This Chapter establishes the regulations for the effective and efficient implementation of the Adelanto Zoning Code. This Chapter contains the procedures for discretionary review of development applications, criteria for acceptance of applications for discretionary actions, standards for processing of applications, and requirements for the notice and conduct of public hearings. The provisions of this Chapter, used in combination with the provisions of subsequent Chapters 17.115 through 17.165, provide for a system of development review that is open to the public and responsive to the needs of the community.

      Table 100-1 outlines the types of review procedures in effect in Adelanto.

      Three (3) hearing bodies shall make decisions on the procedures authorized by the Adelanto Municipal Code as follows:

      (1)   City Council - The City Council shall be responsible for the decisions listed in Table 100-1.

      (2)   Planning Commission - The Planning Commission shall be responsible for the decisions listed in Table 100-1.

      (3)   Planning Director - The Planning Director shall be responsible for the decisions listed in Table 100-1.

 

Notes:

1)   All decisions of the Planning Director may be appealed to the Planning Commission.

2)   All decisions of the Planning Commission may be appealed to the City Council.

 

Notes:

1)   All decisions of the Planning Director may be appealed to the Planning Commission.

2)   All decisions of the Planning Commission may be appealed to the City Council.

 

[Ord. No. 515, Exhibit M, 5/22/13.]

Notes:

1)   All decisions of the Planning Director may be appealed to the Planning Commission.

2)   All decisions of the Planning Commission may be appealed to the City Council.

      Applications shall be required on forms provided by the Planning Department for all land use actions, subject to the provisions of this Zoning Code. Such applications shall identify all requirements for submittal. The accuracy of all information, maps, and lists submitted shall be the responsibility of the applicant. The Planning Director may also require at his/her discretion the submission of additional information as needed for a particular project. The Director or his designee may reject any application that is incomplete.

      Public review proceedings may be initiated by the City Council, Planning Commission, or any person who is able to demonstrate a legal vested interest in the proposed application. The authorized agent of any person with a legal vested interest may also initiate an application. The Planning Director may request proof of ownership or authorization to apply prior to the acceptance of any application.

      The Planning Director or his/her designee shall accept applications with all required items made by those persons with standing to make such an application upon receipt of fees prescribed by Resolution of the City Council. Pursuant to the California Government Code, Section 65943, no later than thirty (30) days after an application has been received, the Director shall determine whether the submitted application materials are complete and shall notify the applicant in writing of his decision. No application shall be considered complete until any and all additional information required by the Director is received.

      When one or more land use decisions are required for a single project, all required applications may be filed concurrently.

      Any application or petition for a land use action may be withdrawn at any time prior to a public hearing by filing a written request for withdrawal with the Planning Director. The request for withdrawal shall be signed by all persons who signed the original application, or their designated agents or successors. Any such application or petition may be withdrawn after commencement of a hearing thereon, with approval of the hearing body.

      Any application which has been inactive for six (6) months or longer, shall be automatically deemed withdrawn. No notice, public hearing, or other proceeding is required for such inactive applications to be deemed automatically withdrawn.

[Ord. No. 515, Exhibit M, 5/22/13.]

      Each applicant for a land use action authorized by this Zoning Code shall pay those fees and costs as established by Resolution of the City Council.

      If an application is withdrawn prior to public hearing, the applicant shall be entitled to a refund of any remaining deposit in accordance with City policy.

[Ord. No. 515, Exhibit M, 5/22/13.]

      Unless otherwise required, no less than ten (10) days prior to the date of a hearing on applications for a land use action requiring public hearing, as specified in Table 100-1, the Planning Director shall give notice of the scheduled hearing. The notice shall include the time, place, identity of the hearing body or officer, nature of the application, and the general location of the property under consideration.

      The Director shall observe the noticing requirements set forth as follows:

      (1)    A copy of the notice shall be posted in two (2) places in the City of Adelanto.

