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Seismic
Hazard Zone
SEISMIC HAZARD ZONE
A Brief Explanation
California law requires the seller (if acting without an agent) or
the seller's agent to disclose to a prospective transferee of real
property if the property is located within a seismic
hazard zone (an "SH Zone") provided official
maps prepared by the California State Geologist, or the information
contained in the maps, is reasonably available". Disclosure
must be made if:
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a seller (if acting without an
agent) or the seller's agent has "actual knowledge" that
the property is located within an SH Zone, OR
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the maps or the information
contained in the maps are deemed "reasonably available" if
a map prepared by the California State Geologist pursuant
to Public Resources Code Section 2696 that includes the property
has been provided to the city or county, 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, the effective date of the notice and
any information regarding changes to the map received by the
county.
Public Resources Code Section 2690 et seq., which is commonly known
as the Seismic Hazards Mapping Act (hereinafter referred to as the "SHM
Act"), requires the State Geologist to map areas
subject to seismic hazards such as strong ground shaking, liquefaction,
landslides, or other ground failure or other seismic hazards caused
by earthquakes so that cities and counties may implement steps to
adequately address public health and safety concerns. The location
and severity of seismic hazards resulting from earthquakes are based
on technical evidence which may be subject to debate among specialists.
However, the following should be noted:
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Local governmental entities
may require that geotechnical reports be prepared by
licensed and qualified engineering or geological specialists
prior to approving additional or new construction or development
on property located within an SH Zone. Based on the findings
of such a report, specific mitigation measures and building
requirements may be imposed. In certain cases, additional
or new construction and development on a property located
within an SH Zone may be restricted.
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The provisions of the SHM Act do
not prevent cities and counties from establishing policies
and criteria which are stricter than those established by
the State of California.
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Not all properties located within
an SH Zone are prone to seismic hazards and the fact that a
property is not located in an SH Zone does not
necessarily mean that the property is free from seismic hazards
resulting from earthquakes or that geologic or seismic activity
will not occur on or affect the property in the future.
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An earthquake capable of causing
liquefaction or triggering a landslide may not uniformly affect
all areas within an SH Zone.
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Although property within an SH
Zone should not be automatically excluded from development, an
SH Zone is an area where the potential for damage from seismic
hazards is great enough to make it prudent to conduct geologic
investigations to identify and mitigate hazards prior to development.
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Information on
the Seismic Hazard Zone maps is not a sufficient substitute
for geologic and geotechnical site investigations under the
SHM Act.
For more information, please contact
the California Department of Conservation, Division of Mines and
Geology at their Sacramento, San Francisco or Los Angeles offices,
or visit their internet site at http://www.consrv.ca.gov/dmg/index.html. Seismic
Hazard Zones and maps may also be vied at public works, planning,
or building departments of the local governmental entity.
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