Chapter 9-5 ADMINISTRATION

The Development Services Director shall prescribe the form in which applications shall be made for the reclassification of property, permits, amendments, and appeals. In addition to any other information required in connection with applications, a map shall be submitted with each application showing the boundaries of the subject parcel and each parcel within an area defined by TMC 9-5-120 for transmitting notices of hearings. This map shall include the Assessor’s block and lot numbers of each parcel so shown. A list shall accompany the map giving the names and addresses of the property owners of the subject parcels. No application shall be accepted unless it is complete and complies with such requirements. The acceptance of an application shall not constitute any indication of approval.

The application shall be made on forms furnished by the Development Services Department and shall be full and complete. All applications shall include data such as building and site plans and other information necessary to assure the presentation of all pertinent facts for the permanent record and to assist in determining the validity of the request.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-102 Applications: Accompanying maps and data.

An application for a permit, reclassification of land, amendment, or appeal shall be accompanied by maps, drawings, and data as necessary to evaluate the proposed request for conformance with the General Plan and the provisions of this chapter.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-103 Applications: Investigations.

The responsible official shall make, or cause to be made, an investigation of the facts bearing on the case to provide the information necessary to assure action consistent with the intent of this chapter and the Turlock Area General Plan and its amendments. A written report of such investigation shall be presented to the bodies charged with the responsibility of dealing with the specific action.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-104 Applications: Hearings.

Upon the receipt of a complete and verified application, a reasonable time and place for a public hearing with the appropriate deciding body shall be established. The hearing shall be held in accordance with the procedures and requirements set forth in this article.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-105 Application fees.

(a) Applications and permits. The City Council shall, by resolution, fix the amount of the fees for the applications and permits required and authorized by the provisions of this chapter. Before accepting any application, the established fee shall be charged and collected.

(b) Special reports and consultants. Before accepting any application for filing, the estimated costs of any special report or consultant’s fee determined to be necessary shall be charged and collected. Any actual cost that is more than that paid by the applicant shall be collected from the applicant prior to the issuance of the permit, and any estimated cost collected from the applicant that is more than the actual cost shall be returned to the applicant at the time of the issuance of the permit.

(c) Waivers. Any fee required by the provisions of this chapter may be waived for any public body, district, or agency of the Federal, State, County, or municipal government.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-106 Application expiration.

The application shall expire after one (1) year from the date of submittal or if the applicant fails to respond to an incomplete letter from the Planning Division within six (6) months of transmittal.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-107 Permits: Expiration.

Any permit issued shall expire if the use permitted has not commenced within one (1) year of the date of approval or as otherwise specified in the permit. A use shall be deemed to have commenced upon issuance of a building permit, construction, the issuance of a certificate of occupancy from the Building Division, or approval of other permits deemed equivalent by the Development Services Director.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-108 Permits: Renewal.

Any permit may be renewed for an additional period of one (1) year, provided an application for the renewal of the permit is filed with the acting agency prior to the expiration of the permit. The acting agency may grant or deny an application for renewal in the same manner as set forth in this article for the specific action in the original application.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-109 Permits, certificates, and licenses: Validity.

Any permit, certificate, or license issued in conflict with the provisions of this article shall be null and void.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-110 Permits and variances: Revocation or modification: Grounds.

Unless otherwise specifically provided in this article, the acting agency may revoke or modify any permit or variance on one (1) or more of the following grounds:

(a) That the approval was obtained by fraud;

(b) That the use for which the approval was granted is not being exercised;

(c) That the granted permit or variance is being, or recently has been, exercised contrary to the terms and conditions of approval or in violation of any statute, ordinance, law, or regulation;

(d) That the use for which the approval was granted is being exercised in a manner that is detrimental to the public health or safety or constitutes a nuisance; or

(e) That the continued exercise of the use for which the approval was granted appears to be detrimental or contrary to the public welfare.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-111 Permits and variances: Suspension and revocation.

Upon determining the violation of any applicable permit or variance granted according to the provisions of this chapter, the Development Services Director may automatically suspend that permit. The property owner will be notified immediately upon suspension. All operations of the use may be ordered to cease during the time of suspension if it is determined necessary in order to protect the health, safety, and general welfare of the public. A public hearing shall be held within sixty (60) days of notification of suspension. If, at this hearing, it is determined that the regulations, general provisions, and conditions are not being complied with, the permit or variance may be revoked or action may be taken to ensure compliance.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-112 Amendments: Authorized.

This chapter may be amended by changing the boundaries of districts, the classification of land, any regulations, or other provisions if required for the public necessity, convenience, or general welfare. Amendments may be authorized by the City Council upon a recommendation from the Planning Commission. The procedures and requirements set forth in this article shall govern all actions on amendments.

(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-113 Amendments: Initiation.

Amendments may be initiated as follows:

(a) By a resolution of intention of the Council;

(b) By a resolution of intention of the Commission;

(c) By the application of any interested person or the Development Services Director for an amendment involving the classification of any use not listed in this chapter or to change the classification of any listed use where it is alleged that change in processes, procedures, or methods of operation or serving the public warrant such change.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-114 Amendments: Applications.

The application for an amendment shall be filed with the Secretary of the Planning Commission by the applicant. The applicant shall submit all the required data in accordance with the provisions of this article.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-115 Amendments: Hearings.

All applications for amendment shall be reviewed at a public hearing before the Planning Commission in accordance with the provisions of this article. The City Council shall take action on the proposed amendment at a public hearing subsequent to review and recommendation by the Planning Commission.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-116 Hearings: Scope of provisions.

The procedures and requirements in TMC 9-5-121 through 9-5-130 shall govern the action on matters requiring public hearings.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-117 Hearings: Time and place.

The Secretary of the Commission or the Clerk of the Council shall set a reasonable time and place for public hearings. Hearings shall be held not less than fifteen (15) nor more than one hundred (100) days after the receipt of a completed application including all necessary documents or studies, unless different time limits are specified in this article for the specific actions.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-118 Hearings: Notices: Form.

The notice of a public hearing shall include the description of the property, the nature of the proposal, the time and place at which the public hearing will be held.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-119 Hearings: Notices: Publication.

All notices of public hearings before the Planning Commission or the City Council shall be published in a newspaper of general circulation in the community not less than ten (10) days before the hearings.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-120 Hearings: Notices: Posting and transmitting.

All notice of public hearings before the Planning Commission shall be posted and transmitted or published, in accordance with the following requirements:

(a) Posting. Not less than one (1) notice giving the time, date, and location of the hearing shall be posted in a location that is visible to the general public. Such notices shall be posted not less than seventy-two (72) hours prior to the hearing.

(b) Mailing. Letter or postal card notices shall be mailed to property owners within a five hundred (500') foot radius of the subject property not less than ten (10) days before the hearing. The applicant may furnish a certified copy of the names and addresses of the property owners as shown on the latest equalized assessment roll. The failure to send a notice by mail to any property owner, where the address is not a matter of public record, shall not invalidate any proceedings in connection with any action.

(c) Electronic transmittal. Notices may be electronically transmitted to any property owner that has requested notification in this manner. Such notice shall be equivalent to mailing by letter or post card; provided, that the same information is made available in the notice.

(d) On-site posting. Within ten (10) days of filing an application for a permit for a project requiring a public hearing before the Planning Commission, the applicant shall post an approximately four (4') foot by six (6') foot sign, containing both a written description and an illustration of the proposed project, on the subject property in a location visible to the public or other location approved by the Development Services Director.

(e) Publication. When a large number of parcels of land are to be rezoned to conform to the General Plan, all notices may be given by publication in a newspaper of general circulation in the City and in the County. There shall be a minimum of two (2) publications at least five (5) days apart, and the last publication shall be at least ten (10) days prior to the hearing.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-121 Hearings.

The Planning Commission or City Council shall review the application or proposed action and any evidence or reports pertinent to any action to be taken. The Planning Commission or City Council shall hear all persons wishing to be heard on the subject for the public hearing. The applicant or appellant may appear in his own behalf or be represented by other authorized representatives.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-122 Hearings: Transcripts.

Any person interested in an application, appeal, or proposed action may request a copy of the recorded tapes, if any, within two (2) weeks of the hearing date. Any request shall be submitted in writing, and the person making the request shall agree to pay all the costs involved in obtaining a copy of the tapes. Nothing in this section shall prevent any interested person from employing a stenographic reporter of his own if he so chooses.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-123 Hearings: Continuance.

If, for any reason, a public hearing cannot be held on the date set, the Planning Commission may reschedule the hearing to a later date. When rescheduled to within thirty (30) days of the original hearing date, the Planning Commission may publicly announce the time, place, and location of the rescheduled hearing and additional notice will not be required. Otherwise, if the hearing is rescheduled beyond thirty (30) days, additional public notice will be required in accordance with TMC 9-5-117 through 9-5-120.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-124 Commission hearings: Commission recommendations.

The Planning Commission shall provide its recommendations to the project applicant within ten (10) days after the conclusion of the public hearing. Such action shall be by resolution which shall set forth the findings of the Planning Commission and any recommended conditions and any specific findings or recommendations specified in this article for the specific action thereon. The action shall be by a majority vote of all the voting members.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-125 Commission hearings: Transmittal of resolutions.

