In order to ensure that the provisions of this chapter will permit all similar uses in each zone, the Commission, upon its own initiative or upon a written request, shall determine whether a use not specifically listed as a permitted use or a conditional use in a zoning district shall be deemed a permitted use or a conditional use in one or more zones on the basis of similarity to the uses specifically listed. The procedures set forth in this article shall not be substituted for the amendment procedure as a means of adding new uses to the lists of permitted uses and conditional uses but will be followed to determine whether the characteristics of a particular use not listed are sufficiently similar to a prohibited use to justify a finding that the use should be deemed a permitted use or a conditional use in one or more zones.

(Prior code § 10-2.2301)

Applications for determinations that a specific use should be included as a permitted use or a conditional use in a zoning district shall be made in writing to the Community Development Director and shall include a detailed description of the proposed use, the required filing fee, and such other information as may be required by the Community Development Director to facilitate the determination.

(Prior code § 10-2.2302)

The Community Development Director shall make such investigations of the application as he deems necessary to compare the nature and characteristics of the proposed use with those of the uses specifically listed in this chapter and shall prepare a report thereon which shall be submitted to the Commission to aid the Commission in making its determination of the classification of the proposed use.

(Prior code § 10-2.2303)

The determination of the Commission shall be based upon the following findings and rendered in writing within sixty (60) days, unless the applicant consents to an extension of the time period, and shall include findings supporting the conclusion:

(a)

That the establishment of the use will be in accordance with the purposes of the zone in which such use is proposed;

(b)

That the use will be an appropriate addition to the zone because the use has the same basic characteristics as other uses permitted in the zone;

(c)

That the use will not be detrimental to the public health, safety, or welfare;

(d)

That the use will not adversely affect the character of the zone in which it is proposed to be established;

(e)

That the use will not create more traffic, odor, dust, dirt, smoke, noise, vibration, illumination, glare, unsightliness, or any other objectionable influence than the amount normally created by any of the uses listed as permitted uses, in that zone; and

(f)

That the use will not create any greater hazard of fire or explosion than the hazards normally created by any of the uses listed as permitted uses in that zone.

(Prior code § 10-2.2304)

Within ten (10) days following the date of a decision of the Commission on a request for a determination as to a use not listed, the Secretary of the Commission shall transmit to the Council written notice of the decision. The decision shall become effective fifteen (15) days following the date on which the determination was made or on the day following the next meeting of the Council, whichever is later, unless an appeal has been taken to the Council, or unless the Council shall elect to review the decision of the Commission.

(Prior code § 10-2.2305)

A decision of the Commission may be appealed to the Council by an applicant or any other person.

(Prior code § 10-2.2306)

The determination of the Council shall be rendered in writing within forty (40) days, unless the applicant consent to an extension of the time period, and shall include findings supporting the conclusion.

(Prior code § 10-2.2307)

If ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of this chapter, or with respect to matters of height, yard requirements, area requirements, or zone boundaries, as set forth in this chapter and as they may pertain to unforeseen circumstances, including technological changes in the processing of materials, it shall be the duty of the Commission to ascertain all pertinent facts and, by resolution of record, to set forth its findings and its interpretations, and thereafter such interpretations shall govern.

(Prior code § 10-2.2308)

The City may enforce the requirements of this Title 10, Planning and Zoning, by any one or more of the following methods at the City's discretion:

(a)

Criminal penalties, under chapter 1.04;

(b)

Civil injunction, under section 1.16.060;

(c)

Regarding land use and development, following notice and the opportunity for hearing, by:

(1)

The granting or denial of permits;

(2)

The forfeiture and revocation of permits; or

(3)

The recording of a notice of violation (See also Title 12, Subdivisions);

(d)

Administrative citations and penalties, under chapter 1.28;

(e)

Public nuisance abatement, under chapter 1.32;

(f)

Building abatement, under any of the uniform building codes adopted by the City in Title 9, Building Regulations;

(g)

Any other lawful authority.

(See also TMC section 1.16.010.)

For the purpose of enforcing this Code:

(1)

Any partner may be named or cited in enforcement against a partnership;

(2)

Any managing member may be named or cited in enforcement against a limited liability company; and

(3)

Any corporate officer may be named or cited in enforcement against a corporation.

(Ord. No. 1177, § 13, 1-15-2013)

The provisions of this chapter shall not apply to poles, lines, or other structures or facilities used or usable by any utility company solely for the purpose of distributing electricity or communication services and shall not be construed to limit or interfere with the installation, maintenance, and operation of public utility pipelines and electric or telephone distribution and transmission lines or railroads when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State within rights-of-way, easements, franchises, or ownerships of such public utilities; provided, however, all transmission lines, electric substations, storage yards (service groups), and public utility buildings shall be subject to site review by the Community Development Director in terms of location and necessary screening.

(Prior code § 10-2.2309)

One temporary real estate office may be located in any subdivision. Such office shall be used only for the sale of property located in the subdivision in which such office is located. The temporary real estate office shall be removed at the end of two (2) years from the date of the recording of the final map of the subdivision in which such office is located.

If any lots in such subdivision have not been sold at the end of the two (2) year period, the Community Development Director may approve extensions for the continuation of such real estate office on a month-to-month basis.

(Prior code § 10-2.2310)

Temporary structures for the housing of tools and equipment or containing supervisory offices in connection with major construction projects may be established and maintained during the progress of such construction on such project; provided, however, such temporary structures shall be removed immediately after the notice of completion of such project.

Upon a written request by the applicant and the approval of the Community Development Director, such temporary construction buildings may contain living quarters for the purpose of building and construction site security.

