Chapter 17.10 — AGRICULTURAL DISTRICTS — Atwater Zoning Code

17.10.010 - Purpose. ¶

To preserve lands best suited for agricultural use from the premature encroachment of urban development, but to permit agricultural and recreational uses which may appropriately be located. To preserve in agricultural use land suited to eventual development in other uses, pending proper timing for the economical provision of utilities, major streets and other facilities, so that compact, orderly development will occur.

(Ord. CS 521, 1983)

17.10.020 - Principal permitted uses. ¶

A.

Agriculture, including any customary agricultural building and structure and such uses as livestock, field crops, tree crops, nurseries and greenhouses, and any similar agricultural uses.

B.

Ranch and farm buildings appurtenant to a principal agricultural use;

C.

Publicly owned parks and recreation areas;

D.

One single-family residence.

(Ord. CS 521, 1983)

17.10.030 - Accessory uses.

A.

Community care facilities for up to 12 persons;

B.

Home occupations;

C.

Offices incidental and necessary to the conduct of a permitted use;

D.

Parking areas, swimming pools, stables and barns;

E.

Other accessory uses and farm buildings customarily appurtenant to a permitted use.

(Ord. CS 521, 1983)

17.10.040 - Conditional uses.

Subject to obtaining a conditional use permit from the Planning Commission:

A.

A second unit or granny housing;

B.

Public and quasi-public uses of a recreational, educational, religious, cultural or public service type, but not including corporation yards, storage, repair yards, warehouses or similar uses;

C.

Riding stables and dairies;

D.

Kennels, veterinary clinics and animal hospitals;

E.

Animal feed and sales yards;

F.

Roadside stands not exceeding 300 square feet in floor area, for the sale of agricultural products grown on the premises;

G.

Recreation areas, including country clubs, neighborhood swimming pools, golf clubs and ranges, and any structure appurtenant to these uses;

H.

Drive-in theaters;

I.

Cemeteries and mausolea;

J.

Any other compatible agricultural uses as approved by the Planning Commission.

(Ord. CS 521, 1983)

17.10.050 - Height regulations. ¶

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 521, 1983; Ord. CS 1056, § 1, 1-23-2023)

17.10.060 - Area and setback requirements. ¶

A-P, Agricultural Preserve, minimum area required: 10 acres; A-R, Agricultural Residential, minimum area required: 2 acres; R-R, Rural Residential, minimum area required: 1 acre.

Depth of a lot should not exceed three times the width, and width should not exceed two times the depth, unless waived by the Planning Commission if it can be proven that the proposed lots and shape of lots will lend itself to future subdivision and urban densities.

The following minimum requirements shall be observed, except where increased for conditional uses:

	Zoning Districts	Zoning Districts
	A-P	A-R	R-R
Lot area in acres	10	2	1
Lot width, in feet, minimum	275	175	120
Setbacks in feet, minimum
Front	30	30	30
Side:
interior	10	10	10
exterior	30	30	30
Rear	30	30	30

(Ord. CS 521, 1983)

17.10.070 - Other required conditions. ¶

A.

Off-street parking as required in Chapter 17.52;

B.

Site plan approval and design review required of all conditional uses;

C.

Any building or enclosure in which animals or fowl, except domestic pets, are contained shall be a distance of at least 200 feet from any residential or commercial district, or from any school, church, or institution for human care;

D.

Solid fences, hedges and walls shall be on the property line for interior lot lines, not to exceed six feet in height; for exterior lot lines a six foot solid fence shall not be allowed forward of the building setback line. Within the front yard and exterior side yard setback, no fence, hedge or wall shall exceed three feet in height. Exceptions may be approved by the Planning Commission.

E.

Accessory buildings can be located any place on the lot, except in the exterior setback, and have to comply with building and fire codes only.

F.

That no more than four animals (livestock) per acre be allowed.

(Ord. CS 521, 1983)

CHAPTER 17.12 - ADMINISTRATION AND GENERAL CONDITIONS

17.12.010 - Building permit—Required. ¶

In order to develop the land to its best use as determined by the various zones established in Section 17.09.010, a building permit is required for any structure.

(Prior Code § 10-3.601)

17.12.020 - Building permit—Checked by building inspector. ¶

The building permit shall be checked by the building inspector and when necessary referred to the board of architectural review in order that all land use and construction shall conform to the general pattern established for that area, and shall not be of the type that would depreciate values by unsightly construction.

(Prior Code § 10-3.602)

17.12.030 - Building permit—New dwelling units. ¶

A.

Building permits for new dwelling units shall only be issued for lots with curbs and gutters. If the lot has no curbs and gutters, the building permit will be based upon plans that include curbs and gutters.

B.

If the City Engineer requests additional public improvements, the Community Development Director may consider requiring the additional public improvements beyond curbs and gutters. Final inspection shall not be made until the City Engineer has approved the installation of all required public improvements.

C.

If the City Engineer finds that the street grade is such that required public improvements cannot be installed as part of the building permit procedure, a binding agreement running with the land is to be executed requiring public improvement installation at City-designated time.

D.

This section is applicable to all lots that are not covered specifically by site plan and architectural control or current subdivision (including minor subdivision, lot splits, etc.) requirements.

(Prior Code § 10-3.602.1; Ord. CS 1059, § 1, 3-27-2023)

17.12.040 - Appeal to decision of building inspector.

A.

If the applicant is dissatisfied by the decision of the building inspector, he shall have the right to appeal to the Commission and a hearing shall be held thereon after which the Commission may order issuance of a building permit or it may withhold issuance of same if not satisfied that proposed plans are in the spirit of and in keeping with the provisions of this title.

B.

The notice, if any, of the public hearing on the report of the Commission and the application for architectural control review shall be in the time, form, and manner directed by the Community Development Director, or designee.

(Prior Code § 10-3.603; Ord. CS 1059, § 1, 3-27-2023)

17.12.050 - Reserved. ¶

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.12.050, which pertained to interpretation of no action—Appeal to Council and derived from prior Code § 10-3.604.

17.12.060 - Public or government structures require Planning Commission approval. ¶

No public and/or governmental building, fountain, monument, wall, arch, or other structure shall be erected, placed on or upon, removed from, relocated or materially altered on or upon any public land or allowed to extend over or upon any street, avenue, square, park, recreation ground, or other public property unless plans for the same and the location thereof have first been submitted to the Planning Commission to ensure consistency with the City of Atwater's Policies, Codes, and guidelines.

(Prior Code § 10-3.605; Ord. CS 1059, § 1, 3-27-2023)

17.12.070 - Setbacks and eaves. ¶

Front, rear, and side yard setback lines shall be maintained in each land use district as required. Eaves or overhangs may project a maximum distance of two feet beyond the minimum front, rear, or side yard setback lines.

