BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK

IN THE MATTER OF AMENDING TURLOCK } ORDINANCE NO. -CS MUNICIPAL CODE TITLE 5, CHAPTER 16, }

REGARDING CHRISTMAS TREE SALES LOTS; } TITLE 9, CHAPTER 1, ARTICLE 2, SECTION 02 } REGARDING DEFINITIONS; CHAPTER INDEX } FOR TITLE 9, CHAPTER 2 REGARDING } REGULATIONS APPLYING TO ALL DISTRICTS; } TITLE 9, CHAPTER 2, ARTICLE 1, SECTION 05 } REGARDING BUILDING PROJECTIONS INTO } YARDS; TITLE 9, CHAPTER 2, ARTICLE 1, } SECTION 08, SUBSECTION (a) REGARDING } EXEMPTIONS TO HEIGHT LIMITS IN ANY R } DISTRICT; TITLE 9, CHAPTER 2, ARTICLE 1, } SECTION 09 REGARDING LANDSCAPING AND } IRRIGATION; TITLE 9, CHAPTER 2, ARTICLE 1, } SECTION 13, SUBSECTION (h) REGARDING } AMENDMENTS TO PLANNED DEVELOPMENTS;} TITLE 9, CHAPTER 2, ARTICLE 1, SECTION 14 } REGARDING PERMITTED LOCATIONS OF } MOBILE HOMES, RECREATION VEHICLES AND } CAMPERS; TITLE 9, CHAPTER 2, ARTICLE 1, } SECTION 15, SUBSECTION (c) REGARDING } RECYCLING AND SOLID WASTE DISPOSAL } REGULATIONS – NEW DEVELOPMENT } REGULATIONS; TITLE 9, CHAPTER 2, }

ARTICLE 1, SECTION 20 REGARDING }

UNDERGROUND UTILITIES; TITLE 9, }

CHAPTER 2, ARTICLE 2, SECTION 03 }

REGARDING OFF-STREET PARKING }

REQUIRED: AVAILABILITY AND }

MAINTENANCE; TITLE 9, CHAPTER 2, } ARTICLE 2, SECTION 07, SUBSECTIONS (d), } (e), and (f) REGARDING PARKING IN THE R } DISTRICTS; TITLE 9, CHAPTER 2, ARTICLE 2, } SECTION 11, SUBSECTION (c) REGARDING } BICYCLE PARKING – DESIGN } REQUIREMENTS; TITLE 9, CHAPTER 2, } ARTICLE 2, SECTION 14, SUBSECTION (f) } REGARDING PARKING LOT DESIGN }

STANDARDS; TITLE 9, CHAPTER 2, }

ARTICLE 2, SECTION 16 REGARDING } PARKING LOT LANDSCAPING; ARTICLE TITLE } FOR TITLE 9, CHAPTER 2, ARTICLE 3 } REGARDING NOISE STANDARDS; ADDING } CHAPTER TITLE FOR TITLE 5, CHAPTER 28 } REGARDING NOISE STANDARDS; TITLE 9, }

CHAPTER 2, ARTICLE 3 REGARDING NOISE } STANDARDS; TITLE 9, CHAPTER 2, ARTICLE 6, } SECTION 01, SUBSECTION (a) REGARDING } WIRELESS COMMUNICATION FACILITIES – } PURPOSE; TITLE 9, CHAPTER 2, ARTICLE 6 } SECTION 04 REGARDING WIRELESS } COMMUNICATION FACILITIES – PERMITS } REQUIRED; TITLE 9, CHAPTER 2, ARTICLE 6 } SECTION 05 REGARDING WIRELESS }

COMMUNICATION FACILITIES – } APPLICATION REQUIREMENTS; TITLE 9, } CHAPTER 2, ARTICLE 6, SECTION 07 } REGARDING WIRELESS COMMUNICATION } FACILITIES – SETBACKS; REPEALING } TITLE 9, CHAPTER 2, ARTICLE 6, SECTION } 08 REGARDING WIRELESS COMMUNICATION } FACILITIES – RESIDENTIAL (R) DISTRICTS; } TITLE 9, CHAPTER 2, ARTICLE 6, SECTION 09 } REGARDING WIRELESS COMMUNICATION } FACILITIES – VISUAL COMPATIBILITY AND } SCREENING; TITLE 9, CHAPTER 2, ARTICLE 6, } SECTION 10 REGARDING WIRELESS }

COMMUNICATION FACILITIES – }

DISCONTINUANCE OF USE; TITLE 9, }

CHAPTER 3, ARTICLE 1, SECTION 02 } REGARDING AGRICULTURAL DISTRICT – } USE CLASSIFICATIONS; TITLE 9, CHAPTER 3, } ARTICLE 2, SECTION 02 REGARDING }

RESIDENTIAL DISTRICTS – USE } CLASSIFICATIONS; TITLE 9, CHAPTER 3, }

ARTICLE 2, SECTION 03 REGARDING } RESIDENTIAL DISTRICTS – PROPERTY } DEVELOPMENT REGULATIONS; TITLE 9, } CHAPTER 3, ARTICLE 3, SECTION 02 } REGARDING COMMERCIAL DISTRICTS – USE } CLASSIFICATIONS; TITLE 9, CHAPTER 3, }

ARTICLE 4, SECTION 02 REGARDING }

INDUSTRIAL DISTRICTS – USE } CLASSIFICATIONS; TITLE 9, CHAPTER 3, } ARTICLE 5, SECTION 02 REGARDING PUBLIC } AND SEMIPUBLIC DISTRICT – USE } CLASSIFICATIONS; TITLE 9, CHAPTER 3, }

ARTICLE 5, SECTION 03 REGARDING } PUBLIC AND SEMIPUBLIC DISTRICT – } DEVELOPMENT REGULATIONS; TITLE 9, } CHAPTER 4, ARTICLE 1, SECTION 03 }

REGARDING DOWNTOWN OVERLAY } REGULATIONS – USE CLASSIFICATIONS; }

REGARDING MINOR DISCRETIONARY PERMIT: } NOTICE; TITLE 9, CHAPTER 5, ARTICLE 3, } SECTION 12 REGARDING MINOR } DISCRETIONARY PERMIT: APPROVAL: } FINDINGS: CONDITIONS; TITLE 9, CHAPTER 5, } ARTICLE 3, SECTION 16 REGARDING }

OUTDOOR DINING DEFINED; TITLE 9, }

CHAPTER 5, ARTICLE 3, SECTION 17 } REGARDING OUTDOOR DINING PERMIT } REQUIRED; TITLE 9, CHAPTER 5, ARTICLE 3, } SECTION 18 REGARDING AUTHORITY TO } ISSUE OUTDOOR DINING PERMITS; TITLE 9, } CHAPTER 5, ARTICLE 3, SECTION 19 }

REGARDING APPLICATION FOR }

OUTDOOR DINING PERMIT; TITLE 9, }

CHAPTER 5, ARTICLE 3, SECTION 20 } REGARDING ISSUANCE OF OUTDOOR DINING } PERMIT; TITLE 9, CHAPTER 5, ARTICLE 3, } SECTION 21 REGARDING CONDITIONS AND } RESTRICTIONS PERTAINING TO OUTDOOR } DINING; TITLE 9, CHAPTER 5, ARTICLE 3, } SECTION 22 REGARDING INSURANCE; } TITLE 9, CHAPTER 5, ARTICLE 3, SECTION 23 } REGARDING ALCOHOLIC BEVERAGE }

RESTRICTIONS; TITLE 9, CHAPTER 5, }

ARTICLE 3, SECTION 24 REGARDING } OUTDOOR DINING PERMIT NOT DEED OR } EASEMENT; TITLE 9, CHAPTER 5, ARTICLE 3, }

SECTION 25 REGARDING SUSPENSION OR } REVOCATION OF OUTDOOR DINING PERMIT; } TITLE 9, CHAPTER 5, ARTICLE 3, SECTION 26 } REGARDING PROTEST ISSUANCE OF PERMIT; } TITLE 9, CHAPTER 5, ARTICLE 3, SECTION 29 } REGARDING REMOVAL OF TABLES AND } CHAIRS; TITLE 9, CHAPTER 5, ARTICLE 5, } SECTION 01 REGARDING INTRODUCTORY } PARAGRAPH OF TEMPORARY USES; AND } TITLE 9, CHAPTER 5, ARTICLE 5, SECTION 01, } SUBSECTION (b) REGARDING DURATION OF } TEMPORARY USES }

}

WHEREAS, amendments to Chapter 5-16 (Christmas Tree Sales Lots) and Title 9 (Zoning Ordinance) are required to improve the permit process and timeline for Christmas tree sales lots, modify attached patio cover and air conditioner setbacks, revise noise standards, modify landscaping and irrigation requirements, update wireless communication facilities regulations, modify use classifications and permitting requirements, modify property development standards, modify requirements for underground utilities, amend setbacks for recycling and solid waste disposal facilities, redefine group homes and group quarters permitting requirements, and allow for electronic noticing; and

WHEREAS, other revisions and additions are intended to make the ordinance easier to implement, easier to understand, establish more specific standards and findings, and/or bring the City’s ordinance into compliance with State and Federal law; and

WHEREAS, on February 28, 2017, the City Council of the City of Turlock determined that the approval of this Ordinance is exempt from the California Environmental Quality Act pursuant to Section 15061(b)(3) (General Rule) by approving City Council Resolution 2017-XX; and

WHEREAS, a properly noticed public hearing was held by the City Council of the City of Turlock on February 28, 2017, the City Council to consider the evidence and testimony in making the necessary findings and decision on this matter.

BE IT ORDAINED by the City Council of the City of Turlock as follows:

SECTION 1. FINDINGS: The City Council of the City of Turlock hereby finds the pubic necessity, convenience and general welfare support the proposed amendment and the proposed amendment is consistent with the Turlock General Plan.

SECTION 2. AMENDMENT: Title 5, Chapter 16 is hereby amended to read as follows:

Chapter 5-16 CHRISTMAS TREE SALES LOTS

Sections:

5-16-01 Sales defined.

5-16-02 Licenses required to conduct: Property owner's liability. 5-16-03 Permitted time periods.

5-16-04 Licenses: Applications: Form.

5-16-05 Licenses: Conditioned approval. 5-16-06 Licenses: Location restrictions.

5-16-07 Security documents: Form: Refund. 5-16-08 Application processing.

5-16-01 Sales defined.

For the purposes of this chapter, "Christmas tree sales" shall mean any area used for the sale of Christmas trees.

5-16-02 Licenses required to conduct: Property owner's liability.

(a) Licenses required. It shall be unlawful for any person to operate, maintain, conduct, advertise or sell Christmas trees unless such person obtains both Planning Department Division authorization and a business license from the City to conduct such sales.

(b) Property owner's liability. It shall be unlawful for the owner or possessor of any real property to knowingly permit the opening, conducting, carrying on or operation, or allowing any other person to operate a Christmas tree sales lot upon such real property without first obtaining a license therefor as provided in this chapter.

5-16-03 Permitted time periods.

(a) No Christmas tree sales lot shall open for business prior to the twenty-secondfifth (22nd5th) day of November in any given year.

(b) A Christmas tree sales lot shall be closed, cleaned of all debris and merchandise prior to the eighth fifteenth (158th) day of January of any given year.

5-16-04 Licenses: Applications: Form.

An application for a Temporary Use of Land permit (TMC 9-5-500ART) shall be submitted to the Development Services Director at least two (2) weeks prior to the planned establishment of a sales lot. In addition to the requirements for a Temporary Use of Land permit, any Aapplications for a Christmas tree sales lots shall be

made in writing to the Planning Department at least two (2) weeks prior to the planned installation of a sales lot, and shall contain the following information:

(a) Information concerning the applicant: The name, business name, address, mailing address, and telephone number. If the applicant will not be present on the proposed site, the name, address and telephone number of the persons responsible for managing the sales lot shall be included.

(b) Premises information: the address (if one exists), County Assessors Parcel Number and description of the lot location of the proposed sales lot. Written proof of property ownership or the authorization for property usage by the legal owner shall be provided with the application.

(c) Plans for security lighting, dates and hours of operation and intended advertising of the business shall also be included with the application.

(d) Any additional information required by the Development Services Director to make the findings for a Temporary Use of Land permit pursuant to TMC 9-5-504.

5-16-05 Licenses: Conditioned approval.

The Planning DirectorDevelopment Services Director shall consider the location of the site and shall either grant the license without conditions or with conditions which must be met, including security required from the applicant as a guarantee that the conditions will be met, before a license is granted or not grant the application. Such criteria for approval may include, but are not limited to, any or all of the following subjects:

(a) Site circulation and access restrictions;

(b) Proximity of residential uses;

(c) Traffic/pedestrian visibility conflicts;

(d) Noise; and.

(e) Conditions listed in TMC 9-5-505 (Temporary Use of Land – Conditions).

5-16-06 Licenses: Location restrictions.

Christmas tree sales lots shall be permitted on properties zoned for commercial or industrial uses located along the major thoroughfares identified by the Turlock General Plan.

(Ord. 983-CS, Amended, 07/11/2002)

5-16-07 Security documents: Form: Refund.

At least two (2) weeks prior to the establishment of a sales lot, the applicant shall post a Five Hundred and no/100ths ($500.00) Dollar refundable cleaning deposit to insure that the sales lot is clean and free of debris with the time period set forth in Section 5-16-03.

Prior to refund of any cleaning deposit, the Planning Department Division shall inspect the sales lot to insure that the property is clean and free of debris. The cost of any required cleanup of the sales lot shall be deducted for the security deposit.

5-16-08 Application processing.

With two (2) working days from the issuance of a Christmas tree sales lot permit, the Planning Department shall notify, in writing, the Finance Department, Police Department and Fire Department and provide the following information:

(a) Copy of the sales lot application;

(b) Site location map.

SECTION 3. AMENDMENT: Title 9, Chapter 1, Article 2, Section 02 is hereby amended to read as follows:

9-1-202 Definitions.

“Abandoned” shall mean to cease or suspend from developing or maintaining a building or use for a stated period of time.

“Abandoned activity” shall mean a business or activity with no reported sales or activity for a period of at least one hundred eighty (180) days. Exceptions are temporary closures for repairs, alterations, or other similar situations.