(Prior code § 10-2.2311)

(a)

Temporary locations. Travel trailers, office trailers, and mobile offices may be permitted on a temporary basis for the purpose of establishing a business in the POM, CBD, CS, GHC, HS, M-1, and M-2 Zones as follows:

(1)

A temporary permit authorized by the Commission, valid for six (6) months, shall be required for such use.

(2)

Such temporary permit may be renewed for two additional six month periods, for a maximum of eighteen (18) months, at the discretion of the Commission, except as set forth in subsection (3) of this subsection.

(3)

Additional temporary permits for six (6) month periods beyond the initial eighteen (18) month period may be authorized by the Commission:

(i)

If the progress of the applicant toward establishing a permanent business facility is being delayed by the action of a public agency, the temporary permit may be renewed indefinitely; or

(ii)

If the applicant has an approved development plan for a permanent business facility and can demonstrate that progress is being made to implement such plan, the temporary permit may be extended to a maximum twenty-four (24) month period from the date of the initial approval.

(b)

Storage. Travel trailers, motor homes, and campers may be stored anywhere on a lot provided:

(1)

No utility service is connected to the vehicle, except for the temporary twenty-four (24) hours use of power to recharge batteries or service appliances; and

(2)

The vehicle is not located in a clear zone.

(c)

Exemption. A motor home or mounted camper which is normally used for every day transportation, is mounted on a pickup of greater than 3/4 ton, is not more than seventy-eight (78) inches in height measured from the surface of the street, and is not more than seventy-two (72) inches in width is exempt from this section.

(d)

Amortizing. Travel trailers, motor homes, and campers existing on August 21, 1973, shall conform to the requirements of this section within the time frame established by the State for amortizing mobile homes which allows nine years from the date of manufacture to amortize a 193 inch by 480 inch or smaller mobile home and eighteen (18) years from the date of manufacture to amortize larger units, but in no event shall it be less than three (3) years.

(e)

Temporary dwelling during construction. A travel trailer, motor home or camper to be used as a dwelling in a residential zone while a single-family dwelling is under construction on the same lot is a permitted use during construction with a valid building permit for the proposed residence. The temporary dwelling must be removed from the property within ten (10) days of receiving a final occupancy or final inspection for the residence. In addition, the following provisions apply:

(1)

The trailer, motor home or camper may only be so located and occupied while actual construction activities are taking place upon the lot; in no case may the period of such placement and use exceed one year.

(2)

The trailer, motor home or camper may only be occupied by the property owner; who is also the builder designated on the building permit, and family.

(3)

The minimum yards for the zone shall be maintained.

(Prior code § 10-2.2312)

(Ord. No. 1202, Exh. A § 19, 12-1-2015)

It shall be unlawful for any person to place, keep, or maintain, or permit to be placed, kept, or maintained, any boat or boat trailer upon any lot, piece, or parcel of land within the residential zones of the City, with the following exceptions:

(a)

Boats or boat trailers may be placed, kept, or maintained wholly within a structure lawfully existing on the premises; or

(b)

Boats or boat trailers may be placed, kept, or maintained upon any lot, piece, or parcel of land within the residential zones of the City provided no part of any boat or boat trailer shall be located closer than fifteen (15') feet to any street line; and

(c)

Notwithstanding any provision contained in this section, such boat or boat trailer may be located anywhere on the lot, except in a clear vision zone of a corner lot, as defined in section 10.08.3330 of article 24 of this chapter, for a temporary period not to exceed twenty-four (24) hours for loading and unloading purposes, or for the temporary storage, not to exceed seven (7) days, of such facility owned by a bona fide guest of the occupants of the premises.

(Prior code § 10-2.2313)

See article 8 of chapter 4.12 of title 4 of this Code.

(Prior code § 10-2.2314)

Garage sales on residentially zoned property shall be permitted under the following conditions:

(a)

Only one such sale may be conducted in any four (4) month period and shall be limited to not more than three (3) consecutive days or to two (2) consecutive weekends not to exceed four (4) days in all. Such sale shall not be conducted between the hours of 8:00 p.m. of any day and 8:00 a.m. of the following day. Sales shall not encroach or be made on or from public streets or rights-of-way.

(b)

No licensed retail or wholesale dealer shall be permitted to consign or offer for sale any goods or merchandise or participate in any private sale authorized by this section.

(c)

Any garage sale not meeting the conditions set forth in subsections (a) and (b) of this section is hereby declared to be unlawful and a public nuisance.

(d)

The provisions of this section shall not apply to any charitable or religious organization or educational institution for occasional charitable, religious, or educational purposes, nor shall this section apply to sales conducted pursuant to a process or order of any court of competent jurisdiction.

(Prior code § 10-2.2315)

(a)

Accessory dwelling unit. One accessory dwelling unit is permitted on any residentially zoned lot having one existing single-family dwelling (the "primary dwelling") if the proposed unit complies with the standards in subsection b. (See definition at TMC section 10.08.052.) An accessory dwelling unit is not permitted if there is more than one single-family dwelling, a duplex, or multi-family dwelling on the lot. An accessory dwelling unit may be attached or detached from the primary dwelling and may be created by the conversion of a portion of, or an addition to, the primary dwelling, accessory structure, or by the construction of a new structure.

(b)

Standards. These standards apply to an accessory dwelling unit.

(1)

One unit. There may be only one accessory dwelling unit on a lot. The accessory dwelling unit may not be sold separately from the primary dwelling.

(2)

Primary dwelling required. The primary dwelling must be a permitted use in the zoning district, and the lot must contain only one existing single-family dwelling.

