Gary Soiseth

City Council

Special Meeting Agenda

APRIL 14, 2015

5:00 p.m.

City of Turlock Yosemite Room

156 S. Broadway, Turlock, California

**and via teleconference:

Simon Fraser University LDC 222 8888 University Drive

Burnaby, B.C. Canada V5A 1S6 Telephone (778) 782 4080

Mayor

Gary Soiseth

City Manager

Council Members Roy W. Wasden

William DeHart, Jr. Steven Nascimento City Clerk

Matthew Jacob Amy Bublak Kellie E. Weaver

Vice Mayor City Attorney

Phaedra A. Norton

SPEAKER CARDS: To accommodate those wishing to address the Council and allow for staff follow-up, speaker cards are available for any agendized topic or any other topic delivered under Public Comment. Please fill out and provide the Comment Card to the City Clerk or Police Officer.

NOTICE REGARDING NON-ENGLISH SPEAKERS: The Turlock City Council meetings are conducted in English and translation to other languages is not provided. Please make arrangements for an interpreter if necessary.

EQUAL ACCESS POLICY: If you have a disability which affects your access to public facilities or services, please contact the City Clerk’s Office at (209) 668-5540. The City is committed to taking all reasonable measures to provide access to its facilities and services. Please allow sufficient time for the City to process and respond to your request.

NOTICE: Pursuant to California Government Code Section 54954.3, any member of the public may directly address the City Council on any item appearing on the agenda, including Consent Calendar and Public Hearing items, before or during the City Council’s consideration of the item.

AGENDA PACKETS: Prior to the City Council meeting, a complete Agenda Packet is available for review on the City’s website at www.cityofturlock.org and in the City Clerk’s Office at 156 S. Broadway, Suite 230, Turlock, during normal business hours. Materials related to an item on this Agenda submitted to the Council after distribution of the Agenda Packet are also available for public inspection in the City Clerk’s Office. Such documents may be available on the City’s website subject to staff’s ability to post the documents before the meeting.

1. CALL TO ORDER

2. PUBLIC PARTICIPATION – LIMITED TO ITEMS DESCRIBED IN THE NOTICE FOR THIS MEETING

This is the time set aside for citizens to address the City Council concerning any item that has been described in the notice for the meeting, including Consent Calendar items, before or during consideration of that item. You will be allowed five (5) minutes for your comments. If you wish to speak regarding an item on the agenda, you may be asked to defer your remarks until the Council addresses the matter.

3. DECLARATION OF CONFLICTS OF INTEREST AND DISQUALIFICATIONS

Council Agenda Special Meeting

04/14/15

Page 2

4. PUBLIC HEARING:

Challenges in court to any of the items listed below, may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the Turlock City Council at, or prior to, the public hearing.

5. WORKSHOP TO DISCUSS REPEALING AND REPLACING TURLOCK MUNICIPAL CODE TITLE 9, ZONING ORDINANCE, IN ITS ENTIRETY.

Recommended Action: None

For information only. No action will be taken during this workshop. The actions presented below are the actions that will be considered by the City Council at the regular meeting scheduled to follow this workshop.

Items to be discussed:

Ordinance: Repealing and Replacing Turlock Municipal Code Title 9, Zoning Ordinance, in its Entirety

Motion: Approving an amnesty program for cargo container permits, as follows:

1) A delay in the enforcement of the provisions listed in the modified TMC 9- 2-125 (Cargo Containers) for a period of 6 months; and

2) A reduction in the planning permitting fees for cargo container permits for a 6 month period, as follows, and subsidize the permitting fees with General Fund revenues:

a) Reduce the cost of the Minor Discretionary Permit required for commercial and industrial zoned properties from $1,475 to $345; and

b) Reduce the cost of the Minor Administrative Approval required for residential zoned properties from $345 to $170.

6. ADJOURNMENT

The foregoing meeting is hereby called by Mayor Gary Soiseth at the above mentioned date and time pursuant to California Government Code

§54956.

GARY SOISETH, Mayor

Chapter 9-1 GENERAL PROVISIONS

Sections:

Article 1. Establishment of General Provisions

9-1-101 Title of provisions

9-1-102 Adoption

9-1-103 Purpose

9-1-104 Applicability to private and public property 9-1-105 Minimum requirement

9-1-106 Rules for interpretation of language.

9-1-107 Applicability and effect of prior permits. 9-1-108 Conflict with other regulations.

9-1-109 Relation to private agreements or restrictions.

9-1-110 Applicability of land use and development regulations. 9-1-111 Rules for interpretation.

9-1-112 Application of zoning regulations during local emergency. 9-1-113 Severability.

Article 2. Establishment of Definitions 9-1-201 Semantic rules of construction.

9-1-202 Definitions.

Article 1. Establishment of General Provisions 9-1-101 Title of provisions.

This chapter of the Turlock Municipal Code may be known and cited as the “Turlock Zoning Regulations” or “Zoning Regulations.”

9-1-102 Adoption.

There is hereby adopted, as provided herein, Zoning Regulations for the City. The Regulations are intended to be a precise and detailed plan for the use of land based on the General Plan of the City and to be consistent with the General Plan of the City.

9-1-103 Purpose.

The purpose of the Zoning Regulations is to promote the public health, safety, comfort, convenience, and general welfare of the people of Turlock. Specifically, these Zoning Regulations intend to achieve the following purposes:

(a) To implement the policies of the Turlock General Plan;

(b) To advance Turlock’s position as a regional center of commerce, industry and housing;

(d) To protect agricultural, residential, commercial, industrial, public and institutional areas and environmentally sensitive areas from the intrusion of incompatible land uses;

(e) To provide for desirable, appropriately located living areas in a variety of dwelling types and at a wide range of population densities, with adequate provisions for sunlight, fresh air, privacy, usable open space, and safety;

(f) To encourage the provision of affordable housing, particularly to lower income households;

(g) To achieve excellence in site and building design in all future and existing developments;

(h) To provide adequate off-street parking and loading facilities, and to promote a safe, effective traffic circulation system;

(i) To ensure that service demands of new development do not exceed the capacities of existing streets, utilities, or public services;

(j) To assure equality among individuals in the use and enjoyment of their property;

(k) To guide and encourage the renewal of areas experiencing blight, deterioration and obsolescence, while protecting and preserving Turlock’s cultural heritage;

(l) To stabilize expectations regarding development entitlements and uses, thereby providing a basis for rational private and public land use decisions;

(m) To minimize the process necessary to obtain rights to develop and use property;

(n) To provide opportunities for businesses to be located for efficient operation in a mutually beneficial relationship to each other and to shared services;

(o) To prevent any substantial risk to public health, safety and welfare from the use of a land or location of a building, or to be a nuisance to or adversely affect adjacent properties or uses.

9-1-104 Applicability to private and public property.

Zoning Regulations shall apply to all land within the City of Turlock, including land owned by the City of Turlock and other local, state, or federal agencies, where applicable. Application of regulations to specific lots shall be governed by the zoning map.

9-1-105 Minimum requirements.

The Zoning Regulations shall be deemed the minimum requirements to promote and preserve the public health, safety, and general welfare of the people, unless otherwise noted.

9-1-106 Rules for interpretation of language.

The following rules of construction shall apply:

(a) Unless the context clearly indicates the contrary, the following conjunctions shall be interpreted as follows:

(1) “And” indicates that all connected words or provisions shall apply.

(2) “Or” indicates that the connected words or provisions may apply singularly or in any combination.

(3) “Either...or” indicates that the connected words or provisions shall apply singly but not in combination.

(4) “Shall,” “must” and “will” signify requirements to be met without exception under all relevant circumstances.

