The purposes of this chapter is to:

A.

To prevent increases in the potential for loss of life, injury and property damage caused by geologic hazards in Morgan Hill;

B.

To specify geologic maps which will serve as a consistent basis for evaluating development applications;

C.

To control land development in the city in a manner that avoids or mitigates the potential effects of known geologic hazards;

D.

To help guide the city in making decisions regarding maintenance and repair of existing city facilities and in making decisions regarding the siting of future facilities;

E.

To protect the city from liability of failure to consider available geologic information in making development decisions; and

F.

To comply with the requirements of the California Seismic Hazards Mapping Act (Public Resources Code Section 2690 et seq.) in a manner that considers the State's Special Publication 117A: "Guidelines for Evaluating and Mitigating Seismic Hazards in California," and with consideration of the "Recommended Procedures for Implementation of DMG Special Publication 117 Guidelines for Analyzing and Mitigating Landslide Hazards in California" (published by the Southern California Earthquake Center) as applicable.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Terms Defined. Terms used in this chapter are defined as follows:

1.

"Acceptable level of risk" is that level of risk that provides reasonable protection of the public safety, though it does not necessarily ensure continued structural integrity and functionality of the project.

2.

"City geologic hazards map" is the geologic map (1991) and ground movement potential map (1991) prepared at a scale of one inch equals two hundred feet by Pacific Geotechnical Engineering, subject to modification provided for in Section 18.7045.030.

3.

"City geologic hazard zones" are areas identified on the city geologic hazard map in the following ground movement potential categories: "Suf" (only if a sensitive use), "Sun (only if a sensitive use)", "Sls (only if a sensitive use)", "Slq", "Sgw", "Puf", "Ps", "Pdf", "Prf", "Pd", "Paf", "Ms" or "Md".

4.

"Director" is the community development director.

5.

"Discretionary approval" is any approval granted pursuant to Title 17 or Title 18 of the Morgan Hill Municipal Code.

6.

"Geologic report" is either or both of the following, as required and deemed appropriate for the site and proposed project by the director:

a.

An "engineering geologic report", which means that document prepared and signed by an engineering geologist; and/or

b.

A "geotechnical engineering report", which means that document prepared and signed by a registered geotechnical engineer.

7.

"Off-site" is any seismic or geologic hazards not located within the project site which is identified in a geologic investigation or geotechnical report that could adversely affect the project site or be affected by the project.

8.

"Project," as used in this chapter, means:

a.

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; and

b.

Structures for human occupancy.

c.

"Project" does not include repairs, alterations or additions to any structure within a seismic hazard zone, which do not exceed either fifty percent of the value of the structure or fifty percent of the existing floor area of the structure.

9.

"Qualified geologist" is either or both of the following, as specified and deemed appropriate for the site and proposed project by the director:

a.

A certified engineering geologist pursuant to the California Geologist and Geophysicist Act (Business and Professions Code section 7800, et seq.);

b.

A registered professional engineer certified as a geotechnical engineer pursuant to the California Professional Engineers Act (Business and Professions Code sections 6700—6799).

10.

"Seismic hazard zone" means those areas that are within either one or both of the state seismic hazard zone and/or the city geologic hazard zone.

11.

"Sensitive use" means:

a.

Large dams;

b.

Manufacturing, storage or handling of hazardous materials;

c.

Facilities critically needed for services after a disaster: hospitals, ambulance services, fire stations, police stations, telephone exchanges, radio and TV stations, emergency operation centers;

d.

Facilities whose continuing function is critical: power plants, power intertie, sewage treatment plants, water plants;

e.

Small dams whose failure would expose downstream population to injury;

f.

Critical transportation links: regional highways, bridges, rail lines, overpasses, tunnels;

g.

Major local utility lines and facilities, including power substations, gas and water mains;

h.

Facilities highly desirable for shelter after a disaster: civic buildings;

i.

Any building three or more stories in height;

j.

Public and private schools and child care;

k.

Public assembly places with capacity of fifty persons or more;

l.

Gas stations;

m.

Health care clinics, convalescent homes;

n.

Hotels and motels;

o.

Churches;

p.

Public assembly places with capacity for fifty to two hundred ninety-nine persons; and

q.

Industrial uses or facilities.

12.