Not later than ten (10) days following the rendering of a decision or recommendation, a copy of the resolution shall be transmitted to the applicant at the physical or electronic address shown on the application filed with the Secretary of the Planning Commission. Other copies of the resolution shall be transmitted or filed as specified in this article for the specific action thereon.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-126 Commission hearings: Records.

The Secretary of the Planning Commission shall maintain a record of the evidence presented at such public hearing. If the Planning Commission recommends the approval of the application or the proposed action, the Secretary of the Planning Commission shall transmit the complete record of the case to the City Council. In the case of an appeal on a Planning Commission decision, the Secretary of the Planning Commission shall transmit the complete record of the case to the City Council immediately after the appeal is filed.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-127 Council hearings: Council decisions.

The City Council shall take action on recommendations from the Planning Commission by approving, conditionally approving, or disapproving proposed applications. City Council action shall be taken by resolution or, in the case of amendment to the zoning regulations, by ordinance. Such resolution shall set forth the findings of the City Council and any required conditions, including the time limits and the guarantees necessary to insure compliance with the provisions of this chapter and the General Plan.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-128 Council hearings: Transmittal of resolutions and ordinances.

Not later than ten (10) days following the rendering of a decision, a copy of the resolution or ordinance shall be forwarded to the Secretary of the Planning Commission by the City Clerk.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-129 Council hearings: Records.

The City Clerk shall make a record of the evidence presented at the public hearing. The record, together with the resolution or ordinance announcing the findings of the public hearing, shall be maintained as a part of the permanent records of the City.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-130 Appeals: Authorized.

Any action or decision of the Planning Commission rendered pursuant to the provisions of this chapter may be appealed as provided by Chapter 1-4 TMC. Any action of the Development Services Director made hereunder may be appealed to the Planning Commission in the same manner as provided by Chapter 1-4 TMC.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-131 Permits and variances: New applications.

Following the denial or revocation of any permit or variance, an application for the same or similar use on the same site shall not be accepted for submittal to the acting agency within a one (1) year period after the date of denial or revocation.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 2. Zoning Certificates and Home Occupation Permits

9-5-201 Zoning certificates: Purpose.

The purpose of a zoning certificate is to provide a preliminary review for proposed business uses to determine consistency and conformance with requirements of the applicable zoning district.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-202 Zoning certificates: Required.

A zoning certificate shall be required prior to the commencement of any new business use or change of ownership upon application for a business license. A zoning certificate shall not be required for the renewal of a business license for existing businesses.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-203 Zoning certificates: Application.

An application for a zoning certificate may be made at the same time the application for a business license is made. The acceptance of an application shall not constitute any indication of approval.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-204 Zoning certificates: Applications: Departmental approval.

The Development Services Director shall check the application to assure compliance with all the provisions of this chapter and may issue the zoning certificate upon determining that proposed use either conforms with the standards of the applicable zoning district or constitutes a previously conforming use.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-205 Zoning certificates: Denial.

Should the Development Services Director determine that the proposed use does not conform to the standards of the zoning district or constitute a previously existing conforming use, approval of the zoning certificate application shall be denied.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-206 Zoning certificates: Effective date.

The zoning certificate shall become effective immediately after the issuance of such certificate by the Development Services Director. However, the approved use shall not commence until a certificate of occupancy has been issued by the Building and Safety Division.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-207 Zoning certificates: Expiration.

The zoning certificate shall expire six (6) months after the effective date if the use has not commenced within this time. If the approved use has commenced within six (6) months of the effective date, the zoning certificate shall expire concurrently with the expiration of any associated business license.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-208 Home occupation permits: Required.

No home occupation shall be established in a residence until a home occupation permit is approved by the Secretary of the Planning Commission.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-209 Home occupation permit: Applications.

An application for a home occupation permit shall be submitted to the Secretary of the Planning Commission by the person responsible for the operation of any home occupation. If the applicant is not the owner of the property involved, the applicant shall have a “consent of owner” form signed by the owner or his authorized representative.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-210 Home occupation permits: Conditions: Issuance.

(a) Conditions. No home occupation permit shall be issued unless the use applied for meets the following standards and conditions:

(1) The permit is only valid for the person(s) and location identified in the application and shall not be transferable to another person(s) or location.

(2) The home occupation shall be conducted entirely within the residential dwelling or approved accessory structure that complies with TMC 9-2-101, Accessory buildings or structures. Outside activity, storage, or display is prohibited.

(3) The floor area used for such occupation or profession shall not exceed four hundred (400) square feet in any case.

(4) The proposed occupation shall clearly be incidental and secondary to the residential use of the dwelling, and shall not change the residential character of the dwelling.

(5) Window displays, “show windows,” or other exterior display to attract customers, clients, or the general public are prohibited. No exterior sign, except a professional occupation sign one (1') foot by one (1') foot in size, announcing the name and home occupation, affixed to a wall of the primary dwelling.

(6) Exterior alterations of residential dwellings, for the purpose of drawing attention to the business, or in association with the operation of the business, are prohibited.

(7) Operation of the business shall not generate vehicular traffic that is not normally associated with residential or agricultural uses.

(i) Deliveries to the home occupation shall be limited to no more than two (2) deliveries per day. No delivery shall be by vehicles larger than a typical delivery van (FedEx, UPS, etc.).

(ii) No more than one (1) standard pickup or van, and one (1) utility trailer, as defined and in accordance with TMC 9-2-114, specifically designated to be used for the home occupation shall park at the subject residence at any time.

(iii) Must comply with TMC 4-7-1008 concerning the parking of commercial vehicles in residential districts.

(iv) In the event outside persons are employed to perform functions of this business away from the premises, parking or storage of employees’ vehicles in the neighborhood is prohibited.

(v) At least one (1) on-site parking space shall be provided for customers to the business. For the purposes of this section only, parking in a driveway shall meet the definition of a parking space.

(8) Such occupation or profession shall be conducted by the residents of the premises.

(9) The proposed home occupation business shall be limited to no more than two (2) customers at a time and no more than six (6) customers per day, arriving no earlier than 7:00 a.m. and leaving no later than 7:00 p.m.

(10) Storage of goods that are not produced on the premises shall be limited to one hundred (100) cubic feet (approximately the size of a typical residential bedroom closet).

(11) The proposed occupation shall only involve the use of power-driven equipment or chemicals normally incidental to the residential use.

(12) The applicant shall not list or advertise the residence address in the commercial telephone directory, newspaper, radio, or television in connection with the proposed occupation or profession.

(13) The proposed occupation shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference, or other causes.

(14) Any other conditions that the Development Services Director, or designee, deems necessary to protect the health, safety, and welfare of the residents in the surrounding neighborhood.

(b) Indemnification. In the event the City determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney’s fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise agree with applicant to waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails on every issue in the enforcement proceeding.

(c) Compliance with all other laws and regulations. Business operations conducted at this residence shall comply with all local, State, and Federal laws and regulations, including, but not limited to, building, fire, and ADA accessibility requirements.

(d) Issuance. The Secretary of the Planning Commission shall analyze all the facts presented and, if the use applied for meets each and every one of the required conditions and standards, shall issue the home occupation permit within ten (10) days.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-211 Home occupation permits: Denial.

A home occupation permit issued pursuant to the provisions of this article shall not include commercial photograph studios, beauty parlors, barber shops, or any similar service enterprises, that do not comply with the provisions of TMC 9-5-210 (Home occupation permits: Conditions: Issuance). Retail sales (except for goods produced on the premises), music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited.

If the use applied for does not meet the required conditions and standards, the Secretary of the Planning Commission shall deny the application.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-212 Home occupation permits: Term.

A home occupation permit shall not expire unless revoked; however, the permit is not transferable to a different permittee, location, or use.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-213 Home occupation permits: Revocation.

The home occupation permit granted under this article shall be subject to revocation by the Development Services Director, or designee, when the permittee violates any of the restrictions and conditions set forth in this article.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 3. Minor Administrative and Minor Discretionary Permits

9-5-301 Minor administrative approval (MAA): Purpose and intent.

Minor administrative approvals are those which are routine in nature and do not require a public hearing, but may require an administrative interpretation regarding compliance with established policies, standards, and guidelines adopted by the Turlock City Council. The purpose of minor administrative approvals is to provide speedy approval over the counter or within a time period of approximately five (5) to ten (10) working days, depending on the complexity of the specific proposal. They are distinct from “ministerial” approvals which are “nondiscretionary” actions permitted upon a determination that the standards established by City ordinance for the proposal are met.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-302 Minor administrative approval: Applicability.

Only those uses, activities, or permits as specifically enumerated in the zoning districts or other articles of this chapter as requiring a minor administrative approval may be approved and issued following the administrative discretion of the Development Services Director or his/her designee according to the provisions contained in this article.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-303 Minor administrative approval: Application.

Applications for minor administrative approval shall be made to the Development Services Department on a form prescribed by the Department and shall include all requisite materials and payment of applicable filing fee.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-304 Minor administrative approval: Review: Approval.