(5) “Should” signifies the City’s desire and expectation that the principle will be met in most cases, but recognizes that some circumstances may make implementation impossible or unwise. The applicant may be required to demonstrate to the City the reason for not implementing principles with this wording.

(6) “May” signifies that the principle establishes guidance for actions that are at the discretion of the applicant or public agency.

(b) In case of conflict between the text and a diagram, the text shall control.

(c) All references to departments, commissions, boards, or other public agencies are to those of the City of Turlock, unless otherwise indicated.

(d) All references to public officials are to those of the City of Turlock and include designated deputies of such officials, unless otherwise indicated.

(e) All references to days are to calendar days unless otherwise indicated. If a deadline falls on a weekend, a holiday, or some other day when the Turlock City Hall is not open for normal business, it shall be extended to the next full working day.

(f) Article, division and section headings contained herein shall not be deemed to govern, limit,

modify or in any manner affect the scope, meaning or intent of any section hereof.

(g) The words “activities” and “facilities” include any part thereof.

9-1-107 Applicability and effect of prior permits.

(a) The provisions of this chapter title shall apply to the erection or alteration of any building or structure, or to the use of any parcel of land, as of the effective date of the ordinance codified in this title and any subsequently adopted ordinance amending this chapter title, unless a building permit has been lawfully issued by the City for the construction of a project. In that case, the project may be completed under the provisions of this chapter title as they existed at the time of issuance of the building permit; provided, that construction under the permit commences within six months of issuance of the permitthe time frame(s) specified in TMC 9-5-1067 and the permit remains effective and valid under the terms of issuance. For the purpose of this subsection, a foundation permit shall be treated as equivalent to a building permit but a grading, demolition, electrical, mechanical or plumbing permit shall not be considered or treated as a building permitspermit.

(b) No official or employee of the city authorized to issue permits or licenses shall issue such permits or licenses which are not in conformity with the provisions of this chapter title where such conformity is required by law. Any permit or license issued in conflict with the provisions of this chapter shall be null and void.

permit, minor discretionary permit or other such permit approval has been issued prior to the effective date of the Zoning Regulations or any amendment thereto and the uses or improvements for which the permit was issued would not conform to the regulations or amendments, the uses or improvements may, nevertheless, be utilized or developed to the extent authorized by the issued permit, provided the permit has not expired under the terms of its issuance. The uses and improvements shall be deemed legally nonconforming and shall be subject to the provisions of Article 4 of Chapter 2 of this title governing nonconformities.

9-1-108 Conflict with other regulations.

Where conflict occurs between the provisions of this title and any other City codesCodes, ordinances, resolutions, guidelines, or regulations, the more restrictive provision shall apply unless otherwise specified.

9-1-109 Relation to private agreements or restrictions.

This chapter shall not be construed to imply that the City enforces, regulates, interferes with or annuls any easement, covenant, deed restriction, or other agreement between parties except in those instances where the City is a party to the agreement.

9-1-110 Applicability of land use and development regulations.

(a) Zoning designation system. The districts set forth in this section title and the boundaries of such districts are shown upon the map adopted by the council, such map being designated as the “Zoning Map.” Such map is made a part of this chapter title by reference as if the information set forth thereon were fully described in this chapter. title. The Council may from time to time republish all or any part of the zoning map to incorporate amendments thereto. Land use and development regulations applicable to specific sites, shown on the zoning map by zoning designation, shall consist of classes of letters and/or numerical designators as follows:

(1) A base land use designator indicating the principal land uses permitted or conditionally permitted in each district, shall be a component of all zoning designations. In mixed-use districts where a conflict arises between standards of more than one district, the Development Services Director shall determine which standards shall apply.

(2) Overlay district designators shall be included in a zoning designation if the provisions of one or more overlay districts are applicable to a site. When a conflict arises between overlay district standards and base district standards, the overlay district standards shall apply.

(b) Establishment of land use development standards. The Zoning Regulations shall set

forth development standards for each zone district including, but not limited to, controlling the uses of land, the density of population, the uses and locations of structures, the height and bulk of structures, the open spaces about structures, the external appearance of certain uses and structures, the areas and dimensions of sites, and requiring the provisions of off street parking, off street loading facilities and landscaping.

(1) Land, structures, and premises in any district shall be used only for the purposes set forth as permitted in that district, in accordance with the regulations established by the provisions of this title for that district, and in accordance with the conditions and requirements which may have been established for that district in connection with the authorization of any variance or the granting of any permit.

(2) No structure shall be erected, reconstructed, relocated, or structurally altered to have a greater height, bulk or a higher proportion of parcel coverage than is permissible under the limitations set for the district in which the building is located. If the building is already greater than the maximum permitted, it shall not be further increased.

(3) Open space, off-street parking space, or loading space shall be provided in accordance with the regulations, conditions and requirements established for that district.

9-1-111 Rules for interpretation.

(a) Zoning regulations. Where uncertainty exists regarding the interpretation of any provisions of this chaptertitle or its application to a specific site, the Community Development Director shall determine the intent of the provision.

(b) Zoning map. Where uncertainty exists regarding the boundary of a zoning district, the following rules shall apply:

(1) Where boundaries are indicated as following streets or other rights-of-way, the center lines of such streets or rights-of-way shall be construed to be such boundaries.

(2) Where boundaries are indicated as approximately following parcel lines, such parcel lines shall be construed to be such boundaries.

(3) In the event uncertainty exists or in the case where a district boundary divides a parcel, the Planning Commission, upon a written application or upon its own motion, shall determine the exact location of such boundaries.

(c) Record of interpretation. The Community Development Director shall keep a record of interpretations made pursuant to this Chaptertitle which shall be made available to the public for review.

(d) Appeals. An interpretation of the zoning regulations or zoning map by the Community Development Director may be appealed to the Planning Commission.

9-1-112 Application of zoning regulations during local emergency.

The Turlock City Council may authorize deviations from any provision of this chaptertitle during a proclaimed local emergency in accordance with Title 4 of the Turlock Municipal Code.

9-1-113 Severability.

If any section, subsection, sentence, or phrase of this chaptertitle is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this chaptertitle shall not be affected. It is expressly declared that this chaptertitle and each section,

subsection, sentence, and phrase would have been adopted regardless of the fact that one or more other portions of this chaptertitle would be declared invalid or unconstitutional.

Article 2. Establishment of Definitions

9-1-201 Semantic rules of construction.

For the purposes of this title, the following rules shall apply unless inconsistent with the plain meaning in the context of the provisions of this title.

(a) Words used in the present tense include the future tense.

(b) Words used in the singular include the plural, and words used in the plural include the singular.

Where a definition is not given or where a question of interpretation is raised, the definition shall be the common usage of the word within the context of its use, or as clarified by the Planning Commission.

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;

(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. Includes” and shall include both abutting property and real property located across alleys, streets or other public propertyright-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.

“Agricultural

“Agriculture” or “agricultural use” shall meaninclude 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 small 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. (See also “Livestock.”)

“Airports and landing strips” shall mean runways and related facilities for aircraft, including rotary-winged and ultralightultra-light 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 TMC Title 9; 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 sales and services.

(a) “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.

(b)

“Animal grooming” shall mean the provision of bathing and trimming services for small animals on a commercial basis. This classification includes boarding of domestic animals for a maximum period of forty-eight (48) during regular business hours.

(c)

“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.

(d)

“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 TMC Title 9. (See also “dwelling unit, multifamily.”)multi-family.”)

“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

UniformCalifornia 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 UniformCalifornia 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. It shall not mean a bona fide “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 building.”

“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 & 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 pre-manufactured 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 theaters, 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.

“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 Development Director” shall mean the Director of the Community Development Department of the City of Turlock, or designee. “Community Development Director” shall also include the term “Director.”“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” shall mean 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 Community 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” shall mean construction shall be complete when the final

required building inspection has been completed and/or a “certificate of occupancy” (as defined by the Uniform California Building Code) is issued by the Building Inspector.

