24.19. 380 “USE PERMIT AND CHANGE OF ZONE FILED CONCURRENTLY

Application for a Conditional Use Permit may be made at the same time as application for a change in zone boundaries including the same property, in which case the Planning Commission shall hold the public hearing on the Zoning Change or Reclassification and the Use Permit at the same meeting and may combine the two hearings.

CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

• A. Variances from the terms of the Zoning Ordinance shall be granted only when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. Any Variance granted shall be subject to such conditions as will assure that the deviation thereby authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated.

• B. A Variance does not extend to conditional use regulations. Flexibility to the zoning regulations is provided in the Conditional Uses provisions of this Ordinance.

• Cee The Planning Commission may grant Variances to the Zoning Regulations prescribed by this Ordinance in accord with the procedure prescribed in this Section, with respect to fences, walls, hedges, screening and landscaping; width, and depth; front, rear, and side yards; coverage; height of structures; distances between structures; usable open space; signs; off-street parking facilities, or frontage on a public street.

Application for a Variance shall be filed with the Planning Director on a form prescribed by the Planning Director and may include data and maps as specified in this Section. The Planning Director may require additional information or plans, to enable a determination as to whether the circumstances prescribed for the granting of a Variance exist. The Planning Director may authorize omission of any or all of the plans and drawings required by this Section, unless directed otherwise by the Planning Commission.

• A. Name and address of the applicant.

• B. Statement that the applicant is the owner or the authorized agent of the owner of the property on which the Variance is being requested.

• C. Address and legal description of the property.

• D. Statement of the precise nature of the Variance requested and the practical difficulty or unnecessary physical hardship inconsistent with the objectives of the zoning regulations that would result from a strict or literal interpretation and enforcement of the specified regulation, together with any other data pertinent to the findings prerequisite to the granting of a Variance, prescribed in Section 24.19.440 (Findings).

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24.19.415 APPLICATION: DATA AND MAPS TO BE FURNISHED (cont. E. An accurate scale drawing of the site and any adjacent property affected, showing, when pertinent, the contours at intervals of not more than two (2) feet, and all existing and proposed locations of streets, property lines, uses, structures, driveways, pedestrian walks, off-street parking facilities, and landscaped areas. 24.19.420 FEES The application shall be accompanied by a fee established by Resolution of the City Council to cover the cost of handling and processing the application as prescribed in this Section. A single application may include requests for Variances from more than one regulation applicable to the same site, or for similar Variances on two or more adjacent sites with similar characteristics. 24.19.425 PUBLIC HEARING The hearing shall be set and notice given as prescribed in Section 24.19.630 (Public Hearing by Planning Commission and City Council). Ata public hearing, the Commission shall review the application, statements, and drawings submitted therewith and shall receive pertinent evidence concerning the Variance, particularly with respect to the findings prescribed in Section 24.19.440 (Findings).

The Planning Director shall make an investigation of each application that js the subject to a public hearing and shall prepare a report thereon which shall be submitted to the Planning Commission and made available to the applicant at least seven (7) days prior to the public hearing.

Within thirty (30) days following the closing of the public hearing on a Variance application, the Planning Commission shall act on the application. The Commission may grant by Resolution, a Variance as was applied for or in modified form or the application may be denied. Variance for signs may be conditioned to expire with the change of copy for the use, be reviewed on a periodic basis or be required to conform upon change of ownership, and/or shall automatically expire upon any designated period of time.

114 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

The Planning Commission may grant a Variance to a regulation prescribed by this Ordinance with respect to fences, walls, hedges, screening, or landscaping; width, or depth; front, rear, or side yards, coverage; height of structures; usable open space, or frontage on a public street, as the Variance was applied for or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes findings of fact that establish that the circumstances prescribed in paragraphs A, B, C, D, £, and F below do apply.

• A. That there are special circumstances applicable to the property, (size, shape, topography, location or surroundings) or the intended use of the property, and because of this, the strict application of the Zoning Ordinance deprives the property of privileges enjoyed by other properties in the vicinity under identical zoning classification; and

• B. That granting the Variance or its modification is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone and denied to the property for which the Variance is sought; and

• C. That granting the Variance or its modification will not be materially detrimental to the public health, safety or welfare, or injurious to the property or improvements in such vicinity and zone in which the property is located; and

• D. The granting of this Variance does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and

• E. The granting of this Variance does not allow a use or activity which is not otherwise expressly authorized by the zoning regulation governing the parcel of property.

