Chapter 17.64 — EMERGENCY PERMITS

The purpose of this chapter is to establish procedures for the issuance of Emergency Permits where the circumstances of an emergency do not allow sufficient time for the permit process otherwise applicable to the work needed to address an emergency. (Ord. 20-03 § 6)

When emergency action by a person or public agency is warranted, the requirements of obtaining a Zoning Permit otherwise required by this Title may be temporarily deferred by the Director, and the Director may grant an Emergency Permit prior to a Zoning Permit or other required Discretionary Review.

(Ord. 20-03 § 6)

• A. Application Submittal. An application for an Emergency Permit must be submitted during regular business hours to the Director in person, if time allows, or by facsimile, electronic mail, or telephone if time does not allow. The application must contain the following information, which is to be reported at the time of the emergency or within three days after the emergency:

  1. Nature of the emergency;

  2. Cause of the emergency insofar as it can be established;

  3. Location of the emergency;

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

  5. The circumstances during the emergency that justify the action proposed to be taken, including the probable consequences of failing to take action;

  6. The identities of other public agencies alerted to the emergency;

  7. The access routes to the emergency site(s);

  8. The identities of, and means of contact with, the individual(s) directing the emergency action;

  9. Disclosure of whether or not the applicant has made any prior or concurrent request to the California Coastal Commission for an emergency waiver of permit requirements pursuant to Public Resources Code Section 30611 ; and

  10. Any other reasonable information which the Director deems necessary to evaluate the application.

• B. Verification of Emergency. The Director must verify the facts, including the existence and the nature of the emergency, insofar as time allows, prior to granting the Emergency Permit.

• C. Noticing. A public notice of the emergency work shall be mailed to property owners and tenants within 500 feet of the subject property and such notice shall be posted in three locations on the project site. Notice is not required to precede commencement of emergency work.

• D. Required Findings. The Director may grant an Emergency Permit upon reasonable terms and conditions, which must include an expiration date and the necessity for a regular permit application later, if the Director makes the following findings:

  1. An emergency exists that requires action more quickly than permitted by the procedures for a regular permit application and the work can and will be completed within 30 days, unless otherwise specified by the terms of the permit.

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

  3. The work proposed would be consistent with the requirements of the General Plan and this Title.

• E. No Entitlement Granted. The issuance of an Emergency Permit shall not constitute an entitlement to the erection of permanent structures.

• F. Expiration of Emergency Permit. An application for the required Zoning Permit and any discretionary review required by this Title shall be made no later than 30 days following the granting of an Emergency Permit. Any materials required for a completed application shall be submitted within 90 days after the issuance of the Emergency Permit, unless this time period is extended by the Director.

Expiration of Emergency Permit. An application for the required Zoning Permit and any discretionary review required by this Title shall be made no later than 30 days following the granting of an Emergency Permit. Any materials required for a completed application shall be submitted within 90 days after the issuance of the Emergency Permit, unless this time period is extended by the Director.

• G. Reporting Requirements of the Director. The report of the Director shall be informational only; the decision to issue an Emergency Permit is solely at the discretion of the Director, pursuant to this chapter. The Director must report on an Emergency Permit as follows:

  1. Inland Area. The Director shall report, in writing, to the City Council at its first scheduled meeting after the Emergency Permit has been issued, the nature of the emergency and the work involved. Copies of this report shall be available at the meeting and shall be mailed to all persons who have requested such notification in writing.

  2. Coastal Zone. In additional to the reporting requirements for the Inland Area, the Director shall also report to the California Coastal Commission, in writing, the nature of the emergency and the work involved.

• (Ord. 20-03 § 6)