The Development Services Director shall prescribe the form in which applications shall be made for the reclassification of property, permits, amendments, and appeals. In addition to any other information required in connection with applications, a map shall be submitted with each application showing the boundaries of the subject parcel and each parcel within an area defined by TMC 9-5-120 for transmitting notices of hearings. This map shall include the Assessor's block and lot numbers of each parcel so shown. A list shall accompany the map giving the names and addresses of the property owners of the subject parcels. No application shall be accepted unless it is complete and complies with such requirements. The acceptance of an application shall not constitute any indication of approval.

The application shall be made on forms furnished by the Development Services Department and shall be full and complete. All applications shall include data such as building and site plans and other information necessary to assure the presentation of all pertinent facts for the permanent record and to assist in determining the validity of the request.

An application for a permit, reclassification of land, amendment, or appeal shall be accompanied by maps, drawings, and data as necessary to evaluate the proposed request for conformance with the General Plan and the provisions of this chapter.

The responsible official shall make, or cause to be made, an investigation of the facts bearing on the case to provide the information necessary to assure action consistent with the intent of this chapter and the Turlock Area General Plan and its amendments. A written report of such investigation shall be presented to the bodies charged with the responsibility of dealing with the specific action.

Upon the receipt of a complete and verified application, a reasonable time and place for a public hearing with the appropriate deciding body shall be established. The hearing shall be held in accordance with the procedures and requirements set forth in this article.

The application shall expire after one (1) year from the date of submittal or if the applicant fails to respond to an incomplete letter from the Planning Division within six (6) months of transmittal.

Any permit issued shall expire if the use permitted has not commenced within one (1) year of the date of approval or as otherwise specified in the permit. A use shall be deemed to have commenced upon issuance of a building permit, construction, the issuance of a certificate of occupancy from the Building Division, or approval of other permits deemed equivalent by the Development Services Director.

Any permit may be renewed for an additional period of one (1) year, provided an application for the renewal of the permit is filed with the acting agency prior to the expiration of the permit. The acting agency may grant or deny an application for renewal in the same manner as set forth in this article for the specific action in the original application.

Any permit, certificate, or license issued in conflict with the provisions of this article shall be null and void.

Unless otherwise specifically provided in this article, the acting agency may revoke or modify any permit or variance on one (1) or more of the following grounds:

Upon determining the violation of any applicable permit or variance granted according to the provisions of this chapter, the Development Services Director may automatically suspend that permit. The property owner will be notified immediately upon suspension. All operations of the use may be ordered to cease during the time of suspension if it is determined necessary in order to protect the health, safety, and general welfare of the public. A public hearing shall be held within sixty (60) days of notification of suspension. If, at this hearing, it is determined that the regulations, general provisions, and conditions are not being complied with, the permit or variance may be revoked or action may be taken to ensure compliance.

This chapter may be amended by changing the boundaries of districts, the classification of land, any regulations, or other provisions if required for the public necessity, convenience, or general welfare. Amendments may be authorized by the City Council upon a recommendation from the Planning Commission. The procedures and requirements set forth in this article shall govern all actions on amendments.

Amendments may be initiated as follows:

The application for an amendment shall be filed with the Secretary of the Planning Commission by the applicant. The applicant shall submit all the required data in accordance with the provisions of this article.

All applications for amendment shall be reviewed at a public hearing before the Planning Commission in accordance with the provisions of this article. The City Council shall take action on the proposed amendment at a public hearing subsequent to review and recommendation by the Planning Commission.

The procedures and requirements in TMC 9-5-121 through 9-5-130 shall govern the action on matters requiring public hearings.

The Secretary of the Commission or the Clerk of the Council shall set a reasonable time and place for public hearings. Hearings shall be held not less than fifteen (15) nor more than one hundred (100) days after the receipt of a completed application including all necessary documents or studies, unless different time limits are specified in this article for the specific actions.

The notice of a public hearing shall include the description of the property, the nature of the proposal, the time and place at which the public hearing will be held.

All notices of public hearings before the Planning Commission or the City Council shall be published in a newspaper of general circulation in the community not less than ten (10) days before the hearings.