(3)

Size. The total area of floor space of a detached accessory dwelling unit shall not exceed 1,200 square feet of living area. The total area of floor space of an attached accessory dwelling unit shall not exceed fifty (50) percent of the living area of the primary dwelling or 1,200 square feet, whichever is less. (Living area means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or an accessory structure.)

(4)

Zoning requirements. The accessory dwelling unit shall conform to the height, setback, lot coverage, and other zoning requirements of the zoning district in which it is located.

(i)

Setback requirements.

a.

A setback of five feet from the side and rear yards is required for an accessory dwelling unit that is constructed above a garage. (See also Government Code section 65852.2 (a)(1)(D)(vii).)

b.

Accessory dwelling units must conform to the setback requirement of the primary dwelling. However, no setback shall be required for an existing garage that is converted to an accessory dwelling unit.

(5)

Building code requirements. The proposed unit shall conform to the building code requirements that apply to detached dwellings.

(6)

Distance; Access. The minimum distance between an accessory dwelling unit and a primary dwelling or an accessory building is six (6) feet. An attached accessory dwelling unit may have either an exterior or interior access.

(7)

Parking. One additional off-street parking space is required per accessory dwelling unit. The space may be tandem parking, or parking in the setback area. If any required garage or covered parking structure is demolished or converted in conjunction with the construction of an accessory dwelling unit, the number of required parking spaces for the primary dwelling shall be replaced and replacement parking space(s) may be located in a garage, covered, uncovered, or tandem spaces anywhere on the same lot as the accessory dwelling unit.

However, the parking requirement for an accessory dwelling unit does not apply if one of the following apply:

(i)

The unit is located within one-half mile of a City of Tracy Tracer or San Joaquin RTD bus stop;

(ii)

The unit is located within the existing space of the existing primary dwelling or an existing, accessory structure, and not constructed as additional living area of an attached or detached accessory dwelling unit; or

(iii)

There is a car share vehicle designated pick up and drop off located within one block of the accessory dwelling unit.

(c)

Authority. This section is adopted under the requirements of Government Code section 65852.2.

(Prior code § 10-2.2316)

(Ord. No. 1202, Exh. A § 20, 12-1-2015; Ord. No. 1254, § 2, 5-1-2018)

Planned residential developments, listed as conditional uses in the designated residence zones, include zero lot line, attached, cluster, and similar nontypical residential designs and may include modifications of the lot area and width, yard, height, lot coverage, and open space requirements.

(Prior code § 10-2.2317)

(a)

Purpose. The purpose of this section is to preserve the health and welfare of the City and its residents by establishing regulations pertaining to mobile food vendors.

(b)

Definition.

(1)

Mobile Food Vendor - An individual or business entity that is engaged in the retail sale of prepared food from a mobile food vendor vehicle. This definition excludes temporary food vending tables or stands operating outside of an approved mobile food vendor vehicle.

(2)

Mobile Food Vendor Court - A permanent land use involving the operation of three or more mobile food vendor vehicles on a single site.

(3)

Mobile Food Vendor License - A revocable license issued by the City of Tracy authorizing the operation of a mobile food vendor vehicle by a mobile food vendor.

(4)

Mobile Food Vendor Site - The location used by a mobile food vendor.

(5)

Mobile Food Vendor Vehicle - Any vehicle, as defined in Section 670 of the California Vehicle Code, which is equipped and used for retail sales of prepared food. A mobile food vendor vehicle shall also include any trailer, wagon, or cart equipped and used as described in this definition and pulled by a vehicle.

(6)

Short Term Mobile Food Vendor Courts - A mobile food vendor court operating at a single site for a temporary period of time.

(c)

License requirement. The operation of a mobile food vendor requires the prior issuance of a mobile food vendor license, subject to the following standards:

(1)

An applicant for a mobile food vendor license shall submit an application and all required information.

(2)

At minimum, the following information shall be provided on the application form:

i.

Type of vehicle (coach, trailer, etc.).

ii.

Vehicle identification number (VIN).

iii.

License plate number.

iv.

Copy of vehicle registration.

v.

Proof of ownership or written authorization from the registered owner.

vi.

Evidence of active motor vehicle insurance.

vii.

San Joaquin County health permit for mobile food facility.

(3)

Fees may be adopted in the master fee schedule for the application and for its renewal.

(4)

A mobile food vendor license is required for each mobile food vendor vehicle.

(5)

A mobile food vendor license is not transferable.

(6)

A mobile food vendor license shall be valid for 365 days and is eligible for annual renewal. If the mobile food vendor license is not renewed prior to expiration, it shall be deemed expired, and a new application shall be required.

(7)

Compliance with all operational and site standards shall be a required condition of any mobile food vendor license.

(8)

The City Council may adopt by resolution a maximum number of mobile food vendor licenses to be issued in total or annually.

(9)

Applications for a mobile food vendor license shall be reviewed and issued by the Director of Community and Economic Development, or designee.

(10)

A Mobile Food Vendor License may be revoked by the approving authority.

(d)

Operational standards.

(1)

The mobile food vendor shall maintain the following documents, or copies thereof, in the mobile food vendor vehicle and present them to City staff upon request:

i.

Mobile food vendor license.

ii.

San Joaquin County health permit for mobile food facility.

iii.

City of Tracy business license.

iv.

Evidence of active motor vehicle insurance.

v.

Written evidence of permission from the owner of the property where the mobile food vendor is operating, including name and contact telephone number.

(2)

The mobile food vendor may only sell food and/or beverages. Promotional items, such as stickers, t-shirts, etc. may also be sold.