“Abut” or “adjoin” shall mean two (2) or more parcels sharing a common boundary of at least one (1) point.

“Access” or “access way” shall mean the place, means, or way by which pedestrians and vehicles shall have safe, adequate, and usable ingress and egress to a property or use.

“Accessory buildings and uses” shall mean buildings and uses, both permanent and temporary, which are:

(a) Subordinate to and serve a principal building or principal use;

(b) Subordinate in area, extent, or purpose to the principal building or principal use;

(c) Contribute to the comfort, convenience, or necessity of occupants of the principal building or principal use;

(d) Located on the same lot as the principal building or use; and

(e) Accessory uses in commercial and industrial businesses shall be limited to twenty (20%) percent of the total

floor area.

“Acreage, gross” shall mean the entire area of a site calculated to the centerline of planned bounding streets and to the edge of the right-of-way of existing or dedicated streets.

“Acreage, net” shall mean the area of a parcel of land measured to the property lines less streets and/or alleys or those areas proposed or required to be dedicated as streets and/or alleys.

“Action” shall mean the decision made by the review authority on a land use application, including applicable findings, environmental determination, and conditions of approval.

“Adjacent” shall mean situated “next to” and shall include both abutting property and real property located across alleys, streets, or other public right-of-way.

“Adult use” shall mean a business or location where the main emphasis is on the sale or promotion of sexually explicit materials or activities. See TMC 9-2-102, Adult entertainment facilities, for further definitions and reference.

“Affordable housing” shall mean housing for which the housing payment is not more than thirty (30%) percent of household gross income for a specified housing group.

“Agent of owner” shall mean a person authorized to act for the property owner.

“Agriculture” or “agricultural use” shall include a range of activities involved in the production of food such as the tilling of the soil, the raising of crops, horticulture, viticulture, dairying, and livestock farming, including all uses customarily incidental thereto; but excluding slaughter houses, fertilizer yards, transport businesses for agricultural hauling, bone yards or rendering plants for the reduction of animal matter, the cultivation of marijuana, or any other industrial use which is similarly objectionable because of noise, odor, smoke, dust, or fumes.

“Airports and landing strips” shall mean runways and related facilities for aircraft, including rotary-winged and ultralight aircraft, take-off and landing.

“Alley” shall mean a public or private right-of-way permanently reserved primarily for vehicular service access to the rear or sides of properties otherwise abutting on a street and affording only secondary means of access to abutting property.

“Alteration” shall mean any change, addition, or modification in construction or occupancy of an existing structure.

“Amendment” shall mean a change in the wording, context, or substance of any provision in this title; or an addition, deletion, or a change in the zone boundaries or classification upon the zoning map.

Amusement center or arcade. See TMC 4-11-101 et seq.

“Animal boarding” shall mean the provision of shelter and care for small animals on a commercial basis. This classification includes activities such as feeding, exercising, grooming, and incidental medical care.

“Animal grooming” shall mean the provision of bathing and trimming services for small animals on a commercial basis during regular business hours.

“Animal hospitals” shall mean establishments where small animals receive medical and surgical treatment. This classification includes only facilities that are entirely enclosed, soundproofed, and air conditioned.

Grooming and temporary (thirty (30) days or less) boarding of animals is included if incidental to the hospital use.

“Animals, retail sales” shall mean retail sales and boarding of small animals, provided such activities take place within an entirely enclosed building. This classification includes grooming if incidental to the retail use.

“Annexation” shall mean the process of adding territory to the incorporated area of the City and simultaneously detaching said territory from Stanislaus County and certain service districts.

“Antenna” shall mean a device for transmitting or receiving radio, television, or any other transmitted signal.

“Antique store” shall mean a business whose primary purpose is the sale of objects having special value because of their age, especially a domestic item or piece of furniture or handicraft esteemed for its artistry, beauty, or period of origin.

“Apartment” shall mean a room or group of rooms in a building rented or leased to a tenant and constituting five (5) or more dwelling units. For the purpose of this definition, “building” shall mean one (1) or more buildings on one (1) or more contiguous lots or parcels under common ownership, and the total contiguous number of dwelling units in all of such buildings shall be used to determine the number of dwelling units subject to the requirements of this title. (See also “dwelling, multifamily.”)

“Artist studio” shall mean a place where fine art is created and occasionally displayed, and affords the artists a live-work opportunity typically in the downtown area. “Fine art” is art concerned with the creation of beautiful objects such as painting and sculpture.

“Attached” shall mean the physical connection of two (2) structures as defined by the California Building Code. A building or structure shall be defined as “attached” when there is less than six (6') feet between that building or structure and any other building on the same property.

“Auto repair, major” shall mean a place providing a full range of vehicle repair and maintenance services which include outside storage, the use of hazardous liquids, open flame, or welding operations. Hazardous liquids include Class I, II or III-A liquids as defined by the California Building Code.

“Auto repair, minor” shall mean a place providing vehicle repair and maintenance limited to exchange of parts and maintenance which does not include the activities as defined under “Auto repair, major.” Any activity combining minor and major automobile repair shall be defined as major automobile repair.

“Auto sales and service” shall mean sale and rental of automobiles, motorcycles, trucks, and recreational vehicles, including storage and incidental maintenance.

“Automobile service station” shall mean an area which provides for the servicing or fueling of motor vehicles, including tube and tire repairs, battery charging, storage of merchandise and supplies related to the servicing of motor vehicles, sale of gasoline and other fuel and lubricants, motor vehicle washing, grease racks, and motor vehicle repairs, excluding major auto repair and other similar activities. This definition includes a convenience gas mart with two (2) or more service islands.

“Automobile storage” shall mean lots for the storage of parking tow-away, impound yards, and storage lots for automobiles, light duty trucks, buses, and recreational vehicles, but excluding commercial vehicles.

“Automobile washing” shall mean washing, waxing, detailing, or cleaning of automobiles or similar light vehicles including the use of mechanical automobile washers.

“Awning” shall mean a roof-like cover that is attached to and projects from the wall of a building for the purpose of shielding from the elements.

“Balcony” shall mean an open area located either recessed or projected out from the walls of a building. Balconies are thirty (30") inches or more above grade and are open to one (1) or more sides except for a railing or parapet not more than forty-two (42") inches high. An exterior corridor is not a balcony.

“Bar” shall mean any premises wherein alcoholic beverages are sold at retail for consumption on the premises and where minors are excluded therefrom by law. A bar shall include any premises wherein food products, including salads, sandwiches, desserts, and similar short order items and snacks, are sold or served incidentally to the sale or service of alcoholic beverages. . Minors may or may not be excluded from the premises. It shall not mean a bona fide “restaurant”restaurant wherein alcoholic beverages are sold incidentally to the public in conjunction with the sale of food for consumption on the premises.

“Basement” shall mean that portion of a building that is partly or completely below grade. A basement shall be counted as a story for purposes of height measurement where any portion of a basement has more than one- half (1/2) of its height above grade.

“Berm” shall mean a mound or embankment of earth.

“Block” shall mean a section of land surrounded by public streets, highways, freeways, railroad rights-of-way, flood control channels, creeks, washes, rivers, or unsubdivided acreage or any combination thereof.

“Block face” shall mean the properties abutting on one (1) side of a street and lying between the two (2) nearest intersecting streets, or nearest intersecting or intercepting street and railroad right-of-way, unsubdivided land, or City

boundary.

“Buffer area” shall mean a landscaped area intended to separate and partially obstruct the view of two (2) adjacent land uses or properties from one

another.

“Building” shall mean any structure used or intended for supporting or sheltering any use.

Building, accessory. See “accessory buildings and uses.”

“Building and Safety Division” shall mean that agency or department designated by the City to process building permits and the related plan check/inspection services.

Building coverage. See “lot coverage.”

“Building height” shall mean the vertical distance from the finished grade to the highest point of the building as measured to the rooftop for flat roofs; to the deck line for mansard roofs; and to the top ridge line for gable, hip, and gambrel roofs, exclusive of chimneys and

ventilators.

“Building materials and services” shall mean a commercial use that provides materials, such as concrete, lumber, stone, sand, clay, insulation, plumbing, and the like, which are used for construction purposes.

“Building, principal” shall mean a building in which the primary use of the lot on which the building is located is conducted.

“Cargo container” shall mean a premanufactured metal shipping container or standardized, reusable vessel, designed without axle or wheels, that was originally designed and fabricated for, or used in, the packing, shipping, movement, or transport of freight, articles, goods, or commodities from one location to another and that is delivered to a site as a fully assembled unit. The term “cargo container” shall not include a storage shed that is assembled at the site or a trailer with wheels used in the transport of freight. This term shall only apply to those containers that are accessory to the primary use of the property for the storage of directly related nonflammable, noncombustible, nonhazardous materials and supplies. If the container is proposed to be stored on the site for resale or rental, or to be used as a building material in the construction of a building or structure, the district regulations applicable to those uses shall apply.

“Catering services” shall mean a business establishment cooking and delivering food to an outside location such as a hotel, banquets, weddings, conventions, and the like. This does not include mobile food vendors.

“Clubs and lodges” shall mean meeting, recreational, or social facilities of a private or nonprofit organization primarily for use by members or guests. This classification includes union halls, social clubs, and youth centers.

“Commercial recreation and entertainment” shall include movie theaters, performing art theatres, sports stadiums and arenas, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, miniature golf courses, golf driving ranges, model courses, shooting galleries, pinball arcades or electronic game centers having two (2) or more coin-operated game machines, card rooms, and facilities used exclusively for bingo games. Commercial recreation and entertainment does not include adult entertainment facilities or nightclubs.

“Commissary” shall mean a food facility that services mobile food facilities, mobile support units, or vending machines where all of the following occur: (a) food, containers, or supplies are stored; (b) food is prepared or prepackaged for sale or service at other locations; (c) utensils are cleaned; (d) liquid and solid wastes are disposed, or potable water is obtained, pursuant to California Health and Safety Code Section 113751.

“Community garden” shall mean a site where any kind of plant, except marijuana, is grown, and several individuals or households cultivate the site. Community gardens typically provide a service to gardeners that do not live in the immediate neighborhood resulting in the generation of vehicular traffic that is not normally associated with residential uses. The site may be divided into individual allotments, or gardeners may work together to cultivate the entire property. The land may be publicly or privately owned. The plants are grown for personal use by the gardeners, or for donation. No on-site sales or distribution to the public are permitted.

“Conditional use” shall mean uses which may be allowed subject to specific findings, conditions, and approval of a conditional use permit by the Planning Commission.

“Condominium” shall mean a development consisting of an undivided interest in common for a portion of a parcel coupled with a separate interest in airspace in a residential building on a parcel.

“Condominium, commercial” shall mean individually owned unit in a building or development with commercial occupants. Each unit may be financed or sold separately by the owner, but the care and expense of maintaining common areas are shared.

Construction, Commencement of. Construction shall be determined to start when all of the following have been completed by the developer:

(a) Filing of full sets of building plans with the Building Inspector and issuance of a building permit including electrical, plumbing, and mechanical permits.

(b) Performance of all conditions of approval specifying “prior to the issuance of a building permit” as found in any applicable approval statements and/or resolutions adopted by the City Council, Planning Commission, or Development Services Director.

(c) Payment of all required fees, including building permit fees, and the posting and acceptance of all public improvement securities, if applicable.

(d) Compliance with environmental review procedures of the City.

Construction, Completion of. Construction shall be complete when the final required building inspection has been completed and/or a “certificate of occupancy” (as defined by the California Building Code) is issued by the Building Inspector.

“Convalescent hospital” shall mean a facility providing short- or long-term nursing, dietary and other medical services to convalescents or invalids but not providing surgery or primary treatment such as are customarily provided in a hospital. “Convalescent hospital” includes nursing home and rest home, but does not include general or specialized hospital or residential care facility.

“Convenience gas mart” shall mean a retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same. Activities may include the sale and/or dispensing of gasoline and other petroleum products.

“Conversion” shall mean changing the original purpose of a building to a different use.

“Crop production” shall mean the growing of fruit and nut trees, vine crops, and horticultural stock for production of food or fiber for human consumption, excluding marijuana, and shall not include the on-site sale or public distribution of such goods. Agricultural operations shall be conducted under the direction of the property owner. The vehicular traffic associated with crop production shall not exceed levels normally associated with residential uses.

“Cultural institutions” shall mean institutions displaying, preserving, or demonstrating intellectual and artistic objects or activities. This classification generally includes libraries, museums, and art galleries where displayed objects are not intended for sale.

“Dance studio” shall mean an indoor facility where students are taught various forms of dance.

“Day care center” shall mean any child day care facility, as defined in Section 1596.76 of the California Health and Safety Code, other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school-age child care centers.

(a) “Child day care facility” shall mean a facility, as defined in Section 1596.750 of the California Health and Safety Code, that provides nonmedical care to children under eighteen (18) years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a twenty-four (24) hour basis. “Child day care facility” includes day care centers, employer-sponsored child care centers, and family day care homes.

(b) “Large family day care” shall mean a home, as defined in Section 1596.78(b) of the California Health and Safety Code, that provides family day care for seven (7) to fourteen (14) children for periods of less than twenty-four (24) hours per day, inclusive, including children under the age of ten (10) years who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in State regulations.

(c) “Small family day care” shall mean a home, as defined in Section 1596.78(c) of the California Health and Safety Code, that provides family day care for eight (8) or fewer children for periods of less than twenty-four (24) hours per day, including children under the age of ten (10) years who reside at the home as set forth in Section 1597.44 of the California Health and Safety Code and as defined in State regulations.

“Deck” shall mean a platform less than thirty (30") inches above the grade, either freestanding or attached to a building.

“Density” shall mean the ratio between dwelling units and land, expressed as the number of dwelling units per gross acre, or as square feet of land required per dwelling unit.

“Density bonus” shall mean an increase of dwelling units over the otherwise maximum allowable residential density.

“Density, gross” shall mean the number of dwelling units per acre of developable residential land including public and private streets, but excluding greenways and easements for drainage or power transmission lines.

“Density, net” shall mean the number of dwelling units per acre of developable residential land exclusive of public and private streets, greenways, drainage, power-transmission line easements, or other public and semipublic uses.

