Accessory 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, and privacy for residential properties and compatibility with permitted structures. Second dwelling units (as defined in TMC 9-1-202) are not defined as accessory buildings and structures.
(a) 
Building permit required. A building permit from the Turlock Building and Safety Division is required for all accessory buildings and structures that are one hundred twenty (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 lots 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:
(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') feet in height shall not exceed one thousand (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 building on the property, it shall:
(i) 
Be made structurally a part of the main building (see TMC 9-1-202 defining "attached");
(ii) 
Share compatible architecture, materials, and surface textures with the primary building; and
(iii) 
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 standards:
(i) 
Yard setback measurement. Yard setbacks shall be measured from that portion of the building or structure that is closest to a property line.
(ii) 
Accessory structures greater than seven (7') feet in height, measured from the tallest point of the building or structure.
(aa) 
Yard setbacks except residential estate (R-E) district. The accessory building or structure shall be located a minimum of, except when located in the R-E district:
1. 
Rear yard: five (5') feet from the property line.
2. 
Interior side yard: five (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.
(ab) 
Yard setbacks in R-E district. In the R-E district, the accessory building or structure shall be located a minimum of:
1. 
Rear yard: ten (10') feet from the property line.
2. 
Interior side yard: ten (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.
(ac) 
Design standards. The accessory building or structure shall be constructed of compatible architecture, materials, and surface textures with the primary building.
(ad) 
Rear yard exception for public alleys. When a detached accessory 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 (1/3) of the width of the parcel.
(iii) 
Accessory structures 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 (b)(4)(ii) of this section when:
(aa) 
Located behind the front yard setback for the applicable zoning district; and
(ab) 
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
(ab) 
The entry feature is covering a walkway emphasizing the entry to the front door of a residence; and
(ac) 
The entry feature is not constructed of solid materials and shall not constitute a safety/visibility hazard to pedestrians or vehicles; and
(ad) 
The entry features do not exceed an overall height of eight (8') feet or a width of seven (7') feet; and
(ae) 
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') feet in height shall be subject to the requirements and conditions in subsection (b)(4) of this section.
(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 Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).
(ii) 
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 Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).
(c) 
Nonresidential accessory structures in commercial, industrial, and P-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 upon approval of a minor administrative approval.
(1) 
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.
(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 when all of the following conditions are met:
(i) 
The antenna shall be located directly adjacent to the building;
(ii) 
The antenna shall be located in the rear or interior side yard areas; and
(iii) 
The antenna shall be screened from view from the front of the building and public roadways.
(3) 
Location prohibited. No satellite dish antennas shall occupy a required parking space or adversely impact any vehicle circulation.
(4) 
Maximum height. The maximum overall height for any satellite dish antenna shall be twenty (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.
(5) 
Permit required. A minor administrative approval issued in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) shall be for all satellite dish antennas greater than three (3') feet in height in any C, I, or P-S district.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Purpose. The purpose of this 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 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 is shown specified sexual activities or exhibits or engages in partial or total nudity or otherwise exposes 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.
(c) 
Location and site requirements.
(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 an agricultural, residential, or commercial 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 shall be located in the I (industrial) and I-BP (industrial business park) zoning districts; 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, 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 Development Services Director or designee following the procedures set out in the following subsections, and those contained in TMC 9-5-307 through 9-5-312.
(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 Development Services 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 one thousand five hundred (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 Development Services Director 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 Development Services Director shall transmit the relevant parts of the permit application to all affected City departments and outside agencies for review, comments, and condition requirements.
(4) 
In considering an application for a permit pursuant to this 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 nonissuance of application may be appealed pursuant to Chapter 1-4 TMC.
(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 Development Services Director, stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the Development Services Director, 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 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 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 Chapter 1-4 TMC.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)
(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 Development Services 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.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)
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.
(c) 
Landscaping.
(1) 
All service stations shall provide minimum landscaping as required by this chapter (also see TMC 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 of an R district without a minor discretionary permit obtained as set forth in Article 3 of Chapter 9-5 TMC (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 approved in accordance with Article 5 of this chapter (Sign Regulations for Private Property).
(1207-CS, Rep&ReEn, 05/28/2015; 1237-CS, Amended, 12/28/2017)
Buildings may project into the required yards as follows:
(a) 
Fireplaces or chimneys. Two and one-half (2.5') feet.
(b) 
Terraces, platforms, decks, and subterranean garages. Six (6') feet into a front or rear yard and two (2') feet into a side yard. The length of any projection exceeding twenty-five (25%) percent of the building length for that area may be allowed only upon approval of a minor variance as defined in Article 4 of Chapter 9-5 TMC.
(c) 
Cornices, eaves, canopies, awnings, and ornamental features. Two and one-half (2.5') feet.
(d) 
Balconies and protruding windows. Five (5') feet into a front or rear yard and two (2') feet into a side yard, when constructed at least two (2') feet above grade.
(e) 
Stairs. Two and one-half (2.5') feet into a side yard and three (3') feet into a rear yard.
(f) 
Attached patio covers. In residential districts, five (5') feet into the required rear yard when the overall height of the patio cover structure is no greater than fifteen (15') feet measured from the grade of the attached dwelling unit to the highest point of the patio cover structure. The length of the patio cover structure that runs parallel to the rear property line and encroaches into the rear yard shall not exceed one-third (1/3) of the width of the parcel. This exception applies only to patio covers attached to a dwelling unit.
(g) 
Attached air conditioners, heating units, and other similar equipment accessory to a dwelling unit. In residential districts, two and one-half (2.5') feet into the side yard and five (5') feet into a rear yard when the maximum height of the equipment does not exceed seven (7') feet. An acoustical analysis demonstrating compliance with Chapter 5-28 TMC (Noise Standards) shall be required prior to the issuance of a building permit.
(h) 
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.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
(a) 
Any lot or parcel of land under one (1) ownership and of record on the date of adoption of this 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 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.
(c) 
No substandard lot as set forth above shall be further reduced in area or width.
(1207-CS, Rep&ReEn, 05/28/2015)
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 (Minor Administrative and Minor Discretionary Permits).
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
In any R district.
(1) 
Spires, cupolas, chimneys, radio and television antennas, and similar accessory structures shall be subject to setback regulations for the zoning district in which they are located. When such structure complies with the other development regulations stated for the zoning district and which do not exceed the district height limit by more than twenty-five (25%) percent or fifty (50') feet, whichever is greater, may be allowed upon obtaining an approved minor administrative approval (MAA) as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).
(2) 
Towers, water tanks, flagpoles, and other necessary mechanical appurtenances covering not more than ten (10%) percent of the ground area covered by the structure to which they are accessory may be permitted provided they do not exceed the district height limit by more than twenty-five (25%) percent or fifty (50') feet, whichever is greater, upon obtaining an approved minor administrative approval (MAA) as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).
(3) 
Any structure in an R district exceeding the district height limit by twenty-five (25%) percent 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 permit as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary 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 permit by the Planning Commission as set forth in Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016; 1231-CS, Amended, 04/13/2017)
The following City of Turlock landscape and irrigation ordinance shall be used in conjunction with the State of California Water Efficient Landscape Ordinance enacted pursuant to California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance. The City shall implement the ordinance and shall maintain an adapted version of the State ordinance for public distribution.
(a) 
Purpose and intent. The purpose and intent of this section is to establish landscaping regulations that are intended to:
(1) 
Enhance the aesthetic appearance of development in all areas of the City by providing standards relating to quality, quantity, and functional aspects of landscaping and landscape screening.
(2) 
Increase compatibility between residential and abutting commercial and industrial uses.
(3) 
Reduce the heat and glare generated by development.
(4) 
Establish a water conservation plan to reduce water consumption in the landscape environment using conservation principles.
(5) 
Protect public health, safety, and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening incompatible land uses, preserving the integrity of neighborhoods, and enhancing pedestrian and vehicular traffic and safety.
(6) 
Encourage the incorporation of low impact development design standards for storm water retention and treatment within the landscape areas.
(b) 
Applicability. All development in the City shall comply with the provisions of this section which establishes the criteria for the preparation of landscape and irrigation plans required by this section. All required landscaping shall be installed by the developer and approved by the Planning Division prior to the occupancy of any building, unless other arrangements are agreed to by the Director. Landscaping installed by a developer or public agency within the public right-of-way shall be reviewed by the Planning Division and the Department of Parks, Recreation, and Public Facility Maintenance prior to the issuance of an encroachment or grading permit. In residential areas, developer-installed front yard landscaping shall be installed prior to final occupancy. In residential areas, owner-installed front yard landscaping shall be installed prior to final occupancy unless a deferral agreement has been entered into with the City and recorded on the property. Public agency and private development projects are subject to the requirements of this section.
(1) 
Applicable projects. The following shall be subject to the provisions of this section:
(i) 
New construction and rehabilitated landscapes 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 projects with an aggregate landscape area equal to or greater than five hundred (500) square feet requiring a building permit, encroachment, and/or grading permit;
(iii) 
Rehabilitated landscape projects with an aggregate landscape area equal to or greater than two thousand five hundred (2,500) square feet requiring a building permit, encroachment, and/or grading permit; or
(iv) 
Any other projects that are determined to be applicable projects pursuant to the State of California Model Water Efficient Landscape Ordinance (California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance) or Office of the Governor Executive Orders, as may be amended from time to time.
(2) 
Exempt projects. This section does not apply to:
(i) 
Interior remodels, tenant improvements, and demolitions;
(ii) 
Changes of use to any existing building that does not require a discretionary permit; and
(iii) 
Routine maintenance of existing landscaping.
(c) 
Statutory authority in case of conflicting provisions. Nothing in this section shall be deemed to affect, annul, or abrogate any other laws or ordinances pertaining or applicable to the properties and areas affected by this section.