"State seismic hazard zones" are areas identified as prone to earthquake-induced landsliding or liquefaction on maps compiled by the California State Geologist, pursuant to the Seismic Hazard Mapping Act (Public Resources Code Section 2690 et seq.) and the policies and criteria of the State Mining and Geology Board and any succeeding statute or regulation.

B.

Terms Not Defined. Words and phrases not defined in this section shall be interpreted so as to give this chapter its most reasonable meaning and application.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Further study may indicate the need to modify the city geologic maps (geologic map and ground movement potential map) by adjusting the boundaries between map units or changing the designation of map units. Modifications can be made as follows:

A.

Applicant Initiation. An applicant, property owner, or authorized representative of a property owner may initiate proceedings to modify the geologic maps.

1.

A person applying for a modification of the geologic maps shall document the reasons for modification with a map at a scale of one inch equals two hundred feet or larger and a report prepared by a certified engineering geologist.

2.

The engineering geologist employed or retained by the city shall review all such applications and prepare a written report to the community development director containing his or her findings and recommendations. The modification may be approved by the community development director if the director finds:

a.

That new information has been provided which demonstrates that the existing boundary or unit designation is inaccurate; and

b.

That the proposed change will correct and update the maps.

3.

Decisions by the director may be appealed by the applicant in the manner specified in Chapter 18.112 (Appeals).

B.

Modification to the maps may be initiated by the city council, in which case the city council shall request a recommendation by the community development director, the engineering geologist employed or retained by the city, and the planning commission.

1.

The city council shall hold a noticed public hearing on the proposed modification.

2.

Following the public hearing, the city council may modify the maps, only if the council finds:

a.

That new information has been provided which demonstrates that the existing boundary or unit designation is inaccurate; and

b.

That the proposed change will correct and update the maps.

3.

If land has been stabilized through engineering solutions, the engineering geologist employed or retained by the city may recommend to the director that such stabilization be annotated on the geologic maps to reflect the increase in relative stability and that development be allowed to occur consistent with the engineering solution. Upon concurrence by the community development director, the maps may be annotated as directed.

4.

Changes to the maps shall be posted within thirty days of approval of a map modification. Each change will be identified on the map by date, file number or other means of identification determined appropriate by the community development director.

5.

Maintenance of Maps and Records. The development services department shall be responsible for maintaining the geologic map and ground movement potential map and records of actions modifying the maps. Up-to-date maps and copies of geotechnical and engineering geology reports will be kept in the development services department.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

No discretionary approval for development, grading permit or building permit shall be issued for any project located in the G overlay zone unless the director has first approved an application for geologic clearance pursuant to this chapter.

A.

Geologic Clearance Application.

1.

The applicant may simultaneously file an application for geologic clearance and for any discretionary approval for development, grading permit or building permit.

2.

An application for geologic clearance pursuant to this section shall be submitted to the director on the form provided by the city.

3.

All application fees shall be paid at the time an application is filed, in the amount set forth in the schedule of fees adopted by resolution of the city council. The director may require the applicant to enter into an agreement with the city for geologic review services by a qualified geologist employed or retained by the city, in an amount as determined needed to pay for the full costs of the review associated with the application for geologic clearance.

B.

Conditions of Geologic Clearance. The director, or any appellate body, may impose conditions on the geologic clearance. Such conditions may include, but are not limited to:

1.

Mitigation measures recommended in the geotechnical report;

2.

Slope stabilization;

3.

Surface and subsurface drainage control;

4.

Off-site improvements to mitigate a geologic hazard which potentially affects either the site proposed for development or applicable off-site areas;

5.

Use restrictions to avoid or mitigate hazardous geologic conditions;

6.

Implementation of an approved erosion control plan; and

7.

Adequate guarantees that all private improvements located within a seismic hazard zone will be properly maintained.

C.

Acknowledgment of Hazards. Upon the approval of an application for geologic clearance and where the geologic report proposes mitigation of hazards to an acceptable level of risk, the city may require, as a condition of issuance of the building permit or of a development agreement that all property owners of property within the proposed project sign a statement acknowledging the specific geologic hazards reported in the geologic report and accept the associated risks and responsibilities. The city may require recordation of the acknowledgment as a deed restriction recorded on title to the property. The acknowledgment statement shall contain the following:

1.

The names and signatures of property owner, including holders of security interests.

2.

The street address and assessor's parcel number of the subject property.

3.

A map depicting the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

4.

A legal description of the subject property signed and stamped by a licensed land surveyor or a registered engineer licensed to practice land surveying.

5.

