Chapter 4 — HEARING/PROCEDURES — Imperial County Zoning Code

90104.00 - Application form and content.

Each application for a land use permit shall be filed with the planning and development services department in the proper form and format required by the county. The department shall make all required forms available to the applicant and at a minimum shall require the following information:

Applications (general):

1.

Applicant's name, address and telephone number;

2.

Property owner's name, mailing address and telephone number;

3.

Legal description of property;

4.

Assessor's parcel number(s);

5.

Specific explanation of requested action, i.e., detailed project description;

6.

Signature of applicant; and if not property owner, signature of owner(s) or an owner's affidavit;

7.

Preliminary title report no more than six months old (on specific projects);

8.

General indemnification agreement and payment of fees agreement;

9.

Any supporting documentation necessary for staff to adequately review request.

B.

Site Plan. Every application for a land use permit shall include a detailed "site plan." The site plan shall include such information deemed necessary by the planning and development services department, and at a minimum shall include the following:

1.

All property boundary lines;

All property boundary dimensions;

3.

All existing structures (below and above ground);

4.

All proposed structures (below and above ground);

5.

Distance from all structures to property lines and between structures;

6.

North orientation;

7.

Scale;

8.

Access from adjacent street/road;

9.

All utility locations, (i.e., electrical, plumbing);

10.

Name and telephone number of person(s) preparing plan;

11.

Location of known hazard areas, if any;

12.

Assessor's parcel number;

13.

Public use easement, if any;

14.

Parking;

Drainage.

The site plan shall be drawn upon substantial paper (eight and one-half inches by eleven (11) inches) using black ink, if eighteen (18) inches by twenty-two (22) inches or larger paper plans must include at least one digital version (in AutoCAD format or compatible with AutoCAD) of the plans. "Blue print," and one-piece xerox copies are acceptable. The department shall reject any site plan that is incomplete, inaccurate, illegible or otherwise unacceptable.

C.

On all applications for action under the Subdivision Map Act, the application shall at a minimum also include the following information:

1.

Engineer/surveyors name, address, license and telephone number;

2.

Preliminary title report on property;

3.

Name, address and telephone number of all parties with legal interest in the property.

All applications shall include the proper fee as required under Division 9 of this title.

(Ord. 1415 § 20, 2006)

(Ord. No. 1504, §§ 1, 2, 12-9-14)

90104.01 - Application procedure.

Every application submitted shall be deemed received on the date of submittal and shall be signed and dated by the department staff. The department shall within a maximum of thirty (30) days from receipt determine whether an application is complete or incomplete. Any application deemed complete shall be reviewed, processed by staff, and scheduled for the next hearing body as applicable under this division.

Any application deemed incomplete shall be returned to the applicant with a written letter of transmittal, explaining the reasons for the rejection.

A re-submittal of a rejected application shall be deemed the equivalent of a new application and all procedures and time frames shall be as a new application.

Under no conditions shall the department accept an incomplete application and commence processing it, unless and until all necessary information and supporting documentation is provided.

Failure of an applicant to submit the correct fees shall constitute an immediate rejection without further review.

(Prior code § 90104.01)

90104.02 - Hearing scheduling. ¶

The department shall schedule all projects for the appropriate decision-making body by allowing adequate review time for staff and responsible departments/agencies, yet within time limits established by law. Under no circumstances shall a project be heard by a decision-making body without all required noticing having been provided.

The department shall publish on an annual basis its schedule of planning commission dates, including therein, the last date an application may be deemed accepted for the specified commission hearing.

(Prior code § 90104.02)

90104.03 - Noticing (public/applicant).

The department shall strictly adhere to the following noticing requirement:

A.

planning director Action Projects. For projects for which the director is the authorized hearing officer, the following notice is to be provided:

1.

A one time publication in a newspaper of greatest circulation (within county) at a minimum of ten (10) days prior to the hearing date; and

2.

Direct mail notice to applicant, all parties of record interest, all parties having filed a written request to receive notices, all contiguous property owners; and, one of the following:

a.

In the R-1, R-2, R-3, R-4 zones, all adjacent property owners whose property is within five hundred (500) feet of the exterior boundary of the subject parcel,

b.

In the A-1, A-2, A-3, R-A, AM-1, AM-2, S-1 and S-2 zones, all adjacent property owners whose property is within one-half mile of the exterior boundary of the subject parcel,

c.

In all zones, except as specified in subdivisions (2)(a) and (b) of this subsection, all adjacent property owners whose property is within one thousand (1,000) feet of the exterior boundary of subject parcel.

B.

Projects Only to be Heard by the Environmental Evaluation Committee (EEC).

A one time publication in a newspaper of greatest circulation (within county) at a minimum of five days prior to hearing date; and

2.

Direct mail notice to applicant and any party having requested a notice in writing.

C.

Projects to be Heard by the planning commission.

1.