(d) 
Water conservation definition. "Water conservation" shall mean a combination of landscape features and techniques that in the aggregate reduce the demand for and consumption of water, including appropriate low water using plants, nonliving ground cover, a low percentage of turf coverage, permeable paving, and water conserving irrigation techniques and systems in accordance with the State of California Model Water Efficient Landscape Ordinance (California Code of Regulations Title 23, Waters, Division 2, Department of Water Resources, Chapter 2.7, Model Water Efficient Landscape Ordinance) or Office of the Governor Executive Orders, as may be amended from time to time.
(e) 
Process. The Development Services Director shall establish a format for plans and any other procedural guidelines for submittal as deemed necessary.
(1) 
Plans required. Plans for the development of required landscaping shall be submitted to the Engineering Services Division or the Building and Safety Division for review and approval prior to the issuance of any building permit. (The plan shall be prepared by a person authorized by the State of California to sign and stamp landscape design drawings or the contractor completing the work.) Where special conditions of design warrant, modifications may be submitted for consideration.
(2) 
Plan review and approval. The Development Services Department shall review each project and proposed landscape plan for compliance with the landscape and water conservation requirements.
(3) 
Alternative means of compliance. The Development Services Director may allow alternative means of complying with the requirements in this section provided the alternative achieves results comparable to those achieved through strict application of the provisions of this section.
(f) 
Development standards.
(1) 
Required. In the following designated districts, not less than the stipulated percent of gross site area shall be landscaped in accordance with this section:
Landscape Area Requirements
Zone District
Required Landscaping (% of site)
R-L/R-L4.5
30 (b)
R-M
30 (a) (b) (d)
R-H
30 (a) (b) (d)
C-O
15 (b) (c) (d)
C-C
10 (b) (c) (d)
C-H
7.5 (b) (c) (d)
C-T
7.5 (b) (c) (d)
I-BP
7.5 (b) (c) (d)
I
5 (b) (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 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.
(c) In commercial and industrial districts, where a lot larger than ten thousand (10,000) square feet is to be developed in phases, the Development Services Director may determine that only the developed portion of the site need be landscaped. Provision shall be made, however, to insure that the landscape requirement can still be met upon full development of the site. This exception shall not apply to any setback along a public street which shall be landscaped upon the initial development of the site. Unlandscaped areas shall be continuously maintained free of weeds, litter, and debris, and shall not become a source of nuisance to adjoining property.
(d) A required "landscape strip" (per the City General Plan "Typical Street Elements and Widths") abutting the front or corner side yard may be counted toward the landscaping requirement when maintained by the private property owner. Commercial districts shall maintain a minimum landscaped building setback of ten (10') feet from the back of the public sidewalk when the lot is adjacent to a public street, except as otherwise provided in an applicable specific or master plan.
(2) 
Determination of landscaped areas. In determining landscaped areas, landscaped areas in the setback, private patios, and all other areas not occupied by buildings, parking lots, vehicle storage areas, and driveways shall be included. Areas occupied by clubhouses, recreation buildings, pools, saunas, inter-walkways, and similar amenities may be included as landscaped areas. Planned landscaping areas within the public right-of-way may be included in the landscaped area provided the landscaped area is maintained as part of the property and abuts landscaped area located on the property. In industrial zoning districts, areas planted along a public right-of-way shall qualify as one and one-half (1-1/2) times the area toward the overall required landscaping area.
(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) 
For all commercial, industrial and multifamily projects, plant materials shall be sized and spaced to achieve immediate effect and shall normally not be less than twenty-four (24") inch box for parking lot shade trees, fifteen (15) gallon container for trees, five (5) gallon container for shrubs, and a one (1) gallon container for mass planting. Non-turf areas, such as shrub beds, shall be top dressed with a bark chip mulch or approved alternative.
(iii) 
Turf shall be limited to twenty-five (25%) percent of the total landscaped area in all C and I districts. In residential districts turf shall not exceed fifty (50%) percent of the total landscaped area.
(aa) 
"Permeable paving"
shall mean a paving material that permits water penetration to a soil depth of eighteen (18") inches or more, including nonporous surface material poured or laid in sections not exceeding one (1) square foot in area and collectively comprising less than two-thirds (2/3) of the total surface area of the lot and loosely laid materials such as crushed stone or gravel.
(ab) 
"Hardscape"
shall mean areas covered with nonpermeable paving, including buildings and other structures, parking lots, driveways, and walkways.
(4) 
Landscape irrigation. Provisions shall be made for a permanent "in place" irrigation system to all landscaped areas required herein, including street tree wells. All new irrigation systems shall use xeriscape principles including such techniques and materials as low precipitation sprinkler heads, bubblers, drip irrigation systems, timing devices, and moisture sensors. All irrigation systems must be designed to minimize overspray onto impervious surfaces, such as buildings, 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 area less than ten (10') feet in diameter shall be planted using a deep root planter in accordance with the adopted Turlock Standards, Specifications and Drawings. Trees, shrubs, and vines should have body and fullness that is typical of the species.
(iii) 
All ground cover should be healthy, densely foliated, and well rooted cuttings, or one (1) gallon container plants.
(iv) 
The spacing of trees and shrubs should be appropriate to the species used. The plant materials should be spaced so that they do not interfere with the adequate lighting of the premises or restrict access to emergency apparatus such as fire hydrants or fire alarm boxes. Proper spacing should also insure unobstructed access for vehicles and pedestrians in addition to providing clear vision of the intersections from approaching vehicles. Plant material should conform to the following spacing standards:
(aa) 
A minimum of twenty-five (25') feet from the property corner at a street intersection to the center of the first tree or large shrub.
(ab) 
A minimum of fifteen (15') feet between center of trees and large shrubs to light standards.
(ac) 
A minimum of fifteen (15') feet between center of trees or large shrubs and fire hydrants.
(ad) 
A minimum of fifteen (15') feet from the intersection of a driveway with a street right-of-way to the center of any tree having a diameter larger than eighteen (18") inches at maturity or large shrub.
(6) 
Protective barrier. All planting areas abutting a paved or concrete surface shall be protected with raised concrete curbs. All planting areas abutting undeveloped areas shall be protected by either a raised concrete or timber barrier. Openings shall be allowed in the barrier to allow storm water run-off to enter landscaped areas.
(7) 
Maintenance. Required planting areas shall be permanently maintained. As used in this section, "maintained" includes: watering, weeding, pruning, insect control, and replacement of plant materials and irrigation equipment as needed to preserve the health and appearance of plant materials.
(8) 
Parking lot landscaping. Parking lots and parking structures shall be landscaped in accordance with Article 2 of this chapter.
(9) 
Landscaping in rights-of-way. All land area within the public right-of-way adjoining all sides of any parcel or building site that is not otherwise covered with a building, structure, paving, or similar impervious surface shall be landscaped and maintained in conjunction with the landscaping installed on the adjoining property as regulated in this section. Planned landscaping within the public right-of-way may be used toward determining the required percentage of landscaping as required in this article provided the landscaped area is maintained as part of the property and abuts landscaped area located on the property.
(i) 
Design. The design of the landscaping of the public right-of-way shall be included in the landscape plan and meet the requirements set forth in this section. Adequate space shall be provided in the landscape area to allow free, unrestricted growth and development of the landscaping and street trees.
(ii) 
Street trees. Street trees shall be planted in accordance with the Theme Street List or as otherwise set forth in Article 5 of Chapter 7-7 TMC relating to street trees and in accordance with the street tree planting standards as established by the City Engineer.
(10) 
Driveway and corner visibility. All landscaping material shall be maintained in accordance with the provisions of TMC 9-2-215: Driveway and corner visibility.
(11) 
Landscaping along walls. All solid walls over three (3') feet in height that are adjacent to public streets or rights-of-way shall comply with one (1) of the following:
(i) 
Be fully landscaped with vines and/or other plant materials to prevent the placement of graffiti. All landscaping shall include the installation of a permanent irrigation system.
(ii) 
If not landscaped, shall be constructed of split-face concrete, brick, or some other type of material that will discourage the placement of graffiti.
(12) 
Landscape screening of R properties. Where a commercial or industrial site adjoins an R district, screening which is at least seventy-five (75%) percent opaque shall be provided. Where fences are required, such fencing shall be landscaped as appropriate.
(13) 
Landscape screening of above-ground equipment. An average three (3') foot high continuous screen shall be provided for all above-ground equipment and utilities greater than two (2') feet in height.
(14) 
Model homes. For all single-family residential developments, front yard landscaping shall be installed by the developer in all model homes. To promote landscape water conservation through education, the front yard landscaping shall consist entirely of water conservation landscaping and irrigation meeting the following requirements:
(i) 
Plant materials. Each model home to be landscaped shall contain exclusively low water use plant materials.
(ii) 
Irrigation system. Each model home shall contain exclusively an irrigation system that provides a high efficiency in water application according to site conditions.
(iii) 
Signs. Each development with 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 model home such that it is clearly visible to buyers. The sign shall indicate that the model home features a water conservation landscape and irrigation design and shall comply with the State of California Model Water Efficient Landscape Ordinance.
(ab) 
Interior display. A drawing, or combination of drawings, shall be displayed inside each model home or the sales office which provides a schematic of the landscape. These drawings shall include a key identifying the common name of the plants used in the model home yards. A brochure with the same information shall be distributed with the sales information to potential buyers to satisfy this requirement.
(iv) 
Literature. Additional literature describing water conservation landscaping and irrigation shall also be made available to the potential buyer and displayed. The literature shall include information about designing, installing, managing and maintaining water conservation landscapes.
(15) 
Landscaping along Highway 99. Wherever property abuts Highway 99, a minimum ten (10') foot deep landscaped bed shall be installed. In cases where the property is part of an approved master or specific plan, the plan document takes precedence over the standards contained in this landscape ordinance. In all cases, the landscaped bed shall include a combination of trees, shrubs, and ground cover.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
(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 permit must first be obtained in accordance with Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).
(c) 
General requirements.
(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.
