Imperial County Municipal Code Ch. 11 Residential Projects—applications

These regulations are adopted pursuant to Article 11, Section 7 of the California Constitution and Government Code Section 65864 et seq.

(Prior code § 92311.00)

A. The purpose of this division is to establish the procedures and requirements mandated by Article 2.5 of Chapter 4 of the Government Code for the consideration of development agreements.

B. This division, and the authority granted hereunder to enter into development agreements, is applicable only to those projects designed and constructed solely as residential projects. Residential projects include single family housing projects, residential cooperatives or condominiums and residential apartment complexes.

(Prior code § 92311.01)

A. The planning director shall prescribe the form for each application, notice and document provided for or required under these regulations for the preparation, review and implementation of development agreements.

B. The planning director may require an applicant to submit such information and supporting data as the planning director considers necessary to process the application.

(Prior code § 92311.02)

The application shall be accompanied by a fee of one thousand dollars ($1,000.00) to cover processing costs. Residential projects processed and billed on a time and materials basis do not require an additional deposit. In the event this amount proves insufficient, the planning director may require that additional fees be submitted. Such additional fees shall not exceed the estimated reasonable costs of processing the application. In the event the fees collected exceed the actual costs of processing the application, the excess amount shall be refunded upon the conclusion of proceedings.

(Prior code § 92311.03)

(Ord. No. 1448, §§ 12, 13, 4-14-09)

Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement. Applicant includes authorized agent. The planning director shall require an applicant to submit proof of his or her interest in the real property and of the authority of the agent to act for the applicant. Such proof may include a preliminary title report issued by a title company licensed to do business in the state of California evidencing the requisite interest of the applicant in the real property. Before processing the application, the planning director may obtain the opinion of county counsel as to the sufficiency of the applicant's interest in the real property to enter into the development agreement.

(Prior code § 92311.04)

Each application shall be accompanied by the form of development agreement proposed by the applicant. If the planning director has approved a standard form of development agreement, this requirement shall be met by utilizing such standard form and including specific proposals for changes in or additions to the language of the standard form.

(Prior code § 92311.05)

A. The application for a development agreement shall be submitted no later than one week prior to the meeting of the environmental evaluation committee required by the county's procedures implementing the California Environmental Quality Act on the residential project to which the development agreement pertains. No application for a development agreement shall be accepted after this meeting.

B. The application for a development agreement shall be submitted at the same time as the application for the residential project to which the development agreement pertains. No application for a development agreement shall be accepted after the application for the residential project to which the development agreement pertains has been deemed complete.

C. Notwithstanding subsections A. and B. of this section to the contrary, an application for a development agreement may be submitted on any residential project that has not received a final approval as of the date the ordinance codified in this division becomes effective; provided, that such application for such residential project has been deemed complete by the planning director prior to such date.

(Prior code § 92311.06)

(Ord. No. 1448, §§ 14, 15, 4-14-09)

The planning director shall endorse on the application the date of receipt, shall review the application, and may reject it if incomplete or inaccurate. If the application is complete, the planning director shall accept it for filing. The planning director shall determine any additional requirements necessary to complete the development agreement on the basis of the application as filed. After receiving all required information, the planning director shall prepare a report and recommendation as to whether or not the development agreement as proposed, or in amended form, is consistent with the general plan, any applicable specific plan, and the provisions of these regulations.

(Prior code § 92311.07)