The title, date and authors of all geologic reports prepared or relied on for the proposed land use.

6.

The following statement: "The undersigned owners hereby acknowledge the geologic conditions identified in the referenced reports, agree to mitigate the hazards to the extent feasible, accept all risks associated with geologic hazards including any unidentified hazards, and agree to indemnify, defend, and hold harmless the city of Morgan Hill and its officers, agents and employees from any claim, liability, loss, injury or damage arising out of, or in connection with, any development activity or geologic hazards related to this property. This acknowledgment runs with the land and is binding on the undersigned and all of their successors, heirs and assigns."

D.

Revocation and Suspension. A geologic clearance may be revoked or suspended whenever the director determines that any of the following circumstances has occurred:

1.

The geologic clearance was granted in error, was granted on the basis of incorrect or misinterpreted information, or was granted in violation of any law, ordinance or regulatory provision.

2.

The review upon which the geologic clearance was granted was incomplete and further geologic information or analysis is necessary.

3.

The findings made pursuant to Section 18.7045.100 are incorrect.

4.

There is sufficient uncertainty about any geologic hazard, either on or off-site, which makes it reasonable to require further geologic evaluation.

5.

Scientific or technological advancement, a change in geologic conditions, or previously unknown facts or geologic analysis make it reasonable to require further geologic evaluation.

6.

The development proposal upon which the geologic clearance is based is modified and the geologic evaluation does not address the project as modified.

E.

Notice. Notification of the denial of the geologic clearance, the issuance of such geologic clearance with conditions, or the revocation or suspension of such geologic clearance, shall be mailed to applicant, postage prepaid, at the address given for purposes of such notice on the application.

F.

Appeal. The applicant may appeal the denial, revocation or suspension of the geologic clearance or any condition imposed on the geologic clearance pursuant to the applicable appellate provisions set forth in Chapter 18.64112 (Appeals) of this code.

G.

Issuance of Geologic Clearance. No geologic clearance shall be issued unless the director, based on an independent review of a geologic report, finds that the nature and severity of the seismic and geologic hazards at the project site have been adequately evaluated in a geologic report and appropriate mitigation measures have been proposed. For the purpose of the review, the director shall consult with a qualified geologist employed or retained by the city, who will advise whether the site-specific investigation is sufficiently thorough, the findings regarding identified hazards are valid, and the proposed mitigation measures achieve an acceptable level of risk. The issuance of a geologic clearance shall not be construed as a determination that the project site is free from any geologic hazard. Such clearance shall mean only that based on the information provided, it is the judgment of the director or the city that any geologic hazard or risk will be mitigated to an acceptable level of risk as defined in this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Geologic and Seismic Hazards Investigation Report. The geologic report shall be prepared by a qualified geologist, as specified and deemed appropriate to the site and proposed project by the director. The geologic report shall contain:

1.

Project description.

2.

Site-specific evaluations of the seismic and geologic hazards affecting the project. The evaluation shall identify the portions of the project site containing seismic and geologic hazards and describe the geologic and geotechnical conditions at the project site, including an appropriate site location map showing the locations of such hazards.

3.

Identification of any known off-site seismic or geologic hazards.

4.

Recommendation for appropriate mitigation measures that will reduce geologic or seismic risk to acceptable levels of risk.

5.

Name of report preparer(s), and signature(s) of the qualified geologist; and the author or author's license number(s) and expiration date(s).

6.

A geologic report prepared pursuant to this chapter may be in combination with or as part of the geologic report prepared pursuant to the procedures established under Section 18.30.060 (Active Fault Surface Rupture Overlay Zone).

B.

Geologic Investigation. Any geologic exploration or investigation for the purpose of completing a geologic report shall comply with the following:

1.

An investigation study plan containing proposed scope of the investigation and mitigation for any dust, erosion, habitat or other impacts resulting from any exaction or boring activities shall be submitted to the director for approval before commencement of the investigation.

2.

The investigative study shall include, at a minimum, a slope stability analysis and subsurface and/or reconnaissance level investigation, to:

a.

Establish the boundaries, depth and characteristics of each landslide within the study area(s) which could affect or be potentially affected by the development; and

b.

Assess the static and seismic stability of landslides identified in the subarea which could affect or be potentially affected by the development including, but not limited to landslides identified in Subsection B.1., above; and

c.

Identify current geologic conditions and potential future groundwater conditions which could affect or be potentially affected by the development; and

d.

