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 the 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 which 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 a 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. (Added by Stats. 1975, Ch. 61. Effective May 4, 1975; Amended by Stats. 1993, Ch. 916.)

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. (Added by Stats. 1975, Ch. 61. Effective May 4, 1975; Amended by Stats. 1992, Ch. 506. Effective August 17,
1992; Repealed and added by Stats. 1993, Ch. 916.)

2621.9. (a) A person who is acting as an agent for a seller of real property which is located within a delineated earthquake fault 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 earthquake fault zone, if 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 that are 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 earthquake fault zone 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 purposes of this section, Section 1102.13 of the Civil Code shall apply. (Added by Stats. 1975, Ch. 61. Effective May 4, 1975; Amended by Stats. 1990, Ch. 1168; Amended by Stats. 1991, Ch. 250; Amended by Stats. 1992, Ch. 506. Effective August 17, 1992; Amended by Stats. 1993, Ch. 197.)

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 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 submi 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. (Added by Stats. 1972, Ch. 1354; Amended by Stats. 1975, Ch. 61. Effective May 4, 1975; Amended by Stats. 1990, Ch. 1168; Amended by Stats. 1993, Ch. 197.)

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 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 a 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. (Added by Stats. 1972, Ch. 1354; Amended by Stats. 1974, Ch. 1341; Amended by Stats. 1975, Ch. 61. Effective May 4, 1975; Amended by Stats. 1993, Ch. 916.)

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. (Added by Stats. 1972, Ch. 1354; Amended by Stats. 1975, Ch. 61. Effective May 4,1975; Amended by Stats. 1993, Ch. 916.)

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. (Added by Stats. 1972, Ch. 1354; Amended by Stats. 1974, Ch. 1341; Amended by Stats. 1975, Ch. 61. Effective May 4, 1975.)

2630. In carrying out the provisions of this chapter, the State Geologist and the board shall be advised by the Seismic Safety Commission. (Added by Stats. 1975, Ch. 1131; Amended by Stats. 1976, Ch. 1243.)

Chapter 7.8. Seismic Hazards Mapping (Excerpts from the Public Resources Code)
2690. This chapter shall be known and may be cited as the Seismic Hazards Mapping Act. (Added by Stats. 1990, Ch. 1168.)

2691. The Legislature finds and declares all of the following: (a) The effects of strong ground shaking, liquefaction, landslides, or other ground failure account for approximately 95 percent of economic losses caused by an earthquake. (b) Areas subject to these processes during an earthquake have not been identified or mapped statewide, despite the fact that scientific techniques are available to do so. (c) It is necessary to identify and map seismic hazard zones in order for cities and counties to adequately prepare the safety element of their general plans and to encourage land use management policies and regulations to reduce and mitigate those hazards to protect public health and safety. (Added by Stats. 1990, Ch. 1168; Amended by Stats. 1991, Ch. 550.)

2692. (a) It is the intent of the Legislature to provide for a statewide seismic hazard mapping and technical advisory program to assist cities and counties in fulfilling their responsibilities for protecting the public health and safety from the effects of strong ground shaking, liquefaction, landslides, or other ground failure and other seismic hazards caused by earthquakes. (b) It is further the intent of the Legislature that maps and accompanying information provided pursuant to this chapter be made available to local governments for planning and development purposes. (c) It is further the intent of the Legislature that the Division of Mines and Geology, in implementing this chapter, shall, to the extent possible, coordinate its activities with, and use existing information generated from, the earthquake fault zones mapping program pursuant to Chapter 7.5 (commencing with Section 2621), the landslide hazard identification program pursuant to Chapter 7.7 (commencing with Section 2670), and the inundation maps prepared pursuant to Section 8589.5 of the Government Code. (Added by Stats. 1990, Ch. 1168; Amended by Stats. 1991, Ch. 550; Amended by Stats. 1993, Ch. 916.)

2692.1. The State Geologist may include in maps compiled pursuant to this chapter information on the potential effects of tsunami and seiche when information becomes available from other sources and the State Geologist determines the information is appropriate for use by local government. The State Geologist shall not be required to provide this information unless additional funding is provided both to make the determination and to distribute the tsunami and seiche information. (Added by Stats. 1991, Ch. 550.)

2693. As used in this chapter: (a) "City" and "county" includes the City and County of San Francisco. (b) "Geotechnical report" means a report prepared by a certified engineering geologist or a civil engineer practicing within the area of his or her competence, which identifies seismic hazards and recommends mitigation measures to reduce the risk of seismic hazard to acceptable levels. (c) "Mitigation" means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels. (d) "Project" has the same meaning as in Chapter 7.5 (commencing with Section 2621), except as follows: (1) A single-family dwelling otherwise qualifying as a project may be exempted by the city or county having jurisdiction of the project. (2) "Project" does not include alterations or additions to any structure within a seismic hazard zone which do not exceed either 50 percent of the value of the structure or 50 percent of the existing floor area of the structure. (e) "Commission" means the Seismic Safety Commission. (f) "Board" means the State Mining and Geology Board. (Added by Stats. 1990, Ch. 1168; Amended by Stats. 1991, Ch. 550.)

2694. (a) A person who is acting as an agent for a seller of real property which is located within a seismic hazard zone, as designated under this chapter, 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 seismic hazard zone, if 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 purposes of this section: (1) "Reasonably available" means that for any county that includes areas covered by seismic hazard maps, a notice is posted at the offices of the county recorder, county assessor, and county planning commission. The notice shall identify the location of the maps and effective date of the notice, which shall not be 10 days beyond the date the county received the maps from the State Geologist. The notice may also be posted at any other location determined by the county to be necessary to achieve adequate distribution. (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 purposes of this section, Section 1102.13 of the Civil Code applies. (Added by Stats. 1990, Ch. 1168; Amended by Stats. 1991, Ch. 250.)