(1207-CS, Rep&ReEn, 05/28/2015)
(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 TMC 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 permit issued in accordance with Article 3 of Chapter 9-5 TMC (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 TMC 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 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 TMC 9-2-109, Landscaping and irrigation.
(1207-CS, Rep&ReEn, 05/28/2015)
(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 9-5-101 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 (PD). 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 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 Development Services Director.
(2) 
Amendments involving major site modifications, expansions of up to twenty-five (25%) percent of gross land area or floor area, changes in use resulting in equal or lesser intensity than previously approved, time extensions, and/or a change in conditions from a conditional use permit approved by the Planning Commission pursuant to Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).
(3) 
Amendments involving expansions that are greater than twenty-five (25%) percent of gross land area or floor area, changes in use resulting in greater intensity than previously approved, and changes that will result in a significant impact upon adjacent properties shall be reviewed by the City Council, upon a recommendation by the Planning Commission.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
(a) 
For the purposes of this section, unless otherwise apparent from the context, the following words and phrases are defined as follows:
(1) 
"Utility trailer"
shall mean and include a vehicle without motive power, not exceeding twenty (20') feet in length, eight (8') feet in width, and thirteen and one-half (13-1/2') feet in overall height, designed so that it can be drawn behind a motor vehicle in accordance with the California Vehicle Code. A private utility trailer, as defined herein, is considered incidental to the owner's residential use of a property. It is not intended to mean truck trailers that would be a single or double trailer to be pulled behind a commercial vehicle or similar tractor-truck vehicle.
(2) 
"Boat"
shall mean a vehicle for traveling in or on water, not exceeding forty (40') feet in body length, eight (8') feet in width, or thirteen and one-half (13-1/2') feet in overall height. The height shall include the trailer if the boat is mounted on a trailer. A vehicle meeting this definition, except for size, shall not be deemed to be incidental to a dwelling unit and not permitted to park in residential areas except as allowed herein.
(b) 
Recreational vehicles, utility trailers, boats, and boat trailers: Permitted locations. A recreational vehicle, utility trailer, or boat and boat trailer is permitted to be placed, kept, or maintained within the City in the following areas or locations:
(1) 
In all residential zones.
(i) 
Parking is permitted inside any enclosed accessory structure or carport, which structure otherwise conforms to the zoning requirements of the particular R zone where located.
(ii) 
Parking shall take place upon a paved driveway or pad designed and installed for such intended use that complies with the requirements, restrictions, and conditions constructed in accordance with TMC 9-2-207, Parking in the R districts.
(iii) 
Parking is permitted outside in the interior side yard or rear yard provided it is not closer than four (4') feet to any parcel line or lot line and does not block the only window that can be opened or door of a room used for human habitation. Recreational vehicles, utility trailers, boats, boat trailers, and campers under seven (7') feet in height are not subject to this limitation when they are not located in the front yard and are screened by a solid fence seven (7') feet in height.
(iv) 
Parking is permitted within the front yard or corner side yard only when the following conditions exist:
(aa) 
Space is not available in the rear yard or side yard, or there is no reasonable access to either the side yard or rear yard (a corner lot is always deemed to have reasonable access to the rear yard and a fence is not necessarily deemed to prevent reasonable access); or
(ab) 
Interior parking is not possible anywhere on the property.
(ac) 
In such cases, the following regulations shall govern the front or corner side yard parking of such a vehicular unit:
1. 
No part of the unit shall impede safe pedestrian circulation on the public sidewalk or public thoroughfare (right-of-way) or block corner visibility for pedestrians or motorists; and
2. 
The unit shall be owned by the resident on whose property the unit is parked for storage; and
3. 
The unit shall be no closer than two and one-half (2.5') feet to any parcel line or lot line.
(2) 
In all nonresidential areas.
(i) 
Only within an existing mobile home or travel trailer park development, except for commercial storage, sale, or business uses, as permitted in such nonresidential zone.
(c) 
Recreational vehicles, boat, and boat trailers: Temporary occupancy, uses, or parking. The temporary occupancy, use, or parking of any recreational vehicle, boat, and boat trailer beyond that described above shall only be permitted in the City as described below:
(1) 
Temporary overnight sleeping is permitted within a recreational vehicle on property in a residential area for a maximum of fourteen (14) days in any one (1) calendar year provided, however, cooking shall not be permitted at any time. Any temporary occupancy of a utility trailer is prohibited at all times.
(2) 
Any temporary connections to electrical utilities or water service for such units is permitted only for charging batteries and water tanks for a period not to exceed seventy-two (72) hours or other incidental or temporary uses as permitted herein. Any permanent connection to sewer lines, water lines, or electricity is prohibited.
(3) 
The temporary parking for such a unit anywhere on the premises is permitted during active loading or unloading, including the temporary use of electricity or propane fuel, when it is necessary to prepare such a unit for a temporary recreational use, but not to exceed seventy-two (72) hours.
(d) 
Owner permission required. Notwithstanding the provisions of subsection (c) of this section, it shall be unlawful for any person to place, keep, maintain, or occupy, or permit to be placed, kept, maintained, or occupied, any mobile home, recreational vehicle, utility trailer, boat or boat trailer, or camper upon any lot, piece, parcel of land, or upon any street, highway or other public right-of-way without the permission of the private property owner or prior written permission of the public entity.
(e) 
Occupancy on public streets, alleys, or rights-of-way prohibited. It shall be unlawful for any person to occupy, or permit to be occupied, for dwelling purposes any mobile home, recreational vehicle, travel trailer, camp car, or camper upon any street, highway, or other public right-of-way without the prior written permission of the Chief of Police, or his or her designee.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
(a) 
Purpose. The purpose of the recycling and solid waste disposal regulations is to:
(1) 
Ensure the provision of adequate locations, compatible with surrounding land uses, for the collection, separation, processing, and shipping of recyclable materials including newspapers, plastic, glass, and aluminum;
(2) 
Regulate the location of recycling and trash containers and enclosures in order to provide adequate, convenient space for the collection, storage, and loading of recycled materials at multifamily residential, commercial, and industrial land use sites;
(3) 
Increase the recycling of reusable materials consistent with statewide goals to reduce solid waste disposal; and
(4) 
Decrease the impact of the consumption of renewable and nonrenewable resources on the environment.
(b) 
Applicability.
Applicability of Recycling and Solid Waste Disposal Regulations
Zoning District
Applicability
R
4 or more dwelling units
C
All development (a)
I
All development
PS
All development
(a) For residential development in C districts, applies only to four (4) or more multifamily dwellings
(c) 
New development regulations.
(1) 
Materials, construction, design, and location.
(i) 
The enclosure shall comply with the City of Turlock Standards and Specifications for construction and materials.
(ii) 
Each recycling and trash enclosure shall be designed to allow walk-in access without having to open the main enclosure gate.
(iii) 
The property owner shall supply and maintain adequate bins and containers for recycling and waste disposal.
(iv) 
Whenever feasible, the recycling collection area and the trash collection area shall be adjacent to one another and in one (1) enclosure.
(v) 
Whenever feasible, the recycling or trash enclosure shall be located to minimize visual impacts on adjacent uses, public parks, and public right-of-way, and to reduce noise and odor impacts on adjacent residential areas, public parks, and other sensitive receptors as defined by the San Joaquin Valley Air District.
(2) 
Landscaping. A two (2') foot perimeter surrounding each recycling and trash enclosure, exclusive of access to the enclosure, shall be planted with landscaping and vines to discourage graffiti.
(3) 
Setbacks. No recycling or trash enclosures shall be located in any front or corner side yard. When located on a property in an R district or on a property abutting an R district, a minimum setback shall be provided as follows: front yard and corner side yard: fifteen (15') feet; rear yard: fifteen (15') feet; side yard: ten (10') feet.
(4) 
Deviation from standards. The Development Services Director may permit deviations from these standards, when the application of these standards prevents development of the parcel, upon approval of a minor administrative approval in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).
(d) 
Existing development guidelines. The following guidelines shall apply to all existing development in R, C, I and P-S districts.
(1) 
Existing trash enclosures. If existing development has an existing trash enclosure, any recycling containers shall be located inside the trash enclosure. If it is not possible to locate the required recycling containers in the trash enclosure, the recycling containers shall be located adjacent to the trash enclosure and shall be appropriately screened.
(2) 
No existing trash enclosures. If the existing development does not have an existing trash enclosure, any recycling containers shall be located adjacent to the existing trash facilities and shall be appropriately screened in accordance with subsection (c)(1) of this section.
(3) 
Waiver of parking, landscaping areas, or open space requirement. In order to meet any recycling and trash enclosure requirements, an existing development may use one (1) parking space, landscaping area, or open space for the location of the recycling containers if the Development Services Director can find that the loss of parking, landscaping area, or open space will not have any adverse effect on the need for such areas or the aesthetics of the existing development. Such a waiver shall be obtained in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).
(4) 
Setbacks. No recycling or trash enclosures shall be located in any front or corner side yard.
(e) 
Exceptions. The Development Services Director may grant exceptions to this section when the Director finds that existing conditions prevent its practical application upon approval of a minor administrative approval in accordance with Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits).
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
(a) 
Purpose. The purpose of the recycling facilities standards and regulations is to establish regulations governing recycling, consistent with the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 and its amendments.
(b) 
Definitions.
(1) 
"Bulk reverse vending machine"
shall mean a reverse vending machine designed to accept more than one (1) container at a time and to compute the refund or credit due on the basis of weight.
(2) 
"Collection facility, large"
shall mean a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public occupying more than five hundred (500) square feet and may include permanent structures as well as mobile units, bulk reverse vending machines, and kiosk-type units.
(3) 
"Collection facility, small"
shall mean a center for the acceptance by donation, redemption, or purchase of recyclable materials from the public occupying less than five hundred (500) square feet which may include:
(i) 
A mobile unit;
(ii) 
Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet;
(iii) 
Kiosk-type units that may include permanent structures; or
(iv) 
Unattended containers placed for the donation of recyclable materials.
