Minor administrative approvals are those which are routine in nature and do not require a public hearing, but may require an administrative interpretation regarding compliance with established policies, standards, and guidelines adopted by the Turlock City Council. The purpose of minor administrative approvals is to provide speedy approval over the counter or within a time period of approximately five (5) to ten (10) working days, depending on the complexity of the specific proposal. They are distinct from "ministerial" approvals which are "nondiscretionary" actions permitted upon a determination that the standards established by City ordinance for the proposal are met.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
Only those uses, activities, or permits as specifically enumerated in the zoning districts or other articles of this chapter as requiring a minor administrative approval may be approved and issued following the administrative discretion of the Development Services Director or his/her designee according to the provisions contained in this article.
(1207-CS, Rep&ReEn, 05/28/2015)
Applications for minor administrative approval shall be made to the Development Services Department on a form prescribed by the Department and shall include all requisite materials and payment of applicable filing fee.
(1207-CS, Rep&ReEn, 05/28/2015)
No later than fifteen (15) working days following submittal of an application for minor administrative approval, the application and all related materials will be reviewed for completeness. The applicant will be notified immediately upon finding the application to be incomplete, and the additional information needed to complete the application will be identified. The applicant is responsible to provide any missing information and/or revised plans as may be necessary and resubmit the materials. Once resubmitted, the application will again be reviewed for completeness as described above. All applications for a minor administrative approval must first be approved in writing by the Development Services Director or his/her designee before such use or activity commences. All applications and proposed uses shall be reviewed for compliance with the applicable policies, standards, and guidelines which shall be adopted by resolution of the Planning Commission or City Council, as may be amended from time to time.
The Development Services Director may approve, conditionally approve, or disapprove an application for such permit. An approved or conditionally approved minor administrative approval permit shall become effective on the date that it is acted upon by the City.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
A fee shall be paid by the applicant to cover the costs of processing and administering the minor administrative approval application service as established by the City Council as set forth in Article 3 of Chapter 3-3 TMC. Such fee shall be set by City Council resolution, and may be amended from time to time.
(1207-CS, Rep&ReEn, 05/28/2015)
Minor discretionary permits require administrative discretion in determining compliance with adopted policies, codes and standards of the City and require public notice prior to approval. Minor discretionary permits may be authorized by the Development Services Director within a typical time frame of three (3) to four (4) weeks.
(1207-CS, Rep&ReEn, 05/28/2015)
Only those uses, activities, or permits specifically enumerated in the applicable zoning districts as requiring a minor discretionary permit may be approved and issued upon administrative discretion of the Development Services Director or his/her designee according to the provisions contained in this article.
(1207-CS, Rep&ReEn, 05/28/2015)
(a) 
Applications for minor discretionary review shall be submitted to the Development Services Department including all required materials and the written consent of the property owner of the proposed location. All materials must be clear, legible, and of sufficient clarity to allow other interested agencies and interested property owners to understand the proposal.
(b) 
No later than thirty (30) days following submittal of an application for minor discretionary permit, the application and all related materials will be reviewed for completeness. The applicant will be notified immediately if an application is found to be incomplete, and the additional information needed to complete the application will be identified. The applicant is responsible to provide any missing information and/or revised plans as may be necessary and resubmit the materials. Once resubmitted, the application will again be reviewed for completeness as described above.
(c) 
Once an application has been deemed complete, the Development Services Director or his/her designee shall transmit the relevant parts of the permit application to all affected City departments and external agencies for review, comments, and condition requirements. The transmittal will require that comments and conditions be provided to the Development Services Department within ten (10) working days of receipt.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
The Development Services Director shall consider the following aspects of each minor discretionary permit application to the extent they are applicable to the proposal:
(a) 
Relationship to the character of the neighborhoods in which the site is located, the appearance and harmony of proposed buildings, and/or their use with adjacent development and the surrounding natural features.
(b) 
Review of site layout, considering the orientation and location of buildings and open spaces in relation to physical characteristics of the site.
(c) 
Review of the layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives, and walkways.
(d) 
Review of buildings for scale, mass, proportion, articulation of facades, use of materials, overall composition of design, and harmony with surrounding buildings.
