED SEPTEMBER 26, 1974; MAY 4, 1975; SEPTEMBER 28, 1975; SEPTEMBER 22, 1976;SEPTEMBER 27, 1979, SEPTEMBER 21, 1990, AND JULY 29, 1991.

Excerpts from California Public Resources Code

DIVISION 1. ADMINISTRATION

CHAPTER 2. DEPARTMENT OF CONSERVATION

Article 3. State Mining and Geology Board and the Division of Mines and Geology

660. There is in the department a State Mining and Geology Board consisting of nine members appointed by the Governor.

673. The board shall also serve as a policy and appeals board for the purposes of Chapter 7.5 (commencing with Section 2621) of Division 2.

DIVISION 2. GEOLOGY, MINES AND MINING

CHAPTER 7.5. SPECIAL STUDIES ZONES

2621. This chapter shall be known and may be cited as the Alquist-Priolo Special Studies Zones Act.

2621.5. 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 the provisions of this chapter are 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 as defined by this board.

This chapter is applicable to any project, as defined in Section 2621.6, upon issuance of the official special studies zones maps to affected local jurisdictions, but does not apply to any development or structure in existence prior to May 4, 1975. The implementation of this chapter shall be pursuant to policies and criteria established and adopted by the State Mining and Geology Board.

2621.6. (a) As used in this chapter, "project" means:

(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:

(A) Single-family wood frame dwellings to be built on parcels of land for which geologic reports have been approved pursuant to the provisions of paragraph (1) of this subdivision.

(B) A single-family wood frame dwelling not exceeding two stories when such dwelling is not part of a development of four or more dwellings.

(b) For the purposes of this chapter, a mobile home, 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 the conversion of an existing apartment complex into a condominium. This chapter shall apply to projects which are located within a delineated special studies zone.

2621.8. This chapter shall not apply to alterations or additions to any structure within a special studies zone the value of which does not exceed 50 percent of the value of the structure.

2621.9. (a) A person who is acting as an agent for a seller of real property which is located within a delineated special studies zone, 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 delineated special studies zone, provided the maps prepared pursuant to this chapter, or the information contained in the maps, are reasonably available.

(b) For the purposes of this section, in all transactions subject to Section 1102 of the Civil Code, disclosure shall be provided by one of the following means:

(1) The real estate transfer disclosure statement set out in Section 1102.6 of the Civil Code.

(2) The local option real estate transfer disclosure statement set out in subdivision (a) of Section 1102.6 of the Civil Code.

(3) The real estate contract and receipt for deposit.

(c) For the purposes of this section:

(1) "Reasonably available" means that for any county that includes areas covered by a delineated special studies map, a notice has been posted at the offices of the county recorder, county assessor, and county planning commission that identifies the location of the map and the effective date of the notice, which shall not exceed 10 days beyond the date the county received the map from the State Geologist.

(2) "Real estate contract and receipt for deposit" means the document containing the offer to sell or purchase real property, that when accepted becomes a binding contract, and that serves as an acknowledgment of a deposit if one is received.

(d) 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 1102.11 of the Civil Code.

(2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code.

(e) For purpose of this section, Section 1102.13 of the Civil Code shall apply.

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 special studies 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 he deems sufficiently active and well-defined as to constitute a potential hazard to structures from surface faulting or fault creep. Such special studies 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 special studies zones and shall submit such 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 such comments to the State Mining and Geology Board for review and consideration within 90 days. Within 90 days of such 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 Iying within any such zone.

(c) The State Geologist shall continually review new geologic and seismic data and shall revise the special studies zones or delineate additional special studies 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 such comments to the State Mining and Geology Board for review and consideration within 90 days. Within 90 days of such 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 Iying within any such 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. 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 such 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 this kind exists, the geologic report on such hazard may be waived, with approval of the State Geologist.

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.

2624. Nothing in this chapter is intended to prevent cities and counties from establishing policies and criteria which are stricter than those established by this chapter or by the State Mining and Geology Board, nor from imposing and collecting fees in addition to those required 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.

SIGNED INTO LAW DECEMBER 22,1972; AMENDED SEPTEMBER 26, 1974, MAY 4, 1975, SEPTEMBER 28, 1975,

SEPTEMBER 22, 1976, SEPTEMBER 27, 1979, SEPTEMBER 21, 1990, AND JULY 29, 1991.