Sec. 27.242. - Continuance of a public hearing.

If, for any reason, testimony on the case cannot be heard or completed at the time set for such hearing, the chairman of the planning commission (or planning director for conditional uses subject to director review and approval) may continue or extend the hearing to another date and time. Before the adjournment or recess of the planning commission or planning director hearing, the chairman or planning director shall publicly announce the time and place at which said hearing will be continued, and no further notice need be issued or shall be required.

(Ord. No. 2008-04 § 1.)

Sec. 27.243. - Filing fees and other fees.

For the purpose of defraying the expense involved in connection with any application for a zone change, variance, conditional use permit, or site plan review, fees based on adopted city of Brawley fee schedule shall be paid by the project applicant at the time the application is submitted.

(Ord. No. 2008-04 § 1.)

Sec. 27.244. - Procedure for withdrawal of an application or petition for a variance, conditional use permit, zone change or site plan review.

Any application or petition for a variance, conditional use permit or zone change may be withdrawn at any time prior to a public hearing by filing, with the planning director, a written request for withdrawal signed by all persons who signed the original application or petition, or their successors in interest.

(Ord. No. 2008-04 § 1.)

Sec. 27.245. - Refund of filing fees.

(a)

If any application or petition is withdrawn as provided for in section 27.244 prior to publication of notice of public hearing, the city of Brawley shall refund a portion of the filing fee representing the unexpended portion of the fee.

(b)

In all cases, there shall be no refund of any portion of the fee after the notice of public hearing has been published.

(Ord. No. 2008-04 § 1.)

Secs. 27.246—27.249. - Reserved.

Article XVII. - Administration of Zoning—Zoning Ordinance Amendments.

Sec. 27.250. - Zoning ordinance amendments.

This zoning ordinance may be amended to change zones, to alter the boundaries of districts, to impose regulations not heretofore imposed, and to remove or modify any regulation heretofore imposed, pursuant to title 7 of the Government Code (Planning and Land Use).

(Ord. No. 2008-04 § 1.)

Sec. 27.251. - Initiation of amendments.

Changes of zone and other amendments may be initiated by the city council or the planning commission.

(Ord. No. 2008-04 § 1.)

Sec. 27.252. - Petition for a change of zone.

Any person may file a petition for a change of zone with the planning director, upon payment of a filing fee as required in section 27.243 (Filing fees and other fees) of this zoning ordinance, except that a person may not file, and the planning director shall not accept, a petition which is the same as, or substantially the same as, a petition upon which final action has been taken either by the planning commission or city council within six months prior to the date of said petition.

(Ord. No. 2008-04 § 1.)

Sec. 27.253. - Contents of petition for a change of zone.

A petition for a change of zone shall contain all information as is requested by the planning director. The accuracy of all information, maps and lists submitted shall be the responsibility of the applicant.

(Ord. No. 2008-04 § 1.)

Sec. 27.254. - Change of zone and the duty of the planning commission.

Upon receiving a completed petition for a change of zone, and after the applicant has paid the appropriate filing fee, the planning director shall request the city clerk to set a public hearing date to consider the application as described in section 27.241 (Notice of public hearing). The planning commission shall thereafter recommend to the city council whether the zone change should be approved, conditionally approved, or disapproved.

(Ord. No. 2008-04 § 1.)

Sec. 27.255. - Review of initial study and environmental assessment.

Prior to taking any action on a zone change application, the planning commission shall first review the initial study and environmental assessment prepared by planning staff. The planning commission shall recommend to the city council whether an environmental impact report should be prepared, or whether a negative declaration of no significant environmental impact is appropriate. If a negative declaration is recommended, the planning commission shall also recommend appropriate mitigation measures, if applicable to the zone change application involved.

(Ord. No. 2008-04 § 1.)