(Prior Code § 10-3.606)

17.12.080 - Use prohibited except where permitted.

For the orderly and balanced development of the community, and in order to assure opportunities for continued prosperity through provision for orderly growth and expansion of the uses normal to each district and in order to reduce the ill effect and blight that usually accompanies mixed use in all cities, there are set forth in this chapter the uses permitted and the conditions to use in each land use district in the City. No use shall be permitted in residential, commercial, or industrial districts other than those uses for which the district is zoned.

(Prior Code § 10-3.607)

17.12.090 - Site plan and architectural control.

All applications for building permits for permitted and conditional uses, other than agricultural residential, residential estate, and single-family residential buildings and minor structures for the conduct of a business which is to be conducted primarily in the open air outside of a structure, applications for use permits, proposed structures and parking layouts, and the plans, site plans, elevations and landscaping plans shall constitute application for site plans and architectural control review. Unless otherwise referred to the Planning Commission for purposes of efficiency and consolidation of review with other approvals or entitlements, it shall be the duty of the Community Development Director, or designee, to approve applications for site plans and architectural control review to ensure all applications are consistent with the adopted Residential Design Guidelines or Commercial and Industrial Guidelines, as amended from time to time. Such approval shall expire six months from date of approval if operation or construction has not started, or if the use has been discontinued for six months or longer. A one-year extension may be considered for just cause.

(Prior Code § 10-3.608; Ord. CS 1059, § 1, 3-27-2023)

17.12.095 - Appeal.

If the applicant is aggrieved by the Community Director's decision to deny the architectural plans and site plans, the applicant may appeal such decision in writing to the Planning Department within ten calendar

days from the date of the action. The filing of an appeal shall stay all proceedings in furtherance of the action taken by the Planning Commission.

At the conclusion of the hearing, the Planning Commission shall render a decision on the appeal and may affirm, reverse, or modify the decision of the Community Development Director as it deems just and equitable on the premises.

(Ord. CS 1059, § 1, 3-27-2023)

17.12.100 - Uses, subject to chapter.

Subject to the provisions of this title, the uses set forth in Chapters 17.18 through 17.54, inclusive, and Chapter 17.63, are permitted and regulations relative to conditions to use are established within and with regard to various land use districts.

(Prior Code § 10-3.609)

17.12.110 - Minimum setback. ¶

The minimum building or structure setback to be provided by any development to abut the following major streets within the City limits shall be 65 feet measured from the established or proposed centerline of the street. Affected streets: Bellevue Road, Winton Way, First Street, and Shaffer Road. Further, a minimum building or structure setback of 76.5 feet shall be maintained on the northerly side of Atwater Boulevard, said setback being measured from the recognized south property line of Atwater Boulevard as it appears on the effective date of the ordinance codified in this title.

(Prior Code § 10-3.610)

17.12.120 - Vision clearance for corner lots. ¶

In all zones which require a front yard, no obstruction to view in excess of three feet in height shall be placed on any corner or reversed corner lot within a triangular area formed by the street property line and a line connecting them at points 25 feet from the intersection of the street lines, except that street trees are permitted which are pruned at least eight feet above the established grade of the curb so as not to obstruct clear view by motor vehicle drivers.

(Prior Code § 10-3.611)

17.12.130 - Public utilities. ¶

The proposed routes of public utilities, including but not limited to poles, lines or other structures or facilities used or usable solely for the purpose of producing, transmitting and/or distributing electricity, signal, or communication services, public utility pipeline and electric or telephone transmission lines, state highways and railroads shall be subject to review and approval by both the Planning Commission and the City Council.

(Prior Code § 10-3.612)

17.12.140 - Temporary real estate office.

Subject to obtaining of a conditional use permit, one temporary real estate office or one or more temporary real estate billboards not to exceed a total of 100 square feet in area, or both such office and billboard may be located on any new subdivision; provided, that such office and billboard, if located in an R zone, shall be used only for the sale of property located in the subdivision in which such office and billboard are located, and shall be removed at the end of two years from the date of the recording of the map of the subdivision upon which the office and billboard are located.

(Prior Code § 10-3.613)

17.12.150 - Temporary construction building. ¶

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 progress of such construction on such project; provided, that such temporary structure may not be maintained for a period exceeding one year.

(Prior Code § 10-3.614)

17.12.160 - Parking and storage of mobile homes. ¶

It is unlawful for any persons to place, keep or maintain or permit to be placed, kept or maintained, any mobile home, except a travel trailer, upon any lot, piece or parcel of land within the residential zones of the City, except in a mobile home park or in a residential zone wherein this is a permitted use. Any such unit located on property annexed to the City may be maintained as a non-conforming use.

(Ord. CS 484, 1981)

17.12.170 - Parking and storage of trailer, travel trailer, camper and recreational vehicle.

It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, a trailer, travel trailer, camp car, camper or recreational vehicle within the residential zones of the City, except in a mobile home park or travel trailer park with the following exceptions:

A.

Such facilities may be placed, kept or maintained wholly within a structure lawfully existing on the premises; or

B.

Such facilities may be placed within the rear or side yard setbacks.

C.

Such facilities may be placed within the front yard, provided the vehicle does not overhang the sidewalk or extend into the City right-of-way or the corner lot clearance area as specified in Section 17.12.120.

D.

Exemption: (1) Visitors who are not residents of the City of Atwater are exempt from the above for a period of 72 hours. (2) Any recreational vehicle mentioned in this section may be parked in the street for a period of 72 hours for loading, unloading, cleaning, or mowing the lawn.

E.

All units would have to meet the requirements listed in corner lot vision clearance specified in Section 17.12.120.

F.

Vans or pickups with camper shells which do not exceed an overall height of 84 inches, or pickups without camper shells are not considered to be recreational vehicles.

(Ord. CS 749, 9-8-1997; Ord. CS 489, 1981)

17.12.180 - Mobile living units in nonresidential zones. ¶

It is unlawful for any person to place, keep or maintain, or permit to be placed, kept or maintained, any mobile living unit upon any lot, piece or parcel of land within the nonresidential zones of the City other than in a mobile home park or trailer park except for storage, sale or business use, as permitted in such zone.

(Prior Code § 10-3.615(c); Ord. CS 364, 1978)

17.12.190 - Permitted locations of buses, motor trucks, trailers, semi trailers and truck-tractors.

