Earlier editions: 2026-09
Imperial County Municipal Code Ch. 4.32 New Development Impact Fees
Imperial County Municipal Code · 2026-10 edition · updated 2026-10-04 · Imperial County
Cite as: Imperial County Municipal Code Chapter 4.32 · Text as of 2026-10-04
4.32.010 - Title.¶
This chapter shall hereafter be known as the year 2006 development impact fees ordinance.
(Ord. 1418 § 2 (part), 2006)
4.32.020 - Purpose.¶
The purpose of this chapter is to enact Imperial County policies requiring new development in both the countywide and unincorporated areas of the county to supplement the fair share of the costs of public facilities, equipment and services necessitated by such new development.
Imperial County provides certain services on a countywide basis while others are provided only in the unincorporated areas of the county. For example, the Imperial fire department serves residential and nonresidential development in the unincorporated areas, providing fire protection and emergency medical services to residents and businesses.
In contrast, parks and recreation facilities serve all residents of the county, including those living in the incorporated cities and the unincorporated areas, by providing parkland, amenities, community centers and recreational facilities, and vehicles and equipment.
Some departments provide services to both areas, though with varying service levels in each area. For instance, general government services are provided to residents in both the incorporated and unincorporated areas in the following manner: health, youth and veterinary programs benefit residential development only, while the county's courthouse serves both residential and nonresidential development.
Similarly, the sheriff's department provides services to both areas. For example, the sheriff's department provides police services to unincorporated areas but also operates the county jail and coroner's office which are utilized by both incorporated and unincorporated areas of the county.
Finally, the library district provides services only within its own pre-established boundaries. The library impact fee includes components for library facilities, land, and books and media collections.
As a result, all development impact fees are to be assessed based on the demand for services.
(Ord. 1418 § 2 (part), 2006)
4.32.030 - Definitions.¶
When the following words or phrases are used in this chapter, they shall have the meaning ascribed to them in this section.
"Applicants for building permits" means any applicant for a building permit that has not previously filed for a permit.
"County" means the county of Imperial.
"Countywide" means both residential and nonresidential developments within all areas throughout the county of Imperial.
"Current service level (CSL)" means the current level of services being provided to residential and nonresidential developments based on the demand for public facilities and/or the current conditions in the community, in both the countywide and unincorporated areas.
"Development impact fees (fees)" means any and all fees set out in this chapter which help mitigate the impacts that new development has upon the CSL being provided by the county of Imperial in accordance with Government Code Section 66000 et seq.
"Director" means the director of planning and development services department of the county of Imperial.
"Facilities" means any public improvement, long-term capital facilities, public services, community amenities and equipment used by public agencies in providing a CSL directly or through contract to the public in both the countywide and unincorporated areas of the county.
"Multifamily dwelling" is any structure or portion thereof that contains three or more dwelling units and, for the purpose of this chapter, includes residential condominiums.
"New development" means all construction that causes an increase in residential dwelling unit(s) and/or an increase in nonresidential square footage greater than five hundred (500) square feet.
"Single-family dwelling" is any structure or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation as required by the Uniform Building Code, for not more than one family unit.
"Unincorporated areas" means any and all areas not incorporated within a city and located within the county of Imperial's sphere of influence.
Except as stated in this section, the definitions of words used in this chapter shall be as defined in any relevant ordinances or codes (building), or otherwise defined in the Imperial County land use ordinance.
(Ord. 1434 § 2, 2008)
4.32.040 - Findings.¶
The board of supervisors, having reviewed and considered the TischlerBise Impact Fee Study for Imperial County—August 17, 2006, finds and determines that:
A. The county of Imperial seeks to protect public health, safety and general welfare by ensuring that adequate facilities and services are provided in both countywide and unincorporated areas.
B. It is county policy, by and through its general plan and the provisions of this chapter, to assure that necessary and adequate facilities required by new development projects are either available or will be made available as a condition of approval of such projects, and that the cost of providing such adequate facilities are collected on an equitable basis from the beneficiaries thereof.
C. The development impact fees (fees) will be used to expand or provide additional facilities as needed, to accommodate new development.
