Sec. 13-23. - Compliance with standards required—Exceptions to standards.

(a)

All development subject to the provisions of this article shall be constructed and maintained in compliance with the standards specified in this article. Approvals and permits for any development may be withheld or refused until adequate provision has been made to ensure such compliance.

(b)

Exceptions to the standards specified in this article and mitigated practices may be allowed where the exception or mitigated practice provides the same overall practical effect as the specified standards.

(c)

Application for an exception or mitigated practice shall be made in writing by an applicant for development or the applicant's authorized representative. The application shall state the specific section or sections of this article for which an exception or mitigated practice is proposed, material facts supporting the contention of the applicant, the details of the exception or mitigated practice proposed, and a map showing the proposed location and setting of the exception or mitigated practice. The burden of proving that a proposed exception or mitigated practice is warranted shall be on the applicant.

(d)

The county fire warden/fire marshal shall determine whether to grant, deny, or modify any application for an exception or mitigated practice filed in connection with the issuance of any building permit. The planning commission, zoning administrator, or design review committee shall determine whether to grant, deny, or modify any application for an exception or mitigated practice filed in connection with any development approval under their respective jurisdictions. Modification of an application for an exception or mitigated practice by the county fire warden/fire marshal, planning commission, zoning administrator, or design review committee shall be limited to the alternate fire protection measures specified in Section 13-62.

(e)

Where an application for an exception or mitigated practice is denied or modified, the applicant may appeal such denial or modification. Appeal from a denial or modification by the county fire warden/fire marshal shall be made pursuant to Article III of this chapter. Appeal from a denial or modification by the planning commission, zoning administrator, or design review committee shall be made pursuant to Chapter 25 or Chapter 26 of this code, as appropriate. In order to grant an appeal, the body hearing the appeal must find that the exception or mitigated practice proposed meets the intent of this article.

(f)

A written copy of any decision granting an appeal within a state responsibility area shall be provided to the director of forestry and fire protection within ten (10) days after the decision is final.

(Ord. No. 6523, § V, 6-3-2025; Ord. No. 6318, § I, 8-11-2020)

State Law reference— California Code of Regulations, Title 14 Natural Resources Code, Division 1.5, Chapter 7, Subchapter 2, Article 1-5, SRA Fire Safe Regulations, 1270.06.