(4) 
"Processing facility"
shall mean a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, or remanufacturing.
(5) 
"Processing facility, heavy"
shall mean a processing facility other than a light processing facility.
(6) 
"Processing facility, light"
shall mean a processing facility occupying less than fifty thousand (50,000) square feet and including equipment for baling, briquetting, crushing, compacting, grinding, shredding, or sorting of source-separated recyclable materials, except ferrous metals other than food and beverage containers, and repairing of reusable materials.
(7) 
"Recyclable material"
shall mean material including, but not limited to, metals, glass, plastic, and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials, but may include used motor oil collected and transported in accordance with Section 25250.11 of the California Health and Safety Code.
(8) 
"Recycling facility"
shall mean a center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. On-site storage containers or processing facilities used solely for the recycling of material generated by residential property, business, or manufacturer are not recycling centers for the purposes of this section.
(9) 
"Reverse vending machine"
shall mean an automated mechanical device that accepts at least one (1) or more types of empty beverage containers including aluminum cans, glass, and plastic bottles, and issues a cash refund or a redeemable credit slip. A reverse vending machine may sort and process containers mechanically; provided, that the entire process is enclosed within the machine.
(10) 
"Single-fee revenue vending machine"
shall mean a reverse vending machine designed to accept individual containers one (1) at a time.
(c) 
Permits required. No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a permit as follows:
Recycling Facility Permit Requirements
Type of Facility
Districts Permitted
Permit Required
Bulk reverse vending machine
and small collection
Large collection
Light processing
Heavy processing
 
All C, I, and P-S
C-H and I
I
I
 
Zoning Clearance
Minor Discretionary Permit
Minor Discretionary Permit
Conditional Use Permit
(d) 
Permits for multiple sites. The Development Services Director may grant a single site plan permit in accordance with the procedures for a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) to allow more than one (1) bulk reverse vending machine or small collection facility located on different sites under the following conditions:
(1) 
The operator of each of the proposed facilities is the same;
(2) 
The proposed facilities are determined by the Director to be similar in nature, size, and intensity of activity; and
(3) 
All the applicable criteria and standards set forth in this section are met for each proposed facility.
(e) 
Design criteria and standards.
(1) 
Reverse vending machines.
(i) 
No machine shall obstruct pedestrian or vehicular circulation.
(ii) 
No required parking space shall be occupied.
(iii) 
Each machine shall be clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
(iv) 
The maximum sign area is four (4) square feet per machine, exclusive of operating instructions.
(v) 
Adequate nighttime lighting shall be provided.
(vi) 
No machine located within three hundred (300') feet of an R district shall be visible from residences or public right-of-way located in an R district.
(2) 
Small collection facilities.
(i) 
Small collection facilities shall be no larger than five hundred (500) square feet, shall be set back at least ten (10') feet from a front or side property line, and shall not obstruct pedestrian or vehicular circulation.
(ii) 
No power-driven processing equipment shall be used except for reverse vending machines.
(iii) 
All containers shall be constructed and maintained with durable waterproof and rustproof material, covered when the site is not attended, secured from unauthorized entry or removal of material, and of a capacity sufficient to accommodate materials collected.
(iv) 
All recyclable material shall be stored in containers or in a mobile unit vehicle.
(v) 
Attended facilities located within one hundred (100') feet of the boundary of an R district shall operate only between 9:00 a.m. and 7:00 p.m.
(vi) 
Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall be clearly marked identifying the name and telephone number of the facility operator, the hours of operation, and a notice stating that no material shall be left outside the recycling containers.
(vii) 
The maximum sign area shall be sixteen (16) square feet exclusive of informational requirements and operational instruction. Directional sign bearing no advertising message may be installed with the approval of the Development Services Director if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.
(viii) 
No additional parking spaces will be required for customers of a small collection facility located at the established site of a host use. One (1) space will be provided for the attendant, if needed.
(ix) 
No required parking spaces shall be occupied by the facility.
(3) 
Large collection facilities.
(i) 
A large collection facility shall be located at least three hundred (300') feet from an R district.
(ii) 
Each facility shall be in an enclosed building or within an area enclosed by a solid masonry wall at least eight (8') feet in height with landscaping.
(iii) 
Six (6) parking spaces shall be for customers and one (1) parking space shall be provided for each commercial vehicle operated by the recycling facility.
(iv) 
Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material may be allowed if noise mitigation and other conditions are met.
(4) 
Processing facilities (light and heavy processing).
(i) 
Processors will operate in a wholly enclosed building except for incidental storage, or within an area enclosed on all sides by an opaque fence or wall not less than eight (8') feet in height and landscaped on all street frontages and shall be located at least five hundred (500') feet from an R district except that such facilities may be located closer provided a conditional use permit is obtained in accordance with Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).
(ii) 
Power-driven processing shall be permitted provided all noise-level requirements are met in accordance with Article 3 of this chapter (Noise Standards). Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source-separated recyclable materials and repairing of reusable materials.
(5) 
All collection and processing facilities.
(i) 
No facility shall occupy a required front or corner side yard, and all regulations applicable to the principal structure on the site shall apply to collection and processing facilities except as provided in this section.
(ii) 
Facilities shall be designed to be compatible with the architectural character of adjacent structures.
(iii) 
A large collector or processing facility may accept used motor oil for recycling from the generator in accordance with Section 25250.11 of the California Health and Safety Code.
(iv) 
All exterior storage of material shall be in sturdy containers or enclosures that are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material. Any outdoor storage containers or materials shall not exceed the height of any screening fence or wall within seventy-five (75') feet of such fence or wall.
(v) 
All facilities shall be administered by on-site personnel during hours the facility is open. If a processing facility is located within five hundred (500') feet of an R district, it shall not be in operation between 7:00 p.m. and 7:00 a.m. unless such operating hours are extended by a conditional use permit issued in accordance with Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).
(vi) 
Any containers provided for after-hours donation of recyclable materials shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.
(vii) 
Containers shall be clearly marked to identify the type of material that may be deposited. There shall be displayed a notice stating that no material shall be left outside the recycling containers. All materials shall be kept in the containers to prevent creating a litter nuisance at the site or on any adjacent properties.
(viii) 
Sign requirements shall be those provided for in the zoning district in which the facility is located. In addition, each facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Purpose. The purpose of the salvage and wrecking operations standards and regulations is to provide opportunities for locating salvage and wrecking operations in industrial areas so as not to have an adverse impact on adjacent land uses or groundwater supplies.
(b) 
Design criteria and standards.
(1) 
Salvage and wrecking operations shall not be located any closer than five hundred (500') feet from any A, R, C (except C-H), or P-S district or any such land so designated in the Turlock Area General Plan.
(2) 
Salvage and wrecking operations shall be conducted wholly within an area enclosed by a solid masonry wall at least eight (8') feet in height unless located on an industrial zoned property that abuts industrial zoned properties on all sides.
(3) 
Any outdoor storage shall not exceed the height of the solid masonry wall within seventy-five (75') feet of such wall.
(4) 
No hazardous substances or hazardous wastes, as defined in 42 U.S.C. Section 9601(14), shall be released on, under, or about the site and no material shall be discharged on, under, or about the site that could affect the quality of the ground or surface waters within the meaning of the California Porter-Cologne Water Quality Act, as amended, Water Code Section 13000, et seq. For the purpose of this section, "release" shall have the meaning provided for in 42 U.S.C. Section 9601(22).
(1207-CS, Rep&ReEn, 05/28/2015)
Exterior mechanical equipment, except solar collectors affixed to the roof and residential utility meters, shall be screened from public view on all sides. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, duct work, and transformers. Satellite dish antennas and microwave equipment shall be screened in accordance with TMC 9-2-101, Accessory buildings or structures.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Purpose. The purposes of this article are to:
(1) 
Implement California Government Code Sections 65852.2 and 65852.22 for the development of accessory dwelling units to increase the supply of smaller and more affordable residential units;
(2) 
Provide for residential infill development that will maintain the scale of surrounding homes;
(3) 
Implement the goals of the General Plan Housing Element to facilitate production of housing to accommodate Turlock's fair share of the regional housing demand; and
(4) 
Increase the overall supply and range of housing options in the city.
(b) 
Definitions.
(1) 
An accessory dwelling unit (ADU) is an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence as defined in California Government Code Sections 65852.2 and 65852.22.
(2) 
A junior accessory dwelling unit (JADU), also known as an efficiency unit, is a unit that is no more than five hundred (500) square feet in size and contained entirely within an existing or proposed single-family residence.
(c) 
Required standards. Any application for an accessory dwelling unit (ADU) or junior accessory unit (JADU) that meets the following location and development standards shall be processed ministerially and shall not require a discretionary zoning permit per California Government Code Section 65852.2.
(1) 
Zoning. The lot is zoned for residential or mixed-use development and includes a proposed or existing dwelling.
(2) 
Location on a lot. The accessory dwelling unit can either be attached to the primary residential dwelling unit, located within the proposed or existing primary residential unit, including an attached garage, storage area, or similar space, or in an accessory structure, or detached from the proposed or existing primary dwelling unit if located on the same lot as the primary residential dwelling unit.
(3) 
Subdividing. No lot with an accessory dwelling unit shall be subdivided so that an accessory dwelling unit is on a separate lot from the primary dwelling with which it is associated except as provided in California Government Code Section 65852.26.
(4) 
Number per lot. More than one (1) accessory dwelling unit may be located on any lot, subject to compliance with all of the applicable requirements of this chapter. Specifically, the following are permitted:
(i) 
One (1) ADU and one (1) JADU on a lot with a proposed or existing single-family dwelling if the JADU is within the primary dwelling structure and the ADU is located either within the existing dwelling, in an addition to the existing dwelling, or in a detached structure;
(ii) 
Up to two (2) ADUs in detached structures on the same lot as an existing multifamily residential building;
(iii) 
One (1) ADU or more created through conversion of existing nonhabitable space within a multifamily residential building as long as the total number of accessory units including up to two (2) allowable detached units does not exceed twenty-five (25%) percent of the total number of units within the building.
