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Title: 21 - Coastal Zoning

Chapter: 50 - California Coastal Zone Entitlement Procedures--General Provisions

Section: 50 - Emergency permits

It is recognized that in some instances a person or public agency performing a public service may need to undertake work to protect life and public property, or to maintain public services before the provisions of Title 14 and 21 can be fully complied with. Where such persons or agencies are authorized to proceed without a permit pursuant to the general requirements of this chapter, they shall comply with the requirements of Titles 14 and 21 to the maximum extent feasible.

     A.  Applications in cases of emergencies shall be made to the county planner by letter if time allows, and by telephone or in person if time does not allow.

     B.  The information to be reported during the emergency, if it is possible to do so, or to be reported fully in any case after the emergency shall include the following:

         1.  The nature of the emergency

         2.  The cause of the emergency, insofar as this can be established

         3.  The location of the emergency

         4.  The remedial, protective, or preventive work required to deal with the emergency

         5.  The circumstances during the emergency that appeared to justify the course(s) of action taken, including the probable consequences of failing to take action.

     C.  The county planner shall verify the facts, including the existence and nature of the emergency, insofar as time allows.

     D.  1.  The county planner shall provide public notice of the proposed emergency action with the extent and type of notice determined on the basis of the nature of the emergency itself. Notice shall also be provided to the Executive Director of the California Coastal Commission.

         2.  The county planner may grant an emergency permit upon reasonable terms and conditions, including an expiration date, if he finds that:

             a.  An emergency exists and requires action more quickly than permitted by the procedures for ordinary permits

             b.  Public comment on the proposed emergency action has been reviewed if time allows

             c.  The work proposed would be consistent with the requirements of the General Plan Coastal Element.

         3.  The county planner shall report in writing to each meeting of the planning commission/harbor commission, or within thirty days of the action of any emergency permits applied for or issued since the last report, with a description of the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall have been mailed at the time that application summaries and staff recommendations are normally distributed to all persons who have requested such notification in writing.

All emergency permits issued after the mailing for the meeting shall be briefly described by the county planner at the meeting and the written report shall be distributed prior to the next succeeding meeting.

         4.  Within ten calendar days of request for an emergency permit the owner/applicant shall submit an application for any required local entitlement pursuant to Section 21-.50.020. Where findings are made that the action is not in conformity with the long-term policies of the General Plan Coastal Element, the application shall be denied and the emergency permit revoked. Such revocation shall specify the type of abatement action required, if any, and a time limit for compliance shall be specified.

 

(Ord. 83-03(part))