It is unlawful for any person to place, keep or maintain, or to permit to be placed, kept or maintained, any bus, motor truck, trailer, semi trailer or truck tractor in the City of Atwater except for pickup or delivery service, or public agency or utility company vehicles while used on official business, or as part of the operation of a legally existing nonconforming use; provided, that in no case shall such bus, motor truck, trailer, semi trailer or truck tractor be parked at any location in the City of Atwater longer than required for such pickup or delivery service or official business, other than within the grounds of a legally existing nonconforming use located within the City of Atwater and of which operation the bus, motor truck, trailer, semi trailer or truck tractor is part. This section shall not apply to pickup trucks as defined in Section 17.06.630, travel trailers as defined in Section 17.06.625 nor does it apply to fifth-wheel travel trailers as defined in Section 17.06.258.

(Prior Code § 10-3.617; Ord. CS 755, 12-8-1997; Ord. CS 844, 9-13-2004)

17.12.195 - Fines.

A.

A first violation of Section 17.12.190 is punishable by a fine not to exceed $50.00.

B.

A second violation within one year of the first violation is punishable by a fine not to exceed $100.00.

C.

A third violation within one year of the first violation is punishable by a fine not to exceed $150.00.

(Ord. CS 755, 12-8-1997)

17.12.200 - Large scale development plans—Submission to Planning Commission. ¶

In any land use district or in areas newly annexed or proposed to be annexed to the City, plans for a large scale development may be submitted to the Planning Commission and City Council for their informal approval with regard to the overall development of such acreage.

(Prior Code § 10-3.618; Ord. CS 408, 1979)

17.12.210 - Planning Commission to prescribe form and scope of petitions. ¶

The Planning Commission shall, in its rules, prescribe the form and scope of all petitions and applications provided for in this title and of accompanying data to be furnished so as to assure the fullest practicable presentation of facts for proper consideration of the matter involved in each case and for a permanent record. Any petition for a variance, use permit, or amendment as provided for in this title shall include a verification by at least one of the petitioners, attested before a notary public or before the City Clerk.

(Prior Code § 10-3.2601)

17.12.220 - Enforcement. ¶

A.

All departments, officials and public employees of the City vested with the duty or authority to issue permits shall conform to the provisions of this title and shall issue no permit, certificate, or licenses for uses, buildings, or purposes in conflict with the provisions of this title; and any such permit, certificate, or license issued in conflict with the provisions of this title shall be null and void.

B.

It shall be the duty of the building inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration, or addition to any building or structure.

(Prior Code § 10-3.2701)

17.12.230 - Public nuisance—Abatement. ¶

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title, and any use of any land, building or premises established, conducted, operated, or maintained contrary to the provisions of this title, is unlawful and a public nuisance, and the City Attorney shall upon order of the Council immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take over other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure, and restrain and enjoin any person from setting up, erecting, building, maintaining, or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and exclusive.

(Prior Code § 10-3.2702)

17.12.240 - Reserved. ¶

Editor's note— Ord. CS 938, § 1, adopted Jan. 28, 2013, repealed § 17.12.240, which pertained to fee exemptions and derived from prior Code § 10-3.2801.

CHAPTER 17.15 - OS OPEN SPACE COMBINING DISTRICT

17.15.010 - Purpose. ¶

The purpose of the open space combining district is to protect and maintain land to be used for outdoor recreation, the maintenance of public safety, and to encourage proper and orderly growth of the City to efficiently utilize public services, and to enhance the environment.

(Prior Code § 10-3.601A)

17.15.020 - Applicability. ¶

The restrictions set forth in the open space combining district zone shall apply to those areas designated on the land use and zoning map as the basic zone followed by the symbol OS (e.g., R-1-OS).

(Prior Code § 10-3.602A)

17.15.030 - Uses permitted.

Uses permitted in open space combining district are:

A.

Open uses not requiring issuance of a building permit, parks and recreational facilities and playgrounds including structures strictly related to recreation, flood plains, airport clear zones, public utilities, roads, trails, bikeways, information and directional signs, and temporary uses such as carnivals, fairs, exhibits and contests;

B.

Subject to obtaining a use permit accessory buildings in conjunction with existing land use, and all other uses permitted in the base zone.

(Prior Code § 10-3.603A)

17.15.040 - Review procedure. ¶

In reviewing use permits pertaining to development within an open space combining district, the Commission must determine that the proposed development and use is in keeping with the intent of open space and conservation element of the general plan.

(Prior Code § 10-3.604A)

CHAPTER 17.16 - LOW DENSITY RESIDENTIAL DISTRICTS

17.16.010 - Purpose. ¶

To protect the value and charm of the existing residential areas, and to promote health, safety, comfort, convenience, and the general welfare, the following single-family residential districts are established by this chapter:

R-E Residential Estate

R-1-10, R-1-8, R-1-6, and R-1-5.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

17.16.020 - Principal permitted uses.

A.

One single-family dwelling per lot.

B.

Supportive housing as defined in Section 17.06.613.

C.

Transitional housing as defined in Section 17.06.627.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1014, § 3, 9-23-2019; Ord. CS 1069, § 4(Exh. A), 11-122024)

17.16.030 - Accessory uses.

Accessory buildings and uses customarily appurtenant to a single-family residence, such as:

A.

Garages, carports, off-street parking areas;

B.

Private swimming pools;

C.

Sheds for tools and garden equipment (see Section 17.16.080);

D.

Parabolic antennas;

E.

Living quarters for relatives, friends, or persons regularly employed on the premises, but not rented or otherwise conducted as a business, provided that no kitchen facilities are installed;

F. Community care facilities;

G.

Occupations conducted away from home, when the residence is used only as business address. (See definitions: Home Occupation.)

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

17.16.040 - Conditional uses requiring a permit. ¶

A.

Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses;

B.

Home occupations;

C.

A second unit with kitchen and bath facilities, if in compliance with Chapter 17.28.

D.

Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

17.16.045 - Prohibited uses.

The maintenance of kennels, and storage for any commercial purpose shall be prohibited.

(Ord. CS 559, 1984; Ord. CS 529, 1983; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

17.16.050 - Lot area, dimension, setbacks, density, and coverage.

The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.

	R-E	R-1-10	R-1-8	R-1-6	R-1-5
Minimum Lot Area per dwelling unit (sq. ft.)	16,000	10,000	8,000	6,000	5,000
Minimum Lot Width (feet), Interior Lot	110	100	80	60	50
Minimum Lot Width (feet) Corner Lot	110	100	80	70	60
---	---	---	---	---	---
Minimum Lot Depth	130	100	100	100	100
Minimum Lot Depth Knuckle Lot	120	90	90	90	90
Minimum Lot Depth Cul-de-sac Lot	110	80	80	80	80
Minimum Front yard Setback (exterior)	20	20	20	20	10
Minimum Rear yard Setback	20	20	20	15	5
Minimum Side yard Setback (interior)	10	10	5	5	5
Minimum Side yard Setback Corner Lot
abutting a front yard	20	20	15	15	10
abutting a side yard	10	10	10	10	2
Minimum Landscaped or open recreational area	30 percent	30 percent	30 percent	30 percent	25 percent

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 1069, § 4(Exh. A), 11-12-2024; Ord. CS 1076, § 4(Exh. B), 11-10-2025)

17.16.055 - Exceptions to setback requirements.