(3)

At least one licensed driver capable of driving the vehicle shall be present at the mobile food vendor site at all times.

(4)

Mobile food vendors may operate continuously on any single site for a maximum of eighteen (18) hours each calendar day. At the end of each operational period, the mobile food vendor vehicle and any table, garbage can, or other possession shall be removed from the site. Any subsequent location during the remainder of the calendar day shall be at least five hundred (500') feet away.

(5)

No more than two (2) mobile food vendors may concurrently operate or be located at a single site unless separated by 500 feet. The concurrent use of a site by three (3) or more mobile food vendors within five hundred (500') feet of each other constitutes a mobile food vendor court and is subject to those specific regulations.

(6)

The mobile food vendor may use a maximum of one portable table with chairs.

(7)

The mobile food vendor may use a maximum of one portable sign with a maximum area of twelve (12) square feet per side.

(8)

The portable sign must be located within twenty (20') feet of and on the same site as the mobile food vendor vehicle and shall not be in the public right-of-way.

(9)

Each Mobile Food Vendor Site shall maintain receptacles for the collection of garbage, recycling, and organic waste, as required by State law and local regulations.

(10)

All food preparation and cooking shall occur within the mobile food vendor vehicle. The outside use of portable grills, barbecues, or similar devices is prohibited.

(11)

Internal combustion generators may not be used within fifty (50') feet of a residential land use.

(e)

Site standards.

(1)

Mobile Food Vendor Sites shall contain adequate space and configuration to allow customers to safely access and park on the site.

i.

A minimum of two customer parking spaces shall be provided at each site. These spaces may be shared but must be accessible to mobile food vendor customers. Customer parking spaces are not required in the central business district (CBD) zone.

ii.

The mobile food vendor vehicle, including any exterior tables or accessories, shall not occupy more than fifty (50%) percent of the total parking of any parking lot.

(2)

The mobile food vendor may operate only on private property in the following zoning districts:

i.

Community shopping center zone (CS).

ii.

General highway commercial zone (GHC).

iii.

Community recreation support services (CRS).

iv.

Central business district (CBD).

v.

Neighborhood shopping zone (NS).

vi.

Medical office zone (MO).

vii.

Professional office medical zone (POM).

viii.

Light industrial zone (M-1).

ix.

Heavy industrial zone (M-2).

x.

Highway service zone (HS).

xi.

Northeast industrial specific plan area.

xii.

Industrial areas specific plan area.

xiii.

I-205 corridor specific plan area [commercial and industrial zones].

xiv.

Tracy Hills specific plan [commercial and industrial zones].

xv.

Ellis specific plan [commercial and industrial zones].

xvi.

Cordes Ranch specific plan.

(3)

Mobile food vendors are prohibited from operating on City-owned property, including the public right-of-way and parks and recreation facilities, unless part of an authorized special event.

(4)

The operational area of the mobile food vendor site must be paved with asphalt, concrete, or similar impervious surface.

(5)

Mobile food vendors may only operate on a site with an existing primary commercial or industrial use. Vacant sites may not be used by mobile food vendors.

(6)

The mobile food vendor vehicle may not impede any driveway, drive aisle, pedestrian way, fire lane, path of egress, or trash enclosure.

(7)

Lines and waiting areas shall be accommodated on the mobile food vendor site.

(f)

Mobile food vendor courts.

(1)

Permit Requirement: The operation or development of a mobile food vendor court requires the prior approval of a development review permit, pursuant to Title 10, Chapter 10.08, Article 30.

(2)

Mobile food vendor courts are permitted in the zoning districts described in Section (e) with the issuance of a Development Review Permit.

(3)

The following standards shall apply to all mobile food vendor courts:

i.

All mobile food vendor vehicles shall have direct individual access to permanent sanitary sewer, water and electric utilities. The use of portable grey or black water tanks is prohibited.

ii.

The use of an internal combustion generator within a mobile food vendor court is prohibited.

iii.

The site shall conform to all applicable City commercial design guidelines and standards, including those for exterior lighting, landscaping, storm drainage, right-of-way improvement, and similar standards.

iv.

Common refuse, recycling, and composting collection facilities shall be provided through a trash enclosure.

v.

A minimum of one on-site customer parking space shall be provided for each mobile food vendor vehicle. No customer parking spaces are required in the central business district (CBD).

(g)

Short term mobile food vendor courts: A mobile food vendor court operating for a period of no more than one hundred and eighty (180) continuous days at a single site.

(1)

Short term mobile food vendor courts may be established with a temporary use permit, as governed by Tracy Municipal Code Section 10.08.4240, except as follows:

i.

A temporary use permit shall be valid for a maximum continuous period of 180 days in a single calendar year. The 180-day period may not be separated into smaller periods.

ii.

The provisions of 10.08.3193(f)(3) shall not be required for short term mobile food vendor courts if the applicant demonstrates compliance with all local, State, and federal regulations, including those addressing temporary utilities, access, air quality, water supply, and similar considerations.

(Ord. No. 1245, § 1, 11-7-2017; Ord. No. 1356, § 2, 6-17-2025)

(a)

Purpose and Intent. On August 28, 2020, Senate Bill 793 was signed into law to prohibit the sale of flavored tobacco in California. The bill does not preempt or otherwise prohibit the adoption of local regulations that impose greater restrictions on access to tobacco products. The Tracy City Council exercised its police power to adopt this zoning ordinance with the express purpose of limiting youth exposure and access to tobacco, tobacco products, and tobacco paraphernalia by establishing location restrictions for tobacco retailers. This section is not intended to give any person or entity authority to engage in tobacco retailing in the City of Tracy.

