Chapter 2 — PLANNING AND DEVELOPMENT SERVICES DEPARTMENT

90102.00 - Purpose.

The purpose of this chapter is to establish general rules for the administration and the implementation of this title.

(Prior code § 90102.00)

There is established a planning and development services department. A planning director shall head the planning and development services department. The planning director, hereinafter "director," shall be appointed by the board of supervisors and serve at the direction of the majority of the board. The director shall perform and implement such written duties and direction as is given by the board of supervisors. In

addition hereto, the director shall also serve as the building official, secretary to the planning commission, secretary to the airport land use commission, secretary to the building board of appeals, secretary to the underground storage appeals board and serve as flood plain administrator. As such the director shall have such powers and duties necessary to carry out all of the responsibilities of each function.

(Ord. 1415 § 8, 2006)

It shall be the responsibility of the planning and development services department to uniformly, consistently, effectively, and strictly enforce the provisions of this title. In doing so, the director may delegate any responsibility or authority charged to him or her by any section of this title to any qualified employee within the Imperial County planning and development services department unless such action is specifically prohibited by a board ordinance or resolution.

The planning director is delegated the authority by the board of supervisors to sign all parcel and final maps, certificate(s) of compliance, condemnation orders, citations, and such other legal documents necessary to carry out the duties, functions and responsibilities of the planning and development services department.

In the absence of the director, the assistant planning director shall have the same authority as the director, unless otherwise directed by this title, a board resolution, or ordinance.

(Ord. 1415 § 10, 2006)

It shall be the responsibility of the planning and development services department to be lead agency and shall review any and all application(s) for permit(s) to determine whether the proposed project or projects are in compliance with the regulations of this title, and the general plan. The planning director (or the planning director serving as building official) shall act as a hearing officer and is vested with original jurisdiction to investigate, consider, and approve, or deny the following:

A.

Building permits, and construction determinations (appealable to building board of appeals and only then to the board of supervisors). The board of supervisors shall not act on an appeal without a recommendation or decision from the appeals board;

B.

Variances, (appealable to the planning commission and only then to the board of supervisors);

C.

Minor conditional use permits, (appealable to planning commission and only then to the board of supervisors);

D.

Interpretation of this title including words and phrases thereof, (appealable to planning commission whose decision may be appealed to the board of supervisors, only after the planning commission has rendered a decision;

E.

Minor subdivisions, (appealable to planning commission and only then to the board of supervisors);

F.

Lot line adjustments, (appealable to planning commission and only then the board of supervisors);

G.

Lot mergers, (appealable to the planning commission and only then the board of supervisors);

H.

Certificates of compliance, (appealable to the planning commission with no appeal to the board of supervisors);

I.

Approve negative declarations and/or mitigated negative declarations, under CEQA as specified within provisions of this title and under the "Rules to Implement CEQA," and then only for projects for which the director has original jurisdiction, as shown in Section 90101.11;

J.

Approve all CEQA related documentation necessary to carry out the duties of the director, except to certify Environmental Impact Reports (EIR).

NOTE:

1.

Nothing within this division shall prevent the planning director from forwarding any application to the planning commission for a determination, with or without first making a determination, provided it is without prejudice and no appeal costs will be charged.

2.

Every appeal from one decision level to the next shall require a fee.

(Ord. 1415 § 12, 2006)

Upon the filing of an appeal from the director's decision, the director shall then schedule a hearing on the issue before the planning commission or other appropriate body, at the next regularly scheduled meeting for which noticing requirements can be met. A decision of the director on planning issues shall not be appealable to the board of supervisors without first being heard by the planning commission, or in the case of building

inspection issues, a hearing by the building board of appeals, or in the case of the UST program, a hearing by the UST appeals board.

Where an appeal is allowed by this title, any person may appeal the decision of the planning director on a specific project provided such an appeal meets the following requirements:

A.

A written appeal is filed within ten (10) calendar days from the planning director's decision on land use projects or decisions.

B.

The appeal is filed with the planning and development services department.

C.

The requisite fees are included.

D.

The written appeal clearly states the following:

1.

Name of person(s) filing appeal;

2.

Address and phone number of person(s) filing;

3.

Project/decision being appealed;

4.

Reason for filing appeal;

5.

Facts, condition(s), information, error, or other specifics to warrant appeal;

6.

Prior effort(s) made to arrive at acceptable solution if any;

7.

Action being requested (i.e., deny project, approve project, modify conditions, etc.);

Signature of applicant.

(Ord. 1415 § 14, 2006)

90102.05 - Citation authority.

The planning and development services department, the planning director, and any qualified designee of the planning director shall have authority to issue citations for violation of this title, (reference Division 13).