2695. (a) On or before January 1, 1992, the board, in consultation with the director and the commission, shall develop all of the following: (1) Guidelines for the preparation of maps of seismic hazard zones in the state. (2) Priorities for mapping of seismic hazard zones. In setting priorities, the board shall take into account the following factors: (A) The population affected by the seismic hazard in the event of an earthquake. (B) The probability that the seismic hazard would threaten public health and safety in the event of an earthquake. (C) The willingness of lead agencies and other public agencies to share the cost of mapping within their jurisdiction. (D) The availability of existing information. (3) Policies and criteria regarding the responsibilities of cities, counties, and state agencies pursuant to this chapter. The policies and criteria shall address, but not be limited to, the following: (A) Criteria for approval of a project within a seismic hazard zone, including mitigation measures. (B) The contents of the geotechnical report. (C) Evaluation of the geotechnical report by the lead agency. (4) Guidelines for evaluating seismic hazards and recommending mitigation measures. (5) Any necessary procedures, including, but not limited to, processing of waivers pursuant to Section 2697, to facilitate the implementation of this chapter.(b) In developing the policies and criteria pursuant to subdivision (a), the board shall consult with and consider the recommendations of an advisory committee, appointed by the board in consultation with the commission, composed of the following members: (1) An engineering geologist registered in the state. (2) A seismologist. (3) A civil engineer registered in the state. (4) A structural engineer registered in the state. (5) A representative of city government, selected from a list submitted by the League of California Cities. (6) A representative of county government, selected from a list submitted by the County Supervisors Association of California. (7) A representative of regional government, selected from a list submitted by the Council of Governments. (8) A representative of the insurance industry. (9) The Insurance Commissioner. All of the members of the advisory committee shall have expertise in the field of seismic hazards or seismic safety. (c) At least 90 days prior to adopting measures pursuant to this section, the board shall transmit or cause to be transmitted a draft of those measures to affected cities, counties, and state agencies for review and comment. (Added by Stats. 1990, Ch. 1168; Amended by Stats. 1991, Ch. 104. Effective July 2, 1991. Amended by Stats. 1992, Ch. 999.)

2696. (a) The State Geologist shall compile maps identifying seismic hazard zones, consistent with the requirements of Section 2695. The maps shall be compiled in accordance with a time schedule developed by the director and based upon the provisions of Section 2695 and the level of funding available to implement this chapter. (b) The State Geologist shall, upon completion, submit seismic hazard maps compiled pursuant to subdivision (a) to the board and all affected cities, counties, and state agencies for review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days of board review, the State Geologist shall revise the maps, as appropriate, and shall provide copies of the official maps to each state agency, city, or county, including the county recorder, having jurisdiction over lands containing an area of seismic hazard. The county recorder shall record all information transmitted as part of the public record. (c) 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 office of the county recorder, county assessor, and county planning commission, identifying the location of the map and the effective date of the notice. (Added by Stats. 1990, Ch. 1168, Amended by Stats. 1992, Ch. 999.)

2697. (a) Cities and counties shall require, prior to the approval of a project located in a seismic hazard zone, a geotechnical report defining and delineating any seismic hazard. If the city or county finds that no undue hazard of this kind exists, based on information resulting from studies conducted on sites in the immediate vicinity of the project and of similar soil composition to the project site, the geotechnical report may be waived. After a report has been approved or a waiver granted, subsequent geotechnical reports shall not be required, provided that new geologist datum, or data, warranting further investigation is not recorded. Each city and county shall submit one copy of each approved geotechnical report, including the mitigation measures, if any, that are to be taken, to the State Geologist within 30 days of its approval of the report. (b) In meeting the requirements of this section, cities and counties shall consider the policies and criteria established pursuant to this chapter. If a project's approval is not in accordance with the policies and criteria, the city or county shall explain the reasons for the differences in writing to the State Geologist, within 30 days of the project's approval. (Added by Stats. 1990, Ch. 1168.)

2698. Nothing in this chapter is intended to prevent cities and counties from establishing policies and criteria which are more strict than those established by the board. (Added by Stats. 1990, Ch. 1168.)

2699. Each city and county, in preparing the safety element to its general plan pursuant to subdivision (g) of section 65302 of the Government Code, and in adopting or revising land use planning and permitting ordinances, shall take into account the information provided in available seismic hazard maps. (Added by Stats. 1990, Ch. 1168.)

2699.5. (a) There is hereby created the Seismic Hazards Identification Fund, as a special fund in the State Treasury. Notwithstanding Section 13340 of the Government Code, the moneys in the fund are continuously appropriated to the division for the purposes of this chapter. (b) Notwithstanding Section 5001 of the Insurance Code, one-half of 1 percent of the earthquake surcharge moneys received by the California Residential Earthquake Recovery Fund in any calendar year shall be transferred to the Seismic Hazards Identification Fund for the purposes of carrying out this chapter. This subdivision shall become operative only if Assembly Bill 3913 or Senate Bill 2902 of the 1989-90 Regular Session of the Legislature is enacted and takes effect. (Added by Stats. 1990, Ch. 1168; Amended by Stats. 1991, Ch. 104. Effective July 2, 1991.)

2699.6. This chapter shall become operative on April 1, 1991. (Added by Stats. 1990, Ch. 1168.)