Imperial County Municipal Code Ch. 2 Planning and Development Services Department

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

(Prior code § 90102.00)

There is established a planning and development services department. A planning director shall head the planning and development services department. The planning director, hereinafter "director," shall be appointed by the board of supervisors and serve at the direction of the majority of the board. The director shall perform and implement such written duties and direction as is given by the board of supervisors. In addition hereto, the director shall also serve as the building official, secretary to the planning commission, secretary to the airport land use commission, secretary to the building board of appeals, secretary to the underground storage appeals board and serve as flood plain administrator. As such the director shall have such powers and duties necessary to carry out all of the responsibilities of each function.

(Ord. 1415 § 8, 2006)

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

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

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

(Ord. 1415 § 10, 2006)

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

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

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

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

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

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

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

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

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

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

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

NOTE:

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

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

(Ord. 1415 § 12, 2006)

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

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

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

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

C. The requisite fees are included.

D. The written appeal clearly states the following:

1. Name of person(s) filing appeal;

2. Address and phone number of person(s) filing;

3. Project/decision being appealed;

4. Reason for filing appeal;

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

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

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

8. Signature of applicant.

(Ord. 1415 § 14, 2006)

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

(Ord. 1415 § 16, 2006)

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

(Prior code § 90102.06)