D. In order for the county to construct, acquire or expand on needed facilities, it is necessary to require that all new development bear its fair share cost of providing the facilities reasonably needed to serve that new development.
E. As indicated in the TischlerBise Impact Fee Study, the fees set forth herein will be used to recover the cost of development-related facilities, but only to the extent that the need for facilities is a consequence of new development that is subject to the fees, thereby ensuring that there is a reasonable relationship between the need for the facilities and the type of new development being assessed such impact fees.
F. Additionally, the county provides certain services on a countywide basis, while others are provided only in the unincorporated areas of the county. However, demand for services varies in these two areas, due to the fact that there are significant demographic differences between incorporated cities and the unincorporated areas. In order to reflect the differences in service provision and demand base in the two areas, four sets of fees are presented—one to be applied countywide, a second limited to the unincorporated areas, a third that reflects a combination of countywide and unincorporated areas, and a fourth set of fees that is for the library service district, which has its own boundaries.
G. Development impact fees are created for the foregoing purpose and reasons.
(Ord. 1434 § 4, 2008)
4.32.050 - Prior agreements and conditions of approval.¶
A. Any enacted enforceable agreement existing prior to the operative date of this chapter between an applicant for development and the county or county's sheriff department, public works department, parks and recreation department, fire department, the library district, or appropriate department for general government, pertaining to the dedication of land or payment of fees for facilities and equipment to serve the property which is the subject of the application, or any portion thereof, satisfies the requirements of this chapter. Developer shall present such evidence to the planning and development services department prior to the issuance of any building permit.
B. If land, facilities or equipment was dedicated and accepted by the county to the sheriff, public works, parks and recreation, fire or the library district as a condition of approval of a discretionary permit prior to the operative date of this chapter, such dedication or donation shall be considered as satisfying the requirements of this chapter for such discretionary permit. Developer shall present such evidence to the planning and development services department prior to issuance of any building permit.
(Ord. 1418 § 2 (part), 2006)
4.32.060 - Imposition of fees.¶
Fees shall be assessed and levied upon any owner of real property located in the unincorporated and countywide areas in connection with new development such as: adding one or more dwelling units to such property, including the construction of a new dwelling unit or the installation of a manufactured home on the property; adding industrial (or agricultural related), commercial, or office units to such property; constructing an addition beyond five hundred (500) square feet of chargeable space to an existing industrial (or agricultural related), commercial or office structure on the property; or converting a land use to a more intensive use on such property thereby creating a greater need for infrastructure facilities. Said fees are to be in amounts determined necessary to fund the acquisition and development of facilities required to serve the cumulative needs of those persons residing, working or studying in or otherwise using such units or property as outlined in the TischlerBise Impact Fee Study.
(Ord. 1434 § 6, 2008)
4.32.070 - Amount of fees.¶
The amount of the fees assessed and levied pursuant to the provisions of this chapter shall be as set forth in the tables below, except as reduced by a credit pursuant to Sections 4.32.090 and 4.32.100 or exempted by Section 4.32.110 and shall be applicable as to all projects of the types as specified in Section 4.32.060 for which application is made for a permit on or after the effective date of the ordinance codified in this chapter. 1
1 With regard to all sums and products please refer to TischlerBise's Impact Fee Study dated August 17, 2006 and Appendix 3: Rounding.
Section 4.32.070 (A) Sheriff's Development Impact Fees
A.1 Residential (per housing unit)
| Countywide | Unincorporated | Total 2 | |
|---|---|---|---|
| Single-family | $619.00 | $317.00 | $936.00 |
| Multifamily | 484.00 | 243.00 | 727.00 |
| Mobilehome (private lot or park) 3 | 415.00 | 217.00 | 632.00 |
2 Due to rounding down, by the county, of both countywide and unincorporated fees the adopted amounts under the total column may be less than those illustrated in the TischlerBise Impact Fee Study.
3 With regard to the installation of manufactured homes in mobilehome parks and R.V. parks fees will be assessed only at the time a building permit for installation is approved for habitable space.