All notice of public hearings before the Planning Commission shall be posted and transmitted or published, in accordance with the following requirements:

The Planning Commission or City Council shall review the application or proposed action and any evidence or reports pertinent to any action to be taken. The Planning Commission or City Council shall hear all persons wishing to be heard on the subject for the public hearing. The applicant or appellant may appear in his own behalf or be represented by other authorized representatives.

Any person interested in an application, appeal, or proposed action may request a copy of the recorded tapes, if any, within two (2) weeks of the hearing date. Any request shall be submitted in writing, and the person making the request shall agree to pay all the costs involved in obtaining a copy of the tapes. Nothing in this section shall prevent any interested person from employing a stenographic reporter of his own if he so chooses.

If, for any reason, a public hearing cannot be held on the date set, the Planning Commission may reschedule the hearing to a later date. When rescheduled to within thirty (30) days of the original hearing date, the Planning Commission may publicly announce the time, place, and location of the rescheduled hearing and additional notice will not be required. Otherwise, if the hearing is rescheduled beyond thirty (30) days, additional public notice will be required in accordance with TMC 9-5-117 through 9-5-120.

The Planning Commission shall provide its recommendations to the project applicant within ten (10) days after the conclusion of the public hearing. Such action shall be by resolution which shall set forth the findings of the Planning Commission and any recommended conditions and any specific findings or recommendations specified in this article for the specific action thereon. The action shall be by a majority vote of all the voting members.

Not later than ten (10) days following the rendering of a decision or recommendation, a copy of the resolution shall be transmitted to the applicant at the physical or electronic address shown on the application filed with the Secretary of the Planning Commission. Other copies of the resolution shall be transmitted or filed as specified in this article for the specific action thereon.

The Secretary of the Planning Commission shall maintain a record of the evidence presented at such public hearing. If the Planning Commission recommends the approval of the application or the proposed action, the Secretary of the Planning Commission shall transmit the complete record of the case to the City Council. In the case of an appeal on a Planning Commission decision, the Secretary of the Planning Commission shall transmit the complete record of the case to the City Council immediately after the appeal is filed.

The City Council shall take action on recommendations from the Planning Commission by approving, conditionally approving, or disapproving proposed applications. City Council action shall be taken by resolution or, in the case of amendment to the zoning regulations, by ordinance. Such resolution shall set forth the findings of the City Council and any required conditions, including the time limits and the guarantees necessary to insure compliance with the provisions of this chapter and the General Plan.

Not later than ten (10) days following the rendering of a decision, a copy of the resolution or ordinance shall be forwarded to the Secretary of the Planning Commission by the City Clerk.

The City Clerk shall make a record of the evidence presented at the public hearing. The record, together with the resolution or ordinance announcing the findings of the public hearing, shall be maintained as a part of the permanent records of the City.

Any action or decision of the Planning Commission rendered pursuant to the provisions of this chapter may be appealed as provided by Chapter 1-4 TMC. Any action of the Development Services Director made hereunder may be appealed to the Planning Commission in the same manner as provided by Chapter 1-4 TMC.

Following the denial or revocation of any permit or variance, an application for the same or similar use on the same site shall not be accepted for submittal to the acting agency within a one (1) year period after the date of denial or revocation.

The purpose of a zoning certificate is to provide a preliminary review for proposed business uses to determine consistency and conformance with requirements of the applicable zoning district.

A zoning certificate shall be required prior to the commencement of any new business use or change of ownership upon application for a business license. A zoning certificate shall not be required for the renewal of a business license for existing businesses.

An application for a zoning certificate may be made at the same time the application for a business license is made. The acceptance of an application shall not constitute any indication of approval.

The Development Services Director shall check the application to assure compliance with all the provisions of this chapter and may issue the zoning certificate upon determining that proposed use either conforms with the standards of the applicable zoning district or constitutes a previously conforming use.

Should the Development Services Director determine that the proposed use does not conform to the standards of the zoning district or constitute a previously existing conforming use, approval of the zoning certificate application shall be denied.

The zoning certificate shall become effective immediately after the issuance of such certificate by the Development Services Director. However, the approved use shall not commence until a certificate of occupancy has been issued by the Building and Safety Division.

The zoning certificate shall expire six (6) months after the effective date if the use has not commenced within this time. If the approved use has commenced within six (6) months of the effective date, the zoning certificate shall expire concurrently with the expiration of any associated business license.