“Development” shall mean:

(a) The division of a parcel of land into two (2) or more parcels;

(b) The construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any structure, including any facility of any private, public, or municipal utility;

(c) Any mining, excavation, landfill, or land disturbance;

(d) Any use or extension of the use of land;

(e) Any subdivision pursuant to the Subdivision Map Act; and

(f) Any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of the land by a public agency for public recreational use.

“Development agreement” shall mean an agreement entered into between the City of Turlock and a contracting party which relates to a specific real property, subject to the terms of the agreement, pursuant to the provisions of this chapter and Article 2.5, Chapter 4, Division 1 of Title 7 of the California Government Code.

“Development Services Director” shall mean the Director of the Development Services Department of the City of Turlock, or designee. “Development Services Director” shall also include the term “Director.”

“Director” shall mean the City of Turlock Development Services Department Director or designee.

“Discount club” shall mean a discount store or warehouse where shoppers pay a membership fee in order to take advantage of discounted prices on a wide variety of items such as food, clothing, tires, and appliances; many items are sold in large quantities or bulk.

“Discount store” shall mean stores with off-street parking that usually offer a variety of customer services, centralized cashing, and a wide range of products. They usually maintain long store hours seven (7) days a week. The stores are often the only ones on the site, but they can also be found in mutual operation with a related or unrelated garden center or service station. Discount stores are also sometimes found as separate parcels within a retail complex with their own dedicated parking.

“Discount superstore” shall mean a store that is similar to a “discount store” described above, with the exception that they also contain a full service grocery department under the same roof that shares entrances and exits with the discount store area. Such retail stores exceed one hundred thousand (100,000) square feet of gross floor area and devote at least five (5%) percent of the total sales floor area to the sale of nontaxable

merchandise. “Sales floor area” means only interior building space devoted to the sale of merchandise, and does not include restrooms, office space, storage space, automobile service areas, or open-air garden sales space. “Nontaxable merchandise” means products, commodities, or items the sale of which is not subject to California State sales tax. These stores usually offer a variety of customer services, centralized cashing, and a wide range of products. They usually maintain long store hours seven (7) days a week. The stores are often the only ones on the site, but they can also be found in mutual operation with a related or unrelated garden center or service station. Discount superstores are also sometimes found as separate parcels within a retail complex with their own dedicated parking.

“Distance between structures” shall mean the minimum distance measured between two (2) structures.

“Drive-in facility” shall mean any place or premises designed or used for the sale, dispensing, or serving of food, refreshments, money, gasoline, or other goods and services to customers while sitting in their vehicles. Vehicles are parked in individual parking stalls while awaiting service.

“Drive-through facility” shall mean any place or premises designed or used for the sale, dispensing, or serving of food, pharmaceuticals, and other goods and services to customers while sitting in their vehicles at a drive-up window. Vehicles typically queue in a drive-through lane while awaiting service at a drive-up window.

“Driveway” shall mean a private roadway for the exclusive use of the occupants of a property and their guests which provides vehicular access from a public street to required off-street parking spaces, garages, or recreational vehicle storage.

Dwelling.

(a) “Multifamily” shall mean a residential building containing two (2) or more dwelling units on one (1) lot. Multifamily dwellings shall include dwellings that are constructed for the purposes of providing supportive and transitional housing.

(b) “Second” shall mean an additional dwelling unit located on a lot zoned for single- or multifamily residential uses having sleeping, kitchen, and sanitation facilities, and being attached to or detached from an existing single-family dwelling located on the same lot. The definition of a “kitchen” is described in this section. (See also TMC 9-2-119, Second dwelling units.)

(c) “Single-family” shall mean a residential building containing one (1) dwelling unit on one (1) lot. All rooms within the single-family attached dwelling shall be interconnected. “Single-family dwelling” shall include a dwelling that is constructed for the purposes of providing supportive and transitional housing.

“Dwelling unit” shall mean one (1) or more rooms, including bathroom(s) and a kitchen, designed for or used by one (1) family for living or sleeping purposes. The defining feature of a “kitchen” is the presence of a major cooking appliance such as a cook top and/or oven intended for the preparation of food for one (1) family. Other features typically found in a kitchen are a sink and counter space large enough for food preparation and cleaning, refrigeration facilities, and storage area.

“Easement” shall mean a grant of one (1) or more property rights by the property owner for use by the public, a corporation, or another person or entity.

“Emergency services provider” shall mean a public or private agency which provides fire, ambulance, police, or similar emergency dispatch services for the protection of life or property.

“Emergency shelter” shall mean housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.

“Employee housing” shall be as defined in Section 17008 of the California Health and Safety Code and shall include farm worker housing. In nonagricultural residential zones, accommodations for six (6) or fewer employees shall be deemed a single-family structure pursuant to Section 17021.5 of the California Health and Safety Code. In agricultural zones, accommodations of no more than thirty-six (36) beds in a group quarters or twelve (12) units or spaces designed for use by a single family or households shall be deemed a permitted agricultural land use pursuant to Section 17021.6 of the California Health and Safety Code.

“Entertainment, live” shall mean a musical, theater, dance, cabaret, or comedy act performed by one (1) or more persons. Any form of dancing by patrons or guests at a restaurant or bar is live entertainment.

“Equipment sales, services, and rentals” shall mean sales, services, and rental of construction or agricultural equipment.

“Family” shall be defined by the maximum number of individuals permitted in a given residential space per the standards of the Uniform Housing Code and/or the California Building Code as applicable.

“Family day care home” shall mean a home, as defined in Section 1596.78(a) of the California Health and Safety Code, that regularly provides care, protection, and supervision for fourteen (14) or fewer children, in the provider’s own home, for periods of less than twenty-four (24) hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home.

(a) “Large family day care home” shall mean a home, as defined in Section 1596.78(b) of the California Health and Safety Code, that provides family day care for seven (7) to fourteen (14) children for periods of less than twenty-four (24) hours per day, inclusive, including children under the age of ten (10) years who reside at the home, as set forth in Section 1597.465 of the California Health and Safety Code and as defined in State regulations.

(b) “Small family day care home” shall mean a home, as defined in Section 1596.78(c) of the California Health and Safety Code, that provides family day care for eight (8) or fewer children for periods of less than twenty-four (24) hours per day, including children under the age of ten (10) years who reside at the home as set forth in Section 1597.44 of the California Health and Safety Code and as defined in State regulations.

“Fence” shall mean an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

“Financial services” shall mean walk-in and drive-through banking facilities that conduct financial transactions for walk-in customers as well as motorists conducting transactions from their vehicle. Banking facilities may or may not have drive-up lanes with or without automatic teller machines (ATMs).

“Floor area, gross” shall mean the total enclosed floor area of all stories of a building, measured to the outside structural members and exterior walls, including halls, stairways, basements, service and mechanical equipment rooms, mezzanines, interior balconies, attached garages, and other similar spaces.

“Floor area, net” shall mean the total enclosed floor area of all stories of a building, excluding corridors, hall, stairways, mezzanines, interior balconies, elevators, restrooms, closets, vaults, garages, and other similar space used by all occupants of a building rather than by an individual occupant.

“Floor area ratio (FAR)” shall mean the area resulting from dividing the gross floor area of all buildings on one

(1) lot by the gross land area of that lot.

“Food and beverage sales” shall mean the retail sales of food and beverages for off-site preparation and consumption. Typical uses include grocery stores, liquor stores and delicatessens. Establishments at which twenty (20%) percent or more of the transactions are sales of prepared food for on-site or take-out consumption shall be classified as catering services or restaurants.

“Friable” shall mean the addition of soil amendments and returning the soil to an easily crumbled or loosely compacted condition whereby the root structure of newly planted landscaping material will be allowed to spread unimpeded.

“Frontage” shall mean the property line, or lines, of a building site which abuts a local street. (See also “lot line, front.”)

“Garage” shall mean an accessory building, or portion of a building, used for the parking or temporary storage of automobiles or motorcycles for the occupants of the premises. A garage (except an off-street parking structure) shall be enclosed on all sides and possess a fully closing door at the point of vehicular access.

“General Plan” shall mean the Turlock General Plan and all elements thereof.

“Grade” shall mean the average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5') feet of a sidewalk, the ground level shall be measured at the sidewalk. For fences, the grade shall be determined by the finished ground level of the primary building(s) on the property and may be the higher of the two (2) adjoining properties.

“Group homes” shall mean any congregate housing arrangement for a group of unrelated individuals that share a condition, characteristic, or status not typical of the general population. This classification includes community care facilities, residential care facilities for the elderly, intermediate care facilities, nursing homes, assisted living facilities, alcohol and drug recovery, and other similar facilities that provide twenty-four (24) hour nonmedical services, supervision, or assistance for sustaining the activities of daily living, treatment, or for the protection of the individual. Such uses typically require licensing and inspection by the State of California.

(a) “Unlimited” shall mean the provision of congregate housing for thirteen (13) or more people.

(b) “Large” shall mean the provision of congregate housing for seven (7) to twelve (12) people.

(c) “Small” shall mean the provision of congregate housing for six (6) or less people.

“Group quarters” shall mean shared living quarters without separate kitchen or bathroom facilities for each room or unit. This classification includes boardinghouses, dormitories, fraternities, sororities, employee housing, non-licensed alcohol and drug recovery housing, and private residential clubs. Group quarters are not the same as group homes. Such facilities typically do not required licensing and inspection by the State of California.

(a) “Unlimited” shall mean the provision of shared living quarters for thirteen (13) or more people.

(a)(b) “Large” shall mean the provision of shared living quarters for seven (7) to twelve (12) people.

(b)(c) “Small” shall mean the provision of shared living quarters for six (6) or less people.

“Guest house” shall mean living quarters within an accessory building on a residential lot for use by temporary guests of the occupants of the premises. It shall have no kitchen or cooking facilities and shall not be rented or otherwise used as a separate independent dwelling.

“Health/recreation facility” shall mean an indoor facility including such uses as a gymnasium, game courts, exercise equipment and classes, locker rooms, pool, jacuzzi and/or spa, and pro shop. Exercise/fitness studios such as yoga studios, pilates studios, martial arts studios, and the like are also included.

“Home occupation” shall mean any occupation, profession, activity, or use conducted entirely within a dwelling, accessory building, or swimming pool, and carried on by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes, and does not change the character thereof or adversely affect the uses permitted in the residential zone district of which it is part.

“Hospital” shall mean an institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and includes related facilities such as laboratories, out-patient surgical centers and departments, training facilities, central services facilities, and administrative offices that are an integral part of the hospital facility.

“Hotel” shall mean a commercial land use providing shelter on a short-term basis in a building or portion thereof in which access is provided through a common entrance, lobby, or hallway and which contains six (6) or more guest rooms.

“Housing for the elderly” shall mean a building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons sixty (60) years of age or older or couples where either the husband or wife is sixty (60) years of age or older. This does not include a development that contains convalescent or nursing facilities.

Industry.

(a) General. The manufacturing of products, primarily from extracted or raw materials, or bulk storage and handling of such products and materials. Uses in this classification typically involve a high incidence of truck or rail traffic, and/or outdoor storage of products, materials, equipment, or bulk fuel. This classification includes food processing and packaging, unlimited laundries, auto dismantling, stonework and concrete products manufacturing, and power generation. General industry does not include the term “chemical manufacturing/processing.”

(b) Limited. Manufacturing of finished parts or products from previously prepared materials, warehousing, distribution, wholesaling, shipping and cooling within an enclosed building. This classification includes processing, fabrication, assembly, treatment, and packaging, but excludes basic industrial processing from raw materials or food processing.

“Itinerant vendor” shall mean any person who has no established place of business within the boundaries of the City of Turlock and who is engaged in transient business traveling from place to place for the purpose of selling any goods, wares, merchandise, or services or for the purpose of taking orders for the sale of any goods, wares, merchandise, or services to be delivered or performed at some future time and date. See TMC 5-17-02, itinerant vendors, for further reference.

“Junk yard” or “salvage yard” shall mean a site or portion of a site on which waste, discarded, or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, excepting a “vehicle dismantling and wrecking establishment” as defined in this section.

“Kennel” shall mean a place where four (4) or more dogs of five (5) months of age or older, or four (4) or more cats of four (4) months of age or older, are kept.

“Landscaping” shall mean an area devoted to, or developed and maintained with, native or exotic plantings, lawn, ground cover, gardens, trees, shrubs, and other plant materials, decorative treatments such as outdoor landscape surfaces of rock, stone, brick, block, or similar decorative material (excluding driveways, parking, loading or storage areas), and sculpture elements. Plants on rooftops, porches, or in boxes attached to buildings are not considered landscaping.

Laundries.

(a) “Limited” shall mean an establishment to dry clean and/or wash and dry clothes and other fabrics brought in and carried away by the customer. This may include self-service or coin-operated facilities.

(b) “Unlimited” shall mean an establishment where larger quantities of clothes and other fabrics are washed and/or ironed but are collected and delivered primarily by laundry employees, including dry cleaning establishments. Unlimited laundry does not include the term “limited laundry.”

“Livestock” shall mean animals customarily raised or kept on farms to include horses, cows, bulls, calves, oxen, sheep, goats, and other bovine or hoofed animals including pigs, hogs, and swine.

“Loading space” shall mean a designated parking area for the loading and unloading of goods and materials from a commercial vehicle. See Article 2 of Chapter 9-2 TMC, Off-Street Parking and Loading Regulations, for further reference.

“Lot” shall mean a parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon. See diagram below. The classification of lots are:

(a) “Corner” shall mean a lot located at the intersection of two (2) or more streets.

(b) “Flag” shall mean a lot having access or an easement to a public or private street by a narrow, private right-of-way.

(c) “Interior” shall mean a lot abutting only one (1) street.

(d) “Key” shall mean a lot with a side line that abuts the rear line of any one (1) or more adjoining lots.

(e) “Reverse corner” shall mean a corner lot, the rear of which abuts the side of another.

(f) “Through” shall mean a lot having frontage on two (2) generally parallel streets, with only one (1) primary

access.

“Lot area” shall mean the horizontal area within the lot lines of a lot.

“Lot coverage” shall mean that portion of a lot occupied by any building or structure, excepting uncovered paved areas, walks, and swimming pools or spas.

“Lot depth” shall mean the horizontal distance from the midpoint of the front lot line to the midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear lot line.

