Chapter 3 — LAND USE PERMIT (CONDITIONAL USE PERMIT)

90203.00 - Purpose.

The purpose of this chapter is to define and establish guidelines for the processing of a conditional use permit application.

(Prior code § 90203.00)

90203.01 - Conditional use permit defined.

A "conditional use permit (CUP)" is a permit issued to a landowner allowing a particular use or activity not allowed as a matter of right within a particular zone. A conditional use permit requires the exercise of judgment and the review of factual issues to determine if the application and resulting limited entitlement will conform to the provisions of this title and is consistent with the general plan. Generally, a conditional use permit consists of a limited entitlement that requires a decision-making body to approve a use subject to conditions or disapprove a particular use, and is in the best interest of public convenience and necessity. A conditional use permit runs with the land for the period of time specified in the permit.

Conditional use permits shall be further classified and defined as follows:

A.

Minor Conditional Use Permit (CUP-1). Minor conditional use permits typically allow for the following specific uses.

1.

A second dwelling unit (one additional unit);

2.

A domestic water well (less than 1.5 acre feet/year), upon and for the use by a single parcel, and for domestic use only;

3.

A commercial water well with less than five acre feet of water use per year, and for a single commercial use;

4.

A pre-school with less than twenty (20) children;

5.

A day care facility with less than twenty (20) children (under the age of six years);

6.

A limited care facility for the handicapped or elderly not to exceed five users;

7.

Home occupations;

Facilities for abused men/women/children provided it does not exceed five users;

9.

Temporary real estate, temporary construction and other temporary offices;

10.

Limited term special events for limited use.

B.

Intermediate Conditional Use Permit (CUP-2). An intermediate conditional use permit shall be a permit issued for a project whose total developed value is greater than one hundred thousand one dollars ($100,001.00), but less than one million dollars ($1,000,000.00), including land cost.

In addition, the following specific projects shall also be considered as intermediate conditional use permit.

1.

Churches or other places dedicated exclusively to religious worship;

2.

Educational institutions, including schools (except preschools under subsection A of this section);

3.

Hospitals, sanitariums and rest homes, including limited care facilities for handicapped or elderly with a capacity in excess of five people;

4.

Facilities for abused men/women/children in excess of five users;

5.

Facilities owned or operated by non-profit service organizations for their own use.

C.

Major Conditional Use Permit (CUP-3). A major conditional use permit shall be a permit for a project whose total developed value is greater than one million dollars ($1,000,000.00).

It further includes any project that does not fall within subsection A or B of this section.

D.

Each conditional use permit listed within the specified zone indicates the level, (i.e., CUP-1 (minor); CUP-2 (intermediate) and CUP-3 (major)).

(Prior code § 90203.01)

A conditional use permit may only be processed for a use specifically identified within each zone or subzone, and only if the proposed use conforms to the general plan.

Where a specific use is not listed as an outright use or a use that could be allowed by the conditional use permit, within a zone, that use shall be strictly prohibited except as provided by Section 90203.10. Where a proposed use is in conflict with, or does not conform to the county's general plan, it shall be denied.

If in the determination of staff a proposed use is not consistent with the general plan, staff shall inform the applicant prior to an application being deemed complete. If the applicant withdraws the application at this point (prior to the hearing), the applicant shall be entitled to a full refund of all application fees paid to the department, less the actual cost to notice, advertise and staff costs incurred up to the time a withdrawal request is made.

If the applicant does not withdraw and the project proceeds to the commission, the applicant shall not be entitled to any refund.

(Prior code § 90203.02)

90203.03 - Application.

A written application (form provided by the planning and development services department) for a conditional use permit shall be filed with the planning and development services department, accompanied by all information identified under Section 90104.00, along with requisite fee(s) and any other information the department deems necessary.

(Ord. 1415 § 46, 2006)

90203.04 - Authority of the planning director.

The planning director is granted authority to investigate, consider, approve and/or deny any minor conditional use permit application. The director acting as a hearing officer shall conduct a duly noticed public hearing and consider all relevant facts, and hear all proponents and opponents. Notice for the hearing shall be provided in accordance with Section 90104.03(A).

The planning director may administratively, without holding a public hearing, forward a conditional use permit application to the planning commission for hearing.

The planning director shall not have the authority to approve or deny any intermediate or major conditional use permit.

(Prior code § 90203.04)

90203.05 - Administrative process by director.

In order to clearly define the administrative process, the following procedures shall be followed by the department/director. This process and its time limits are only applicable to projects that are exempt from CEQA. Any project that requires compliance with CEQA will be processed within the applicable time limits provided by statute.

A.

Within ten (10) working days from the receipt of an application, the department shall determine whether the application is complete or incomplete and if found incomplete or inconsistent with the general plan shall return the application to applicant.

B.

The department shall within ten (10) working days after deeming the application complete issue a standardized public notice of the proposed project to all property owners as specified in Section 90104.03.

C.

Within the ten (10) working days specified under subsection B of this section, the department shall consult with the applicable departments as necessary.

D.

An administrative hearing shall be held within thirty (30) working days from the date the application was deemed complete. This hearing shall be open to the public.

E.

At the conclusion of the hearing, the director shall approve, conditionally approve or deny the conditional use permit.

F.

The director may approve a conditional use permit only if:

1.

Findings can be made that the proposed project is consistent with the general plan;

2.

Findings can be made that this project is consistent with this title;

3.

The director of public works, the director of APCD, director of EHS, and the director of fire/OES have reviewed the proposed project and approved the project;

4.

Public opposition has been considered and all impacts have been mitigated by the imposition of conditions;

5.

Applicant agrees to all conditions and standards required for the project.

(Ord. 1415 § 48, 2006; prior code § 90203.05)

90203.06 - Authority of the planning commission.

The planning commission shall have the authority to investigate, review, and approve or deny any conditional use permit application.

The planning commission's decision shall be final unless an appeal, (if so permitted by this title) is made to the board of supervisors and is filed with the clerk of the board within ten (10) calendar days as provided under Section 90101.10.

(Prior code § 90203.06)

90203.07 - Authority of the board of supervisors.

The board of supervisors shall have the authority to investigate, review, and approve or deny any conditional use permit application upon appeal from the planning commission's decision provided that the appeal is filed according to Section 90101.10. The board of supervisors shall not act upon any conditional use permit that has not first been reviewed by the planning commission and/or that was appealed after the ten (10) day appeal period. The board of supervisors' decision on any conditional use permit shall be final and no reconsideration or rehearing shall be allowed unless such request meets the provisions of Section 90101.10.

(Prior code § 90203.07)

90203.08 - Notice of hearing.

After acceptance of a completed conditional use permit application and the completion of a full staff report, the commission shall conduct a public hearing on the request. The notice and scheduling of the public hearing shall be pursuant to Section 90104.03(C).

(Prior code § 90203.08)

90203.09 - Action on a conditional use permit.

An application for a conditional use permit shall be reviewed, and approved, conditionally approved, or denied by the decision-making authority.

The authority may approve or conditionally approve an application only if it finds all of the following:

A.

The proposed use is consistent with the goals and policies of the adopted county general plan;

B.

The proposed use is consistent with the purpose of the zone or sub-zone within which the use will be located;

C.

The proposed use is listed as a use within the zone or sub-zone or is found to be similar to a listed conditional use according to the procedures of Section 90203.10;

D.

The proposed use meets the minimum requirements of this title applicable to the use and complies with all applicable laws, ordinances and regulations of the county of Imperial and the state of California;

E.

The proposed use will not be detrimental to the health, safety, and welfare of the public or to the property and residents in the vicinity;

F.

The proposed use does not violate any other law or ordinance;

G.

The proposed use is not granting a special privilege.

The decision-making authority shall deny an application if it cannot make all of the above findings.

(Prior code § 90203.09)

90203.10 - Similarity in use(s).

When an applicant proposes a use that is not specifically authorized or listed as a use or conditional use in the specific zone, he or she may apply for a determination of similar use to the planning commission through the following procedure. (The planning commission shall have final authority and no appeal to the board on "similarity" shall be allowed.)

A.