Setback requirements along major arterials shall supersede the requirements of this chapter.

A.

To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard by the same number of feet.

If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number feet.

B.

Side yard for boat and RV parking. If the property owner adds an extra five feet to a five foot side yard requirement, in order to park vehicles behind the front yard setback, he may encroach by five feet into the rear yard setback.

C.

Single family residential setbacks for lots that front on a cul-de-sac bulb and have an average lot depth of less than 100 feet may encroach by up to five feet into the required front yard setback provided the garage be no closer than 20 feet to the property line.

D.

Attached unenclosed patio covers may encroach by ten feet into the required rear yard setback.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 595, 1985; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

17.16.060 - Height of structures.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1056, § 1, 1-23-2023; Ord. CS 1069, § 1(Exh. A), 11-122024)

17.16.065 - Fences.

Fences constructed from wood may not exceed seven feet in height on the interior property lines, but may not exceed three feet in height in exterior setbacks or within the clear-zone. A chainlink fence without slats or similar type, which does not block the view, may be four feet high within exterior setbacks. On all corner lots, exterior side yard fence constructed from wood may be seven feet in height, set back ten feet from the property line.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-122024)

17.16.070 - Exterior yards or setbacks.

An exterior yard or setback shall be identified as follows: All yards adjacent to a public right-of- way shall be exterior yards.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 1069, § 3(Exh. A), 11-12-2024)

17.16.080 - Other required conditions.

A.

Off-street parking as required elsewhere in this title.

B.

Clear zone: On corner lots, the maximum height within 25 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.

C.

Landscaping shall not obscure ingress or egress of neighboring properties so as to endanger health and safety.

D.

Distance between main buildings shall be a minimum of ten feet, unless fire or building code require a larger distance.

E.

Zero lot line may be established in Planned Development zones and in new development in compliance with Article 16, Subdivision Ordinance of the Atwater Municipal Code.

F.

Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback, and may not be placed within five feet of the interior rear or side property line.

G.

Accessory buildings on through lots shall have not less than 20 feet to the rear property line.

H.

An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.

I.

Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (for accessory structures exceeding 500 square feet in size see Section 17.16.040).

J.

Reserved.

K.

Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.

(Ord. CS 529, 1983; Ord. CS 559, 1984; Ord. CS 804, 8-12-2002; Ord. CS 905, § 1, 5-26-2009; Ord. CS 1069, § 4(Exh. A), 11-12-2024)

17.16.090 - Reserved. ¶

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.16.090, which pertained to site plan and design review.

CHAPTER 17.17 - MEDIUM-DENSITY SINGLE-FAMILY RESIDENTIAL DISTRICTS

17.17.010 - Purpose. ¶

To provide the opportunity for all people to afford a single-family home, while promoting health, safety, comfort, convenience, and the general welfare, the following medium-density, single-family residential districts are established by this chapter: R-1-5, R-1-4, and R-1-3.

(Ord. CS 545, 1984)

17.17.020 - Principal permitted uses.

A.

One single-family dwelling per lot.

B.

Supportive housing as defined in Section 17.06.613.

C.

Transitional housing as defined in Section 17.06.627.

(Ord. CS 545, 1984; Ord. CS 1014, § 3, 9-23-2019)

17.17.030 - Accessory uses.

Accessory buildings and uses customarily appurtenant to a single-family residence, such as:

A.

Garages, carports, off-street parking areas;

B.

Private swimming pools;

C.

Sheds for tools and garden equipment; (See Section 17.17.080)

D.

Occupations conducted away from home, when the residence is used only as a business address. (See definitions: Home Occupation.)

(Ord. CS 545, 1984)

17.17.040 - Conditional uses requiring a permit. ¶

A.

Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses;

B.

Home occupations;

C.

Patio homes.

D.

Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.

(Ord. CS 545, 1984; Ord. CS 804, 8-12-2002)

17.17.045 - Prohibited uses. ¶

The maintenance of kennels, and storage for any commercial purpose shall be prohibited.

(Ord. CS 545, 1984)

17.17.050 - Lot area, dimension, setbacks, density, and coverage. ¶

The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.

	R-1-5	R-1-4	R-1-3
Minimum Lot Area per dwelling unit (sq. ft.)	5,000	4,000	3,000
Minimum Lot Width (feet), Interior Lot	50	50	40
Minimum Lot Width (feet), Corner Lot	60	60	50
Minimum Lot Depth (feet)	100	80	60
Minimum Front yard Setback (exterior)	10	10	10
Minimum Side yard Setback (interior)	5	5	5
Minimum Side yard Setback, Corner Lot
abutting a front yard	10	10	10
abutting a side yard	5	5	5
Minimum Rear yard Setback	5	5	5
Minimum Landscaped and open space recreation area	25 percent	25 percent	25 percent

(Ord. CS 545, 1984)

17.17.055 - Exceptions to setback requirements. ¶

A.

Setback requirements along major arterials shall supersede the requirements of this chapter.

B.

To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard setback requirement.

If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number of feet.

C.

Zero lot line may be granted for side and rear property line if in compliance with the Fire and Building Code, Title 16 of this Code and Planning Commission approval.

(Ord. CS 545, 1984)

17.17.060 - Height of structures.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 545, 1984; Ord. CS 1056, § 1, 1-23-2023)

17.17.065 - Fences.

Fences to comply with Section 17.16.070

(Ord. CS 545, 1984)

17.17.070 - Exterior yards or setbacks.

An exterior yard or setback shall be identified as described in Section 17.16.070

(Ord. CS 545, 1984)

17.17.080 - Other required conditions.

A.

Off-street parking as required elsewhere in this Title;

B.

Clear zone: On corner lots, the maximum height within 20 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.

C.

Landscaping shall not obscure ingress or egress of neighboring properties so as to endanger health and safety.

D.

Distance between main buildings shall be in compliance with the fire and building code.

E.

Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback, and must comply with the fire and building code.

Accessory buildings on through lots shall have not less than ten feet to the rear property line.

F.

An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.

G.

Parking as required elsewhere in this Title.

H.

Reserved.

I.

Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (For accessory structures exceeding 500 square feet in size see Section 17.17.040).

