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15.1 APPLICABILITY

The procedural requirements of this Chapter may be waived by the Director to permit development in an emergency. For purposes of this provision, “emergency” is defined as: “a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.” (Former Section CZ#A315-27(A))

15.2 PETITIONS FOR WAIVER OF PROCEDURES

15.2.1A petition for waiver of the procedural requirements for necessary emergency work shall be petitioned for by letter to the Department or, if time does not allow, by phone or in person. The following information shall, when feasible to do so, be provided with the petition: (Former Section CZ#A315-27(B)(1-3))

15.2.1.1The location, nature and cause of the emergency;

15.2.1.2The remedial, protective or preventive work required to deal with the emergency; and

15.2.1.3The circumstances during the emergency that appear to justify the waiver of procedural requirements, including the probable consequences of failing to take immediate corrective action.

15.3 PROCEEDINGS FOR WAIVER OF PROCEDURES

15.3.1The Department shall verify the existence and nature of the emergency and, insofar as time allows, the facts relied upon by the petitioner. (Former Section CZ#A315-27(C)(1))

15.3.2The Department shall provide public notice of the emergency work, with the extent and type of notice to be determined on the basis of the nature of the emergency. (Former Section CZ#A315-27(C)(2))

15.3.3Upon issuance of an emergency Coastal Development Permit, the Department shall inform the Coastal Commission, in writing, of the nature of the emergency and the work involved, and shall provide copies of this report to any person requesting a copy. (Former Section CZ#A315-27(C)(3))

15.4 CRITERIA FOR WAIVER OF PROCEDURES

The normal procedural requirements for obtaining a development permit or variance, as required by this Code, may be waived, and an emergency development permit or variance may be conditionally or unconditionally granted, only if the Director, or designee, makes all of the following findings: (Former Section CZ#A315-27(D); Amended by Ord. 2214, 6/6/00)

15.4.1An emergency exists that requires action more quickly than permitted by strict adherence to procedural requirements; (Former Section CZ#A315-27(D)(1))

15.4.2Public comment received on the emergency action proposed, if any, has been reviewed and considered; (Former Section CZ#A315-27(D)(2))

15.4.3The emergency action would be consistent with the policies of the adopted County General Plan and the regulations of this zoning ordinance. (Former Section CZ#A315- 27(D)(3))

15.4.4The proposed work can and will likely be completed within twenty (20) working days, unless otherwise specified by the Director; and (Former Section CZ#A315-27(D)(4); Amended by Ord. 2214, 6/6/00)

15.4.5For emergency development located within the Coastal Zone, the proposed work does not fall within the permit jurisdiction of the Coastal Commission pursuant to the Public Resources Code Section 30600.5. (Former Section CZ#A315-27(D)(5))

15.5 STANDARD PERMIT OR VARIANCE REQUIRED

Following the issuance of an emergency development permit or variance, application shall be made for the required development permit or variance in accordance with Section 312-5, Filing Applications for Permits and Variances, and other applicable provisions of this Code.