No later than fifteen (15) working days following submittal of an application for minor administrative approval, the application and all related materials will be reviewed for completeness. The applicant will be notified immediately upon finding the application to be incomplete, and the additional information needed to complete the application will be identified. The applicant is responsible to provide any missing information and/or revised plans as may be necessary and resubmit the materials. Once resubmitted, the application will again be reviewed for completeness as described above. All applications for a minor administrative approval must first be approved in writing by the Development Services Director or his/her designee before such use or activity commences. All applications and proposed uses shall be reviewed for compliance with the applicable policies, standards, and guidelines which shall be adopted by resolution of the Planning Commission or City Council, as may be amended from time to time.

The Development Services Director may approve, conditionally approve, or disapprove an application for such permit. An approved or conditionally approved minor administrative approval permit shall become effective on the date that it is acted upon by the City.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-305 Minor administrative approval: Expiration.

If requested prior to expiration, the minor administrative approval may be extended by the Development Services Director upon a finding of just cause.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-306 Minor administrative approval: Fee.

A fee shall be paid by the applicant to cover the costs of processing and administering the minor administrative approval application service as established by the City Council as set forth in Article 3 of Chapter 3-3 TMC. Such fee shall be set by City Council resolution, and may be amended from time to time.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-307 Minor discretionary permits: Purpose and intent.

Minor discretionary permits require administrative discretion in determining compliance with adopted policies, codes and standards of the City and require public notice prior to approval. Minor discretionary permits may be authorized by the Development Services Director within a typical time frame of three (3) to four (4) weeks.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-308 Minor discretionary permit: Authorized.

Only those uses, activities, or permits specifically enumerated in the applicable zoning districts as requiring a minor discretionary permit may be approved and issued upon administrative discretion of the Development Services Director or his/her designee according to the provisions contained in this article.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-309 Minor discretionary permit: Application: Completeness.

(a) Applications for minor discretionary review shall be submitted to the Development Services Department including all required materials and the written consent of the property owner of the proposed location. All materials must be clear, legible, and of sufficient clarity to allow other interested agencies and interested property owners to understand the proposal.

(b) No later than thirty (30) days following submittal of an application for minor discretionary permit, the application and all related materials will be reviewed for completeness. The applicant will be notified immediately if an application is found to be incomplete, and the additional information needed to complete the application will be identified. The applicant is responsible to provide any missing information and/or revised plans as may be necessary and resubmit the materials. Once resubmitted, the application will again be reviewed for completeness as described above.

(c) Once an application has been deemed complete, the Development Services Director or his/her designee shall transmit the relevant parts of the permit application to all affected City departments and external agencies for review, comments, and condition requirements. The transmittal will require that comments and conditions be provided to the Development Services Department within ten (10) working days of receipt.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-310 Minor discretionary permit: Review.

The Development Services Director shall consider the following aspects of each minor discretionary permit application to the extent they are applicable to the proposal:

(a) Relationship to the character of the neighborhoods in which the site is located, the appearance and harmony of proposed buildings, and/or their use with adjacent development and the surrounding natural features.

(b) Review of site layout, considering the orientation and location of buildings and open spaces in relation to physical characteristics of the site.

(c) Review of the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways.

(d) Review of buildings for scale, mass, proportion, articulation of facades, use of materials, overall composition of design, and harmony with surrounding buildings.

(e) Review of location, height, and materials of fences, walls, and screen plantings to ensure harmony with adjacent development and adequate screening of storage and nuisance activities.

(f) Review of colors and materials in relationship to adjacent architectural and natural elements.

(g) Review subdivision designs to ensure that developments are in harmony with established neighborhoods or surrounding natural features.

(h) Review of landscape plans for placement and selection of all plant materials with emphasis on variety and hardiness of Turlock’s climatic conditions.

(i) Review of location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures, in relation to traffic hazards and appearance and harmony with the environment.

(j) All other relevant comments from affected City departments and other agencies.

(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-311 Minor discretionary permit: Notice.

(a) The Development Services Director shall give notice of the proposed request by mail, electronic media, or personal delivery to all adjacent property owners not less than ten (10) days prior to the date on which the administrative decision will be made. Adjacent property owners shall include those abutting all sides of the property upon which the request is made, including those across any abutting public or private street or others the Director determines should receive public notice. Property owner and address information used by the City shall be based on the latest equalized assessment roll.

(b) If no hearing is requested by the applicant or other affected person, or if no responses are received in opposition to the request within the prescribed time period, then the Development Services Director or his/her designee may take action on the minor discretionary permit application.

(c) If a hearing is requested by the applicant or other affected person or agency, or if any responses are received in opposition to the request, the Development Services Director shall forward the application to the Planning Commission for formal public hearing and consideration. When the application is forwarded to the Planning Commission, the applicant shall be responsible for the payment of additional application processing fees necessary to cover the costs of this additional review and public notice. The applicant may also be asked to supplement the permit application materials as determined by the Development Services Director.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-312 Minor discretionary permit: Approval: Findings: Conditions.

(a) The Development Services Director or his/her designee may approve, conditionally approve, or disapprove an application for a minor discretionary permit. In approving a minor discretionary permit application, the Development Services Director or his/her designee shall find that the following are fulfilled or shall impose reasonable conditions to ensure that they are fulfilled:

(1) The proposal is consistent with the Turlock General Plan, the zoning ordinance and all other adopted plans for the site;

(2) The proposal is in harmony with the existing or proposed development in the general area or neighborhood and will be compatible with adjacent structures and uses, including those on adjoining properties;

(3) The proposal is consistent with the development plan, terms, conditions, and/or intent of any planned development or conditional use permit currently in effect on the property;

(4) Any structural elements contained within the proposal are of high quality design consistent with the intent of the City Design Element of the Turlock General Plan and the exterior design, appearance, materials, and colors will not cause the nature of the neighborhood to materially depreciate;

(5) The proposal will not otherwise constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and community.

(b) An approved or conditionally approved minor discretionary permit shall become effective on the date that it is acted upon by the City.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-313 Minor discretionary permit: Fee.

A fee shall be paid by the applicant to cover the costs of processing and administering the minor discretionary permit application service as established by the City Council as set forth in Article 3 of Chapter 3-3 TMC. Such fee shall be set by Council resolution, and may be amended from time to time.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-314 Minor discretionary permit: Violation: Penalty.

Any person who undertakes, operates, or maintains a use of land in any district other than in strict compliance with the provisions of this title or the terms and conditions of any written approval granted shall be subject to the penalties set forth in this chapter.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-315 Minor discretionary permit: Time limits for development of property and uses.

The Development Services Director may establish a time limit for development of the subject property and use. The time limit set by the Development Services Director shall be reasonable, based upon the size and nature of the proposed development. Such time limit may be extended by the Development Services Director for good cause when the applicant presents proof of unusual conditions not of his own making.

(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-316 Outdoor seating defined.

Outdoor seating entails the use of City sidewalks and public rights-of-way for the operation of a food service establishment properly licensed for such service and which provides on-premises customer seating.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-317 Outdoor seating permit required.

No owner or operator of a business establishment shall occupy any portion of a public sidewalk, court, plaza, alley, or street with tables and chairs for outdoor seating without first obtaining a minor discretionary permit in accordance with the provisions of this article.

(1231-CS, Amended, 04/13/2017; 1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-318 Authority to issue outdoor seating permits.

The Development Services Director, or his or her designated representative, is hereby authorized to issue outdoor seating permits, revocable at will, to owners or operators of business establishments for the placement of tables and chairs in the public sidewalk, court, alley, or street adjacent to and incidental to the operation of a food service establishment, according to the procedures as set forth in this article. An outdoor seating permit will not be issued where, in the opinion of the Development Services Director, or his or her designated representative, the speed, volume, or nearness of vehicular traffic is not compatible with outdoor seating. Issuance will not be unreasonably withheld.

(1231-CS, Amended, 04/13/2017; 1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-319 Application for outdoor seating permit.

Every owner or operator of a business establishment desiring to place tables and chairs in a public sidewalk, court, alley, or street shall first submit an application for the issuance of such a permit to the Development Services Department. Each application shall state the name of the applicant, the name and address of the establishment, the proposed area to be occupied by the tables and chairs, and the hours and days that the area is to be so occupied. The application shall be accompanied by a space-use plan which indicates the location, number and arrangement of the tables and chairs to be used, the location of the entrance to the establishment, and the location of any existing sidewalk obstructions in the proposed area to be occupied by the tables and chairs. Trees, traffic signs, benches, and all similar obstacles shall constitute obstructions.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-320 Issuance of outdoor seating permit.

If the proposed design and location of the tables and chairs to be used for outdoor seating, as described in the application, conforms to those guidelines set forth by the Development Services Director, or his or her designated representative, an outdoor seating permit shall be issued to the applicant.

No permit shall be issued until the applicant has paid a one (1) time fee for the permit. The amount of the permit fee is in an amount as shall be set forth from time to time by resolution of the City Council.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-321 Conditions and restrictions pertaining to outdoor seating.

The issuance of permits by the Development Services Director for the use of City sidewalks and public rights-of-way for the consumption of food or beverages in front of business establishments is subject to the following:

(a) The outdoor seating area shall leave not less than four (4') consecutive feet of sidewalk width to ensure adequate space for pedestrian traffic on the adjacent sidewalk. The minimum width stated above must be free of all obstacles and obstructions for a clear path of travel. For the purpose of minimum clear path, traffic signs, trees, and all similar obstacles shall constitute obstructions. It is the responsibility of the permittee to keep this sidewalk pedestrian zone clear and unimpeded for pedestrian movement.