J.

Reserved.

K.

Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.

(Ord. CS 545, 1984; Ord. CS 804, 8-12-2002; Ord. CS 905, § 2, 5-26-2009)

17.17.090 - Reserved. ¶

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.17.090, which pertained to site plan and design review and derived from Ord. CS 545, 1984.

CHAPTER 17.19 - MEDIUM-DENSITY TWO-FAMILY RESIDENTIAL DISTRICTS

17.19.010 - Purpose. ¶

To provide for two dwelling units per lot, while protecting the value and charm of the existing residential areas, and to promote health, safety, comfort, convenience, and the general welfare, the R-2, two-family residential district is established by this chapter.

(Ord. CS 551, 1984)

17.19.020 - Principal permitted uses.

A.

Two single-family dwellings, or one duplex per lot.

B.

Supportive housing as defined in Section 17.06.613.

C.

Transitional housing as defined in Section 17.06.627.

(Ord. CS 551, 1984; Ord. CS 1014, § 3, 9-23-2019)

17.19.030 - Accessory uses.

Accessory buildings and uses customarily appurtenant to a single-family residence, such as:

A.

Garages, carports, off-street parking areas;

B.

Private swimming pools;

C.

Sheds for tools and garden equipment; (See Section 17.16.080)

D.

Occupations conducted away from home, when the residence is used only as a business address and no home occupation is operated at the residence. (See definitions: Home Occupation.)

(Ord. CS 551, 1984)

17.19.040 - Conditional uses requiring a permit.

A.

Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses;

B.

Home occupations.

C.

Reserved.

D.

Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.

(Ord. CS 551, 1984; Ord. CS 804, 8-12-2002)

17.19.045 - Prohibited uses.

The maintenance of kennels, and storage for any commercial purpose shall be prohibited.

(Ord. CS 551, 1984)

17.19.050 - Lot area, dimension, setbacks, density, and coverage.

The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.

	R-2
Minimum Lot Area (sq. ft.)	6,000
Minimum Lot Area per dwelling unit (sq. ft.)	3,000
Minimum Lot Width (feet), Interior Lot	60
Minimum Lot Width (feet), Corner Lot	70
Minimum Lot Depth (feet)	100
Minimum Front yard Setback (exterior)	15
---	---
Minimum Side yard Setback (interior)	5
Minimum Side yard Setback, Corner Lot
abutting a front yard	12
abutting a side yard	12
Minimum Rear yard Setback	20
Minimum Landscaped and open recreational area	30 percent

17.19.055 - Exceptions to setback requirements. ¶

A.

Setback requirements along major arterials shall supersede the requirements of this Chapter.

B.

To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard setback requirement.

If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number of feet.

C.

Side yard for boat and RV parking. If the property owner adds an extra five feet to a five-foot side yard requirement, in order to park vehicles behind the front yard setback, he may encroach by five feet into the rear yard setback.

(Ord. CS 551, 1984)

17.19.060 - Height of structures. ¶

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 551, 1984; Ord. CS 1056, § 1, 1-23-2023)

17.19.065 - Fences. ¶

Fences to comply with Section 17.16.065.

(Ord. CS 551, 1984)

17.19.080 - Other required conditions.

A.

Off-street parking as required elsewhere in this Title.

B.

Clear zone: On corner lots, the maximum height within 20 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.

C.

Landscaping shall cover a minimum of 30 percent of the lot, and shall not obscure ingress or egress of neighboring properties so as to endanger health and safety. Landscaping shall comply with City Landscape Standards.

D.

Distance between buildings shall comply with the fire and building codes.

E.

Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback. Interior rear and side yard setback shall comply with building and fire codes.

Accessory buildings on through lots shall have not less than 20 feet to the rear property line.

F.

An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.

G.

Parking as required elsewhere in this Title.

H.

Reserved.

I.

Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (for accessory structures exceeding 500 square feet in size see Section 17.19.040).

J.

Reserved.

K.

Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.

(Ord. CS 551, 1984; Ord. CS 667, 1990; Ord. CS. 804, 8-12-2002; Ord. CS 905, § 3, 5-26-2009)

17.19.090 - Reserved. ¶

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.19.090, which pertained to site plan and design review and derived from Ord. CS 551, 1984.

CHAPTER 17.21 - SINGLE-FAMILY RESIDENTIAL/MOBILE HOME DISTRICT

17.21.010 - Purpose. ¶

To provide the opportunity for modular or mobile homes to be placed on a single lot in a single-family residential district while protecting the value and charm of the existing residential area, and to provide health, safety, comfort, convenience, and the general welfare, the R-1-M, Single-Family Residential/Mobile home District has been established.

(Ord. CS 554, 1984)

17.21.020 - Principal permitted uses.

A.

One single-family dwelling per lot.

B.

One mobile home per lot, providing:

1.

Placed on a foundation system pursuant to Section 18551 of the Health and Safety Code.

2.

Certified under the National Mobile Home construction and Safety Standards Act of 1974 (42 USC Section 5401, et seq.).

A building permit has been obtained according to the requirements of Section 18551(a) of the Health and Safety Code.

C.

Supportive housing as defined in Section 17.06.613.

D.

Transitional housing as defined in Section 17.06.627.

(Ord. CS 554, 1984; Ord. CS 1014, § 3, 9-23-2019)

17.21.030 - Accessory uses.

A.

Accessory buildings and uses customarily appurtenant to a single-family residence such as garage or offstreet parking area.

B.

Swimming pools (private).

C.

Sheds for tools and garden equipment.

(Ord. CS 554, 1984)

17.21.040 - Conditional uses requiring permit.

A.

Public and quasi-public buildings and uses of a recreational, educational religious, cultural or public service type; not including corporation yards, storage, repair yards, warehouses or similar uses.

B.

Home occupations.

(Ord. CS 554, 1984)

17.21.045 - Prohibited uses. ¶

The maintenance of kennels or storage for any commercial purpose shall not be permitted. No properties fronting on Scenic Routes may be zoned for this district.

(Ord. CS 554, 1984)

17.21.050 - Lot area, dimensions, setbacks, density and coverage.

The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact.

	R-1-M
Minimum lot area per dwelling unit	5,000 sq. ft.
Minimum lot width (feet), interior lot	50
Minimum lot width (feet), corner lot	60
Minimum lot depth (feet)	80
Front yard setback	15
Rear yard setback	15
Side yard setback (interior)	5
Side yard setback (corner lot abutting a street)	15
Landscaped or open recreational area	30 percent

(Ord. CS 554, 1984)

17.21.055 - Exceptions to setback requirements.

A.

Setback requirements along major arterials shall supersede the requirements of this Chapter.

