Chapter 17.150 — LOCATION AND DEVELOPMENT PLAN

(a) The City recognizes that in order to provide safe and efficient circulation, compatibility with surrounding uses, attractive and efficient designs, and required landscaping, open space, and other areas, all new development, establishment of new uses require the formal review and approval of a detailed Location and Development Plan. The Location and Development Plan approval process is provided for this purpose.

(b) Based on the size and type of new development, the City has established two types of Location and Development Plan (LDP) applications- LDP and Minor LDPs (identified as LDPm in Appendix A).

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

Applications for Location and Development Plan shall be submitted for all projects and all allowable uses and structures permitted by this Code and listed in the use charts for the various zoning districts, including the following:

(a) New structures, including accessory structures and satellite dishes;

(b) Expansion or conversion of an existing use or structure, including tenant improvements;

(c) Construction or conversion of a structure(s) to allow a mixed-use development;

(d) Enlargement of an existing structure for which a Location and Development Plan has not previously been issued;

(e) Movement and relocation of any structure, including factory built and manufactured housing, to any parcel within the City. [Ord. No. 515, Exhibit N, 5/22/13.]

All Location and Development Plan applications (both LDP and LDPm) 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 designee, may reject any application that is incomplete. [Ord. No. 515, Exhibit N, 5/22/13.]

(a) Minor Location and Development Plan (LDPm)

An application shall be filed pursuant to the provisions of Section 17.100.020 of this Zoning Code. Upon acceptance of a Location and Development Plan application as complete, the Planning Director or his/her designee shall review the application for conformance with the provisions of this Zoning Code and add conditions of approval to ensure compliance with Section 17.150.060.

(1) Within thirty (30) days of receipt of a completed application, the Director, or designee, shall prepare and issue a decision letter to the applicant.

(2) Such decision letter shall reflect the Planning Director’s determination to approve, conditionally approve, or deny the application. If the Location and Development Plan is approved, the decision letter shall recite the conditions and limitations imposed, if any.

(b) Location and Development Plan (LDP)

An application shall be filed pursuant to the provisions of Section 17.100.020 of this Zoning Code. Upon acceptance of a Location and Development Plan application as complete, the Planning Director or his/her designee shall review the application for conformance with the provisions of this Zoning Code. (1) The Planning Director shall prepare a recommendation and forward the recommendation, application, and other relevant materials to the Planning Commission secretary. The secretary shall schedule the matter for public hearing pursuant to the provisions of Chapter 17.100 of this Zoning Code.

(2) The Planning Commission shall hear and take action upon the Application pursuant to the provisions of Chapter 17.100 of this Zoning Code.

(3) The Planning Commission shall act to approve, conditionally approve, or deny the application.

(4) The Planning Commission shall adopt a Resolution containing its findings and decisions. The Resolution shall recite, among other things, the facts and reasons which make the granting or denial of the Location and Development Plan necessary to carry out the provisions and general purpose of this Zoning Code. If the Location and Development Plan is approved, the report shall recite the conditions and limitations imposed, if any. [Ord. No. 515, Exhibit N, 5/22/13.]

The decision of the Planning Commission is considered final on the date the Planning Commission adopts a Resolution setting forth a decision. The decision shall become effective upon adoption of the Resolution, unless an appeal is filed.

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

The Planning Director, Planning Commission, and City Council on appeal, in acting to approve a Location and Development Plan Application, may impose conditions as are reasonably necessary to ensure the project is consistent with the General Plan, compatible with surrounding land uses, and meets the provisions and intent of this Zoning Code. In making such a determination, the hearing body shall find that the proposed use is, in general, in accord with the following principles and standards:

(a) That the proposed uses are consistent with the General Plan;

(b) That the nature, condition, and development of adjacent uses, buildings, and structures have been considered, and that the use will not adversely affect or be materially detrimental to these adjacent uses, buildings, or structures;

• (c) That the site for the proposed use is of adequate size and shape to accommodate the use and buildings proposed;

• (d) That the proposed use complies with all applicable development standards of the Zoning District; and

• (e) That the proposed use observes the spirit and intent of this Zoning Code.

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

(a) 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.

(b) Expiration of Permits

Any Location and Development Plan 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. The Planning Commission may extend such approval for a period of time not to exceed five (5) years (two (2) two-year extensions and one (1) one-year extension), provided an application requesting the extension is filed prior to the original expiration date. 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. [Ord. No. 475, Section 5, 5/28/08; Ord. No. 515, Exhibit N, 5/22/13.]

An approved Location and Development Plan which is valid and in effect and granted pursuant to the provisions of this Zoning Code shall run with the land and shall continue to be valid upon change of ownership of the land or any lawfully existing building or structure on the land. [Ord. No. 515, Exhibit N, 5/22/13.]

(a) Authority

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 Location and Development Plan on one or more of the following grounds: (1) That the approval was obtained by fraud, or that the applicant made a materially false representation on the subject application; or (2) That the Location and Development Plan is being or recently has been exercised contrary to, or in violation of, the terms or conditions of such approval or other authorization; or (3) That the Location and Development Plan is being or recently has been exercised in violation of any statute, law, or regulation; or, (4) That the construction and development, activity, or 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. (5) Violations of any conditions of approval for any permit shall be addressed in the same manner as violations of the Code. (b) Proceedings

(1) 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 Location and Development Plan, notwithstanding the provisions of Section 17.100.040. (2) Findings Required In acting to revoke a Location and Development Plan, the Planning Commission shall make written findings citing the reasons for the revocation. (c) Effective Date (1) A revocation of a Location and Development Plan 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. (2) 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. (3) The City Clerk shall notify the property owner in writing of the Planning Commission's and City Council's action. (d) Right of Appeal

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 Location and Development Plan. The appeal shall be filed and considered in accordance with the provisions of the Adelanto Municipal Code. [Ord. No. 515, Exhibit N, 5/22/13.]