(b) Outdoor seating areas may not intrude on pedestrian “clear vision zones” at corners and thus must be set back a minimum of six (6') feet from any crosswalk. The outdoor seating area must not interfere with curbs, ramps, or driveways. No element of the outdoor seating area may interfere with access to any building including all paths of travel or exit.

(c) When the sidewalk is not in use for seating and service, all removable fixtures (i.e., chairs, planters, tables, etc.) shall be stored inside the restaurant premises.

(d) The outdoor seating area must remain clear of litter at all times. The permittee shall maintain the tables and chairs in the permitted outdoor seating area in a clean condition at all times.

(e) Outdoor seating areas must conform to and comply with all relevant regulations in this Code and all applicable building laws including State laws and regulations.

(f) Tables, chairs, and customers shall be confined to the area shown on the application submitted by the permittee.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-322 Insurance.

Each outdoor seating permittee shall provide the City Clerk with evidence of insurance coverage in the amount and form as approved by the City Attorney or his/her designee. Such amounts shall be set forth from time to time by resolution of the City Council. The required insurance shall be maintained in a current status throughout the use of the public right-of-way, and a copy of the insurance renewal shall be provided to the City Clerk and/or the Planning Division upon renewal.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-323 Alcoholic beverage restrictions.

The service of alcoholic beverages shall be restricted solely to on-premises consumption by customers within the outdoor seating area. Each of the following standards applies to outdoor seating areas which provide alcoholic beverage service:

(a) The outdoor seating area must be clearly and physically separated from pedestrian traffic. All barriers, railings, fences, or planters placed around the outdoor seating area, whether movable or permanent, affixed, or contiguous to the sidewalk shall be in place during hours of operation and shall be a minimum of three (3') feet in height to clearly define the area. Barriers, railings, fences, or planters must be installed close enough together to prevent pedestrian traffic through them. Landscaping in planters or planted in the ground can be used to create the physical separation;

(b) The business operator shall post a written notice to customers that the drinking or carrying of an open container of alcohol is prohibited outside the outdoor seating area;

(c) The outdoor seating area operation must be duly licensed by the State Department of Alcoholic Beverage Control, and the City of Turlock requirements and restrictions for the service of alcoholic beverages in outdoor seating areas shall not be less than those required by the State Department of Alcoholic Beverage Control; and

(d) Any and all exits from the bona fide food service establishment to be used for the service of alcoholic beverages to the outdoor seating area must be included in the outdoor seating permit issued pursuant to this section.

(1231-CS, Amended, 04/13/2017; 1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-324 Outdoor seating permit not deed or easement.

Permission to encroach upon a portion of a public sidewalk with tables and chairs granted under this section shall not constitute a deed or grant of an easement by the City.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-325 Suspension or revocation of outdoor seating permit.

The outdoor seating permit granted under this chapter shall be subject to suspension or revocation by the Development Services Director when the permittee violates any of the restrictions and conditions set forth in this section, or any rule or regulation of the Development Services Director adopted in pursuance of the provisions of this section. The outdoor seating permit shall be automatically suspended upon the termination of the insurance required under TMC 9-5-322. Upon termination of the insurance required under TMC 9-5-322, permittee agrees to indemnify and hold the City of Turlock, its officers, agents, and employees free and harmless from any and all damages, costs, charges, or liability of any kind or character that may arise out of, relate to, or in any way be connected with the exercise of the rights granted pursuant to the issuance of the encroachment permit.

The City of Turlock must notify the State Department of Alcoholic Beverage Control of any suspension or revocation of an outdoor seating permit granted under this section.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-326 Protest issuance of permit.

Any person or persons who deem their interests or property, or that of the general public, will be adversely affected by the occupancy of a public sidewalk, court, alley, or street with tables and chairs for outdoor seating and for which permission has been applied for under the provisions of this chapter may protest the issuance of said permit by writing to the Development Services Director within thirty (30) calendar days after the permit has been approved. Upon receipt of any such protest, the Development Services Director will schedule a hearing to hear all protests or oppositions to the issuance of an outdoor seating permit.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-327 Denial of permit.

Upon denial of a permit by the Development Services Director, an applicant may, within ten (10) calendar days following notification of such denial, file a notice of appeal to the City Council, who shall then hear all appeals concerning the application for permit.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-328 Penalties.

The placement of tables and chairs on a public sidewalk or other public right-of-way without a permit issued in compliance with this chapter shall constitute an infraction punishable by a fine of One Hundred and no/100ths ($100.00) Dollars. The nonpayment of such fine, or the continued existence of a condition in violation of this section, shall be grounds for the Development Services Director to prohibit placement of tables and chairs by the responsible owner or operator of the fronting business establishment until such penalty has been paid or the condition corrected.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-329 Removal of tables and chairs.

Any tables and chairs placed in or upon the public sidewalk or rights-of-way without a validly issued permit may be seized and removed pursuant to this section. The City of Turlock shall issue a notice to the owner or operator of the business establishment fronting on the sidewalk from which the tables and chairs are to be removed before such tables and chairs are seized. The owner or operator of the business establishment shall be given ten (10) business days in which to remedy the violation. If the responsible party does not remedy the violation and apply for and obtain an outdoor seating area permit within the time prescribed, the City may seize and remove the tables and chairs.

Any other provisions of this section notwithstanding, if tables and chairs are placed in the public sidewalk or in or upon the public sidewalk or rights-of-way in such a manner as to pose an immediate and serious danger to persons or property, the City may seize such tables and chairs without prior notice to the person responsible for such tables and chairs if it is impractical to remedy the danger by moving the tables and chairs to another point on the sidewalk or public right-of-way.

The responsible party shall be notified promptly of such seizure of tables and chairs and shall have the right to request an informal hearing before a designated City official within ten (10) business days after such notification to determine whether the seizure was proper. All tables and chairs seized pursuant to this section shall be retained by the City and may be recovered as provided herein.

As a condition of recovering outdoor seating tables and chairs properly seized pursuant to this section, the person responsible for such tables and chairs shall pay an impound fee covering the actual cost to the City of transporting and storing the outdoor seating tables and chairs.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

Article 4. Minor Exceptions

9-5-401 Purpose.

These provisions shall ensure the following:

(a) Minor adjustments from standards contained in this title of the Turlock Municipal Code shall be granted only when, because of special circumstances applicable to the property, the strict application deprives such property of privileges enjoyed by other property in the vicinity and under identical land use districts.

(b) Any minor exception granted shall be subject to such conditions as will ensure that the minor adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is situated.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-402 Application.

An application for a minor exception shall be filed in a manner consistent with the requirements contained in Article 3 of this chapter for minor discretionary permits.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-403 Applicability.

The Development Services Director may grant a minor exception up to a maximum of ten (10%) percent governing only the following measurable design/site considerations:

(a) Distance between structures;

(b) Lot dimensions;

(d) Setbacks;

(e) Structure heights.

Any minor exception request which exceeds the prescribed limitations outlined in this section shall require the filing of a variance application pursuant to Article 6 of this chapter. Minor exceptions may be approved by the Development Services Director only if no other entitlements are required. If other approvals are necessary, the minor exception shall be filed concurrently.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-404 Findings.

The Development Services Director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

(a) That there are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and the strict application of this Code deprives such property of privileges enjoyed by other property in the vicinity;

(b) That granting the minor exception is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and land use district and denied to the property for which the minor exception is sought;

(c) That granting the minor exception will not be materially detrimental to the public health, safety, or welfare, or injurious to the property or improvements in such vicinity and land use district in which the property is located;

(d) That granting the minor exception does not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity and land use district in which such property is located;

(e) That granting the minor exception does not exceed ten (10%) percent of the standards being modified, or allow a use or activity which is not otherwise expressly authorized by the regulations governing the subject parcel; and

(f) That granting the minor exception will not be inconsistent with the General Plan.

(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-405 Burden of proof.

The burden of proof to establish the evidence in support of the findings as required by TMC 9-5-404 is the responsibility of the applicant.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-406 Precedents.

The granting of a minor exception is not admissible as evidence for the granting of a new minor exception.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-407 Minor exception: Expiration.

A minor exception approval shall expire after one (1) year if construction has not begun or the use commenced. If requested prior to expiration, the minor exception may be extended upon a finding of just cause.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 5. Temporary Uses of Land

9-5-501 Temporary uses.

Certain land uses of a temporary nature as defined in TMC 9-1-202 (Definitions) may be authorized by the Development Services Director pursuant to the proper application process and subject to the limitations and standards contained herein. Temporary land uses otherwise regulated by the Turlock Municipal Code (Christmas tree sales, fireworks stands, closeout sales, and other similar uses) shall be exempt from this article.

(a) Limitations of use by zoning district.

(1) Commercial/industrial districts and planned development districts. Temporary uses of land may include, but are not limited to: sales office trailers, storage yards, parking lots, parking lot sales, outside sales of seasonal merchandise (produce, pumpkins, and the like), special events, and displays of community interest in which the temporary use is intended to be operated as defined in TMC 9-1-202 (Definitions). Temporary outside sales conducted by itinerant vendors are also subject to the regulations of Chapter 5-17 TMC. No temporary use of land permit shall be required for a parking lot sale in an organized shopping center when: (i) all of the participants are permitted uses in the center; (ii) the event is held on the improved portion of the site; and (iii) adequate parking is provided.

