A.   An application for a Minor Exception, Conditional Use Permit, Variance, Subdivision, Site Plan and Development Project shall be filed only by, or by written authorization from, the legal owner of real property(ies) of the parcel(s). An application for an Amendment of this title shall be filed pursuant to 15.72.020.

   B.   An application shall be made upon a form to be provided by the Community Development Department, and shall be accompanied by the following:

      1.   A completed Preliminary Environmental De-scription form.

      2.   Maps, drawings, plans, tabulations, and other documents completely describing the request.

      3.   The required fee, as prescribed by resolution of the City Council.

   C.   An application 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 the request was 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 publication pertaining thereto.

   D.   With the exception of applications for an Amendment, General Plan Revision, or other legislative changes, not later than 30 calendar days after receipt, or as otherwise amended by Government Code Section 65920 et seq., the Community Development Department shall make an investigation of the application and shall determine, in writing, whether the application is complete and shall immediately transmit the determination to the applicant. If the application is determined not to be complete, the determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of specific information needed to complete the application. The applicant shall submit materials to the public agency in response to the list and description.

   E.   Upon determination that the application is complete for processing purposes, the Community Development Department shall make an investigation of the application, and following any environmental review process required under CEQA, shall prepare a written report that shall be made available to the applicant(s) prior to the public hearing. The Community Development Department may consult with other City departments in its investigation.

(Ord. 3232 (part), 2016; Ord. 3131 (part), 2009; Ord. 2982, 2001).

   The fees for filing an application are contained in Chapter 21.20 of the Fullerton Municipal Code.

(Ord. 3131 (part), 2009; Ord. 2982, 2001).

   A.   An application for amending a zone boundary or classification of property use within such a zone as is defined by this title, or the granting of a Variance or Conditional Use Permit as provided in this title, shall be set by the Secretary of the Planning Commission for public hearing when such a hearing is to be held before the Planning Commission, and by the City Clerk for a hearing to be held before the City Council.

   B.   With the exception of applications for an Amendment, General Plan Revision, or other legislative changes, not more than 60 days following the approval of a Notice of Exemption or adoption of a Negative Declaration of Mitigated Negative Declaration pursuant to CEQA or 180 days following the certification of an Environmental Impact Report pursuant to CEQA, the City shall approve or deny the application pursuant to or as otherwise amended by Government Code Section 65950. Notwithstanding the above, an application for a Subdivision pursuant to Government Code Section 66410 etc. sec. (Subdivision Map Act) shall be acted upon within 50 days following the certification of an Environmental Impact Report, adoption of a Negative Declaration or Mitigated Negative Declaration of a determination by the local agency that the project is exempt from CEQA.

   C.   Notwithstanding the above, a zone change request for a zone designation inconsistent with the Land Use Element of the General Plan shall not be heard unless it is filed concurrently with a General Plan Revision that renders the Land Use Element consistent with the requested zone designation.

   D.   Notwithstanding the above for a project with a 60- or 180-day time period as identified above, the project decision may be extended once, by mutual written agreement, between the applicant and City, for a period not to exceed 90 days. If there has been an extension under CEQA to complete and certify the EIR, the project must be decided within 90 days of certification.

(Ord. 3131 (part), 2009; Ord. 2982, 2001).

   A.   An Amendment to the text of Title 15 or 16 that is procedural in nature that does not impose, modify or remove regulations or standards affecting the development of property, including those listed in California Government Code Section 65850, does not require a public hearing or notice. All other Amendments to the text of Title 15 or 16 require a public hearing that will be noticed as provided in California Government Code Sections 65090 and 65091.

   B.   All zoning or land use decisions that require a public hearing will be noticed as provided in California Government Code Sections 65090 and 65091, or as otherwise mandated by state law.

(Ord. 3137, 2010; Ord. 3131 (part), 2009; Ord. 2982, 2001).

   A notice of a public hearing shall contain the following information:

   A.   A written and/or graphic description of the location of the property, including both street address (if available) and Assessor's Parcel Number.

   B.   Time, place and location of the hearing.

   C.   A brief description of the nature of the proposed request and city file number.

   D.   A reference to materials on file that provide more detailed information regarding the application, including phone number(s) to obtain such information.

   E.   A statement that any interested person may appear at the hearing or submit written material prior to the commencement of the hearing, and the right of appeal thereof.

(Ord. 2982, 2001).

   A.   An Amendment shall require a minimum of one hearing by the Planning Commission and one hearing before the City Council. A zone boundary change or reclassification shall require a minimum of one hearing by the Planning Commission, and, if recommended for approval by the Commission, a minimum of one hearing before the Council. A request for a zone boundary change or reclassification that has been recommended for denial by the Planning Commission shall not be considered by the City Council at a public hearing unless:

      1.   The applicant or an interested party requests an appeal hearing by filing a written request with the Community Development Department; or

      2.   The request is accompanied by an application for a General Plan Revision.

   B.   An application for a Variance, Conditional Use Permit, Major Site Plan, Major Development Project, Tentative Parcel Map and Tract Map shall require a minimum of one hearing before the Planning Commission.