(Ord. 1415 § 16, 2006)

90102.06 - Fees.

The board of supervisors, shall establish required fee(s) for the processing of any application specified within this title, provided the fee does not exceed the estimated actual cost of processing such an application. The board of supervisors shall adopt and make periodic revisions to the schedule of fees for processing all such land use applications. The schedule of fees shall be incorporated in this title under Division 9.

(Prior code § 90102.06)

Chapter 3 - PLANNING COMMISSION

90103.00 - Planning commission.

The planning commission of the county of Imperial is an advisory and a decision-making authority created by the board of supervisors and is herewith empowered the duties and responsibilities specified within this chapter.

(Prior code § 90103.00)

90103.01 - Creation and organization.

The planning commission shall consist of ten (10) members as appointed by the board of supervisors. Each member of the board of supervisors shall appoint two planning commission members and the commission member(s) shall reside in the supervisorial district of the appointing supervisor. A supervisor shall make an appointment in writing to the clerk of the board and the planning director. The clerk of the board shall then place the name of the appointee on the next board of supervisor's agenda as a public information item at which time the appointment shall be deemed effective.

(Prior code § 90103.01)

90103.02 - Term and qualification.

A.

The term of office of each commission member shall run concurrently with the term of office of the supervisor who appointed the commissioner.

B.

Should the appointing supervisor leave office for any reason, the appointment of each commission member appointed by the supervisor shall expire when the supervisor leaves office, and the successor supervisor shall appoint a person to serve the balance of the unexpired portion of the term. An appointee whose term has expired shall serve until a successor is appointed.

C.

The supervisor making the appointment shall have the power to remove the appointee from the planning commission. If the supervisor chooses to remove an appointee, the supervisor shall do so in writing by filing a notice with the planning director and the clerk of the board of supervisors. The clerk of the board of supervisors shall place it on the next public agenda as a public information item. The removal shall be effective on the date the item is on the board's agenda.

D.

Notwithstanding subsections A, B and C of this section, the board of supervisors, by a four-fifth's vote, may remove any member or members of the planning commission.

E.

Any appointee shall be a registered voter within Imperial County at time of appointment, and shall throughout the appointment continue to be registered.

(Prior code § 90103.02)

A.

Vacancy in office of a member of the commission shall occur upon the expiration of their term, death, resignation, removal from or forfeiture of office. A forfeiture shall occur when the member of the commission ceases to be a resident of the supervisorial district for which he or she is appointed.

B.

Should a vacancy occur on the commission the vacancy shall be filled by the supervisor in whose district the vacancy occurred for the unexpired portion of the term.

C.

Should a supervisor fail to appoint a member to the commission for ninety (90) days from the date of a vacancy occurring, the board shall make such appointment.

(Prior code § 90103.03)

Members of the planning commission shall receive compensation as established by a resolution by the board of supervisors. In addition, they shall receive reasonable traveling expenses to and from the place of meeting of the commission. Mileage costs for individual trips to specific project locations shall not be paid, unless authorized by the board of supervisors.

(Prior code § 90103.04)

Each calendar year (during January) the commission shall elect a chairperson and a vice-chairperson from among the appointed members, who shall serve for a term of one year. The planning director shall serve as secretary to the commission and the planning and development services department shall be staff to the commission. Other officers or department heads as appointed by the board of supervisors shall serve as advisers to the commission.

(Ord. 1415 § 18, 2006)*

• Editior's Note: Ord. 1415 contained two sections numbered 18.

90103.06 - Rules for the transaction of business.

A.

A majority of the appointed members of the commission shall constitute a quorum for the transaction of business. A majority of all members appointed must concur on any decision. (i.e., 6/10 - 5/9 - 5/8, 4/7, etc.).

B.

The commission shall conduct its business according to the rules for the transaction of business under Section 90103.10. The commission shall keep a record of all resolution(s), transactions, findings and/or determination. The commission shall record all meetings via mechanical recording devices, and all such recordings shall be public record.

C.

Transcriptions of any hearing shall be done only through the planning and development services department and shall be at full cost to requesting party.

(Ord. 1415 § 18, 2006; prior code § 90103.06)*

• Editior's Note: Ord. 1415 contained two sections numbered 18.

90103.07 - Meeting(s).

A.

The commission may hold one or two regular meetings each month and may hold such additional and special meetings as may be called by the chairperson by giving special notice as required by law.

B.

The commission shall hold its regular monthly meeting(s) on either the second and/or fourth Wednesday of each and every month at nine a.m. in the County Administration Center, Board of Supervisors Chambers, unless otherwise specified.

C.