“Convalescent hospital” shall mean a facility providing 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 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/or 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;

(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.

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“Development Services Director” shall mean the Director of the Development Services Department of the City of Turlock Community Development Department Director , 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 premise 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, and which provides vehicular access from a public street to required off-street parking spaces, garages, includingor recreational vehicle storage satisfying the requirements of TMC 9-2-114..

Dwelling.

(a) “Multi-family” 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 multi- family 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 an eating and drinking establishmenta 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 UniformCalifornia Building Code as applicable.

“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 abut 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 adjoining properties.

“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, and private residential clubs. Group quarters are not the same as group homes.

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

(b) “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.

(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 9-2-12512.4. “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.

“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.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 buildings 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 & 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 & 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 withto the requirements of this chapter. title.

“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. “Meals” shall mean the usual assortment of food commonly ordered at various times of the day; the service of such food and victuals only as snacks, salads, or desserts shall not be deemed a compliance with this requirement.

“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 while sitting 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.

“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.

“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 awaitingwaiting 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 something having location on the ground, including, but not limited to, a building or a swimming poolspool, but not including fences or walls used as fences having a maximum height of 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 onsite or offsite 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 aan accessory structure intended for swimming or recreational bathing that contains water over twenty-four (24eighteen (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. 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.

“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.

“Wholesale warehouse

“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 chapter for titlletitle 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.

Chapter 9-2

REGULATIONS APPLYING TO ALL DISTRICTS

Sections:

Article 1. Special Provisions Applying to All or Several Districts 9-2-101 Accessory buildings or structures.

9-2-102 Adult entertainment facilities.

9-2-103 Affordable housing density bonus.

9-2-104 Automobile service stations, repair and washing. 9-2-105 Building projections into yards.

9-2-106 Development on existing lots of record.

9-2-107 Development on lots divided by district boundaries. 9-2-108 Exceptions to height limits.

9-2-109 Landscaping and irrigation. 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 Swimming pools, spas and hot tubs. 9-2-121 9-2-120 Underground utilities.

9-2-122 9-2-121 Neighborhood stores.

9-2-123 9-2-122 Rental storage facility.

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

9-2-125 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 District.

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 Specific parking area design.

9-2-215 Parking access from street.

9-2-214 Parking lot design standards.

9-2-126 9-2-215 Driveway and corner visibility.

9-2-217 Additional design standards for parking lots and structures. 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 Purposes.
9-2-302	Definitions.
9-2-203	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.

9-2-4079-2-405 Discontinuance.

9-3-408 9-2-406 Replacement and repairs due to damage.

9-2-409 9-2-407 Repairs and maintenance.

9-2-410 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 chapter provisions: Nuisances: Abatement 9-2-510 Noncompliancel.

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 required.

9-2-605 Application requirements.

9-2-606 Height.

9-2-607 Location.

9-2-608 Residential (R) Districts.

9-2-609 Visual compatibility and screening.

9-2-610 Discontinuance of use.

Article 1. Special Provisions Applying to All or Several Districts

9-2-101 Accessory buildings and usesor structures.

For the purposes of this section, accessoryAccessory buildings or structures include both those that are permanent and temporary. The purpose of the specific limitations as to the height, number or size of accessory buildings and structures contained within this section are intended to ensure adequate light, air,

~~(a)~~ Accessory buildings, structures, and swimming pool mechanical equipment in residential (R) districtsprivacy for residential properties and compatibility with permitted structures. Second dwelling units (as defined in TMC 9-1-2022-119) are not defined as accessory buildings and structures.

(a)(1 Building permit required. A building permit from the Turlock Building and Safety Division is required for all accessory buildings and structures that are 120 square feet in size or larger.

(b) Accessory buildings and structures in Agricultural (A) and residential (R) districts. Accessory buildings and structures may be erected upon residential zoned lotslots in the A and R districts subject to the following conditions when the use thereof is clearly incidental and secondary to the primary use of the property.:

(2)

(1) Maximum height. The height of an accessory building or structure may not exceed fifteen (15’) feet in overall height measured from the existing or finished grade, whichever is lower, to the highest portion of the structure.

(2) Lot coverage. The combined maximum square footage of all detached accessory structures exceeding seven (7’) in height shall not exceed 1,000 square feet.

(3) Attached accessory buildings and structures. When an accessory structure is not “detached” as defined in following subsection, it shall be considered an attached accessory building or structure. When the accessory building or structure is attached to the primary dwelling or main building on the property, it shall:

(i) be made structurally a part of the main building (Seesee also SectionTMC 9-1-202 defining “attached”)

(ii) share compatible architecture, materials, and surface textures with the primary building; and

(iii)(3) comply in all other respects with the development standards and requirements of this title applicable to the primary building.

(4) Detached accessory buildings and structures. An accessory building or structure is defined as “detached” when any portion of the accessory building or structure is located a minimum of six (6’) feet from any dwelling unit or the main building on the same lot. When the accessory building or structure is detached from the primary dwelling or main building on the property, it shall comply with the following regulationsstandards:

(i)RESIDENTIAL ACCESSORY BUILDINGS AND STRUCTURES:

Size of Accessory

Building:

Less Than 120 sq. ft.

120 sq. ft. or Larger (A)

Minimum Distance from Main Building

none 6 ft.

Minimum Yard Setbacks

Within front 1/2 of lot (as required by the applicable

zoning district)

(as required by the applicable zoning district)

Within rear 1/2 of lot

Side 3 ft. (B-1) 3 ft. (B-1 & 2) Street side 15 ft. 15 ft.

Rear 3 ft. (B-1) 3 ft. (B-1 & 2)

Maximum Height 10 ft. (C) 10 ft. (C)

(A) A Yard setback measurement. Yard setbacks shall be measured from that portion of the building permit from the Turlock Building Inspection Departmentor structure that is required for all accessory buildings andclosest to a property line.

(ii) Accessory structures in R zone districts that are 120 squaregreater than seven (7’) feet in sizeheight, measured from the tallest point of the building or larger.structure. (B) Minimum Yard Setbacks Exception. When

(aa) Yard setbacks except Residential Estate (R-E) district. The accessory building or structure shall be located on a minimum of, except when located in the rear one-half (1/2) of the lotR-E district:

1. Rear yard: 5 feet from the property line

2. Interior side yard: 5 feet from the property line

3. Corner side yard: As required by the applicable zoning district.

4. Front yard: As required by the applicable zoning district.

(bb) Yard setbacks in R-E district. In the R-E district, the accessory building or structure mayshall be located adjacent to an interior side and/or rear lot line; provideda minimum of:

(1) A gutter or other device to prevent roof drainage or water runoff onto the adjacent lot is installed thereon.

(2) All structural elements closer than three (3')

1. Rear yard: 10 feet tofrom the interior lotproperty line are 2. Interior side yard: 10 feet from the property line

3. Corner side yard: As required by the applicable zoning district. 4. Front yard: As required by the applicable zoning district.

(cc) Design standards. The accessory building or structure shall be constructed of fire-resistivecompatible architecture, materials in accordance, and surface textures with Turlock Building Codes (applicable to allthe primary building.

(dd) Rear yard exception for public alleys. When a detached accessory buildings and structure taller than seven (7’) feet abuts a twenty (20’) foot public alley, the rear yard may be reduced to zero (0’) feet for a length not to exceed one-third (⅓) of the width of the parcel.

(iii) Accessory structures 120 square feet or larger).seven (7’) feet in height or less, measured from the tallest point of the building or structure. An accessory building or structure seven (7’) feet in height or less shall not be subject to the setback and design standards contained in subsection (ii) above when:

(aa) located behind the front yard setback for the applicable zoning district; and

(bb) screened by a solid, visually impenetrable fence or wall at least seven (7’) feet in height from all adjoining properties and the public right-of-way.