A one time publication in a newspaper of greatest circulation at a minimum of ten (10) days prior to hearing date; and

2.

Direct mail notice to applicant, all parties of record interest, all parties having filed a written request to receive notices, all contiguous property owners; and, one of the following:

a.

In the R-1, R-2, R-3, R-4 zones, all adjacent property owners whose property is within five hundred (500) feet of the exterior boundary of the subject parcel,

b.

In the A-1, A-2, A-3, R-A, AM-1, AM-2, S-1 and S-2 zones, all adjacent property owners whose property is within one-half mile of the exterior boundary of the subject parcel,

c.

3.

Posting the commission agenda at both the Courthouse and Administration Center at least ten (10) days prior to hearing.

D.

Projects to be Heard by the Board of Supervisors. The planning and development services department shall notice all projects scheduled before the board of supervisors, as provided under subsection C of this section inclusive.

(Ord. 1415 § 22, 2006; prior code § 90104.03)

90104.04 - Final decision.

Any decision made by a hearing body (planning director, planning commission, and/or board of supervisors) shall be deemed a final decision unless appealed to the next administrative hearing body as provided under Section 90101.10. No hearing body shall be allowed to re-hear or re-consider its decision, except as provided for under Section 90101.10.

(Prior code § 90104.04)

90104.05 - Appeal from decision.

A.

Any decision made by the planning director acting as the hearing officer on a project as authorized within this title may be appealed to the planning commission as provided in Section 90102.04.

B.

Any decision made by the planning commission, as shown in Section 90101.11, may be appealed to the board of supervisors, provided as follows:

Where an appeal is allowed by this title, any person may appeal the decision of the planning commission, provided such appeal meets the following requirements:

1.

A written appeal is filed within ten (10) calendar days from the planning commission's decision;

2.

The request is filed with the planning director;

3.

The requisite fees are included;

4.

The written appeal clearly states the following:

a.

Name of person(s) filing appeal,

b.

Address and phone number of person(s) filing appeal,

c.

Project/decision being appealed,

d.

Reason for filing appeal,

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

f.

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

g.

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

h.

Signature of appellant.

The planning director shall not accept an appeal if filed after five p.m. on the tenth calendar day from the planning commission decision date, and further shall not accept an appeal unless it is in writing and clearly states the information above. The planning director shall immediately submit a copy of such an appeal to the clerk of the board of supervisors and county counsel.

The planning director shall then schedule a hearing for a date and time for which required public notice can be provided.

The board of supervisors may deny the scheduling of an appeal hearing if it is determined that the appeal has no standing, or the appeal request does not provide the information required above, or the same policy, procedure or direction has already been heard by the planning director or planning commission in prior case(s).

In the event the board of supervisors elects not to schedule an appeal all appeal fees shall be returned to appellant.

Once an appeal has been scheduled by the board of supervisors, no appeal fees shall be refunded unless the board of supervisors votes to refund on a ⅘ vote.

C.

Any decision made by the board of supervisors shall be final with no further appeal to an administrative body, except as provided by law.

(Ord. 1368 § 2, 2003)

90104.06 - Appeal by a member of the board of supervisors.

No appeal from a planning commission decision may be filed by an individual supervisor on behalf of any party, except as follows:

A.

A board member may file an appeal, in the same manner that any appeal shall be filed under Section 90104.05(B); provided, however, that the board member shall not participate and vote on that project at time

of hearing before the full board.

B.

The board through a minute order may file an appeal of a planning commission decision, provided the board can make one or all of the following findings:

1.

The commission did not have all of the facts, or information available;

2.

The project is of regional significance and as such warrants a review by the board;

3.

The project approval/denial contained conditions, stipulations or agreements that only the board has authority to grant.

(Prior code § 90104.06)

90104.07 - Rehearing/reconsideration.

All re-hearings and/or re-considerations by a decision-making body are expressly prohibited except as provided under Section 90101.10.

(Prior code § 90104.07)

90104.08 - Investigation.

The planning director, the planning commission, or the board of supervisors may either upon the filing of an application or upon its own volition, initiate an investigation or research upon the matter under consideration. Such an investigation shall be an effort to obtain factual information that could then be used in the decisionmaking process.

(Prior code § 90104.08)

90104.09 - Right of entry.

The planning director and/or any planning and development services department employee so designated by the director, shall upon presentation of identification have the authority in the course of business to enter in or upon any parcel or building during normal business hours. For purpose of this title, normal business hours shall mean six a.m. to eight p.m., Monday through Saturday and eight a.m. to five p.m. on Sunday.

(Ord. 1415 § 24, 2006)

90104.10 - Continuance of hearing.

Any scheduled hearing may be continued by the hearing body. If a continuance is granted it shall be for a specific date and time, and no continuance shall be granted that would cause the project to be heard beyond a statutory time limit.

(Prior code § 90104.10)