Modesto Municipal Code Art. 1 General Administration

(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 one-year 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.