Filing. A request for a "similar use" determination shall be in writing to the planning and development services department and shall explain in detail the proposed use and its similarity to an existing approved use within that zone.

B.

Application Hearing. A request for similar use consideration shall not be heard concurrently with the hearing for allowing the use. At a minimum, the similar use hearing by the planning commission shall occur at least one hearing prior to the hearing to allow/deny the use.

C.

Similar Use Criteria. In order for the planning commission to allow a use to be a similar use it shall first make the following findings:

1.

The proposed use resembles or is of the same basic nature as an identified use or a conditional use in that zone.

The proposed use includes activities, equipment, or materials typically employed in the identified use.

3.

The proposed use has equal to or less impacts on traffic, noise, dust, odor, vibration and appearance than the identified listed use.

4.

All impacts identified could and would be mitigated through conditions.

5.

The similar use, if allowed in the proposed zone, will not affect the health, safety and welfare of the public or impact the property and residents in the vicinity.

D.

Noncomparison of Similar Use. An application for similar use shall be a comparison of the proposed use against that of an identified listed use in the zone or sub-zone. The commission shall not compare a proposed similar use against another previously approved similar use.

E.

Continued Use. Once a use has been found to be similar by the commission, it shall be listed as such by the department within the applicable zoning division of this title and may be used by other applicants.

F.

CEQA Exemption. The determination of similar use shall be a ministerial action and shall not require CEQA documentation.

(Ord. 1415 § 50, 2006; prior code § 90203.10)

The conditional use permit shall contain such terms and conditions that the decision-making authority determines necessary, and/or are conditions that mitigate specific impacts, and can make the appropriate findings.

Every permit approval shall contain both standard, as well as, site specific conditions. Among the standard conditions shall be:

A.

Compliance with all laws;

B.

Cost to offset on-going compliance mandates;

C.

Time limitations;

D.

Effective date(s).

(Prior code § 90203.11)

The approved conditional use permit shall not become effective until ten (10) calendar days after the decision of the planning director or commission. Further the conditional use permit shall not be effective until applicable conditions have been met, and the conditional use permit is recorded with the county recorder, with payment of recording fees being paid by applicant. In the case of a decision by the board of supervisors there is no ten (10) day appeal.

(Prior code § 90203.12)

If the project for which a conditional use permit has been approved has not commenced, or permits for said project have not been issued, within one year from approval date the conditional use permit shall be null and void. If a conditional use permit has been unused, abandoned, discontinued, or ceased for one year, the conditional use permit shall be null and void, and be of no effect. Notice to applicant/permittee under this division will not be required or provided by department.

If an applicant cannot initiate or obtain permits for the approved use during the one year, applicant may request a one year extension from the department. The request for an extension shall be in writing and be submitted with explanation to the planning and development services department at least sixty (60) days prior to the end of the one-year period. The director shall have the authority to extend the initial start up period of a conditional use permit two times for a maximum of one year each. No extension under this section shall be extended for more than two years.

(Ord. 1415 § 52, 2006)

Every conditional use permit shall be monitored by the planning and development services department with assistance from other departments as necessary. The permittee shall be required to pay for such monitoring costs according to the "time and materials" fee schedule adopted by the board of supervisors or as otherwise provided by the terms of the conditional use permit.

Permittee shall at all times be in compliance with all of the terms and conditions of the conditional use permit. In the event noncompliance is found, the permittee shall be given notice to correct by the planning and development services department. Failure to comply shall constitute grounds for revocation.

(Ord. 1415 § 54, 2006)

All terms/conditions of approval shall be final. A request to delete, modify or change one or more condition(s) shall constitute a new application unless specifically allowed within the CUP. Such a modification only be considered at a regularly scheduled hearing of the decision-making authority.

(Prior code § 90203.15)

A conditional use permit may be suspended or revoked by the planning director, planning commission or board of supervisors for any of the following causes:

A.

Any term or condition has not been complied with and the permittee has received at least one written correction order, via certified or return receipt mail or personal delivery;

B.

The property or portion thereof subject to the conditional use permit is used or maintained in violation of the conditional use permit and/or any state law or ordinance of the Imperial County and/or state of California;

C.

The use for which the conditional use permit was granted has been so exercised as to be detrimental to the public health or safety or as to constitute a nuisance;

D.

Changes in technology in the type or amount of development in the area, or other condition warrants a modification of the conditions of operation, or warrants the imposition of additional conditions to assure that the use remains compatible with existing and potential uses within the vicinity.

(Prior code § 90203.16)

Chapter 4 - ZONE CHANGES

The purpose of this chapter is to define and establish guidelines and procedures for the processing of a change of zone. The procedures shall be the same whether initiated by a property owner or by the county board of supervisors.

(Prior code § 90204.00)

Zoning is a separation of the unincorporated areas of the county into land use categories and the regulation of buildings and structures, according to their construction, and the nature and extent of their use, and the nature and extent of the use of land. The requirements for each zone are specified in Division 5, and are graphically depicted on the zoning maps in Division 25.

A "Change of Zone" is:

A.

The classification, and/or the re-classification of the zoning of property; and/or

B.

Changes in the permitted uses or regulations on property (either community-wide or by parcels or portions of a parcel) within particular land use categories.

(Prior code § 90204.01)

Any change of zone shall only be considered if it can be found consistent with the county's general plan.

The planning and development services department shall review every request for a change of zone before an application is deemed complete, and determine whether or not it is consistent with the general plan. If the requested change is not consistent with the general plan, the department shall in writing reject the application stating the reason(s) and possible alternatives, if any. Alternatives may include the filing of an application for a general plan amendment, or a specific plan.

The planning and development services department determination shall be final unless an appeal is filed to the planning commission within ten (10) days of receipt (certified mail) of departments determination. The planning commission shall have final decision on matters of consistency and no further appeal shall be allowed.

An application for a change of zone that is consistent with the general plan, or an application for a change of zone being processed concurrently with a general plan amendment or specific plan, shall be processed according to the procedures established herein.

(Ord. 1415 § 56, 2006)

90204.03 - Application.

A written application (form provided by the planning and development services department) for a change of zone shall be filed with the planning and development services department, accompanied by all pertinent supporting documentation and information which is clearly specified on the application and which, at a minimum, shall include the information required under Section 90104.00. The application shall be accompanied by the required fee(s).

All such applications shall be signed by the property owner(s) of record. The department shall not accept any change of zone application without a preliminary title report.

(Ord. 1415 § 58, 2006)

90204.04 - Authority of the planning director.

The planning director and/or his or her staff shall review every application and determine whether the proposed change of zone is consistent with the adopted general plan.

If the change of zone application is not consistent with the general plan, the application shall be rejected with reasons and any alternatives stated. In processing any application, staff shall prepare a full staff report including a recommendation based on planning principles, regulations in effect, and all legal requirements, before the planning commission may consider the project.

(Prior code § 90204.04)

90204.05 - Authority of the planning commission.

The planning commission shall review and consider every application submitted by staff. The commission, following a public hearing on the matter, shall:

A.

Recommend denial to the board of supervisors if it determines that the proposed zone change is not consistent with the general plan;

B.

Recommend denial to the board of supervisors if it determines that the proposed zone change is not compatible with surrounding zoning, or is detrimental to the surrounding property (or the county in general) or represents incompatible land uses, or may cause substantial adverse environmental consequences;

C.

Recommend approval of the proposed zone change to the board of supervisors;

D.

Recommend a conditional zone change approval to the board of supervisors;

E.

Continue the hearing to obtain additional information or documentation, or allow staff to complete specific documentation.

(Ord. 1415 § 60, 2006; prior code § 90204.05)

90204.06 - Authority of the board of supervisors.

Since a change of zone is a legislative act and a discretionary function, only the board of supervisors shall have the authority to approve a change of zone by the enactment of an ordinance.

The board of supervisors shall not consider, review and approve or deny a change of zone unless it first receives a recommendation from the planning commission, including therewith a staff report.

(Prior code § 90204.06)

90204.07 - Notice of hearing(s).

After acceptance of a completed application, and the completion of a staff report the planning commission shall conduct a public hearing on the requested zone change. The notice and scheduling for the hearing shall

be pursuant to Section 90104.03(C). Upon forwarding an appeal to the board of supervisors, the planning and development services department shall schedule the hearing and provide notice as required by Section 90104.03(D).