(e) 
Review of location, height, and materials of fences, walls, and screen plantings to ensure harmony with adjacent development and adequate screening of storage and nuisance activities.
(f) 
Review of colors and materials in relationship to adjacent architectural and natural elements.
(g) 
Review subdivision designs to ensure that developments are in harmony with established neighborhoods or surrounding natural features.
(h) 
Review of landscape plans for placement and selection of all plant materials with emphasis on variety and hardiness of Turlock's climatic conditions.
(i) 
Review of location, color, size, height, lighting, and landscaping of outdoor advertising signs and structures, in relation to traffic hazards and appearance and harmony with the environment.
(j) 
All other relevant comments from affected City departments and other agencies.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)
(a) 
The Development Services Director shall give notice of the proposed request by mail, electronic media, or personal delivery to all adjacent property owners not less than ten (10) days prior to the date on which the administrative decision will be made. Adjacent property owners shall include those abutting all sides of the property upon which the request is made, including those across any abutting public or private street or others the Director determines should receive public notice. Property owner and address information used by the City shall be based on the latest equalized assessment roll.
(b) 
If no hearing is requested by the applicant or other affected person, or if no responses are received in opposition to the request within the prescribed time period, then the Development Services Director or his/her designee may take action on the minor discretionary permit application.
(c) 
If a hearing is requested by the applicant or other affected person or agency, or if any responses are received in opposition to the request, the Development Services Director shall forward the application to the Planning Commission for formal public hearing and consideration. When the application is forwarded to the Planning Commission, the applicant shall be responsible for the payment of additional application processing fees necessary to cover the costs of this additional review and public notice. The applicant may also be asked to supplement the permit application materials as determined by the Development Services Director.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
(a) 
The Development Services Director or his/her designee may approve, conditionally approve, or disapprove an application for a minor discretionary permit. In approving a minor discretionary permit application, the Development Services Director or his/her designee shall find that the following are fulfilled or shall impose reasonable conditions to ensure that they are fulfilled:
(1) 
The proposal is consistent with the Turlock General Plan, the zoning ordinance and all other adopted plans for the site;
(2) 
The proposal is in harmony with the existing or proposed development in the general area or neighborhood and will be compatible with adjacent structures and uses, including those on adjoining properties;
(3) 
The proposal is consistent with the development plan, terms, conditions, and/or intent of any planned development or conditional use permit currently in effect on the property;
(4) 
Any structural elements contained within the proposal are of high quality design consistent with the intent of the City Design Element of the Turlock General Plan and the exterior design, appearance, materials, and colors will not cause the nature of the neighborhood to materially depreciate;
(5) 
The proposal will not otherwise constitute a nuisance or be detrimental to the public safety, health, and welfare of the neighborhood and community.
(b) 
An approved or conditionally approved minor discretionary permit shall become effective on the date that it is acted upon by the City.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
A fee shall be paid by the applicant to cover the costs of processing and administering the minor discretionary permit application service as established by the City Council as set forth in Article 3 of Chapter 3-3 TMC. Such fee shall be set by Council resolution, and may be amended from time to time.
(1207-CS, Rep&ReEn, 05/28/2015)
Any person who undertakes, operates, or maintains a use of land in any district other than in strict compliance with the provisions of this title or the terms and conditions of any written approval granted shall be subject to the penalties set forth in this chapter.
