Imperial County Municipal Code § 90305.00 Purpose

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)

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.

3. 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)

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)

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)

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,

8. Proposed landscaping,

9. Water supply and distribution,

10. Sewage collection and disposal,

11. Drainage,

12. 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,

9. 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)