The Directors of Community Development and Public Works shall have the authority to adjust certain standards applicable to building and development that, if applied in a strict manner, would result in a deprivation of vested property rights due to the lack of a sufficient nexus between the condition to be imposed and the purpose of the project being proposed. This administrative discretion shall also apply to situations in which the condition of approval of the building or development exceeds the proportion of benefit received by the property owner in seeking the approval to such an extent that the imposition of the condition would amount to a legally compensable constitutional or statutory claim. This chapter shall apply to conditions of project approval found in Imperial Beach Municipal Code Sections 12.08.040 (Installation permit prerequisite to building permit) and 12.08.085 (Alley improvement required), Chapters 13.08 (Underground Utilities) and 15.44 (Sewage Construction Permits), and other sections in which specific findings can be made of probable compensable harm.
For conditions of a non-development or building-related permit, entitlement, fee or other requirement that is alleged to violate a statutory or constitutional requirement, this chapter shall provide a review process for any matter not otherwise provided for in this code or under other applicable laws. The initial determination of the department head with primary responsibility over the matter shall be subject to the appeal process established in this chapter.
(Ord. 2008-1076 § 2)