Burbank Municipal Code Div. 1 General Provisions

The provisions of Section 65010 of the Government Code of the State of California relating to evidence and procedure in planning and zoning matters are adopted by reference and shall apply to hearings under this article. [Formerly numbered Section 31-211; Amended by Ord. No. 3259, eff. 8/10/91; 3058.]

Any hearing conducted under this article may be continued from time to time. In the absence of a quorum, the Secretary, on behalf of the Planning Commission, and the City Clerk, of behalf of the Council, may continue a hearing to the next regular meeting. [Formerly numbered Section 31-212; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22; 2193.]

All hearings held pursuant to the provisions of this chapter shall be conducted in accordance with the following procedure:

1. The officer presiding at any such hearing shall announce the nature of the matter under consideration and, if notice of hearing is required, shall inquire as to whether the applicable provisions as to notice have been complied with.

2. Any written communications pertaining to the matter under consideration, including staff or other recommendations, shall be read or summarized and made a part of the record if relevant.

3. Persons in favor of the matter under consideration shall then be heard, followed by those who are opposed.

4. Thereafter a reasonable opportunity shall be given for rebuttal testimony. [Added by Ord. No. 2333; Formerly numbered Section 31-212.1; Renumbered by Ord. No. 3058, eff. 2/21/87.]

A record shall be made and duly preserved of all hearings when a matter is contested and a request therefor is made in writing prior to the date of any such hearing accompanied by a deposit sufficient to cover the cost of making such record. A copy of the record of any such hearing shall be made available at cost to any person requesting the same. [Added by Ord. No. 2333; Formerly numbered Section 31-212.2; Renumbered by Ord. No. 3058, eff. 2/21/87.]

All resolutions and other formal actions of the Council and Planning Commission required by this article shall be prepared by the City Attorney and shall set forth conditions of termination and revocation as well as conditions of approval, if any. [Formerly numbered Section 31-213; Renumbered by Ord. No. 3058, eff. 2/21/87; amended by Ord. No. 22-3,983, eff. 12/16/22;.]

The Planning Commission may extend the time within which a Variance or Conditional Use Permit must be utilized if application for an extension is made before the nonuser period has expired. Consideration of the issue of whether or not an extension should be granted shall be made in accordance with the procedures set forth in Division 3 of Article 19 of this Code in all cases involving a Variance and in Division 4 of Article 19 of this Code in all cases involving a Conditional Use Permit. [Formerly numbered Section 31-214; Renumbered by Ord. No. 3058; amended by Ord. No. 22-3,983, eff. 12/16/22; 3067.]

A. Fees. Every application or filing for any entitlement or request described in this article shall be accompanied by the appropriate fees designated in the Burbank Fee Resolution. No application or filing shall be deemed complete unless such fees have been paid.

B. Withdrawals. Applications may be voluntarily withdrawn by the applicant at any time. A request to withdraw an application must be made in writing in a format approved by the Director. Upon written request, the Director may issue full or partial application fee refunds based on the prorated City costs incurred up through the refund request. In determining the amount of a refund, if any, the Director may consider factors including, but not limited to, the status of the application at the time of withdrawal and amount of work performed by City staff or consultants to date to review and process the application, and whether public notices have been posted, mailed, or otherwise distributed. Recognizing that application fees are utilized to cover City costs including but not limited to, public hearings, mailing, posting, transcripts, staff, and consultant time involved in processing applications, no refunds will be issued after public notices have been mailed or after a project disapproval.

C. Expiration of Inactive Applications. If the applicant provides no response to written requests by the City for information, materials, or fees, or notices of incompleteness issued by the City, or there is otherwise inactivity on an application caused by the applicant for a period of at least 120 consecutive days, the Director may consider the application withdrawn if the Director determines that reasonable progress toward completion of the application has not occurred. The Director shall provide notice of intent to deem an application withdrawn at least 30 days prior to the proposed effective date by first class mail to the last known address of the applicant on record with the Director. Application processing shall not resume thereafter until a new application is filed, including fees, plans, exhibits, and other materials that are required for any project on the same site. No application fee refund will be issued for applications deemed withdrawn under this Subsection. [Formerly numbered Section 31-215; Renumbered by Ord. No. 3058; amended by Ord. No. 25-4,027, eff. 7/25/25; 2930.]