CHAPTER 17.100
ADMINISTRATIVE PROCEDURES

   17.100.010   General Procedures

   17.100.020   Application Procedures

   17.100.030   Fees and Deposits

   17.100.040   Notice of Public Hearings

   17.100.050   Hearings and Effect of Actions

   17.100.060   Appeals

   17.100.070   City Council Review of Planning Commission Actions

   17.100.080   Expirations, Extensions, and Revocations

   17.100.090   Ministerial Review

17.100.010 General Procedures

   (a)   Introduction

      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.

   (b)   Types of Review Procedures in Effect in Adelanto

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

   (c)   Responsible Decision-Making Bodies

      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.

TABLE 100-1 REVIEW AUTHORITY
Type of Action	Planning Director or Designee		Planning Commission			City Council
	Authority to Approve or Deny	Advisory to Planning Commission	Authority Approve or Deny	Advisory to City Council Only	Public Hearing Required	Public Hearing Required	No Public Hearing Required
Tentative Tract Maps, Tentative Parcel Maps and associated Design Review		∙	∙		∙
Final Subdivision Map for Recordation						∙
(Note: Final Maps are processed through the Public Works Department)						(Public Works Dept. Processes)
Reversion to Acreage	∙
Lot Line Adjustments	∙
(Note: Lot Line Adjustments are processed through the Public Works Department)	(Public Works Dept.)
Lot or Parcel Merger	∙
(Note: Lot or Parcel Mergers are processed through the Public Works Department)	(Public Works Dept.)
Extension of Time for Tentative Maps and Location and Development Plans		∙	∙
Certificate of Land Use Compliance	∙
Minor Variance- Section 17.140.020	∙
Major Variance- Section 17.135.020		∙	∙		∙
Minor Conditional Use Permit, Section 17.132.020, Appendix A (CUPm)	∙
Conditional Use Permit- Section 17.130.020, Appendix A (CUP)		∙	∙		∙
Minor Location and Development Plan (LDPm) and associated Design Review
Residential- Single-family 1-4 units, second units, Multi-family 1-6 units, hangers less than 10,000 square feet	∙

 

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.

Type of Action	Planning Director or Designee		Planning Commission			City Council
	Authority to Approve or Deny	Advisory to Planning Commission	Authority Approve or Deny	Advisory to City Council Only	Public Hearing Required	Public Hearing Required	No Public Hearing Required
Commercial
Maximum 50 percent increase in the gross floor area of the existing structure before the addition, or 2,500 square feet of gross floor area, whichever is less.	∙
1-10,000 square feet of gross floor area (if all public services or facilities available), maximum 4 buildings on a maximum of 5 acres, no habitat, rare, or endangered species	∙
Industrial
Maximum 50 percent increase in the gross floor area floor area of the existing structure before the addition, or 2,500 square feet of gross floor area, whichever is less.	∙
Less than 10,000 square feet of gross floor area (if all public services or facilities available), maximum 4 buildings on a maximum of 5 acres	∙
Location and Development Plan Approval (LDP) and associated Design Review
Residential
Multi-family 7 or more units, 2 or more buildings			∙		∙
Commercial
10,000 square feet of gross floor area or more, more than 4 buildings, more than 5 acres, or if all public services/utilities not available		∙	∙		∙
Industrial
10,000 square feet of gross floor area or more, more than 4 buildings, or more than 5 acres, or if all public services/utilities not available		∙	∙		∙
Temporary Use Permit	∙

 

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.

Type of Action	Planning Director or Designee		Planning Commission			City Council
	Authority to Approve or Deny	Advisory to Planning Commission	Authority Approve or Deny	Advisory to City Council Only	Public Hearing Required	Public Hearing Required	No Public Hearing Required
Zoning Code Amendment/Change of Zone (See also Section 17.150.020 Location and Development Plan Approval)		∙		∙	∙	∙
Specific Plans and Specific Plan Amendments		∙		∙	∙	∙
General Plan Amendments		∙		∙	∙	∙
CEQA: Negative Declarations and EIRs		∙	CEQA documents are approved/certified by the body having decision-making authority on the proposed project, as defined in this Section.
Redevelopment Projects, Plans, and Reports		∙		∙	∙	∙
Agricultural Preserves and Amendments		∙		∙	∙	∙
Sign Program		∙	∙
Sign Plans- (individual signs/ sign copy)	∙
Landscape Plans	∙
Fence and Wall Plans	∙

 

[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.

17.100.020 Application Procedures

   (a)   Applications Required

      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.

   (b)   Who May Initiate an Application

      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.

   (c)   Acceptance of Applications by the Planning Director

      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.

   (d)   Concurrent Applications

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

   (e)    Withdrawal of an Application

      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.

   (f)   Inactive Applications

      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.]

17.100.030 Fees and Deposits

   (a)   Fees Established by Resolution

      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.

   (b)   Refunds

      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.]