(iv) Front yard exception for entry features. Entry features, such as arbors, arches, trellises, or the like may be permitted in the front yard setback when:

(aa) The entry feature is not attached to the primary building; and

(bb) The entry feature is covering a walkway emphasizing the entry to the front door of a residence; and

(cc) The entry feature is not constructed of solid materials and shall not constitute a safety/visibility hazard to pedestrians or vehicles; and

(dd) The entry features do not exceed an overall height of eight (8’) feet or a width of seven (7’) feet; and

(ee) The total of all entry features does not cover more than twenty-five (25) square feet in area.

(5) Swimming pools, hot tubs, and spas. Swimming pools, hot tubs and spas may not be located within the front or corner side yards. Any swimming pool, hot tub or spas greater than seven (7’) in height shall be subject to the requirements and conditions in subsection (4) above.

(6) Exceptions to accessory building and structure requirements.

(i) Residential (R) districts. In R districts, an exception to the requirements of this section may be permitted upon approval of a conditional use permit by the Planning Commission issued in accordance with TMC 9-5-600ART (Condition Use Permits and Variances).

(ii)(C) Maximum Height Exception.

(1) When an accessory building or structure is located closer than five (5') feet to any interior lot line as permitted under (B) above, it shall be limited to a maximum height of seven (7') feet at the exterior eave line adjacent to each interior lot line, not to exceed a total overall building height of ten (10') feet at the roof ridge line.

(2) Where an accessory building or structure is located closer than ten (10') feet to any lot line, but not closer than five (5') feet, it shall be limited to a maximum height of ten (10') feet at the side yard exterior eave line, and shall not exceed a total overall building height of sixteen (16') feet at the roof ridge line.

(3) When an accessory building or structure complies with the rear and/or side yard setbacks normally established for that particular zone district, the total building height shall be the same as the maximum building height established for that district.

(b Agricultural (A) district. In the A district, an exception to the requirements of this section may be permitted upon approval of a minor discretionary permit issued in accordance with TMC 9-5-300ART (Minor Administrative & Minor Discretionary Permits).

(c) Nonresidential accessory structures in A, C, Icommercial, industrial, and PSP-S districts. Accessory structures shall comply with all regulations applicable to the principal building or structure on a site. Off-site accessory uses shall be allowed only with a Minor Administrative Approval Permitupon approval of a minor administrative approval.

(c) Satellite dish antennas. A satellite dish antenna may be installed on a lot in any zoning district if it complies with the following criteria:

(1) A and R districts.

(i) Locations prohibited. No satellite dish antenna shall be located in a front or corner-side yard.

(ii) Setbacks. Satellite dish antennas shall not be placed within ten (10') feet of any interior side or rear property lines. Exception: no setback shall be required in interior side and rear yard areas if the overall height of the antenna does not exceed six (6') feet in height.

(iii) Maximum height. The maximum overall height for any satellite dish antenna shall be fifteen (15') feet. The overall height shall be determined by measuring from the ground level immediately under the antenna to the highest point of the antenna or any

appurtenance attached to it. The Community Development Director may approve mounting an antenna on the rear half of a roof if no other feasible location exists.

(2) C, I and PS districts.

(i) Roof-mounted antennas. Satellite dish antennas shall be located on the roof of a structure whenever possible, providing the dish is not visible from public roadways or can be adequately screened from view of public roadways.

(ii)

(2) Ground-mounted antennas. If it is determined that installation of a satellite dish antenna is not feasible for location on a roof, a ground-mounted antenna shall be permitted underwhen all of the following conditions are met:

(i)~~(aa)~~ The antenna shall be located directly adjacent to the building,.

(ii)(ab) it The antenna shall be located in the rear or interior side yard areas,; ~~(ac)~~ and it

(iii) The antenna shall be screened from view from the front of the building and public roadways.

(iii)

(3) Location prohibited. No satellite dish antennas shall occupy a required parking space or adversely impact any vehicle circulation.

(iv)

(4) Maximum height. The maximum overall height for any satellite dish antenna shall be twenty (20'20’) feet. The overall height shall be determined by measuring from ground or roof level immediately under the antenna to the highest point of the antenna or any appurtenance attached thereto.

(v)

(5) Permit required. A Minor Administrative Approval issued in accordance with Article 3 of Chapter 9-5 TMC: TMC 9-5-300ART (Minor Administrative & Minor Discretionary Permits,), shall be required for all satellite dish antennas greater than three (3'3’) feet in height in any C, I or PS district.

9-2-102 Adult entertainment facilities.

(a) Purpose. The purpose of this chapter section is to regulate adult businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to, the following: depreciation of property values, deterioration of neighborhoods, increases in vacancy rates in residential and commercial areas, increases in incidence of criminal activity, increases in litter, noise, and the interference with residential property owners enjoyment of their property in the vicinity of such businesses.

It is the Council’s intent to prevent community-wide adverse impacts which can be brought about by the concentration of adult businesses in close proximity to each other or in proximity to incompatible uses such as schools, churches, parks, public facilities and buildings and residentially zoned uses. The Council finds that it has been demonstrated in various communities that the concentration of adult businesses causes adverse impacts described above and can cause businesses and residents to move elsewhere. It is, therefore, the further purpose of this chapter section to establish reasonable and uniform regulations to prevent the concentration of adult businesses or their close proximity to incompatible uses, while permitting the location of adult businesses in certain areas.

(b) Definitions.

(1) “Adult businesses” shall include the following:

(i) Any business conducted for the entertainment of adults, engaged in the selling, renting, or displaying of publications depicting the specified anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Included in the definition is any business, that as substantial or significant course of conduct, sells, offers for sale, rents, exhibits, shows or displays publications depicting the anatomical areas or specified sexual activities described herein or other material of a sexually explicit nature. Also included in this definition is any business selling, renting, or displaying sexually oriented devices intended for use in the specified sexual activities.

(ii) A particular business at a particular location that sells, offers for sale, rents, exhibits, shows or displays specified anatomical areas or specified sexual activities in the form of a book, magazine, newspaper, pamphlet, film video or any other form or medium, or sexually oriented devices intended for use in the specified sexual activities, which receives twenty-five (25%) percent or more of the gross revenue from, or devotes twenty-five (25%) percent or more of the stock on hand or twenty-five (25%) percent or more of the gross floor area to such activity, is presumed to be engaging in “substantial or significant” conduct with respect to such activity.

(iii) Any business wherein the selling of any food or beverage served by employees engaged in partial or total nudity or exposed specified anatomical areas.

(iv) Any business conducted for the entertainment of adults wherein an employee, patron or any other person engages in or are shown specified sexual activities or exhibit or engage in partial or total nudity or otherwise expose specified anatomical areas.

(v) Any business, which as a substantial or significant portion of its business, provides live, filmed or televised entertainment wherein specified anatomical areas of the human anatomy are exposed.

(2) “Specified anatomical areas” include any of the following, whether actual or simulated:

(i) Less than completely and opaquely covered: (1) human genitals or pubic region, (2) buttock, and (3) female breast below a point immediately above the top of the areola; or

(ii) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(3) “Specified sexual activities” means and includes any of the following:

(i) The fondling or sexual touching of human genitals, pubic regions, buttocks, anus, or female breasts; or

(ii) Sex acts, normal or deviant, actual or simulated, including intercourse, oral copulation, or sodomy; or

(iii) Masturbation, actual or simulated; or

(iv) Excretory functions as part of, or in connection with, any of the activities set forth above.

