(a) Scheduling of Hearings
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.
(b) Right of Persons to Comment
(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.
(c) Action of Hearing Body and Continuance of Hearings
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.
(d) Conditions May Be Imposed
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.
(e) Notice of Decision
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.
(f) Land Use Action Denial - Reapplication
(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.]