“Lot frontage” shall mean the portion of the lot contiguous to the street.

“Lot line” shall mean a line dividing one (1) lot from another lot or from a street or alley. The classifications of lot lines are:

(a) “Front” shall mean, on an interior lot, the lot line separating the parcel from the street. On a through lot, both lot lines abutting a street frontage providing the primary access to the lot are considered front lot lines. On a through lot that is also a corner lot, the property owner may designate the corner lot line. On a flag lot, the interior lot line most parallel to and nearest the street from which access is obtained. On a corner lot, the owner may designate on which street the lot fronts so long as the minimum property development standards are met for the zone district in which the lot is located. If such designation is made, then that line is the street line separating the designated street from the lot. If no such designation is made, the line is the street line separating the narrowest street frontage of the lot from the street. Once the choice of frontage has been made, it cannot be changed, unless and until all requirements for yard space are complied with.

(b) “Interior” shall mean any lot line not abutting a street.

(c) “Rear” shall mean the lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three (3) lot lines will not have a rear lot line.

(d) “Side” shall mean any lot line not a front or rear lot line.

(e) “Zero” shall mean the location of a building on a lot in such a manner that one (1) or more of the building’s

sides rests directly upon a lot line.

“Lot width” shall mean the horizontal distance between the side lot lines, measured at right angles to the lot depth at a point midway between the front and rear property lines.

Maintenance and repair service.

(a) “Major” shall mean facilities providing equipment maintenance and repair services and material storage areas. This classification includes corporation yards, equipment service centers, and the like, and excludes maintenance and repair of vehicles.

(b) “Minor” shall mean establishments providing appliance repair, office machine repair, or building maintenance services. This classification excludes maintenance and repair of vehicles and outside storage.

“Manufactured housing” shall mean single-family detached housing that is built to the National Manufactured Housing Construction and Safety Standards Act of 1974, and shall include structures known as manufactured homes, but which is not constructed with a permanent hitch for relocation. A manufactured home shall not be deemed to include a mobile home as defined in this section. (See also “mobile home.”)

“Mini-storage/warehouse facilities” shall mean a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the unused storage of goods or wares and may include outdoor storage.

“Mixed use” shall mean a building, structure or premises occupied by or used by two (2) or more principal types of use, any of which is permitted in a district independent of other uses.

“Mobile food facility” shall mean any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail pursuant to California Health and Safety Code Section 113831 that is permitted pursuant to TMC 9-2-124. “Mobile food facility” does not include the following: (a) a “street vendor” as defined in Chapter 5-17 TMC; (b) an “itinerant vendor” as defined in Chapter 5-17 TMC unless the vendor remains on private property for a period of thirty (30) minutes or more during any twenty-four

(24) hour period; or (c) a “transporter” used to transport packaged food from a food facility, or other approved source to the consumer.

“Mobile home” shall mean a transportable, factory-built structure, built upon a chassis for future movement and built prior to the Manufactured Housing Construction and Safety Standards Act of 1974. The structure must be designed for use as a residential dwelling, with or without a permanent foundation, when connected to the required utilities, and intended for occupancy by one (1) family. A transportable travel trailer less than thirty-two (32') feet in length and less than eight (8') feet in width shall not normally be considered a mobile home. (See also “manufactured housing.”)

“Mobile home development” shall mean an area or tract of land where one (1) or more spaces for the occupancy by a mobile home are provided. “Mobile home park” does not include recreational vehicle park.

“Motel” shall mean a commercial land use providing shelter, on a short-term basis, in one (1) or more buildings on the same lot. The buildings contain guest rooms or dwelling units or both, which are usually individually and independently accessible from outside the building. “Motel” includes motor lodge, tourist court, motor hotel, or any other designation intended to identify the premises as providing for rental or overnight accommodation primarily to motorists.

“Museum” shall mean a building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.

“Neighborhood store” shall mean a local retail establishment selling food products and household items which may be located in a residential neighborhood and does not exceed two thousand five hundred (2,500) square feet.

“Nightclub” shall mean an establishment providing any or all of the following entertainment opportunities, whether or not a fee is charged: (1) live performance, such as musical, dance, cabaret, or comedy acts; (2) any form of dancing by patrons or guests available to the general public; or (3) amplified live or recorded music.

Typically, but not necessarily, alcoholic beverages and/or meals or refreshments may be served. A nightclub may be operated in combination with other uses, such as a restaurant or special event center, but operated only part of the day, typically in the evening.

“Nonconforming, illegal” shall mean a structure, lot, or use which did not conform to applicable laws when constructed or initiated, and does not conform to the provisions of this Development Code.

“Nonconforming lot” shall mean a lot that does not meet the area, width or depth standards for the district in which the lot is located which lawfully existed prior to the adoption, revision, or amendment of this Code, but which fails by reason of such adoption, revision, or amendment to conform to the use district in which it is located.

“Nonconforming structure” shall mean any building or structure that does not meet the limitations on building size, height, and location on a lot, for the district in which such building is located, for the use to which such building is being put. (See also Article 4 of Chapter 9-2 TMC, Nonconforming Structures and Uses.)

“Nonconforming use” shall mean a lawful use of land that does not comply with the use regulations for its zoning district but which complied with applicable regulations at the time the use was established.

“Nuisance” shall mean anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.

“Nursery” shall mean an establishment in which all merchandise other than plants is kept within an enclosed building or a fully screened enclosure, and fertilizer of any type is stored and sold in package form only.

Office.

(a) “Medical and dental” shall mean a facility where physicians and staff provide diagnostic and outpatient care, but does not provide prolonged in-house medical and surgical care. The facility may include lab facilities, supporting pharmacies, diagnostic and treatment rooms.

(b) “Business and professional” shall mean a place of business where professional and clerical activities are performed. The building may contain a single tenant or multiple tenants.

“Open space, common” shall mean open space within or related to a development, not in individually owned lots or dedicated for public use, but which is designed and intended for the common use or enjoyment of the residents of the development.

“Open space, usable” shall mean any reasonably accessible portion of a lot, including decks, swimming pools, balconies, and the like, which is landscaped and/or developed for recreational use or outdoor activities. Usable open space shall not include parking areas, driveways, any part of an existing or future road or right-of- way, service areas, and slopes over ten (10%) percent, and shall not have any horizontal dimension less than ten (10') feet, except decks or balconies, which shall have a minimum dimension of six (6') feet to qualify as usable open space. Decks or paved walkways shall not be counted as usable open space where they are used principally as a passageway and entrance to a dwelling(s). Where decks are private in nature or are for the general use of tenants residing on the property and do not serve as a passageway, such decks may be counted as usable open space when otherwise conforming with the requirements of this chapter.

“Outdoor storage” shall mean the keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than twenty-four (24) hours.

“Overlay zone” shall mean a set of zoning requirements that is described in the text of the zoning regulations of this Code, is mapped and is imposed in addition to those requirements of the underlying district.

“Park and recreation facilities” shall mean noncommercial parks, playgrounds, recreation facilities, and open spaces.

“Parking, off-street facilities” shall mean a site or a portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives, and landscaped areas.

“Parking, off-street loading facilities” shall mean a site or a portion of a site, including loading berths, aisles, access drives, and landscaped areas, devoted to the loading or unloading of people or materials from motor vehicles or trailers.

“Permitted use” shall mean any use allowed in a land use zoning district and subject to the provisions applicable to that district.

“Personal services” shall mean a commercial land use providing recurrently needed services of a personal nature. Personal services generally include barber and beauty shops, tanning salons, seamstresses, tailors, shoe repair shops, dry cleaning (except bulk processing plants), photocopying, postal and mailing service shops, and self-service laundries.

“Plan line” shall mean official established right-of-way lines for future streets or for the extension or widening of existing streets within which the construction of structures is generally prohibited.

“Planned development” shall mean a type of development characterized by comprehensive planning for the project as a whole, clustering of structures to preserve usable open space and other natural features, and a mixture of housing types within prescribed densities.

“Planning Commission” shall mean the City of Turlock Planning Commission.

“Porch” shall mean a covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of the building.

“Preexisting” shall mean in existence prior to the effective date of the zoning regulations codified in this Code.

“Premises” shall mean a lot, parcel, tract, or plot of land, together with the buildings and structures located thereon.

“Principal building” shall mean a building in which the primary use of the lot on which the building is located is conducted.

“Principal use” shall mean the primary or predominant use of any lot, building, or structure.

Printing and publishing.

(a) “Limited” shall mean the preparation of camera-ready artwork and text, photocopying, printing, and binding in a building not exceeding two thousand (2,000) square feet.

(b) “Unlimited” shall mean the preparation of camera-ready artwork and text, photocopying, printing, and binding in a building exceeding two thousand (2,000) square feet.

“Project” shall mean any proposal for new or changed uses of land, or for new construction, alteration, or enlargement of any structure, that is subject to the provisions of this title.

Property line. See “lot line.”

“Public buildings and facilities” shall mean a class of uses generally open to the public and maintained and supported by public and nonprofit agencies or organizations and which are of a recreational, educational, religious, or cultural nature.

“Rebuild” shall mean to undertake construction within and/or on an existing building which has a valid construction permit with a construction value greater than fifty (50%) percent of the replacement cost of the existing building being rebuilt. The permit value is valid for a twelve (12) month period beginning on the date of permit issuance.

“Recreational vehicle” shall mean a vehicular unit not exceeding forty (40') feet in overall length, eight (8') feet in width, or thirteen and one-half (13 1/2') feet in overall height, primarily designated as a temporary living quarters for recreational, camping, or travel use; it either has its own motive power or is designed to be mounted on or drawn by an automotive vehicle. The term “recreational vehicle” shall include motor homes, travel trailers, pick-up campers, camping trailers, converted trucks or buses, boats and boat trailers, and all- terrain vehicles. See TMC 9-2-114, Permitted locations of mobile homes, recreational vehicles, and campers.

“Recycling center” shall mean a facility that is not a junkyard and in which recoverable resources, such as newspapers, plastic, glassware, and metal cans, are collected, stored, flattened, crushed, or bundled within a completely enclosed building for transfer to another facility for processing into raw materials or other recycled materials.

“Recycling collection center” shall mean an incidental use and operation that serves as a neighborhood drop-off and collection point for temporary storage of recoverable and recycled materials. No processing of such items would be carried out and the facility would generally be located in a shopping center parking lot or in other public/quasi-public areas, such as churches and schools.

“Recycling processing facility” shall mean a facility that is not a junkyard and in which recoverable resources, such as newspapers, magazines, books, cardboard, and other previously used paper products; plastic materials; glass; metal cans; and other similar products, are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.

“Rental storage facility” shall mean a facility consisting of individual, compartmentalized stalls located entirely within an enclosed building or group of buildings with controlled access. Stalls are rented or leased for the storage of customers’ goods, wares, or archival files, and which may include an on-site manager’s quarters, but excludes any outside storage, warehousing storage, or wholesale distribution.

“Research and development services” shall mean establishments primarily engaged in industrial or scientific research, including limited product testing.

Residential care facility.

(a) “Large” shall mean any family home, group care facility, or similar facility providing twenty-four (24) hour nonmedical services, supervision, or assistance for seven (7) or more people essential for sustaining the activities of daily living or for the protection of the individual. “Large residential care facility” includes shelters, board and care facilities, halfway houses, and like uses, but does not include any facility not specifically preempted from the State of California Welfare and Institutions Code and the State of California Health and Safety Code.

(b) “Small” shall mean any family home, group care facility or similar facility providing twenty-four (24) hour nonmedical services, supervision, or assistance for six (6) or fewer people essential for sustaining the activities of daily living or for the protection of the individual. “Small residential care facility” includes any facility not specifically preempted from the State of California Welfare and Institutions Code and the State of California Health and Safety Code.

“Restaurant” shall mean a business establishment whose principal business is the selling of meals to guests for consumption on the premises and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods. The food is served in individual servings and the guest generally consumes these foods while seated at tables or counters located within the building or a specially designed outdoor dining area. The sale or service of alcoholic beverages shall be incidental to the sale of meals for consumption on the premises. A small band or single entertainer, such as harpists, guitarists, mariachi bands, and pianists, using acoustic or “low amplification” instruments, and offered at no cost to the patron, may be provided while meals are being served. “Low amplification” shall mean 60 dBA or less when measured three (3’) feet from the noise source using the A weighting scale of the sound level meter and the “fast” meter response.

“Restaurant, drive-in” shall mean a business establishment that delivers prepared food, frozen desserts, and/or beverages in a ready-to-consume state to customers in motor vehicles, regardless of whether or not it also serves prepared foods and/or beverages to customers who are not in motor vehicles, for consumption either on or off the premises. Vehicles are located in parking stalls in a drive-in facility. The sale or service of alcoholic beverages shall be incidental to the sale or service of prepared food products.

“Restaurant, fast food” shall mean a business establishment whose principal business is the quick selling of foods, frozen desserts, or beverages in ready-to-consume individual servings for consumption either on or off premises. This facility offers quick service, which is accomplished through a limited menu of items already prepared and held for service, or which are prepared quickly. Orders are not generally taken at the customer’s table, and food is generally served in disposable wrapping or containers. A fast food restaurant may or may not

include a drive-through facility. The sale or service of alcoholic beverages shall be incidental to the sale or service of prepared food products.

“Retail sales” shall mean the retail sales of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores, furniture stores, and businesses retailing goods such as the following: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, audio and video sales and rentals, sporting goods, kitchen utensils, hardware, appliances, antiques, art supplies and services, paint and wallpaper, carpeting and floor covering, office supplies, bicycles, new automotive parts and accessories (excluding service and installation), and the like. See also “discount store” as defined by this section.

“Right-of-way” shall mean a strip of land occupied or intended to be occupied by a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, shade trees, or other special uses.

“Roadside stand” shall mean a temporary structure designed or used for the display or sale of produce grown or raised on the same premises that the structure is placed.

“Salvage and wrecking yards” shall mean the use of a lot, or contiguous lots, or any portion thereof, for the storage of junk, including scrap materials, and/or for the dismantling or wrecking of salvaged equipment including, but not limited to, building materials, heavy machinery, and vehicles.

“Satellite dish antenna” shall mean an apparatus designed to receive or transmit communications to and from a satellite.