(5) 
Unit size. The floor area of an accessory dwelling unit within the living area or structure of the primary residential dwelling unit or attached to the primary residential dwelling unit shall not exceed fifty (50%) percent of the total floor area of the primary residential unit. The floor area of a detached accessory dwelling unit shall not exceed one thousand two hundred (1,200) square feet. Junior accessory dwelling units shall not contain less than one hundred fifty (150) square feet. An ADU created within an existing accessory structure may be expanded up to one hundred fifty (150) square feet to meet minimum ingress and egress requirements for fire and safety without application of local development standards. This exception does not apply to a JADU within the walls of a primary residential structure.
(6) 
Development standards. Except as modified by this subsection, accessory dwelling units and junior accessory dwelling units shall conform to all requirements of the underlying residential zoning district, any applicable overlay district, and all other applicable provisions of this Zoning Code including, but not limited to, height, setback, site coverage, and residential development standards and objective design criteria.
(i) 
No physical improvements shall be required to correct nonconforming zoning conditions or public improvements beyond what State law requires for creation of an ADU.
(ii) 
New detached ADU structures are subject to the State Energy Code requirement for installation of solar panels.
(iii) 
An ADU created within a residential structure that is required to have fire sprinklers must also install sprinklers. This requirement applies to ADUs created on lots with multi-unit residential structures when the multi-unit structure is served by fire sprinklers.
(7) 
Height. Accessory dwelling units shall comply with the following standards:
(i) 
New detached accessory dwelling units may not exceed sixteen (16') feet in height with the following exceptions:
(aa) 
A detached accessory dwelling unit on a lot with an existing or proposed single-family or multifamily dwelling unit located within one-half of one-mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in California Public Resources Code Section 21155 may be up to eighteen (18') feet in height. A height of up to twenty (20') feet is allowed to have a roof pitch on the accessory dwelling unit that is aligned with the roof pitch of the primary dwelling unit.
(ab) 
A detached accessory dwelling unit on a lot with an existing or proposed multifamily dwelling unit may have a height of eighteen (18') feet.
(ii) 
An accessory dwelling unit constructed above a detached garage shall not exceed two stories (garage with one story above) and the maximum allowable height of the underlying zoning district.
(iii) 
An attached accessory dwelling unit may have a height of twenty-five (25') feet or the height this Code allows for a primary dwelling in the district where the unit is constructed, whichever is lower, but the height shall not exceed two (2) stories.
(8) 
Setbacks. A new detached accessory dwelling unit shall be a minimum of four (4') feet from all side and rear property lines with the following exceptions:
(i) 
No setback is required for an existing garage that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit;
(ii) 
No additional setback is required for conversion of an existing accessory structure to an accessory dwelling unit;
(iii) 
No additional setback is required for replacement of an existing enclosed accessory structure with a new accessory dwelling unit that maintains the same building footprint as the structure being replaced and does not exceed any of the existing structure's dimensions;
(iv) 
No additional setback is required to establish an accessory dwelling unit within an existing residence, if side and rear yard access is determined to be sufficient for fire safety by the fire marshal.
(9) 
Lot coverage. The construction of a new detached ADU or an ADU in an addition to an existing structure shall not cause lot coverage to exceed the maximum allowed on the parcel by this title as long as compliance with the coverage requirements allows development of an eight hundred (800) square foot ADU with four (4') foot side and rear yard setbacks.
(10) 
Connectivity and access. No passageway shall be required between an ADU and the primary residential dwelling unit. An ADU that is created from conversion of floor area within an existing dwelling unit or in an addition may have independent exterior access from the existing primary residential dwelling unit.
(11) 
Design compatibility. The design of any ADU requiring new construction or changes to the exterior of an existing structure must match or be generally similar to the primary residential structure with respect to:
(i) 
Shape, style, size and placement of exterior doors and windows;
(ii) 
Building siding or cladding materials and colors; and
(iii) 
Style of roof, roofing materials, and roof pitch.
(iv) 
An ADU constructed in a historic structure or in a historic district must comply with all applicable objective historic standards. Any ADU that may have a potentially significant impact on any real property that is listed in the California Register of Historic Places is subject to environmental review as required by Section 15064.5 of the CEQA Guidelines (California Code of Regulations, Determining the Significance of Impacts to Archeological and Historical Resources).
(12) 
Off-street parking and vehicular access. The ADU must be provided with one (1) off-street parking space in addition to those required for the single-family dwelling unit on the lot. The additional space may be covered, uncovered, or tandem either in a parking structure or in the driveway. No replacement parking is required when a garage, carport, or covered parking structure is demolished to allow for construction of an ADU, or a garage is converted to an ADU. The requirement for an additional parking space is waived under any of the following conditions:
(i) 
The ADU is fully contained within the proposed or existing primary unit or in an existing accessory structure;
(ii) 
The ADU is located within one-half (1/2) mile walking distance of a public transit stop or terminal;
(iii) 
The ADU is located on a street that requires on-street parking permits if a parking permit is not offered or otherwise available to the occupant of the ADU;
(iv) 
The ADU is located on a property where access is from a street with an unobstructed width of less than twenty (20') feet, except for approved security gates that comply with California Fire Code Section 503.6 as required for fire apparatus access;
(v) 
The ADU is located on property within a designated historic district;
(vi) 
The ADU is located within one block of a car share program area.
(13) 
Additional requirements for accessory dwelling units and junior accessory dwelling units.
(i) 
Separate entrance. Junior accessory dwelling units and accessory dwelling units located within a primary residence or attached to a primary residence shall include an entrance that is separate from the main entrance to the primary residence.
(ii) 
Utility connection required. All accessory dwelling units and junior accessory dwelling units shall connect to public utilities (or their equivalent), including water, electric, and sewer services. The City shall not require a separate utility connection between an accessory dwelling unit or junior accessory dwelling unit and the utility, or impose a related connection fee or capacity charge, for units located entirely within a primary dwelling, unless the accessory dwelling unit or junior accessory dwelling unit was constructed with a new single-family home.
(iii) 
No separate conveyance. An accessory dwelling unit or junior accessory dwelling unit may be rented. Except as provided in California Government Code Section 65852.26, no accessory dwelling unit or junior accessory dwelling unit may be sold or otherwise conveyed separately from the lot and the principal dwelling (in the case of a single-unit dwelling) or from the lot and all the dwellings (in the case of a multifamily dwelling).
(iv) 
Short-term lodging. Accessory dwelling units and junior accessory dwelling units shall not be rented for periods of thirty (30) days or less.
(14) 
Reasonable accommodations. To encourage the development of housing units for disabled individuals and persons with limited mobility, the Director may determine that reasonable deviation from the above requirements is necessary to install features that facilitate access and mobility for disabled persons. Such deviations may include the construction of ramps within the minimum side and rear yards, the design of doors and windows which are not completely architecturally consistent, and others as deemed appropriate.
(d) 
Junior accessory dwelling units. A junior accessory dwelling unit (JADU), also known as an efficiency unit, may be created within the walls of a proposed or existing primary residential dwelling unit subject to the following regulations:
(1) 
There may be no more than one (1) JADU per parcel;
(2) 
The JADU must have an area of at least one hundred fifty (150) square feet and may not exceed five hundred (500) square feet;
(3) 
The JADU must be located entirely within the existing or proposed primary residential dwelling unit and have its own separate entrance;
(4) 
The unit must include an efficiency kitchen with a sink, cooking appliance, cooking surface and storage cabinets that meet minimum building code standards. No gas or 220V circuits are allowed;
(5) 
The JADU may share a bathroom with the primary residence or have its own bathroom;
(6) 
No additional parking is required for a JADU.
(1312-CS, Rep&ReEn, 06/14/2024)
(a) 
New utility lines. Underground installation is required of all new electrical, gas, telephone, cable television, and similar utility lines.
(b) 
Existing overhead lines. Underground installation is required of all existing overhead electrical, gas, telephone, cable television, and similar utility lines which:
(1) 
Provide direct service to the property(ies) being developed.
(2) 
Are located within the boundaries of the property(ies) being developed.
(3) 
Are located between the property line and the centerline of the adjacent street of the property(ies) being developed.
(4) 
Are located along or within six (6') feet of the front property line of the property(ies) being developed.
(5) 
Are installed in conjunction with a roadway widening requiring the reconstruction or relocation of existing lines.
(c) 
Exceptions. This section shall not apply to the following types of facilities:
(1) 
Facilities which are installed and maintained for a period not to exceed thirty (30) days to provide emergency service.
(2) 
Temporary utility facilities used in conjunction with a construction project with an active building permit.
(3) 
Temporary uses approved pursuant to TMC 9-2-124 (Mobile food facilities) or TMC 9-5-503 (Temporary Uses of Land – Approval) when above-ground installation is allowed by the permit.
(4) 
Utility facilities that are prohibited to be undergrounded by the rules and regulations of the California Public Utility Commission.
(5) 
Utility lines providing overhead service lines to adjacent lots requiring modification or undergrounding on a property not controlled by the developer.
(6) 
Electrical transmission lines (sixty-nine (69) kV and above).
(d) 
Waivers. The requirement to underground utilities pursuant to this section may be waived by the City Engineer upon a written determination that one (1) or more of the following conditions exist:
(1) 
Off-site lines are not required to be undergrounded and boring from the opposite side of the street or other public right-of-way is required.
(2) 
Undergrounding is infeasible or impractical under the physical conditions of the site.
(3) 
Undergrounding is infeasible or impractical based upon sound engineering and architectural practices.
(4) 
The project involves only the remodeling of an existing structure(s) where the relocation or replacement of the main service equipment or line is required and the actual cost of the remodeling does not exceed fifty (50%) percent of the appraised value of all existing structure(s) on the property for tax purposes.