• F, That granting the Variance or its modification will not be incompatible with the City of Imperial General Plan.

115 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

All signs must comply with the current sign ordinance requirements in the City Code. The Planning Commission may grant a Variance for sign location and other similar performance standard except area and height as the Variance was applied for or in modified form, if on the basis of the application and the evidence submitted, the Planning Commission makes findings of fact that establish that the circumstances prescribed in Section 24.19.440 (Findings) apply and the following circumstances also apply.

• A. That the granting of the Variance will not detract from the attractiveness or orderliness of the City’s appearance or the surrounding neighborhood.

• B. That the granting of the Variance will not create a hazard to public safety.

• 24.19.450 PARKING: ADDITIONAL FINDINGS

The Planning Commission may grant a Variance to a regulation prescribed by this Ordinance with respect to off-street parking facilities as the Variance was applied for or in modified form if, on the basis off the application and the evidence submitted, the Planning Commission makes findings of fact that establish that the circumstances prescribed in Section 24.19.440 (Findings) apply and the following circumstances also apply: A. That neither present nor anticipated future traffic volumes generated by the use of the site or the uses of the sites in the vicinity reasonably require strict or literal interpretation and enforcement of the specified regulation; and

• B. That the granting of the Variance will not result in the parking or loading of vehicles on public streets in such a manner as to interfere with the free flow of traffic on the streets; and

• C. That the granting of the Variance will not create a safety hazard or any other condition inconsistent with objectives of this Ordinance.

Appeals of the actions of the Planning Commission, may be made by any person, by filing a written notice of appeal with the City Clerk within ten (10) calendar days following the Planning Commission’s decision. The City Council will consider the matter and may affirm or reverse wholly or partly, the action which js in question. While an appeal is pending, the establishment of any affected structure or use is to be held in abeyance.

A decision of the Planning Commission on a Variance shall be effective after ten (10) days unless an appeal of the decision is filed within ten (10) calendar days of the Commission’s action.

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CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

• A. A Variance shall lapse and shal] become void one year following the date on which the variance became effective unless, prior to the expiration of one year, a building permit is issued and construction is commenced and diligently pursued toward completion on the site which was the subject of the Variance application, or a permit is issued authorizing occupancy of the site or structure which was the subject of the Variance application, or the site is occupied if no building permit or certificate of occupancy is required.

  • hy. A Variance may be renewed for an additional period of one year provided that prior to the expiration of one year from the date when the Variance became effective, an application for renewal of the Variance is filed with the Planning Director.

  • 2. The Planning Commission may grant, grant conditionally, or deny an application for renewal of a Variance.

A Variance granted by the Planning Commission, subject to conditions may be revoked by the Commission if the applicant has not complied with the conditions. The decision of the Commission revoking a Variance shall become effective ten (10) calendar days following the date on which it was revoked. 24.19.475 NEW APPLICATION Following the denial or revocation of a Variance application, no application for the same or substantially the same Variance on the same or substantially the same site shall be filed within one year of the date of denial or revocation of the Variance.

Unless otherwise specified at the time a Variance is granted, it shall] apply only to the plans and drawings submitted as part of the application.

117 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

oe

• A. The provisions of this chapter shall be known as the Site Plan Review Procedure.

• B. The City of Imperial finds that a Site Plan Review process supports the - implementation of the Imperial General Plan. The City further finds that the quality of residential, commercial, industrial and public/quasi public uses has a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This Section is not intended to restrict imagination, innovation or variety, but rather to focus on design principles which can result in creative imaginative solutions for the project and quality design for the City. It is, therefore, the purpose of this Section to:

  • l, Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this interdependence to its benefit.

  • 2. Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities, such as but not limited to signs, landscaping, parking areas, and streets.