The board of supervisors shall not consider, approve or deny a change of zone unless proper notice has been provided and a public hearing is conducted.

(Ord. 1415 § 62, 2006)

90204.08 - Action on change of zone request.

The board of supervisors shall have the following options:

A.

Deny the zone change application, if it determines that the change of zone is not consistent with the general plan;

B.

Deny the zone change application if it determines that the proposed change is not compatible with surrounding zoning, or is detrimental to the surrounding property (or the county in general), or represents incompatible land uses, or may cause substantial adverse environmental consequences;

C.

Approve the change of zone as requested without conditions or modifications;

D.

Approve the change of zone as a conditional change of zone by adopting specified conditions to be enforced through an agreement with the applicant. All such conditional change of zone shall not be effective until an agreement has been executed;

E.

Continue the public hearing on the matter to a date/time certain for the purpose of having additional information made available to the board of supervisors;

F.

Remand project back to planning commission for further study and recommendation.

(Prior code § 90204.08)

90204.09 - Effective date.

Upon approval by the board of supervisors the change of zone shall be codified by the clerk of the board of supervisors and shall take effect on the thirty-first day following the final approval by the board of supervisors.

(Prior code § 90204.09)

90204.10 - Conditional change of zone.

In approving a change of zone the board of supervisors may establish such conditions it determines necessary and/or appropriate.

The board of supervisors may include, but is not limited to, the following conditions:

A.

Time limitation (both commencement and sundown);

B.

Agreement to implement conditions or restrictions;

C.

Limitation of use(s) beyond those established, or permitted in the zone;

D.

Limitation to specific project;

E.

Mitigation conditions.

(Prior code § 90204.10)

90204.11 - Map change.

In order to maintain an accurate record of all changes authorized by the board of supervisors to the approved zone maps contained in Division 25, the following procedure shall be followed.

Amendments or changes to a zone map are each filed as an ordinance section with an accompanying map of the area affected. Each area so changed shall also be identified by a legal description and map.

(Prior code § 90204.11)

Chapter 5 - GENERAL PLAN AMENDMENTS

90205.00 - Purpose.

The purpose of this chapter is to establish and define guidelines for the processing of general plan updates and general plan amendments.

(Prior code § 90205.00)

90205.01 - General plan defined.

By state law each city and county is required to adopt a general plan for the physical development of a city or county, and of any land outside its boundaries. All regulatory controls and development approvals (zoning,

subdivision ordinances and actions) shall be consistent with such general plan.

(Prior code § 90205.01)

An update of the general plan is a process initiated by the county for the purpose of maintaining a valid planning objective relative to current conditions. An update can range from minor revisions to a major re-write of the document. An update is distinguished from an amendment to the extent that an update generally affects the overall plan and is not restricted or initiated to affect one parcel.

(Prior code § 90205.02)

An amendment is generally a change to the general plan that is restricted to a specific geographic area or to a specific purpose within one or more element. Amendments are generally initiated through an application by the public. Amendments to the plan are restricted to four times per year.

(Prior code § 90205.03)

Specific plans are a planning to tool used for the systematic implementation of the general plan for all or part of the area covered by the general plan. Specific plans are not required to be adopted by the county, however, if so adopted, a specific plan shall be prepared, adopted, and amended in the same manner as general plans, except that a specific plan may be adopted by resolution or ordinance and may be amended as often as deemed necessary.

(Prior code § 90205.04)

90205.05 - Application.

A written application (form provided by the planning and development services department) for a change or amendment to the general plan shall be filed with the planning and development services department, accompanied by all pertinent supporting documentation and information specified on the application and which at a minimum, shall include the information required under Section 90104.00, and shall further include the required fee(s).

(Ord. 1415 § 64, 2006)

90205.06 - Authority of the planning director.

The planning director and/or his or her department shall thoroughly review every application and determine whether or not the application conforms to the ordinance and state planning law.

If the application, in the opinion of the staff, is in conflict with the general plan, county ordinance or state law, staff shall so inform the applicant in writing. If a resubmittal of an application previously rejected is made and the application is still inconsistent with the general plan, county ordinance or state law, staff shall process the

application but shall advise the applicant in writing that it will only be processed with a recommendation for denial.

(Ord. 1415 § 66, 2006)

90205.07 - Authority of the planning commission.

The planning commission shall review and consider every general plan amendment submitted by staff. The commission following a full public hearing on the matter shall:

A.

Deny the application if it determines that the proposed change is not consistent with the general plan or state laws;

B.

Deny of the application if it determines that the proposed change is not compatible with surrounding land use, or is detrimental to the surrounding property or the county in general, or represents inconsistent land use, or may cause substantial adverse environmental consequences;

C.

Recommend approval of the proposed change;

D.

Continue the hearing to obtain additional information, documentation, or allow staff to complete specific documentation.

The general plan may only be amended a maximum of four times in any one year. It is therefore, the intent of the board to conduct no more than one plan amendment each quarter of the year, except that if there is no change in any one quarter, additional hearings may be allowed in subsequent quarter.

(Prior code § 90205.07)

90205.08 - Authority of the board of supervisors.

Since a general plan amendment is a legislative act and a discretionary function, only the board of supervisors shall have the authority to approve a general plan amendment.

The board of supervisors shall, however not consider, review and approve or deny a general plan amendment unless it first receives a recommendation from the planning commission including therewith a staff report.

(Prior code § 90205.08)

Notice of the public hearing by the board of supervisors shall be given by the planning and development services department in the manner described in Section 90104.03(D).

(Ord. 1415 § 68, 2006)

90205.10 - Action on general plan amendment.

Upon the close of the public hearing, the board shall have the following options:

A.

Deny the requested plan amendment;

B.

Approve the requested plan amendment;

C.

Approve a modified version of the requested plan amendment;

D.

Continue the public hearing for additional information.

(Prior code § 90205.10)

90205.11 - Effective date.

Upon approval by the board of supervisors, a general plan amendment shall take effect immediately.

(Prior code § 90205.11)

Division 3 - SITE AND DESIGN STANDARDS Chapter 1 - SPECIAL DEVELOPMENT STANDARDS

90301.00 - Purpose and application.

The purpose of this chapter is to establish reasonable and necessary development standards for residential, commercial, industrial, institutional and other similar uses to ensure that development subject to this title, includes the appropriate public improvements and is compatible with surrounding land uses.

(Prior code § 90301.00)

90301.01 - Development standards (residential zones).

All residential developments in the R-1, R-2, R-3 or R-4 Zones shall comply with the following:

A.

Street and road dedication shall be made to the county in the manner described by the Imperial County Public Works Department for all existing or proposed local, secondary or collector highways. The required dedication shall be thirty (30) feet from centerline for local streets, forty-five (45) feet from centerline for secondary streets, fifty-five (55) feet from centerline for collector highways, or as required by adopted, official or specific plans. In the case where a street is on the boundary of a development, a minimum of forty (40) feet shall be dedicated to the county.

B.

Development in all areas shall provide road or street improvements to county standards. Such street improvements shall include the required base and pavement to tie existing pavement to proposed entrances, exits, etc. Existing pavement shall be soft cut at a match point. If the project site abuts a state highway, road improvements shall be provided as required by the California Department of Transportation.

C.

Obstructions within street rights-of-way shall be removed as specified by Imperial County Public Works Department.

D.

Curbs, gutters and sidewalks shall be constructed as required by county standards.

E.

All access drives, parking areas and vehicular maneuvering areas shall be surfaced with a minimum of three inches of asphaltic concrete paving or material of higher quality.

F.

All new on site utility services shall be placed underground, unless the utility supplier requests otherwise.

G.

Prior to the issuance of any building permits for new projects, plans for the management and disposal of all surface drainage water(s) originating on-site shall be approved by the Imperial County Public Works Department in coordination with the Imperial County Public Health Department, Environmental Health Division, as needed. All necessary casements, rights-of-way or grant deeds shall be granted to the County for drainage purpose or access thereto as reviewed and approved by the department of public works.

H.