(1207-CS, Rep&ReEn, 05/28/2015)
The Development Services Director may establish a time limit for development of the subject property and use. The time limit set by the Development Services Director shall be reasonable, based upon the size and nature of the proposed development. Such time limit may be extended by the Development Services Director for good cause when the applicant presents proof of unusual conditions not of his own making.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016)
Outdoor seating entails the use of City sidewalks and public rights-of-way for the operation of a food service establishment properly licensed for such service and which provides on-premises customer seating.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
No owner or operator of a business establishment shall occupy any portion of a public sidewalk, court, plaza, alley, or street with tables and chairs for outdoor seating without first obtaining a minor discretionary permit in accordance with the provisions of this article.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016; 1231-CS, Amended, 04/13/2017)
The Development Services Director, or his or her designated representative, is hereby authorized to issue outdoor seating permits, revocable at will, to owners or operators of business establishments for the placement of tables and chairs in the public sidewalk, court, alley, or street adjacent to and incidental to the operation of a food service establishment, according to the procedures as set forth in this article. An outdoor seating permit will not be issued where, in the opinion of the Development Services Director, or his or her designated representative, the speed, volume, or nearness of vehicular traffic is not compatible with outdoor seating. Issuance will not be unreasonably withheld.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016; 1231-CS, Amended, 04/13/2017)
Every owner or operator of a business establishment desiring to place tables and chairs in a public sidewalk, court, alley, or street shall first submit an application for the issuance of such a permit to the Development Services Department. Each application shall state the name of the applicant, the name and address of the establishment, the proposed area to be occupied by the tables and chairs, and the hours and days that the area is to be so occupied. The application shall be accompanied by a space-use plan which indicates the location, number and arrangement of the tables and chairs to be used, the location of the entrance to the establishment, and the location of any existing sidewalk obstructions in the proposed area to be occupied by the tables and chairs. Trees, traffic signs, benches, and all similar obstacles shall constitute obstructions.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
If the proposed design and location of the tables and chairs to be used for outdoor seating, as described in the application, conforms to those guidelines set forth by the Development Services Director, or his or her designated representative, an outdoor seating permit shall be issued to the applicant.
No permit shall be issued until the applicant has paid a one (1) time fee for the permit. The amount of the permit fee is in an amount as shall be set forth from time to time by resolution of the City Council.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
The issuance of permits by the Development Services Director for the use of City sidewalks and public rights-of-way for the consumption of food or beverages in front of business establishments is subject to the following:
(a) 
The outdoor seating area shall leave not less than four (4') consecutive feet of sidewalk width to ensure adequate space for pedestrian traffic on the adjacent sidewalk. The minimum width stated above must be free of all obstacles and obstructions for a clear path of travel. For the purpose of minimum clear path, traffic signs, trees, and all similar obstacles shall constitute obstructions. It is the responsibility of the permittee to keep this sidewalk pedestrian zone clear and unimpeded for pedestrian movement.
(b) 
Outdoor seating areas may not intrude on pedestrian "clear vision zones" at corners and thus must be set back a minimum of six (6') feet from any crosswalk. The outdoor seating area must not interfere with curbs, ramps, or driveways. No element of the outdoor seating area may interfere with access to any building including all paths of travel or exit.
(c) 
When the sidewalk is not in use for seating and service, all removable fixtures (i.e., chairs, planters, tables, etc.) shall be stored inside the restaurant premises.
(d) 
The outdoor seating area must remain clear of litter at all times. The permittee shall maintain the tables and chairs in the permitted outdoor seating area in a clean condition at all times.
(e) 
Outdoor seating areas must conform to and comply with all relevant regulations in this Code and all applicable building laws including State laws and regulations.
(f) 
Tables, chairs, and customers shall be confined to the area shown on the application submitted by the permittee.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
Each outdoor seating permittee shall provide the City Clerk with evidence of insurance coverage in the amount and form as approved by the City Attorney or his/her designee. Such amounts shall be set forth from time to time by resolution of the City Council. The required insurance shall be maintained in a current status throughout the use of the public right-of-way, and a copy of the insurance renewal shall be provided to the City Clerk and/or the Planning Division upon renewal.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
The service of alcoholic beverages shall be restricted solely to on-premises consumption by customers within the outdoor seating area. Each of the following standards applies to outdoor seating areas which provide alcoholic beverage service:
(a) 
The outdoor seating area must be clearly and physically separated from pedestrian traffic. All barriers, railings, fences, or planters placed around the outdoor seating area, whether movable or permanent, affixed, or contiguous to the sidewalk shall be in place during hours of operation and shall be a minimum of three (3') feet in height to clearly define the area. Barriers, railings, fences, or planters must be installed close enough together to prevent pedestrian traffic through them. Landscaping in planters or planted in the ground can be used to create the physical separation;
(b) 
The business operator shall post a written notice to customers that the drinking or carrying of an open container of alcohol is prohibited outside the outdoor seating area;
(c) 
The outdoor seating area operation must be duly licensed by the State Department of Alcoholic Beverage Control, and the City of Turlock requirements and restrictions for the service of alcoholic beverages in outdoor seating areas shall not be less than those required by the State Department of Alcoholic Beverage Control; and
(d) 
Any and all exits from the bona fide food service establishment to be used for the service of alcoholic beverages to the outdoor seating area must be included in the outdoor seating permit issued pursuant to this section.