(b)

Definitions. Unless otherwise provided in this section, the definitions set forth in Chapter 10.08 (Zoning Regulations) apply. The following words shall have the meanings set forth below when used in this section:

(1)

"Day care center" means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, as well as child care centers pursuant to Section 1596.951 of the California Health and Safety Code. This definition shall have the same meaning as set forth in Section 1596.76 of the California Health and Safety Code, as the same may be amended from time to time.

(2)

"School" means those sites upon which full-time instruction in any of the grades K through 12 (twelve) is provided where the primary purpose is education. "School" includes public schools, private schools, and charter schools, but does not include any private site upon which education is primarily conducted in private homes.

(3)

"Sensitive youth use" means a school, day care center, or youth center as defined in this section.

(4)

"Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, electronic cigarettes, e- cigarettes, electronic smoking devices, electronic cigarette cartridges, electronic smoking device cartridges and related products, and any other item designed or used for the smoking or ingestion of tobacco products.

(5)

"Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff, chewing tobacco, e-cigarette or electronic smoking device, or any other form of tobacco or product containing at least fifty (50) percent tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product (e.g., skin patches, lozenges, gym and prescription medications), or for other therapeutic purposes where that product is marketed and sold solely for such approved use.

(6)

"Tobacco retailer" means any person who sells, offers for sale, exchanges, or offers to exchange any tobacco, tobacco product, or tobacco paraphernalia for consideration, without regard to the quantity sold, offered for sale, exchanged, or offered to exchange.

(7)

"Tobacco retailing" means the conduct of selling, offering for sale, exchanging, or offering to exchange any tobacco, tobacco product, or tobacco paraphernalia for any form of consideration, without regard to the quantity sold, offered for sale, exchanged or offered to exchange.

(8)

"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to: private youth membership organizations or clubs, social service teenage club facilities, video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to accept services, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or in City, county, or state parks. This definition shall not include any private gym, martial arts, yoga, ballet, music, art studio or similar studio of this nature, nor shall it include any athletic training facility, pizza parlor, dentist office, doctor's office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations.

(c)

Location Restrictions for Tobacco Retailers.

(1)

The following location restrictions apply to all tobacco retailers operating in the City:

i.

Tobacco retailing shall only be conducted at fixed locations; and

ii.

Tobacco retailers shall be located at least six hundred (600) feet from a sensitive youth use; and

iii.

If located on separate parcels, the distance between the tobacco retailer and the sensitive youth use property shall be measured from the outer boundaries of the sensitive youth use parcel to the closest structure containing the tobacco retailer; and

iv.

If located on the same parcel, the distance between the structures containing the tobacco retailer and any sensitive youth use shall be at least six hundred (600) feet.

(2)

In addition to the restrictions outlined above in subsection (c)(1), a tobacco retailer that dedicates more than ten (10) percent of their total retailing square footage (e.g cigar store or smoke shop) to tobacco, tobacco products, or tobacco paraphernalia must be located at least six hundred (600) feet from any parcel zoned for residential use in the City.

(3)

Nonconforming Tobacco Retail Use.

i.

Any tobacco retailer lawfully operating in the City of Tracy on the date this ordinance is adopted shall be considered a nonconforming use and may continue to operate at their existing location subject to Article 25 of Chapter 10.08 of the Tracy Municipal Code.

ii.

The establishment of a sensitive youth use within six hundred (600) feet of a tobacco retailer after a tobacco retailer commences legal operations shall render the tobacco retailer a nonconforming use which may continue to operate at their existing location subject to Article 25 of Chapter 10.08 of the Tracy Municipal Code.

(Ord. No. 1303, § 1, 11-17-2020)

A small family day care home, as defined by Health and Safety Code section 1596.78, or a large family day care home, as defined by Health and Safety Code section 1596.78, is permitted on any residentially zoned property: RE, LDR, MDC, MDR, HDR, or PUD.

(Ord. No. 1171, § 4, 6-19-2012)

(a)

Purpose and Intent. The purpose of this section is to impose zoning restrictions on commercial and personal cannabis activities or uses. This section is not intended to give any person or entity authority to conduct commercial cannabis activities in the City of Tracy. If a commercial cannabis use is not specifically permitted in this chapter it is not allowed in any zoning district within the City.

(b)

Definitions. Unless otherwise provided in this section, the definitions set forth in Chapter 10.08 (Zoning Regulations) and Chapter 6.36 (Commercial Cannabis Activity) apply. The following words shall have the meanings set forth below when used in this section:

(1)

"Day care center" means a child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers, as well as child care centers pursuant to Section 1596.951 of the California Health and Safety Code. This definition shall have the same meaning as set forth in Section 1596.76 of the California Health and Safety Code, as the same may be amended from time to time.

(2)

"Fully enclosed and secure structure" means a space within a building, greenhouse, or other structure that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, and which is accessible only through one or more lockable doors.

(3)

"Outdoors" means any location within the City of Tracy that is not within a fully enclosed and secure structure or private residence, as defined by California Health and Safety Code section 11362.2.

(4)

"Personal use" shall mean an individual's personal use, possession, processing, transporting, or giving away without any compensation whatsoever in accordance with state law, including but not limited to Health and Safety Code sections 11362.1 and 11362.2, as may be amended from time to time. Personal use does not include any commercial activity.

(5)

"School" means those sites upon which full-time instruction in any of the grades K through 12 is provided where the primary purpose is education, as determined in the sole discretion of the Planning Commission. "School" includes public schools, private schools, and charter schools, but does not include any private site upon which education is primarily conducted in private homes.