A.2 Nonresidential (per 1,000 SF)
| Countywide | Unincorporated | Total | |
|---|---|---|---|
| Comm 4 /Shop Ctr 5 50,000 SF 6 or less | $407.00 | $349.00 | $756.00 |
| Comm/ |
356.00 | 305.00 | 661.00 |
| Comm/ |
308.00 | 264.00 | 572.00 |
| Comm/ |
264.00 | 227.00 | 491.00 |
| Office/ |
166.00 | 142.00 | 308.00 |
| Office/ |
141.00 | 121.00 | 262.00 |
| Office/ |
120.00 | 103.00 | 223.00 |
| Medical-dental office | 326.00 | 280.00 | 606.00 |
| Hospital | 158.00 | 136.00 | 294.00 |
| Business park | 115.00 | 99.00 | 214.00 |
| Light industrial | 63.00 | 54.00 | 117.00 |
| Manufacturing | 34.00 | 29.00 | 63.00 |
| Warehousing | 44.00 | 38.00 | 82.00 |
| Elementary school | 131.00 | 112.00 | 243.00 |
4 Comm herein shall be an abbreviation for commercial.
5 Ctr herein shall be an abbreviation for center.
6 SF herein shall be an abbreviation for square foot.
7 Inst herein shall be an abbreviation for institutional.
A.3 Other Nonresidential (per unit)
| Lodging (per room) | $50.00 | $43.00 | $93.00 |
|---|---|---|---|
| Day care (per student) | 40.00 | 34.00 | 74.00 |
| Nursing home (per bed) | 21.00 | 18.00 | 39.00 |
Section 4.32.070(B) General Government Development Impact Fees
B.1 Residential (per housing unit)
| Countywide | Unincorporated | Total | |
|---|---|---|---|
| Single-family | $1,349.00 | $350.00 | $1,699.00 |
| Multifamily | 1,057.00 | 267.00 | 1,324.00 |
| Mobilehome (private lot or park) | 906.00 | 239.00 | 1,145.00 |
B.2 Nonresidential (per 1,000 SF)
| Countywide | Unincorporated | Total | |
|---|---|---|---|
| Comm/ |
$264.00 | $44.00 | $308.00 |
| Comm/ |
230.00 | 38.00 | 268.00 |
| Comm/ |
205.00 | 34.00 | 239.00 |
| Comm/ |
184.00 | 30.00 | 215.00 |
| Office/ |
383.00 | 64.00 | 447.00 |
| Office/ |
361.00 | 60.00 | 421.00 |
| Office/ |
340.00 | 56.00 | 396.00 |
| Medical-dental office | 374.00 | 62.00 | 436.00 |
| Hospital | 312.00 | 52.00 | 364.00 |
| Business park | 291.00 | 48.00 | 339.00 |
| Light industrial | 213.00 | 35.00 | 248.00 |
| Manufacturing | 165.00 | 27.00 | 192.00 |
| Warehousing | 118.00 | 19.00 | 137.00 |
| Elementary school | 84.00 | 14.00 | 98.00 |
B.3 Other Nonresidential (per unit)
| Lodging (per room) | $40.00 | $6.00 | $46.00 |
|---|---|---|---|
| Day care (per student) | 14.00 | 2.00 | 16.00 |
| Nursing home (per bed) | 33.00 | 5.00 | 38.00 |
Section 4.32.070(C) Fire Development Impact Fees
C.1 Residential (per housing unit)
| Unincorporated | |
|---|---|
| Single-family | $1,273.00 |
| Multifamily | 977.00 |
| Mobilehome (private lot or park) | 871.00 |
C.2 Nonresidential (per 1,000 SF)
| Comm/ |
$501.00 |
|---|---|
| Comm/ |
438.00 |
| Comm/ |
389.00 |
| Comm/ |
351.00 |
| Office/ |
728.00 |
| Office/ |
686.00 |
| Office/ |
647.00 |
| Medical-dental office | 710.00 |
| Hospital | 593.00 |
| Business park | 554.00 |
| Light industrial | 405.00 |
| Manufacturing | 314.00 |
| Warehousing | 224.00 |
| Elementary school | 161.00 |
C.3 Other Nonresidential (per unit)
| Lodging (per room) | $77.00 |
|---|---|
| Day care (per student) | 28.00 |
| Nursing home (per bed) | 63.00 |
Section 4.32.070(D) Parks and Recreation Development Impact Fees (Countywide)
D.1 Residential (per housing unit)
| Total | |
|---|---|
| Single-family | $452.00 |
| Multifamily | 354.00 |
| Mobilehome (private lot or park) | 303.00 |
SSection 4.32.070(E) Public Works Development Impact Fees (Unincorporated)
E.1 Residential (per housing unit)
| Total | |
|---|---|
| Single-family | $1,894.00 |
| Multifamily | 1,453.00 |
| Mobilehome (private lot or park) | 1,296.00 |
E.2 Nonresidential (per 1,000 SF)
| Comm/ |
$1,857.00 |
|---|---|
| Comm/ |
1,625.00 |
| Comm/ |
1,407.00 |
| Comm/ |
1,207.00 |
| Office/ |
757.00 |
| Office/ |
645.00 |
| Office/ |
550.00 |
| Medical-dental office | 1,491.00 |
| Hospital | 725.00 |
| Business park | 526.00 |
| Light industrial | 287.00 |
| Manufacturing | 157.00 |