(1207-CS, Rep&ReEn, 05/28/2015; 1223-CS, Amended, 10/13/2016; 1231-CS, Amended, 04/13/2017)
Permission to encroach upon a portion of a public sidewalk with tables and chairs granted under this section shall not constitute a deed or grant of an easement by the City.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
The outdoor seating permit granted under this chapter shall be subject to suspension or revocation by the Development Services Director when the permittee violates any of the restrictions and conditions set forth in this section, or any rule or regulation of the Development Services Director adopted in pursuance of the provisions of this section. The outdoor seating permit shall be automatically suspended upon the termination of the insurance required under TMC 9-5-322. Upon termination of the insurance required under TMC 9-5-322, permittee agrees to indemnify and hold the City of Turlock, its officers, agents, and employees free and harmless from any and all damages, costs, charges, or liability of any kind or character that may arise out of, relate to, or in any way be connected with the exercise of the rights granted pursuant to the issuance of the encroachment permit.
The City of Turlock must notify the State Department of Alcoholic Beverage Control of any suspension or revocation of an outdoor seating permit granted under this section.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
Any person or persons who deem their interests or property, or that of the general public, will be adversely affected by the occupancy of a public sidewalk, court, alley, or street with tables and chairs for outdoor seating and for which permission has been applied for under the provisions of this chapter may protest the issuance of said permit by writing to the Development Services Director within thirty (30) calendar days after the permit has been approved. Upon receipt of any such protest, the Development Services Director will schedule a hearing to hear all protests or oppositions to the issuance of an outdoor seating permit.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)
Upon denial of a permit by the Development Services Director, an applicant may, within ten (10) calendar days following notification of such denial, file a notice of appeal to the City Council, who shall then hear all appeals concerning the application for permit.
(1207-CS, Rep&ReEn, 05/28/2015)
The placement of tables and chairs on a public sidewalk or other public right-of-way without a permit issued in compliance with this chapter shall constitute an infraction punishable by a fine of One Hundred and no/100ths ($100.00) Dollars. The nonpayment of such fine, or the continued existence of a condition in violation of this section, shall be grounds for the Development Services Director to prohibit placement of tables and chairs by the responsible owner or operator of the fronting business establishment until such penalty has been paid or the condition corrected.
(1207-CS, Rep&ReEn, 05/28/2015)
Any tables and chairs placed in or upon the public sidewalk or rights-of-way without a validly issued permit may be seized and removed pursuant to this section. The City of Turlock shall issue a notice to the owner or operator of the business establishment fronting on the sidewalk from which the tables and chairs are to be removed before such tables and chairs are seized. The owner or operator of the business establishment shall be given ten (10) business days in which to remedy the violation. If the responsible party does not remedy the violation and apply for and obtain an outdoor seating area permit within the time prescribed, the City may seize and remove the tables and chairs.
Any other provisions of this section notwithstanding, if tables and chairs are placed in the public sidewalk or in or upon the public sidewalk or rights-of-way in such a manner as to pose an immediate and serious danger to persons or property, the City may seize such tables and chairs without prior notice to the person responsible for such tables and chairs if it is impractical to remedy the danger by moving the tables and chairs to another point on the sidewalk or public right-of-way.
The responsible party shall be notified promptly of such seizure of tables and chairs and shall have the right to request an informal hearing before a designated City official within ten (10) business days after such notification to determine whether the seizure was proper. All tables and chairs seized pursuant to this section shall be retained by the City and may be recovered as provided herein.
As a condition of recovering outdoor seating tables and chairs properly seized pursuant to this section, the person responsible for such tables and chairs shall pay an impound fee covering the actual cost to the City of transporting and storing the outdoor seating tables and chairs.
(1207-CS, Rep&ReEn, 05/28/2015; 1231-CS, Amended, 04/13/2017)