(5) 
When the length of the line(s) abutting or on the property is less than six hundred (600') feet in length and the cost of work to underground the line(s) exceeds twenty-five (25%) percent of the overall cost of the project, exclusive of utility undergrounding, as determined by a method established by the City Engineer.
(e) 
Variances. The Planning Commission shall have the authority to grant a variance to this section in accordance with the procedures outlined in TMC 9-5-613 et seq. when the following additional requirements are met:
(1) 
Additional finding for approval. In addition to the findings for granting a variance contained in TMC 9-5-616, the Planning Commission shall also establish that the variance is required to allow for the logical and orderly development of the surrounding area.
(2) 
Deferral agreement required. In granting a variance to this section, the Planning Commission shall require the developer to enter into a deferral agreement with the City to underground utilities by a specific date or upon demand by the City as a condition of approval.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
Development standards for neighborhood stores in residential districts shall be as follows:
(a) 
Neighborhood stores shall be located on corner lots only. No store shall be located within one thousand (1,000') feet of another commercial facility.
(b) 
On-site parking shall be provided at a minimum of one (1) space per three hundred (300) square feet of gross floor area with a maximum of one (1) space per two hundred (200) square feet of gross floor area. Parking shall not face directly onto adjoining streets or rights-of-way. Any existing alleyway may be utilized for access.
(c) 
On-site loading and unloading shall be provided in accordance with TMC 9-2-218, Location and design of off-street loading spaces. Parking area driveways may be utilized where they meet the standards of Article 2 of this chapter.
(d) 
The maximum sign area allowed is one-half (1/2) square foot of sign area per one (1) lineal foot of building frontage. Freestanding signs shall not be permitted. Signs shall be designed in accordance with the sign design guidelines contained in Article 5 of this chapter.
(e) 
Neighborhood stores shall be separated from adjoining residential uses by a solid masonry wall. All masonry walls shall comply with all height and location standards for fencing in the applicable residential district.
(f) 
A minimum of ten (10%) percent of lot area shall be provided in landscaping. All landscaping shall comply with the standards in TMC 9-2-109.
(1207-CS, Rep&ReEn, 05/28/2015)
A rental storage facility is subject to the following development standards:
(a) 
A minimum fifteen (15') foot wide landscape strip shall be installed along any street frontage. All landscaping and irrigation systems shall be installed in accordance with TMC 9-2-109, Landscaping and irrigation.
(b) 
The site shall be entirely paved, except for structures and landscaping.
(c) 
The elevation of any structure facing a street or fully visible to the public shall include architectural treatment such as stucco, brick, or wood finish, and articulated walls and rooflines.
(d) 
Structures located on a property line adjacent to residential property shall not exceed a height of eight (8') feet. Otherwise the setback and height standards apply as set forth in Articles 3 and 4 of Chapter 9-3 TMC.
(e) 
The floor area ratio requirement of Articles 3 and 4 of Chapter 9-3 TMC does not apply but is determined by setback, aisle width, parking, and landscaping requirements.
(f) 
One (1) residential unit may be provided for a caretaker that is responsible for security, maintenance, or management of the facility. The residential unit shall be a permanent structure that is architecturally compatible with the storage facility and must be clearly accessory to the storage facility.
(g) 
A minimum seven (7) on-site parking spaces shall be provided adjacent to the office. Two (2) additional parking spaces shall be provided for the caretaker.
(h) 
A minimum six (6') foot high decorative fence or wall shall be installed around the perimeter of the site. A minimum seven (7') foot high decorative solid wall shall be provided along property lines adjacent to properties zoned for residential use.
(i) 
All security gates that are automated shall be provided with equipment that can be activated by the Fire Department Opticom system. The driveway serving a security gate shall be designed to allow vehicles to turn around without backing out into the street.
(j) 
The drive aisle throughout the complex shall be a minimum twenty (20') feet to provide safe and unobstructed circulation.
(k) 
No flammable or otherwise hazardous materials shall be stored on the site.
(l) 
Security lighting shall be provided for the exterior of the buildings, parking areas, driveways, and aisles. Lighting shall be located or shielded so as to not produce glare on adjacent properties.
(m) 
Only freestanding monument signs are permitted and shall be of a low profile design not to exceed four (4') feet in height, externally illuminated, and incorporate the design, materials, textures, and colors used in the building. All building signage shall be composed of individual pan channel letters or equivalent. Exposed raceways, cabinet signs, and changeable copy are prohibited. All other applicable sign standards apply in accordance with Article 5 of this chapter (Signs).
(n) 
A minimum of one (1) trash receptacle shall be provided on the site. The trash receptacle shall be located and enclosed consistent with City standards.
(o) 
All storage shall be located within a fully enclosed structure except for recreation vehicles. Recreation vehicles shall be screened from public view and shall not be stored adjacent to residential properties.
(p) 
No business activity shall be conducted other than the rental of storage spaces for inactive storage use.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Equipment sales, service, and rentals defined. "Equipment sales, service, and rentals" shall mean the sales, service, and rental of construction or agricultural equipment only. It shall not pertain to the outdoor storage of vehicles, boats, and other large items not normally stored indoors that may be for sale or rent.
(b) 
Permits required. Unless located on a property previously authorized for such use, no equipment sales, service, and rental facility shall operate without first obtaining a minor discretionary permit as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) and with the provisions of this section.
(c) 
Conditions and restrictions pertaining to equipment sales, service, and rentals. An equipment sales, service, and rental facility is subject to the following development standards:
(1) 
The entire length of all street frontages, including along State Highway 99, shall be landscaped. Except where previously approved and developed, such landscape planters shall be a minimum of ten (10') feet in width. Under no circumstance shall any required landscape planter along State Highway 99 be less than ten (10') feet in width on average.
(2) 
All landscaping and irrigation systems shall be designed and installed in accordance with TMC 9-2-109.
(3) 
An average four (4') foot high compact, dense evergreen landscape hedge screen shall be installed along all street frontages, including along State Highway 99.
(4) 
Street trees shall be installed at forty (40') foot intervals, except that along State Highway 99 required street trees may be dispersed into distinct groups to afford views into the site from the public right-of-way.
(5) 
Landscaping shall be installed in accordance with the Northwest Triangle Specific Plan, Beautification Master Plan and all other applicable plans, policies, and ordinances of the City of Turlock.
(6) 
A minimum six (6') foot high decorative fence (wrought iron or approved alternate) shall be installed along the primary street frontage. On a previously developed site, chain link fencing may be acceptable if appropriately landscaped. A minimum seven (7') foot high decorative solid wall shall be provided along property lines adjacent to properties zoned for residential use.
(7) 
All chain link fencing shall include privacy slats or be landscaped with vines.
(8) 
All equipment shall be arranged in a structured and orderly manner on the site, and shall not encroach into any required setback or landscape area.
(9) 
Boom lifts, scissor lifts, loaders, backhoes, and similar extendable equipment shall not be stored in an upright or extended position to exceed twenty (20') feet in height.
(10) 
At the discretion of the Development Services Director, heavy equipment and heavy vehicles may be stored on unpaved areas. However, all such areas shall be adequately covered with gravel, crushed base rock, or approved equivalent to create an all-weather driving surface and to eliminate dust and mud. Notwithstanding this provision, the site shall be entirely paved, except for structures and landscaping.
(11) 
Customer and employee parking areas, including drive aisles, shall be paved.
(12) 
Adequate customer and employee parking shall be provided pursuant to Article 2 of this chapter. The number of parking spaces shall be determined by the floor area of on-site structures or as determined by the Development Services Director pursuant to Article 2 of this chapter.
(13) 
A paved drive aisle shall be provided throughout the facility with a minimum width of twenty (20') feet to provide safe and unobstructed circulation and reduce entrained dust.
(14) 
Exterior security lighting shall be provided. Lighting shall be installed and maintained so that it will not cast direct light or glare on adjacent properties or public rights-of-way.
(15) 
All freestanding signs shall incorporate the design, materials, textures, and colors used in the building. Except for freeway-oriented signage permitted under TMC 9-2-506(j)(4), all freestanding signs shall be of a low profile monument design not to exceed four (4') feet in height. All building signage shall be composed of individual pan channel letters or equivalent. Cabinet signs and changeable copy are prohibited. All other applicable sign standards apply in accordance with Article 5 of this chapter.
(16) 
Freeway-oriented signage permitted under TMC 9-2-506(j)(4) shall be designed to incorporate the design, materials, textures, and colors used in the building. Pole signs, as defined by TMC 9-2-503, composed of an unadorned, plain metal pole and/or a sign cabinet are prohibited. However, the Development Services Director may approve a freeway-oriented pole sign where the pole or poles incorporate the design, materials, textures of the main building and the cabinet has a translucent background with opaque lettering. Changeable copy is prohibited on any freeway-oriented sign.
(17) 
A minimum of one (1) trash receptacle shall be provided on the site. The trash receptacle shall be located and enclosed consistent with City standards.
(18) 
No business activity shall be conducted other than the sales, service, or rental of construction or agricultural equipment unless such business activity is clearly incidental to the primary authorized use.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Purpose. The purpose of this section is to allow mobile food facilities to operate within the City through an expedited permitting process that ensures that such uses are operated in a manner that is safe and secure, and will not create adverse impacts to either the property on which they are located or to the immediate neighborhood.
(b) 
Mobile food facility permit required. Any person must obtain a mobile food facility permit prior to operating a mobile food facility on private property within the City. The approval shall be specific to a location and shall not be transferable to other locations or operators. Operation of a mobile food facility shall not be permitted on public property under this section. An application for a permit shall be submitted for approval of a mobile food facility permit not less than fifteen (15) days before the use is intended to begin. The application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the use is to be located and, if different, the business owner providing restroom facilities within two hundred (200') feet as prescribed by the California Health and Safety Code Section 114250.1.
(c) 
Mobile food facility permit application: Review and approval.
(1) 
Once an application has been accepted as complete, the Development Services Director or designee shall take action within fifteen (15) days.