(6)

"Youth center" means any public or private facility that is primarily used to host recreational or social activities for minors, including but not limited to: Private youth membership organizations or clubs, youth-focused instructional facilities, such as dance studios, martial arts studios, music studios or other recreational facilities that cater primarily to children (where the programming/schedule has more than fifty (50) percent of their classes structured for children under the age of eighteen (18)), social service teenage club facilities, video arcades where ten (10) or more video games or game machines or devices are operated, and where minors are legally permitted to accept services, or similar amusement park facilities. It shall also include a park, playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or in City, county, or state parks.

(c)

Commercial Cannabis Uses.

(1)

All commercial cannabis uses are prohibited from operating in all zoning districts in the City, except as expressly permitted in this section as well as Chapter 6.36.

(2)

All commercial cannabis uses permitted by this section must, prior to establishing and commencing operations, obtain and maintain a City cannabis business permit pursuant to Chapter 6.36 and any other state or local license or permit, as applicable.

(3)

The following commercial cannabis uses are permitted to establish as a conditional use on property in the following zoning districts, subject to the granting of and compliance with terms of a City cannabis business permit pursuant to Chapter 6.36 and a conditional use permit issued pursuant to Section 10.08.4250:

(i)

Storefront Retailer (dispensary):

a.

Commercial Zone Districts:

Tracy Hills Specific Plan - General Highway Commercial (GHC-TH)

Tracy Hills Specific Plan - Mixed Use Business Park (MUBP-TH)

Residential Areas Specific Plan - Neighborhood Shopping (NS)

Residential Areas Specific Plan - General Highway Commercial (GHC)

Industrial Areas Specific Plan - Neighborhood Shopping (NS)

Industrial Areas Specific Plan - Village Center (VC)

Industrial Areas Specific Plan - Flex Office (FO)

Ellis Specific Plan - Limited Use (LU)

Ellis Specific Plan - Village Center (VC)

Northeast Industrial Areas Specific Plan - General Commercial (GC)

I-205 Corridor Specific Plan - Commercial Center (CC)

I-205 Corridor Specific Plan - Freeway Commercial (FC)

I-205 Corridor Specific Plan - General Commercial (GC)

I-205 Corridor Specific Plan - General Commercial 2 (GC2)

I-205 Corridor Specific Plan - Service Commercial (SC)

Cordes Ranch Specific Plan - General Commercial (GC)

Community Shopping Center (CS)

Neighborhood Shopping Center (NS)

General Highway Commercial (GHC)

Highway Service (HS)

Central Business District (CBD)

Community Recreation Support Zone (CRS)

Planned Unit Development - West Clover Rd (City Council ordinance 789 c.s.)

Planned Unit Development - Southeast corner of Grantline Road and Corral Hollow Road (City Council ordinance 697 c.s.)

Planned Unit Development - Northwest corner of 6 ^th Street and C Street (City Council Resolution 2012-053)

Planned Unit Development - northwest corner of 11 ^th Street and East Street (City Council ordinance 742 c.s.)

b.

Industrial Zone Districts:

Tracy Hills Specific Plan - Light Industrial (M1-TH)

Industrial Areas Specific Plan - General Industrial (GI)

Industrial Areas Specific Plan - Limited Industrial (LI)

Northeast Industrial Areas Specific Plan - Light Industrial (LI)

I-205 Corridor Specific Plan - Light Industrial (LI)

Cordes Ranch Specific Plan - Business Park Industrial (BPI)

Light Industrial - M1

Heavy Industrial - M2

Planned Unit Development - West Larch Road (City Council ordinance 1083)

(ii)

Non-storefront retailer (Delivery), distribution, manufacturing, microbusiness, testing laboratory, indoor cultivation:

a.

Industrial Zone Districts:

Tracy Hills Specific Plan - Light Industrial (M1-TH)

Industrial Areas Specific Plan - General Industrial (GI)

Industrial Areas Specific Plan - Limited Industrial (LI)

Northeast Industrial Areas Specific Plan - Light Industrial (LI)

I-205 Corridor Specific Plan - Light Industrial (LI)

Cordes Ranch Specific Plan - Business Park Industrial (BPI)

Light Industrial - M1

Heavy Industrial - M2

Planned Unit Development - 450 West Larch Road (City Council resolution)

(d)

Location Requirements.

(1)

Any storefront retail dispensary cannabis use shall be located at least 600 feet away from another storefront dispensary cannabis use; and

(2)

Any commercial cannabis uses shall be located at least 600 feet from any of the following sensitive uses as of the date the conditional use permit is issued: School, day care center, or youth center; and

(3)

If located on separate parcels, the distance between the commercial cannabis use shall be measured from the parcel on which a sensitive use exists, to the structure containing a cannabis use; and

(4)

If located on the same parcel, the distance between the structures containing the cannabis use and any sensitive use shall be at least 600 feet; and

(5)

Whether located on the same or separate parcels, the distance between commercial cannabis uses shall be measured from the structures containing the commercial cannabis uses; and

(6)

Any commercial cannabis use shall be at least 50-feet from a zone district that permits residential uses, except for zone districts that permit commercial cannabis storefront retailers (dispensaries). The 50-foot distance shall be measured from the building containing the commercial cannabis use to the nearest residential zone district boundary; and

(7)

If more than one application for a Cannabis CUP is proposed concurrently, then the application first deemed complete shall be first acted upon by the Planning Commission.

(e)

Cultivation of Cannabis.

(1)

All outdoor cultivation of cannabis within the City is prohibited, and shall be unlawful, as a principal use, conditional use, special use, or accessory use in any zone.