B.

To offset the monotonous building setbacks, a property owner may choose to reduce the front yard setback by up to three feet, but shall be required to have the same number of feet added to the regular rear yard setback requirement.

If a property owner chooses to give an additional three feet or less in addition to the required front yard setback, he may reduce the rear yard by the same number of feet.

C.

Side yard for boat and RV parking. If the property owner adds an extra five feet to a five-foot side yard requirement, in order to park vehicles behind the front yard setback, he may encroach by five feet into the rear yard setback.

(Ord. CS 554, 1984)

17.21.060 - Height of structures.

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 554, 1984; Ord. CS 1056, § 1, 1-23-2023)

17.21.065 - Fences.

Fences shall comply with Section 17.16.065.

(Ord. CS 554, 1984)

17.21.070 - Other required conditions.

A.

A minimum of two enclosed off-street parking spaces shall be required, not to be located in any front or side yard setback.

B.

Clear zone: On corner lots, the maximum height within 25 feet of that point of the lot nearest to the street

intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health, or property.

C.

Landscaping shall not obscure ingress or egress of neighboring properties so as to endanger health and safety.

D.

Distance accessory buildings shall be a minimum of ten feet, unless fire or building code require a larger distance.

E.

Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback, and may not be placed within five feet on the interior rear or side property line.

Accessory buildings on through lots shall have not less than 20 feet to the rear property line.

F.

An accessory building or structure, which contains less than 120 square feet or projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such

structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.

G.

Occupations conducted away from home, when the residence is used only as a business address and no home occupation is operated at the residence. (See definitions: Home Occupation.)

(Ord. CS 546, 1984)

17.22.040 - Conditional uses requiring a permit. ¶

A.

Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses;

B.

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 546, 1984; Ord. CS 1056, § 1, 1-23-2023)

17.22.065 - Fences.

Fences to comply with Section 17.16.065.

(Ord. CS 546, 1984)

17.22.070 - Exterior yards or setbacks.

An exterior yard or setback shall be identified as described in Section 17.16.070

(Ord. CS 546, 1984)

17.22.080 - Other required conditions.

A.

Off-street parking as required elsewhere in this Title.

B.

Clear zone: On corner lots, the maximum height within 20 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health or property.

C.

Landscaping shall cover a minimum of 30 percent of the lot, and shall not obscure ingress or egress of neighboring properties so as to endanger health and safety. Landscaping shall comply with City Landscape Standards.

D.

Distance between buildings shall comply with the fire and building codes.

E.

Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback. Interior rear and side yard setback shall comply with building and fire codes. Accessory buildings on through lots shall have not less than 20 feet to the rear property line.

F.

An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.

G.

Parking as required elsewhere in this Title.

H.

Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.

I.

Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (For accessory structures exceeding 500 square feet in size see Section 17.22.040).

J.

Reserved.

K.

Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.

(Ord. CS 546, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995; Ord. CS 804, 8-12-2002; Ord. CS 905, § 5, 5-26-2009)

17.22.090 - Reserved. ¶

Editor's note— Ord. CS 1059, § 1, adopted March 27, 2023, repealed § 17.22.090, which pertained to site plan and design review and derived from Ord. CS 546, 1984.

CHAPTER 17.24 - HIGH DENSITY MULTI-FAMILY RESIDENTIAL DISTRICTS

17.24.010 - Purpose. ¶

To provide for high residential density per acre, while protecting the value and charm of the existing residential areas, and to promote health, safety, comfort, convenience, and the general welfare, the following multi-family residential districts are established by this chapter:

R-3-1.5 and R-3-1.0

(Ord. CS 547, 1984)

17.24.020 - Principal permitted uses.

A.

Single-family dwellings, duplex, and multi-family structures.

B.

Supportive housing as defined in Section 17.06.613.

C.

Transitional housing as defined in Section 17.06.627.

(Ord. CS 547, 1984; Ord. CS 1014, § 3, 9-23-2019)

17.24.030 - Accessory uses. ¶

Accessory buildings and uses customarily appurtenant to a single-family residence, such as:

A.

Garages, carports, off-street parking areas;

B.

Private swimming pools;

C. Sheds for tools and garden equipment (see Section 17.16.080);

D.

Occupations conducted away from home, when the residence is used only as a business address and no home occupation is operated at the residence. (See definitions: Home Occupation.)

(Ord. CS 547, 1984)

17.24.040 - Conditional uses requiring a permit. ¶

A.

Public and quasi-public buildings and uses of recreational, educational, religious, cultural, or public service types; not including corporation yards, storage, repair yards, warehouses and similar uses;

B.

Office for Manager of the apartment complex.

C.

Detached accessory structures greater than 500 square feet in size but cover less than 60 percent of the lot upon which it is constructed.

(Ord. CS 547, 1984; Ord. CS 804, 8-12-2002)

17.24.045 - Prohibited uses. ¶

The maintenance of kennels, and storage for any commercial purpose shall be prohibited.

(Ord. CS 547, 1984)

17.24.050 - Lot area, dimension, setbacks, density, and coverage. ¶

The following minimum requirements shall be observed, except where increased for conditional uses, or by the Planning Commission or City Council to mitigate environmental impact:

	R-3-1	R-3-1.5
Minimum Lot Area (sq. ft.)	10,000	10,000
Minimum Lot Area per dwelling unit (sq. ft.)	1,000	1,500
Minimum Lot Width (feet), Interior Lot	80	80
Minimum Lot Width (feet), Corner Lot	80	80
Minimum Lot Depth (feet)	100	100
Minimum Front yard Setback (exterior)	15	15
Minimum Side yard Setback (interior)	5	5
---	---	---
Minimum Side yard Setback, Corner Lot
abutting a front yard	15	15
abutting a side yard	15	15
Minimum Rear yard setback	15	15
Minimum Landscaped and open recreational area	30 percent	30 percent

17.24.055 - Exceptions to setback requirements. ¶

Setback requirements along major arterials shall supersede the requirements of this Chapter.

(Ord. CS 547, 1984)

17.24.060 - Height of structure. ¶

No building constructed in this zone shall exceed a height of 35 feet unless the following has occurred:

1.

The Fire Marshal and Chief Building Official, or designees, have both approved the site plans, improvement plans, and/or other required submittals for the project; and

2.

The Planning Commission makes all of the following findings:

A.

The applicant has adequately demonstrated a need for the project to exceed 35 feet in building height that is related to the project's benefit to the community, or due to site constraints, or in order to achieve desired architectural qualities;

B.

The project will be exemplary in its design;

C.

The project design will complement and be compatible with the setting and the character of the neighboring properties with sensitivity to any adjacent federal, state, and City or other historic landmarks;

D.

