(a)

Not less than ten days prior to the date of a public hearing on applications or petitions for a zone change, variance, or conditional use permit, the city clerk shall give notice of the hearing, which shall include the date, time, and place of such hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered, and the legal description and street address of the subject property in the following manner or as amended by the Government Code from time to time:

1.

Publication of the notice once in a newspaper of general circulation in the city of Brawley;

2.

Mailing or delivering a written notice of the public hearing to the property owner or the owner's duly authorized agent, and the project applicant for a zone change, variance or conditional use permit;

3.

Mailing or delivering written notice of the public hearing to each local agency expected to provide water, sewer, streets, roads, schools or other essential facilities or services to the project; and

4.

Mailing or delivering written notice of the public hearing to all persons whose names and addresses appear on the latest available assessment roll of the county of Imperial as owning property within a horizontal distance of three hundred feet from the exterior boundaries of the subject property. Notice shall be per Government Code regulations as amended from time to time.

(b)

If the planning director determines that the publication and mailing of notices may not give sufficient notice, he/she may direct the posting of notices at such locations as are deemed best suited to reach the attention of and inform those persons who may be affected.

(c)

The planning director may also cause notice of the hearing to be sent to those public officers, departments, or agencies which may have an interest in the subject application.

(Ord. No. 2008-04 § 1.)

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.)

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.)

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.)

(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.)