Prior to issuance of any building permits, the methods of water supply and sewage disposal shall meet the requirements of and be approved by one or more of the following agencies: Imperial County Environmental Health Services Division, California Department of Public Health, Regional Water Quality Control Board (Colorado River Basin) of the California Environmental Protection Agency.

I.

Fire protection facilities and access ways shall meet the requirements of and be approved by the Imperial County Fire Department/Office of Emergency Services.

J.

When adjacent to property zoned for non-residential purposes, a six-foot high solid masonry wall shall be constructed between the proposed development and the adjacent property. The wall height shall be reduced to thirty (30) inches within the required front yard setback area. The proposed wall design and materials shall be approved by the planning department.

K.

All exterior lighting shall be directed away from adjacent properties, and away from or shielded from public roads.

L.

All trash receptacles shall be screened so that they are not visually obtrusive from any off site location. The location and method of screening for all trash receptacles shall also minimize potential for nuisance, be consistent with ease of solid waste removal, and shall be approved by the planning director.

M.

Architectural design of all proposed structures shall be compatible with the surrounding neighborhood.

N.

For developments with ten (10) or more dwellings, a minimum of five percent (5%) of the net total parcel area shall be designated and developed as useable open space provided however no less than four hundred (400) square feet of useable area shall be designated and developed. The required useable area may be divided into more than one location, provided no single location is less than four hundred (400) square feet.

O.

During all on-site grading and construction activities, adequate measures shall be implemented to control fugitive dust emissions.

The planning department may waive any of the above-listed requirements where a documented hardship not involving economics exists, or where there are unusual circumstances that prevent compliance with the required development standards herein above.

(Ord. 1415, § 70, 2006; prior code § 90301.01)

(Ord. No. 1487, §§ 1, 2, 7-2-13)

90301.02 - Development standards (commercial and industrial zones).

All development in the C-0, C-1, C-2, C-3, M-1, M-2 and M-3 zones shall comply with the following:

A.

Street and road dedications shall be made to the county in a manner prescribed by Imperial County Public Works Department, for all existing or proposed local, secondary or collector highways. The required dedication shall be thirty (30) feet from centerline for local streets, forty-five (45) feet from centerline for secondary streets, fifty-five (55) feet from centerline for collector streets.

B.

All developments shall provide road or street improvements as required by the Department of Public Works, and to the standards contained within this Title.

C.

Obstruction within street rights-of-way shall be removed as specified by this title.

D.

Curbs, gutters and sidewalks shall be constructed as required by this Title when required as part of the street improvement.

E.

All access driveways, parking areas and vehicular maneuvering areas shall be surfaced with a minimum of three inches of asphaltic concrete paving or higher quality material.

F.

All new on-site utility services shall be placed underground.

G.

Prior to the issuance of building permits, a plan for the disposal of all surface drainage water originating on site shall be approved by the department of public works in coordination with the Imperial County Public Health Department, Environmental Health Division, as needed. Easements or right-of-way deeds shall be granted to the county of Imperial for drainage purposes.

H.

Prior to the issuance of any building permit, the method of water supply and sewage disposal shall be as required and approved by one or more of the following agencies: Imperial County Environmental Health Services Division, California Department of Public Health, Regional Water Quality Control Board (Colorado River Basin) of the California Environmental Protection Agency.

I.

Fire protection facilities and access ways shall be as required and approved by the Imperial County Fire Department.

J.

When adjacent to property zoned for single-family residential use, a six-foot high masonry wall shall be constructed between the proposed development and the adjacent property. The wall height shall be reduced to three feet within the required front yard setback area.

K.

All exterior lighting shall be shielded and directed away from adjacent properties and away from or shielded from public roads.

L.

All trash receptacles shall be screened in such a manner so that they are not visually obtrusive from any off site location. The location and method of screening for all trash receptacles shall also minimize potential for nuisance, be consistent with ease of solid waste removal, and shall be approved by the planning director.

M.

Architectural design of proposed buildings shall be compatible with the surrounding neighborhood.

N.

For industrial or commercial developments utilizing outside storage, the areas devoted to outside storage shall be treated with a dust binder or other dust control measures, as approved by the APCD.

O.

During all on-site grading and construction activities, adequate measures shall be implemented to control fugitive dust.

The planning department may waive any of the above requirements where a documented hardship not involving an economic hardship exists, or where there are unusual circumstances that prevent compliance with the required development standards listed above.

Except as provided in this section, no permitted use shall be established, no permitted development shall occur, and no building permit or grading permit shall be issued for any permitted use or development subject to this title until an application for a plot plan review has been submitted to and approved by the planning and development services department.

(Ord. 1415, § 72, 2006; prior code § 90301.02)

(Ord. No. 1487, §§ 3, 4, 7-2-13)

90301.03 - Plot plan review (application content).

An application for a plot plan review shall include the following:

A.

Name and address of applicant;

B.

Name and address of property owner;

C.

Assessor's parcel number;

D.

Legal description;

E.

Plot plan drawn to a scale of adequate size to show at a minimum:

1.

Topography of proposed grading,

2.

Location of all existing buildings and structures above and below ground,

3.

Location of all proposed buildings and structures above and below ground,

4.

Proposed vehicular circulation and parking areas plan,

5.

Imperial County fire department approval for accessway and safety setbacks if any, as well as fire protection equipment,

6.

Proposed landscaping,

7.

Proposed lighting,

8.

North arrow;

F.

Elevation of proposed buildings and structures;

G.

Phasing or development schedule if any;

H.

Detailed description of the facility improvements including but not limited to:

1.

Curb, gutter, sidewalk and street improvements,

2.

Water supply,

Sewage collection and disposal,

4.

Public utilities,

5.

Fencing,

6.

Trash enclosures,

7.

Other;

I.

Any and all reports, approvals or requirements which may be required by mitigation measures incorporated into an environmental document, adopted for implementation for this zone or sub-zone.

(Prior code § 90301.03)

Chapter 2 - LANDSCAPING

90302.00 - Purpose.

The purpose of this chapter is to insure that all development is aesthetically pleasing and compatible with the surrounding area by requiring the provisions for adequate landscaping in connection with new development and the expansion of existing development, as well as, changes in use. The purpose of the requirements contained herein is to define the standards for the design, installation, and management of landscaped areas in order to utilize available plant, water and land resources, to the greatest benefit of the people of Imperial County. Skillful planting and irrigation design, appropriate use of plants, and intelligent landscape management can assure landscape development that avoids excessive water demands and that is less vulnerable to periods of severe drought.

(Prior code § 90302.00)

90302.01 - General standards.

Landscaping shall be provided in accordance with the minimum conditions set forth herein, and shall meet the water conservation requirements also set forth herein.

Specific project approved landscaping requirements shall supersede these standards.

(Prior code § 90302.01)

90302.02 - Landscaping standards—Mobile home/R.V. parks.

The following standards shall apply to landscaping in mobile home parks and recreational vehicle parks.

A.

A minimum of ten percent (10%) of the total developed lot area shall be landscaped. This ten percent (10%) is in addition to other required open space areas.

B.

Set back areas between streets and the perimeter fence of a mobile home/R.V. park, excluding approved driveway entrances and such other approved access points and public sidewalks, shall be landscaped. Within these areas trees shall be planted no further than fifty (50) feet apart and no closer than five feet from the edge of sidewalk. No material that will grow to a height of more than twelve (12) inches shall be planted between the curb edge and sidewalk.

C.

Within the interior of the mobile home/R.V. park at least one tree per space shall be required.

D.

Within each planter or landscaped area an irrigation system and live landscaping shall be provided and continually maintained.

E.

Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with artificial materials shall be considered hard surface and not qualify as part of the ten percent (10%) landscaping minimum requirement.

F.

Landscaping materials including trees, shrubs and ground cover should be the type suitable for the climatic conditions of the county of Imperial and shall be low volume water use plants.

G.

Minimum tree size or shrub size to be planted for any new development shall be of the five-gallon capacity or larger.

(Prior code § 90302.02)

90302.03 - Landscaping standards—Industrial uses.

The following standards shall apply to landscaping for industrial/manufacturing uses:

A.

Minimum of ten percent (10%) of the developed lot area shall be landscaped.