The project's proximity to railroads, airports, major freeways or highways, or other transportation hubs, stations, or centers will not interfere, impede, or otherwise disturb such transit services;

E.

The project is consistent and compatible with the City's General Plan, Zoning Code, and other adopted specific plans and/or master plans;

F.

Intended use of the project will enhance or promote the standard of living for City residents, and/or the local economy;

G.

The project's proposed height would not adversely affect visual blockage of light, air, or cause intrusion of privacy to adjacent and surrounding properties;

H.

The project is not detrimental to the health, safety, peace, comfort, and general welfare of persons or property in the neighborhood and surrounding environs, including without limitation, it will not affect emergency response times or services, nor seismic and/or structural integrity; and

I.

The project's proposed building height does not impede pedestrian or vehicular accessibility along any public or private pathways, sidewalks, driveways or roadways, visually impede any safe use of the same, or otherwise present a hazard to pedestrian or vehicular use of the same.

Additional conditions of approval may be imposed by the Planning Commission relative to the project as it relates to this section.

(Ord. CS 547, 1984; Ord. CS 1056, § 1, 1-23-2023)

17.24.065 - Fences.

Fences to comply with Section 17.16.065.

(Ord. CS 547, 1984)

17.24.070 - Exterior yards or setbacks.

An exterior yard or setback shall be identified as described in Section 17.16.070.

(Ord. CS 547, 1984)

17.24.080 - Other required conditions.

A.

Off-street parking as required elsewhere in this Title.

B.

Clear zone: On corner lots, the maximum height within 15 feet of that point of the lot nearest to the street intersection may not exceed three feet, and provided further, that no fence, hedge, wall or other natural or structural object shall in any way impair visibility at intersections in such a manner as to endanger life, health or property.

C.

Landscaping shall cover a minimum of 30 percent of the lot, and shall not obscure ingress or egress of neighboring properties so as to endanger health and safety. Landscaping shall comply with City Landscape Standards.

D.

Distance between buildings shall comply with the fire and building codes.

E.

Detached accessory buildings shall not exceed a height of 16 feet to the highest point of the roof, and shall not encroach on any exterior yard setback. Interior rear and side yard setback shall comply with building and fire codes.

Accessory buildings on through lots shall have not less than 20 feet to the rear property line.

F.

An accessory building or structure, which contains less than 120 square feet of projected roof area and is less than eight feet in overall height is exempt from the provisions of this chapter, provided that no such structure shall encroach on any exterior yard or easement, and that only one exempt structure is permitted per residential lot.

G.

Parking as required elsewhere in this Title.

H.

Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.

I.

Accessory structures shall not exceed 500 square feet in size or cause greater than 60 percent lot coverage (For accessory structures exceeding 500 square feet in size see Section 17.24.040).

J.

Reserved.

K.

Distance between main buildings and detached accessory buildings/structures shall be a minimum of five feet unless fire or building codes require a larger distance.

(Ord. CS 547, 1984; Ord. CS 667, 1990; Ord. CS 721, 3-27-1995; Ord. CS 804, 8-12-2002; Ord. CS 905, § 6, 5-26-2009)

17.26.030 - Mobile home park area and space requirements.

A.

Mobile home park area shall be a minimum of five acres;

B.

Minimum number of mobile home spaces: 20;

C.

Mobile home space minimum dimensions:


Mobile Home Size
	Single 8′ wide	Single 10′ wide	Double 10′ wide	Double 12′ wide	Double 14′ wide
Width	30′	40′	46′	50′	56′
Length	70′	70′	70′	70′	70′
	(2,100 sq. ft.)	(2,800 sq. ft.)	(3,220 sq. ft.)	(3,500 sq. ft.)	(3,920 sq. ft.)

Odd-shaped lots shall have equivalent minimum square footage as required for the appropriate mobile home.

(Ord. CS 555, 1984)

17.26.040 - Setback requirements. ¶

Setback of mobile home spaces, buildings, parking or recreational areas or other structures shall be:

A.

Twenty feet from all property lines along public streets;

B.

Five feet from park access drive and exterior property lines not fronting on public streets.

(Ord. CS 555, 1984)

17.26.050 - Mobile home park access drive development standards.

All areas not occupied by mobile homes, accessory structures, and other buildings, paving or recreational facilities shall be landscaped and maintained with lawn, ground cover, shrubbery or other ground materials approved by the Planning Commission. A minimum of 30 percent of the parcel shall be landscaped or open space recreation area.

B.

Landscaping shall comply with City Landscape Standards.

C.

Included in the 30 percent listed above shall be a recreational area and/or common park area

encompassing at least eight percent of the total area of the mobile home park. The location, accessibility, and adequacy of such recreational and park areas shall be subject to the approval of the Planning Commission.

D.

For each mobile home, space shall be provided at a minimum one tree, preferably a shade tree.

(Ord. CS 555, 1984; Ord. CS 667, 1990)

17.26.080 - Signs. ¶

A.

One flush wall or fence-mounted sign identifying the name of the mobile home park shall be permitted at the main entrance to the park subject to the following limitations:

1.

Non-moving and non-flashing;

2.

Illumination shall be internal and not reflect glare on adjacent residential development;

3.

Maximum size: 36 square feet;

Maximum height: Six feet;

5.

Designed in harmony with park and fencing.

B.

Directional and similar type signs may be permitted within the mobile home park.

(Ord. CS 555, 1984)

17.26.090 - Other required conditions.

A.

Complete frontage improvements shall be installed along public right-of-way as required by the Public Works Department.

B.

Storm water drainage and sewer and water systems shall be installed to appropriate state and City standards at locations required by the Public Works Department.

C.

Electrical and telephone service shall be installed underground. Individual overhead television or radio antennas shall not be permitted; however, a single master antenna for the use of the mobile home park is permitted.

D.

A six-foot high solid fence of masonry, wood, or chain link fencing with slats shall be provided around the rear and sides of the mobile home park; fencing along the front of the mobile home park shall be approved by the Planning Commission.

E.

Facilities for fire protection within the mobile home park shall be installed to City standards at locations designated by the City Fire Department.

F.

If centralized refuse storage and collection areas are provided, they shall be as approved by the Public Works Department. All outdoor storage, centralized refuse storage and collection areas shall be enclosed with a six-foot high fence.

G.

Accessory service uses, such as a laundromat, car wash rack, may be permitted within a mobile home park for the exclusive use of the residents, if included and approved as part of the conditional use permits.

Mobile homes are permitted to be sold within the mobile home park by the owner, provided they are located on a mobile home space; and further provided, that not more than one mobile home which is for sale shall be placed on any one space.