(1) Adult businesses shall not be located within five hundred (500') feet of the following whether or not located within the city:

(i) Any real property located in a residential, commercial or industrial district, including the Agricultural (A), Residential Estate (R-E), Low Density Residential (R-L), Medium Density Residential (R-M), High Density Residential (R-H), Community Office (C-O), Planned Development (PD), Community Commercial (C-C), Heavy Commercial/Light Industrial (C-H), zoning districts; and

(ii) Any public or private school; and

(iii) Any church, chapel, or other publicly recognized place of worship; and

(iv) Any park or building used by the public and owned by a public entity; and

(v) Any residence in any zoning district; and

(vi) Any parcel of land owned by a school district, church, chapel, or public entity.

(2) Adult businesses shall not be located within one thousand (1,000') feet of any other adult business.

(3) Adult businesses may be located in the I (Industrial) zoning district; and

(4) The distances specified in this section shall be measured in a straight line, without regard to intervening structures, or geological features from the nearest point of the property line in which the proposed adult business is to be established to the nearest property line of a use or zoning district listed above.

(d) Development and performance standards.

(1) The following development standards shall apply to all adult businesses:

(i) No adult business shall be located in any temporary or portable structure.

(ii) Trash dumpsters shall be enclosed by a screening enclosure so as not to be accessible to the public.

(iii) Off-street parking shall be as specified in Article 2 of this chapter.

(iv) The entire exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times.

(v) Any signage shall conform to the requirements of Article 5 of this chapter, of the Code, and shall not contain sexually oriented photographs, silhouettes, or other pictorial representations.

(vi) All entrances to an adult business shall be clearly and legibly posted by a notice indicating that minors are prohibited from entering the premises.

(vii) No residential structure or any other nonconforming structure shall be converted for use as an adult business.

(viii) No residence, apartment, living quarters or mobile home shall be located on the parcel where an adult business is located.

(2) The following performance standards shall apply to all adult businesses:

(i) California Code of Regulations, Title 4, Article 22, Sections 143.2, 143.3 and 143.4 or its successors are hereby adopted and shall regulate the attire and conduct of employees and entertainers; including visual displays.

(ii) The adult business shall not conduct or sponsor any special events, promotions, festivals, concerts, or similar activities which would create a demand for parking spaces beyond the number of spaces required for the business.

(iii) The traffic generated by the adult business shall not overload the capacity of the surrounding street system and shall not create a hazard to public safety, as determined by the City of Turlock Police Department. .

(iv) No adult business shall be operated in any manner that permits the observation of any persons or material depicting, describing or related to “specified sexual activities” or “specified anatomical areas”, inside the premises, from any public way or from any location outside the building or area of such establishment. This provision shall apply to any display, decoration, sign, show window or other opening.

(v) No loudspeakers or sound equipment shall be used by an adult business for the amplification of sound to a level audible beyond the walls of the building in which the business is located.

(vi) All exterior areas of the adult business, including buildings, landscaping, and parking areas shall be kept free of trash and debris and maintained in a clean and orderly manner at all times.

(vii) Hours of operation shall be from 6:00 a.m. to 2:00 a.m.

(viii) Each adult business shall conform to all applicable laws and regulations, including obtaining a City business license.

(e) Adult business permit; required. No adult business shall commence operation until an application for a Minor Discretionary Permit (Adult Business Permit) is approved by the Community Development Services Director or designee following the procedures set out in the

following sections, and those contained in Section 9-5-307 through Section 9-5-312, 9-5-315, of the Turlock Municipal Code.

(f) Adult business permit application: Contents. An application for an adult business permit shall include the following:

(1) Name, permanent address and telephone number of applicant.

(2) The name, business address and telephone number for the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its Articles of Incorporation, and the applicant shall show the name and residence address of each of the officers, directors, and each stockholder owning twenty-five (25%) percent or more of the stock of the corporation. If the applicant is a partnership, the application shall show the name and residence address of each of the members, including limited partners.

(3) Name(s) and address(es) of the property owner(s).

(4) Assessor’s parcel number(s).

(5) Legal description of the property.

(6) A site development plan drawn at the scale specified by the Community Development Director, which includes the following information:

(i) Location of all existing buildings, structures, and improvements on the property;

(ii) Location of all proposed buildings, structures, and improvements on the property;

(iii) Existing and proposed streets and highways bordering and within the boundaries of the property;

(iv) Location of existing and proposed parking areas;

(v) Proposed landscaping;

(vi) North arrow;

(vii) Scale.

(7) Elevations and floor plans of proposed buildings or structures including any existing or proposed signs related to the adult business drawn to scale.

(8) A narrative description of the proposed use or development including:

(i) Description of the nature of the proposed use or development and an explanation of how the proposed business will satisfy the applicable requirements set forth in this chapter.

(9) A letter of consent signed and notarized from all property owners.

(10) A vicinity map showing specific land uses (houses, churches, public buildings, parcel lines, parcel sizes, etc.) for a 1,500 foot radius of the subject site.

(11) The fee prescribed by the City Council of the City of Turlock by ordinance or resolution for processing the application.

(g) Adult business permit application: Review and approval.

(1) Once an application has been accepted as complete, the Community Development Services Director or designee shall take action within sixty (60) days.

(2) For purposes of application processing, any application for a permit pursuant to this chapter is considered to be a ministerial permit and, as such, is not subject to the time frames specified in Section 65950 et seq. of the California Government Code, or the California Environmental Quality Act.

(3) Once an application has been accepted as complete, the Community Development Services Director or designee shall refertransmit the relevant parts of the permit application to the followingall affected City departments and outside agencies: for review, comments, and condition requirements.

(i) Municipal Services Department.

(ii) Community Development Services Department. (iii) Police Services Department.

(iv) Fire Services Department.

(v) Stanislaus County Environmental Resources.

(4) In considering an application for a permit pursuant to this chapter section, the Development Services Director or designee shall approve the permit only if it makes the following findings:

(i) The adult business is consistent with the location, requirements and development and performance standards contained in this chapter; and

(ii) The adult business is located in a zoning district which lists adult businesses as a permitted use; and

(iii) The zoning district classification for the property is consistent with the applicable General Plan or Specific Plan designation for the property; and

(iv) The adult business structure does not contain any apartments or other living quarters.

(5) A permittee shall not transfer ownership or control of an adult business permit to any other person or entity. All changes in ownership shall require a new permit application and approval.

(6) Permit issuance or non-issuance of application may be appealed pursuant to Title 1, Chapter 4, of the Turlock Municipal Code.

(7) Approval of the Minor Discretionary Permit (Adult Business Permit) does not relieve the permittee from the requirement to obtain any other permits, or approvals, necessary to insure operation of the use in conformance with the requirements of the Turlock Municipal Code.

(h) Adult business permit; transfer.

(1) A permittee shall not operate an adult business under the authority of an adult business permit at any place other than the address of the adult business stated in the application for the permit.

(2) A permittee shall not transfer ownership or control of an adult business or transfer an adult business permit to another person unless and until the transferee obtains an amendment to the permit from the Community Development Services Director or designee, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Community Development Services Director, or designee, in accordance with the requirements of this section, accompanies the application with a transfer fee in an amount set by resolution of the City Council, and the Community Development Services Director determines that the transferee would be entitled to the issuance of an original permit.

(3) No permit may be transferred when the Community Development Services Director has notified the permittee that the permit has been or may be suspended or revoked.

(4) Any attempt to transfer a permit either directly or indirectly in violation of this section is hereby declared void, and the permit shall be deemed revoked.

(i) Suspension or revocation of adult business permits. An adult business permit may be suspended or revoked in accordance with the procedures and standards of this section.