(2) 
Once an application has been accepted as complete, the Development Services Director or designee shall refer the permit application to City departments and any other agencies deemed appropriate by the Development Services Director.
(3) 
In considering an application for a permit pursuant to this section, the Development Services Director or designee shall approve the permit only if it makes the following findings and subject to the limitations and conditions of this section:
(i) 
The proposed location is on an improved property that is entirely paved and shall not interfere with the operation of any approved uses on the site;
(ii) 
The site is adequate to support the operation of the mobile food facility and the mobile food facility will not adversely affect adjacent structures and uses, or the surrounding neighborhood;
(iii) 
The proposed use will not adversely affect the circulation and flow of vehicular and pedestrian traffic in the immediate area;
(iv) 
The proposed use will not create a demand for additional parking which cannot be met safely and efficiently in existing parking areas;
(v) 
The proposed use will not conflict with the terms or intent of any planned unit development permit or conditional use permit currently in effect on the property;
(vi) 
The proposed use and location complies with all applicable requirements of the Turlock Municipal Code, the California Building and Fire Codes, and any other applicable local, regional, State or Federal laws or regulations; and
(vii) 
The proposed use will not otherwise constitute a nuisance or be detrimental to the public welfare of the community.
(d) 
Limitations of use by zoning district. A mobile food facility may be permitted to operate on any property zoned for commercial or industrial uses, except the C-O commercial office district and the DC downtown core, DCT downtown core transition, and OR office residential overlay districts.
(e) 
Limitation on number and concentration of mobile food facilities. On properties of less than one (1) acre in size, no more than one (1) mobile food facility shall be permitted at one (1) time.
(f) 
Mobile food facility permit and renewals. The mobile food facility permit shall expire on December 31st each calendar year. Applications received after October 1st of each calendar year shall be given a renewal date that ends on December 31st of the following year. Each renewal shall be subject to the findings and conditions outlined in this section. There shall be no limit on the number of renewals that may be granted.
(g) 
Conditions. In authorizing an application for a mobile food facility permit, the Development Services Director shall include as conditions of approval the following minimum provisions:
(1) 
The use shall be conducted entirely upon private property and not within any public right-of-way;
(2) 
The use shall conform to all applicable building, electrical, fire, plumbing, engineering, solid waste, wastewater, water quality, and environmental regulations and laws;
(3) 
No permanent structures may be constructed on the site to support the operation of the mobile food facility;
(4) 
No signs, balloons, or flags may be displayed on or off the site to promote the mobile food facility except those permanently affixed to the mobile food vehicle/trailer;
(5) 
No outdoor music, live or amplified, is permitted;
(6) 
Temporary canopies or tents less than one hundred twenty (120) square feet may be erected but must be removed at the end of each business day;
(7) 
No more than two (2) small tables seating up to a total of ten (10) people may be permitted and must be removed at the end of each business day;
(8) 
Vehicle and temporary canopies or tents shall not be located closer than twenty (20') feet to a building or structure;
(9) 
Vehicle and any temporary canopies or tents shall not be located on the same parcel, or closer than one hundred (100') feet from the lot line of an adjacent parcel, on which a flammable, combustible, or liquid petroleum gas dispensing or storage container is located;
(10) 
Provisions for fire protection and fire vehicle access shall be made as prescribed by the Fire Marshal;
(11) 
The site shall be continuously maintained free of weeds, litter, and debris;
(12) 
Within three (3) days after ceasing operation of the mobile food facility at any location, the site shall be completely cleaned; all trash, debris, signs, sign supports, and temporary electrical service will be removed;
(13) 
The mobile food facility operator shall obtain and maintain a valid Turlock business license at all times;
(14) 
An agreement for the use of properly operating restroom facilities within two hundred (200') feet of the vehicle's location shall be maintained at all times; and
(15) 
Any additional limitations or conditions as required by the Development Services Director as conditions of approval.
(h) 
Fee. A fee shall be paid by the applicant to cover the costs of processing and administering the mobile food facility permit application. Such fee shall be set by City Council resolution, and may be amended from time to time.
(i) 
Suspension or revocation of mobile food facility permit. Any mobile food facility permit may be suspended or revoked in accordance with the procedures and standards of Article 11 of Chapter 9-5 TMC (Enforcement). The permit shall be automatically suspended and may be revoked when the permit issued by the Stanislaus County Environmental Resources Department is suspended or revoked for any reason.
(j) 
Appeal. The decision of the Development Services Director may be appealed as provided by Chapter 1-4 TMC.
(1207-CS, Rep&ReEn, 05/28/2015; 1208-CS, Amended, 05/28/2015)
(a) 
Purpose. The purpose of this section is to allow cargo containers to be placed on private property in a manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate neighborhood, will achieve community architectural and design standards, and will not become a nuisance to the community.
(b) 
Permit requirements and exceptions.
(1) 
Temporary use.
(i) 
No cargo container permit shall be required when the cargo container is used during construction and a valid building permit is active for the property; provided, that all applicable conditions in subsections (d)(1)(i) through (iv) of this section are met.
(ii) 
No cargo container permit shall be required to place a cargo container on private property for a period of three (3) months or less; provided, that all conditions of approval applicable to the zoning district listed in subsection (d) of this section are met. For residential uses only, such cargo containers are not required to be screened and may be placed in the front yard on a paved driveway so long as the cargo container does not encroach into the landscaped area, onto sidewalks, or into public rights-of-way, and there is sufficient room to open the garage door to allow access and egress in case of emergency.
(iii) 
A temporary use of land permit shall be obtained pursuant to Article 5 of Chapter 9-5 TMC (Temporary Uses of Land) for a period of greater than three (3) months but no more than one (1) year; provided, that all of the conditions of approval applicable to the zoning district listed in subsection (d) of this section are met, with the exception that cargo containers screened from public view from the public right-of-way or an adjacent property shall not be required to meet the design requirements of subsection (d)(1)(xi) of this section.
(iv) 
The cargo container must be removed immediately upon completion of the temporary term or upon expiration or finalization of the building permit.
(2) 
Permanent use.
(i) 
A cargo container permit shall be required prior to placing a cargo container on private property for more than one (1) year. The approval shall be specific to a location and shall not be transferable to other locations or property. An application for a permit shall be submitted for approval of a cargo container permit not less than thirty (30) days before the use is intended to begin. The application shall be on a form prescribed for that purpose by the Development Services Director, and shall include the written and notarized consent of the owner of the property on which the use is to be located.
(ii) 
Residential districts. The cargo container permit shall be issued in accordance with the criteria and procedures for a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) and shall meet all applicable standards and conditions in subsection (d) of this section.
(iii) 
Commercial, industrial, public, and downtown overlay districts. The cargo container permit shall be issued in accordance with the criteria and procedures for a minor discretionary permit as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits) and shall meet all applicable standards and conditions in subsection (d) of this section.
(3) 
Exceptions. Exceptions to the standards in this section may be granted by the Planning Commission upon approval of a conditional use permit pursuant to Article 6 of Chapter 9-5 TMC (Conditional Use Permits and Variances).
(4) 
Public right-of-way restriction. No cargo container may be placed in the public right-of-way unless approved through the issuance of an encroachment permit by both the Engineering Division and the Fire Department.
(5) 
Limitations of use by zoning district. Cargo containers may only be stored for resale or rental purposes in the industrial (I) zoning district in accordance with all permitting requirements and standards of Article 4 of Chapter 9-3 TMC, and are subject to the standards specified in this section and TMC 9-2-112 (Outdoor storage).
(c) 
Cargo container permit application: Review and approval.
(1) 
Once an application has been accepted as complete, the Development Services Director or designee shall take action within twenty (21) working days. A notice shall be sent to the applicant if the application is deemed incomplete. If no response is provided by the applicant within six (6) months of receiving an incomplete notice, the application shall be expired and the applicant will be required to submit a new application and fee.
(2) 
For purposes of application processing, any application for a cargo container permit 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 Development Services Director or designee shall refer the permit application to City departments and any other agencies deemed appropriate by the Development Services Director.
(4) 
In considering an application for a permit pursuant to this section, the Development Services Director or designee shall approve the permit only if the following findings are made and subject to the limitations and conditions of this section:
(i) 
The proposal is consistent with the General Plan, the zoning ordinance, the design guidelines, and any other applicable plans or standards applicable to the property; and
(ii) 
The proposal meets all of the applicable design standards and provisions of this section; and
(iii) 
The proposal is in harmony with the existing or proposed development in the general area or neighborhood and will be compatible with adjacent structures and uses, including those on adjoining properties; and
(iv) 
That the site for the proposed use is adequate in size and shape to accommodate such uses, all yards, open spaces, walls, fences, parking, loading, landscaping, and other features required by the Turlock Municipal Code or the Planning Commission to make sure such use is compatible with the land and uses in the vicinity; and
(v) 
Any structural element contained within the proposal is of high quality design consistent with the intent of the City Design Element of the Turlock General Plan and the exterior design, appearance, materials, and colors will not cause the nature of the neighborhood to materially depreciate; and
(vi) 
The proposal will not otherwise constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and community.
(d) 
Conditions of approval.
(1) 
Conditions applicable in all zoning districts. In authorizing any permit for a cargo container, the Development Services Director shall include as conditions of approval the following minimum provisions:
(i) 
Accessory use. A cargo container may be erected on a property when the use thereof is clearly incidental and secondary to the primary use of the property: For purposes of this section, a cargo container shall not be issued for a property where there is no approved and constructed primary building.
(ii) 
Height. Cargo container(s) shall not be stacked and shall not be greater than ten (10') feet in height including the foundation system, as measured from the property grade.
(iii) 
Setbacks. Cargo container(s) shall meet all applicable setback requirements and are not permitted in front yard setback area unless provided otherwise in subsection (d)(2) of this section.