Regular, special or specially adjourned meetings may be held at other locations and times so long as notice is given as required by law. Any special meeting held at the request of a project applicant shall be paid for in full by requesting party, and shall only be held if so approved by the chairperson.

(Prior code § 90103.07)

A.

Develop and Maintain General Plan. It shall be the function and the duty of the planning commission, to prepare, maintain, and recommend adoption of a general plan, including any specific plan(s), for the physical development of the county. Adopting, reviewing and enforcing the general plan shall be the highest responsibility of the commission.

B.

Action Upon Subdivision Maps. It shall be the function and duty of the planning commission to consider, approve and/or deny minor subdivision tentative maps as provided in the subdivision ordinance (Division 8 of this title), and to consider, recommend approval or denial to the board of supervisors for all major subdivisions (tentative maps) presented and filed with the commission.

C.

Action Upon Conditional Use Permits. It shall be the function and duty of the planning commission to review, consider, approve and/or deny any request for a conditional use permit submitted and filed with the commission, in accordance with the provision of this division.

D.

Action Upon Variance. It shall be the function and duty of the planning commission to review, consider, approve or deny all requests for a variance presented to and filed with the commission, as provided within this division.

E.

Compliance with CEQA. It shall be the function and duty of the planning commission to assure that all projects meet and are in full compliance with the California Environmental Quality Act (CEQA) and the county's rules and regulations to implement CEQA. The commission shall have the authority to certify any negative declaration or mitigated negative declaration and require or certify an environmental impact report.

The commission shall also have the authority to investigate, request reports, and/or order compliance on projects that in its opinion are or should be subject to CEQA.

F.

General Duties. It shall be the duty and responsibility of the planning commission to review the capital improvement program(s) of the county of Imperial. It shall perform such other function(s) as the board of supervisors may prescribe and likewise shall have such powers and duties as prescribed by law.

G.

Interpretation. It shall be the duty and responsibility of the planning commission, to recommend to the board of supervisors its interpretation on the meaning or intent or definition of any word, phrases or provision(s) within this title.

H.

Advisory Agency. The planning commission shall be an advisory agency to the board of supervisors on any legislative land use planning program, document, ordinance, or plan that is intended to be adopted by the county of Imperial.

(Prior code § 90103.08)

No land use permit or project requiring compliance with this title shall be heard and decided upon by the board of supervisors unless the permit or project is first reviewed and considered by the planning commission. The board of supervisors shall not adopt or approve a plan, ordinance, variance, or land use permit without first receiving a report and/or recommendation from the planning commission. If the board does consider and approve such a project without first receiving input from the commission, the project approval shall be deemed null and void, unless the project is determined by the board to be an emergency, on a four-fifth's vote.

(Prior code § 90103.09)

90103.10 - Rules of procedure by the commission.

A.

Meeting time shall be at nine a.m. unless otherwise specified by public notice.

B.

Meeting date shall be the second and fourth Wednesday of every month unless a special meeting is called by the chairperson and/or a meeting is not necessary as determined by the planning director.

C.

The chairperson shall preside at all meetings except in his or her absence it shall be the vice-chairperson, who shall sit as chairperson and perform the duties of the chairperson. In the event both the chairperson and the vice-chairperson are absent, the acting chairperson shall be the previous year's chairperson/vicechairperson.

D.

The meeting shall be called to order by the chairperson and roll call shall be taken first.

E.

Minutes of the previous meeting shall be reviewed and adopted or adopted as amended.

F.

The chairperson shall call the projects on the agenda in the order of the agenda, however, the chairperson may take items out of sequence as necessary.

G.

Any commissioner who has a conflict on an item, shall either at the beginning of the meeting or immediately prior to hearing the item, declare the conflict and state the reason for the conflict and shall not serve on the commission for the item. The commissioner shall step down from the commission, and shall not participate in the hearing, except as an individual.

H.

Every project shall be read into the record by staff and the commission shall allow for an open public hearing on each item.

I.

Before a motion is accepted, the public hearing shall be closed and the commissioners shall have an opportunity to make comments or ask questions.

J.

If a question by a commissioner is asked after the public hearing is closed, and it requires an answer from the applicant, the hearing is not re-opened to the public and is only open to the applicant to the extent of directly answering the question.

K.

The chairperson has the ability and the right to limit the amount of time a person has to address the commission, which may also include the commissioner's time.

L.

Discussions between commissioners and/or staff after public hearing period is closed shall not require reopening the hearing to public.

M.

If a motion receives less than a majority vote of all members appointed the motion fails. The commission may make as many motions as it deems necessary on a project. However once a motion to approve fails and a motion to deny fails, the project shall be deemed denied, and automatically forwarded to the board of supervisors.

(Prior code § 90103.10)