§ 10-9

(a)

An application for any matters pertaining to this chapter shall be filed with the Department on a City application form, together with any required fees, plans, maps, reports, special studies, exhibits, and any other information deemed necessary by the Department to process the application. An application may be

initiated by the City, or owner(s) or lessee(s) of property or their agent(s), or person(s) who have contracted to purchase property contingent upon their ability to acquire the necessary permits under this chapter or their agent(s). The property owner authorization is required.

(b)

If the proposed application is denied, an application for the same application or use cannot be filed for a period of one (1) year following the date of denial. The Council, Commission, or Board may waive the oneyear wait if they feel circumstances have changed substantially and the interest of the general public will not be adversely affected.

Table 9.1-1 addresses approval process and authority for the applications provided in the Zoning Regulations. Applications and decisions where the decision body is the Director do not require a public hearing and notification, except that development plan review for second-story projects are subject to notice provisions in Section 10-9.1005(f). Applications and decisions where the decision body is the Board, Commission, or Council require a public hearing and notification as provided in Article 2. Appeals require a public hearing and notification as provided in Article 3.

Table 9.1-1 Review Process and Authority

Notwithstanding any provisions of this chapter to the contrary, where a project requires multiple applications, the applications may be reviewed concurrently by the higher reviewing body as determined by the Director. Some projects may involve applications that are not provided by this chapter such as tentative maps, general plan amendments, and annexations.

(a)

The following decisions are approved by resolution: conditional use permit, variance, annexation, general plan amendment, and tentative maps.

(b)

The following decisions are approved by ordinance: rezone (zone boundary change), prezone, zoning regulation amendment, and development agreement.

(c)

Decisions involving planned development zones, see Sections 10-7.105 and 10-7.108.

In granting an approval, the Board, Commission, Council or Director may impose conditions deemed necessary or desirable to protect the public health, safety or welfare. Subsequent to project approval, the Director or the property owner may request modification of any conditions of approval. The modification of a condition is subject to same approval process of the original approval, and shall be considered by the original approving authority.

If changes to a plan approved by the Board, Commission, Council or Director as part of a conditional use permit, variance, development plan review, P-D Zone, or other similar actions are requested, and the changes do not involve new uses, significant impact on adjacent property or significant site redesign, the revised plan may be approved by the Director or referred to the Board or Commission without a public hearing.

(a)

The Director is authorized to serve the property owner with a "Notice of Revocation Proceedings" for any failure to comply with any requirement of this Title or any condition of an approval issued pursuant to this chapter. The "Notice of Revocation Proceedings" shall be mailed to the owner of the property at the address shown on the last equalized assessment roll. Such notice shall set a public hearing for the Board or Commission consideration to either revoke the approval or take other action as deemed appropriate to ensure compliance with the approval.

(b)

After a public hearing held in accordance with this Article, the Board or Commission may modify or revoke any approval issued pursuant to this chapter on one or more of the following grounds:

(1)

The approval was obtained by fraud.

(2)

The use for which approval was granted is not being exercised or has ceased to exist.

(3)

The approval is being exercised contrary to the conditions of approval or in violation of other applicable laws or regulations.

(4)

The use for which approval was granted is being exercised so as to be detrimental to the public health, safety or welfare, or so as to constitute a nuisance.

(c)

For P-D Zones, if conditions of approval have not been complied with, the Commission may either modify it or rezone the property to the zone classification which it held immediately prior to being zoned P-D.

(d)

The resolution of the Board or Commission modifying or revoking an approval shall be final and effective fifteen (15) days after date of adoption unless appealed to the Council as provided for in this Article. See Article 2 for required Notice of Decision and Article 3 Appeal procedures.

(a)

Any conditional use permit, variance, development plan review, Planned Development Zone, or other similar action, but not including subdivision map approvals, granted by the Board, Commission, Council or Director becomes null and void if not exercised within the time specified in the resolution or letter. If no time is specified, it becomes null and void after two (2) years of the approval date.

(b)

The Director, upon written request received prior to the date of expiration, or within one (1) year of the date of expiration whether or not any written request has been received, may grant an extension(s) to the development schedule if there is no substantial change in the project. A request for extension involving any substantial change as determined by the Director shall be subject to a new entitlement process.

(Ord. No. 3734-C.S., § 1, effective 10-7-21)

It shall be unlawful to violate or fail to perform any condition, requirement or restriction placed on any conditional use permit, variance, development plan review, P-D Zone, or other similar action.

Any project approved by a conditional use permit, variance, development plan review, P-D Zone, or other similar action shall be developed and maintained in conformance with the conditions and requirements of the approving resolution or letter and any subsequent modifications by the Board, Commission, Council or Director.

The permanent project file shall at a minimum contain the application, minutes of all public meetings or hearings, copies of all resolutions, copies of all ordinances, and copies of all public notices and affidavits of their mailing, posting or publishing.