(2)

The indoor cultivation of cannabis shall comply with Chapter 6.36 and applicable state law. The cultivation of cannabis for personal use shall only be conducted indoor and in accordance with applicable state law.

(f)

Penalties.

(1)

Violations of this chapter are hereby declared a public nuisance.

(2)

Violations of this section are punishable as misdemeanors and as otherwise set forth in Chapter 1.04 of this Code. Each day of operation of a commercial cannabis business or the outdoor cultivation of marijuana occurs, in violation of this section, constitutes a separate offense.

(Ord. No. 1170, § 2, 6-19-2012; Ord. No. 1240, § 1, 9-19-2017; Ord. No. 1265, § 2, 1-15-2019; Ord. No. 1278, § 2(Exh. A), 12-3-2019; Ord. No. 1343, §§ 2, 3, 12-19-2023)

(a)

General. Emergency homeless shelters are permitted in the MDR, HDR and MDC Zoning Districts, subject to the requirements of this section.

(b)

Requirements for emergency homeless shelters.

(1)

Concentration. An emergency homeless shelter may not be located closer than 300 feet from another emergency homeless shelter.

(2)

On-site resident manager. An emergency homeless shelter shall have a resident, on-site manager.

(Ord. No. 1202, Exh. A § 21, 12-1-2015)

(a)

Purpose. The purpose of this section is to regulate donation containers to ensure that donation containers will not have a negative, blighted visual impact; impede or interfere with public access, circulation and parking; or become hazards or nuisances.

(b)

Definitions. In this section:

Donation container means a donation or collection box, bin, trailer, or other container used for receiving donations of salvageable personal property.

Salvageable personal property means clothing, shoes, textiles, toys, personal electronic devices, media, books and other similar, small items. It does not include undesirable material, defined below.

Undesirable material means any large items that are unable to fit in the donation container, biological or organic material, or any hazardous material.

(c)

Conditional use permit required. A property owner wishing to allow a donation container on his or her property must first obtain a conditional use permit from the City, in accordance with sections 10.08.4250 through 10.08.4420 of Article 34.

(1)

Application. In addition to the application requirements set forth in section 10.08.4270 of Article 34, the application must include the following:

(i)

The property owner's signature, indicating his or her endorsement of the application;

(ii)

The name(s), address(es), and telephone number(s) of the person or organization sponsoring the donation container. If an organization, include the name and contact information for the person managing the container;

(iii)

The proposed location;

(iv)

A detailed description and site plan of the donation container, including size, material, security features, signage, dates and times for regularly scheduled pickups and maintenance (including removal of overflow or unwanted materials); and

(v)

If the donation container will be operated for charitable purposes by a non-profit entity under Internal Revenue Code section 501(c)(3), a tax identification number and an IRS determination letter.

(2)

Findings. In addition to the findings for a conditional use permit set forth in section 10.08.4310 of Article 34, the Planning Commission must make the following findings before approving a conditional use permit for a donation container:

(i)

The donation container will be located on a parcel zoned for non-residential use;

(ii)

The donation container will not be located on public property, public right-of-way, or within twenty (20) feet of any property line;

(iii)

The donation container will not be located within 2,500 feet of another donation container, and there may not be more than one donation container on a parcel;

(iv)

The location is adequate in size and shape to accommodate the donation container, allows adequate foot traffic and access by the disabled, does not encroach into or impede access to any parking space, drive aisle, trash enclosure area, landscape area or required setback area; and

(v)

The performance standards set forth in subsection (d) will apply.

(d)

Performance standards. The following standards apply to a conditional use permit for a donation container:

(1)

Litter and graffiti. The donation container and the site will be maintained free of litter and graffiti. The property owner shall:

(i)

Remove all trash, litter, and unwanted or undesirable materials on a daily basis;

(ii)

Remove graffiti within forty-eight (48) hours of written notice from the City; and

(iii)

Respond and cure within forty-eight (48) hours of written notice any vandalism, damaged containers, lack of maintenance or existence of overflow materials.

(2)

Signage. The donation container shall be identified with:

(i)

The name of the organization maintaining the container, a telephone number, address, and (if available) the internet web address;

(ii)

The type of material that may be donated; and

(iii)

A statement to comply with Welfare and Institutions Code sections 150—153.

The signage may be permanently painted, drawn, embedded or affixed with a film adhesive flush to the donation container. No signs shall protrude, project, or be detached from the donation container. The signage of any side may not be larger than one-half (1/2) of the surface area of that side.

(3)

Attendant. The property owner will ensure that an attendant is present at the donation container at least eight (8) hours a day, seven (7) days a week. The attendant shall be fully dedicated to the donation container and not working another job on the site.

(4)

Site planning and architecture. A donation container may be subject to development review, under section 10.08.3940 of Article 30.

(5)

Proper disposal. The property owner and container operator are responsible for disposing of undesirable material in accordance with City, State and Federal laws.

(6)

Parking, access, and circulation. Parking, access, and circulation will be reviewed as part of the Conditional Use Permit process. Additional parking may be required.

(7)

Reporting. The container operator must report annually the tonnage collected from containers within the City, including a breakdown by material type, whether the material was reused or recycled, and any other information needed by the City to comply with AB 939 (California Integrated Waste Management Act, Public Resources Code sections 40000-49620). The operator must provide this information to the City by the end of February of each calendar year.

(8)

Insurance. The property owner must maintain a minimum general liability insurance of one million dollars to cover any claims or losses due to the placement, operation, or maintenance of the donation container.

(e)

Enforcement. The City may enforce this section by any means authorized in section 1.16.010, including revocation of the conditional use permit.