(2) Residential and residential planned development districts. Temporary uses of land may include, but are not limited to: contractor storage yards, model homes, and tract sales offices, when the temporary uses are incidental and accessory to the primary land uses permitted in the residential zoning district. This limitation shall not apply to accessory uses that are otherwise permitted and regulated by other sections of this Code (examples: home occupations, residential garage/yard sales).

(b) Duration of temporary uses. The temporary use of land for those activities permitted herein may be authorized for a limited and specified period of time not to exceed one (1) year in duration as set by the Development Services Director within the terms and conditions of each particular temporary use of land permit. The Development Services Director may consider and take appropriate action on a request for an extension of a temporary use of land for one (1) additional one (1) year period, upon review of a written request submitted no later than thirty (30) days prior to the expiration of the approved temporary use of land permit. In regards to the following specific temporary land uses, these time periods shall apply:

(1) Outside sales of seasonal merchandise (Christmas trees, pumpkins, and the like). The outside sale of seasonal merchandise and produce in one (1) location may be permitted up to a maximum of one hundred and thirty-five (135) days within a calendar year on a single property, with a limitation of no more than three (3) nonconsecutive separate events of a maximum of forty-five (45) days per each event.

(2) Outdoor commercial promotional/sales events.

(i) When located within an organized shopping center, commercial businesses that are not permitted uses in the center may be permitted for up to six (6) such special events per calendar year. Each separate temporary outdoor promotional/sales event shall not exceed seventy-two (72) hours in length.

(ii) For commercial business(es) that are part of an organized shopping center, there is no limit on the number or duration of the promotional or sales events when: (1) any or all tenants or owners within the center participate; (2) adequate parking is provided on site; and (3) the property owner has provided written permission for the event, if applicable.

(3) Itinerant vendors. No temporary use of land permit shall be required for any itinerant vendor that vends on the improved portion of a commercial or industrial property for a period of less than thirty (30) minutes during a twenty-four (24) hour period so long as the vendor does not relocate within one thousand (1,000') feet of such location. “Mobile food facilities” are regulated pursuant to TMC 9-2-124 and shall not be required to obtain a temporary use of land permit. All other itinerant vendors may be permitted up to a maximum of seventy-two (72) hours on a single property, with a limitation of no more than six (6) events of any type in any one (1) year at any single location.

(1) All signing related to an authorized temporary use of land shall comply with the temporary sign regulations in Article 5 of Chapter 9-2 TMC (Signs). A temporary sign permit shall first be obtained from the City prior to the installation of any temporary signage.

(2) Noncommercial signing, which may include balloons, pennants, and special displays, may be permitted as part of an approved temporary land use permit as specified above. Such noncommercial signs must be securely fastened or attached so as not to create any type of public safety hazard.

(d) Maximum number of temporary uses per lot. On properties less than one (1) acre in size, no more than one (1) temporary use may be permitted at any one (1) time. Exceptions to this provision may be made by the Director if it is determined that all of the findings in TMC 9-5-504 can be made. At no time shall two (2) similar temporary uses be permitted on any property less than one (1) acre in size.

(e) Maximum number and locations of temporary uses per applicant. No single organization or individual may conduct more than six (6) events of any type in any one (1) year at any single location. Furthermore, no single organization or individual may conduct events at more than three (3) locations in any one (1) year. For the purposes of this article, an “event” is a single occurrence of any temporary activity on a particular lot.

(1231-CS, Amended, 04/13/2017; 1207-CS, Rep&ReEn, 05/28/2015)

9-5-502 Application.

Any person may apply to the Development Services Department for approval of a temporary use of land not less than fifteen (15) days before the use is intended to begin. Such application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the use is to be located.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-503 Approval.

(a) All applications for a temporary use of land permit must first be approved in writing by the Development Services Director before such use commences. The Development Services Director may approve, conditionally approve, or disapprove an application for such use.

(b) The Development Services Director may require a conditional use permit as provided in Article 6 of this chapter, to allow for Planning Commission review and action on a temporary use of land permit request where a determination is made that the proposed use may be of particular interest or concern to surrounding property owners or to the public at large. A conditional use permit must be required for those uses which would require such a permit under other provisions in this title.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-504 Findings.

The Development Services Director may approve an application for a temporary use of land for a period of time as specified in this chapter only upon making all of the following findings:

(a) The proposed use will not adversely affect adjacent structures and uses or the surrounding neighborhood;

(b) The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;

(c) The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas;

(d) The proposed use will not conflict with the terms or intent of any planned unit development permit or conditional use permit currently in effect on the property;

(e) The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-505 Conditions.

(a) In authorizing an application for a temporary use of land permit, the Development Services Director shall include as conditions of approval, the following minimum provisions:

(1) The use will be limited to the dates and times (or period of time), nature, and extent prescribed by the Development Services Director;

(2) All work, including building, electrical, and plumbing will conform to all requirements of applicable codes;

(3) Provisions for fire protection and fire vehicle access will be made as prescribed by the Fire Chief;

(4) Signing will be limited to that approved by the Development Services Director;

(5) The site will be continuously maintained free of weeds, litter, and debris;

(6) Within three (3) days after removal of the temporary use, the site will be completely cleaned; all trash, debris, signs, sign supports, and temporary electrical service will be removed;

(7) Any additional limitations or conditions as required by the Development Services Director as conditions of approval.

(b) For applications for temporary use of land permits which allow for an itinerant vendor, the following minimum provisions and conditions shall also be applicable:

(1) An itinerant vendor sales stand and/or use shall not be located upon the paved or any unpaved portion of a public right-of-way nor impede the free and unobstructed use of any sidewalk. Push carts may use the public sidewalk so long as the cart does not impede the movement of pedestrians.

(2) The itinerant vendor sales activity, including the display of all related merchandise or products for sale, shall be limited to the immediate confines of the temporary street side stand, trailer, vehicle, or other enclosure approved as part of the permit.

(3) All uses shall be located in such a manner that will not impede the normal use of driveways serving the property where the use is proposed nor in such a manner that encourages customers to stop in the street or driveway to obtain vendor service.

(4) Uses providing for temporary street side stands, trailers, or vehicles shall comply with the setback/yard provisions of the specific commercial or industrial zone the use is proposed to be located in.

(5) Uses providing for temporary street side stands, trailers, or vehicles shall not reduce the number of off-street parking spaces below the minimum number specified for the zone district the use is proposed to be located in.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-506 Fee.

A fee shall be paid by the applicant to cover the costs of processing and administering the temporary use of land permit application. Such fee shall be set by City Council resolution, and may be amended from time to time.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 6. Conditional Use Permits and Variances

9-5-601 Conditional use permits: Authorized.

Upon acceptance of an application, the Planning Commission may grant a conditional use permit for a use allowed conditionally in the respective zoning district.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-602 Conditional use permits: Required: Purposes.

(a) Required. No conditional use shall be located in any district unless and until a conditional use permit is granted in accordance with the procedure set forth in this article.

(b) Purpose. The purpose of a conditional use permit is to evaluate the site features, operating characteristics, and design of a proposed use to ensure compatibility with other uses in the general area.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-603 Conditional use permits: Applications: Hearings.

At the time an application for a conditional use permit is deemed complete, the Secretary of the Planning Commission shall set the date of hearing in the manner prescribed by law.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-604 Conditional use permits: Granting.

All actions of the Planning Commission relating to findings and recommendations shall be in accordance with the provisions of this article. The Planning Commission shall authorize the granting of the conditional use permit if it finds as follows:

(a) That the site for the proposed use is adequate in size and shape to accommodate such uses, all yards, open spaces, wall, fences, parking, loading, landscaping, and other features required by the Municipal Code or the Planning Commission to make sure such use is compatible with the land and uses in the vicinity;

(b) That the site for the proposed use is related properly to streets and highways to carry the quantity and kind of traffic generated by the proposed use;

(c) That the proposed use will not adversely affect the abutting property or the permitted use thereof with the provisions of conditions; and

(d) That the site for the proposed use is in conformance with the General Plan.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-605 Conditional use permits: Granting: Conditions.

(a) Imposition of conditions. In authorizing a conditional use permit, the Planning Commission may require that the use conform with the site plan, architectural drawings, or statements submitted in support of the application necessary to protect the public health, safety, and general welfare and secure the objectives of the General Plan. The Commission may also impose such other conditions necessary to achieve these purposes, including, but not limited to, the following:

(1) Special yards, open spaces, and buffers;

(2) Fences and walls;

(3) The provision and surfacing of parking areas;

(4) Street dedications and improvements, including the provision of service roads or alleys where practical and necessary;

(5) The regulation of points of vehicular ingress and egress;

(6) The regulation of signs;

(7) Landscaping and the maintenance;

(8) The maintenance of the grounds;

(9) The control of noise, vibration, odors, and other potentially dangerous and objectionable elements;

(10) Limits on the time for conducting certain activities;

(11) The time period within which the proposed use shall be developed; and

(12) Any other conditions that will promote the development of the City in an orderly and efficient manner and in conformity with the intent and purpose set forth in this article and the General Plan.

(b) Guarantees of compliance with conditions. The Planning Commission may require reasonable guarantees that such conditions will be complied with.