B.

Along any interior property line abutting a residentially zoned lot, parcel or area, trees shall be planted at least every twenty-five (25) feet in either individual planters or a maintained median planting area.

C.

Along any interior property line abutting commercially zoned lots, parcels or areas, trees shall be planted at least every fifty (50) feet.

D.

Within each planter or landscaped area, an irrigation system and live landscaping shall be provided and maintained.

E.

Planters or landscaped areas shall be provided within off-street parking areas at a minimum of five percent of the total parking area.

F.

Ornamental or landscaping rock and gravel areas, artificial turf, or other areas covered with other artificial materials shall be considered hard surface area but may be credited toward the minimum ten percent (10%) landscaping requirement.

(Ord. 1415 § 74, 2006)

90302.04 - Landscaping standards—Commercial uses.

The following standards shall apply to landscaping in commercial development areas, recreational development areas, and institutional development areas:

A.

A minimum of ten percent (10%) of the total developed lot or parcel area shall be landscaped.

B.

Along any interior property line abutting residentially zoned lots, parcels, or areas, trees shall be planted at least every thirty (30) feet in either individual planters or continual median type planter.

C.

Planters and/or landscaped areas shall be provided within all off-street parking areas at a minimum of five percent of the total parking area.

D.

Within each planter or landscaped area, an irrigation system and live landscaping shall be provided and maintained.

E.

Ornamental or landscaping rock and gravel areas, artificial turf or other areas covered with artificial materials shall be considered hard surfaces and may not be credited to the minimum ten percent (10%) requirement.

F.

Any commercial development abutting a sensitive receptor, as determined by the planning department shall be landscaped with trees spaced at no more than twenty-five (25) feet on center and shrubs, vines etc., equally spaced between the trees.

G.

All trees and shrubs planted shall be a minimum of five-gallon capacity or larger.

(Ord. 1415 § 76, 2006)

90302.05 - Landscaping standards—Multi-unit residential.

The following standards shall apply to landscaping in multi-unit residential developments.

A.

A minimum of fifteen percent (15%) of the total developed lot area shall be landscaped. This fifteen percent (15%) is in addition to any required park or open space area.

B.

Front and street side yard setback areas, excluding driveway entrances, maneuvering areas and public sidewalks, shall be landscaped.

Within these areas trees shall be planted no further than thirty (30) feet apart and no closer than five feet from the back of the sidewalk. No plant material that will grow to a height of more than twelve (12) inches shall be planted in the street right-of-way or between the curb edge and sidewalk.

C.

All interior open space area shall be landscaped with live landscaping, which shall be maintained.

D.

Planters and landscaped areas shall be provided within all off-street parking areas, not less than ten percent (10%) of the total parking area required for the development.

E.

Within each planter or landscaped area, an irrigation system and live landscaping shall be provided and maintained.

(Prior code § 90302.05)

The following standards apply to landscaping of single-unit residential developments.

A.

A minimum of twenty percent (20%) of the total developed lot area shall be landscaped.

B.

The front and street side yard setback areas, excluding approved driveway entrances and public walkways, shall be landscaped.

Within this area, trees shall be planted no further than thirty (30) feet apart and no closer than five feet from the back side of sidewalks. No plant material that will grow to a height of more than twelve (12) inches shall be planted within the street right-of-way or between the curb edge and sidewalk edge.

(Prior code § 90302.06)

90302.07 - Plot plan required.

No landscaping or irrigation system required to be provided by this chapter shall be installed until a landscaping plot plan has been submitted to and approved by the planning department. No final inspection or inspection approval for the development shall be granted by the county until the adequate landscaping is provided.

(Prior code § 90302.07)

All required landscaping shall be maintained to meet the intent of this chapter and state law.

(Prior code § 90302.08)

These requirements herein shall be applicable to all new and rehabilitated landscaping for industrial, commercial, and institutional developments; to multifamily residential common areas, and to all housing developments. Homeowner provided landscaping for single-family residences and duplexes are excluded.

(Prior code § 90302.09)

To assure that the purpose of this chapter is carried out, improvement plans and building permits will not be issued until a submittal of a landscaping plot plan conforming to the specific provisions of this chapter has been approved.

(Prior code § 90302.10)

The board of supervisors of Imperial County ("board") or its designee may authorize conditional exceptions to any of the design and improvements standards in this chapter, unless state law specifically states that an exception cannot be granted. Such exceptions may be granted if the board finds, in writing, that the

proposed design or improvement is in substantial compliance with the purpose and intent of the standard to be expected.

(Prior code § 90302.11)

This division is enacted by the county of Imperial pursuant to the requirements of the state of California (Gov. Code 65591 through 65000). The board of supervisors adopts this chapter and finds that this is a state mandate to comply with the county water conservation landscaping requirements.

(Prior code § 90302.12)

The following shall be submitted to the county of Imperial planning and development services department, for review and approval:

A.

Landscaping Plan. The planting plan shall be drawn on substantial paper (drafting cloth or blueline) in a clear and legible fashion.

1.

A scale of no smaller than one inch = ten (10) feet shall be used.

2.

Plan. The planting plans shall accurately and clearly identify:

a.

Landscape materials, trees, shrubs, groundcover, turf, etc. Planting symbols shall be clearly drawn and plants labeled by botanical name, common names, container size, spacing and quantities of each group of plants indicated;

b.

Property lines;

c.

Streets, driveways, walkways, and other paved areas;

d.

Building and structures including elevation if applicable;

e.

Natural features — rock outcropping, existing trees, shrubs, etc. — to remain;

f.

Tree staking, soil preparation details, and any other applicable details.

B.

Irrigation Plan. The irrigation plan shall be drawn on substantial paper (drafting cloth or blueline) in a clear and legible fashion.

1.

The scale shall be equal to that used for the planting plan.

2.

Plan. The irrigation plan shall accurately and clearly identify:

a.

Flow rate and P.S.I. at the point of connection;

b.

Coverage of all components of the irrigation system, including main and lateral lines;

c.

Valves;

d.

Controllers;

e.

Heads;

f.

Quick couplers;

g.

Head precipitation rates;

h.

Meter size;

i.

Moisture sensor devices;

j.

Rain switches;

k.

Backflow prevention device.

C.

Sloped Areas. Sloped areas shall be indicated by contour lines (this may be shown on grading plan).

D.

Soil Tests. A soils report may be required to be prepared by a soil testing company and submitted with the plans. Soil samples shall be collected after grading operations are conducted and prior to the installation of landscape materials. Soil samples shall be sufficiently numerous to account for any soil variations that may be present in the planting areas. At a minimum, the following shall be included:

1.

Soil infiltration;

2.

Soil texture test;

3.

Cation exchange capacity;

4.

Soil fertility including tests for nitrogen, potassium, phosphorous, pH, organic matter and specific conductance (E.C.).

Amendments shall be added to correct for problems as noted by the soils report. A copy of the soils report shall be attached to the irrigation schedule which will be delivered to the owner and controller operator.

E.

Water Use. Estimated plant water use calculations for each planting area shall be submitted with the planting plan.

F.

Irrigation Schedule. An annual irrigation program with a minimum four-season water schedule shall be required for both the plant establishment period and established landscape. The water schedule shall include run time and frequency of irrigation for each station. The total average planted area precipitation shall not exceed thirty (30) inches/year for established landscapes (see Section 90302.15). A copy of the schedule shall be delivered to the owner.

(Ord. 1415 § 78, 2006; prior code § 90302.13)

A.

Irrigation systems shall be designed so that the application rate does not exceed the infiltration rate of the soil, and will minimize overspray and runoff. The designer shall refer to Section 90302.18, and the results of the soil tests to meet these design criteria. In general, low volume sprinkler heads; drip emitters and pressure compensation bubblers shall be used throughout the system.

B.

Irrigation stations shall be separated (e.g., drip vs. overhead spray systems). Additional control valves shall be installed to account for different site specific characteristics (i.e., full sun/full shade, level/sloping, shrubs/lawns, street trees, etc.).

C.

Maximum sprinkler spacing for both turf and non-turf areas shall be fifty percent (50%) of the diameter of the throw. (Example: thirty (30) foot diameter nozzle should be no more than fifteen (15) feet apart). Spacing of sprinklers shall take into account on-site wind conditions.