(1) On determining that grounds for permit revocation exist, the Police Chief shall furnish written notice of the proposed suspension or revocation to the permittee. Such notice shall set forth the time and place of a hearing, and the ground or grounds upon which the hearing is based, the pertinent Code sections, and a brief statement of the factual matters in support thereof. The notice shall be mailed, postage prepaid, addressed to the last known address of the permittee, or shall be delivered to the permittee personally, at least ten (10) days prior to the hearing date. Hearings shall be conducted in accordance with procedures established by the Police Chief, but at a minimum shall include the following:

(i) All parties involved shall have a right to offer testimonial, documentary, and tangible evidence bearing on the issues; may be represented by counsel; and shall have the right to confront and cross-examine witnesses. Any relevant evidence may be admitted that is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this section may be continued for a reasonable time for the convenience of a party or a witness.

(2) A permittee may be subject to suspension or revocation of the permit, or be subject to other appropriate disciplinary action, for any of the following causes arising from the acts or omissions of the permittee, or an employee, agent, partner, director, stockholder, or manager of an adult business:

(i) If the building, structure, equipment, or location used by the adult business fails to comply with all applicable building, fire, electrical, plumbing, health, and zoning requirements of the Turlock Municipal Code, all applicable State and federal requirements of a similar nature which are customarily enforced by the City, and all provisions of these regulations and this Code relating to adult businesses, including the Adult Business Development and Performance Standards contained in this section.

(ii) The permittee has knowingly made any false, misleading or fraudulent statement of material facts in the application for a permit, or in any report or record required to be filed with the City.

(iii) The permittee, employee, agent, partner, director, stockholder, or manager of an adult business has knowingly allowed or permitted, and has failed to make a reasonable effort to prevent the occurrence of any of the following on the premises of the adult business:

(aa) any act of unlawful sexual intercourse, sodomy, oral copulation, or masturbation.

(ab) use of the establishment as a place where unlawful solicitations for sexual intercourse, sodomy, oral copulation, or masturbation occur.

(ac) any conduct constituting a criminal offense which requires registration under Section 290 of the California Penal Code.

(ad) the occurrence of acts of lewdness, assignation, or prostitution, including any conduct constituting violations of Sections 315, 316, or 318 or Subdivision b of Section 647 of the California Penal Code.

(ae) any act constituting a violation of provisions in the California Penal Code relating to obscene matter or distribution of harmful matter to minors, including but not limited to Sections 311 through 313.4.

(af) any conduct prohibited by this chapter.

(iv) Failure to abide by any disciplinary action previously imposed by an appropriate City official.

(3) After holding the hearing in accordance with the provisions of this section, if the Police Chief finds and determines that there are grounds for disciplinary action, based upon the severity of the violation, the Police Chief shall impose one (1) of the following:

(i) A warning;

(ii) Suspension of the permit for a specified period not to exceed six (6) months;

(iii) Revocation of the permit.

(j) Appeal. The decision of the Police Chief may be appealed as provided by Title 1, Chapter 4 of this Code.

9-2-103 Affordable housing density bonus.

(a) Purpose. The purpose of the affordable housing density bonus is to:

(1) Establish procedures and criteria for use in the consideration of density bonuses for lower income housing developments as defined in Section 65915 of the California Government Code;

(2) Establish procedures for requesting developer incentives or concessions for the production of housing units and child care facilities as prescribed in Section 65915 of the California Government Code; and

(3) Provide a significant contribution to the economic feasibility of lower income housing in proposed housing developments.

(b) General provisions. The criteria and procedures set forth in Section 65915 of the California Government Code shall be applied to requests for density bonuses for affordable housing unless amended in this section.

(c) Application procedures. The application for a density bonus, incentive or concession shall be submitted with the first application for approval of a housing development and shall be processed concurrently with any other planning permit required for the housing development. The application shall be submitted on form and contain such information and support data as prescribed by the Community Development Director. The application shall contain sufficient information to make the required determinations and findings defined in Section 65915 of the Government Code.

(d) Fees. The City Council shall set the amount of the fees for the application required and authorized by this section.

9-2-104 Automobile service stations, repair and washing.

The following supplementary development regulations shall apply to the automobile service station, automobile repair, and automobile washing use classifications:

(a) Lot size.

(1) The minimum lot frontage along a public street shall be one hundred twenty five (125') feet.

(2) The minimum lot depth shall be one hundred (100') feet.

(b) Curb cuts.

(1) The minimum width of any curb cut shall be twenty five (25') feet.

(2) The maximum width of any curb cut shall be thirty five (35') feet.

(3) The total aggregate amount of curb cuts shall not exceed forty (40%) percent of the lot frontage.

(1) All service stations shall provide minimum landscaping as required by this chapter (also see Section 9-2-109) and the following:

(i) There shall be a minimum planter with a net width of five (5') feet along all street frontages except at driveway openings. All planting areas shall have an “in place” irrigation system and shall be protected with six (6") inch wide concrete curbs.

(ii) Landscaping along street frontages shall provide screening to a height of three (3') feet.

(d) Service lanes.

(1) The outside service lane or the lane closest to the street line shall have a minimum width of fifteen (15') feet as measured from the face of the planter to the face of the pump island.

(2) Service lanes between two (2) pump islands shall have a minimum width of twenty (20') feet as measured from the inside face of the first pump island to the face of the second pump island.

(3) The service lane between the pump island and the building shall have a minimum width of fifteen (15') feet as measured from the face of the pump island to the face of the building sidewalk.

(e) Activities.

(1) Unless otherwise permitted in the district in which the automobile service station is located, automobile service stations shall be limited to the sale of motor vehicle fuels and lubricants, tires, batteries, accessory items and minor motor vehicle repair.

(2) All servicing shall be conducted in an enclosed building except that the following is permitted outside an enclosed building: pumping motor vehicle fluids, checking and supplementing various fluids, and mechanical inspection and adjustments not involving any disassembly.

(3) Any automobile washing, drying or vacuuming done by mechanical means shall not be located any closer than one hundred (100') feet from an R District without a Minor Discretionary Permit obtained as set forth in Article 3 of Chapter 9-5: TMC 9-5-300ART (Minor Administrative and Minor Discretionary Permits.).

(4) All automobile service stations, repair and washing shall comply with the noise standards contained in Article 3 of this chapter: Noise Standards.

(f) Outdoor storage. The outside storage or display of merchandise or equipment shall be prohibited, except that the following shall be permitted:

(1) Tire display. One (1) display rack per automobile service station. A maximum of twelve

(12) tires may be displayed on a service station site.

(2) Wiper display. Two (2) such wiper racks per automobile service station.

(3) Lubricant display. One (1) lubricant display per pump island.

(4) Vending machines. Three (3) per automobile service station.

(g) Signs. All signing and outside advertising shall be in accordance with Article 5 of this chapter: (Signs,), provided that automobile service stations and convenience gas markets shall be permitted to display the following additional signs:

(1) Price signs. A maximum of one (1) double-faced price sign per street frontage, of not more than twenty-five (25) square feet per face, and having a maximum height of six (6') feet. Such signs may only be used to indicate the actual current price of fuel.

(2) Pump-topper signs. A single or double-faced sign of not more than twelve (12") inches by twenty (20") inches, constructed of motionless materials and mounted to the top of a fuel pump and used for identifying products or services available on the premises. No more than one (1) pump-topper sign per pump shall be allowed.

(3) Island canopy sign. A sign, affixed to a canopy or other rigid roof structure directly above a pump island, the area of which shall not exceed fifteen (15) square feet per face. Island canopy signs shall be limited to one (1) such sign per automobile service station.

The following supplementary development regulations shall apply to the automobile service station, automobile repair, and automobile washing use classifications.

9-2-105 Building projections into yards.

Projections in Buildings, except accessory buildings or structures, may project into the required yards shall be permitted as follows:

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

(b) Porches, terracesTerraces, 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 varianceexception as defined in Chapter 5 of this TitleTMC 9-5-400ART.

