Imperial County Municipal Code Ch. 5 General Plan Amendments

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)

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)

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)

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)

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)

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)

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)

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

(Prior code § 90205.11)