D.

All irrigation systems shall be operated by an automatic controller. At a minimum, each controller shall have a rain shutoff operation, a fourteen (14) day calendar, two independent programs, and three cycles/day capabilities.

E.

The irrigation system shall be designed to allow a complete watering cycle within a fourteen (14) hour period.

F.

All turf areas shall utilize either pop-up rotary impact heads or spray heads with a minimum riser height of five inches.

(Prior code § 90302.14)

90302.15 - Plant selection.

A.

Water Use Criteria. All landscapes shall comply with the following water use criteria:

1.

The maximum amount of water that can be applied per year to any landscape shall average no greater than thirty (30) inches of supplemental water.

The planted area shall balance the water demands of different plant species to create an overall landscape which requires a moderate amount of water. For design purposes, planting area shall be defined as low use, medium use, or high use areas (refer to Section 90302.19 for a list of low, medium and high use plants). Water use values (Table I) below reflect the relative water use of each type of planting area. To check a landscape design for compliance, multiply the water use value by its respective planting area.

Example: Assume a two-acre landscape plan consists of twenty percent (20%) high use plants (turf), fifty percent (50%) medium use plants, and thirty percent (30%) low use plants.

Since the sum of water use factors is less than the area (two acres), the design is acceptable. If the sum of the water use factors exceeded two, the design would not be acceptable, and the designer would be required to substitute some high use species with low or medium use species to reduce the sum of water use factors to two or less.

Table I

Water use calculations including plant key, and planting area shall be shown on the planting plan according to the format in the following example:

Assume a landscape design involves two thousand six hundred (2,600) square feet of planting area. The planting area consists of six hundred (600) square feet of Cistus purpureus (CP), six hundred (600) square feet of Nerium oleander (NO), four hundred (400) square feet of Pittosporum tobira (PT), Juniperus horizontals (JH), and Liquidamber styraciflue (LS), and one thousand (1,000) square feet of turf.

Water Use Calculations

Water Use Factor

1.

Turf Selections and Use. Turf shall not be permitted in planted areas ten (10) feet or less in width, or in medium strips.

2.

Non-Turf Selections.

a.

Plants selected for use in non-turf areas should be well suited or adaptable to the climate of this region. Plants shall be grouped according to their water needs and irrigated separately. Species of different water needs may be grouped (i.e., low with medium and medium with high) but the highest water use value of the two shall be used to determine compliance with the ordinance. Low and high use species may not be used in the same irrigation area.

b.

A minimum of three inches of an organic mulch shall be placed in shrub areas on the soil surface after planting. Nonporous materials shall not be placed under the mulch.

(Prior code § 90302.15)

Upon completion of the installation of the landscaping, the designer shall certify that the landscape complies with all county water conserving landscape requirements. Certification shall be accomplished by completion of a certificate of compliance on a form approved by the planning and development services department. Failure to submit a complete and accurate certificate of compliance will delay final approval of the project.

(Ord. 1415 § 80, 2006)

A.

For each subdivision with three or more model homes, the developer shall submit a landscape plan and install landscaping for one model home which incorporates the county's water conserving landscape requirements. The intent of this requirement is to demonstrate to prospective home buyers the feasibility and aesthetic qualities of water conserving landscape design.

B.

Signs identifying aspects of the landscape design and irrigation shall be placed around the model. These signs should be clearly marked on the landscape plan for the model. The following criteria shall be used in developing and placing the signs.

1.

Front Yard Sign Identifying Model. A sign, large enough to be visible from the street and sidewalk (at least two feet by two feet) shall be located in front of the model home. The sign shall indicate that the model is landscaped with water conserving plant materials and irrigation systems.

2.

Other Exterior Signs. A sign shall be placed within the landscaped area identifying the irrigation system used, the different sub-areas of the landscape, and any other features that contribute to the overall waterconserving theme.

3.

Interior Signs or Displays. A drawing, or combination of drawings, shall be displayed inside the model providing a schematic of the landscape. These drawings shall include a key identifying the plants in the yards. It is suggested that this schematic also be printed on a one-page handout to be available at the model or the sales office. The drawings could be a simplified rendering of the landscape plan itself, using common names rather than the Latin names for the plants. The drawing(s) should be colorful and easy to read.

Literature describing water conserving landscapes shall be available to individuals touring the model.

(Prior code § 90302.17)

90302.18 - Soils infiltration rates.

Infiltration Rate (IR) Inches/Hour

Note: Rates based on full cover. These figures decrease with time and percent of cover. Derived from USDA information.

(Prior code § 90302.18)

90302.19 - Relative water requirements of commonly used plants.

A list of plants that are commonly used in landscape designs with water requirement classifications of low (L), medium (M), or high (H), is available from the planning and development services department.

The list however should not be considered a complete list of plants that can be used in landscape projects. The list is provided to assist the landscape designer in choosing species of appropriate water demands to meet the requirements of this document, and to group species of similar water demands to facilitate efficient irrigation. To use species other than those listed, the designer may provide the county with information indicating the water requirement of the species. Information may include the listing of a plant in an acceptable reference stating its water requirement characteristics, comparing it to a species in the plant life, field data etc. Acceptable references include the "Sunset Western Garden Book"; "Trees and Shrubs for Dry California Landscapes," by Robert Perry; and "Water Wise Gardening," E.B.M.U.D.

(Ord. 1415 § 82, 2006)

90302.20 - Definitions.

Unless the context specifically indicates otherwise, the meaning of terms used in this chapter shall be as defined in this section.

"Amendment" means any material added to the soil to alter the pH or improve the physical properties of the soil.

"Application rate" means the rate of irrigation (inches per hour or gallons per minute) at which water is applied by an irrigation system.

"Automatic control valve" means a valve in an irrigation system which is activated by an automatic electric controller via an electric control wire.

"Automatic irrigation system" means an irrigation system that can be controlled without manual manipulation and which operates on a pre-set program.

"Contour" means a line drawn on a plan which connects all points of equal elevation above or below a known or assumed reference point.

"Controller" means an automatic timing device with enclosure, which signals automatic valves to open and close on a present program.

"Coverage" is a general term, used with respect to the spacing of sprinkler heads, which defines the manner in which water is applied.

"Cycle" in irrigation, means the complete operation of a controller station.

"Drip irrigation" means low volume irrigation.

"Grading" means earthwork performed to alter the natural contours of an area to be planted.

"Infiltration rate" means the rate (inches per hour) in which water moves through soil under natural conditions.

"Irrigation system" means a complete connection of system components, including the water source, the water distribution network, and the necessary irrigation equipment.

"Median" means a planted area which separates two roadways or divides a portion of a road into two or more lanes.

"Mulch" means materials such as bark or sawdust placed on the soil surface to retain moisture, retard weed growth, or prevent erosion.

"Overspray" means water which is discharged from a pop-up or spray head which lands outside of the planting area.

"P.S.I." means pounds per square inch gauge water pressure.

"Percolation" means the movement of water through soil.

"Permeability" means the quality of a soil, which allows water and air to pass through it.

"Planting area" means the parcel area less building pad(s), driveway(s), patio(s), deck(s), walkway(s) and parking area(s). Planting areas include water bodies (i.e., fountains, ponds, lakes) and natural areas.

"Planting plan" means a plan showing the features, contours, and dimensions of a plot of land, along with the location and dimensions of elements to be constructed.

"Point of connection" means point at which the irrigation system is connected to the public water system. This location is normally identified by the point at which a water meter is located or will be installed.

"Precipitation rate" means the amount of water, in inches per hours, discharged by a group of sprinkler heads.

"Rain shutoff" means a feature of an automated irrigation system, which interrupts the normal irrigation cycle when it detects a significant amount of rainfall.

"Rehabilitated landscape" means any planting area(s) in which landscape materials are replaced or modified. Examples include a change of plants or groundcover, installation of a new irrigation system, and grading modifications.

"Runoff" means water which is not absorbed by the soil to which it is applied. Runoff usually occurs when water is applied at too great a rate or when water is applied to a steep slope.