No home occupation shall be established in a residence until a home occupation permit is approved by the Secretary of the Planning Commission.

An application for a home occupation permit shall be submitted to the Secretary of the Planning Commission by the person responsible for the operation of any home occupation. If the applicant is not the owner of the property involved, the applicant shall have a "consent of owner" form signed by the owner or his authorized representative.

A home occupation permit issued pursuant to the provisions of this article shall not include commercial photograph studios, beauty parlors, barber shops, or any similar service enterprises, that do not comply with the provisions of TMC 9-5-210 (Home occupation permits: Conditions: Issuance). Retail sales (except for goods produced on the premises), music schools, dancing schools, business schools, or other schools of any kind with organized classes, retail motor vehicle sales or repair, or any similar activities are prohibited.

If the use applied for does not meet the required conditions and standards, the Secretary of the Planning Commission shall deny the application.

A home occupation permit shall not expire unless revoked; however, the permit is not transferable to a different permittee, location, or use.

The home occupation permit granted under this article shall be subject to revocation by the Development Services Director, or designee, when the permittee violates any of the restrictions and conditions set forth in this article.

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.

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.

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.

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.

If requested prior to expiration, the minor administrative approval may be extended by the Development Services Director upon a finding of just cause.

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.

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.

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.

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 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.

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.

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.

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.

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.

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.

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.

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.

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:

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.

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:

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.

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.

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.

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.

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.

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.

These provisions shall ensure the following:

An application for a minor exception shall be filed in a manner consistent with the requirements contained in Article 3 of this chapter for minor discretionary permits.

The Development Services Director may grant a minor exception up to a maximum of ten (10%) percent governing only the following measurable design/site considerations:

The Development Services Director may approve and/or modify an application in whole or in part, with or without conditions, only if all of the following findings are made:

The burden of proof to establish the evidence in support of the findings as required by TMC 9-5-404 is the responsibility of the applicant.

The granting of a minor exception is not admissible as evidence for the granting of a new minor exception.

A minor exception approval shall expire after one (1) year if construction has not begun or the use commenced. If requested prior to expiration, the minor exception may be extended upon a finding of just cause.

Certain land uses of a temporary nature as defined in TMC 9-1-202 (Definitions) may be authorized by the Development Services Director pursuant to the proper application process and subject to the limitations and standards contained herein. Temporary land uses otherwise regulated by the Turlock Municipal Code (Christmas tree sales, fireworks stands, closeout sales, and other similar uses) shall be exempt from this article.

Any person may apply to the Development Services Department for approval of a temporary use of land not less than fifteen (15) days before the use is intended to begin. Such application shall be on a form prescribed for that purpose, and shall include the written consent of the owner of the property on which the use is to be located.

The Development Services Director may approve an application for a temporary use of land for a period of time as specified in this chapter only upon making all of the following findings:

A fee shall be paid by the applicant to cover the costs of processing and administering the temporary use of land permit application. Such fee shall be set by City Council resolution, and may be amended from time to time.

Upon acceptance of an application, the Planning Commission may grant a conditional use permit for a use allowed conditionally in the respective zoning district.

At the time an application for a conditional use permit is deemed complete, the Secretary of the Planning Commission shall set the date of hearing in the manner prescribed by law.

All actions of the Planning Commission relating to findings and recommendations shall be in accordance with the provisions of this article. The Planning Commission shall authorize the granting of the conditional use permit if it finds as follows:

If because of the size or character of the use proposed on a particular site, its location, or its relationship to adjoining parcels and uses, the Planning Commission is unable to make the findings set forth in TMC 9-5-504, the Planning Commission shall disapprove the conditional use permit application.

Immediately following the Planning Commission approval of a conditional use permit application, the Secretary of the Planning Commission shall cause a formal conditional use permit to be issued to the applicant.

The conditional use permit shall become effective on the eleventh calendar day after the date of approval, unless appealed on or before the tenth day.

The Planning Commission may establish a time limit for development of the subject property and use. The time limit set by the Planning Commission shall be reasonable, based upon the size and nature of the proposed development. Such time limit may be extended by the Planning Commission for good cause when the applicant presents proof of an unusual condition not of his own making.