Evaluate the potential for future earth movement which could affect or be potentially affected by the development and its possible effect on public and private property; and

e.

Identify and recommend adequate mitigation of any geologic hazard within the study area(s) which could affect or be potentially affected by the development.

3.

The subsurface exploration, as applicable, and slope stability analysis shall include but not limited to all of the following items as specified and deemed appropriate for the site and proposed project by the director:

a.

Deep, continuously sampled or cored borings drilled to a depth sufficient to penetrate all potential critical landslide rupture surfaces; and

b.

Large diameter borings; and

c.

Installation and monitoring of piezometers or groundwater monitoring wells to evaluate groundwater conditions; and

d.

Exploratory trenching to evaluate the surface, geologic structure, fault/shear zones, and toe(s) of identified landslide(s); and

e.

Geophysical logging of boreholes; and

f.

Laboratory shear strength testing.

4.

A long-term study shall be conducted, unless the investigative study demonstrates, to the satisfaction of the director, that:

a.

No deep-seated active or potentially unstable landslide exists which could affect or potentially be affected by the proposed development such that more than an acceptable level would be created; or

b.

The proposed development site and any new, expanded or upgraded infrastructure serving the development will not be endangered by deep-seated active or potentially unstable landsliding such more than an acceptable level of risk would be created and will not increase the danger that any other property or public improvements will be impacted by potentially unstable landsliding, such that more than an acceptable level of risk would be created; or

c.

Implementation of recommendations presented in the report of the investigative study will mitigate to an acceptable level of risk any identified risks associated with a deep-seated active or potentially unstable landslide which could affect or be potentially affected by the development or any new, expanded or upgraded infrastructure.

C.

Long-term Study. If required by the director pursuant to Section 18.4705.110, the applicant shall submit a long-term study plan for approval by the director and shall conduct such study in preparation of the geologic report.

1.

The purpose of the long-term study is to better characterize deep-seated active or potentially unstable landslides, which could affect or potentially be affected by the proposed development, determine the depths, direction and area of movement, define the limits of sliding, determine the rate of movement over time, help determine the mechanism of movement, and verify that implemented mitigation measures have been effective in providing for an acceptable level of risk. The long term study shall include, at a minimum, continuous monitoring and analysis to address slope stability under both static and seismic conditions.

2.

The qualified geologist employed or retained by the city shall review the completed report of the long-term study in order to advise the director and city in determining whether or not the study has identified adequate mitigations of risks to acceptable levels of risk for large, deep-seated, active or potentially unstable landslides within the subregional study area(s) which could affect or potentially be affected by the proposed development.

3.

The director shall provide the applicant with a notice following any determination regarding the requirement of a long-term study or the adequacy of the mitigations identified in the long-term study.

a.

The notice shall be provided as set forth in Section 18.7045.070.

b.

The director's determination shall become final at the close of business on the tenth business day after the notice was mailed.

4.

Before a determination becomes final as provided in Subsection C above, the applicant may appeal the director's final determination under this section pursuant to the applicable appellate provisions set forth in Chapter 18.64 of this code.

D.

Consultant Services. If an applicant has agreed in writing to bear the full cost of the consultant services, the director may select and retain an independent qualified geologist as consultant(s) to the city to provide additional information and analysis to be considered by the director or an appellate body in the application review or appeal process.

1.

The applicant shall, pursuant to a written agreement, deposit with city a sum of money, adequate to fully cover the cost of the consultant(s) services prior to the consultant(s) review of the application or record on appeal and any fees related thereto.

2.

Nothing prepared or recommended by the consultant(s) shall limit the discretion of the director, or any appellate body on appeal, in considering all information available to it in making the findings set forth in this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

For a specific project, the director may waive the requirements for a geologic report under Section 18.7045.090 if he or she finds and determines that the geologic or geotechnical conditions at the project site are such that public safety is adequately protected and no mitigation is required. This finding shall be based on the recommendation and advice of a qualified geologist employed or retained by the city, or based on a report prepared by a qualified geologist presenting evaluation of sites in the immediate vicinity having similar geologic and geotechnical characteristics which shall be reviewed in the same manner as a review of a geologic report set forth in Section 18.7045.090. The director shall set forth such determination in writing, citing the reasons for a waiver. For any waiver of the requirement for a geologic report granted for a project located in an area identified as state seismic hazard zones, the Director shall also require a report prepared by a qualified geologist, and provide a written commentary that addresses the report conclusions and justifications for applying the conclusions contained in the report to the project site. The director shall record such waiver with the county recorder and file a separate copy, together with the report and commentary, with the state geologist within thirty days of the waiver.