(c) Yard, height, and area requirements. Unless otherwise approved by resolution, the provisions for required front, rear, and side yards and the requirements for height and area applicable to the specific district shall prevail.

(d) Off-street parking and loading requirements. The provision of off-street parking and loading applicable to the particular use shall prevail unless otherwise approved by resolution.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-606 Conditional use permits: Denial.

If because of the size or character of the use proposed on a particular site, its location, or its relationship to adjoining parcels and uses, the Planning Commission is unable to make the findings set forth in TMC 9-5-504, the Planning Commission shall disapprove the conditional use permit application.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-607 Conditional use permits: Issuance.

Immediately following the Planning Commission approval of a conditional use permit application, the Secretary of the Planning Commission shall cause a formal conditional use permit to be issued to the applicant.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-608 Conditional use permits: Effective date.

The conditional use permit shall become effective on the eleventh calendar day after the date of approval, unless appealed on or before the tenth day.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-609 Conditional use permits: Time limits for development of property and uses.

The Planning Commission may establish a time limit for development of the subject property and use. The time limit set by the Planning Commission shall be reasonable, based upon the size and nature of the proposed development. Such time limit may be extended by the Planning Commission for good cause when the applicant presents proof of an unusual condition not of his own making.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-610 Conditional use permits: Expiration.

If no specific time is specified, any permit granted by the Planning Commission or Council shall become null and void within one (1) year after the effective date of such permit. The permits shall not become null and void if:

(a) The use has commenced; or

(b) A building permit has been issued for the project by the Building Inspector and construction has begun with continuous progress toward completion maintained; or

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-611 Conditional use permits: Renewal.

If an application for renewal is filed prior to expiration, a conditional use permit may be renewed for an additional one (1) year period. The acting agency may grant or deny an application for renewal in the same manner as set forth for the original application.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-612 Conditional use permits: New applications.

Following the denial or revocation of a conditional use permit, an application for the same, or similar use on the same site, shall not be accepted for submittal to the Planning Commission within a one (1) year period after the date of denial or revocation.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-613 Variances: Authorized.

The Planning Commission shall have the authority to investigate and hear an application for variance from the provisions of this article when a practical difficulty, unnecessary hardship, or inconsistent result is alleged due to the strict and literal interpretation of this article. Upon hearing the application, the Planning Commission may grant, conditionally grant, or deny the following applications for variance:

(a) To vary any of the requirements of this article in the case of a parcel which is exceptionally narrow, shallow, of unusual shape, unusual topographic conditions, or due to other exceptional existing conditions that limit the practical use of the parcel; and

(b) To permit modifications of the requirements of this article for the practical use of a parcel where a legal nonconforming use or structure exists.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-614 Variances: Applications.

Completed applications and filing fees for a variance shall be submitted to the Secretary of the Commission.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-615 Variances: Applications: Hearings.

Upon receipt of a completed variance application, the Secretary of the Planning Commission shall set a hearing in the manner prescribed by law.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-616 Variances: Granting.

All actions of the Planning Commission relating to findings and recommendations shall be in accordance with the provisions of this article. The Planning Commission shall grant, or conditionally grant, the requested variance upon determining at the public hearing that the following findings are established beyond reasonable doubt:

(a) That there are exceptional or extraordinary circumstances or conditions applying to the property or the intended use, which do not apply to other properties or uses in the same district;

(b) That, due to these exceptional or extraordinary circumstances, the literal enforcement of the provisions of this article would result in a practical difficulty or unnecessary hardship;

(c) That a variance is necessary for the preservation of a substantial property right possessed by other properties in the same district;

(d) That the granting of a variance will not be materially detrimental to the public welfare, injurious to property or improvements in the vicinity or district where the property is located;

(e) That granting a variance will not constitute a special privilege inconsistent with the limitations on other properties classified in the same zoning district; and

(f) That granting a variance will be in harmony with the general purpose and intent of the provisions of this article and the General Plan.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-617 Variances: Granting: Conditions.

(a) Imposition of conditions. In granting a variance, the Planning Commission may require that the use conform to the site plan, architectural drawings, or statements submitted in support of the application as necessary to protect the public health, safety, and general welfare and secure the objectives of this article and the General Plan. The Commission may also impose other conditions necessary to achieve such purposes as:

(1) Special yards, open spaces, and buffers;

(2) Fences and walls;

(3) The provision and surfacing of parking areas;

(4) Street dedications and improvements, including the provision of service roads or alleys where practical and necessary;

(5) The regulation of vehicular ingress, egress, and circulation;

(6) The regulation of signs;

(7) The provision and maintenance of landscaping;

(8) Maintenance of grounds;

(9) The control of noise, vibration, odors;

(10) Limits on the time for conducting certain activities;

(11) The time period within which the proposed use shall be developed; and

(12) Any other conditions that will promote the development of the City in an orderly and efficient manner and in conformity with the intent and purposes set forth in this article and the General Plan.

(b) Guarantees of compliance with conditions. The Planning Commission may require reasonable guarantees that these conditions will be complied with.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-618 Variances: Denial.

If, because of the size or character of the site, its location, or its relationship to adjoining parcels and uses, the Planning Commission is unable to make the findings set forth in TMC 9-5-616, the Planning Commission shall disapprove the granting of the variance.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-619 Variances: Granting or denial: Transmittal of resolution.

In addition to the requirements of this article, a copy of the resolution granting or denying the variance shall be filed with the City Clerk, and a copy shall be sent to the Building Inspector by the Secretary of the Planning Commission.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-620 Variances: Issuance.

Immediately following the approval of a variance application, the Secretary of the Planning Commission shall cause a certificate of variance to be issued to the applicant.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-621 Variances: Effective date.

The variance shall become effective on the eleventh day after the copy of the resolution granting the variance is filed with the City Clerk, unless appealed on or before the tenth day.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-622 Variances: Time limits for development of property and uses.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-623 Variances: Expiration.

If no time limit is specified, the granted variance shall become null and void within one hundred eighty (180) days following the effective date unless:

(a) The use has commenced; or

(b) A building permit has been issued for the project by the Building Inspector and construction has begun toward completion with continuous progress maintained; or

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-624 Variances: Renewal.

If an application for renewal is filed prior to the expiration, a variance may be renewed for an additional period of one hundred eighty (180) days. The Planning Commission may grant or deny an application for the renewal of a variance.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-625 Variances: New applications.

Following the denial or revocation of a variance, an application for the same, or similar request on the site, shall not be filed within one (1) year from the date of denial or revocation of a variance.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 7. Prezoning and Annexation

9-5-701 Prezoning of unincorporated land.

(a) The City may prezone unincorporated territory adjoining the City limits for the purpose of establishing the zoning district which will apply in the event of subsequent annexation to the City.

(b) The method and procedure for establishing such prezones shall be in accordance with this article for the establishment of zoning districts and reclassification of land within the City.

(c) Unincorporated territory which has been prezoned shall carry a “P” prefix before the zone classification and shall be so designated on the official zoning map of the City.

(d) The zone classification established through the prezoning procedure shall become effective and enforceable at the time annexation of the territory to the City becomes effective. At this time, the “P” prefix shall be deemed automatically removed from the zone classification.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-702 Prezoning: Purpose.

The purposes of prezoning territory prior to annexation into the City are:

(a) To promote the orderly development and expansion to the boundaries of the City of Turlock; and

(b) To protect, preserve, and promote the quality of life in the City by establishing control over the quality, distribution, and rate of growth in the City of Turlock.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-703 Prezoning: Exceptions.

The standards established and the process contained in this article shall not be applicable to the following types of annexation proposals to the City of Turlock:

(a) Publicly owned lands and/or facilities;

(b) Lands within unincorporated portions of Stanislaus County which are totally bounded by the Turlock corporate limits (unincorporated islands);

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-704 Prezoning and annexation: Applications: Hearings.

Applications for prezoning and annexation of territory to the City of Turlock shall be submitted to the Secretary of the Planning Commission for evaluation. At the time the application is deemed complete, a date of hearing shall be set in the manner prescribed by law and in accordance with Article 1 of this chapter.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-705 Prezoning and annexation: Findings.

Each application submitted to the City of Turlock proposing prezoning and annexation of unincorporated territory shall be reviewed pursuant to the following application criteria:

(a) Orderly and contiguous development.

(1) Is the territory proposed for annexation adjacent to existing urban limits of Turlock?

(2) Is the territory located within the primary sphere of influence area of the City of Turlock? A single parcel in which more than fifty (50%) percent of the land area is located within the primary sphere of influence shall be considered to be located within the primary sphere.

(3) Is the development proposed for the unincorporated territory consistent with the land use designations contained within the Turlock Area General Plan?

(b) Educational facilities. Has the proposed residential development fully mitigated all potential impacts to the Turlock school districts?

(c) Parks and recreation facilities. Does the proposal include full mitigation of impacts on parks and recreation needs by either land dedication and development or by payment of in lieu development fees at a standard consistent with the Turlock General Plan?

(d) Public safety facilities. Does the proposal include full mitigation of impacts to police and fire services including analysis of emergency (CODE I) response times or other innovative techniques?

(e) Public infrastructure facilities.

(1) Does the proposal include full mitigation of impacts to needed public infrastructure both on site and along the project frontage which serve the proposed development without the need for the City to provide supplemental facilities?

