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City of Modesto :: Development Center :: Conditional Use Permit


Development Permits : Conditional Use Permits

Dept/Div. Contact:  Planning Division - (209) 577-5267

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Description: The City of Modesto encourages a healthy mix of uses around the City. Certain types of uses, however, may not necessarily be compatible with surrounding properties or their neighborhood. The City uses the Conditional Use Permit to evaluate whether a proposed use is appropriate for a particular property; the approving body may impose conditions to assure compatibility with neighboring businesses or residences.

Examples:  Conditional Use Permits may be used for certain uses such as churches, day-care centers in residential zones, residential uses in commercial zones, new development in the C-3 Zone, increasing building height above limits, or reoccupancy of a vacated, nonconforming building, and certain types of signs.

PROCESS OVERVIEW:  

Submit Preliminary Proposal

This submittal is an optional courtesy review by Planning staff, which provides applicants with preliminary feedback on development proposals prior to submitting a full application. It does not include review by other departments or divisions.

Where to submit:

Planning Division
1010 Tenth Street, 3rd Floor [Directions]
(209) 577-5267

What to bring:

Information/Forms: (#PER3P)

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Submit Concept Review

This submittal is an optional comprehensive review that includes comments from all City departments and divisions.

Where to submit:

Planning Division
1010 Tenth Street, 3rd Floor [Directions]
(209) 577-5267

What to bring:

Information/Forms: (#PER3C)

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Submit an Application

Once the preliminary proposal or concept review process concludes, an application will need to be submitted. Once the application packet has been determined to be complete, most projects will take 11-12 weeks to process.  Some projects may take longer than others depending on environmental impacts and other considerations.

Where to submit application:

Planning Division
1010 Tenth Street, 3rd Floor [Directions]
(209) 577-5267

What to bring:

Information/Forms: (#PER3A)

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Additional Requirements

Some applications may have additional requirements. These will be determined by Planning Staff after review of the initial application.

Project Review

All application packets must be received by a Planner to determine if all submittal criteria have been met. A Project Planner will be assigned to process the application and will review the application with staff members from other departments (Fire Prevention, Public Works, Building Safety, and Transportation) for their input.

Staff Report

When the project review period has ended and the identified issues have been resolved, the application is scheduled for a public hearing before the Board of Zoning Adjustment. A staff report is written, and a copy is mailed to the applicant. The staff report includes staff's recommendation and conditions to be applied to the project, if applicable.

Public Notification

Public Hearing notices are sent to all property owners within 300 feet of the property 20 days prior to the Board of Zoning Adjustment hearing.

Public Hearing

At the public hearing the project may be approved or denied. Staff provides an oral report on the proposal and the staff recommendation. The applicant is then given an opportunity to address the Board of Zoning Adjustment, then members of the public are asked for input. The Board of Zoning Adjustment will then makes its decision of approval or denial.

Appeal

During a 15-day period after the Board of Zoning Adjustment meeting, the applicant or members of the public may appeal the Commission's decision to the City Council by filing a letter of appeal with the City Clerk's Office (fee). Denials by City Council cannot be appealed.

POST-APPLICATION INFORMATION:

Subsequent to project approval there may be additional processes required before a project can be constructed, such as obtaining a building permit; additional fees may be incurred.

Related Forms & Handouts (#PER3)

These documents are provided in PDF Format. You must have a PDF viewer in order to open these documents. Click here for the free Adobe Acrobat viewer.

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Have Questions?

Contact our Planning Division at (209) 577-5267.

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