(Ord. No. 1203, Exh. A, 12-15-2015)

(a)

Purpose. It is the City's policy to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing, and to facilitate the development of housing. The purpose of this chapter is to provide a procedure under which a disabled person may request a reasonable accommodation in the application of zoning requirements.

This chapter is based on requirements of the federal and state fair housing laws, and implements the City of Tracy General Plan Housing Element. It is distinct from the requirements for a variance set forth in Government Code Section 65906 and TMC Section 10.08.3630 and following, Variances.

(b)

Definitions. In this chapter:

"Disabled person" means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in Government Code Section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term "disabled person" does not include a person who is currently using illegal substances, unless he or she has a separate disability. (42 U.S.C., section 3602(h).)

"Fair housing laws" means

(1)

The Federal Fair Housing Act (42 U.S.C., section 3601 and following); and

(2)

The California Fair Employment and Housing Act (Government Code, section 12955 and following), including amendments to them.

"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrails or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would:

(1)

Impose an undue financial or administrative burden on the City; or

(2)

Require a fundamental alteration in the nature of the City's Land Use and Zoning Program.

(c)

Requesting reasonable accommodation.

(1)

Request. A disabled person may request a reasonable accommodation in the application of the City's Land Use and Zoning Regulations. Such a request may include a modification or exception to the requirements for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers. A reasonable accommodation cannot waive a requirement for a conditional use permit when otherwise required or result in approval of uses otherwise prohibited by the City's Land Use and Zoning Regulations.

(2)

Availability of information. Information regarding this reasonable accommodation procedure shall be prominently displayed at the public information counters in the planning division, advising the public of the availability of the procedure for eligible applicants, and be made available in any other manner as determined by the Director.

(3)

Assistance. If an applicant needs assistance in making the request, the Director will endeavor to provide the assistance necessary to ensure that the process is available to the applicant.

(4)

Balancing rights and requirements. The City will attempt to balance:

A.

The privacy rights and reasonable request of an applicant for confidentiality, with

B.

The land use requirements for notice and public hearing, factual findings and rights to appeal, in the City's requests for information, considering an application, preparing written findings and maintaining records for a request for reasonable accommodation.

(d)

Application requirements.

(1)

Application. The applicant shall submit a request for reasonable accommodation on a form provided by the Director. The application shall include the following information:

A.

The applicant's name, address and telephone number;

B.

Address of the property for which the request is being made;

C.

The name and address of the property owner, and the owner's written consent to the application;

D.

The current use of the property;

E.

The basis for the claim that the individual is considered disabled under the fair housing laws: identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and its effects on the person's medical, physical or mental limitations;

F.

The rule, policy, practice and/or procedure of the City for which the request for accommodation is being made, including the zoning code regulation from which reasonable accommodation is being requested;

G.

The type of accommodation sought;

H.

The reason(s) why the accommodation is reasonable and necessary for the needs of the disabled person(s). Where appropriate, include a summary of any potential means and alternatives considered in evaluating the need for the accommodation;

I.

Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and

J.

Other supportive information deemed necessary by the Director to facilitate proper consideration of the request, consistent with fair housing laws.

(2)

Review with other land use applications. If the project for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit or development review), then the applicant shall submit the reasonable accommodation application first for a determination by the Director, before proceeding with the other applications.

(3)

Fee. The fee for an application for reasonable accommodation shall be established by resolution of the City Council.

(e)

Approval authority—Notice—Decision.

(1)

Approval authority.

A.

Director of Development Services. The Director has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, except as noted in subsection (e)(1)B of this section. The Director may refer the matter to the Planning Commission.

B.

Planning Commission. The Planning Commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the Director, or on appeal.

(2)

Notice. No advance notice or public hearing is required for consideration of reasonable accommodation requests by the Director, except when the request includes any encroachment into the front yard setback area; results in a building size increase above what is allowed in the applicable zoning district with respect to height, lot coverage and floor area ratio maximums; or whenever a reduction in required parking is requested.

A request for reasonable accommodation subject to review by the Planning Commission requires advance notice and a public hearing under Government Code, section 65090.

(3)

Decision. The Director shall render a decision or refer the matter to the Planning Commission within thirty (30) days after the application is complete, and shall approve, approve with conditions or deny the application, based on the findings set forth in subsection (f) below.

If the application for reasonable accommodation is referred to, or reviewed by, the Planning Commission, a decision to approve, approve with conditions or deny the application shall be rendered within twenty (20) working days after the close of the public meeting, based on the findings set forth in subsection (f) below.

(f)

Findings—Other requirements.

(1)

Findings. The reviewing authority shall approve the application, with or without conditions, if it can make the following findings:

A.

The housing will be used by a disabled person;

B.

The requested accommodation is necessary to make specific housing available to a disabled person;

C.

The requested accommodation would not impose an undue financial or administrative burden on the City; and

D.

The requested accommodation would not require a fundamental alteration in the nature of a City program or law, including land use and zoning.

(2)

Other requirements.

A.

An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.

B.

A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.

C.

Where appropriate, the reviewing authority may condition its approval on any or all of the following:

i.

Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval;

ii.

Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists;

iii.

Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists;

iv.

Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

v.

Measures to reduce the impact on surrounding properties;

vi.

Measures in consideration of the physical attributes of the property and structures;

vii.

Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone district; and

viii.

Other conditions necessary to protect the public health, safety or welfare.

(g)

Appeal. A decision by the Director may be appealed to the Planning Commission and a decision of the Planning Commission may be appealed to the City Council in accordance with the appeal procedures of TMC section 10.08.4040.

(Ord. No. 1202, Exh. A § 22, 12-1-2015)