H.

Refer to Section 17.03.110 for requirements for collection and loading recyclable materials in development projects.

(Ord. CS 555, 1984; Ord. CS 721, 3-27-1995)

CHAPTER 17.28 - ACCESSORY DWELLING UNITS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. CS 1052, § 4, adopted Jan. 9, 2023, repealed the former Ch. 17.28, §§ 17.28.010— 17.28.080, which pertained to second units in a single-family and agricultural zones and derived from Ord. CS 526, adopted in 1983. Section 5(Exh. A) of said ordinance enacted a new Ch. 17.28 as set out herein.

17.28.010 - Accessory dwelling units. ¶

A.

Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code.

B.

Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be:

(1)

Deemed to be inconsistent with the City's general plan and zoning designation for the lot on which the ADU or JADU is located.

(2)

Deemed to exceed the allowable density for the lot on which the ADU or JADU is located.

(3)

Considered in the application of any local ordinance, policy, or program to limit residential growth.

(4)

Required to correct a nonconforming zoning condition, as defined in subsection C.(9) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12.

C.

Definitions. As used in this section, terms are defined as follows:

(1)

"Accessory dwelling unit" or "ADU" means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following:

(A)

An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and

(B)

A manufactured home, as defined by section 18007 of the California Health and Safety Code.

(2)

"Accessory structure" means a structure that is accessory and incidental to a dwelling located on the same lot.

(3)

"Complete independent living facilities" means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated.

(4)

"Director" means the Community Development Director for the City of Atwater.

(5)

"Efficiency kitchen" means a kitchen that includes all of the following:

(A)

A cooking facility with appliances.

(B)

A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU.

(6)

"Junior accessory dwelling unit" or "JADU" means a residential unit that satisfies all of the following:

(A)

It is no more than 500 square feet in size.

(B)

It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure.

(C)

It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure.

(D)

If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling.

(E)

It includes an efficiency kitchen, as defined in subsection C.(5) above.

(7)

"Livable space" means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

(8)

"Living area" means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.

(9)

"Nonconforming zoning condition" means a physical improvement on a property that does not conform with current zoning standards.

(10)

"Passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU.

(11)

"Proposed dwelling" means a dwelling that is the subject of a permit application and that meets the requirements for permitting.

(12)

"Public transit" means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

(13)

"Tandem parking" means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another.

D.

Approvals. The following approvals apply to ADUs and JADUs under this section:

(1)

Building-permit Only. If an ADU or JADU complies with each of the general requirements in subsection E. below, it is allowed with only a building permit in the following scenarios:

(A)

Converted on Single-family Lot: One ADU as described in this subsection D.(1)(A) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU:

(i)

Is either: within the space of a proposed single-family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150 additional square feet if the expansion is limited to accommodating ingress and egress; and

(ii)

Has exterior access that is independent of that for the single-family dwelling; and

(iii)

Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes.

(iv)

The JADU complies with the requirements of Government Code sections 66333 through 66339.

(B)

Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection D.(1)(A) above), if the detached ADU satisfies each of the following limitations:

(i)

The side- and rear-yard setbacks are at least four feet.

(ii)

The total floor area is 800 square feet or smaller.

(iii)

The peak height above grade does not exceed the applicable height limit in subsection E.(2) below.

(C)

Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection D.(1)(C), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units.

(D)

Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following:

(i)

The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the City will not require any modification to the multifamily dwelling as a condition of approving the ADU.

(ii)

The peak height above grade does not exceed the applicable height limit provided in subsection E.(2) below.

(iii)

If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot.

(2)

ADU Permit.

(A)

Except as allowed under subsection D.(1) above, no ADU may be created without a building permit and an ADU permit in compliance with the standards set forth in subsections E. and F. below.

(B)

The City may charge a fee to reimburse it for costs incurred in processing ADU permits, including the costs of adopting or amending the City's ADU ordinance. The ADU-permit processing fee is determined by the director of community development and approved by the City Council by resolution.

(3)

Process and Timing.

(A)

An ADU permit is considered and approved ministerially, without discretionary review or a hearing.

(B)

The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City has not approved or denied the completed application within 60 days, the application is deemed approved unless either:

(i)

The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or

(ii)

When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing.

(C)

If the City denies an application to create an ADU or JADU, the City must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection D.(3)(B) above.

(D)

A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time.

E.

General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections D.(1) or D.(2) above:

(1)

Zoning.

(A)

An ADU subject only to a building permit under subsection D.(1) above may be created on a lot in a residential or mixed-use zone.

(B)

An ADU subject to an ADU permit under subsection D.(2) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use.

(C)

In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences.

(2)

Height.

(A)

Except as otherwise provided by subsections E.(2)(B) and E.(2)(C) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.

(B)

A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

(C)

A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height.

(D)

An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection E.(2)(D) may not exceed two stories.

(E)

For purposes of this subsection E.(2), height is measured from existing legal grade or the level of the lowest floor, whichever is lower, to the peak of the structure.

(3)

Fire Sprinklers.

(A)

Fire sprinklers are required in an ADU if sprinklers are required in the primary residence.

(B)

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

(4)

Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created.

(5)

No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot).

(6)

Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

(7)

Owner Occupancy.

(A)

ADUs created under this section on or after January 1, 2020 are not subject to an owner-occupancy requirement.

(B)

As required by state law, all JADUs are subject to an owner-occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person's legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection E.(7)(B) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization.

(8)

Deed Restriction. Prior to issuance of a certificate of occupancy for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder's office and a copy filed with the

Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:

(A)

Except as otherwise provided in Government Code section 66341, the ADU or JADU may not be sold separately from the primary dwelling.

(B)

The ADU or JADU is restricted to the approved size and to other attributes allowed by this section.

(C)

The deed restriction runs with the land and may be enforced against future property owners.

(D)

The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director's determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code.

(E)

The deed restriction is enforceable by the director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit.

(9)

Rent Reporting. In order to facilitate the City's obligation to identify adequate sites for housing in accordance with Government Code sections 65583.1 and 66330, the following requirements must be satisfied:

(A)

With the building-permit application, the applicant must provide the City with an estimate of the projected annualized rent that will be charged for the ADU or JADU.

(B)

Within 90 days after each January 1 following issuance of the building permit, the owner must report the actual rent charged for the ADU or JADU during the prior year. If the City does not receive the report within

Nonconforming ADUs and Discretionary Approval. Any proposed ADU or JADU that would otherwise be allowed under this section but that does not conform to the objective design or development standards set

forth in subsections A. through H. of this section may be allowed by the City with a conditional use permit, in accordance with the other provisions of this title.