The Development Services Director shall prescribe the form in which applications shall be made for the reclassification of property, permits, amendments, and appeals. In addition to any other information required in connection with applications, a map shall be submitted with each application showing the boundaries of the subject parcel and each parcel within an area defined by TMC 9-5-120 for transmitting notices of hearings. This map shall include the Assessor's block and lot numbers of each parcel so shown. A list shall accompany the map giving the names and addresses of the property owners of the subject parcels. No application shall be accepted unless it is complete and complies with such requirements. The acceptance of an application shall not constitute any indication of approval.
The application shall be made on forms furnished by the Development Services Department and shall be full and complete. All applications shall include data such as building and site plans and other information necessary to assure the presentation of all pertinent facts for the permanent record and to assist in determining the validity of the request.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
An application for a permit, reclassification of land, amendment, or appeal shall be accompanied by maps, drawings, and data as necessary to evaluate the proposed request for conformance with the General Plan and the provisions of this chapter.
(1207-CS, Rep&ReEn, 05/28/2015)
The responsible official shall make, or cause to be made, an investigation of the facts bearing on the case to provide the information necessary to assure action consistent with the intent of this chapter and the Turlock Area General Plan and its amendments. A written report of such investigation shall be presented to the bodies charged with the responsibility of dealing with the specific action.
(1207-CS, Rep&ReEn, 05/28/2015)
Upon the receipt of a complete and verified application, a reasonable time and place for a public hearing with the appropriate deciding body shall be established. The hearing shall be held in accordance with the procedures and requirements set forth in this article.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Applications and permits. The City Council shall, by resolution, fix the amount of the fees for the applications and permits required and authorized by the provisions of this chapter. Before accepting any application, the established fee shall be charged and collected.
(b) 
Special reports and consultants. Before accepting any application for filing, the estimated costs of any special report or consultant's fee determined to be necessary shall be charged and collected. Any actual cost that is more than that paid by the applicant shall be collected from the applicant prior to the issuance of the permit, and any estimated cost collected from the applicant that is more than the actual cost shall be returned to the applicant at the time of the issuance of the permit.
(c) 
Waivers. Any fee required by the provisions of this chapter may be waived for any public body, district, or agency of the Federal, State, County, or municipal government.
(1207-CS, Rep&ReEn, 05/28/2015)
The application shall expire after one (1) year from the date of submittal or if the applicant fails to respond to an incomplete letter from the Planning Division within six (6) months of transmittal.
(1207-CS, Rep&ReEn, 05/28/2015)
Any permit issued shall expire if the use permitted has not commenced within one (1) year of the date of approval or as otherwise specified in the permit. A use shall be deemed to have commenced upon issuance of a building permit, construction, the issuance of a certificate of occupancy from the Building Division, or approval of other permits deemed equivalent by the Development Services Director.
(1207-CS, Rep&ReEn, 05/28/2015)
Any permit may be renewed for an additional period of one (1) year, provided an application for the renewal of the permit is filed with the acting agency prior to the expiration of the permit. The acting agency may grant or deny an application for renewal in the same manner as set forth in this article for the specific action in the original application.
(1207-CS, Rep&ReEn, 05/28/2015)
Unless otherwise specifically provided in this article, the acting agency may revoke or modify any permit or variance on one (1) or more of the following grounds:
(a) 
That the approval was obtained by fraud;
(b) 
That the use for which the approval was granted is not being exercised;
(c) 
That the granted permit or variance is being, or recently has been, exercised contrary to the terms and conditions of approval or in violation of any statute, ordinance, law, or regulation;
(d) 
That the use for which the approval was granted is being exercised in a manner that is detrimental to the public health or safety or constitutes a nuisance; or
(e) 
That the continued exercise of the use for which the approval was granted appears to be detrimental or contrary to the public welfare.
(1207-CS, Rep&ReEn, 05/28/2015)
Upon determining the violation of any applicable permit or variance granted according to the provisions of this chapter, the Development Services Director may automatically suspend that permit. The property owner will be notified immediately upon suspension. All operations of the use may be ordered to cease during the time of suspension if it is determined necessary in order to protect the health, safety, and general welfare of the public. A public hearing shall be held within sixty (60) days of notification of suspension. If, at this hearing, it is determined that the regulations, general provisions, and conditions are not being complied with, the permit or variance may be revoked or action may be taken to ensure compliance.
(1207-CS, Rep&ReEn, 05/28/2015)
This chapter may be amended by changing the boundaries of districts, the classification of land, any regulations, or other provisions if required for the public necessity, convenience, or general welfare. Amendments may be authorized by the City Council upon a recommendation from the Planning Commission. The procedures and requirements set forth in this article shall govern all actions on amendments.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)
Amendments may be initiated as follows:
(a) 
By a resolution of intention of the Council;
(b) 
By a resolution of intention of the Commission;
(c) 
By the application of any interested person or the Development Services Director for an amendment involving the classification of any use not listed in this chapter or to change the classification of any listed use where it is alleged that change in processes, procedures, or methods of operation or serving the public warrant such change.
(1207-CS, Rep&ReEn, 05/28/2015)
The application for an amendment shall be filed with the Secretary of the Planning Commission by the applicant. The applicant shall submit all the required data in accordance with the provisions of this article.
(1207-CS, Rep&ReEn, 05/28/2015)
All applications for amendment shall be reviewed at a public hearing before the Planning Commission in accordance with the provisions of this article. The City Council shall take action on the proposed amendment at a public hearing subsequent to review and recommendation by the Planning Commission.