  3. Maintain the public health, safety and general welfare, and property throughout the City.

  4. Assist private and public developments to be more cognizant of public concerns for the aesthetics of development.

  5. Reasonably ensure that new developments, including residential, commercial, industrial, and public/quasi public development, do not have an adverse aesthetic, health or any kind of adverse effect on adjoining properties, or the City in general.

  6. Ensure that the proposed development complies with all of the provisions of the Zoning Ordinance and the General Plan.

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CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

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, 24.19.520 APPLICABILITY

In order to safeguard and enhance the appearance and quality of development of the City of Imperial, Site Plan Review approval shall be required prior to the issuance of any building permit for single-family subdivision developments; mobilefamily developments;homes.on permanentmobilehomefoundations;parks; commercialsingle familyor industrialhomes (custom);establishments,multipleincluding additions, alterations and redevelopment thereof.

• In addition to meeting all of the other requirements of the Zoning Ordinance, any applicant for a building permit for the establishment of single-family subdivision development; mobile homes on permanent foundations; single family home (custom); multiple-family developments; the establishment of commercial or industrial, uses; including additions, alterations and redevelopment thereof shall submit the following plans and drawings to the Director of Planning for review: A. A site plan, drawn to scale, showing the proposed location of structures and other improvements including, where appropriate, driveways, pedestrian walks, off-street parking areas, landscaped areas, fences, and walls. The site plan shall indicate the locations of off-street parking areas including entrances and exits and the direction of traffic flow into and out of off-street parking areas.

• B. A conceptual landscape plan, drawn to scale, showing the locations of existing trees proposed to be removed or retained on the site, the location and design of landscaped areas and the varieties and sizes of plant materials to be planted therein, and other landscape features as may be necessary to illustrate the landscape concept.

• C. Architectural drawings drawn to scale, including floor plans in sufficient detail to permit computation of yard requirement and all elevations of the proposed structures as they will appear upon completion. All exterior surfacing materials shall be specified.

• D. Accurate scale drawings of all signs indicating their size, material, color, and illumination, if any.

• E. Conceptual grading and drainage plans.

• F. Such other data as may be required by the Director of Planning to ensure that the purposes of this Section are satisfied.

• G. The Planning Director may waive requirements of this section or require additional data as deemed necessary to the decision-making process.

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)

The Director shall review and evaluate Development Plans submitted in accordance with the following guidelines:

• A. Scope. The Director shall review and evaluate development plans for conformance with the site plan review standards and criteria set forth in the pertinent sections of the Zoning Ordinance.

• B. Modifications Required for Approval of the Development Plan. The Director may specify modifications, changes, and additions to the Development Plan in his recommendation or requirements for its approval. Such recommendations may be suggested by the Director to eliminate or mitigate significant adverse environmental effects disclosed by any environmental impact report or modifications, changes and additions that are necessary to meet the purposes of this Section.

• C. Improvements Required for Approval of the Development Plan. The Director shall insure that all Development Plans provide for on and off-site improvements which may be required to implement the purposes of this Section of the Zoning Ordinance, the General Plan and all policies of the City Council.

24.19.550 ACTION BY DIRECTOR

The Director shall have the authority to approve, deny or modify applications for Site Plan Review. Within fifteen (15) days of the date that application is deemed complete by the Director, the Director shall approve, conditionally approve, or disapprove the application, or shal] request the applicant to revise said applications. Failure of the Director to act within fifteen (15) days shall be deemed approval of the application unless the applicant shall consent to an extension of time.

A decision of the Director may be appealed in writing, within ten (10) calendar days to the Planning Commission by the applicant or any other interested person, upon paying the established fee, or the Director’s decision may be appealed by a member of the Planning Commission and/or City Council without fee.

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120 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

Within thirty (30) calendar days, following the filing of an appeal of the Director’s decision, the Planning Commission shall approve, conditionally approve, or disapprove the plans and drawings or shall request the applicant to revise the plans and drawings. Failure of the Planning Commission to act within thirty (30) days from the appeal shall be deemed approval of the plan and drawings unless the applicant shall consent to an extension of time. 24.19.580 CONDITIONS Site Plan Reviews may be approved or modified subject to the performance of such conditions, including the provision of required improvements as the Director, shall deem to be reasonable and necessary, or advisable under the circumstances, so that the objectives of the Zoning Ordinance, General Plan, Planning Commission and City Council policies shall be achieved. Such conditions shall be imposed and enforced as follows:

• A. Security May be Required to Ensure Performance. In order to ensure the performance of conditions imposed concurrent with the granting or modification of a Development Plan, the applicant may be required to furnish security in the form of money or surety bond in the amount fixed by the authority granting or modifying the Development Plan. Such security shall be furnished as required by the City.