B.

Notwithstanding subsection A above, if a project consists of single-family wood-frame or steel-frame dwelling(s) not exceeding two stories when that dwelling is not part of a development of four or more dwellings, then the director may waive the requirement for a geologic report under Section 18.7045.090 if, based on the advice and recommendation of a qualified geologist employed or retained by the city, he or she determines that no geologic hazard(s) exists. The director shall set forth such determination in writing, citing the reasons for a waiver.

C.

The director may also waive any or all requirements under Sections 18.7045.110 and 18.7045.120 for any project that is not a sensitive use if he or she determines, with consultation with a qualified geologist employed or retained by the city, that such requirement(s) are not necessary to make the finding or determination under Section 18.7045.090.

D.

The director may condition any waiver granted pursuant to this chapter with the following:

1.

The existing public storm drainage system has sufficient capacity, as determined by the city engineer, to convey present and future storm water runoff.

2.

The construction has been designed in a manner which, at a minimum:

a.

Prevents any additional storm water runoff or drainage on site; and

b.

Provides for the drainage of any storm water runoff or drainage from the structure, driveway or other paved surfaces directly into the public storm drainage system.

3.

A grading plan in accordance with the grading ordinance has been approved by the director, which provides, at a minimum:

a.

Balanced grading, unless the applicant has demonstrated, to the satisfaction of the director, that an imbalance would promote increased soil or slope stability;

b.

Retaining walls which are not a part of the structure and which do not exceed four feet in height;

c.

Soil cuts and fills, other than necessary for the foundation of the structure, which do not exceed five feet in depth, measured from the existing ground surface to the proposed ground surface;

d.

A subdrainage system satisfactory to the director; and

e.

Erosion control measures deemed by the director to be appropriate for all graded areas and the time of year in which the grading is anticipated to occur; and

f.

The minimum amount of grading necessary to establish the reasonable use.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

A.

Prior to permit issuance, the owner shall submit to the city a plan review letter from a qualified geologist, which confirms that the plans conform with the recommendations presented in the approved geologic report.

B.

Prior to or at the time of final inspection, the owner shall provide the director a construction observation letter and certification, signed by a qualified geologist attesting that:

1.

All completed work and construction complies with the plans and specifications of the project, which have incorporated the mitigation measures in conformance with the geologic evaluation and the geologic clearance.

2.

Any additional geologic hazard not previously identified, which was encountered during construction, was immediately reported by the applicant or their agent to the director.

C.

The owner of any real property shall take reasonable actions as are necessary to prevent any natural or artificial geologic condition on such real property from threatening the safety of persons or other property.

D.

Whenever the director determines that any natural or artificial condition on a property may potentially endanger the safety of persons or other properties the director may issue a notice of hazardous condition and require that reasonable actions be taken to mitigate the geologic hazard to an acceptable level within the time specified in the notice.

E.

Failure to fully comply with any condition of the geologic clearance, violation of any provision of this chapter or maintenance of any property within any seismic hazard zone in such a manner that a natural or artificial geologic condition on such real property which could be reasonably corrected or made less dangerous, is allowed to threaten the public health, safety or welfare, shall be deemed a violation of this chapter.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

In addition to the regulations set forth in this chapter, the development services department, with the consent of the city council, may adopt such standards or regulations as are necessary to protect the public from geologic and seismic hazards. These standards or regulations may be more stringent than, but shall not be in conflict with, the provisions of any policies and criteria adopted by the state mining and geology board pursuant to Section 2690 et seq. of the Public Resources Code of the state, except where more stringent standards or regulations have been adopted, the policies and criteria adopted from time to time by the state mining and geology board shall apply within the city.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)

Nothing in this chapter shall be construed to relieve any person of requirements imposed by other sections of this code or by state law, except that the provisions of this chapter shall take precedence over any less stringent provision of this code with which it is in conflict. Specifically, nothing in this chapter shall be construed to relieve any person of requirements imposed under the California Environmental Quality Act and Chapters 15.0815.54 or 18.74108.040 (Design Permits) of the Morgan Hill Municipal Code.

(Ord. No. 2277 N.S., § 5(Exh. A), 6-6-2018)