| Warehousing | 204.00 |
| Elementary school | 598.00 |
E.3 Other Nonresidential (per unit)
| Lodging (per room) | $232.00 |
|---|---|
| Day care (per student) | 184.00 |
| Nursing home (per bed) | 97.00 |
Section 4.32.070(F) Library Service District Development Impact Fees
F.1 Residential (per housing unit)
| Total | |
|---|---|
| Single-family | $387.00 |
| Multifamily | 368.00 |
| Mobilehome (private lot or park) | 279.00 |
(Ord. 1434 § 8, 2008)
4.32.080 - Fee adjustment.¶
Commencing on October 1, 2007, any and all fees as established and imposed by this chapter may be increased on October 1st of each subsequent year based upon the Engineering News Record Building Cost Index for Los Angeles Metropolitan Area (BCI) unless the fees are otherwise adjusted by the board of supervisors. The county executive officer shall compute the percentage increase, if any, between the BCI on July 1st of each year and the July 1st BCI for the previous year. The county executive officer shall then adjust by such percentage the fees established and imposed by this chapter. The fees shall not be reduced. The adjusted amounts shall be rounded to the nearest dollar. These amounts shall constitute the fees authorized pursuant to this chapter. Should the BCI be revised or discontinued, the county executive officer shall use the revised index or a comparable index, as approved by the board of supervisors, for determining fluctuations in the cost of development. Nothing herein shall prevent the board of supervisors from electing to retain existing fees or from electing to waive the inflation adjustment for any given fiscal year.
(Ord. 1418 § 2 (part), 2006)
4.32.090 - Reduction for senior citizen's residential units.¶
The fees required pursuant to Section 4.32.070(A) through 4.32.070(F) of this chapter shall be reduced by sixty percent (60%) of the applicable fee.
(Ord. 1418 § 2 (part), 2006)
4.32.100 - Credits.¶
Fees required for any development project may be reduced by the following credits:
A. An individual fee component shall be reduced by the amount paid for similar facilities fee pursuant to the terms of a development agreement.
B. The county may grant to owners or developers of real property, a credit against the specific components of fees that would otherwise be charged pursuant to this chapter, for the dedication of land or the construction of facilities identified in the public facilities needs list. The amount of the credit granted shall be determined by an estimate of the costs of constructing such facilities or by an estimate of the fair market value of the land dedicated. The county shall review and determine the actual construction costs allowable or the actual value of the land dedicated. No credit shall be given against the fees for costs not defined herein as "Facilities." Any credit granted by the county shall be given in stated dollar amounts only. An applicant for development approval may apply for credit to reduce the amount of the fees required to be paid at the time of development approval by the county. Any credit granted and the amount of the fees to be paid shall be included as a condition of approval for development. If an applicant has received development approval from the county and has not previously applied for a credit to reduce the amount of the fees required to be paid, an applicant may apply for such credit with the county executive officer prior to the issuance of a building permit and the county executive officer shall make a recommendation thereon to the board of supervisors. The board of supervisors shall determine the amount of any credit to be allowed. The applicant shall be given notice of the county executive officer's recommendation and the time when the board of supervisor's will consider the matter. The applicant may appear and present evidence with regard to the requested credit.
(Ord. 1434 § 10, 2008)
4.32.110 - Exemptions from development impact fees.¶
The following types of construction shall be exempt from the provisions of this chapter:
A. Where the structure is owned by the county of Imperial.
B. Where the structure is a building, or is within a building, which is being reconstructed following damage or destruction by fire or other casualty, or the voluntary demolition thereof, provided that the number of dwelling units or the amount of chargeable space in such reconstructed structure is not greater than the number of dwelling units or the amount of chargeable space in the structure prior to such damage, destruction or demolition.
C. Residential units in publicly subsidized projects constructed as housing for low-income households, as such households are defined pursuant to Section 50079.5 of the Health and Safety Code. "Publicly subsidized projects," as the term is used herein, shall not include any project or project applicant receiving a tax credit provided by the state of California Franchise Tax Board.
D. Where there is construction of a single-family dwelling unit so as to replace a mobilehome, previously installed pursuant to installation permit, and where such mobilehome will no longer be located on such property, applicant shall not be required to pay for the fees specified in this chapter.
E. Applicants who have expired building permits, under which construction has commenced, are not required to pay the fees specified in this chapter provided that project is a duplicate of the original.
(Ord. 1434 § 12, 2008)
4.32.120 - Payment of fees.¶
A. Time of Payment. The fees assessed and levied pursuant to the provisions of this chapter shall be due and payable prior to or at time of issuance of a building permit.
B. Collection of Payment. The appropriate fees shall be collected, as specified in Sections 4.32.070(A) through (F), by the planning and development services department for all unincorporated areas, and in the incorporated cities and library district areas, as assigned by the respective city pursuant to the master tax sharing agreement or other applicable agreement.
C. Administration Costs. All fees collected by the county shall be assessed an additional thirty-five dollars ($35.00) administrative processing collection fee to be paid to the planning and development services department. Said administrative fee shall be used to offset the expense of collection, recording, accounting and any other costs associated with implementing and establishing such fees.
(Ord. 1434 § 14, 2008)
4.32.130 - Appropriation and deposit of fees.¶
All revenues from the fees assessed and levied pursuant to the provisions of this chapter shall be deposited in separate funds or accounts by type corresponding to the facilities for which the fees were assessed and levied in accordance with Section 66006 of the Government Code and all other applicable provisions of law. Thereafter, such revenues shall be appropriated and used only for the acquisition and/or development of those public facilities necessitated by new development.
(Ord. 1418 § 2 (part), 2006)
4.32.140 - Reporting.¶
A. Disposition of Fee Revenue. Report by the auditor/controller. Within one hundred eighty (180) days after the last day of each fiscal year the auditor/controller of the county of Imperial shall make available to the public a report regarding each separate account or fund established pursuant to this chapter in accordance with Government Code Section 66006(b)(1). The board of supervisors shall then review the report, in compliance with the requirements of Government Code Section 66006(b)(2).
B. Unappropriated Revenues. Action by the board of supervisors. For the first fiscal year following the first deposit into any such account or fund, and every five years thereafter, the board of supervisors shall make the findings required by Government Code Section 66001(d) with respect to that portion of the account or fund remaining unexpended or shall refund the moneys in the account or fund as provided in Government Code Section 66001(e).
(Ord. 1418 § 2 (part), 2006)
4.32.150 - Validity.¶
This chapter and the various parts, sections and clauses thereof are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid, the remainder of this chapter shall not be affected thereby. If any part, sentence, paragraph, section or clause of this chapter, or its application to any person or entity, is adjudged unconstitutional or invalid, such unconstitutionality or invalidity shall effect only such part, sentence, paragraph, section or clause of this chapter, or person or entity; and shall not affect or impair any of the remaining provisions, parts, sentences, paragraphs, sections or clauses of this chapter, or its application to other persons or entities. The board of supervisors declares that this chapter would have been adopted, had such unconstitutional or invalid part, sentence, paragraph, section or clause of this chapter not been included herein; or had such person or entity been expressly exempted from the application of this chapter.
(Ord. 1418 § 2 (part), 2006)
Get a plain-English answer with a citation back to this text.
Ask AI about this code