Chapter 17.25 — PROCEDURES, HEARINGS, NOTICES AND FEES

In accordance with the provisions of California Government Code Section 65940 , the director of community development shall prescribe the form in which applications are made, and shall prescribe the information required to be submitted by the applicant with applications for planned residential developments, planned unit developments, signs, site development plans, specific plans, variances, conditional use permits, zoning amendments, adult entertainment permits, administrative zoning permits, substantial conformance reviews, minor amendments, and historic resource designations, and for any other planning applications for which submittal requirements are not specified within this title. No application shall be deemed complete, unless it complies with such requirements or the director specifically waives the requirement.

(Ord. 4984 § 10, 2013)

If signatures of persons other than the owners of property making the application are required or offered in support of, or in opposition to an application, they may be received as evidence of notice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission or city council. (Ord. 4950 § 3, 2010)

Applications filed pursuant to this title shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official records of the agency to which application is made, and there shall be attached thereto and permanently filed therewith, copies of all notices and actions with certificates or affidavits of posting, mailing or publications pertaining thereto. (Ord. 4950 § 3, 2010)

The city council shall establish all planning and land use application filing fees by resolution. A copy of the resolution with a listing of the filing fees and their adoption date shall be maintained in the office of the city clerk and the community development department. A hand-out reflecting the established fees shall be prepared and made available upon request. (Ord. 4950 § 3, 2010)

Agencies and departments of the state, including school districts, shall be exempt from the payment of fees otherwise required herein.

(Ord. 4950 § 3, 2010)

Whenever the provisions of this title require that a public hearing be held before the planning commission, the hearing shall be set by the secretary of the planning commission, and whenever the provisions of this title require that a public hearing be held before the city council, the hearing shall be set by the city clerk. Public hearings shall be conducted no later than such time as may be required by applicable state laws.

(Ord. 4950 § 3, 2010)

Notice of time and place of a public hearing shall be given in the following manner:

• A. Notice of any public hearing upon a proposed amendment to this title, or to the map which is a part of this title, shall be given in accordance with California Government Code Sections 65090 , 65091 and 65092 , as applicable, and as may be amended from time to time. At a minimum, notice shall be given by at least one publication of said notice of public hearing in a newspaper of general circulation in the city not less than ten days before the date of said public hearing.

• B. Notice of any public hearing to consider a variance, conditional use permit, or minor conditional use permit or any appeal of a decision made by the planning commission regarding same, shall be given in accordance with California Government Code Sections 65091 and 65092 , as may be amended from time to time. At a minimum, notice shall be given by mailing said notice of public hearing to the affected property owner, the applicant, and the owners of real property (as shown on the latest equalized assessment roll) within 300 feet of the real property that is the subject of the hearing not less than ten days before the date of said hearing.

• C. Notice of any other public hearing required pursuant to the provisions of this title shall be given by mailing said notice of public hearing to the affected property owner, the applicant, and the owners of real property (as shown on the latest equalized assessment roll) within 300 feet of the real property that is the subject of the hearing not less than ten days before the date of said hearing.

• D. When a development proposal involves more than one application request and the noticing requirements for the applications differ, the director may prepare and distribute a combined notice of public hearing that encompasses all applicable requirements.

• E. Neither the failure to actually receive notice nor the failure to receive notice in a timely manner shall be cause for the an appeal of any decision of the planning commission or the city council, so long as notice was mailed, published and/or posted as prescribed by this section.

• (Ord. 4950 § 3, 2010)

Public hearing notices required pursuant to this title shall include a header which consists of the following words: "Notice of Proposed Zone Reclassification" or "Notice of Proposed Variance" or

"Notice of Proposed Conditional Use Permit" or "Notice of Proposed Adult Entertainment Permit" or "Notice of Proposed Planned Residential Development," etc. as the case may be. In addition, the notice shall set-forth the description of the property under consideration, the nature of the proposed change or use, the application number, the date, time and place at which the public hearing or hearings on the matter will be held, and the identity of the hearing body. (Ord. 4950 § 3, 2010)

The director shall cause to be made such investigation of facts bearing upon an application set for hearing, including an analysis of precedent cases as will serve to provide all necessary information to assure action on each case consistent with the purpose of this title and with previous amendments or variances.

(Ord. 4950 § 3, 2010)

A summary of all pertinent testimony offered at any public hearing held in connection with an application filed pursuant to this title, and the names of persons testifying shall be documented and made a part of the permanent files of the case. (Ord. 4950 § 3, 2010)

An applicant may at any time, prior to a decision being rendered, withdraw an application by submittal of a written notice of withdrawal to the director of community development. The written notice shall include the application number and type of application being withdrawn. The application will be considered withdrawn on the date the written notice of withdrawal is received by the director. If at the time of the withdraw, the application has been advertised for a public hearing with either the planning commission or the city council, the secretary of the planning commission or the city clerk, as applicable, shall post a notice of cancellation of the public hearing at city hall and two additional conspicuous places, if time permits. If the withdraw is submitted at the planning commission or city council meeting at which the item was to be considered, the commission secretary or city clerk, as applicable, shall notify the respective decision making body of the withdraw at or prior to the action being scheduled to be heard.

(Ord. 4950 § 3, 2010)

The city shall record with the county recorder or San Diego County all documents relating to real property in the city with respect to building, planning, zoning and engineering matters, if it is determined to be in the best interests of the City of El Cajon. The determination as to the necessity for recordation shall be made by the city council, planning commission, city manager, city clerk, director of community development, or city attorney, and such determination shall be conclusive.

Any fees charged by the recorder for recordation of the documents are to be borne by the property owner or developer. (Ord. 4950 § 3, 2010)