• B. Provision of Required Improvements. Whenever a Site Plan Review approval is granted or modified subject to the condition that specified improvements be provided by the applicant, such improvements shall be installed by the applicant and approved and accepted by the cognizant City authority prior to the time or events specified in the Site Plan Review approval. Improvements shall include but not be limited to curbs, gutters, sidewalks, street pavement and off-site improvements.

• Cc. Condition Declared Void. Whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of the conditions of a Site Plan Review approval to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions, said Site Plan Review approval shal] cease to be valid and al] rights or privileges granted thereby shall lapse, as provided by Section 24.19.585. ,

121 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

24.19,580 CONDITIONS (continued)

• D. Violation of Condition. Whenever a Site Plan Review is approved or modified by the approving authority subject to a condition or conditions, use or enjoyment of the Site Plan Review approval in violation of or without observance of any such condition shal] constitute a violation of the Zoning Ordinance and said Site Plan Review approval may be revoked or modified as provided in Section 24.19.585.

A Site Plan Review approval may be revoked or modified by the approving authority for cause as provided by the provisions of this Section. For purposes of this Section, the modification of a Site Plan Review approval may include the modification of the terms of the Site Plan Review approval itself or the waiver, alteration, or imposition of new conditions pursuant to Section 24.19.580.

• A. Grounds for Revocation or Modification. A Site Plan Review approval may be revoked or modified by the approving authority pursuant to the provisions of this section upon a finding of any one or more of the following grounds:

  • l. That such Site Plan Review approval was obtained or extended by fraud.

  2. That one or more of the conditions upon which such Site Plan Review approval was granted have been violated.

  3. That the use for which the Site Plan Review approval was granted is so conducted as to be detrimental to the public health or safety, or as to be a nuisance.

  4. That construction on the subject property is not in conformance with the Site Plan Review approval or other applicable requirements.

• B. Notification. The Director shall notify the owner of the property of his action.

• C. Appeal. Revocation or modification of a Site Plan Review approval may be appealed pursuant to Section 24.19.560.

• 24.19.590 AUTOMATIC REVOCATION OF SITE PLAN REVIEW APPROVAL

If a Site Plan Review is approved or modified subject to one or more conditions, such Site Plan Review approval shall cease to be valid, and all rights or privileges granted thereby shall lapse, notwithstanding any other provisions of the Zoning Ordinance to the contrary, whenever there becomes final any judgement of a court of competent jurisdiction declaring one or more of such conditions to be void or ineffective, or enjoining or otherwise prohibiting the enforcement or operation of one or more of such conditions.

122 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

24.19.595EXPIRATIONAND EXTENSION

Any approval of a Site Plan Review shall expire within one year of such approval except where construction or use of the property in reliance on such Site Plan Review approval has commenced prior to its expiration. If construction and use of the property in reliance on a Site Plan Review approval has not commenced within the one year period, said period may be extended by the Director for a period not exceeding 6 months for each application up to a maximum of two years from the date of original approval.

123 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

24.19.600 AMENDMENTS

24.19.610 PURPOSE

The Zoning Map may be amended by changing the boundaries of any zone in accordance with the procedure prescribed in this Section. 24.19.615 INITIATION

• A, A change in the boundaries of any zone may be initiated by the owner or the authorized agent of the owner of the property by filing an application for a change in zone boundaries as prescribed in this Section. If the property for which a change of zone is proposed is in more than one ownership, all the owners or their authorized agents shall join in filing the application.

• B. A change in the boundaries of any zone may be initiated by resolution of the Planning Commission when approved by the City Council; or initiated directly by the City Council.