(1207-CS, Rep&ReEn, 05/28/2015)
The Secretary of the Commission or the Clerk of the Council shall set a reasonable time and place for public hearings. Hearings shall be held not less than fifteen (15) nor more than one hundred (100) days after the receipt of a completed application including all necessary documents or studies, unless different time limits are specified in this article for the specific actions.
(1207-CS, Rep&ReEn, 05/28/2015)
The notice of a public hearing shall include the description of the property, the nature of the proposal, the time and place at which the public hearing will be held.
(1207-CS, Rep&ReEn, 05/28/2015)
All notices of public hearings before the Planning Commission or the City Council shall be published in a newspaper of general circulation in the community not less than ten (10) days before the hearings.
(1207-CS, Rep&ReEn, 05/28/2015)
All notice of public hearings before the Planning Commission shall be posted and transmitted or published, in accordance with the following requirements:
(a) 
Posting. Not less than one (1) notice giving the time, date, and location of the hearing shall be posted in a location that is visible to the general public. Such notices shall be posted not less than seventy-two (72) hours prior to the hearing.
(b) 
Mailing. Letter or postal card notices shall be mailed to property owners within a five hundred (500') foot radius of the subject property not less than ten (10) days before the hearing. The applicant may furnish a certified copy of the names and addresses of the property owners as shown on the latest equalized assessment roll. The failure to send a notice by mail to any property owner, where the address is not a matter of public record, shall not invalidate any proceedings in connection with any action.
(c) 
Electronic transmittal. Notices may be electronically transmitted to any property owner that has requested notification in this manner. Such notice shall be equivalent to mailing by letter or post card; provided, that the same information is made available in the notice.
(d) 
On-site posting. Within ten (10) days of filing an application for a permit for a project requiring a public hearing before the Planning Commission, the applicant shall post an approximately four (4') foot by six (6') foot sign, containing both a written description and an illustration of the proposed project, on the subject property in a location visible to the public or other location approved by the Development Services Director.
(e) 
Publication. When a large number of parcels of land are to be rezoned to conform to the General Plan, all notices may be given by publication in a newspaper of general circulation in the City and in the County. There shall be a minimum of two (2) publications at least five (5) days apart, and the last publication shall be at least ten (10) days prior to the hearing.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
The Planning Commission or City Council shall review the application or proposed action and any evidence or reports pertinent to any action to be taken. The Planning Commission or City Council shall hear all persons wishing to be heard on the subject for the public hearing. The applicant or appellant may appear in his own behalf or be represented by other authorized representatives.
(1207-CS, Rep&ReEn, 05/28/2015)
Any person interested in an application, appeal, or proposed action may request a copy of the recorded tapes, if any, within two (2) weeks of the hearing date. Any request shall be submitted in writing, and the person making the request shall agree to pay all the costs involved in obtaining a copy of the tapes. Nothing in this section shall prevent any interested person from employing a stenographic reporter of his own if he so chooses.
(1207-CS, Rep&ReEn, 05/28/2015)
If, for any reason, a public hearing cannot be held on the date set, the Planning Commission may reschedule the hearing to a later date. When rescheduled to within thirty (30) days of the original hearing date, the Planning Commission may publicly announce the time, place, and location of the rescheduled hearing and additional notice will not be required. Otherwise, if the hearing is rescheduled beyond thirty (30) days, additional public notice will be required in accordance with TMC 9-5-117 through 9-5-120.
(1207-CS, Rep&ReEn, 05/28/2015)
The Planning Commission shall provide its recommendations to the project applicant within ten (10) days after the conclusion of the public hearing. Such action shall be by resolution which shall set forth the findings of the Planning Commission and any recommended conditions and any specific findings or recommendations specified in this article for the specific action thereon. The action shall be by a majority vote of all the voting members.
(1207-CS, Rep&ReEn, 05/28/2015)
Not later than ten (10) days following the rendering of a decision or recommendation, a copy of the resolution shall be transmitted to the applicant at the physical or electronic address shown on the application filed with the Secretary of the Planning Commission. Other copies of the resolution shall be transmitted or filed as specified in this article for the specific action thereon.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
The Secretary of the Planning Commission shall maintain a record of the evidence presented at such public hearing. If the Planning Commission recommends the approval of the application or the proposed action, the Secretary of the Planning Commission shall transmit the complete record of the case to the City Council. In the case of an appeal on a Planning Commission decision, the Secretary of the Planning Commission shall transmit the complete record of the case to the City Council immediately after the appeal is filed.
(1207-CS, Rep&ReEn, 05/28/2015)
The City Council shall take action on recommendations from the Planning Commission by approving, conditionally approving, or disapproving proposed applications. City Council action shall be taken by resolution or, in the case of amendment to the zoning regulations, by ordinance. Such resolution shall set forth the findings of the City Council and any required conditions, including the time limits and the guarantees necessary to insure compliance with the provisions of this chapter and the General Plan.
(1207-CS, Rep&ReEn, 05/28/2015)
The City Clerk shall make a record of the evidence presented at the public hearing. The record, together with the resolution or ordinance announcing the findings of the public hearing, shall be maintained as a part of the permanent records of the City.
(1207-CS, Rep&ReEn, 05/28/2015)
Any action or decision of the Planning Commission rendered pursuant to the provisions of this chapter may be appealed as provided by Chapter 1-4 TMC. Any action of the Development Services Director made hereunder may be appealed to the Planning Commission in the same manner as provided by Chapter 1-4 TMC.
(1207-CS, Rep&ReEn, 05/28/2015)
Following the denial or revocation of any permit or variance, an application for the same or similar use on the same site shall not be accepted for submittal to the acting agency within a one (1) year period after the date of denial or revocation.
(1207-CS, Rep&ReEn, 05/28/2015)