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Title: 19 - Fire Safe Regulations

Chapter: 04 - Administration

Section: 90 - Requests for Exceptions

(a)     An applicant may apply to the Community Development Director for an exception to the standards of Title 19 exclusively. An exception shall be an alternative to the specified standard requested by the applicant that may be necessary due to health, safety, environmental conditions, physical site limitations or other limiting conditions such as recorded historical sites, that provides mitigation of the problem. The application for an exception shall be accompanied by such information as the Community Development Department and CAL FIRE requires. Any request for an exception shall be made on a form prepared by the Community Development Department. At a minimum, the application shall contain the following information:
          (1) a description of the specific section(s) for which an exception is requested;
          (2) material facts supporting the contention of the applicant;
          (3) details of the exception or mitigation measures proposed; and
          (4) a map showing the proposed location and siting of the exception or mitigation measure(s).
(b)     The Community Development Director shall request the California Department of Forestry and Fire Protection (CAL FIRE) to review the exception request. CAL FIRE shall respond within thirty (30) days of the referral with documentation outlining the effects of the requested exception on wildland fire protection. If CAL FIRE does not respond within the time provided, the Community Development Director shall assume that CAL FIRE concurs with the Community Development Director’s decision. The Community Development Director shall not approve an exception request if the recommendation from CAL FIRE is for denial. (c)     The Community Development Director shall give written notice of his/her decision to the applicant. Notice shall also be given to CAL FIRE. (Ord. 2016-003)