   C.   Multiple applications for the same project shall be processed concurrently, and shall be reviewed, and approved or denied by the highest review authority designated by the Title for any of the applications (i.e., a project for which applications for a Conditional Use Permit and an Amendment are filed shall have both applications decided by the City Council, instead of the Planning Commission acting on the Conditional Use Permit only).

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   The Planning Commission and City Council may establish rules governing the conduct of public hearings conducted by it.

   B.   The Planning Commission and City Council shall cause to be made by its own members, or members of its staff, an investigation of facts bearing upon a request set for public hearing.

   C.   Such an investigation may include 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 chapter with previous requests.

(Ord. 2982, 2001)

   If for any reason, testimony on any case set for public hearing cannot be completed on the day set for such hearing the person presiding at such public hearing may, before adjournment or recess thereof, publicly announce the time and place to, and at which, said hearing will be continued and no further notice is required.

(Ord. 2982, 2001)

   A summary of all pertinent testimony offered at a public hearing held in connection with an application filed pursuant to this chapter, and the names of persons testifying shall be recorded and made a part of the permanent files of the case.

(Ord. 2982, 2001)

   The Planning Commission may, after procedures and public hearings held in the manner prescribed in Chapters 15.46, 15.47, 15.68 and 15.70 in this title, add to, delete from, ormodify any condition thereof if the Commission by resolution finds, and sets forth such findings, that the use thereby permitted affects the use of the adjoining property or the public health or safety to any degree greater or less than when such request was approved.

(Ord. 2982, 2001)

   A.   Any Variance, Conditional Use Permit, Site Plan, or Development Project granted by the Planning Commission or City Council becomes null and void if not exercised within the time specified in such application, or if no date is specified, 24 months from the date of approval.

   B.   The word "exercise" in this section means the following demonstration by the applicant of substantial and significant progress toward establishing the use or carrying out the activity for which the Variance, Conditional Use Permit, Site Plan, or Development Project was granted:

      1.   In the case of a Variance or Conditional Use Permit, the beginning of the use so authorized.

      2.   In the case of a Site Plan or a Development Project, the completion of all dedications and public improvements and the payment of all cash fees required by the site plan or the posting of the bonds for such improvement and the issuance of a building permit for at least 25 percent of the proposed floor space construction shown on the site plan, provided that the expiration of the building permit before completion of said permit shall invalidate such demonstration.

(Ord. 2982, 2001)

   A.   Upon a request of the applicant, filed prior to the expiration of the approved request, the time at which such approval expires may be extended by the Zoning Administrator or Planning Commission for a period or periods not exceeding a total of two years.

   B.   If the Planning Commission denies the request for an extension, the applicant may appeal to the City Council within ten days after the Planning Commission has denied the extension.

(Ord. 3232 (part), 2016; Ord. 2982, 2001).

   A.   No application for a Zoning Amendment, Variance, Conditional Use Permit, Site Plan, Development Project, Historical Landmark, or General Plan Revision shall be filed within six months from the final denial of a substantially identical application, which has been denied other than by denial without prejudice.

   B. The dismissal, withdrawal or denial without prejudice of any application shall not prevent it from being refiled at any time.

(Ord. 2982, 2001)

   A.   At any time before final action upon an application filed pursuant to this title, the applicant may withdraw any or all requests.

   B.   In such event, all proceedings pertaining to the requests so withdrawn shall be forthwith terminated, but such application shall not be returned to the applicant.

(Ord. 3131 (part), 2009)

   When an applicant files a written request with the Community Development Department for the dismissal or withdrawal of any request, all proceedings thereon shall be terminated. Except for the amount already incurred by the City for review, all such fees paid to file such application shall be refunded.

(Ord. 3232 (part), 2016; Ord. 3131 (part), 2009).

   Any application which is deemed incomplete pursuant to Section 15.76.010 for which the specific information needed to complete the application is not provided within 180 days of the written determination will be deemed stale. A written notice will be provided to the applicant advising that the application will be deemed withdrawn if the specific information is not provided within 30 days. Fees will be refunded as specified elsewhere in this title.

(Ord. 3232 (part), 2016; Ord. 3131 (part), 2009).

   Decisions of the Community Development Director may be appealed to the Planning Commission, and decisions of the Planning Commission may be appealed to the City Council. Procedures for appeals shall be as prescribed by Section 15.70.060 of Chapter 15.70.

(Ord. 3232 (part), 2016).