Modesto Municipal Code Art. 10 Development Plan Review

Where provisions of this chapter require development plan review by the Director or designee ("Director"), the requirements and procedures of this article shall apply. The purposes and intent of development plan review are to:

(a) Ensure that new development or expansions of existing uses or structures occurs in a manner consistent with the overall objectives of the General Plan, the objectives of the Zoning Regulations and with the neighborhood or area in which the development is proposed to be located;

(b) Ensure that all new development is consistent with the development standards contained in the Zoning Regulations and with City of Modesto standard specifications; and

(c) Ensure that all new development is consistent with applicable design guidelines.

(a) The following specific regulations shall apply to all development plan reviews. Where conflict in regulation occurs with other provisions of this chapter, the regulations in this article shall apply.

(b) The following are subject to development plan review:

(1) All development projects in the P-O, C-1, C-2, or C-3, C-M, M-1, M-2, or Downtown (Chapter 7, Article 5) zones which do not otherwise require a Conditional Use Permit or other similar approval unless exempted as provided in Section 10-9.1002(c) below.

(2) In the P-D zone, for all Residential, Commercial and Industrial uses, changes in development plan pursuant to Section 10-7.108(c).

(3) In the R-2 and R-3 zones, five (5) or more units.

(4) Wireless Telecommunication Facilities pursuant to Chapter 3, Article 4.

(5) All projects that exceed one (1) story in height in the R-1, R-2, and R-3 zones located next to the R-1 zone pursuant to Section 10-4.110.

(6) A Large Family Day Care pursuant to Section 10-3.204(a)(2).

(c) The following types of projects are exempt from Development Plan Review, provided they are consistent with the Municipal Code and any applicable design guidelines:

(1) Repairs. Ordinary repairs and maintenance where the work does not result an expansion of the structure, and where exterior repairs employ the same materials and design as originally used;

(2) Parking lot resurfacing or restriping provided that no change or alteration is made to trees, landscaping, onsite circulation or access points;

(3) Tenant improvements affecting only the building interior;

(4) Color Modifications. Repainting of an existing buildings;

(5) Fences and Walls. The construction, modification or replacement of fences and walls;

(6) Accessory Structures. Accessory structures less than or equal to one hundred twenty (120) square feet in size;

(7) Window Modifications. Window modifications (except removal) which include new and replacement windows, frosting, tinting or the addition of other materials to obscure a window. This exemption excludes window modifications subject to Section 10-4.110;

(8) Roof. A modification to the roof of a structure where the style is maintained (i.e. gable, mansard, parapet). Eligible modifications include new roofing materials, modifications to the parapet or roof screen, or a new parapet or roof screen; and,

(9) Minor Landscape Modifications. The addition, replacement or removal of landscape materials that does not conflict with an approved landscape plan or approved storm water quality plan.

(Am. Ord. No. 3618-C.S., § 2(Exh. A), effective 6-25-15)

(a) The Director may approve a waiver from development plan review to allow a minor modification to a site or structure, with or without a previously approved development plan, where the modification is consistent with the Municipal Code, applicable design guidelines and the project is exempt from the California Environmental Quality Act.

(b) The following development projects are eligible to apply for a waiver from development plan review:

(1) Minor Structural Additions. Additions which are less than ten (10) percent of the floor area of the structure;

(2) Facade Modifications. Facade modifications where the character or design of the building is maintained or enhanced;

(3) Concealed Modifications. Modifications that are not visible from any public street or area held open to the public;

(4) Minor Site Layout Modifications. A minor modification of the layout of the site including new paving areas, sidewalks or other similar improvements; and,

(5) Other. Any other improvements determined by the Director to be minor in nature.

Where development plan review is required for a use or structure under the provisions of this article, the following aspects of the project are to be reviewed by the Director:

(a) Conformance of the proposed project to applicable development standards as established by this title and the standard specifications, and conformance of the proposed development with adopted design review guidelines applicable to the zone and development.

(b) The location of the site and structures in relation to buildings on adjoining sites, with particular attention to privacy.

(c) In granting development plan review, the Director may impose conditions deemed necessary or desirable to maintain neighborhood compatibility and to protect the public health, safety or welfare or to conform to applicable standards and guidelines.

(a) Upon filing of any development plan subject to review under this article, the planning staff shall, make a determination as to completeness of the application and associated information. The Planning Division, Community and Economic Development Department, may refer the application and all accompanying maps, drawings, plans, elevations, tabulations and other information to various City departments for review and comment.

(b) Following a determination that the application is complete, the Director shall review the application for compliance to Section 10-9.1004 and shall, following completion of such review, provide written notice of the decision to the applicant and/or owner, which may include conditions and corrections required to establish conformance with regulations as described above. A copy of this decision shall be mailed to the applicant.

(c) At the discretion of the Director, a development plan subject to review under this article may be referred to the Planning Commission for decision.

(d) Projects that require a Mitigated Negative Declaration (MND) or Environmental Impact Report (EIR) shall be referred to the Planning Commission or City Council for a decision.

(e) The administrative decisions shall be final and effective fifteen (15) days after the date of approval or denial, unless the decision is appealed in writing to the Planning Commission within the 15-day period pursuant to Section 10-9.301.

(f) For residential projects, subject to development plan review pursuant to Section 10-4.110(a) for compliance with the neighborhood compatibility guidelines, the following notification procedures shall be followed:

(1) Within fifteen (15) days following application for an administrative decision by the Director, a notice shall be mailed to every property owner, as shown on the updated equalized assessment role of the County of Stanislaus, who owns property, any part of which is within one hundred fifty (150) feet of the property involved. This notice, shall at a minimum, identify the location of the subject property, describe the proposal, and explain where the proposed plans are available for public review.

(2) At the time of administrative decision by the Director, a second notice shall be mailed to all those who received the first notice, plus any other interested parties requesting such notice. In addition to the information included on the first notice, the second notice shall indicate that a decision has been made, whether for approval or denial, and explain the 15-day appeal period which starts as of the date of Director decision (see Section 10-9.301).