"Station" means a position on an automatic irrigation controller, which indicates the control point of automatic irrigation valves.

"Tensiometer" (or "moisture sensor") means an instrument for measuring the moisture content of the soil and capable of interrupting the cycle irrigation when excessive or adequate moisture is detected.

"Toe" or "slope" means a horizontal section located at the base of a slope.

(Prior code § 90302.20)

Chapter 3 - LOT/PARCEL CONFIGURATION

90303.00 - Purpose.

The purpose of this chapter is to delineate minimum standards for the creation of new lots through the subdivision procedure and to clarify the requirements of substandard lots.

(Prior code § 90303.00)

90303.01 - Lot size.

Each new lot/parcel created shall meet the minimum size established within the designated zone. In all cases the lot size, shall be the computation of the total lot area exclusive of public right-of-ways, easements and other restricted areas.

(Prior code § 90303.01)

90303.02 - Length to width ratio.

Any new lot shall not exceed a length to width ratio of more than four to one.

(Prior code § 90303.02)

Chapter 5 - DENSITY BONUS

The purpose of this chapter is to implement the general plan policies and state law requirements for density bonuses within specified residential projects.

Under the policies of the county's general plan a density bonus of not to exceed twenty percent (20%) may be allowed for specified residential projects that provide complete infrastructure improvements including community water distribution and sewer collection, as well as, treatment systems. Under State law, a density bonus of twenty-five percent (25%) may be granted for specified residential projects of five or more units

within which at least twenty-five percent (25%) of the units are affordable to persons and/or families of low or moderate income and/or ten percent (10%) of the units are affordable to lower income households. Only one of the above density bonuses may apply to any qualifying project and they may not be used cumulatively.

(Prior code § 90305.00)

The provisions of this chapter may be applied only to qualified low income, very low income, or elderly housing projects in the R-1 (single-family dwelling zone) and/or the R-2 (two-family dwelling unit zone) or R-3 (multifamily dwelling zones) and then only if both central water and central sewer are provided as part of the project.

(Prior code § 90305.01)

90305.02 - Density bonuses for residential projects.

A.

A density bonus of up to twenty percent (20%) of the maximum density specified by the applicable general plan land use category may be allowed for residential project with fifty (50) or more units located within the medium density residential R-2, or the high density residential R-3 or the mobile home park zone, if and only if this residential project provides adequate and full time on-site day care facilities for the care of children. Within the review approval process provisions shall be made to provide for the on-going program, which shall become part of the conditions of approval and may be applied under an association agreement, property owners association or any other mechanism determined legal by county counsel.

B.

A density bonus of up to twenty percent (20%) of the maximum density specified by the applicable general plan land use category may be allowed for any residential project of twenty (20) or more units located in the low density residential R-1, medium density R-2, high density R-3 or mobile home park zone, if the residential project provides complete public infrastructure improvements, including all streets, street right-of-ways, roads, curbs, gutters, sidewalks, drainage facilities, and community water distribution and treatment, as well as, sewage collection and treatment systems.

1.

If the density bonus provided for by this subsection is used for a qualifying project, no other density bonuses may be applied to the same project.

2.

The residential project qualifying for this category density bonus, shall comply with all regulations of the zone applicable for the area within which it is to be located. All other requirements of this title and all other requirements and regulations of the county of Imperial, as well as the state of California shall be adhered to and no exception shall be made.

If any of the improvements mentioned under subsection B of this section are not included then the density bonus under this section shall not be allowed.

C.

A density bonus of twenty percent (20%) of the maximum density specified by the applicable general plan land use category may be allowed for any new residential project, or condominium conversion project containing ten or more units located within the low density residential R-1, medium density residential R-2, high density residential R-3, or mobile home park zone district, if at least thirty percent (30%) of the total number of units in the residential development will be affordable to persons and/or families of lower moderate income, as defined in the California Health and Safety Code. As an alternative, if at least ten percent (10%) of the total number of units within the residential development will be affordable to the lower income households, as defined within California Health and Safety Code.

1.

Residential projects qualifying for this density bonus shall comply with all other regulations of the zone, or area within which it is to be located, and all other requirements of this chapter, as well as, all requirements and regulations of the county of Imperial and the state of California.

2.

If the density bonus provided by this chapter is used for qualifying a project, no other density bonus may be applied for the same project.

(Prior code § 90305.02)

90305.03 - Density bonus permit required.

No development may occur pursuant to this chapter until all provisions including the application for the density bonus permit have been submitted and approved. The density bonus permit have been submitted and approved. The density bonus application must be submitted concurrently with and be part of a subdivision and/or specific plan.

(Prior code § 90305.03)

90305.04 - Preliminary review.

Prior to submittal of a formal application for a density bonus permit, pursuant to this chapter, and/or prior to submitting a formal application for a tentative map or conversion of apartments to condominiums, an applicant shall submit to the planning department a preliminary proposal, in writing, for the residential project or condominium project. The planning department shall within ninety (90) days of receipt of the written proposal notify the applicant, in writing, of the procedures and the applicant shall follow the procedures in detail.

(Prior code § 90305.04)

90305.05 - Density bonus permit application content.

An application for a density bonus permit shall include all information required under Section 90104.00. At a minimum this application shall include the following:

A.

Name and address of applicant;

B.

Name and address of property owners;

C.

Address and Assessor's parcel number or numbers;

D.

Legal description;

E.

A site development plan, drawn to scale as specified by the planning and development services department, which includes at a minimum:

1.

Topography,

2.

Proposed street system and parking areas,

3.

Lot design,

4.

Location of buildings,

5.

Location of other proposed uses,

6.

Proposed setbacks,

7.

Areas to be reserved for parks, schools, or other public facilities,

Proposed landscaping,

9.

Water supply and distribution,

10.

Sewage collection and disposal,

Drainage,

North orientation;

F.

A narrative description of the proposed development which must include:

1.

Total number of dwelling units, as well as, the number of dwelling units per acre,

2.

Number of dwelling units to be made available to persons of lower or moderate income or lower income households, if applicable,

3.

Methods of maintaining the affordability of the units described,

4.

Building coverage expressed in a percentile of the total area of the property,

5.

Area of land devoted to landscaping or open area,

6.

Method of sewage disposal,

7.

Water supply for both domestic, as well as, fire protection and irrigation,

8.

The proposed on-site drainage plan,

The proposed method of flood control, if appropriate,

10.

Phasing, if applicable.

(Ord. 1415 § 84, 2006; prior code § 90305.05)

All definitions are those as contained in the Health and Safety Code or within Division 14 of this title.

(Prior code § 90305.06)

Representatives from the enforcement agency (planning and development services department) shall have the right to enter upon any premise at reasonable times to make inspections and tests for the purpose of such enforcement, administration of this chapter. If any such premises are occupied, the representative shall first present proper credentials before requesting entry. If the same is unoccupied the representatives shall make a reasonable effort to locate the owner and other persons having charge or control to request entry. If such entry is refused, the representative shall have recourse and remedies as provided for by law.

(Ord. 1415 § 86, 2006)

If it is the determination by the planning and development services department that the project is or may not be in full compliance with any one or all of the sections of this chapter specified herein, the issue shall be brought immediately to the appropriate enforcement agency or the planning commission/board of supervisors for hearing to consider appropriate response including but not limited to the revocation of the density bonus and/or other incentives. The planning and development services department in the county of Imperial is and has the principle responsibility to coordinate all monitoring, permitting activities for major subdivision projects. This does not mean that the planning and development services department will exclusively do all the monitoring, but rather will draw upon and coordinate with all involved agencies for the monitoring reporting program. On an annual basis the owner of the project shall provide to the department, a report relating to compliance with the conditions specified by this chapter and the project approval.

(Ord. 1415 § 88, 2006)

Chapter 6 - MIXED-USE FLEXIBILITY

A.

General. The mixed-use flexibility zone is established with the following intents and purposes:

To encourage a mixture of compatible and synergistic land uses, such as residential with compatible nonresidential uses including office, retail, personal services, public spaces and other community amenities. These uses are allowed as cither:

a.

Singular, stand-alone uses that contribute to a mixture of uses within the zone; or

b.

Combined uses in one project as a mixed-use development.