If no specific time is specified, any permit granted by the Planning Commission or Council shall become null and void within one (1) year after the effective date of such permit. The permits shall not become null and void if:

If an application for renewal is filed prior to expiration, a conditional use permit may be renewed for an additional one (1) year period. The acting agency may grant or deny an application for renewal in the same manner as set forth for the original application.

Following the denial or revocation of a conditional use permit, an application for the same, or similar use on the same site, shall not be accepted for submittal to the Planning Commission within a one (1) year period after the date of denial or revocation.

The Planning Commission shall have the authority to investigate and hear an application for variance from the provisions of this article when a practical difficulty, unnecessary hardship, or inconsistent result is alleged due to the strict and literal interpretation of this article. Upon hearing the application, the Planning Commission may grant, conditionally grant, or deny the following applications for variance:

Completed applications and filing fees for a variance shall be submitted to the Secretary of the Commission.

Upon receipt of a completed variance application, the Secretary of the Planning Commission shall set a hearing in the manner prescribed by law.

All actions of the Planning Commission relating to findings and recommendations shall be in accordance with the provisions of this article. The Planning Commission shall grant, or conditionally grant, the requested variance upon determining at the public hearing that the following findings are established beyond reasonable doubt:

If, because of the size or character of the site, its location, or its relationship to adjoining parcels and uses, the Planning Commission is unable to make the findings set forth in TMC 9-5-616, the Planning Commission shall disapprove the granting of the variance.

In addition to the requirements of this article, a copy of the resolution granting or denying the variance shall be filed with the City Clerk, and a copy shall be sent to the Building Inspector by the Secretary of the Planning Commission.

Immediately following the approval of a variance application, the Secretary of the Planning Commission shall cause a certificate of variance to be issued to the applicant.

The variance shall become effective on the eleventh day after the copy of the resolution granting the variance is filed with the City Clerk, unless appealed on or before the tenth day.

The Planning Commission may establish a time limit for development of the subject property and use. The time limit set by the Planning Commission shall be reasonable, based upon the size and nature of the proposed development. Such time limit may be extended by the Planning Commission for good cause when the applicant presents proof of unusual conditions not of his own making.

If no time limit is specified, the granted variance shall become null and void within one hundred eighty (180) days following the effective date unless:

If an application for renewal is filed prior to the expiration, a variance may be renewed for an additional period of one hundred eighty (180) days. The Planning Commission may grant or deny an application for the renewal of a variance.

Following the denial or revocation of a variance, an application for the same, or similar request on the site, shall not be filed within one (1) year from the date of denial or revocation of a variance.

The purposes of prezoning territory prior to annexation into the City are:

The standards established and the process contained in this article shall not be applicable to the following types of annexation proposals to the City of Turlock:

Applications for prezoning and annexation of territory to the City of Turlock shall be submitted to the Secretary of the Planning Commission for evaluation. At the time the application is deemed complete, a date of hearing shall be set in the manner prescribed by law and in accordance with Article 1 of this chapter.

Each application submitted to the City of Turlock proposing prezoning and annexation of unincorporated territory shall be reviewed pursuant to the following application criteria:

If the territory proposed for annexation does not meet the above standard regarding location within the primary sphere of influence, the applicant has the opportunity to apply for an amendment to the primary sphere of influence line. In considering requests to amend the primary sphere of influence line, the City of Turlock shall be guided by the following standards:

If the proposed prezone and annexation application does not meet all of the findings referenced above, the application shall be considered premature and shall be denied.

A development agreement may be required for consideration in conjunction with the review of a prezone and annexation proposal when determined appropriate by the City. The application process for a development agreement shall be as specified in Article 9 of this chapter (Development Agreements), and shall include the payment of processing fees as established by City Council resolution which may be amended from time to time.

It is the policy of the City of Turlock (Turlock General Plan and Resolution 99-021 as amended from time to time), subject to certain exceptions, that all annexations of land to the City shall be accompanied by an appropriate area-wide plan. This requirement shall be accomplished by either the preparation of a specific plan as set forth in Government Code Section 65450 et seq. or by the preparation of a master plan as described below. A master plan shall be adopted by the procedure set forth in this article.