“School” shall mean an institution of learning for minors, whether public or private, which offers instruction in those courses of study required by the California Education Code or which is maintained pursuant to standards set by the State Board of Education. This definition includes a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of education, but it does not include a vocational or professional institution of higher education, including a community or junior college, college, or university.

“Screening” shall mean the method by which a view of one (1) site from another adjacent site is shielded, concealed, or hidden. Screening techniques include fences, walls, hedges, berms, or other features.

“Secondhand store” shall mean any premises used for the sale or handling of used goods. “Secondhand store” includes establishments for the sale or trade of used clothing, furniture, and appliances. “Secondhand store” does not include establishments selling used jewelry, old coins, stamps, or antiques.

“Setback” shall mean the minimum horizontal distance between the lot or property line and the nearest front, side, street side, or rear line of the building or structure (as the case may be), including balconies, terraces, or any covered building projection thereof, excluding steps.

“Shopping center” shall mean a grouping of retail businesses and service uses, located within a building or a group of buildings, oriented or arranged on one (1) or more parcels, sharing common parking and vehicle and pedestrian circulation amenities.

“Sign” shall mean a structure or device designed for the purpose of conveying information or attracting the attention of the public. See Article 5 of Chapter 9-2 TMC, Signs, for further reference.

“Site plan” shall mean a plan, to scale, showing all of the existing and proposed buildings and structures for a lot, and may require building elevations, floor plans, landscaping, and/or fencing details depending upon the nature of the proposed development.

“Specific plan” shall mean a plan consisting of text, maps, and other documents and exhibits regulating development within a defined area of the City, consistent with the General Plan and the provisions of Government Code Section 65450 et seq.

“Speculative building” shall mean a permanent structure for which the specified use or uses are not known at the time application is made for building construction permits.

“Stacking line” shall mean an area for temporary waiting of motor vehicles while obtaining a service or other activity.

“Story” shall mean that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, the space between such floor and the ceiling above it. A basement shall be counted as a story if its ceiling is over six (6') feet above the average level of the finished grade adjoining the exterior walls of such story, or if it is used for business or dwelling purposes.

“Street” shall mean a public or private right-of-way, usually for vehicular travel, which provides a primary means of access to abutting property. The term shall include, but not be limited to, avenue, drive, circle, road, parkway, boulevard, highway, throughway, or any similar term.

“Structural alteration” shall mean any change in the supporting members of a building or structure such as bearing walls, columns, beams, girders, or rafters.

“Structure” shall mean anything constructed or erected which requires location on the ground, including, but not limited to, a building or a swimming pool, but not including fences or walls eighty-four (84") inches or less in height.

“Supportive housing” shall mean housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community, as defined in California Health and Safety Code 50675.14.

“Swimming pools, hot tubs, and spas” shall mean an accessory structure intended for swimming or recreational bathing that contains water over eighteen (18") inches deep. This includes in-ground, above- ground, and on-ground swimming pools, hot tubs, and spas.

“Temporary use” shall mean any use conducted on an intermittent or one-time basis for a specified period, not intended to become permanent. Such use shall not necessarily be listed as a permitted use in a zoning district in which it is located.

“Transfer station” shall mean a facility where waste and refuse materials are collected, unloaded, pumped, packaged, temporarily stored, and loaded for transfer to a landfill or processing facility designated to ultimately receive such materials.

“Transitional housing” shall mean buildings configured as rental housing developments, but operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months, as defined in California Health and Safety Code Section 50675.2.

“Truck terminal” shall mean a facility for the loading and/or unloading of fuel, food products, materials or freight merchandise on trucks. Truck terminals may include related fueling facilities, traffic routing offices, temporary truck storage areas, restaurants, wash racks, minor repair facilities, and related business offices and motels.

“Truck yard” shall mean a facility used exclusively for breaking down and assembling tractor-trailer transport vehicles, or for the parking of heavy vehicles for short periods of time. “Truck yard” does not include facilities for the loading and unloading of shipments to or from an individual business.

“Turlock General Plan” shall mean the long-range and comprehensive plan for orderly growth and development of Turlock, including text, maps, and amendments, adopted by the Turlock City Council in accordance with the laws of the State of California. Also referred to as the “General Plan.”

“Use” shall mean the purpose for which land or a building is occupied, arranged, designed, or intended, or for which either land or building is or may be occupied or maintained. “Use” also means the activity conducted on the land or in the building.

Utilities.

(a) “Major” shall mean generating plants, electrical substations, above-ground electrical transmission lines, switching buildings, refuse collection, processing, recycling or disposal facilities, water reservoirs, flood control or drainage facilities, water or wastewater treatment plants, transportation or communication facilities, and similar facilities of public agencies or public utilities not exempt by State law. A structure that may have a significant effect on surrounding uses shall be regulated under this classification.

(b) “Minor” shall mean utility facilities that are necessary to support legally established uses and involve only minor structures such as electrical distribution lines and underground water and sewer lines not exempt by State law.

“Variance” shall mean a permit which grants a property owner relief from development standards to the zoning regulations of this Code when, because of a particular physical or topographical condition of the property, compliance would result in undue hardship on the owner (as distinguished from a mere inconvenience or desire to make more money).

“Vehicle, abandoned” shall mean any dismantled or partially dismantled vehicle which requires major repairs to render it operable and which has remained within a public street in excess of seventy-two (72) hours.

“Vehicle, disassembled” shall mean a vehicle without hoods, doors, fenders, or body panels, headlights, trunk lid, tires, wheels, windows, engine, or transmission when such items are normally part of a vehicle.

“Vehicle, dismantling and wrecking” shall mean a facility or business that involves the dismantling or wrecking of used motor vehicles or trailers, which may or may not include the sale of reclaimed parts.

“Vehicle, inoperable” shall mean any vehicle rendered inoperable or lacking valid registration.

“Vocational school” shall mean a commercial land use that involves the instruction to students of special skills, knowledge, or techniques that are generally related to furthering a specific vocation or professional

occupation. Vocational schools would include trade schools, business schools, cosmetology schools, and schools for self-improvement.

“Warehouse, limited” shall mean a building primarily devoted to the storage of materials, but may also include office and maintenance areas, and not usually accessible to the general public and shall have a limited number of truck trips per day.

“Warehouse, wholesale distribution” shall mean a building or group of buildings used for storage and distribution of wholesale goods without direct public access.

“Xeriscape” shall mean landscaping design utilizing plants which flourish and are adapted for dry, hot climates.

“Yard” shall mean an open space on the same site as a structure, unoccupied and unobstructed by structures or parking from the ground upward except as otherwise provided for in this title for landscaping and accessory structures, that includes a front yard, side yard, street side yard, or rear yard. The classifications of yards are:

(a) “Front” shall mean the area between the front lot line and the required front setback line extending across the entire width of the lot.

(b) “Rear” shall mean the area between the rear lot line and the principal building which extends across the full width of the lot and measured perpendicular to the building at its closest point to the rear lot line.

(c) “Side” shall mean the area between the front yard and the rear yard between the principal building and the side lot line, measured perpendicular from the side lot line to the closest point of the principal building.

(d) “Street side” shall mean a side yard on the street side of a corner lot which is not a front yard, measured perpendicular from the street side lot line to the closest point of the principal building. A corner lot abutting two

(2) streets may not have more than one (1) street side

yard.

“Zone” or “zoning district” shall mean a section of the City described in the text of the zoning regulations of this Code and delineated on the zoning maps of the City. The text sets forth the requirements for the use of the land as well as improvements and development standards.

SECTION 4. AMENDMENT: Chapter Index for Title 9, Chapter 2 is hereby amended to read as follows:

9-2-110 Family day care home.

9-2-111 Mobile home development. 9-2-112 Outdoor storage.

9-2-113 Planned developments.

9-2-114 Permitted locations of mobile homes, recreational vehicles, and campers. 9-2-115 Recycling and solid waste disposal regulations.

9-2-116 Recycling facilities.

9-2-117 Salvage and wrecking operations.

9-2-118 Screening of mechanical equipment. 9-2-119 Second dwelling units.

9-2-120 Underground utilities.

9-2-121 Neighborhood stores. 9-2-122 Rental storage facility.

9-2-123 Equipment sales, service, and rentals. 9-2-124 Mobile food facilities.

9-2-125 Cargo containers.

9-2-126 Electrified fences.

9-2-127 Drive-through facilities.

Article 2. Off-Street Parking and Loading Regulations

9-2-201 Specific purposes.

9-2-202 Application of provisions to uses.

9-2-203 Off-street parking required: Availability and maintenance. 9-2-204 Off-street parking: Reconstructed buildings.

9-2-205 Off-street parking for existing buildings and uses. 9-2-206 Off-street parking: Location.

9-2-207 Parking in the R districts.

9-2-208 Border barricades, screening, and landscaping. 9-2-209 Off-street parking: Spaces required.

9-2-210 Parking spaces for people with disabilities. 9-2-211 Bicycle parking.

9-2-212 Off-street parking districts.

9-2-213 Parking configuration and aisle dimensions. 9-2-214 Parking lot design standards.

9-2-215 Driveway and corner visibility. 9-2-216 Parking lot landscaping.

9-2-217 Parking access from street.

9-2-218 Location and design of off-street loading spaces. 9-2-219 Parking area plan required.

Article 3. Noise Standards

9-2-301 Specific purposesLegislative findings. 9-2-302 Definitions.

9-2-303 General noise regulations. 9-2-304 Preliminary action.

9-2-305 Factors of determination.

9-2-306 Noise measurement procedure. 9-2-307 Noise limits.

9-2-308 Maximum permissible sound levels by receiving land uses. 9-2-309 Prohibited acts.

9-2-310 Emergency exemptions.

9-2-311 Miscellaneous exemptions.

9-2-312 Federal and State preempted activities. 9-2-313 Special variances.

9-2-314 Variance from time to comply. 9-2-315 Appeals.

Article 4. Nonconforming Structures and Uses

9-2-401 Specific purposes.

9-2-402 Nonconforming uses.

9-2-403 Nonconforming structures.

9-2-404 Loss of nonconforming status. 9-2-405 Discontinuance.

9-2-406 Replacement and repairs due to damage. 9-2-407 Repairs and maintenance.

9-2-408 Exceptions to provisions.

Article 5. Signs

9-2-501 Purpose.

9-2-502 Interpretation.

9-2-503 Definitions.

9-2-504 Permits required.

9-2-505 Sign classifications.

9-2-506 Sign standards.

9-2-507 Nonconforming signage.

9-2-508 Unsafe and unlawful signs.

9-2-509 Compliance with article provisions: Nuisances: Abatement. 9-2-510 Noncompliance.

9-2-511 Removal, costs, and enforcement. 9-2-512 Appeals by persons aggrieved.

Article 6. Wireless Communication Facilities

9-2-601 Purpose.

9-2-602 Definitions.

9-2-603 Compliance with applicable codes. 9-2-604 Permits requirementsd.

9-2-605 Application requirements.

9-2-606 Height.

9-2-607 Location.Setbacks.

9-2-608 Residential (R) districts.

9-2-6098 Visual compatibility and screening. 9-2-61009 Discontinuance of use.

SECTION 5. AMENDMENT: Title 9, Chapter 2, Article 1, Section 05 is hereby amended to read as follows:

9-2-105 Building projections into yards.

Buildings, except accessory buildings or structures, may project into the required yards as follows:

(a) Fireplaces or chimneys. Two and one-half (2.5') feet.

(b) Terraces, platforms, decks, and subterranean garages. Six (6') feet into a front or rear yard and two (2') feet into a side yard. The length of any projection exceeding twenty-five (25%) percent of the building length for that area may be allowed only upon approval of a minor variance as defined in Article 4 of Chapter 9-5 TMC.

(c) Cornices, eaves, canopies, awnings, and ornamental features. Two and one-half (2.5') feet.

(d) Balconies and protruding windows. Five (5') feet into a front or rear yard and two (2') feet into a side yard, when constructed at least two (2') feet above grade.

(e) Stairs. Two and one-half (2.5') feet into a side yard and three (3') feet into a rear yard.

(f) Attached patio covers. In residential districts, five (5’) feet into the required rear yard when the overall height of the patio cover structure is no greater than fifteen (15’) feet measured from the grade of the attached dwelling unit to the highest point of the patio cover structure. The length of the patio cover structure that runs parallel to the rear property line and encroaches into the rear yard shall not exceed one-third (1/3) of the width of the parcel. This exception applies only to patio covers attached to a dwelling unit.

(g) Attached air conditioners, heating units, and other similar equipment accessory to a dwelling unit. In residential districts, two and one-half (2.5’) feet into the side yard and five (5’) feet into a rear yard when the maximum height of the equipment does not exceed seven (7’) feet. An acoustical analysis demonstrating compliance with TMC 9-2-300ART (Noise Standards) shall be required prior to the issuance of a building permit.

(hf) Minimum setback and other limitations. Building projections shall not encroach any closer than five (5') feet to a rear or front property line. At no time shall any portion of a building be allowed to project or extend into or over any required easement area.

SECTION 6. AMENDMENT: Title 9, Chapter 2, Article 1, Section 08, Subsection (a) is hereby amended to read as follows:

9-2-108 Exceptions to height limits.

(a) In any R district.

(1) Spires, cupolas, chimneys, radio and television antennas, and similar accessory structures shall be subject to setback regulations for the zoning district in which they are located. When such structure complies with the other development regulations stated for the zoning district and which do not exceed the district height limit by more than twenty-five (25%) percent of the district height limit or fifty (50') feet, whichever is greater, may be allowed upon obtaining an

approved minor administrative approval (MAA) as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

(2) Towers, water tanks, flagpoles, and other necessary mechanical appurtenances covering not more than ten (10%) percent of the ground area covered by the structure to which they are accessory may be permitted provided they do not exceed the district height limit by more than twenty-five percent (25%) or fifty (50') feet, whichever is greater, upon obtaining an approved Minor Administrative Approval (MAA) as set forth in Article 3 of Chapter 9-5: Minor Administrative and Minor Discretionary Permits.

(3) Any structure in an R district exceeding the district height limit by twenty-five (25%) percent of the district height limit or fifty (50') feet, whichever is greater, may be permitted only upon approval of a conditional use permit by the Planning Commission.