(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) 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.

9-2-106 Development on existing lots of record.

(a) Any lot or parcel of land under one (1) ownership and of record on the date of adoption of this chapter title that has a width, depth, or area less than required for the district in which it is located, where no adjoining land is owned by the same person, may be developed subject to the same property development regulations as a standard lot.

(b) Any lot or parcel of land legally created after the date of adoption of this chapter title that has a width or area less than required for the district in which it is located may be developed subject to the same property development standards as a standard lot.

9-2-107 Development on lots divided by district boundaries.

Where a district boundary line divides a single parcel, the regulations applicable to each district shall be applied to the area of the parcel within that district. Uses and development regulations permitted in one (1) district may be extended into the portion of the parcel in the other district if authorized by an approved Minor Discretionary Permit as set forth in Article 3 of Chapter 9-5: TMC 9-5-300ART (Minor Administrative and Minor Discretionary Permits.).

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 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 Approvalminor administrative approval (MAA) as set forth in Article 3 of Chapter 9-5:TMC 9-5-300ART (Minor Administrative and Minor Administrative Approval.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 twenty-five (25%) percent of the district height limit or fifty (50') feet, whichever is greater, upon obtaining an approved Minor Administrative Approvalminor administrative approval (MAA) as set forth in Article 3 of Chapter 9-5:TMC 9-5-300ART (Minor Administrative and Minor Administrative Approval.Discretionary Permits).

(3) Any structure in an R District exceeding 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.

(b) In any C or I district.

(1) A structure may exceed the district height limit by twenty-five (25%) percent subject to approval of a Minor Discretionary Permitminor discretionary permit as set forth in Article 3 of Chapter 9-5:TMC 9-5-300ART (Minor Administrative and Minor Discretionary Permit.Permits). Any approval of such permit is subject to finding that adjoining properties will not be adversely affected by blockage of light, air or the intrusion on privacy.

(2) Any structure in a C or I district exceeding twenty-five (25%) percent of the district height

limit may be permitted upon approval of a Conditional Use Permitconditional use permit by the Planning Commission. as set forth in TMC 9-5-600ART (Conditional Use Permits).

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.

(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 DepartmentDivision prior to the occupancy of any building, unless other arrangements are agreed to by the Planning Director.

(1) Exceptions. The following shall be exempt from the provisions of this section:

(i) Yards and landscape areas for single family homes when not installed by the builder or developer prior to or as a condition of home sales.

(ii) Interior remodels, tenant improvements and demolitions.

(iii) Changes of use to any existing building.

(iv) Replacement or repair of existing plant material or irrigation systems in conjunction with routine maintenance of existing projects.

(v) Modifications or additions to existing structures which do not result in an increase of more than ten (10%) percent of the floor area, or 1,000 square feet, whichever is greater.

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 2,500 square feet requiring a building and/or grading permit;

iii) new construction and rehabilitated landscapes which are developer-installed in single-family and multi-family projects with a landscape area equal to or greater than 2,500 square feet requiring a building and/or grading permit;

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

v) any other projects that are determined to be applicable projects pursuant to the State of California Model Water Efficient Landscape Ordinance .(California Code of RegulationsTitle 23. WatersDivision 2. Department of Water Resources Chapter 2.7. Model Water Efficient Landscape Ordinance), 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; and

iii) Routine maintenance of existing landscaping.

(2) (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 chapter 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, non livingnonliving groundcover, a low percentage of turf coverage, permeable paving and water conserving irrigation techniques and systems.

(e) Process. The Community 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 DevelopmentEngineering Services DepartmentDivision for review and approval prior to

the issuance of any building permit ~~or as may~~ . (The plan shall be ~~required for~~prepared by a ~~site plan permit as set forth in Article 3~~person authorized by the State of ~~Chapter~~ ~~9-5~~ ~~TMC:~~ ~~Minor Administrative & Minor Discretionary Permits.~~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 Community Development Services Department shall review each project and proposed landscape plan (or self-certification checklist in the case of developer-installed landscaping for single-family homes) for compliance with the landscape and water conservation requirements.

(3) Alternative means of compliance. The Community 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:

Landscape Area Requirements
Zone District	Required Landscaping (% of site)
R-L/R-L4.5	30
R-M	30 (a)(d)
R-H	30 (a)(d)
C-O	25 15(c) (d)
C-C	10 (c) (d)
C-H	7.5 (c) (d)
C-T	7.5 (b)() (c) (d)
I-BP	7.5 (b) 5 ()(c)(d)
I	5 (c)(d)

(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 Community 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 10,000 square feet is to be developed in phases, the Community 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, setbacks, when 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. In industrial zoning districts, areas planted along a public right-of-way shall qualify as one and one-half (1.5) 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 Districts, 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 seventy-five (75fifty (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 non-porous surface material poured or laid in sections not exceeding one (1) square foot in area and collectively comprising less than two-thirds 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 non-permeable 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- 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.

(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.

(7) 8) Parking lot landscaping. Parking lots and parking structures shall be landscaped in accordance with TMC 9-2-200 ART.

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

(vi) 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.

(vii) All planting areas within or abutting a parking lot shall be protected with raised concrete curbs.

(8) (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 article. section. Landscaping within the right-of-way shall not be used when determining the required percentage of landscaping as required in this article.

(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 of this Code relating to street trees and in accordance with the street tree planting standards as established by the City Engineer.

(910) Driveway and corner visibility. All landscaping material shall be maintained in accordance with the provisions of Section 9-2-216:9-2-215: Driveway and corner visibility.

(10) 11) Landscaping along walls. All solid walls over three (3') feet in height that are adjacent to public streets or right-of-ways 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.

(11) 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.

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

(14) Model homes. 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 models entirely with water saving landscaping and irrigation in accordance with 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 Community Development Services Department or approved by the Community 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 such that it is clearly visible to buyers. The sign shall indicate that the model features a water saving landscape and irrigation design.

(ab) Interior Display. A drawing, or combination of drawings, shall be displayed inside each “"water saving”" model 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 yards. A brochure with the same information may be distributed with the sales information to potential buyers to satisfy this requirement.

(iv) Literature. Additional literature describing water conserving landscaping and irrigation shall also be made available to the potential buyer and displayed.

(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.

9-2-110 Family day care home.

(a) Small family day care home. No permit is required to operate a small family day care home and the use shall be considered an accessory use to a residence.

(b) Large family day care home. A permit shall be issued by the Community Development Services Director or his/her designee to operate a large family day care home upon the issuance of a minor administrative approval, as set forth in Article 3 of Chapter 9-5 TMC, 9-5- 300ART (Minor Administrative &and Minor Discretionary Permits,), upon finding that:

(1) Residency. The site is the principal residence of the operator and the day care is clearly incidental and secondary to the use of the property for residential purposes.

(2) General Plan and zoning compliance. The property complies with all applicable

General Plan policies and zoning regulations established in the Turlock Municipal Code (TMC).

(3) Spacing and concentration. The property is located at least three hundred (300') feet

from any other State licensed large family day care home on the same street, or a street that is aligned and connected with that street unless bisected by an arterial street or expressway.

(4) Traffic control. The family day care home would not adversely affect traffic and

circulation of the neighborhood, including but not limited to blocking driveways or requiring double parking to load and unload guests.

(5) Building modifications. The residential character and appearance of the dwelling does

not have to be altered in any way to accommodate the family day care use.

(6) Outdoor play areas. All outdoor play areas are clearly delineated through the use of

fences, landscaping or other materials constructed in accordance with applicable laws and regulations.

(7) Operator agrees to the following additional conditions of approval:

(i) Fire clearance. Prior to commencing the use, the operator shall obtain certification by

the Turlock Fire ServicesDepartment that the facility complies with the standards established by the State Fire Marshal as set forth in Title 24 of the California Code of Regulations.

