§ 23.03.045. Emergency Permits.

The purpose of this section is to establish procedures for the issuance of emergency permits in situations that constitute an emergency as defined by this section. Emergency permits may be granted by the Planning Director as provided by this section, in accordance with Section 30624 of the Coastal Act and Sections 13329 of Title 14 of the California Code of Regulations.

a.

Emergency defined. For the purposes of this section, an emergency is a sudden, unexpected occurrence demanding immediate action to prevent or mitigate loss or damage to life, health, property or essential public services.

b.

Permit procedure. In cases of such emergency, the Planning Director may issue an emergency permit in accordance with the following provisions:

(1)

Applications in cases of emergencies shall be made to the Planning Director in writing if time allows, or by telephone or in person if time does not allow.

(2)

The information to be reported during the emergency, if it is possible to do so, or as soon as possible after the emergency shall include the following:

(i)

The nature of the emergency;

(ii)

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

(iii)

The location of the emergency;

(iv)

The remedial, protective or preventative work required to deal with the emergency;

(v)

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

(3)

The Planning Director shall verify the facts, including the existence and nature of the emergency, insofar as time allows. When reasonable, the Director shall also consult with the California Coastal Commission regarding claims of emergencies. This is critically important when a proposed emergency action may result in development on lands that are within the permit jurisdiction of the California Coastal Commission.

(4)

The Planning Director shall provide public notice of the proposed emergency work, with the extent and type of notice determined by the nature of the emergency.

(5)

The Planning Director may grant an emergency permit upon reasonable terms and conditions, including an expiration date and the necessity for a regular permit application later, is he or she finds that:

(i)

An emergency exists that requires action more quickly than permitted by the procedures for regular permits administered pursuant to this title, and the work can and will be completed within 30 days unless otherwise specified by the terms of the permit;

(ii)

Public comment on the proposed emergency action has been reviewed, if time allows; and

(iii)

The work proposed would be consistent with the requirements of the certified Local Coastal Program.

(6)

Within 30 days of the notification required in subsection b(1) of this section, the property owner shall apply for a land use permit as required by this title and any construction permits required by Title 19 of this code. Failure to file the applications and obtain the required permits shall result in enforcement action pursuant to Chapter 23.10 of this code.

(7)

The Planning Director shall not issue an emergency permit for any work to be undertaken on any tidelands, submerged lands, or on public trust lands, whether filled or unfilled; requests for emergency work in these areas shall be referred to the California Coastal Commission.

(8)

The Planning Director shall report emergency permits to the Planning Commission at their next regular meeting and to the Coastal Commission pursuant to Section 23.02.070. The decision to issue an emergency permit is solely at the discretion of the Planning Director although subsequent coastal permits required for the project are subject to all applicable hearing requirements as specified in Title 23.

[Revised 2004, Ord. 2999]