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)
The Imperial Beach City Manager shall designate the Hearing
Officer for the administrative determination hearing. The City Manager
shall serve as the Hearing Officer if no delegation is made. The City,
if any, shall pay the compensation of the Hearing Officer. Compensation
shall not be directly or indirectly conditioned upon whether or not
conditions, fees or other licensing requirements are upheld by the
Hearing Officer.
(Ord. 2008-1076 § 2)
The provisions of Section 1094.6 of the
Code of Civil Procedure
are applicable to all final administrative determinations made under
the authority of the Imperial Beach Municipal Code. Notwithstanding
the foregoing, all decisions related to First Amendment conduct shall
be subject to the appeal process set out under
Code of Civil Procedure
Section 1094.8.
(Ord. 2008-1076 § 2)
Nothing herein shall prevent any person from seeking remedies
under the Fee Mitigation Act (
Government Code Sections 66000 through
66025, as amended). All remedies in this municipal code related to
fees, conditions of approval and/or exactions for "development," including
administrative appeal procedures set out under this chapter, shall
be subject to applicable limitations of actions and claims procedures
set out in
Government Code Sections 66020 through 66025, as amended,
upon any final action taken under this municipal code. The remedies
in this municipal code are cumulative and do not supplant any other
remedies under California law.
(Ord. 2008-1076 § 2)
The provisions of Section 1094.6 of the California Code of Civil
Procedure, as amended, are applicable to the City of Imperial Beach.
The time limits contained in Section 1094.6 of the California Code
of Civil Procedure shall be applicable to decisions of the City Council
or any other final decision rendered under the authority of this municipal
code by any officer or body.
(Ord. 2008-1076 § 2)