(ii) Signage. The operator agrees not to erect any off- or on-premises signs for the

family day care home except as set forth in Article 5 of Chapter 9-2 TMC (Signs).TMC 9-2-500ART (Signs).

(iii) Noise control. The family day care home shall be operated in compliance with the City of Turlock noise regulations, Article 3 of Chapter 9-2 TMC 9-2-300ART (Noise Standards).

(iv) Outdoor play areas. The operator agrees to keep all activities related to the operation of the family day care on site at all times.

(v) Access to inspect. The property owner and/or operator shall allow the City to enter

the property to determine compliance with the conditions of the minor administrative approvalLarge Family Daycare permit during normal operating hours of the family day care home.

(vi) Compliance with laws and regulations. The day care operator acknowledges and agrees to comply with all applicable State, Federal and local laws and regulations. The operator shall provide evidence of compliance with State Department of Social Services requirements by providing a copy of the approved family day care license to the City prior to commencing operation of the family day care home. Upon revocation or denial of the State license, the permit issued pursuant to this section shall be automatically terminated.

minor administrative approval Large Family Daycare permit cannot be made, an application for a conditional use permit may be made as set forth in Article 6 of Chapter 9-5 TMC 9-5- 600ART (Conditional Use Permits and Variances), subject to the conditions of approval listed in this section and any other conditions established by the Planning Commission and/or City Council.

(d) Use of residential garage. Family day care operations are not permitted in the garage area

of a residence, except when the garage has been properly converted to habitable space through the issuance of a building permit and the space has met all applicable laws and regulations.

Prior to finalizing the building permit, the property owner shall record a restrictive use covenant stating that the converted garage shall be returned to its original state upon the cessation of the family day care use and/or the sale of the dwelling unit.

9-2-111 Mobile home development.

(a) Purpose. The purpose of this section is to establish the basis for evaluating the adequacy of a mobile home park in residential areas. Provisions are intentionally general with the intent of allowing flexibility and further detailed evaluation on a case-by-case basis.

(b) Permit required. Mobile home parks shall be deemed permitted land uses in all land planned and zoned for residential land uses as designated by the Turlock General Plan, except that a Conditional Use Permitconditional use permit must first be obtained in accordance with Article 6 of Chapter 9-5: TMC 9-5-600ART (Conditional Use Permits and Variances.).

(1) A mobile home park shall not be less than one (1) acre in size.

(2) A mobile home park development shall meet or exceed the minimum standards set forth

in the zoning district in which it is located. This includes, but is not limited to, density consistent with the Turlock General Plan, yards, distance between structures, height, usable open space, fences and walls, off-street parking and loading, signs, outdoor facilities, refuse storage areas, performance standards, nonconforming uses, and recreational vehicle

storage, except that such standards may be changed to allow for unique site design requirements for mobile home parks.

9-2-112 Outdoor storage.

(a) Vacant lots. No outdoor storage shall occur on any vacant parcel. No vehicles may be stored or displayed for sale on any vacant lot or at any vacant business location. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction.

(b) Residential districts. There shall be no visible storage of motor vehicles, trailers, airplanes, boats, or their composite parts unless in accordance with Section 9-2-114: Permitted locations of mobile homes, recreational vehicles, and campers. Loose rubbish, garbage, junk, or other receptacles; tents; or building or manufacturing materials in any portion of a residential lot shall not be permitted.

(c) Commercial districts. Unless otherwise permitted in this section, outdoor storage and display of merchandise, materials, or equipment, or the conduct of business outdoors, is prohibited unless authorized by a Minor Discretionary Permitminor discretionary permit issued in accordance with Article 3 of Chapter 9-5:TMC 9-5-300ART (Minor Administrative and Minor Discretionary Permits.). Unless specifically authorized, outdoor facilities shall not be located within the public right-of-way.

(d) Permitted exceptions. Outdoor storage or display of the following merchandise, materials, or equipment, or the conduct of business outdoors, is permitted subject to the following standards and conditions:

(1) Automobiles, boats, recreational vehicles and motorcycles. Outdoor storage and display shall be limited to vehicles or equipment offered for sale or rent only, excepting such vehicles in R Districts in accordance with Section 9-2-114: Permitted locations of mobile homes, recreational vehicles, and campers.

(e) Screening. A solid fence or wall shall be required for all uses requiring a screen. The height of merchandise, materials, and equipment stored or displayed shall not exceed the height of the screening fence or wall. The Community Development Services Director may require additional screening in highly visible areas and may impose reasonable restrictions on the type of storage or display or the location of outdoor storage and display areas to avoid adverse visual effects. All solid walls or fencing shall be landscaped in accordance with Section 9-2-109: Landscaping along wallsand irrigation.

9-2-113 Planned unit developments.

(a) Purpose. The purpose of the planned development standards and procedures is:

(1) To ensure orderly and thorough planning and review procedures that will result in quality urban design;

(2) To encourage variety and avoid monotony in developments by allowing greater freedom and flexibility with the use of alternative development standards;

(3) To provide a mechanism whereby the City may authorize desirable developments consistent with the Turlock General Plan;

(4) To encourage allocation and improvement of common open space in residential areas, and provide for maintenance of the open space at the expense of those who will directly benefit from it;

(5) To encourage the preservation of serviceable existing structures of historic value or artistic merit by providing the opportunity to use them imaginatively for purposes other than that for which they were originally intended; and

(6) To encourage the assembly of properties that might otherwise be developed in unrelated increments to the detriment of surrounding neighborhoods.

(b) Applicability. No uses or structures shall be permitted except the uses and structures approved under the planned development. Specifically, building elevations and detailed site plans including, but not limited to, the location of all proposed buildings, open space, landscaping, and parking areas shall be submitted with the application.

(c) Permit required. All planned developments shall be required to rezone the property to the appropriate Planned Development (PD) designation as provided in TMC 9-5-111 9-5-101 et seq.

(d) Conditions of approval. In granting any planned development district, the City of Turlock may impose conditions deemed necessary or desirable to maintain neighborhood compatibility and to protect the public health, safety, and welfare. The conditions of approval shall be imposed by resolution of the City Council upon a recommendation by the Planning Commission in conjunction with the planned development approval.

(e) Development regulations. Property development regulations applicable to each district shall govern as baseline regulations. Development may vary from the baseline provided all of the following findings can be made:

(1) Building and site designs are consistent with the Turlock General Plan and any other applicable plans and policies adopted by the Turlock City Council;

(2) The proposed changes are compensated for or mitigated by higher building or site development standards elsewhere on the site; and

(3) The proposed changes will not adversely affect adjoining properties.

(f) Development schedules (P-D). An application for a planned development district shall be accompanied by a development schedule indicating the anticipated date when construction of the project can be expected to begin, the anticipated rate of development, and the completion date. For good cause shown by the applicant, the Planning Commission may extend the time limits imposed by the development schedule.

(g) Expiration. Upon expiration of the approved development schedule for any planned development or one (1) year from the date of enactment if no schedule has been approved, the development rights and planned development zoning designation for the property shall be deemed expired and the designation shall automatically be rezoned to its underlying base zoning district.

(1) A planned development is valid as long as:

(i) The use has commenced; or

(ii) A building or construction permit has been issued by the Building Official or City Engineer and construction has started and diligently pursued toward completion of the project; or

(iii) Other equivalent permit activity has occurred which, in the opinion of the Community Development Services Director, demonstrates a good-faith effort to initiate construction or operation of the approved use.

(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 Community 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 of approval shall be reviewedfrom a conditional use permit approved by the Planning Commission pursuant to Article 6 of Chapter 9-5 TMC: 9-5-60