Article 2. - Notice and Hearing

When the provisions of this chapter require a public hearing, notice shall be provided consistent with notice requirements of the California State Government Code. If there is a conflict with this Article, State law prevails. Notice shall be provided as follows:

(a)

Contents of Notice. Notice of a public hearing shall at a minimum include the following information:

(1)

The identity of the hearing body;

(2)

Date, time, and location of the hearing;

(3)

A general description, in text or by diagram, of the location of the real property that is the subject of the hearing;

(4)

A general description of the matter to be considered;

(5)

A statement indicating that additional application materials and documentation are on file with the City of Modesto and where such additional project information may be viewed or obtained;

(6)

A statement that any interested person may appear at the hearing and will be provided the opportunity to be heard;

(7)

A statement that the project is in compliance with the provisions of the California Environmental Quality Act (CEQA), if applicable.

(b)

Distribution of Notice. Notice of a public hearing required by this chapter shall be given as follows:

(1)

Mailed notice. Notice shall be mailed or delivered at least ten (10) calendar days before the scheduled hearing to the following:

(i)

The owner(s) of the subject property(ies) being considered in the application, or the owner's agent, and the applicant, if applicable;

(ii)

Each local agency expected to provide schools, water, or other essential facilities or services to the project, whose ability to provide the facilities and services may be significantly affected;

(iii)

All owners of real property shown on the latest equalized assessment roll within a radius of three hundred (300) feet of the exterior boundaries of the subject property;

(iv)

Any person who has filed a written request for notice with the Director;

(v)

Additional means of distribution may be used at the discretion of the Secretary or City Clerk. Additional means of distribution may include mailing of notices not otherwise required or posting notices in the immediate area of the property.

(2)

Publish and Post Notice. The notice shall also either be:

(i)

Published at least once in a newspaper of general circulation in the City at least ten (10) days before the scheduled hearing; or

(ii)

Posted at three (3) public locations in the City at least ten (10) days before the scheduled hearing.

(3)

If the number of property owners to whom notice would be mailed in compliance with Subsection (b)(1), above is more than one thousand (1,000), in lieu of mailed or delivered notice, a display advertisement of at least one-eighth (⅛) page may be placed in at least one (1) newspaper of general circulation within the City.

(4)

A public hearing notice may combine multiple applications with one (1) notice.

(c)

Notices required by the California Environmental Quality Act (CEQA) or the Subdivision Map Act shall be prepared and advertised in accordance with the provisions of those statutes.

When a public hearing is required by this chapter, the hearing shall be conducted as follows:

(a)

Public Hearing. The public hearing shall be conducted according to such rules as may be adopted by the hearing body and shall be held at the date, time, and place stated in the required notice. Minutes of the public hearing shall be prepared in the Department or the City Clerk office as appropriate. At the public hearing, interested persons shall be given the opportunity to present information and testimony in favor of or in opposition to the proposed project. The public hearing shall be conducted consistent with applicable State law.

(b)

Continuing a Public Hearing. A public hearing may be continued without further notice from its scheduled date to a future date provided that prior to the adjournment or recess of the hearing, the future date is specified.

(c)

Deferral of final decision. The hearing body may announce a tentative decision, and defer their action on a final decision until appropriate findings and/or conditions of approval have been prepared.

(a)

Administrative Decision

(1)

No more than twenty (20) days after an administrative decision is made, the Director shall provide written notice of the decision to the applicant and/or owner. The record of the decision shall include applicable findings and conditions of approval.

(2)

A Director decision shall be final and effective fifteen (15) days after the notice of decision is mailed to the applicant unless the decision is appealed to the Board or Commission within the 15-day period. See Table 9.1-1 as to whether the appeal is heard by the Board or Commission. Filing of an appeal shall stay the effective date of the decision until the Board or Commission has acted on the appeal.

(3)

Written notice of decision shall be considered as having been given whenever it has either been personally delivered or deposited in the United States mail.

(b)

Board and Commission Decision

(1)

The record of the Board or Commission decision shall be by resolution and such decision shall be final unless an appeal is filed in accordance with Section 10-9.302.

Article 3. - Appeals

(a)

Any person disagreeing with an administrative decision made by the Director involving the application of this chapter may appeal the decision to the Board or Commission. See Table 9.1-1 as to whether the appeal is heard by the Board or Commission.

(1)

A written appeal shall be filed with the Secretary within fifteen (15) days of the date of the decision. Filing of an appeal within this period shall stay the effective date of the decision until the Board or Commission has acted on the appeal. The written appeal shall clearly state the decision excepted to and the grounds for the appeal.

(2)

Upon the filing of an appeal in the proper form and with a fee as established by the Council, the Secretary shall set the matter for consideration by the Board or Commission within sixty (60) days after the date of the filing of said appeal. Written notice of the date and time of consideration shall be given to the appellant and any other persons requesting notice not less than ten (10) days prior to Board or Commission consideration.

10-9.302 - Appeal of Board and Commission Decisions.

(a)

Any person disagreeing with a decision made by the Board or Commission involving the application of this chapter may appeal the decision to the Council within fifteen (15) days after the date of Board or

Commission action.

(1)

Upon the filing of a written appeal, including receipt of a filing fee, the City Clerk shall set a public hearing date. The date shall be not less than ten (10) or more than sixty (60) days after filing of the appeal.

(2)

Prior to the Council hearing or the appeal, the Secretary shall send to the Council a copy of the record of the case.

(3)

A public notice of the appeal shall be prepared and distributed in accordance with Section 10-9.201.