BILL NUMBER: AB 2133 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Niello
FEBRUARY 18, 2010
An act to amend Section 2621.7 of the Public Resources Code,
relating to geologic hazards.
LEGISLATIVE COUNSEL'S DIGEST
AB 2133, as introduced, Niello. Geologic hazards: earthquake fault
zoning.
Under the Alquist-Priolo Earthquake Fault Zoning Act, prior to
approving a project within an earthquake fault zone, a city or county
is directed to require the preparation of a geologic report, subject
to certain exceptions. Existing law exempts from this requirement
certain projects for alterations that include seismic retrofitting if
a city or county, among other things, requires certain seismic
retrofitting and prohibits an increase in human occupancy load.
Existing law specifically exempts projects relating to structures
owned and operated by state entities and agencies listed on the
California Register of Historical Resources or the National Register
of Historic Places, including the California Memorial Stadium, if the
state agency or entity submits a plan of proposed alterations to the
State Geologist.
This bill would limit the exemption for historical structures to
any structure owned and operated by the University of California and
located on the Berkeley campus, including the California Memorial
Stadium. That exemption would not apply unless the building permit
authorizes no greater human occupancy load, regardless of proposed
use, than authorized on January 1, 2010, and unless the university
requires seismic retrofitting that is necessary to strengthen the
entire structure and provide increased resistance to ground shaking
from earthquakes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2621.7 of the Public Resources Code is amended
to read:
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 which include seismic retrofitting, as defined
in Section 8894.2 of the Government Code, to any of the following
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).
(D) Any structure owned and operated by a state entity or
agency the University of California and located on
the Berkeley campus that is listed on the California Register
of Historical Resources or the National Register of Historic Places,
including the California Memorial Stadium. This exemption shall not
apply unless the state entity or agency
university submits a plan of proposed alterations to the State
Geologist. The addition of this subparagraph does not modify, alter,
conflict with, or supersede the intent of applicability of any other
provisions of this chapter. This exemption applies to
alterations to a structure subject to this subparagraph, if both of
the following occur:
(i) The building permit for the structure authorizes no greater
human occupancy load, regardless of the proposed use, than that
authorized on January 1, 2010.
(ii) The university 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.
(2) The exemption granted by subparagraphs (A), (B), and (C) of
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.