MONTEREY COUNTY ZONING ORDINANCE - TITLE 21

21.75 EMERGENCY PERMITS

21.75.010 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.

21.75.020 APPLICABILITY.

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

21.75.030 APPROPRIATE AUTHORITY.

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

21.75.040 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.

21.75.050 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 exists and immediate action is required to protect life and property from imminent danger or to restore, repair or maintain public works, utilities or services destroyed, damaged or interrupted by the emergency.

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 General Plan and the applicable area plan.

C. The Appropriate Authority may designate such conditions in connection with the Emergency Permit as deemed necessary to secure the purposes of this Title. 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 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 21.80.

21.75.060 REVOCATION

A. Where one 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 21.78 of this Title.

B. An appeal may be taken from such revocation or modification pursuant to Chapter 21.80 of this title.

21.75.070 EXPIRATION.

A. Any Emergency Permit issued 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 21.75.050D of this Title shall be deemed to be expired.

21.75.080 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.

21.75.090 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 applications' completeness or incompleteness. In such case, 50% of the filing fee shall be refunded.

21.75.100 EXTENSION OF EMERGENCY PERMITS

A. the Appropriate Authority may extend an Emergency Permit upon receipt of a written request of the permittee, provided such request is made at least thirty 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.

B. The extension request shall be subject to the provisions of Chapter 21.78.040A of this Title.