      (2)   The notice shall be mailed first-class postage prepaid to the following parties: applicant; property owner or the owner's agent; all persons whose names and addresses appear on the latest available assessment roll of the County of San Bernardino as owners of property within a distance of seven hundred feet (700’) for subdivisions of 20 acres or more, or for all other projects, within a distance of three hundred feet (300’), from the exterior boundaries of the property, or properties, for which the application is filed; anyone filing a written request for notification; and, to such other persons whose property might, in the Director's judgment, be affected by the establishment of the use, development, or zone requested.

      (3)   If the Director finds that the posting and mailing of notices prescribed elsewhere in this Section may not give sufficient notice to the required property owners, then additional notices shall be posted. Such additional notices may be posted at locations deemed best suited to reach the attention of, and inform, those persons who may be affected.

      (4)   When the proposed use or amendment affects more than one thousand (1,000) property owners, the City may provide notice by placing a display advertisement in a newspaper circulated within the City of Adelanto.

      (5)   The notice shall be sent to public officers, departments, bureaus, or agencies which are determined by the Director to be affected by the application or otherwise appropriate. In the case of a hearing for the manufacture or storage of hazardous materials, such notification must include the Fire Chief.

      (6)   When a Negative Declaration or Environmental Impact Report is recommended for adoption pursuant to Section 21080(C), 21083, 21091 of the State Public Resources Code, notice of the hearing shall be given as set forth in Section 21091 of the Public Resources Code, which sets forth minimum review periods for Negative Declaration and Environmental Impact Reports.

      When notice of a hearing is given pursuant to this Chapter, the following documentation shall be deemed sufficient to serve as proof that such notice was given:

      (1)   Publication - An affidavit of publication by the newspaper in which the publication was made.

      (2)   Mail or other delivery - An affidavit or proof of mailing/delivery must be made, showing, at a minimum, the date or dates of mail/delivery and the list of persons and groups to which the mail/delivery was made.

      (3)   Posting - An affidavit or proof of posting must show the date or dates of posting and the location at which the posting was made.

[Ord. No. 515, Exhibit M, 5/22/13.]

      For applications or proposals requiring public hearing before the Planning Commission, the Secretary of the Planning Commission shall set the date and time of the hearing. For applications or proposals requiring public hearing before the City Council, the City Clerk shall set the date and time of the hearing. Notices shall include the information required by the Adelanto Municipal Code.

      (1)   During any public hearing, the applicant for the subject application shall have the following rights:

         ·   The right to be represented;

         ·   The right to provide testimony under oath;

         ·   The right to present evidence; and,

         ·   The right to cross examine opposing witnesses.

      (2)   All other persons shall have the right to comment on any relevant aspect of the application under consideration.

      Following the completion of testimony at a public hearing, action shall be taken to approve, conditionally approve, deny, continue, or take under advisement the subject of the public hearing.

      If the action is taken to continue or take the matter under advisement, before adjournment or recess, the person presiding at such public hearing shall publicly announce the time and place at which the hearing will be continued. No further notice shall be required.

      The Planning Director or designee (for those cases the Planning Director has authority to approve or deny), Planning Commission, and the City Council shall have the authority to impose reasonable and necessary conditions on a development to ensure that the development complies with the provisions of this Zoning Code and the policies of the General Plan.

      In accordance with the Adelanto Municipal Code, following the rendering of a decision on an application, a copy of the decision and the findings associated with the decision shall be mailed to the applicant at the address shown on the application. In the case of any Variance or Conditional Use Permit, a copy of the decision and findings shall also be mailed to all persons of record (including name, address and city) who personally appeared at one or more public hearings in opposition to the decision.

      (1)   Whenever an application (or a portion of an application) has been denied and all appeals provided in this Chapter are exhausted, no new application for the same or similar request may be accepted within forty five (45) days of the denial.

      (2)   Any application which is resubmitted pursuant to Section 17.100.050(1) shall be considered as a new project, subject to the same review and approval process as the original application. Where appropriate, the environmental documentation provided for the original application may be applied to the new application.

[Ord. No. 515, Exhibit M, 5/22/13.]

      (1)   All actions and decisions of the Planning Director authorized by this Zoning Code may be appealed to the Planning Commission. All such appeals shall be filed with the Planning Commission secretary.