(iv) 
Location. The proposed location shall not interfere with other uses, clear vision triangle, pedestrian/vehicular visibility, required parking, landscaping, or circulation on the property, or create any other safety problem. The cargo container(s) shall not be placed in a "fire lane" or other fire access lanes. The cargo container(s) must be accessible by a paved drive aisle.
(v) 
Contents. No hazardous materials or combustible or flammable liquids may be stored in the container.
(vi) 
Screening. Cargo container(s) shall be screened from view from the public right-of-way and from view of adjacent residential uses or districts using methods such as, but not limited to, line of sight behind buildings or walls with landscaping and construction of walls with vines.
(vii) 
Number and size. Cargo containers shall be allowed pursuant to the number and size limitations and allowances listed below:
(aa) 
Residential (R-E, R-L, R-M, R-H) districts. The number shall be limited to one (1) container no greater than one hundred twenty (120) square feet in area and the dimension may not exceed fifteen (15') in length.
(ab) 
Commercial (C-C, C-H, C-T, TC overlay district), industrial (I, I-BP, IR overlay district), and public/semi-public (P-S) zones when adjacent to a residential use or a residential (R-E, R-L, R-M, R-H) zone; the office residential (OR) and downtown core transition (DCT) overlay districts; and the commercial office (C-O) zone. The number shall be limited to one (1) container no greater than ten (10%) percent of the total gross floor area of the existing buildings or one hundred twenty (120) square feet in area, whichever is less, and may not exceed fifteen (15') feet in length.
(ac) 
Community commercial (C-C), heavy commercial (C-H), and commercial thoroughfare (C-T) districts; and the downtown core (DC) and transitional commercial (TC) overlay districts. If not otherwise restricted, the number shall be limited to one (1) container no greater than five (5%) percent of the total gross floor area of the existing buildings or three hundred twenty (320) square feet in area, whichever is less, and may not exceed forty (40') feet in length.
(ad) 
Industrial (I), industrial business park (I-BP), and public and semi-public (P-S) districts, and the industrial residential (IR) downtown overlay district, less than one (1) acre in size. If not otherwise restricted, the number shall be limited to one (1) container no greater than five (5%) percent of the total gross floor area of the existing buildings or three hundred twenty (320) square feet in size, whichever is less, and may not exceed forty (40') feet in length.
(ae) 
Industrial (I), industrial business (I-BP) park, and public and semi-public (P-S) districts, and the industrial residential (IR) downtown overlay district, one (1) acre or more in size. If not otherwise restricted, the total floor area of cargo containers may not exceed five (5%) percent of the total gross floor area of existing buildings on the same property and must meet the floor area limitation of the applicable zoning district.
(viii) 
Signs. No advertising or directional signs shall be mounted, painted, or displayed on the container except that temporary containers may display the rental or leasing company name and/or logo permanently affixed or painted on the container.
(ix) 
Building permit. A building permit shall be required for any cargo container greater than one hundred twenty (120) square feet in size unless otherwise determined by the Chief Building Official. Doors shall not be modified to restrict persons from freely exiting the cargo container.
(x) 
Foundation system. The foundation system shall be reviewed and approved by the Chief Building Official. Cargo container(s) may be placed on a paved surface upon approval of the Chief Building Official. In industrial districts, when containers are the item being stored, cargo container(s) may be placed on a paved or all-weather surface upon approval of the Chief Building Official.
(xi) 
Design. All applicable development standards and design guidelines for the zoning district shall apply. When not located within the public view from the public right-of-way or an adjacent property, the cargo container may be painted to match the primary building to achieve architectural compatibility.
(xii) 
Property owner written consent required. A tenant shall obtain the prior written and notarized consent of the property owner before placing a cargo container on any property.
(2) 
Exceptions to setback requirements. Exceptions to the setback requirements may be granted by the Development Services Director upon the issuance of the minor exception pursuant to Article 4 of Chapter 9-5 TMC and upon providing a notification to adjoining properties of not less than ten (10) calendar days. Any comments received during this notification process shall be considered in making the findings for approval for the minor exception.
(e) 
Fee. A fee shall be paid by the applicant to cover the costs of processing and administering the permit application. Such fee shall be set by City Council resolution, and may be amended from time to time.
(f) 
Suspension or revocation of cargo container permit. A cargo container permit may be suspended or revoked in accordance with the procedures and standards of Article 11 of Chapter 9-5 TMC (Enforcement).
(g) 
Appeal. The decision of the Development Services Director may be appealed as provided by Chapter 1-4 TMC.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)
(a) 
Purpose. The purpose of this section is to allow electrified fences to be placed on private property in a manner that is safe and secure, will not create adverse impacts to either the property on which they are located or to the immediate neighborhood, will be compatible with community design standards, and will not become a nuisance to the community.
(b) 
Permit required. Electrified fences are allowed in I-BP (industrial business park) and I (industrial) districts upon the approval of a minor administrative approval as set forth in Article 3 of Chapter 9-5 TMC (Minor Administrative and Minor Discretionary Permits), subject to the standards and conditions contained in this section.
(c) 
Location. The fence shall be located at least fifty (50') feet from a residence, school, day care facility, or park land, or any property zoned for such uses.
(d) 
Perimeter fence required. The electrified fence may not be used as a perimeter fence. A nonelectrified fence shall completely surround the electrified fence. The electrified fence shall be set back at least twelve (12") inches from a nonelectrical perimeter fence.
(e) 
Setbacks. The fence shall not be located within required setback areas (front, side, or rear).
(f) 
Height. The maximum height shall be ten (10') feet.
(g) 
Construction. The fence shall be constructed of horizontal wires with minimal vertical support to minimize visual impact.
(h) 
Energy source. The energy source shall not exceed twelve (12) volts.
(i) 
Warning signs. Warning signs, a minimum of thirty-six (36) square inches in size, shall be mounted every fifty (50') feet, with a minimum of one (1) per side, no higher than five (5') feet from the ground, or in accordance with the California Building Code, whichever is more stringent.
(j) 
Compliance with all laws and regulations. The electrified fence shall meet all California Building Code, California Fire Code, Fire Department, and Police Department requirements, as well as all applicable Federal, State, and local laws throughout the construction, installation, and operation of the electrified fence.
(k) 
Hold harmless agreement. The applicant and property owner shall enter into an agreement holding the City of Turlock harmless from all legal actions that relate directly or indirectly to the electrified fence. The agreement shall be recorded with the property and shall release the City of Turlock from any and all liability.
(l) 
Ongoing maintenance required. The area around the electrified fence shall be kept clear of all vegetation and litter to avoid fires.
(1207-CS, Rep&ReEn, 05/28/2015)
In addition to any other permitting requirements contained in this title, any use that includes a drive-through facility shall also meet all of the following development standards:
(a) 
No more than two (2) lanes are permitted per drive-through facility.
(b) 
Lane(s) shall be located at least one hundred (100') feet from a residential district.
(c) 
Lane(s) shall be oriented to reduce light and glare onto adjacent residences and public rights-of-way.
(d) 
Lane(s) shall be screened with a decorative masonry wall landscaped with vines, landscaped berm, or a landscaped hedge, or any combination thereof, at least three (3') feet in height to minimize visibility to the public right-of-way.
(e) 
No more than two (2) menu boards are permitted per lane.
(f) 
Lane(s) shall provide a minimum stacking distance of at least four (4) vehicles between the entrance to the lane and the menu board closest to the pick-up window, and between the closest menu board to the pick-up window and the pick-up window. When no menu board is used, the lane(s) shall provide a minimum stacking distance for six (6) vehicles between the entrance to the lane and the pick-up window.
(g) 
Lane(s) shall be designed to avoid stacking in a driveway or parking lot drive aisle that directly connects to a public street.
(1207-CS, Rep&ReEn, 05/28/2015)
Except as otherwise provided in this section, the display or installation of banners, pennants, buntings, inflatables, streamers, flags, air- or wind-activated signs (such as sky dancers and blowers), mechanical devices, devices that are mobile, rotate, move, flash, wave, streamers, or emit light, and other similar devices intended to draw attention to a site are prohibited in all zoning districts, except that in the community commercial, heavy commercial and commercial thoroughfare zoning districts, and in the transitional commercial downtown overlay district, approved vehicle retail sales lots, where the primary purpose of the property is the outdoor display and sale of new or used automobiles, trucks, vans, motorcycles, trailers, recreational vehicles, farm equipment, construction equipment, and the like, may install such devices on private property subject to the following conditions:
(a) 
Air- or wind-activated devices (such as sky dancers and blowers), mechanical devices, and other devices that move, flash, wave, or emit light are not permitted.
(b) 
Allowable devices shall be limited to nonmetallic banners, pennants, inflatables, and streamers except that nonmetallic helium balloons and other inflatables may be displayed on weekends (Friday 12:00 noon through Sunday midnight) provided they do not exceed fifty (50') feet in height or project over the public right-of-way.
(c) 
Pennants and streamers shall be securely mounted to the building or on permanently installed light pole meeting California Building Code requirements. Such signs shall not be mounted directly to the ground.
(d) 
Devices shall be mounted so that no part of the device or any material attached thereto is closer than eight (8') feet from the ground.
(e) 
Devices shall only be placed on the property where the vehicles are being sold and shall not be located off site.
(f) 
Devices shall not be placed in the public right-of-way or on City-owned property, and may not project over the public right-of-way.
(g) 
Devices shall not be located in the clear vision triangle as established in the City of Turlock Standard Specifications and Drawings, or otherwise constitute a visibility or public safety hazard. Under such circumstances, the device may be immediately removed by City personnel and shall be disposed of at the cost of the property owner.
(h) 
Devices shall be maintained in a clean and neat condition with replacement as necessary to ensure they do not become dirty, loose or tattered.
(i) 
Such devices shall not display a commercial advertising message. Any such device containing a commercial message shall be considered a sign and shall be subject to regulation pursuant to Article 5 of this chapter (Sign Regulations for Private Property).
(1237-CS, Added, 12/28/2017)