2.

To strengthen the interaction between residential, commercial and employment uses in order to reduce dependency on automobiles, improve air quality, decrease urban sprawl, facilitate use of transit and encourage conservation of land resources.

3.

To provide opportunities for transit-oriented development.

4.

To revitalize deteriorating commercial areas by integrating residential uses and public institutions into the commercial fabric to create an active street life and enhance the vitality of businesses.

5.

To provide alternatives to new development of small shopping centers.

6.

To foster pedestrian-oriented activity nodes by providing a mix of uses in compact, walkable areas.

7.

To increase the area available for residential development and provide alternative types of housing.

8.

To provide appropriate locations for a broad range of live/work activities to occur.

9.

To encourage medium- and high-density residential development to occur in close proximity to employment and services.

10.

To allow for a greater variety of land uses and structures, including adaptive reuse of existing structures and flexibility in site planning.

B.

Zones Established. Two base zones are identified for mixed-use flexibility (C1 light commercial and C-2 general commercial) to provide development opportunities for integrated, complementary residential and commercial development on the same parcel or a contiguous group of parcels. Singular, stand-alone uses are permitted when they foster an overall mixture of uses in the zone. A wide range of uses is permitted, and it is the intent of these zones to foster a mixture of product types. Development solely as commercial or residential districts is strongly discouraged. Design and development standards for all two zones are directed toward encouraging pedestrian activity and ensuring that mixed commercial and residential uses are designed to be compatible both within the development and with other surrounding areas.

(Ord. No. 1487, § 5, 7-2-13)

No new building, structure, outdoor dining area or sign exterior alteration or enlargement of an existing building, structure, outdoor dining area or sign shall be commenced in any mixed-use zone until design review approval has been granted pursuant to Division 3 (site and design standards).

(Ord. No. 1487, § 5, 7-2-13)

90306.03 - Site plan review permit and required findings.

A.

New development in the Mixed-use - light commercial (C1-MU) and general commercial use (C2-MU) zones is subject to a site plan review permit in accordance with Division 3 of the land use ordinance. Prior to submittal of a site plan review permit application, a pre-application conference with the planning division staff is encouraged.

B.

The planning department may approve a site plan review permit for new development in the C1-MU and C2MU zones upon making the following findings:

1.

The proposed development is consistent with the general plan, any applicable specific plans and the intent and purpose of the mixed-use zones.

2.

The proposed development, as conditioned, will not have substantial adverse effects on the surrounding property or uses, and will be compatible with the existing and planned land use character of the surrounding area.

3.

The proposed development is appropriate for the site and location by fostering a mixture and variety of land uses within the zone and the general vicinity and contributing to a synergistic relationship between uses.

(Note: Mixed-use zones that develop solely as commercial or residential uses do not meet the intent or purpose of their establishment at designated locations throughout the county.)

4.

The proposed development is harmonious with its surrounding environment. Buildings within a mixed-use development project must also be compatible with each other and be designed as an integrated, unified project. All proposed development must meet the design standards and guidelines in Division 3, (site and design standards).

(Ord. No. 1487, § 5, 7-2-13)

90306.04 - Development standards.

A.

General. Certain development standards may be subject to special conditions. These standards are provided here or as otherwise referenced. Under site plan review, more restrictive development standards may be applied by the planning and development services department.

(Ord. No. 1487, § 5, 7-2-13)

The purpose of this section is to facilitate high quality development within mixed-use zones. Innovative project design, particularly involving infill development and reuse of existing structures, is required. These standards and guidelines address site planning and building design, and are in addition to the development standards in Division 3, (development standards).

(Ord. No. 1487, § 5, 7-2-13)

The purpose of this section is to ensure that residential uses in mixed-use zones are not adversely impacted by adjacent commercial uses, including but not limited to traffic, noise, light and safety impacts. In the interests of both the residents and the businesses, no site plan review permit shall be approved for a project unless the project is designed to meet the following performance standards.

(Ord. No. 1487, § 5, 7-2-13)

Chapter 7 - FAIR HOUSING

This section provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Federal Fair Housing Act and the California Fair Employment and Housing Act (together, the acts) in the application of zoning laws and other land use regulations, policies, and procedures.

(Ord. No. 1487, § 6, 7-2-13)

90307.01 - Applicability.

A.

A request for reasonable accommodation may be made by any person with a disability, their representative, or any entity, when the application of a requirement of this Zoning Code or other county requirement, policy, or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment, or anyone who has a record of such impairment. This section is intended to apply to those persons who are defined as disabled under the acts.

B.

A request for reasonable accommodation may include a modification or exception to the rules, standards, and practices for the siting, development, and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

C.

A reasonable accommodation is granted to the household that needs the accommodation and does not apply to successors in interest to the site.

D.

A reasonable accommodation may be granted in compliance with this section without the need for the approval of a variance.

(Ord. No. 1487, § 6, 7-2-13)

90307.02 - Procedure.

A.

Application. A request for reasonable accommodation shall be submitted on an application form provided by the planning department or in the form of a letter to the planning director, and shall contain the following information:

1.

The applicant's name, address, and telephone number;

2.

Address of the property for which the request is being made;

3.

The current actual use of the property;

4.

The basis for the claim that the individual is considered disabled under the acts;

5.

The Zoning Code provision, regulation, or policy from which reasonable accommodation is being requested; and

6.

Why the reasonable accommodation is necessary to make the specific property accessible to the individual.

B.

Review with Other Land Use Applications. If the project for which the request for reasonable accommodation is being made also requires some other discretionary approval (including conditional use permit, development review, etc.), then the applicant shall file the information required by subsection [A] "Application" above together for concurrent review with the application for discretionary approval.

(Ord. No. 1487, § 6, 7-2-13)

90307.03 - Review authority.

A.

Director. A request for reasonable accommodation shall be reviewed by the director if no approval is sought other than the request for reasonable accommodation.

B.

Other Review Authority. A request for reasonable accommodation submitted for concurrent review with another discretionary land use application shall be reviewed by the authority reviewing the discretionary land use application.

(Ord. No. 1487, § 6, 7-2-13)

A.

Director Review. The director shall make a written determination within forty-five (45) days of the application being deemed complete and either grant, grant with modifications, or deny a request for reasonable accommodation.

B.

Other Review Authority. The written determination on whether to grant or deny the request for reasonable accommodation shall be made by the authority responsible for reviewing the discretionary land use application in compliance with the applicable review procedure for the discretionary review.

(Ord. No. 1487, § 6, 7-2-13)

90307.05 - Approval findings.

The written decision to grant or deny a request for reasonable accommodation will be consistent with the acts and shall be based on consideration of the following factors:

A.

Whether the housing in the request will be used by an individual considered disabled under the acts;

B.

Whether the request for reasonable accommodation is necessary to make specific housing available to an individual considered disabled under the acts;

C.

Whether the requested reasonable accommodation would impose an undue financial or administrative burden on the county;

D.

Whether the requested reasonable accommodation would require a fundamental alteration in the nature of a county program or law, including but not limited to land use and zoning;

E.

Potential impact on surrounding uses;

F.

Physical attributes of the property and structures; and

G.

Other reasonable accommodations that may provide an equivalent level of benefit.

(Ord. No. 1487, § 6, 7-2-13)

90307.06 - Conditions of approval.

In granting a request for reasonable accommodation, the review authority may impose any conditions of approval deemed reasonable and necessary to ensure that the reasonable accommodation would comply with the findings. The conditions shall also state whether the accommodation granted shall be removed in the event that the person for whom the accommodation was requested no longer resides on the site.

(Ord. No. 1487, § 6, 7-2-13)

Division 4 - SIGNS, PARKING, FENCE, HOME OCCUPATIONS, ACCESSORY DWELLING UNITS, AND CANNABIS AND INDUSTRIAL HEMP OPERATIONS[[1]]

Footnotes:

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Editor's note— Secs. 1 and 2 of Ord. No. 1565, adopted December 15, 2020, amended Div. 4, Chs. 1—6 in its entirety to read as herein set out. Former Div. 4, Chs. 1—6 pertained to the same subject matter, and

derived from Ord. No. 1551, adopted October 15, 2019.