A property owner or his authorized agent, desiring to propose a change in the boundaries of the zone in which his property is located, may file with the Planning Director an application for a change in zone boundaries on a form prescribed by the Planning Director and shall include the following data:

• A. Name and address of the applicant

• B. Statement that the applicant is the owner or the authorized agent of the owner of the property for which the change in zone boundaries is proposed.

• C. Address and legal description of the property.

• D. An accurate scale drawing of the site and the Surrounding areas showing existing streets and property lines, and existing and proposed zone boundaries. The Planning Director shall determine the area required to be included on the plan to illustrate the relationship to and impact on the surrounding area, but not less than 300 feet or more than 600 feet from the property proposed for rezoning.

• E. Complete environmental assessment information on forms supplied by the Planning Director.

124 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

• F. The Planning Director may require additional information or maps if they are necessary to enable the Planning Commission and Council to determining whether the change is consistent with the objectives of this Ordinance. The Planning Director may authorize omission of the map required by this Section, if the Director deems it is not necessary.

24.19.6265 FEE

The application shall be accompanied by a fee established by Resolution of the City Council to cover the cost of processing the application as prescribed in this Section.

The Planning Commission and the City Council shall each hold a public hearing on every application for a change in zone boundaries. The hearing shall be set and notice given as prescribed below:

A. SETTING OF THE HEARING

The Secretary to the Planning Commission, in the case of the Planning Commission, and the City Clerk in the case of the City Council, shall set the time and place of the public hearing, required by this Ordinance; the Planning Commission or Council, at the time of their hearing may continue the time or place of a hearing. HEARING The Planning Commission shall hold a public hearing on a rezoning request, or an amendment within forty (40) days after the compliance with the California Environmental Quality Act, Public Resources Code Section 21000 through and including Section 21176 and amendments thereof. Within thirty (30) days after action of the Planning Commission, the City Council shall hold a public hearing to act upon the action of the Planning Commission.

B. HEARING

125 CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

24.19.630 PUBLIC HEARING BY PLANNING COMMISSION AND CITY COUNCIL (continued

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C. NOTICE

Notice of a public hearing shall be given not less than 10 days nor more than 30 days prior to the date of the hearing as established by resolution of the City Council. The notice for a Zoning Map Amendment shall include the alternate zone classifications indicated in Section 24.19.650.

The Planning Director shall make an investigation of the application or proposal and shall prepare a report thereon which shall be submitted to the Planning Commission and to the applicant prior to the public hearing. 24.19.640 ACTION BY THE PLANNING COMMISSION The Planning Commission shall review and consider the Director’s report, comments from the applicant and the public within 40 days after compliance with the California Environmental Quality Act Sections 21000 through 21176 inclusive of the Public Resources Code. The Commission shall make one of the following findings:

• A. If the Commission finds that the change is consistent with the objectives of this ordinance, the General Plan and development policies of the City, it shall recommend to the Council the introduction of an ordinance amending the Zoning Map.

• B. If the Commission finds that the change is not consistent with the objective of this Ordinance, the General Plan and development policies of the City it may recommend to the Council denial of the application, continue it for changes to be consistent, or reject the proposal.

• C. Upon action of the Planning Commission, the Planning Director shall prepare and forward a report to the City Council on the recommendation of the Planning Commission.

The City Council shall review and consider the Planning Commissions recommendation(s), comments by the applicant and the public. The Council shall make one of the following findings: A. If the Council finds that the change is consistent with the objectives of this ordinance, the General Plan and development policies of the City, it shall introduce an ordinance amending the Zoning Map.

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CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

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24.19.645 ACTION BY THE CITY COUNCIL (cont.

• B. If the Council finds that the change is not consistent with the objective of this Ordinance, the General Plan and development policies of the City, it may deny the proposal or continue it for changes to be consistent. If the changes are of a substantial nature, the City Council shall forward the application back to the Planning Commission for their recommendation on the amended proposal.