SECTION 7. AMENDMENT: Title 9, Chapter 2, Article 1, Section 09 is hereby amended to read as follows:

9-2-109 Landscaping and irrigation.

The following City of Turlock landscape and irrigation ordinance shall be used in conjunction with the State of California Water Efficient Landscape Ordinance enacted pursuant to California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance. The City shall implement the ordinance and shall maintain an adapted version of the State ordinance for public distribution.

(a) Purpose and intent. The purpose and intent of this section is to establish landscaping regulations that are intended to:

(1) Enhance the aesthetic appearance of development in all areas of the City by providing standards relating to quality, quantity, and functional aspects of landscaping and landscape screening.

(2) Increase compatibility between residential and abutting commercial and industrial uses.

(3) Reduce the heat and glare generated by development.

(4) Establish a water conservation plan to reduce water consumption in the landscape environment using conservation principles.

(5) Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.

(6) Encourage the incorporation of Low Impact Development Design Standards for storm water retention and treatment within the landscape areas.

(b) Applicability. All development in the City shall comply with the provisions of this section which establishes the criteria for the preparation of landscape and irrigation plans required by this ordinance. All required landscaping shall be installed by the developer and approved by the Planning Division prior to the occupancy of any building, unless other arrangements are agreed to by the Director. Landscaping installed by a developer or public agency within the public right-of-way shall be reviewed by the Planning Division and the Department of Parks, Recreation, and Public Facility Maintenance prior to the issuance of an encroachment or grading permit. In residential areas, developer- installed front yard landscaping shall be installed prior to final occupancy. In residential areas, owner- installed front yard landscaping shall be installed prior to final occupancy unless a deferral agreement has been entered into with the City and recorded on the property. Public agency and private development projects are subject to the requirements of this section.

(1) Applicable projects. The following shall be subject to the provisions of this section:

(i) New construction and rehabilitated landscapes for public agency projects and private development projects requiring a discretionary land use permit, such as, but not limited to, minor administrative approvals, minor discretionary permits, design review, conditional use permits, or a planned development;

(ii) New construction and rehabilitated landscapes for public agency projects and private development projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building and/or grading permit; New construction projects with an aggregate landscape area equal to or greater than five hundred (500) square feet requiring a building permit, encroachment, and/or grading permit;

(iii) New construction and rehabilitated landscapes which are developer-installed in single- family and multifamily projects with a landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building and/or grading permit;Rehabilitated landscape projects with an aggregate landscape area equal to or

greater than two thousand, five hundred (2,500) square feet requiring a building permit, encroachment, and/or grading permit; or

(iv) New construction landscapes which are homeowner-provided and/or homeowner- hired in single-family and multifamily residential projects with a total project landscape area equal to or greater than five thousand (5,000) square feet requiring a building and/or grading permit; or

(iv) Any other projects that are determined to be applicable projects pursuant to the State of California Model Water Efficient Landscape Ordinance (California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance) or Office of the Governor Executive Orders, as may be amended from time to time.

(2) Exempt projects. This ordinance does not apply to:

(i) Interior remodels, tenant improvements, and demolitions;

(ii) Changes of use to any existing building that does not require a discretionary permit; and

(iii) Routine maintenance of existing landscaping.

(c) Statutory authority in case of conflicting provisions. Nothing in this section shall be deemed to affect, annul, or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this section.

(d) Water conservation definition. “Water conservation” shall mean a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low water using plants, nonliving ground cover, a low percentage of turf coverage, permeable paving, and water conserving irrigation techniques and systems in accordance with the State of California Model Water Efficient Landscape Ordinance (California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance) or Office of the Governor Executive Orders, as may be amended from time to time.

(e) Process. The Development Services Director shall establish a format for plans and any other procedural guidelines for submittal as deemed necessary.

(1) Plans required. Plans for the development of required landscaping shall be submitted to the Engineering Services Division or the Building and Safety Division for review and approval prior to the issuance of any building permit. (The plan shall be prepared by a person authorized by the State of California to sign and stamp landscape design drawings or the contractor completing the work.) Where special conditions of design warrant, modifications may be submitted for consideration.

(2) Plan review and approval. The Development Services Department shall review each project and proposed landscape plan for compliance with the landscape and water conservation requirements.

(3) Alternative means of compliance. The Development Services Director may allow alternative means of complying with the requirements in this section provided the alternative achieves results comparable to those achieved through strict application of the provisions of this section.

(f) Development standards.

(1) Required. In the following designated districts, not less than the stipulated percent of gross site area shall be landscaped in accordance with this section:

(a) In multiple-family developments of twelve (12) or more dwelling units, ten (10%) percent of the total building site shall be set aside and landscaped for the purposes of common recreational open space. Such ten (10%) percent may be included in the general landscaping requirements.

(b) This requirement may be waived by the Development Services Director for remodeling, alterations, or renovations to existing buildings and developments on parcels or building sites where an existing building occupies a substantial portion of the site. and there are no front yard or corner street side yard setback areas.

(c) In commercial and industrial districts, where a lot larger than ten thousand (10,000) square feet is to be developed in phases, the Development Services Director may determine that only the developed portion of the site need be landscaped. Provision shall be made, however, to insure that the landscape requirement can still be met upon full development of the site. This exception shall not apply to any setback along a public street which shall be landscaped upon the initial development of the site. Unlandscaped areas shall be continuously maintained free of weeds, litter, and debris, and shall not become a source of nuisance to adjoining property.

(d) A required “landscape strip” (per the City General Plan “Typical Street Elements and Widths”) abutting the front or corner side yard may be counted toward the landscaping requirement when maintained by the private property owner. Commercial districts shall maintain a minimum landscaped building setback of ten (10') feet from the back of the public sidewalk when the lot is adjacent to a public street, except as otherwise provided in an applicable specific or master plan.

(2) Determination of landscaped areas. In determining landscaped areas, landscaped areas in the setback, private patios, and all other areas not occupied by buildings, parking lots, vehicle storage areas, and driveways shall be included. Areas occupied by clubhouses, recreation buildings, pools, saunas, inter-walkways, and similar amenities may be included as landscaped areas. Planned landscaping areas within the public right-of-way may be included in the landscaped area provided the landscaped area is maintained as part of the property and abuts landscaped area located on the property. In industrial zoning districts, areas planted along a

public right-of-way shall qualify as one and one-half (1-1/2) times the area toward the overall required landscaping area. Planned landscaping areas within the public right-of-way may be included in the landscaped area provided the landscaped area is maintained as part of the property and abuts landscaped area located on the property.

(3) Landscape materials and placement. All landscape areas shall demonstrate a recognizable pattern or theme for the overall development. To accomplish this, new landscaping and landscape areas shall conform to the following:

(i) Plant materials shall be selected for maintenance efficiency, drought tolerance and adaptability, and relationship to Turlock’s environment and climate. Trees and shrubs in reasonable numbers shall be used in the landscape design; ground cover alone shall not be acceptable. No one (1) species of plant shall exceed twenty (20%) percent of the plant material. Landscaped areas shall incorporate a minimum of two (2) of the following plantings: (1) grasses and ground covers, (2) shrubs, and (3) trees.

(ii) In all C and I districtsFor all commercial, industrial and multi-family projects, plant materials shall be sized and spaced to achieve immediate effect and shall normally not be less than twenty-four (24") inch box for parking lot shade trees, fifteen (15) gallon container for trees, five (5) gallon container for shrubs, and a one (1) gallon container for mass planting. Non-turf areas, such as shrub beds, shall be top dressed with a bark chip mulch or approved alternative.

(iii) Turf shall be limited to twenty-five (25%) percent of the total landscaped area in all C and I districts. In residential districts turf shall not exceed fifty (50%) percent of the total landscaped area.

(aa) “Permeable paving” shall mean a paving material that permits water penetration to a soil depth of eighteen (18") inches or more, including nonporous surface material poured or laid in sections not exceeding one (1) square foot in area and collectively comprising less than two-thirds (2/3) of the total surface area of the lot and loosely laid materials such as crushed stone or gravel.

(ab) “Hardscape” shall mean areas covered with nonpermeable paving, including buildings and other structures, parking lots, driveways, and walkways.

(4) Landscape irrigation. Provisions shall be made for a permanent “in place” irrigation system to all landscaped areas required herein, including street tree wells. All new irrigation systems shall use Xeriscape principles including such techniques and materials as low precipitation sprinkler heads, bubblers, drip irrigation systems, timing devices, and moisture sensors. All irrigation systems must be designed to minimize overspray onto impervious surfaces, such as building, sidewalks, parking areas, etc., through the use of such techniques as low-trajectory spray nozzles or underground low volume applicators. All irrigation system controllers shall be set in compliance with the day and hour watering requirements of the City of Turlock and shall be designed to minimize water use by installing automatic systems such as multi-start controllers and soil moisture sensors.

(5) Site preparation and installation.

(i) Prior to the planting of any materials, the compacted soils surrounding a building site will be returned to a friable condition. Friable condition shall mean returning the soil to an easily crumbled or loosely compacted condition down to a minimum depth per planting material requirements, whereby the root structure of newly planted material will be allowed to spread unimpeded. The soil must be returned to a friable condition to a minimum depth as required for the planting material.

(ii) Trees should be adequate in trunk diameter to support the top area of the tree. Trees planted in landscaped less than ten (10') feet in diameter shall be planted using a deep root planter in accordance with the adopted Turlock Standards, Specifications and Drawings. Trees, shrubs, and vines should have body and fullness that is typical of the species.

(iii) All ground cover should be healthy, densely foliated, and well rooted cuttings, or one

(1) gallon container plants.

(iv) The spacing of trees and shrubs should be appropriate to the species used. The plant materials should be spaced so that they do not interfere with the adequate lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Proper spacing should also insure unobstructed access for vehicles and pedestrians in addition to providing clear vision of the intersections from approaching vehicles. Plant material should conform to the following spacing standards:

(aa) A minimum of twenty-five (25') feet from the property corner at a street intersection to the center of the first tree or large shrub.

(ab) A minimum of fifteen (15') feet between center of trees and large shrubs to light standards.

(ac) A minimum of fifteen (15') feet between center of trees or large shrubs and fire hydrants.

(ad) A minimum of fifteen (15') feet from the intersection of a driveway with a street right-of-way to the center of any tree having a diameter larger than eighteen (18") inches at maturity or large shrub.

(6) Protective barrier. All planting areas abutting a paved or concrete surface shall be protected with raised concrete curbs. All planting areas abutting undeveloped areas shall be protected by either a raised concrete or timber barrier. Openings shall be allowed in the barrier to allow storm water run-off to enter landscaped areas.

(7) Maintenance. Required planting areas shall be permanently maintained. As used in this section, “maintained” includes: watering, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.

(8) Parking lot landscaping. Parking lots and parking structures shall be landscaped in accordance with Article 2 of this chapter.

(9) Landscaping in rights-of-way. All land area within the public right-of-way adjoining all sides of any parcel or building site that is not otherwise covered with a building, structure, paving, or similar impervious surface shall be landscaped and maintained in conjunction with the landscaping installed on the adjoining property as regulated in this section. Planned Llandscaping within the public right-of-way shall not may be used toward used when determining the required percentage of landscaping as required in this article provided the landscaped area is maintained as part of the property and abuts landscaped area located on the property.

(i) Design. The design of the landscaping of the public right-of-way shall be included in the landscape plan and meet the requirements set forth in this section. Adequate space shall

be provided in the landscape area to allow free, unrestricted growth and development of the landscaping and street trees.

(ii) Street trees. Street trees shall be planted in accordance with the Theme Street List or as otherwise set forth in Article 5 of Chapter 7-7 TMC relating to street trees and in accordance with the street tree planting standards as established by the City Engineer.

(10) Driveway and corner visibility. All landscaping material shall be maintained in accordance with the provisions of TMC 9-2-215: Driveway and corner visibility.

(11) Landscaping along walls. All solid walls over three (3') feet in height that are adjacent to public streets or rights-of-way shall comply with one (1) of the following:

(i) Be fully landscaped with vines and/or other plant materials to prevent the placement of graffiti. All landscaping shall include the installation of a permanent irrigation system.

(ii) If not landscaped, shall be constructed of split-face concrete, brick, or some other type of material that will discourage the placement of graffiti.

(12) Landscape screening of R properties. Where a commercial or industrial site adjoins an R district, screening which is at least seventy-five (75%) percent opaque shall be provided. Where fences are required, such fencing shall be landscaped as appropriate.

(13) Landscape screening of above-ground equipment. An average three (3') foot high continuous screen shall be provided for all above-ground equipment and utilities greater than two (2') feet in height.

(14) Model homes. For all single-family residential developments, front yard landscaping shall be installed by the developer in all model homes. To promote landscape water conservation through education, the front yard landscaping shall To promote landscape water conservation through education, all single-family residential developments with more than two (2) model homes to be constructed by a developer shall provide for landscaping the modelsconsist entirely with of water savingwater conservation landscaping and irrigation in accordance withmeeting the following requirements:

(i) Plant Materials. Each “water saving” model home to be landscaped shall contain exclusively low water use plant materials as identified on a suggested planting list

available from the Development Services Department or approved by the Development Services Director.

(ii) Irrigation System. Each “water saving” model home shall contain exclusively an irrigation system that provides a high efficiency in water application according to site conditions. (Drip or trickle may not be used in turf areas.)

(iii) Signs. Each development with “water saving” model homes shall provide the following information to potential buyers:

(aa) Front Yard Sign. A four (4) square foot sign shall be located in the front yard of each “water saving” model home such that it is clearly visible to buyers. The sign shall indicate that the model home features a water savingwater conservation landscape and irrigation design and shall comply with the State of California Model Water Efficient Landscape Ordinance.

(ab) Interior Display. A drawing, or combination of drawings, shall be displayed inside each “water saving” model home or the sales office which provides a schematic of the landscape. These drawings shall include a key identifying the common name of the plants used in the “water saving” model home yards. A brochure with the same information shallmay be distributed with the sales information to potential buyers to satisfy this requirement.

(iv) Literature. Additional literature describing water conserving conservation landscaping and irrigation shall also be made available to the potential buyer and displayed. The literature shall include information about designing, installing, managing and maintaining water conservation landscapes.

(15) Landscaping along Highway 99. Wherever property abuts Highway 99, a minimum ten (10') foot deep landscaped bed shall be installed. In cases where the property is part of an approved master or specific plan, the plan document takes precedence over the standards contained in this landscape ordinance. In all cases, the landscaped bed shall include a combination of trees, shrubs, and groundcover.

SECTION 8. AMENDMENT: Title 9, Chapter 2, Article 1, Section 13, Subsection (h) is hereby amended to read as follows:

9-2-113 Planned developments.

(h) Amendments to planned developments. Amendments to an approved planned development shall be authorized as follows:

(1) Amendments involving minor site plan modifications, no expansions, and/or no changes in use shall be reviewed by the Development Services Director.

(2) Amendments involving major site modifications, expansions of up to twenty-five (25%) percent of gross land area or floor area, changes in use resulting in equal or lesser intensity than previously approved, time extensions, and/or a change in conditions from a conditional use permit approved by the Planning Commission pursuant to Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

(3) Amendments involving expansions that are greater than twenty-five (25%) percent of gross land area or floor area, changes in use resulting in greater intensity than previously approved, and changes that will result in a significant impact upon adjacent properties shall be reviewed by the City Council, upon a recommendation of a conditional use permit by the Planning Commission, pursuant to Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).

SECTION 9. AMENDMENT: Title 9, Chapter 2, Article 1, Section 14 is hereby amended to read as follows:

9-2-114 Permitted locations of mobile homes, recreational vehicles, and campers.

(a) For the purposes of this section, unless otherwise apparent from the context, the following words and phrases are defined as follows:

(1) “Utility trailer” shall mean and include a vehicle without motive power, not exceeding twenty (20') feet in length, eight (8') feet in width, and thirteen and one-half (13-1/2') feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner’s residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle.

(2) “Boat” shall mean a vehicle for traveling in or on water, not exceeding forty (40') feet in body length, eight (8') feet in width, or thirteen and one-half (13-1/2') feet in overall height. The

height shall include the trailer if the boat is mounted on a trailer. A vehicle meeting this definition, except for size, shall not be deemed to be incidental to a dwelling unit and not permitted to park in residential areas except as allowed herein.

(b) Mobile homes: Permitted locations. A mobile home is permitted to be placed, kept, maintained, or occupied within the City in the following areas or locations:

(1) Within all residential areas of the City: only within a recognized mobile home development.

(2) Within all nonresidential areas of the City: only within a mobile home park or trailer park, except for accessory storage, sale, or business uses as permitted in such zone.

(bc) Recreational vehicles, utility trailers, boats, and boat trailers: Permitted locations. A recreational vehicle, utility trailer, or boat and boat trailer is permitted to be placed, kept, or maintained within the City in the following areas or locations:

(1) In all residential zones.

(i) Parking is permitted inside any enclosed accessory structure or carport, which structure otherwise conforms to the zoning requirements of the particular R zone where located.

(ii) Parking shall take place upon a paved driveway or pad designed and installed for such intended use that complies with the requirements, restrictions, and conditions constructed in accordance with TMC 9-2-207, Parking in the R districts.

(iii) Parking is permitted outside in the interior side yard or rear yard provided it is not closer than four (4') feet to any parcel line or lot line and does not block the only window that can be opened or door of a room used for human habitation. Recreational vehicles, utility trailers, boats, boat trailers, and campers under seven (7') feet in height are not subject to this limitation when they are not located in the front yard and are screened by a solid fence seven (7') feet in height.

(iv) Parking is permitted within the front yard or corner side yard only when the following conditions exist:

(aa) Space is not available in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard (a corner lot is always deemed to have

reasonable access to the rear yard and a fence is not necessarily deemed to prevent reasonable access); or

(ab) Interior parking is not possible anywhere on the property.

(ac) In such cases, the following regulations shall govern the front or corner side yard parking of such a vehicular unit:

1. No part of the unit shall impede safe pedestrian circulation on the public sidewalk or public thoroughfare (right-of-way) or block corner visibility for pedestrians or motorists; and

2. The unit shall be owned by the resident on whose property the unit is parked for storage; and

3. The unit shall be no closer than two and one-half (2.5') feet to any parcel line or lot line.

(2) In all nonresidential areas.

(i) Only within an existing mobile home or travel trailer park development, except for commercial storage, sale, or business uses, as permitted in such nonresidential zone.

(cd) Recreational vehicles, boat, and boat trailers: Temporary occupancy, uses, or parking. The temporary occupancy, use, or parking of any recreational vehicle, boat, and boat trailer beyond that described above shall only be permitted in the City as described below:

(1) Temporary overnight sleeping is permitted within a recreational vehicle on property in a residential area for a maximum of fourteen (14) days in any one (1) calendar year provided, however, cooking shall not be permitted at any time. Any temporary occupancy of a utility trailer is prohibited at all times.

(2) Any temporary connections to electrical utilities or water service for such units is permitted only for charging batteries and water tanks for a period not to exceed forty-eight (48)seventy- two (72) hours or other incidental or temporary uses as permitted herein. Any permanent connections to sewer lines, water lines, or electricity is prohibited.

(3) The temporary parking for such a unit anywhere on the premises is permitted during active loading or unloading, including the temporary use of electricity or propane fuel, when it is necessary to prepare such a unit for a temporary recreational use, but not to exceed forty- eightseventy-two (4872) hours.

(de) Owner permission required. Notwithstanding the provisions of subsection (c) of this section, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any mobile home, recreational vehicle, utility trailer, boat or boat trailer, or camper upon any lot, piece, parcel of land, or upon any street, highway or other public right-of-way without the permission of the private property owner or prior written permission of the public entity.

(ef) Occupancy on public streets, alleys, or rights-of-way prohibited. It shall be unlawful for any person to occupy, or permit to be occupied, for dwelling purposes any mobile home, recreational vehicle, travel trailer, camp car, or camper upon any street, highway, or other public right-of-way without the prior written permission of the Chief of Police, or his or her designee.

SECTION 10. AMENDMENT: Title 9, Chapter 2, Article 1, Section 15, Subsection (c) is hereby amended to read as follows:

9-2-115 Recycling and solid waste disposal regulations.

(c) New development regulations.

(1) Materials, construction, design, and location.

(i) The enclosure shall comply with the City of Turlock Standards and Specifications for construction and materials.

(ii) Each recycling and trash enclosure shall be designed to allow walk-in access without having to open the main enclosure gate.

(iii) The property owner shall supply and maintain adequate bins and containers for recycling and waste disposal.

(iv) Whenever feasible, the recycling collection area and the trash collection area shall be adjacent to one another and in one (1) enclosure.

(v) Whenever feasible, the recycling or trash enclosure shall be located to minimize visual impacts on adjacent uses, public parks, and public right-of-way, and to reduce noise and

odor impacts on adjacent residential areas, public parks, and other sensitive receptors as defined by the San Joaquin Valley Air District.

(2) Landscaping. A two (2') foot perimeter surrounding each recycling and trash enclosure, exclusive of access to the enclosure, shall be planted with landscaping and vines to discourage graffiti.

(3) Setbacks. No recycling or trash enclosures shall be located in any front or corner side yard. When located on a property in a R District or on a property abutting a R District, a minimum setback shall be provided as follows: front yard and corner side yard: fifteen (15’) feet; rear yard: fifteen (15’) feet; side yard: ten (10’) feet.

(4) Deviation from standards. The Development Services Director may permit deviations from these standards, when the application of these standards prevents development of the parcel, upon approval of a minor administrative approval in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

SECTION 11. AMENDMENT: Title 9, Chapter 2, Article 1, Section 20 is hereby amended to read as follows:

9-2-120 Underground utilities.

All electrical, gas, telephone, cable television, and similar distribution lines, including existing distribution lines, providing immediate service to a development site shall be installed underground within the site, except:

(a) Above-ground installation shall be allowed in agriculture districts; or

(b) The Development Services Director may waive the undergrounding requirement if it can be demonstrated to the Director that site conditions make underground placement impractical.

(a) New utility lines. Underground installation is required of all new electrical, gas, telephone, cable television, and similar utility lines.

(b) Existing overhead lines. Underground installation is required of all existing overhead electrical, gas, telephone, cable television, and similar utility lines which:

(1) Provide direct service to the property(ies) being developed.

(2) Are located within the boundaries of the property(ies) being developed.

(3) Are located between the property line and the centerline of the adjacent street of the property(ies) being developed.

(4) Are located along or within six (6’) feet of the front property line of the property(ies) being developed.

(5) Are installed in conjunction with a roadway widening requiring the reconstruction or relocation of existing lines.

(c) Exceptions. This section shall not apply to the following types of facilities:

(1) Facilities which are installed and maintained for a period not to exceed thirty (30) days to provide emergency service.

(2) Temporary utility facilities used in conjunction with a construction project with an active building permit.

(3) Temporary uses approved pursuant to TMC 9-2-124 (Mobile food facilities) or TMC 9-5- 503 (Temporary Uses of Land – Approval) when above-ground installation is allowed by the permit.

(4) Utility facilities that are prohibited to be undergrounded by the rules and regulations of the California Public Utility Commission.

(5) Utility lines providing overhead service lines to adjacent lots requiring modification or undergrounding on a property not controlled by the developer.

(6) Electrical transmission lines (69kV and above).

(d) Waivers. The requirement to underground utilities pursuant to this section may be waived by the City Engineer upon a written determination that one or more of the following conditions exist:

(1) Off-site lines are not required to be undergrounded and boring from the opposite side of the street or other public right-of-way is required.

(2) Undergrounding is infeasible or impractical under the physical conditions of the site.

(3) Undergrounding is infeasible or impractical based upon sound engineering and architectural practices.

(4) The project involves only the remodeling of an existing structure(s) where the relocation or replacement of the main service equipment or line is required and the actual cost of the remodeling does not exceed fifty (50%) percent of the appraised value of all existing structure(s) on the property for tax purposes.

(5) When the length of the line(s) abutting or on the property is less than six hundred (600’) feet in length and the cost of work to underground the line(s) exceeds twenty-five (25%) percent of the overall cost of the project, exclusive of utility undergrounding, as determined by a method established by the City Engineer.

(e) Variances. The Planning Commission shall have the authority to grant a variance to this section in accordance with the procedures outlined in TMC 9-5-613 et seq. when the following additional requirements are met:

(1) Additional finding for approval. In addition to the findings for granting a variance contained in TMC 9-5-616, the Planning Commission shall also establish that the variance is required to allow for the logical and orderly development of the surrounding area.

(2) Deferral agreement required. In granting a variance to this section, the Planning Commission shall require the developer to enter into a deferral agreement with the City to underground utilities by a specific date or upon demand by the City as a condition of approval.

SECTION 12. AMENDMENT: Title 9, Chapter 2, Article 2, Section 03 is hereby amended to read as follows:

9-2-203 Off-street parking required: Availability and maintenance.

Every building erected shall be provided with parking spaces as required by the provisions of this article. Such parking spaces shall be made permanently available and shall be permanently maintained for parking purposes. A paved driveway, driveway approach, and/or drive aisle shall be provided to connect parking spaces to the public street. Such driveways shall comply with the development standards contained in TMC 9- 2-207this article.

SECTION 13. AMENDMENT: Title 9, Chapter 2, Article 2, Section 07, Subsections (d), (e), and (f) are hereby amended to read as follows:

9-2-207 Parking in the R districts.

(d) Front Yyard setback restriction. No required parking shall take place in the front yard setback area of any residence. No parking space(s) required pursuant to TMC 9-2-209 shall take place in a front, corner side, side, or rear yard, except as provided in TMC 9-2-114. When a rear property line abuts a public alley and the parking space(s) is(are) accessed from the public alley, the rear yard restriction may be waived by the Director of Development Services.

(e) Driveways. Driveways shall comply with the following design standards and permitting requirements:

(1) Driveway width. Driveways may range from a minimum of ten (10') feet (for single vehicles) to a maximum of thirty (30') feet (for three (3) vehicles) in width. The width shall be determined based on the number of garage door openings (or the equivalent in covered or open parking areas).

(2) Driveway setback. Driveways may encroach into a required side yard when the closest edge of the driveway is no closer than two and one-half (2-1/2') feet to an interior side property line and the required parking is provided in accordance with this article. The area between the driveway and the property line shall be landscaped.

(32) Additional driveway storage areas. Driveways may be widened up to ten (10') feet) for the purposes identified in TMC 9-2-114 provided the additional storage areas meet the standards and conditions contained in that section.

(43) Ribbon driveways. Ribbon driveways, planted with turf or decomposed granite between the concrete strips, are permitted subject to the City’s Standard Specifications and Drawings.

(54) Circular driveways. Circular driveways with a secondary driveway approach may be permitted for lots with more than sixty-five (65') feet of lot frontage. That portion of the circular driveway that does not lead to the required parking space(s) shall be no greater than ten (10') feet in width. To determine the width and outer edge for a ribbon driveway, the width and outer edge shall be determined using the center line of the ribbon driveway. The closest edge of the circular driveway shall be no closer than two and one-half (2-1/2') feet to an interior side yard property line. The curve radius of the driveway shall be no less than twenty-five (25') feet. At

least twenty-two (22') feet of frontage shall be provided between the inner edges of the two (2) driveway approaches, measured at the curb.

(65) Lot frontage restrictions. All driveways shall be constructed with a driveway approach approved by the Engineering Division. Driveway approach(es) shall not utilize more than forty (40%) percent of the lot frontage.

(76) Front yard coverage. The total paved area for all driveways and other vehicle storage areas shall not utilize more than fifty-five (55%) percent of the area of the front yard area. The front yard area shall be calculated as the area between the property line and the required front yard setback and the two (2) side property lines.

(f) Land use permit required. Prior to constructing a circular driveway or widening a driveway pursuant to subsection (3) of this sectionTMC 9-2-207(e), the property owner shall obtain approval of a minor administrative approval pursuant to Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).

SECTION 14. AMENDMENT: Title 9, Chapter 2, Article 2, Section 11, Subsection (c) is hereby amended to read as follows:

9-2-211 Bicycle parking.

(c) Design Requirements. For each bicycle parking space required, a secure bike rack parking facilities shall be provided to which a user can secure the bicycle. The stationary objectBicycle parking facilities may be consist of either a freestanding bicycle rack or a wall- mounted bracket, provided that it complies with the City of Turlock Standard Specifications and Drawings. Bicycle parking shall be provided in an open areas near the building entrance(s) that allowsproviding public and employee access to the bicycle rackbuilding and shall not interfere with pedestrian or vehicular circulation. When the employee entrance is separated from the public entrance, bicycle parking spaces shall be provided at both access points to the building.

SECTION 15. AMENDMENT: Title 9, Chapter 2, Article 2, Section 14, Subsection (f) is hereby amended to read as follows:

9-2-214 Parking lot design standards.

(f) Raised concrete curbing shall be provided to prevent vehicular encroachment into landscaping. Openings shall be permitted in the curbing to allow storm water runoff to enter the landscaping.

SECTION 16. AMENDMENT: Title 9, Chapter 2, Article 2, Section 16 is hereby amended to read as follows:

9-2-216 Parking lot landscaping.

Parking lots and parking structures shall have interior and perimeter landscaping areas as prescribed by the following:

(a) Parking lots or parking structures adjoining street property lines or public streets shall have a perimeter landscape buffer with a minimum width as follows:

(1) If abutting an expressway: twenty (20') feet.

(2) If abutting an arterial: fifteen (15') feet.

(3) If abutting a collector: fifteen (15') feet. (4) If abutting a local collector: ten (10') feet.

(54) If abutting a local street: five (5') feet.

(b) Vehicle overhangs may encroach a maximum of two (2') feet into landscape areas which are a minimum of ten (10') feet wide.

(c) An average three (3') foot high (minimum of two and one-half (2-1/2') foot feet and maximum of three and one-half (3-1/2') footfeet) continuous screen shall be installed between all parking areas and public streets. A screen shall consist of one (1) or any combination of the following:

(1) Walls. A wall shall consist of concrete, concrete block, stone, brick, tile, or similar type of solid masonry material.

(2) Berms. A berm shall be constructed of earthen materials and it shall be landscaped.

(23) Solid fences. A solid fence shall be constructed of wood, or other materials.

(34) Plant materials. Vegetation, consisting of trees or shrubs.

(d) Interior landscaped areas shall be a minimum of five (5') feet in width and length (minimum of twenty-five

(25) square feet for tree wells), exclusive of curbs.

(e) The end of each row of parking stalls shall be separated from aisleways drive aisles by a landscaped planter or sidewalk.

(f) In all parking lots with a capacity of five (5) parking spaces or more, a minimum of one (1) shade tree for every five (5) spaces shall be provided in landscape islands within the parking lot. Tree spacing shall be such that every designated parking space is within thirty (30') feet of the trunk of a tree. Parking lot trees shall provide a shade canopy covering fifty (50%) percent of the parking spaces within fifteen (15) years.

(g) All planting areas within or abutting a parking lot shall be protected with raised concrete curbs. Openings shall be allowed in the curbing to allow storm water runoff to enter the planting areas.

SECTION 17. AMENDMENT: Article title of Title 9, Chapter 2, Article 3 is hereby amended to read as follows:

Article 3. Noise StandardsRESERVED

SECTION 18. ADDITION: Chapter title of Title 5, Chapter 28 is hereby added to read as follows:

Chapter 5-28 NOISE STANDARDS

SECTION 19. AMENDMENT: Title 9, Chapter 2, Article 03 is hereby amended to read as follows:

9-2-3015-28-101 Specific purposesLegislative findings.

In order to control unnecessary, excessive, and annoying noise and vibration in the City, it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this article. It shall be the policy of the City to maintain quiet in those areas which exhibit low noise levels and to implement programs aimed at reducing noise in those areas within the City where noise levels are above acceptable values.

It isThe City Council finds as follows:

(a) determined that certain Excessive, unnecessary or offensive noise levels and vibrations are detrimental to the public health, welfare, and safety, and are contrary to the public interest; and

(b) Every person in the city is entitled to live in an environment free from excessive, unnecessary or offensive noise levels; and

(c) The establishment of maximum permissible noise levels will further the public health, safety, welfare and peace and quiet of city inhabitants. Therefore, the Council does ordain and declare that creating, maintaining, or causing, or allowing to be created, caused, or maintained, any noise or vibration in a matter prohibited by, or not in conformity with, the provisions of this article is a public nuisance and shall be punishable as such.

5-28-102 Declaration of policy.

To control unnecessary, excessive, and annoying noise and vibration in the City, it is hereby declared to be the policy of the City to prohibit such noise and vibration generated from or by all sources as specified in this article and the Noise Element of the General Plan. Further, it is declared to be the policy of the city that creating, maintaining, or causing, or allowing to be created, caused, or maintained, any noise or vibration in a matter prohibited by, or not in conformity with, the provisions of this article is a public nuisance and shall be punishable as such.

9-2-3025-28-103 Definitions.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

“A- weighted sound level” shall mean the sound level in decibels as measured on a sound level meterthe standard using theA-weighted frequency response of a sound level meter, which de-emphasizes low and high frequency similar to the weighting network weighted to the range of human hearing ear for moderate sounds.. The level so read is designated dB(a) or dBA.

“Ambient noise” shall mean all-encompassing noise associated with a given environment, being usually a composite of sounds from many sources near and far. For the purpose of this article, the ambient noise level is the level obtained when the noise level is averaged over a period of fifteen (15) minutes without the inclusion of noise from isolated identifiable sources, at the location and time of day near that at which a comparison is to be made.

“C- weighted sound level” shall mean the standard C-weighted frequency response of a sound level meter, which de-emphasizes high frequencies of sound in a manner similar to the human ear for relatively loud sounds. The level so read is designated dB(c) or dBC,

“Commercial area” shall mean any commercial area as defined in the General Plan and zoning provisions and designated by a “C” prefix in the zoning provisions and on the zoning map.

“Construction” shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action for or on public or private rights-of-way, structures, utilities, or similar property.

“Cumulative period” shall mean any additive period of time composed of individual time segments which may be continuous or interrupted.

“Decibel” shall mean a unit for measuring the amplitude of a sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty

(20) micropascals.

“Emergency work or action” shall mean work or action made necessary to restore property to a safe condition after a public calamity, or work required to protect persons or property from imminent exposure to danger or damage, or work by public or private utilities to restore utility service.

“Fixed noise source” shall mean a stationary device which creates sounds while fixed or motionless, including, but not limited to, residential, agricultural, industrial, and commercial machinery and equipment, pumps, fans, compressors, air conditioners, and refrigeration equipment.

“Impulsive sound” shall mean sound of short duration, usually less than one (1) second, with an abrupt onset and rapid decay. Examples of sources of impulsive sound include explosions, drop forge impacts, and the discharge of firearms.

“Industrial area” shall mean any industrial area as defined by the General Plan and zoning provisions and designated by an “I” prefix in the zoning provisions and on the zoning map.

“Intrusive noise” shall mean that noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency and time of occurrence, and tonal or informational content, as well as the prevailing ambient noise level.

“Licensed” shall mean the possession of a formal license or a permit issued by the appropriate jurisdictional authority or, where no permits or licenses are issued, the sanctioning of the activity by the jurisdiction as noted in public records.

“Mobile noise source” shall mean any noise source other than a fixed noise source.

“Motor vehicle” shall mean and include any and all self- propelled vehicles as defined in the Vehicle Code of the State of California, including all on highway type motor vehicles subject to registration under said code and all off highway type motor vehicles subject to identification under said code.

“Muffler or sound dissipative device” shall mean a device consisting of a series of chambers or baffle plates, or other mechanical design, for the purpose of receiving exhaust gas from an internal combustion engine and effective in reducing noise.

“Noise Control Officer” shall mean the City of Turlock Code Enforcement Officer or any City of Turlock Police Officer. The Noise Control Officer shall be empowered to enforce the provisions of this article.

“Noise disturbance” shall mean any sound which:

(a) Endangers or injures the safety or health of human beings or animals; or

(b) Annoys or disturbs a reasonable person of normal sensitivities; or

(c) Endangers or injures personal or real property.

“Noise level” shall mean A weighted sound pressure level in decibels obtained by using a sound level meter at slow response with a reference pressure of twenty (20) micropascals. The unit of measurement shall be designated as dBA.

“Noise sensitive zone” shall mean any area so designated for the purpose of ensuring exceptional quiet, for example, a hospital zone, nursing home, or family care home.

“Noise zone” shall mean any defined area or region of a generally consistent land use wherein the ambient noise levels are within a range of five (5) dB.

“Person” shall mean a person, firm, association, partnership, joint venture, corporation, or any entity, public or private in nature.

“Public right-of-way” shall mean any street, avenue, boulevard, highway, sidewalk, alley, or similar place which is owned or controlled by a governmental entity.

“Public space” shall mean any real property, or structure thereon, which is owned or controlled by a governmental entity.

“Pure tone” shall mean any sound which can be judged as audible by the Noise Control Officer as a single pitch or a set of single pitches.

“Real property boundary” shall mean an imaginary line along the ground surface, and its vertical extension, which separates the real property owned by one person from that owned by another person, but not including intra-building real property divisions.

“Residential area” shall mean any residential area as defined in the General Plan and zoning provisions and designated by an “R” prefix in the zoning provisions and on the zoning map.

“Sensitive receptor” shall mean a land use in which there is a reasonable degree of sensitivity to noise. Such uses include, but are not limited to, residences, schools, hospitals, churches, nursing homes, cemeteries, public libraries, motels and hotels, and other sensitive uses as determined by the Noise Control Officer.

“Sound amplifying equipment” shall mean any device for the amplification of the human voice, music, or any other sound, excluding standard automobile radios when used and heard only by the occupants of the vehicle in which the radio is installed, and, as used in this article, warning devices on authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.

“Sound level meter” shall mean an instrument, including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of sound levels, which meets or exceeds the requirements pertinent for type S1A meters in the American National Standards Institute Specifications for sound level meters, S1.4 1971, or the most recent revision thereof.

“Sound truck” shall mean any motor vehicle, regardless of motive power, whether in motion or stationary, having mounted thereon or attached thereto any sound amplifying equipment.

“Vibration perception threshold” shall mean the minimum ground or structure borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or the visual observation of moving objects. The perception threshold shall be presumed to be a motion velocity of five-thousandths (0.005) inch/second over the range of one (1) to one hundred (100) Hz.

“Zone” shall mean any of the zones specified in this Code as such zones are presently identified there and as they may be subsequently modified or altered.

9-2-3035-28-104 General noise regulations.

Notwithstanding any other provision of this article, and in addition thereto, it shall be unlawful for any person to willfully or negligently make or continue, or cause to be made or continued, any loud, unnecessary, unnatural or unusual offensive noise or vibration which disturbs the peace and quiet of any neighborhood; or which causes

any discomfort or annoyance to any reasonable person of normal sensitiveness residing or conducting business in the area; or may detrimentally or adversely affect residents or places of business. Noncommercial public speaking and public assembly activities conducted on any public space or public right-of-way shall be exempt from the operation provisions of this article.

9-2-3045-28-105 Preliminary action.

If it is determined by the responding agency that a sound level in excess of the levels prescribed by this article exists, the following procedures shall be followed:

(a) A written warning shall be issued by the Noise Control Officer or his agent to the person responsible for the event causing the disturbance.

(b) If the disturbance persists for more than fifteen (15) minutes following the notice, or recurs within an eight

(8) hour period, then the person responsible for the event causing the disturbance shall be guilty of a violation of this article. Any such violation shall be an infraction.

9-2-3055-28-106 Factors of determination.

The factors which will be considered in determining whether a violation of the provisions of this article exists shall include, but not be limited to, the following:

(a) The sound level of the alleged objectionable noise;

(b) The sound level of the ambient noise;

(c) The proximity of the noise to residential sleeping facilities;

(d) The nature and zoning of the area within which the noise emanates;

(e) The number of persons affected by the noise source;

(f) The time of day or night the noise occurs;

(g) The duration of the noise and its tonal, musical, or informational content; and

(h) Whether the noise is continuous, recurrent, or intermittent.

9-2-3065-28-107 Noise measurement procedure.

Upon the receipt of a complaint from a citizen, the Noise Control Officer or his agent, equipped with a sound level meter, shall investigate the complaint. For any short-term source, the investigation may consist of a determination that the noise or vibration causes discomfort or annoyance to a reasonable person of normal sensitiveness as determined by the Noise Control Officer. For any long-term source, theThe investigation shall consist of a measurement taken with a sound level meter according to the Enforcement Manual and the gathering of data to adequately define the noise problem and shall include the following:

(a) Non-acoustic data.

(1) The type of the noise source;

(2) The location of the noise source relative to the complainant’s property;

(3) The time period during which the noise source is considered by the complainant to be intrusive;

(4) The total duration of the noise produced by the noise source; and

(5) The date and time of the noise measurement survey.

(b) Acoustic data.

(1) A-weighted noise measurement. Utilizing the A weighting-weighted scale of the sound level meter and the “slow” meter response, the Noise Control Officer or his agent shall measure the sound level at any point on the receiver’s closest property line to the noise source, except that for amplified music or sound, the “fast” meter response shall be used..

(2) C-weighted noise measurement. Utilizing the C-weighted scale of a sound level meter and the “fast” meter response, the Noise Control Officer or his agent shall measure the source of the amplified music or sound at the receiver’s closest property line to the noise source.

9-2-3075-28-108 Noise limits.

The provisions of this section address noise intrusions over and above the noise normally associated with a given location (intrusions over the ambient level) when the Noise Control Officer conducts an investigation using a sound level meter. The ambient noise varies throughout the community, depending upon proximity to highways, population density, and land use. Difference Different standards are set for various segments of the community which reflect the existing day and nighttime ambient noise levels.

The ambient noise level is defined in terms of statistical parameters which describe the total noise occurring over any hourly time period.

A noise intrusion is judged by comparing such noise statistics with the noise source on, versus such statistics with the noise source off (the ambient). Violations of the provisions of this article may be cited in terms of particular levels exceeded or in terms of the length of time the intrusive noise exceeded such standards.

Compliance with the noise emission standards as set forth in this section shall constitute the elimination of a noise disturbance.

(a) Exterior noise standards.