      (2)   All actions of the Planning Commission authorized by this Zoning Code may be appealed to the City Council. All appeals shall be filed in writing with the City Clerk.

      (3)   Any person may appeal a decision of Planning Director or Planning Commission in accordance with the terms of this Chapter.

      (4)   The City Council shall be the final approval authority for all actions. Applications which are denied by the City Council are not subject to appeal, but may be resubmitted pursuant to Section 17.100.050, above.

      All appeals must be filed within ten (10) working days of the date of the final action by the Planning Director or Planning Commission.

      Persons filing appeals shall pay all applicable fees in effect at the time of the appeal as established by Resolution of the City Council.

[Ord. No. 515, Exhibit M, 5/22/13.]

The City Council is specifically empowered to review all actions of the Planning Commission for any reason. Appeals of Planning Commission decisions by the City Council shall be subject to the following requirements:

   ·   Appeals of actions of the Planning Commission by the City Council must be filed with the City Clerk within ten (10) working days of the Commission’s action.

   ·   Appeals pursuant to this section must be filed jointly by any two (2) City Council members, who may request that an item be called for review by the City Council.

   ·   The City Council shall review the same project as the Planning Commission.

   ·   Items recalled by the City Council shall be subject to the same type of public action (i.e., action item without public hearing or public hearing item) and public noticing at the City Council as at the Planning Commission.

   ·   Appealed items shall be scheduled for the next available City Council meeting.

   ·   No fee shall be required when an item is called for review by City Council members in conformance with the requirements of this section.

[Ord. No. 515, Exhibit M, 5/22/13.]

      Any Variance, Conditional Use Permit, or Temporary Use Permit which is not exercised within the time specified in the grant of approval or, if no time is specified, within two (2) years of the effective date of such approval, shall be terminated. For purposes of this Section, "exercised" means the commencement of construction activity and/or establishment of the use or activity authorized by the grant of approval.

      The Planning Commission may extend such approval for a period of time not to exceed two (2) years, provided an application requesting the extension is filed prior to the original expiration date.

         The Planning Commission, or the City Council on appeal, may, after required public hearings have been held and action has been taken in the manner prescribed in this Zoning Code, revoke or modify any Variance, Conditional Use Permit, or Temporary Use Permit, or revoke the status of a legal nonconforming use or structure, on one or more of the following grounds:

         (A)   That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or

         (B)    That the Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status is being or recently has been exercised contrary to, or in violation of, the terms or conditions of such approval or other authorization; or

         (C)    That the Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status is being or recently has been exercised in violation of any statute, law, or regulation; or

         (D)    That the use for which approval was granted, or other use(s) not directly related, is exercised in a manner detrimental to the public health and safety or in a manner which constitutes a nuisance.

         (E)   Violations of any conditions of approval for any permit shall be addressed in the same manner as violations of the Code.

         (A)   Hearing Required

            The Planning Commission secretary shall schedule a hearing before the Planning Commission to consider the revocation, pursuant to the provisions of Chapter 17.100 of this Zoning Code. Noticing shall be required only of the owner or owners of the property affected by the variance, permit, or nonconformity, notwithstanding the provisions of Section 17.100.040.

         (B)   Findings Required

            In acting to revoke a Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status of a use or structure, the Planning Commission shall make written findings citing the reasons for the revocation.

         (A)   A revocation of a Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status of a use or structure shall not become effective until the Planning Commission has adopted a Resolution revoking such approval or status, and until the time period to appeal the Commission's decision to the City Council has lapsed with no appeal being filed.

         (B)   In the event an appeal of the Planning Commission's decision is appropriately filed, the revocation will become effective when the City Council adopts a Resolution revoking such approval or status.

         (C)   The City Clerk shall notify the property owner in writing of the Planning Commission's and City Council's action.

         The property owner, applicant, or other interested party may appeal to the City Council a decision of the Planning Commission to revoke or not revoke a Variance, Conditional Use Permit, Temporary Use Permit, or legal nonconforming status of a use or structure. The appeal shall be filed and considered in accordance with the provisions of the Adelanto Municipal Code.

[Ord. No. 515, Exhibit M, 5/22/13.]