(2) Does the proposal have the capability to fully mitigate the impacts associated with its development through the payment of applicable capital facility fees?

(3) Does the proposal include full mitigation that will not worsen the LOS (level of service) at any intersection or along any roadway serving or affected by the project (computed for weekday peak hour at full buildout/occupancy) to an unacceptable level?

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-706 Prezoning and annexation: Consideration of territory within secondary sphere of influence.

If the territory proposed for annexation does not meet the above standard regarding location within the primary sphere of influence, the applicant has the opportunity to apply for an amendment to the primary sphere of influence line. In considering requests to amend the primary sphere of influence line, the City of Turlock shall be guided by the following standards:

(a) The inventory of available land located within the primary area of influence that has not received prezone approval and/or been annexed to the City is less than five hundred (500) acres.

(b) The Turlock City Council, upon recommendation from the Planning Commission, adopts findings that a particular request for an amendment to the primary sphere of influence line is necessary for the protection of the public welfare; the enhancement of the community; and is consistent with and furthers the goals and policies of the Turlock Area General Plan.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-707 Prezoning and annexation: Denial.

If the proposed prezone and annexation application does not meet all of the findings referenced above, the application shall be considered premature and shall be denied.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-708 Prezoning and annexation: Development agreement requirements.

A development agreement may be required for consideration in conjunction with the review of a prezone and annexation proposal when determined appropriate by the City. The application process for a development agreement shall be as specified in Article 9 of this chapter (Development Agreements), and shall include the payment of processing fees as established by City Council resolution which may be amended from time to time.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-709 Prezoning and annexation: Area-wide planning required.

It is the policy of the City of Turlock (Turlock General Plan and Resolution 99-021 as amended from time to time), subject to certain exceptions, that all annexations of land to the City shall be accompanied by an appropriate area-wide plan. This requirement shall be accomplished by either the preparation of a specific plan as set forth in Government Code Section 65450 et seq. or by the preparation of a master plan as described below. A master plan shall be adopted by the procedure set forth in this article.

(a) Master plan content. A master plan shall address and describe the following, as applicable:

(1) Location and boundaries of the master plan area;

(2) Proposed uses of land, including proposed densities and/or intensities, design, and development standards;

(3) Proposed prezoning of property, which shall become the zoning upon the effective date of the annexation (or rezoning in the case of any property already in the City);

(4) Proposed location and development standards of major streets and roads (public and private), including traffic control devices needed to maintain the City’s established level of service standards;

(5) Proposed location and description of public infrastructure, facilities, and utilities needed to support the development of the master plan area;

(6) Proposed location of any parks and other public open space;

(7) Proposed location of any public schools;

(8) Identification of the means and methods of financing public improvements, including those funded through the City’s development impact fee program and/or any supplemental development impact fee needed to fund needed facilities not included in the City’s development impact fee program;

(9) Phasing plan or program (if any), including its relationship to public infrastructure, facilities, and utilities, and to any policies affecting the rate and/or timing of growth and development of the City;

(10) Mitigation measures identified in the environmental review process that are needed to reduce and/or eliminate environmental impacts;

(11) Discussion of the consistency of the proposed master plan with the Turlock General Plan, including the Housing Element (where applicable); and

(12) Any other such matters or issues that could affect the orderly development of the master plan area.

(b) Master plan development standards and review processes. Unless otherwise specified in the adopted master plan, all development in the master plan area shall be subject to the applicable review and approval processes and design and development standards of the zoning regulations of this Code. Subject to a minor discretionary permit, the Development Services Director may approve minor modifications, exceptions, and waivers to the zoning regulations of this Code to allow for orderly development in the master plan area. Modifications or changes considered major (e.g., significant changes in land use/zoning, circulation, or public facilities, etc.) may be considered subject to the process and procedures for amending the Code including rezoning (TMC 9-5-112 et seq.).

(c) Master plan funding. A master plan may be initiated and prepared by property owners and/or developers in consultation with the City of Turlock or by the City of Turlock at its discretion. When the preparation of a master plan is privately initiated, the applicant shall pay all costs associated with the preparation of the master plan. The applicant shall submit the draft master plan to the Development Services Department for review and pay a processing fee as established by Council resolution, as amended from time to time. When the preparation of a master plan is initiated and funded by the City of Turlock, the City shall be fully reimbursed for the cost of preparing the master plan. The collection of a master plan reimbursement fee shall occur in conjunction with either the issuance of a building permit and/or final subdivision map, as established in conjunction with the approval of the master plan. By written agreement with the City, the cost of preparing a master plan may be shared between the City and private parties.

(1223-CS, Amended, 10/13/2016; 1207-CS, Rep&ReEn, 05/28/2015)

Article 8. Historic Site Contracts

9-5-801 Specific purpose.

The provisions and regulations for historic site contracts are hereby established for the following purposes:

(a) For the protection, enhancement, and use of places, sites, buildings, and structures having special historic, architectural, and cultural interest and value;

(b) To impose appropriate and reasonable controls on the appearance and use of these places, sites, buildings, and structures for preserving their character and economic value to the City and its citizens;

(c) For the proper use of places, sites, buildings, and structures that are desirable to the community but require special considerations because of their age, structural nature, or threats from modernization which could have a negative effect on their unique and important character and economic value;

(d) For the protection of substantial public investments in conservation, recreation, aesthetics and the general public health, safety, and welfare; and

(e) For the enhancement of tourism and the economy of the City by protecting and preserving places having special and unique character and interest.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-802 Historical site contract.

(a) Application. Upon submittal of an application, the Development Services Director may authorize a historical site contract for places, sites, properties, buildings, structures, and signs found to be qualified as historical buildings or structures. Applications shall be submitted and reviewed pursuant to the minor discretionary permit process as set forth in Article 3 of this chapter (Minor Administrative and Minor Discretionary Permits) including payment of all applicable processing fees.

(b) Findings. In reviewing an application for a historic site contract, the Development Services Director shall consider the following criteria and include those applicable as findings of fact to any approval:

(1) The property, place, site, building, structure, or use has special local historical, architectural, archaeological, or cultural interest that embodies the character and history of the City of Turlock;

(2) The unique character and history of the City of Turlock reflected in the property, place, site, building, structure, or use should be preserved as living parts of the community;

(3) The property, place, site, building, structure, or use is facing increasing pressures of modernization and may be threatened with demolition or decay;

(4) The request represents an area of special natural beauty, aesthetic interest, or entryway corridors, which would enhance the economy of the City by creating market draws or tourist attractions;

(5) The property is listed on the National Register of Historic Places or any State or County official register of historical or architecturally significant sites, places, or landmarks or should be and by this action is listed on the City of Turlock register of historically or architecturally significant sites, places, or landmarks.

(1) The use of the property may be restricted in a manner deemed reasonable to carry out the purpose of this article.

(2) The term of the contract shall be for a minimum period of ten (10) years.

(3) Where applicable, the contract shall provide for the following:

(i) The preservation of qualified historical property and the restoration and rehabilitation of the property to conform to the rules and regulations of the California Office of Historic Preservation, the United States Secretary of the Interior’s Standards for Rehabilitation, and the State Historical Building Code.

(ii) The periodic examination of the interior and exterior of the premises by the assessor, the California Office of Historic Preservation, and the State Board of Equalization as necessary to determine the owner’s compliance with the contract.

(4) The owner or agent of an owner shall provide written notice of the contract to the Office of Historic Preservation within six (6) months of entering into the contract.

(5) Unless a notice of nonrenewal has been issued by the City or the owner, a one (1) year renewal period shall be added to the term of the contract on each anniversary date of the execution of the contract.

(6) If the City or the owner desires not to renew the contract, a written notice of nonrenewal shall be issued at least ninety (90) days prior to the renewal date by the owner or at least sixty (60) days prior to the renewal date by the City.

(7) Upon receipt of a notice of nonrenewal from the City, an owner may submit a written protest of the proposed nonrenewal. The City may then withdraw the notice of nonrenewal at any time prior to the renewal date.

(8) If either the City or the owner serves a notice of nonrenewal, the contract shall remain in effect for the balance of the contract term.

(9) The owner shall furnish the City with any information necessary to determine the eligibility of the property involved.

(10) Within twenty (20) days after the execution of a contract, the Secretary of the Planning Commission shall record a copy of the contract with the county recorder.

(d) Finding to protect public safety and welfare. In authorizing a historic site contract, the Development Services Director must find that the granting of the contract, or the authorization of the Chief Building Official to use the State Historic Building Code, will not be detrimental to the public safety and welfare.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-803 Qualified historical building or structure.

For the purpose of this section, pursuant to California Government Code Section 18955 of the Health and Safety Code, a qualified historical building or structure is any structure, collection of structures, and their associated sites deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. This shall include structures on existing or future national, State, or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and City or County registers or inventories of historical or architecturally significant sites, places, historic districts, or landmarks.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-804 Use of the State Historic Building Code.

Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, or continued use of a building or structure may be made as required by the State Historic Building Code, when authorized by the building official; provided, that:

(a) Any unsafe or substandard conditions will be corrected in accordance with approved plans;

(b) The restored building or structure will be less hazardous, based on life and fire risk, than the existing building.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-805 Demolition.

