Modesto Municipal Code Art. 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.