The provisions and regulations for historic site contracts are hereby established for the following purposes:

For the purpose of this section, pursuant to California Government Code Section 18955 of the Health and Safety Code, a qualified historical building or structure is any structure, collection of structures, and their associated sites deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. This shall include structures on existing or future national, State, or local historical registers or official inventories, such as the National Register of Historic Places, State Historical Landmarks, State Points of Historical Interest, and City or County registers or inventories of historical or architecturally significant sites, places, historic districts, or landmarks.

Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation, or continued use of a building or structure may be made as required by the State Historic Building Code, when authorized by the building official; provided, that:

No building or structure, or portion thereof, for which a historic site contract has been entered into, shall be removed, relocated, demolished, or structurally altered without prior approval from the Development Services Director in the form of a minor administrative approval as set forth in Article 3 of this chapter (Minor Administrative and Minor Discretionary Permits).

The City may cancel a contract if it determines that the owner has breached any of the conditions of the contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property. The City may also cancel a contract if it determines that the owner has failed to restore or rehabilitate the property in the manner specified in the contract.

This article may be referred to as the "Development Agreement Law of the City of Turlock."

This article is adopted pursuant to the provisions of Sections 65864 through 65869.5 of the California Government Code. The purpose of adopting this article is to establish procedures and requirements for the consideration of development agreements in conjunction with specific development plans.

Each application to enter into a development agreement shall be accompanied by the form of standard development agreement established by the City and approved by the City Council with such additional alternatives or modifications or changes as may be proposed by the applicant. Such alterations or modifications or changes as proposed by the applicant are not binding on the City and may or may not be approved for inclusion by the City Council.

The Development Services Department shall give notice of the City's intention to consider the adoption of a development agreement in conjunction with any other public hearing required by State law or this article at least ten (10) days prior to the hearing date.

After the hearing held by the Planning Commission, which may be held in conjunction with other required hearings for the project, the Planning Commission shall make its recommendation in writing to the City Council. The recommendation shall include findings on the Planning Commission's determination whether or not the proposed development agreement:

Either party may propose an amendment to or the cancellation, in whole or in part, of a development agreement previously entered into. If proposed by a developer, the procedure for proposing and the adoption of an amendment to or cancellation, in whole or in part, of the development agreement shall follow the same procedures required for entering into the development agreement (Government Code Section 65868). However, where the City initiates a proposed amendment or cancellation of the development agreement, the City shall provide thirty (30) days' advance notice to the property owner of the intention to initiate proceedings.

The Development Services Department shall review the development agreement every twelve (12) months after the date the agreement is entered into, until the project is fully implemented. After full project implementation, the City shall review the development agreement as often and in the manner as may be specified within the terms of each specific development agreement.

The purposes for establishing design review are as follows:

Design guidelines are advisory for permitted uses. However, the design guidelines should be incorporated as applicable in all development subject to a minor administrative permit, minor discretionary permit, conditional use permit or planned development proposal, to encourage the highest level of design quality while at the same time providing the flexibility necessary to encourage creativity on the part of project designers. Exceptions include: single-family residences on in-fill sites, interior remodels, or interior tenant improvements.

Upon receipt of an application, the Development Services Director or designee shall review the proposed project and determine the project adequately meets the following findings:

Enforcement of the provisions of this Code shall be diligently pursued in order to provide for their effective administration, to ensure compliance with any conditions of approval, to promote the City's planning efforts, and for the protection of the public health, safety, and welfare of the City.

All persons empowered with the authority to issue permits, licenses, certificates, or other approvals shall comply with the provisions of this title and grant no permit, license, certificate, or approval in conflict with these provisions. Any permit, license, certificate, or approval granted in conflict with any provision of this title shall be void.

It shall be unlawful to violate or fail to perform any condition, requirement, or restriction placed on any permit, planned development zone, variance, or other similar action.

It shall be the duty of the Neighborhood Preservation Officer, the Chief of Police, and the Development Services Director to enforce the provisions of this title. In addition to all other actions and/or remedies provided by this Code, any violation of this title shall be deemed a nuisance and enforcement proceedings shall be pursuant to Article 3 of Chapter 5-5 TMC (Nuisance Abatement Procedures), Article 1 of Chapter 4-16 TMC (Cost Recovery), and/or Article 1 of Chapter 2-11 TMC (Administrative Citations).