No building or structure, or portion thereof, for which a historic site contract has been entered into, shall be removed, relocated, demolished, or structurally altered without prior approval from the Development Services Director in the form of a minor administrative approval as set forth in Article 3 of this chapter (Minor Administrative and Minor Discretionary Permits).

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-806 Cancellation.

The City may cancel a contract if it determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The City may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 9. Development Agreements

9-5-901 Short title.

This article may be referred to as the “Development Agreement Law of the City of Turlock.”

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-902 Authority and purpose.

This article is adopted pursuant to the provisions of Sections 65864 through 65869.5 of the California Government Code. The purpose of adopting this article is to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-903 Forms and information.

(a) The Development Services Department shall prescribe the form for each application, notice, and document provided for or required by this article for the preparation and implementation of development agreements.

(b) The Development Services Department may require an applicant to submit such information and supporting data as necessary to process the application.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-904 Qualifications of applicants.

(a) Only a qualified applicant may file an application to enter into a development agreement. A qualified applicant is a person who has legal or equitable interest in the real property which is the subject of the development agreement, and an applicant includes an authorized agent.

(b) The Development Services Director may require an applicant to submit proof of his or her legal or equitable interest in the real property and of the authority of the agent to act for the applicant. Before processing the application, the Development Services Director may obtain the opinion of the City Attorney as to the sufficiency of the applicant’s interest in the real property to enter into the agreement. The Development Services Director may require the applicant to submit a preliminary title report.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-905 Form of development agreement.

Each application to enter into a development agreement shall be accompanied by the form of standard development agreement established by the City and approved by the City Council with such additional alternatives or modifications or changes as may be proposed by the applicant. Such alterations or modifications or changes as proposed by the applicant are not binding on the City and may or may not be approved for inclusion by the City Council.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-906 Duty to give notice.

The Development Services Department shall give notice of the City’s intention to consider the adoption of a development agreement in conjunction with any other public hearing required by State law or this article at least ten (10) days prior to the hearing date.

(a) Form of notice. The form of the notice of intention to consider the adoption of a development agreement shall contain:

(1) The time and place of the hearing;

(2) A general explanation of the matter under consideration, including a general description of the area; and

(3) Other information required by specific provisions of this article or which the Development Services Department considers necessary or desirable.

(b) Time and manner of notice. The time and manner of giving notice shall be by both:

(1) Publication. Publication at least once in a newspaper of general circulation published and circulated in the City; and

(2) Mailing. Mailing of the notice to all persons shown on the last equalized assessment roll as owning real property, as per TMC 9-5-120, which is the subject of the proposed development agreement.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-907 Contents of development agreements.

(a) A development agreement shall specify the duration of the agreement, the permitted uses of the property, the density or intensity of use, the maximum height and size of proposed buildings, and provisions for reservation or dedication of land for public purposes.

(b) The development agreement may also include conditions, terms, restrictions, and requirements for subsequent or concurrent discretionary actions applicable to the project; provided, that such conditions, terms, restrictions, and requirements shall not prevent development of the land for the uses and to the density or intensity of development set forth in the agreement.

(c) The agreement may provide that construction shall commence within a specified time and that the project or any phase thereof be completed within a specified time.

(d) The agreement may also include terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-908 Determinations by the Planning Commission.

After the hearing held by the Planning Commission, which may be held in conjunction with other required hearings for the project, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include findings on the Planning Commission’s determination whether or not the proposed development agreement:

(a) Is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and any applicable specific plan;

(b) Is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located;

(d) Will be detrimental to the health, safety, and general welfare;

(e) Will adversely affect the orderly development of property or the preservation of property values; and

(f) Will provide sufficient benefit to the City to justify entering into the agreement.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-909 Council hearings.

(a) Following notice pursuant to TMC 9-5-906, the City Council shall hold a public hearing. The City Council may accept, modify, or disapprove the recommendation of the Planning Commission. The City Council shall not approve the development agreement unless the City Council adopts findings to support its action as referenced in TMC 9-5-908.

(b) If the City Council approves the development agreement, it shall do so by the adoption of an ordinance as required by Government Code Section 65867.5. After the ordinance approving the development agreement takes effect, the City may enter into and execute the agreement.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-910 Initiation of amendments or cancellation.

Either party may propose an amendment to or the cancellation, in whole or in part, of a development agreement previously entered into. If proposed by a developer, the procedure for proposing and the adoption of an amendment to or cancellation, in whole or in part, of the development agreement shall follow the same procedures required for entering into the development agreement (Government Code Section 65868). However, where the City initiates a proposed amendment or cancellation of the development agreement, the City shall provide thirty (30) days’ advance notice to the property owner of the intention to initiate proceedings.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-911 Recordation of agreements, amendments, or cancellation.

(a) Within ten (10) days after the City enters into the development agreement, the City Clerk shall record the agreement with the County Recorder.

(b) If the parties to the agreement, or their successors in interest, amend or cancel the agreement as provided in Section 65868 of the California Government Code, or if the City terminates or modifies the agreement as provided in Section 65865.1 of the Government Code for the failure of the applicant to comply in good faith with the terms or conditions of the agreement, the City Clerk shall also record notice of such action with the County Recorder.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-912 Review of agreements.

The Development Services Department shall review the development agreement every twelve (12) months after the date the agreement is entered into, until the project is fully implemented. After full project implementation, the City shall review the development agreement as often and in the manner as may be specified within the terms of each specific development agreement.

(a) The Development Services Department shall begin the review proceeding by giving notice to the property owner that the City intends to undertake a periodic review of the implementation of the development agreement. The Department shall give thirty (30) days’ advance notice of the time when the matter will be considered by the Planning Commission and City Council.

(b) The Planning Commission and City Council shall conduct a public hearing at which the property owner shall demonstrate good faith compliance with the terms of the agreement. The burden of proof on such issue shall be upon the property owner. Notice of the hearing shall be given in conformance with TMC 9-5-118 et seq.

(c) The City Council, upon the recommendation of the Planning Commission, shall determine whether or not the property owner, for the period under review, has complied in good faith with the terms and conditions of the agreement.

(d) If the City Council finds and determines that the property owner has complied in good faith with the terms and conditions of the agreement during the period under review, the review shall be concluded. If the City Council finds and determines that the property owner has not complied in good faith with the terms and conditions of the agreement during the period under review, the City Council shall order the property owner to cure the default within sixty (60) days. If the property owner fails to do so, the City Council may modify or terminate the agreement.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 10. Design Review

9-5-1001 Purpose.

The purposes for establishing design review are as follows:

(a) Effective implementation of the objectives and goals in the General Plan.

(b) Standards and policies to promote and enhance quality architectural design, good site planning and the preservation of property values throughout the City.

(d) To complement the mandatory property development regulations contained in this title by providing good examples of potential design solutions and by providing design interpretations of the various mandatory regulations.

(e) Maintenance of the public health, safety, general welfare, and property throughout the City by avoiding and preventing possible deterioration in the form of:

(1) The appearance of open spaces, buildings, and related structures visible from public streets having a substantial effect on property values and the taxable value of property in the City.

(2) Poor planning, neglect of proper design standards, and the construction of buildings and structures unsuitable and incompatible with the character of the neighborhood.

(f) To protect the general health, welfare, and safety of the residents of the City.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-1002 Applicability.

Design guidelines are advisory for permitted uses. However, the design guidelines should be incorporated as applicable in all development subject to a minor administrative permit, minor discretionary permit, conditional use permit or planned development proposal, to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. Exceptions include: single-family residences on in-fill sites, interior remodels, or interior tenant improvements.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-1003 Findings.

Upon receipt of an application, the Development Services Director or designee shall review the proposed project and determine the project adequately meets the following findings:

(a) The design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, will not result in vehicular and/or pedestrian hazards and provides a desirable environment for occupants, visitors, and neighbors.

(b) The architectural design of the proposed project is compatible with the character of the surrounding neighborhood and will implement the General Plan by insuring harmonious, orderly and attractive development.

(1207-CS, Rep&ReEn, 05/28/2015)

Article 11. Enforcement

9-5-1101 Purpose.

Enforcement of the provisions of this Code shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the City’s planning efforts, and for the protection of the public health, safety, and welfare of the City.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-1102 Permits, licenses, certificates, and approvals.

All persons empowered with the authority to issue permits, licenses, certificates, or other approvals shall comply with the provisions of this title and grant no permit, license, certificate, or approval in conflict with these provisions. Any permit, license, certificate, or approval granted in conflict with any provision of this title shall be void.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-1103 Violation.

It shall be unlawful to violate or fail to perform any condition, requirement, or restriction placed on any permit, planned development zone, variance, or other similar action.

(1207-CS, Rep&ReEn, 05/28/2015)

9-5-1104 Enforcement.

It shall be the duty of the Neighborhood Preservation Officer, the Chief of Police, and the Development Services Director to enforce the provisions of this title. In addition to all other actions and/or remedies provided by this Code, any violation of this title shall be deemed a nuisance and enforcement proceedings shall be pursuant to Article 3 of Chapter 5-5 TMC (Nuisance Abatement Procedures), Article 1 of Chapter 4-16 TMC (Cost Recovery), and/or Article 1 of Chapter 2-11 TMC (Administrative Citations).

(1207-CS, Rep&ReEn, 05/28/2015)