In order to assure the protection of the health, safety, and welfare of the citizens of the City, while still providing for their pleasure and convenience, the Community Development Director may issue a permit for the establishment of temporary uses within the City in accordance with the following procedure and conditions; however, at his discretion or at the request of the Commission, he may refer any application for a temporary use or structure to the Commission for consideration:

(a)

Prior to the establishment of any temporary use on any lot or parcel in the City, a temporary use permit shall be obtained from the Community Development Department. Such permit may be issued for a maximum of thirty (30) days after the date of issue for any use which is deemed by the Community Development Director to be of a temporary nature upon making the following findings:

(1)

That the temporary use will not be detrimental to the zoning district in which it is proposed to be located; and

(2)

That the temporary use will not be detrimental to adjoining properties through the creation of excessive dust, noise, light, odor, or other objectionable characteristics.

(b)

Temporary uses for which permits may be granted include, but are not limited to, carnivals, circuses, religious revivals, Christmas tree lots, promotions and sales in trucks or trailers, animal shows or displays, and food stands.

(c)

Temporary uses conducted entirely within a structure that is occupied by an existing business or organization shall be exempt from the provisions of this section.

(d)

Ingress and egress shall be limited to that designated by the Community Development Department. Appropriate directional signs, barricades, fences, or landscaping shall be provided where required. A security officer may be required for promotional events.

(e)

Off-street parking facilities shall be provided on the site of each temporary use.

(f)

Upon the termination of the temporary use permit or the abandonment of the site, the applicant shall remove all materials and equipment and restore the premises to its original condition.

(g)

The opening and closing time for promotional enterprises shall coincide with the hours of operation of the sponsoring commercial establishment. Reasonable time limits for other uses may be set by the Community Development Director.

(h)

Applications for temporary use permits shall be made to the Community Development Department and shall be accompanied by the following:

(1)

Five (5) copies of a dimensional plot plan showing the following:

(i)

The subject property with the property lines and abutting properties;

(ii)

The location of the temporary use related to the subject and adjoining properties;

(iii)

The parking, driveways, and loading areas; and

(iv)

The vehicular ingress. and egress; and

(2)

One copy of the dimensioned elevations of any structure proposed for location.

(i)

The Community Development Director shall have the authority to approve or disapprove the application, or to approve it subject to compliance with such conditions as may be deemed necessary to carry out the purposes of this chapter and to meet the requirements listed in subsection (a) of this section.

(j)

In the event the applicant is not satisfied with the decision of the Community Development Director, the applicant may appeal in writing to the Commission within ten (10) days, and the Commission shall render a decision within thirty (30) days following such appeal.

(Prior code § 10-2.3400)

(a)

Permit Required. A permit shall be required for any tables, chairs, benches, umbrellas, or other appurtenances placed in the public right-of-way for the purpose of establishing a sidewalk dining area. The Development and Engineering Services (DES) Director or designee shall issue such a permit upon finding that the requirements of this section are met.

(b)

Location. Sidewalk dining areas on sidewalks within the public right-of-way are permitted only within the Central Business District as delineated in Article 18 of Chapter 10.08 of the Tracy Municipal Code.

(c)

Procedure. Establishment of a sidewalk dining area shall require issuance of a sidewalk dining permit approved by the Director of Development and Engineering Services (DES) or designee. The DES Director or designee may establish conditions of approval for the sidewalk dining area as necessary to achieve the requirements of this section. In addition, upon receipt of an application for a sidewalk dining serving alcoholic beverages, the DES Director or designee shall refer the application to the Chief of Police prior to permit approval.

(d)

Standards. The following standards shall be met for the establishment and maintenance of a sidewalk dining area:

(1)

Physical requirements.

(i)

A four (4') foot unobstructed sidewalk clearance for pedestrians shall be maintained at all times from a table, chair, bench, display, planter, umbrella, or any other appurtenance used as a part of a sidewalk dining area or sidewalk decorative display, and a two (2') foot clearance shall be maintained from the face of the curb to any such appurtenance.

(ii)

No sidewalk dining area shall be located so as to block access to or from a building. A minimum unobstructed clear area, which extends two (2') feet to either side of both door jambs and eight (8') feet perpendicularly from the door in a closed position, shall be maintained.

(iii)

On a corner lot, no sidewalk dining area shall be located within ten (10') feet from corner curb lines or corner crosswalk.

(iv)

All sidewalk dining furniture shall be removed daily after business hours, except that planters or other approved barriers around a sidewalk dining area may remain if unable to be easily moved.

(v)

No portions of a sidewalk dining area or sidewalk decorative display shall be permanently attached to the sidewalk unless authorized by the Development and Engineering Services Director.

(vi)

Any umbrella, heater, or similar feature used in a sidewalk dining area or sidewalk decorative display shall be safely secured.

(vii)

Sidewalk dining areas shall generally be located within the sidewalk area fronting the establishment. Such areas may be extended beyond the frontage with the approval of any affected business owner and the DES Director or designee.

(2)

Design.

(i)

The design and appearance of all proposed improvements or furniture including, but not limited to, tables, chairs, benches, umbrellas, planters, and menu boards, to be placed in the sidewalk dining area shall present a coordinated theme and shall be compatible with the appearance and design of the principal building, as determined by the DES Director or designee.

(ii)

No signs shall be permitted in connection with a sidewalk dining area except in accordance with Article 35 of the Tracy Municipal Code.

(3)

Hours of operation. A sidewalk dining area may operate between 7:00 a.m. and 11:00 p.m.

(4)

Maintenance.

(i)

The permittee shall maintain the sidewalk dining area and the adjoining street, curb, gutter, and sidewalk in a neat, clean, and orderly condition at all times. This shall include all tables, chairs, benches, displays, umbrellas, or other appurtenances placed on the sidewalk. Provisions shall be made for trash receptacles to serve the sidewalk dining area, subject to the approval of the DES Director or designee.

(ii)

If the sidewalk dining area is not used for ten (10) continuous days, the permittee shall clean the surface of the sidewalk by washing or buffing to remove any stains, marks, or discoloring to the satisfaction of the City Engineer.

(5)

Special Standards for Outdoor Dining Areas with Alcoholic Beverage Service.

(i)

Alcoholic beverages may only be served in sidewalk dining areas established in conjunction with a restaurant as defined in Tracy Municipal Code section 10.08.780.

(ii)

The sidewalk dining area shall be physically separated from the rest of the sidewalk by a barrier no greater than three (3') feet and no less than one foot in height. The barrier shall be portable and may consist of planters, removable bollards, or similar features, which involve no alteration or damage to the sidewalk unless authorized by the Development and Engineering Services Director or designee.

(iii)

All entrances/exits of the sidewalk dining area shall be posted with signs, subject to the approval of the DES Director or designee, stating that alcoholic beverages must be kept within the sidewalk dining area at all times. In addition, small cards shall be placed on each table giving notice that removal of alcoholic beverages from the sidewalk dining area is not allowed.

(iv)

The capacity of the sidewalk dining area shall be limited to the number of seats, as approved by the DES Director or designee.

(v)

No bar shall be allowed in the sidewalk dining area.

(vi)

Empty beverage containers shall be removed from the sidewalk dining area when the table is cleared. (vii) A license shall be obtained from the Department of Alcoholic Beverage Control (ABC) prior to the operation of a sidewalk dining area serving alcoholic beverages and shall be maintained continuously as long as alcoholic beverages are served in the sidewalk dining area. (Loss of such license shall automatically constitute termination of the city permit to serve alcoholic beverages in the sidewalk dining area.).

(e)

Indemnification/Insurance. The permittee shall agree, in writing, to defend, indemnify, and hold harmless the City and its officers and employees from and against all claims, losses, damage, injury, liability for damages arising from the permittee's use of the public right-of-way. The permittee shall provide to the City, in a form acceptable to the City Manager, certificates of insurance evidencing the existing of a commercial general liability policy in the amount of one million dollars ($1,000,000,000.00) per occurrence covering the area subject to the permit.

(f)

Suspension of Permits. The DES Director or designee shall have the right to suspend or prohibit the operation of a sidewalk dining area decorative display at any time because of problems or conflicts in the use of the sidewalk area. Such problems or conflicts may arise from, but are not limited to, scheduled festivals, parades, marches, and similar special events; repairs to, or maintenance of, the street, sidewalk, utilities or other public facilities; or from demonstration or emergencies occurring in the area. The City will give prior written notice of any time period during which the operation of the sidewalk dining area or sidewalk decorative display must be suspended.

(g)

Violations of Conditions. The DES Director may revoke a sidewalk dining permit in accordance with Tracy Municipal Code section 10.08.4380 upon the occurrence of any of the following:

(1)

If any portion of a sidewalk dining area obstructs the sidewalk beyond that which is provided for in the Tracy Municipal Code.

(2)

If the sidewalk dining area is not maintained in a neat, clean and orderly condition, or as conditioned by the DES Director or designee.

(3)

If the permittee has not complied with the provisions of this section or any other special conditions of approval.

(Ord. 1045 § 2, 2003)

(a)

Purpose. The purpose of this section is to establish standards and permit requirements for temporary storage containers on residential property to ensure that temporary storage containers will not result in visual blight or deteriorated neighborhood aesthetics, impede or interfere with vehicle travel, or become safety hazards or nuisances.

(b)

Definitions. For the purpose of this section, the following definitions shall apply:

(1)

"Temporary storage container" means a container, unit, structure, or receptacle intended for short-term placement which is capable of being moved and is, or can be, used for the storage of personal property of any kind. The definition of "temporary storage container" shall not include licensed vehicles.

(2)

"Front yard" means the area, extending across the full width of a residential lot, between the front façade of a dwelling and the front lot line.

(3)

"Paved" means any permanent hard surface, such as asphalt, concrete, pavers, bricks, or other masonry.

(c)

Standards. Temporary storage containers shall comply with the following requirements:

(1)

A temporary storage container placed, kept, or stored in the front yard of a residential property shall comply with the following requirements:

(i)

A temporary storage container must be accessory to an existing residential use on the property;

(ii)

A temporary storage container must be located on a paved surface;

(iii)

A temporary storage container must be setback ten (10) feet minimum from the driveway of any adjacent lot;

(iv)

A temporary storage container must not exceed maximums of eight (8) feet in width, sixteen (16) feet in length, or eight (8) feet in height;

(v)

There shall be no more than one temporary storage container placed, kept or stored in the front yard of a residential property;

(vi)

A temporary storage container shall not be placed, kept or stored in the front yard of a residential property for more than one hundred twenty (120) days within any two-year period; and

(vii)

A temporary storage container must be maintained in good condition with no rust, peeling paint, or graffiti;

(2)

A temporary storage container placed, kept, or stored on any portion of a residential property other than the front yard shall comply with the applicable zoning regulations for a detached accessory building; and

(3)

A temporary storage container shall not be placed, kept, or stored on any portion of a public right-of-way.

(d)

Permit Requirements. A temporary storage container shall not be placed, kept, or stored in the front yard of a residential property for longer than thirty (30) days without approval of a temporary storage container permit.

(e)

Application Submittal. An application for a temporary storage container permit shall be submitted to the Development Services Department and shall be accompanied by the following:

(1)

Five (5) copies of a dimensioned plot plan that identifies the following:

(i)

The subject property and the property lines;

(ii)

Location of any existing structures on the property;

(iii)

Location of any paved surfaces in the front yard;

(iv)

Location of the proposed temporary storage container, including setbacks to adjacent property lines and to the driveway of any adjacent lot; and

(v)

Dimensions of the proposed temporary storage container;

(2)

Five (5) copies of elevations or photographs that depict the exterior appearance of the temporary storage container; and

(3)

Application fee as adopted by City Council.

(f)

Approval Authority. The Development Services Director has the authority to approve or deny an application for a temporary storage container permit, subject to compliance with the standards and requirements of this section.

(g)

Appeals. In the event that a person or other entity is not satisfied with the decision of the Development Services Director, an appeal may be filed with the Planning Commission within ten (10) days of the Director's decision, and the Planning Commission shall render a decision within thirty (30) days following such appeal.

(Ord. No. 1244, § 1, 11-7-2017)

In all zoning districts, specified conditional uses shall be permitted subject to the granting of a use permit. Because of their potentially incompatible characteristics, conditional uses require special consideration so that they may be located properly with respect to their effects on surrounding properties. In order to achieve these purposes and thus give the zone use regulations of this chapter additional flexibility necessary to achieve its objectives, the Commission is empowered to grant and to deny applications for use permits and to impose reasonable conditions upon the granting of use permits, subject to appeal review by the Council.

(Prior code § 10-2.3401)

The Commission may grant use permits for such conditional uses as are prescribed in the zone regulations of this chapter in accordance with the procedure set forth in this article.

(Prior code § 10-2.3402)

Applications for use permits shall be made to the Commission on a form which shall include the following data:

(a)

The name and address of the applicant;

(b)

A statement that the applicant is the owner of the property, or is the authorized agent of the owner, or the plaintiff in an action of eminent domain to acquire the property involved;

(c)

The address or description of the property;

(d)

A statement setting forth the precise circumstances or conditions applicable to the land, structure, or proposed use which makes the granting of a use permit necessary, together with any other data pertinent to the findings prerequisite to the granting of a use permit;

(e)

A drawing of the site and the surrounding area, for a distance of at least 300 feet from each boundary of the site, showing the existing locations of streets and property lines and a list of the names and last known addresses of the recorded legal owners as shown on the latest adopted assessment roll of the County of all properties shown on the drawing. The County Assessor's maps, copies of which are available at cost in the Community Development Department, may be used for this purpose;

(f)

Ten (10) prints of a site plan, drawn to scale, which shall indicate clearly and with full dimensions the following information:

(1)

The lot or site dimensions;

(2)

The buildings and structures; floor plan, front and side elevations; and location, size, and proposed use;

(3)

The yards and space between buildings;

(4)

The walls and fences, location and height;

(5)

The off-street parking and off-street loading; the location, number of spaces, and dimensions of parking and loading areas; and the internal circulation pattern;

(6)

The access, pedestrian, vehicular, and service; and the points of ingress and egress, including the internal circulation pattern;

(7)

The signs, location, size, height, and type of illumination, if any, including hooding devices;

(8)

The lighting, location, general nature, and hooding devices;

(9)

The street dedications and improvements;

(10)

The landscaping, location and type; and

(11)

Such other data as may be required by the Commission to make the required findings;

(g)

The site plan shall be so prepared by the applicant to enable the Commission to find that:

(1)

All the applicable provisions of this chapter are complied with;

(2)

The following are so arranged that traffic congestion is avoided and pedestrian and vehicular safety and welfare are protected and there will be no adverse effect on surrounding property:

(i)

Facilities and improvements;

(ii)

Vehicular ingress, egress, and internal circulation;

(iii)

Setbacks;

(iv)

Height of buildings;

(v)

Location of service;

(vi)

Walls and fences;

(vii)

Landscaping; and

(viii)

Drainage of site;

(3)

The proposed lighting is so arranged as to deflect the light away from adjoining properties; and

(4)

The proposed signs and outdoor advertising structures will comply with all of the applicable provisions of this chapter.

In making such findings, the Commission shall determine that approvals will be consistent with established legislative policies relating to traffic safety, street dedications, and street improvements; and

(h)

The application shall be accompanied by the required filing fee.

(Prior code § 10-2.3403) 10.08.4270

(a)

The Commission shall hold a public hearing on each application for a conditional use permit. Such hearing shall be held within thirty (30) days after the date the application was filed.

(b)

Notice of the public hearing shall be given not less than ten (10) days nor more than twenty (20) days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and place of the hearing to all persons whose names appear on the property owner's list submitted pursuant to the provisions of Section 10.08.4270 of this article.

(Prior code § 10-2.3404)

At the public hearing, the Commission shall review the application, and the statements and drawings submitted therewith, and shall receive pertinent evidence and testimony concerning the proposed use and the proposed conditions under which it would be operated or maintained, particularly with respect to the findings set forth in Section 10.08.4310 of this article.

(Prior code § 10-2.3405)

The Community Development Director or his designated representative shall make an investigation of the application as to its compliance with the provisions of Section 10.08.4270 of this article and shall prepare a report thereon which shall be submitted to the Commission. Such report shall include a recommendation as to the action to be taken by the Commission and a statement supporting such recommendation. The Community Development Director shall give written notice and a copy of the staff report to the applicant of the time when the application will be considered by the Commission.

(Prior code § 10-2.3406)

The Commission shall act on the application within forty (40) days following the closing of the public hearing. The Commission may grant an application for a conditional use permit as the use permit was applied for, or in modified form, if, on the basis of the application and the evidence submitted, the Commission makes all of the following findings:

(a)

That there are circumstances or conditions applicable to the land, structure, or use which make the granting of a use permit necessary for the preservation and enjoyment of a substantial property right;

(b)

That the proposed location of the conditional use is in accordance with the objectives of this chapter and the purposes of the zone in which the site is located;

(c)

That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare or materially injurious to, or inharmonious with, properties or improvements in the vicinity; and

(d)

That the proposed use will comply with each of the applicable provisions of this chapter.

A use permit may be revocable, may be granted for a limited time period, or may be granted subject to such conditions as the Commission may prescribe. The Commission may deny an application for a use permit. A use permit may not grant variances to the regulations prescribed by this chapter for which variance procedures are prescribed by Article 28 of this chapter.

(Prior code § 10-2.3407)

In recommending the approval of a conditional use permit, the Commission, in its resolution, shall state those conditions of approval necessary to protect the public health, safety, and general welfare. Such conditions may include:

(a)

Special yards, spaces, and buffers.

(b)

Fences and walls;

(c)

The surfacing of parking areas and provisions for surface water drainage, subject to City specifications;

(d)

Requiring street dedications and improvements, including service roads or alleys when practical;

(e)

The regulation of the points of vehicular ingress and egress;

(f)

The regulation of signs;

(g)

Requiring the maintenance of the grounds;

(h)

Requiring landscaping and the maintenance thereof;

(i)

The regulation of noise, vibration, odors, and other similar characteristics;

(j)

The regulation of the time for certain activities to be conducted on the site;

(k)

The time period within which the proposed use shall be developed;

(l)

A bond, deposit of money, or letter of credit for the completion of the street improvements and other facilities or for the removal of such use within a specified period of time to assure faithful performance on the part of the applicant; and

(m)

The security to be provided at the site;

(n)

Such other conditions as will make possible the development of the City in an orderly and efficient manner in conformance with the intent and purposes set forth in this chapter.

(Prior code § 10-2.3408)

(Ord. No. 1177, § 14, 1-15-2013)

The action of the Commission in granting or denying a use permit shall become final and effective fifteen (15) days after the date of such action, unless, within such fifteen (15) day period, an appeal is filed with the Council by any person dissatisfied with the decision of the Commission. The filing of such appeal within such time limit shall stay the effective date of the order of the Commission until such time as the Council has acted on the appeal as set forth in this chapter.

(Prior code § 10-2.3409)

Before a building permit shall be issued for any building or structure proposed as part of the approved conditional use permit application, the Building Official shall determine that the proposed building location, facilities, and improvements are in conformity with the approved site plan and conditions. Before a building may be occupied, the Building Official shall certify to the Commission that the site has been developed in conformity with the site plan and conditions approved by the Council.

(Prior code § 10-2.3410)

A use permit shall lapse and shall become void six (6) months following the date on which the use permit became effective unless, by conditions of the use permit, a greater time is prescribed in accordance with Section 10.08.4360 of this article or unless, prior to the expiration of six (6) months, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. A use permit may be renewed for an additional period of six (6) months or for a greater period, as prescribed in Section 10.08.4360 of this article, provided that, prior to the expiration of the time period granted, an application for the renewal of the use permit is filed with the Commission. The Commission may grant or deny an application for the renewal of a use permit.

(Prior code § 10-2.3411)

The Commission or Council may establish a greater time limit than that provided by Section 10.08.4350 of this article within which the subject property and use or any stage or phase thereof shall be commenced and completed. The time limits set by the Commission or Council shall be reasonable, based on the size, nature, and complexity of the proposed development. Such time limit may be extended by the Commission or Council for good cause, such as proof of an unusual hardship not of the applicant's own making.

(Prior code § 10-2.3412)

A conforming conditional use established prior to January 17, 1978, shall be permitted to continue.

A conditional use permit for an unestablished use granted under the provisions of the County Zoning Ordinance and amendments thereto prior to January 17, 1978, shall, upon the annexation of the property affected to the City, become null and void at the end of six (6) months following the date of its original approval or extension thereof granted by the County prior to the annexation.

The alteration or expansion of a conditional use established prior to January 17, 1978, shall be permitted upon the granting of a use permit; provided, however, a use permit shall not be required for accessory structures and uses located on the same site as a preexisting conditional use, and further provided that such accessory use shall be approved first as to site development in accordance with the provisions of Article 30 of this chapter.

A use permit shall be required for the reconstruction of a structure housing a conditional use established prior to January 17, 1978, if the structure is destroyed by fire or other calamity, or by act of God, or by the public enemy to the extent of fifty (50%) percent or more.

(Prior code § 10-2.3413)

Upon the violation of any applicable provision of this chapter, or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a use permit shall be suspended automatically. Notice of such suspension shall be sent by the Building Official immediately to the persons responsible for noncompliance. Within thirty (30) days of the suspension, the Commission shall consider the suspension. If not satisfied that the regulation, general provision, condition, or conditions are being complied with, the Commission may revoke the use permit or take such action as may be necessary to ensure compliance with the regulation, general provision, condition, or conditions.

(Prior code § 10-2.3414)

A use permit shall be indicated on the zoning map by a number located on the site of the conditional use.

(Prior code § 10-2.3415)

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same conditional use on the same or substantially the same site shall be filed within six (6) months after the date of the denial or revocation of the use permit.

(Prior code § 10-2.3416)

A use permit granted pursuant to the provisions of this article shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which was the subject of the use permit application. A use established under the provisions of this article shall be deemed a conforming use, even though the exercise of such use may cease for a period of time.

(Prior code § 10-2.3417)

All departments, officials, and public employees vested with the duty or authority to issue permits or licenses where required by law shall conform to the provisions of this chapter. No such license or permit for uses, buildings, or purposes, where such license or permit would be in conflict with the provisions of this chapter, shall be issued. Any such license or permit, if issued in conflict with the provisions of this chapter, shall be null and void.

(Prior code § 10-2.3418)