Following a public hearing on a change in the boundaries of any zone, if the Planning Commission and/or Council determines that, a change to a zone classification other than the proposed classification requested by the applicant in the hearing notice is desirable, the Planning Commission may recommend and the Council may adopt an alternate classification to a proposed classification in accord with the following schedule:

Proposed Zone Described Alternate Zone that in Public Hearing Notice may be Considered

RR A RL RR, A R-] RR, RL, RC RL, RR, R-1, RA Any other R Zone, CO A C-] A C-2 0) ve C-1 [-] A I-2 I-1, A MHP R-L, RC, R-1, RR A None

In order to more properly accommodate these alternate zone classifications, the Notice of Public Hearing Shall indicate the alternate classifications, if any, which Planning Commission and City Council could consider.

The City Council’s action to approve or deny is final.

Following the denial of a change in zone boundaries, an application or request for the same or substantially the same change shall not be filed within one calendar year of the date of denial.

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CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

A change in zone boundaries shall be indicated by listing on the Zoning Map, and the number of the Ordinance amending the map shall be maintained with the zoning code.

CITY OF IMPERIAL, CALIFORNIA ZONING ORDINANCE

128

The text of the Zoning Regulations of this Ordinance may be amended in accord “with the procedure prescribed in this Section. -

.

• A. ‘A change in the text of the regulations may be initiated by the Planning Commission, who will hold a public hearing and make recommendation to the

• City Council. .

• B. ‘The City Council may initiate proceedings and submit the matter to the Planning Commission for public hearing.

• A. The hearing date shail be set by the Planning Commission Secretary for not more than thirty (30) days after the initiating motion by the Planning Commission or City Council. ;

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• By Notice of the required public hearings shall contain the time and place of the hearing and the general purpose of the proposed amendment.

C. ‘Notice of a public hearing concerning a proposed text amendment shall be - -given by the Planning Commission in accordance with Gov. Code Section 65090 -which requires, in relevant part, that such notice shall be published at least .one time not less than ten (10) days prior to the hearing. Where the proposed amendment affects the permitted uses of real property, . . notice shall also be given pursuant to Gov. Code Section 65091 which ~ requires,least in relevant part, that notice shall be mailed or delivered’at © ‘as ‘shownten on(10)thedayslatestpriorequalizedto the assessmenthearing to roal l ] o w ithinners of300realfeetpr o fpertythe . | real property that is the subject of hearing. 24.19.740 INVESTIGATION & REPORT ce The Planning Director shall study the proposed amendment and shail provide : information necessary to assure action consistent with the intent of this ‘ordinance and the General Plan and shall report the findings to the Planning - Commission.

: 24.19.750 ACTION BY THE PLANNING COMMISSION Within thirty (30) days after the conclusion of the public hearing the Planning Commission shall file its recommendation with the City Council, together with a report of findings, hearings, and other supporting data.

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ORDINANCE NO. 785

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IMPERIAL, CALIFORNIA, APPROVING THE PRE-ZONING OF THE IMPERIAL REGIONAL PARK AND EQUESTRIAN CENTER PROJECT AREA IN CONFORMANCE WITH THE LAND USE POLICIES OF THE IMPERIAL GENERAL PLAN AND IN PREPARATION OF AN APPLICATION FOR AN ANNEXATION INTO THE CITY OF IMPERIAL

WHEREAS, the City Council of the City of Imperial, California considered all of the evidence, including, but not limited to, the City Planning Commission Resolution, staff report and attachments, and public testimony at a duly notified public hearing on June 17, 2015; and

WHEREAS, the City Council finds that the Pre-zoning is consistent with the goals, objectives and policies of the City of Imperial General Plan and will not conflict with the General Plan; and WHEREAS, the City Council finds that the Pre-zoning will not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and

WHEREAS, the proposed action complies with the provisions of the California Environmental Quality Act (CEQA) and a Mitigated Negative Declaration was adopted for the project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF IMPERIAL DOES ORDAIN AS FOLLOWS:

Section 1. In view of all the evidence and based on the foregoing findings and conclusions, the City Council hereby approves the Pre-zoning of the Imperial Regional Park and Equestrian Center Project Area as shown on the attached map (Exhibit A), for the purpose of establishing applicable zoning districts in accordance with the land use policies of the Imperial General Plan, in preparation for submission of an application to the Imperial County Local Area Formation Commission seeking annexation of the project area into the City of Imperial.

Section 2. Chapter 24 of the City of Imperial Municipal Code (Zoning Code) is hereby amended as follows: