MONTEREY COUNTY ZONING

COASTAL IMPLEMENTATION PLAN - TITLE 20

20.79 – EMERGENCY PERMITS

20.79.010            PURPOSE.

It is the purpose of this Chapter to provide a means whereby development normally requiring discretionary approvals under this Title may be considered without the normally required public hearing processes to meet an emergency situation.

20.79.020            APPLICABILITY.

The provisions of this Chapter shall apply in all zoning districts in the unincorporated areas of the County of Monterey and within the Coastal Zone.

20.79.030            APPROPRIATE AUTHORITY.

The Appropriate Authority to consider and decide Emergency Permits is the Zoning Administrator.

20.79.040            APPLICATION.

Application for an Emergency Permit shall be made to the Appropriate Authority in writing on a form prescribed by the Director of Planning and Building Inspection and shall be accompanied by such statements, plans and elevations necessary to show the detail of the proposed use or structure and to explain the nature of the emergency.

20.79.050            ACTION BY APPROPRIATE AUTHORITY

A.        A public hearing is not required to consider and decide an Emergency Permit.

B.         In order to grant an Emergency Permit, the findings of the Appropriate Authority shall be:

1)         That an emergency situation does exist that requires action more expeditiously than allowable under normal discretionary permit procedures.

2)         That the establishment, maintenance or operation of the use or structures approved by the Emergency Permit will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of such approved use, or, be detrimental or injurious to property and improvement in the neighborhood, or to the general welfare of the County.

3)         That the work authorized by the Emergency Permit is the minimum amount of work required to mitigate the emergency situation.

4)         That the work authorized by the Emergency Permit is consistent with the provisions of the Monterey County Local Coastal program.

C.        The Appropriate Authority may designate such conditions in connection with the Emergency Permit as deemed necessary to secure the purposes of this Title as well as the local coastal program.  Such conditions may include monitoring at reasonable times and intervals to assure compliance with the conditions set forth in the Emergency Permit.  Other conditions may include, but are not limited to: health and safety requirements, architectural and site approval, time limitations, street dedications, and street and drainage improvements.  The Appropriate Authority may also apply a condition to require a Coastal Development Permit for continued authorization of the emergency work in order to address any requirements of this Title or the local coastal program that were not addressed under the Emergency Permit. The Appropriate Authority may also require such bonds and guarantees as it deems appropriate to assure compliance with the conditions.

D.        The Appropriate Authority shall establish a date by which the construction or use authorized by the Emergency Permit shall commence.

E.         An appeal may be taken from the action of the Appropriate Authority pursuant to Chapter 20.86.

F.         The Appropriate Authority shall report the granting of an Emergency Permit, in writing, to the Planning Commission and Coastal Commission.  The report shall be mailed to all persons who have requested such notification in writing.

G.        The Appropriate Authority shall not issue an Emergency Permit for any work that must be reviewed by the California Coastal Commission, including work that the Commission’s Executive Director may waive permit requirements for under Section 30611 of the Coastal Act.

20.79.060            REVOCATION.

A.        Where 1 or more of the conditions of the Emergency Permit have not been or are not being complied with, or when the Emergency Permit was granted on the basis of false material information, written or oral, given willfully or negligently by the applicant, the Appropriate Authority may revoke or modify the Emergency Permit following a public hearing pursuant to Chapter 20.84 of this Title.

B.         An appeal may be taken from such revocation or modification pursuant to Chapter 20.86 of this Title.

C.        Failure by the applicant to follow through in a timely manner with a Coastal Development Permit application, if required by the Appropriate Authority, shall be cause for the Appropriate Authority to revoke the emergency permit and direct removal of any improvements installed under the emergency permit.  The Appropriate Authority may conduct a public hearing prior to taking action in such situations.

20.79.070            EXPIRATION.

A.        Any Emergency Permit under the terms of this Chapter shall be valid until the date of expiration stated on the permit.

B.         Any Emergency Permit which is not exercised by the date established pursuant to Section 20.79.050 D of this Title shall be deemed to be expired.

20.79.080            EFFECT.

Building Permits shall not be issued, nor any use conducted, otherwise than in accordance with the conditions and terms of the Emergency Permit granted.  The construction or use authorized by the Emergency Permit may commence prior to the expiration of the appeal period or while an appeal is being resolved subject to the approval of the Director of Planning and Building Inspection or Zoning Administrator and provided that the permittee acknowledges in writing that they are proceeding at their own risk and the appropriate indemnification agreement has been filed with the County Recorder.

20.79.090            FILING FEE.

The application fee for an Emergency Permit shall be as established from time to time by the Board of Supervisors, and no part of such fee shall be refundable unless such refund is requested in writing concurrent with the withdrawal of the Emergency Permit and provided that the applicant has not yet been sent written notice of the application's status as complete or incomplete.  In such case, 50% of the filing fee shall be refunded.

20.79.100            EXTENSION OF EMERGENCY PERMITS.

A.        The Appropriate Authority may extend the expiration date of an Emergency Permit upon receipt of a written request by the permittee, provided such request is made at least 30 days prior to the expiration of the Emergency Permit.  The written request shall be filed with the Appropriate Authority and set forth reasons supporting the request.  The Appropriate Authority may grant the extension for a reasonable additional time period necessary to complete or maintain the emergency work and/or apply for a Coastal Development Permit.

B.         The extension request shall be subject to the provisions of Chapter 20.84.040 (A) of this Title.